Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENT PROTECTION AGENCY

40 CFR Part 52

[IL122-1a; FRL-5530-5]

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: On November 30, 1994, the Illinois Environmental Protection

Agency (IEPA) submitted an adopted rule and supporting information for

the control of volatile organic liquid (VOL) storage operations for the

Chicago and East St. Louis ozone nonattainment areas as a requested

State Implementation Plan (SIP) revision. This rule is part of the

State's control measures for volatile organic compound (VOC) emissions,

for the Chicago and East St. Louis ozone nonattainment areas, and is

intended to satisfy part of the requirements of section 182(b)(2) of

the Clean Air Act (Act), as amended in 1990. VOCs are air pollutants

which combine on hot summer days to form ground-level ozone, commonly

known as smog. Ozone pollution is of particular concern because of its

harmful effects upon lung tissue and breathing

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passages. This regulation requires a reasonably available control

technology (RACT) level of control for VOL storage operations, as

required by the amended Act. In this document, USEPA is approving

Illinois' rule. The rationale for the approval is set forth in this

final rule; additional information is available at the address

indicated below. Elsewhere in this Federal Register USEPA is proposing

approval and soliciting public comment on this requested revision to

the SIP. If adverse comments are received on this direct final rule by

September 9, 1996, USEPA will withdraw the final rule and address the

comments received in a new final rule. Unless this final rule is

withdrawn, no further rulemaking will occur on this requested SIP

revision.

DATES: This final rule is effective October 7, 1996 unless adverse

comments are received by September 9, 1996. If the effective date is

delayed, timely notice will be published in the Federal Register.

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

Regulation Development Section, Air Programs Branch (AR-18J), Air and

Radiation Division, U.S. Environmental Protection Agency, 77 West

Jackson Boulevard, Chicago, Illinois, 60604.

Copies of the SIP revision request are available for inspection at

the following address: (It is recommended that you telephone Steven

Rosenthal at (312) 886-6052, before visiting the Region 5 office.) U.S.

Environmental Protection Agency, Region 5, Air and Radiation Division,

77 West Jackson Boulevard, Chicago, Illinois, 60604.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Air Programs Branch

(AR-18J) (312) 886-6052.

SUPPLEMENTARY INFORMATION:

Background

Under the Act, as amended in 1977, ozone nonattainment areas were

required to adopt RACT for sources of VOC emissions. USEPA issued three

sets of control technique guidelines (CTGs) documents, establishing a

``presumptive norm'' for RACT for various categories of VOC sources.

The three sets of CTGs were (1) Group I--issued before January 1978 (15

CTGs); (2) Group II--issued in 1978 (9 CTGs); and (3) Group III--issued

in the early 1980's (5 CTGs). Those sources not covered by a CTG were

called non-CTG sources. USEPA determined that an area's SIP-approved

attainment date established which RACT rules the area needed to adopt

and implement. In those areas where the State sought an extension of

the attainment date under section 172(a)(2) to as late as December 31,

1987, RACT was required for all CTG sources and for all major (100 tons

per year or more of VOC emissions under the pre-amended Act) non-CTG

sources. Illinois sought and received such an extension for the Chicago

area.

Section 182(b)(2) of the Act, as amended in 1990, requires States

to adopt RACT rules for all areas designated nonattainment for ozone

and classified as moderate or above. There are three parts to the

section 182(b)(2) RACT requirement: (1) RACT for sources covered by an

existing CTG--i.e., a CTG issued prior to the enactment of the amended

Act of 1990; (2) RACT for sources covered by a post-enactment CTG; and

(3) all major sources not covered by a CTG. These section 182(b)(2)

RACT requirements are referred to as the RACT ``catch-up''

requirements.

Section 183 of the amended Act requires USEPA to issue CTGs for 13

source categories by November 15, 1993. A CTG was published by this

date for two source categories--Synthetic Organic Chemical

Manufacturing Industry (SOCMI) Reactors and Distillation; however, the

CTGs for the remaining source categories have not been completed. The

amended Act requires States to submit rules for sources covered by a

post-enactment CTG in accordance with a schedule specified in a CTG

document. Accordingly, States must submit a RACT rule for SOCMI reactor

processes and distillation operations before March 23, 1994.

