Approval and Promulgation of Implementation Plans for Ozone; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL105-1-6841a; FRL-5139-5]

Approval and Promulgation of Implementation Plans for Ozone;

Illinois

AGENCY: U. S. Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: The U.S. Environmental Protection Agency (USEPA) approves the

State Implementation Plan (SIP) revision request submitted by the State

of Illinois on October 25, 1994, for the purpose of requiring the

installation of pressure/vacuum (P/V) relief valves on storage tank

vent pipes at certain gasoline dispensing operations in the Chicago and

Metro-East St. Louis (Metro-East) ozone nonattainment areas. The

rationale for the approval is set forth in this final rule; additional

information is available at the address indicated. In the proposed

rules section of this Federal Register, USEPA is proposing approval of

and soliciting public comment on this requested SIP revision. If

adverse comments are received on this direct final rule, USEPA will

withdraw this direct final rule and address the comments received in a

subsequent final rule on the related proposed rule which is being

published in the proposed rules section of this Federal Register. No

additional opportunity for public comment will be provided. Unless this

direct final rule is withdrawn no further rulemaking will occur on this

requested SIP revision.

DATES: This final rule is effective March 28, 1995 unless notice is

received by February 27, 1995 that someone wishes to submit adverse

comments. If the effective date is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Copies of the USEPA's technical analysis are available for

inspection at the following address: (It is recommended that you

telephone Francisco Acevedo at (312) 886-6061 before visiting the

Region 5 Office.)

U.S. Environmental Protection Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.

Written comments can be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section (AR-18J), Regulation Development Branch,

Air and Radiation Division, U.S. Environmental Protection Agency, 77

West Jackson Boulevard, Chicago, Illinois 60604.

A copy of the Pressure/Vacuum SIP revision is available for

inspection at: Office of Air and Radiation (OAR), Docket and

Information Center (Air Docket 6102), room 1500, U.S. Environmental

Protection Agency, 401 M Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Francisco Acevedo (312) 886-6061.

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(b)(1) of the Act requires all moderate and above ozone

nonattainment areas to achieve a 15 percent reduction of 1990 emissions

of volatile organic material by 1996. In Illinois, the Chicago and the

Metro-East areas are classified as ``Severe'' and ``Moderate''

nonattainment for ozone, respectively, and as such subject to the 15

percent Rate of Progress (ROP) requirement.

The Illinois Environmental Protection Agency (IEPA) developed and

submitted a plan to USEPA on November 15, 1993 outlining the VOC

emission control measures which will be implemented in order to satisfy

the 15 percent ROP requirements. On January 21, 1994, USEPA found the

Illinois Plan incomplete because it did not contain all the necessary

components necessary for approval. On November 22, 1994, IEPA

resubmitted the 15 percent ROP plan and USEPA is currently reviewing

the plan. One of the measures identified for both the Chicago and

Metro-East plans is the introduction of storage tank breathing controls

for gasoline dispensing facilities. The Chicago ozone

[[Page 5319]] nonattainment area includes Cook, DuPage, Grundy (only

Aux Sable and Goose Lake Townships), Kane, Kendall (Oswego Township

only), Lake McHenry, and Will Counties. The Metro-East ozone

nonattainment area includes Madison, Monroe, and St. Clair Counties. On

April 22, 1994, IEPA filed the proposed P/V relief valves rule with the

Illinois Pollution Control Board (Board). A public hearing on the rules

was held on June 17, 1994, in Chicago, Illinois, and on September 5,

1994, the Board adopted a Final Opinion and Order for the proposed

amendments. The rules became effective on September 21, 1994 and they

were published in the Illinois State register on October 7, 1994. The

IEPA formally submitted the Pressure/Vacuum Relief Valve rules to USEPA

on October 25, 1994, as a revision to the Illinois SIP for ozone.

II. Stage I/II Requirements

In 1975, the USEPA issued regulatory guidance to assist states in

preparing regulations for the control of volatile organic material in

ozone nonattainment areas. As a result, gasoline dispensing operations

located in the Illinois nonattainment areas were required to be

equipped with Stage I vapor recovery systems. The Stage I controls

collect gasoline vapor losses generated during bulk gasoline delivery.

These Stage I rules did not, however, include any requirement for the

control of storage tank breathing loss.

The Clean Air Act Amendments of 1990 further required certain ozone

nonattainment areas to implement Stage II vapor recovery. Accordingly,

Stage II vapor recovery rules for the Chicago ozone nonattainment area

were promulgated in 1992. The Stage II system collects gasoline vapors

being expelled from vehicles during refueling. These Stage II systems

are highly effective and work in conjunction with the Stage I controls.

As with Stage I, Stage II rules did not directly require the control of

storage tank breathing losses.

Even with the Stage I and Stage II controls, volatile organic mass

(VOM) (gasoline vapor) emissions still occur as vapors are lost (pushed

out) through the underground storage tank vent pipe. The vent pipe

emissions result from the breathing losses which are caused by vapor

and liquid expansion and contraction due to diurnal changes in

temperature, barometric pressure and gasoline evaporation.

