Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL104-1-6697a; FRL-5158-7]

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: On November 28, 1994, the State of Illinois submitted a State

Implementation Plan (SIP) revision request to the United States

Environmental Protection Agency (USEPA) for Marine Vessel Loading as

part of the State's 15 percent (%) Rate of Progress (ROP) Plan control

measures for Volatile Organic Matter (VOM) emissions. A final approval

action is being taken because the submittal meets all pertinent Federal

requirements. The control measures require marine terminals, from May 1

through September 15, to operate a vapor collection and control system

which achieves a 95% control efficiency. This type of control is not

required as Reasonably Available Control Technology (RACT) under the

Clean Air Act, and is therefore not subject to the same RACT

stringency. 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

action, USEPA will withdraw this final rule and address the comments

received in response to this action in a final rule on the related

proposed rule which is being published in the proposed rules section of

this Federal Register. A second public comment period will not be held.

Parties interested in commenting on this action should do so at this

time.

DATES: This final rule is effective June 2, 1995, unless an adverse

comment is received by May 3, 1995. If the effective date of this

action is delayed due to adverse comments, timely notice will be

published in the Federal Register.

ADDRESSES: Copies of the revision request and USEPA's analysis

(Technical Support Document) are available for inspection at the

following address: U.S. Environmental Protection Agency, Region 5, Air

and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois

60604. (It is recommended that you telephone Rosanne M. Lindsay at

(312) 353-1151 before visiting the Region 5 Office.)

Written comments should be sent to: J. Elmer Bortzer, Chief,

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

U.S. Environmental Protection Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Rosanne M. Lindsay at (312) 353-1151.

SUPPLEMENTARY INFORMATION:

I. Summary of State Submittal

On November 28, 1994, the Illinois Environmental Protection Agency

(IEPA) submitted a SIP revision request which amends 35 Ill. Adm. Code

Parts 218 and 219, to include control measures for the loading of

marine vessels and, in addition, eliminates the

[[Page 16802]] exemption for barge loading from the ``non-control

technique guideline'' Subparts, for the Chicago and Metro-East

``severe'' and ``moderate'' ozone nonattainment areas. In doing so,

IEPA believes that these control measures, in part, will reduce VOM

emissions enough to meet the 15% ROP requirements. As required by

section 182(b) of the Clean Air Act (the Act), affected States must

submit a Plan to reduce 1990 VOM emissions by 15% by 1996.

Illinois estimates that the 15% reductions required for Chicago and

the Metro-East are equivalent to 250 tons per day (TPD) and 27 TPD,

respectively, of which controls from marine vessel loading will

contribute 1.3 TPD (1%) and 11.82 TPD (44%), respectively.

II. Analysis of State Submittal

The requirements of the rule apply to sources (marine terminals)

that load or are permitted to load gasoline or crude oil to marine

vessels during the Illinois ozone season (May 1 through September 15).

The rule does not apply to the fueling of marine vessels or the

transfer of liquids from one marine vessel to another marine vessel.

The rule control requirements specify that, unless an owner or

operator chooses an alternative control option (i.e., Section 218/

219.762, subsection (c)), the owner/operator shall equip each terminal

with a vapor collection and a control system that results in overall

VOM reductions of at least 95 percent by weight during loading, is

maintained to prevent leaks, odors, and fumes, and has been certified

by the Coast Guard.

Further, subsection (b) requires that from May 1 through September

15, gasoline or crude oil cannot be loaded unless they are equipped

with vapor collection equipment certified by the Coast Guard, are

capable of being connected to the terminal's vapor collection system,

and are vapor-tight. Vapor-tightness requires that the owner or

operator of a marine vessel either present documentation, prior to

loading to show that a leak test (Method 21, 40 CFR part 60, appendix

A) was passed in the preceding 12 months, or be subject to a leak test

during the last 20% of loading with documented results. Failing the

test prohibits subsequent loading of the marine vessel until such time

that the repair has been made and the documentation provided. Where

loading of a marine vessel takes place with a vacuum-assisted vapor

collection system (See 218/219.762, subsection (b)(3)A)), the marine

vessel is not required to provide evidence of a leak test or be subject

to one during loading.

In subsection (c), the rule lists three alternatives to the

requirements under subsections (a) and (b): (1) Operation of the

control system can be performed in accordance with Federal regulations

pursuant to sections 112(d) or 183 (f) of the Clean Air Act; (2)

reductions equivalent to those listed in appendix E of the rule,

through a federally enforceable emission reduction plan; or (3) an

alternative control plan approved by USEPA in a federally enforceable

permit or as a SIP revision. Compliance with this rule is required by

May 1, 1996.