The USEPA created a CTG document as Appendix E to the General

Preamble for the Implementation of Title I of the Clean Air Act

Amendments of 1990. (57 FR 18070, 18077, April 28, 1992). In Appendix

E, USEPA interpreted the Act to allow a State to submit a non-CTG rule

by November 15, 1992, or to defer submittal of a RACT rule for sources

that the State anticipated would be covered by a post-enactment CTG,

based on the list of CTGs USEPA expected to issue to meet the

requirement in section 183. Appendix E states that if USEPA fails to

issue a CTG by November 15, 1993 (which it did for 11 source

categories), the responsibility shifts to the State to submit a non-CTG

RACT rule for those sources by November 15, 1994. In accordance with

section 182(b)(2), implementation of that RACT rule should occur by May

31, 1995.

On November 30, 1994, IEPA submitted adopted VOC rules and

supporting information for the control of VOL storage operations in the

Chicago ozone severe nonattainment area and the Metro-East (East St.

Louis) ozone moderate nonattainment area. These rules were intended to

satisfy, in part, the major non-CTG control requirements of section

182(b)(2). USEPA has not issued a CTG for this source category.

However, USEPA did prepare a January 1994 ``Alternative Control

Techniques Document (ACT): Volatile Organic Liquid Storage in Floating

and Fixed Roof Tanks.'' The purpose of an ACT document is to provide

information on alternative control techniques for the specified source

category. As such, this ACT document is the chief basis for RACT for

the control of VOL storage operations.

Evaluation of Rules

Subpart B: Definitions

Illinois has added the following two definitions to Subpart B:

``Fill,'' and ``Maximum True Vapor Pressure.'' These definitions

accurately describe the specified terms and are necessary for

implementation of the VOL storage rules. These definitions are,

therefore, approvable.

Subpart B: Organic Emissions From Storage and Loading Operations

Subpart B of Part 218 (for the Chicago area) and Part 219 (for the

East St. Louis area) has been amended with rules covering VOL storage

operations. For the reasons discussed below, USEPA has reviewed these

rules and determined that they are consistent with the ACT, and,

therefore, approvable.

Section 218/219.119 Applicability for VOL--This section establishes

which VOL storage operations are subject to the control requirements in

Section 218/219.120. VOL storage operations with a maximum true vapor

pressure of 0.5 pounds per square inch absolute (psia) or greater in

any storage tank of 40,000 gallons capacity or greater are subject to

these control requirements. These control requirements (in 218/219.120)

do not apply to vessels storing petroleum liquids, which are regulated

in other sections.

In a July 28, 1995, letter from Bharat Mathur, Chief, Bureau of Air

for IEPA, to Stephen Rothblatt, Chief, Air Programs Branch for Region

5, USEPA clarifies that ``* * * for purposes of the rule for Batch

Operations, otherwise applicable unit operations within a batch process

remain subject to Subpart V (and not B), even if the unit operation

performs what could be considered storage as some part of its

operation. More specifically, those unit operations which form the

batch process train are covered by Subpart V.'' Section 218/219.120

Control Requirements for Storage Containers--(a) Every owner or

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operator storing VOL in a vessel of 40,000 gallons or greater with a

maximum true pressure equal to 0.75 psia, or greater, but less than

11.1 psia, is required to reduce its storage tank emissions in

accordance with one of the following.

218/219.120(a)(1) Each fixed roof tank must be equipped with an

internal floating roof, or be equipped with a vapor control system that

meets the specifications in subsection (a)(4), that rests or floats on

the liquid surface. Each internal floating roof must be equipped with a

foam or liquid-filled seal mounted in contact with the liquid (liquid-

mounted seal); two seals mounted one above the other so that each forms

a continuous closure that completely covers the space between the wall

of the storage vessel and the edge of the internal floating roof; or a

mechanical shoe seal. Compliance with the control requirements in 218/

219.120(a)(1) (for fixed roof tanks lacking floating roofs as of the

date of rule adoption-October 20, 1994) is required by March 15, 1996.

Compliance with the control requirements in 218/219.120(a)(2) for

internal floating roof tanks is required by the next scheduled tank

cleaning or before March 15, 2004, whichever comes first.

Section 218/219.120(a)(3) requires that external floating roof

tanks be equipped with a closure device between the wall of the storage

vessel and the roof edge. The closure device is to consist of a primary

seal and a secondary seal. The primary seal is required to completely

cover the annular space between the edge of the floating roof and tank

wall. The secondary seal is required to completely cover the annular

space between the external floating roof and the wall of the storage

vessel in a generally continuous fashion. Compliance with the control

requirements in 218/219.120(a)(3) is required after the next scheduled

tank cleaning but no later than March 15, 2004.