IEPA's regulations are intended to increase the effectiveness of

Stage I and II controls as well as control the gasoline vapor losses

being expelled through the vent pipe as stated above. The control of

these emissions will be to require that all open vent pipes at gasoline

dispensing facilities with a storage tank capacity of at least 575

gallons be equipped with low pressure/vacuum (P/V) relief valves.

III. Analysis of Rule

The P/V rule amends 35 Ill. Adm. Code Part 201 Subpart K, Part 211

Subpart B, Part 218 Subpart Y, and Part 219 Subpart Y. The P/V relief

valve rule requires gasoline dispensing facilities located in the

Chicago and Metro-East ozone nonattainment areas with a storage tank

capacity of at least 575 gallons to install a P/V relief valve on each

gasoline storage tank vent by March 15, 1995. However, tanks installed

before January 1, 1979, are exempt from the rule if they have a

capacity of less than 2000 gallons, as are tanks that are equipped with

floating roofs or equivalent control devices that have been approved by

the State and USEPA. The P/V relief valve must be capable of resisting

a pressure of at least 3.5 inches water column and a vacuum of at least

6 inches water column. If a facility is subject to the Stage II vapor

recovery rules, the P/V relief valve used must comply with its

California Air Resources Board (CARB) certification. The P/V rule also

requires the owner or operator to register the installation of the P/V

relief valve, to maintain records of malfunctions, maintenance, and

repair and to annually test for proper system pressure/vacuum. IEPA

currently employs an annual inspection program for Stage I and II

regulated facilities. The storage tank breathing control program will

be incorporated into the existing inspection program. The State

currently has the authority to administer and enforce the control

program once the rules become effective.

The Illinois Environmental Protection Act (Illinois Act), section

42(a), states that any person that violates any provision of the

Illinois Act or any regulation adopted by the Board, or any permit or

term or condition thereof, or that violates any determination or order

of the Board pursuant to the Illinois Act, shall be liable to a civil

penalty not to exceed $50,000 for the violation and an additional

$10,000 for each day for which the violation continues. In that this

submittal is a regulation adopted by the Board, a violation of which

subjects the violator to penalties under section 42(a), the submittal

contains sufficient enforcement penalties for approval.

IV. Final Rulemaking Action

The USEPA approves the SIP revision submitted by the State of

Illinois. The State of Illinois has submitted a SIP revision that

includes an enforceable state regulation which is consistent with

Federal requirements. The SIP also includes a commitment from the State

to perform enforcement inspections on the regulated stations.

Substantial penalties that will provide an adequate incentive for the

regulated industry to comply and are no less than the expected cost of

compliance are included in current Pollution Control Board Regulation.

USEPA is, therefore, approving this submittal.

V. Procedural Background

Because USEPA considers this action noncontroversial and routine,

we are approving it without prior proposal. The action will become

effective on March 28, 1995. However, if the USEPA receives adverse

comments by February 27, 1995, then the USEPA will publish a document

that withdraws the action, and will address the comments received in

response to this direct final rule in the final rule on the requested

SIP revision which has been proposed for approval in the proposed rules

section of this Federal Register. The comment period will not be

extended or reopened.

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from Executive Order 12866 review.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any State Implementation Plan. Each request for revision to

any State Implementation Plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, USEPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000. [[Page 5320]]

SIP approvals under section 110 and subchapter I, part D of the Act

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal state relationship under the Act,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

Act forbids USEPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410(a)(2).

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by March 28, 1995. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbon,

Incorporation by reference, Ozone.

Dated: December 29, 1994.

Valdas V. Adamkus,

Regional Administrator.

For the reasons stated in the preamble, part 52, chapter I, title

40 of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart O--Illinois

2. Section 52.720 is amended by adding paragraph (c)(107) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(107) On October 25, 1994, Illinois submitted a regulation which

requires gasoline dispensing operations in the Chicago and Metro-East

St. Louis ozone nonattainment areas that have storage tanks of at least

575 gallons to install pressure/vacuum relief valves on storage tank

vent pipes. Tanks installed before January 1, 1979, are exempt from the

rule if they have a capacity of less than 2000 gallons, as are tanks

that are equipped with floating roofs or equivalent control devices

that have been approved by the State and USEPA.

(i) Incorporation by reference. Illinois Administrative Code Title

35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:

Pollution Control Board, Subchapter c: Emissions Standards and

Limitations for Stationary Sources.

(A) Part 201 Permits and General Provisions, Section 201.302

Reports. Amended at 18 Ill. Reg. 15002. Effective September 21, 1994.

(B) Part 211 Definitions and General Provisions, Section 211.5060

Pressure/Vacuum Relief Valve. Added at 18 Ill. Reg. 14962. Effective

September 21, 1994.

(C) Part 218 Organic Material Emission Standards and Limitations

for Chicago Area, Section 218.583 Gasoline Dispensing Operations-

Storage Tank Filling Operations. Amended at 18 Ill. Reg. 14973.

Effective September 21, 1994.

(D) Part 219 Organic Material Emission Standards and Limitations

for Metro East Area, Section 219.583 Gasoline Dispensing Operations-

Storage Tank Filling Operations. Amended at 18 Ill. Reg. 14987.

Effective September 21, 1994.

[FR Doc. 95-2015 Filed 1-26-95; 8:45 am]

BILLING CODE 6560-50-F