Note: A federally enforceable emission reduction plan may

include reductions from: (a) The shut down emission units and

withdrawal of permits; (b) over-control of other emission units; or

(c) prohibition of loading activity of gasoline or crude oil during

the control period. Such provisions will be incorporated into a

permit as federally enforceable conditions where applicable.

Compliance with this rule is required by May 1, 1996.

All marine terminals, except those complying with alternative

control requirements, are required to certify compliance upon initial

start-up or upon a change in the compliance method. Testing and

monitoring, recordkeeping and reporting procedures are also required

and apply during the regulatory control period. Those sources with

alternative control requirements must maintain daily throughput

records. All records will be maintained for a period of 3 years.

The control requirements, compliance certifications, testing and

monitoring, recordkeeping and reporting requirements specified in the

rule, are appropriate as they apply to all sources that load gasoline

or crude oil into marine vessels (i.e., there is no minimum threshold

of applicability).

The Illinois rules in no way infringe upon the U.S. Coast Guards

jurisdiction and regulations, and similarly, the U.S. Coast Guard

requirements do not, in any way, relieve a marine terminal from

obtaining the appropriate permits from IEPA, or restrict IEPA's

authority to inspect or enforce. Further, the reductions required by

these rules do not interfere with required reductions which result from

compliance with any other Federal controls or measures included in the

Illinois SIP.

III. Final Rulemaking Action

The USEPA has undertaken its analysis of the marine vessel loading

revision request based on a review of the materials presented by IEPA

and has determined that this SIP revision request is approvable.

Because USEPA considers this action noncontroversial and routine, we

are approving it today without prior proposal.

These rules, applicable to the Chicago and Metro-East St. Louis,

amend 35 Ill. Adm. Code Part 211 Subpart B, amend Sections 218/219.101

and 218/219.106, add Subpart GG to Parts 218 and 219, including

Appendix E, and amend Sections 218/219.920, 218/219.940, 218/219.960,

and 218/219.980.

The USEPA is publishing this action without prior proposal because

USEPA views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the USEPA is proposing to approve the requested

SIP revision should adverse or critical comments be filed. This action

will be effective on June 2, 1995, unless adverse or critical comments

are received by May 3, 1995.

If the USEPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent rule that

withdraws this final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The USEPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective June 2, 1995.

This action has been classified as a Table 2 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 has exempted

this regulatory action from Executive Order 12866 review.

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. USEPA shall consider each request for revision to the SIP 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 [[Page 16803]] entities with jurisdiction over

populations of less than 50,000.

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

Clean Air 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 the

State action. The Clean Air Act forbids USEPA to base its actions

concerning SIPs on such grounds. Union Electric Co. v. USEPA., 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 June 2, 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

Air pollution control, Environmental protection, Incorporation by

reference.

Dated: February 9, 1995.

David A. Ullrich,

Acting Regional Administrator.

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)(106) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(106) On November 23, 1994, the State submitted amended marine

vessel loading rules which consisted of revised definitions, and

revisions to the Ozone Control Plan for the Chicago and Metro-East St.

Louis areas.

(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 211: Definitions and General Provisions, Subpart B:

Definitions, Sections 211.3480 Loading Event and 211.3660 Marine Vessel

added at 18 Ill. Reg. 166769, effective October 25, 1994; Sections

211.3650 Marine Terminal, and 211.6970 Vapor Collection System, and

Section 211.6990 Vapor Control System amended at 18 Ill. Reg. 16769,

effective October 25, 1994.

(B) Part 218: Organic Material Emission Standards and Limitations

for the Chicago Area, Subpart A; General Provisions, Sections 218.101

Savings Clause and 218.106 Compliance Dates amended at 18 Ill. Reg.

16392, effective October 25, 1994; Subpart GG: Marine Terminals,

Sections 218.760 Applicability, 218.762 Control Requirements, 218.764

Compliance Certification, 218.766 Leaks, 218.768 Testing and

Monitoring, and 218.770 Recordkeeping and Reporting added at 18 Ill.

Reg. 16392, effective October 25, 1994; Appendix E: List of Affected

Marine Terminals amended at 18 Ill. Reg. 16392, effective October 25,

1994.

(C) Part 219: Organic Material Emissions Standards and Limitations

for the Metro-East Area, Subpart A; General Provisions, Sections

219.101 Savings Clause and 219.106 Compliance Dates amended at 18 Ill.

Reg. 16415, effective October 25, 1994; Subpart GG: Marine Terminals,

Sections 219.760 Applicability, 219.762 Control Requirements, 219.764

Compliance Certification, 219.766 Leaks, 219.768 Testing and

Monitoring, and 219.770 Recordkeeping and Reporting added at 18 Ill.

Reg. 16415, effective October 25, 1994.

[FR Doc. 95-8044 Filed 3-31-95; 8:45 am]

BILLING CODE 6560-50-P