218/219.120(a)(4) provides the closed vent system and control

device specifications. The closed vent system must be designed to

collect all VOC vapors and gases discharged from the storage vessel and

operated with no detectable emissions as indicated by an instrument

reading of less than 500 parts per million above background and visual

inspections. A control device must be designed and operated to reduce

inlet VOC emissions by 95 percent or greater.

Sections 218/219.120(a)(5) allows an alternative emission control

plan equivalent to the requirements of (a)(1), (a)(2), (a)(3), or

(a)(4) that has been approved by IEPA and USEPA in a federally

enforceable permit or as a SIP revision.

On December 17, 1992, (57 FR 59928) USEPA approved Illinois'

existing Operating Permit program as satisfying USEPA's June 28, 1989,

(54 FR 27274) five criteria for establishing Federally Enforceable

State Operating Permit programs. One of the criteria is that permits

may not be issued that make less stringent any SIP limitation or

requirement. USEPA's December 17, 1992, notice states that operating

permits issued by Illinois in conformance with the five criteria

(including the prohibition against States issuing operating permit

limits less stringent than the regulations in the SIP) discussed in

this document will be considered federally enforceable. This document

also states Illinois' operating permit program allows USEPA to deem an

operating permit not ``federally enforceable.''

On July 21, 1992, USEPA promulgated a new part 70 of chapter 1 of

title 40 of the Code of Federal Regulations. See 57 FR 32250. This new

part 70 contains regulations, required by Title V of the Act, that

require and specify the minimum elements of State operating permit

programs. Part 70 is therefore an appropriate basis for evaluating the

acceptability of Illinois' use of federally enforceable State operating

permits (FESOP) and Title V permits in its VOC rules.

Section 70.6(a)(1)(iii) states:

If an applicable implementation plan allows a determination of

an alternative emission limit at a part 70 source, equivalent to

that contained in the plan, to be made in the permit issuance,

renewal, or significant modification process, and the State elects

to use such process, any permit containing such equivalency

determination shall contain provisions to ensure that any resulting

emissions limit has been demonstrated to be quantifiable,

accountable, enforceable, and based on replicable procedures.

USEPA has therefore determined that this alternative control

requirement, in subsections 218/219.120(a)(5), is approvable because it

requires that any alternative must be equivalent to the underlying SIP

requirements (consistent with part 70) and USEPA can deem a permit

containing an alternative control plan to be not ``federally

enforceable'' if it determines that a permit is not quantifiable or

practically enforceable or a permit relaxes the SIP. The underlying

SIP, to which any equivalent alternative control plan must be compared,

has federally enforceable control requirements, test methods, and

recordkeeping and reporting requirements. In addition, IEPA's September

13, 1995, letter contains the specific procedures for USEPA review and

approval.

Section 218/219.120(b) requires 40,000 gallon or greater storage

vessels which contain VOL that has a maximum true vapor pressure

greater than or equal to 11.1 psia to be equipped with a closed vent

system and control device as specified in (a)(4).

Section 218/219.125 Compliance Dates--Fixed roof tanks and closed

vent system and control device equipped tanks are required to comply

with control device requirements by March 15, 1996. Internal and

external floating roof tanks are required to comply with the control

requirements during the next scheduled tank cleaning or by March 15,

2004, whichever comes first.

Section 218/219.127 Testing VOL Operations--Subsection (a) requires

visual inspections for the internal floating roof, the primary seal and

the secondary seal. Subsection (b) requires that for external floating

roof tanks the gap areas and maximum gap widths between the primary

seal and the wall of the storage vessel and between the secondary seal

and the wall of the storage vessel be determined. Testing requirements

for closed vent systems and control devices are contained in 40 CFR

60.485(c) and the general test methods in 218/219.105(d) and (f),

respectively.

218/219.128 Monitoring VOL Operations--This section deals primarily

with determining the maximum true vapor pressure of the VOL.

Section 218/219.129 Recordkeeping and Reporting for VOL

Operations--Subsection 129(a) specifies recordkeeping and reporting

requirements for fixed roof and internal floating roof tanks. This

subsection requires records of each inspection that is performed.

Reporting is required of any defects found and subsequent repairs made.

Subsection 120(b) specifies recordkeeping and reporting requirements

for external floating roof tanks. Records of seal gap measurements are

required as are reports of these measurements. Reports are also

required which identify any seal gap measurements that exceed gap

limitations and the subsequent date of repair. Subsection (e) requires

that records be maintained of the storage vessel dimensions and an

analysis of the storage vessel capacity. Subsection (f) requires that a

record of the VOL storage, the period of storage, and the maximum true

vapor pressure of the VOL during the respective storage period be

maintained.

[[Page 41341]]

Final Rulemaking Action

Illinois' rules for VOL storage operations are consistent with

USEPA's guidance in the ACT for this category and are, therefore,

considered to constitute RACT. USEPA, therefore, approves these rules

in Part 218 (for the Chicago ozone nonattainment area), in Part 219

(for the East St. Louis ozone nonattainment area) and the related

definitions in Part 211, as submitted on November 30, 1994.

Because USEPA considers this action noncontroversial and routine,

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

effective on October 7, 1996. However, if we receive adverse comments

by September 9, 1996, then USEPA will publish a document that withdraws

this final action. If no request for a public hearing has been

received, USEPA will address the public comments received in a new

final rule on the requested SIP revision based on the proposed rule

located in the proposed rules section of this Federal Register. If a

public hearing is requested, USEPA will publish a document announcing a

public hearing and reopening the public comment period until 30 days

after the public hearing. At the conclusion of this additional public

comment period, USEPA will publish a final rule responding to the

public comments received and announcing final action.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995, memorandum from Mary D. Nichols, 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.

Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded

Mandates Act'') (signed into law on March 22, 1995) requires that the

USEPA prepare a budgetary impact statement before promulgating a rule

that includes a Federal mandate that may result in expenditure by

State, local, and tribal governments, in aggregate, or by the private

sector, of $100 million or more in any one year. Section 203 requires

the USEPA to establish a plan for obtaining input from and informing,

educating, and advising any small governments that may be significantly

or uniquely affected by the rule.

Under section 205 of the Unfunded Mandates Act, the USEPA must

identify and consider a reasonable number of regulatory alternatives

before promulgating a rule for which a budgetary impact statement must

be prepared. The USEPA must select from those alternatives the least

costly, most cost-effective, or least burdensome alternative that

achieves the objectives of the rule, unless the USEPA explains why this

alternative is not selected or the selection of this alternative is

inconsistent with law.

This final rule only approves the incorporation of existing State

rules into the SIP and imposes no additional requirements. This rule is

estimated to result in the expenditure by State, local, and tribal

governments or the private sector of less than $100 million in any one

year. USEPA, therefore, has not prepared a budgetary impact statement

or specifically addressed the selection of the least costly, most cost-

effective, or least burdensome alternative. Furthermore, because small

governments will not be significantly or uniquely affected by this

rule, the USEPA is not required to develop a plan with regard to small

governments. This rule only approves the incorporation of existing

state rules into the SIP. It imposes no additional 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.

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 801(a)(1)(A) of the Administrative Procedure Act

(APA) as amended by the Small Business Regulatory Enforcement Fairness

Act of 1996, EPA submitted a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives and the Comptroller General of the General Accounting

Office prior to publication of this rule in today's Federal Register.

This rule is not a ``major rule'' as defined by section 804(2) of the

APA as amended.

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 October 7, 1996. 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, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

Dated: June 11, 1996.

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)(128) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(128) On November 30, 1994, the State submitted volatile organic

compound control regulations for incorporation in the Illinois State

Implementation Plan for ozone.

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(i) Incorporation by reference. (A) Title 35: Environmental

Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control

Board, Subchapter c: Emission Standards and Limitations for Stationary

Sources, Part 211: Definitions and General Provisions, Subpart B:

Definitions, Sections 211.2300, 211.3695. These sections were adopted

on October 20, 1994, Amended at 18 Ill. Reg. 16929, and effective

November 15, 1994.

(B) Title 35: Environmental Protection, Subtitle B: Air Pollution,

Chapter I: Pollution Control Board, Subchapter c: Emission Standards

and Limitations for Stationary Sources, Part 218: Organic Material

Emission Standards and Limitations for the Chicago Area, Subpart B:

218.119, 218.120, 218.125, 218.127, 218.128, 218.129. These sections

were adopted on October 20, 1994, Amended at 18 Ill. Reg. 16950, and

effective November 15, 1994.

(C) Title 35: Environmental Protection, Subtitle B: Air Pollution,

Chapter I: Pollution Control Board, Subchapter c: Emission Standards

and Limitations for Stationary Sources, Part 219: Organic Material

Emission Standards and Limitations for the Metro East Area, Subpart B:

219.119, 219.120, 219.125, 219.127, 219.128, 219.129. These sections

were adopted on October 20, 1994, Amended at 18 Ill. Reg. 16980, and

effective November 15, 1994.

* * * * *

[FR Doc. 96-20251 Filed 8-7-96; 8:45 am]

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