Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL120-1-6819a; FRL-5424-4]

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: On May 23, 1995, and June 7, 1995, the Illinois Environmental

Protection Agency (IEPA) submitted an adopted rule and supporting

information for the control of batch processes 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 passages. This

regulation requires a reasonably available control technology (RACT)

level of control for batch processes, 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, 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withdrawn, no further rulemaking will occur on this requested SIP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 June 3, 1996, unless adverse

comments are received by May 2, 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.

[[Page 14485]]

On May 23, 1995, and June 7, 1995, IEPA submitted adopted VOC rules

and supporting information for the control of batch processes 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).

Evaluation of Rules

Subpart B: Definitions

Illinois has added the following four definitions to Subpart B:

``Batch Operation,'' ``Batch Process Train,'' ``Process Vent,'' and

``Single Unit Operation.'' These definitions accurately describe the

specified terms and are necessary for implementation of the batch

process rules. These definitions are, therefore, approvable.

Subpart V: Batch Operations and Air Oxidation Processes

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

East St. Louis area) have been amended with rules covering batch

processes. USEPA guidance on batch processes is contained in ``Control

of Volatile Organic Compound Emissions from Batch Processes--

Alternative Control Techniques Information Document'' (ACT).

Section 218/219.500 Applicability for Batch Operations--This rule

applies to process vents associated with batch operations at sources

identified by specified standard industrial classification (SIC) codes

and to all batch operations at Stepan Company's Millsdale manufacturing

facility in Elwood, Illinois. This rule does not apply to any emission

unit included within the category specified in Subpart B: Organic

Emissions from Storage and Loading Operations and Subpart T:

Pharmaceutical Operations. A July 28, 1995, letter from Bharat Mathur,

Chief, Bureau of Air for IEPA, to Stephen Rothblatt, Chief Regulation

Development 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.'' The rule also does not apply to Air Oxidation processes, which are

regulated by sections 218/520-526, and emission units included within

an Early Reduction Program (as specified in 40 CFR Part 63) with a

timely enforceable commitment approved by USEPA. Any single unit

operation within a batch operation and any batch process train

containing process vents with de minimis emissions are exempt from the

control requirements of this Subpart.

The applicability equations in subsection (e) of Sections 218/

219.500, which require the calculation of uncontrolled total annual

mass emissions and flow rate value, are used to determine whether a

single unit operation or a batch process train is subject to the

control requirements in Sections 218/219.501. These applicability

equations, which are consistent with the equations in the ACT,

establish which vent streams are feasible to control.

Section 218/219.501 Control Requirements for Batch Operations--Any

individual unit operation within a batch process train determined to be

subject to these control requirements must reduce uncontrolled VOC

emissions by an overall efficiency of at least 90 percent or emit less

than 20 parts per million by volume (ppmv). Similarly, any batch

process train determined to be subject to these control requirements

must reduce uncontrolled VOC emissions by an overall efficiency of at

least 90 percent or emit less than 20 parts per million by volume

(ppmv). The ppmv limit is also clarified in IEPA's July 28, 1995,

letter. If a source has installed a control device prior to March 15,

1995, that source can meet an 81 percent control efficiency--as opposed

to 90 percent--until no later than December 31, 1999, at which time the

90 percent/20 ppmv requirement is put into effect. These control

requirements are generally consistent with the guidance in USEPA's ACT

document.

Section 218/219.502 Determination of Uncontrolled Total Annual mass

Emissions and Average Flow Rate Values for Batch Operations--This

section establishes the way in which total annual mass emissions and

average flowrate are to be determined. These parameters are used to

establish applicability of the control requirements to single unit

batch operation and a batch process train.

Section 218/219.503 Performance and Testing Requirements for Batch

Operations--Batch Operations must be run at representative operating

conditions and flow rates during any performance test and the methods

in 40 CFR 60 Appendix A must be used to determine compliance with the

percent reduction efficiency and ppmv requirement in Section 501.

Subsection 503(h) allows ``an alternative test method or procedures to

demonstrate compliance with the control requirements set forth in

Section 501 of this Subpart. Such method or procedures shall be

approved by the Agency and USEPA as evidenced by federally enforceable

permit conditions.'' The procedures for USEPA's review and approval of

these alternative test methods and procedures are specified in a

September 13, 1995, letter from IEPA to Region 5 of the USEPA.

Section 218.504 Monitoring requirements for Batch Operations--This

section specifies monitoring devices and parameters to be measured--

depending upon the control device used. Subsection 504(g) allows a

source to monitor by an alternative method and to monitor parameters

other than those listed in subsections (a) through (f) in this section.

``Such alternative method or parameters shall be contained in the

source's operating permit as federally enforceable permit conditions.''

The procedures for USEPA's review and approval of these alternative

monitoring methods and parameters are specified in a September 13,

1995, letter from IEPA to Region 5 of the USEPA.

Section 218/219.505--Reporting and Recordkeeping for Batch

Operations--Sources that are exempt because their emissions are lower

than the cut-off must keep records of, and document, their total annual

mass emissions and average flowrate. Sources subject to the control

requirements in Section 501 must keep the records specified in

Subsection 505(c) (which are dependent upon the type of control device

in use). Subsection 505(e) allows a source to maintain alternative

records other than those listed in subsection 505(c) and states ``Any

alternative recordkeeping shall be approved by the Agency and USEPA and

shall be contained in the source's operating permit as federally

enforceable permit conditions.'' The procedures for USEPA's review and

approval of these alternative monitoring methods and parameters are

specified in a September 13, 1995, letter from IEPA to Region 5 of

USEPA.

Section 218/219.506 Compliance Date--Compliance with this rule is

required by March 15, 1996.

Final Rulemaking Action

Illinois' rules for batch operations are generally 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

[[Page 14486]]

Part 219 (for the East St. Louis ozone nonattainment area) and the

related definitions in Part 211 that were submitted on May 23, 1995,

and June 7, 1995.

Because USEPA considers this action noncontroversial and routine,

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

effective on June 3, 1996. However, if we receive adverse comments by

May 2, 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 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, former Acting Assistant

Administrator for the Office of Air and Radiation. A July 10, 1995,

memorandum from Mary D. Nichols, Assistant Administrator for the Office

of Air and Radiation explains that the authority to approve/disapprove

SIPs has been delegated to the Regional Administrators for Table 3

actions. 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.

Because this final rule is estimated to result in the expenditure

by State, local, and tribal governments or the private sector of less

then $100 million in any one year, the USEPA has not prepared a

budgetary impact statement or specifically addressed the selection of

the least costly, most cost-effective, or least burdensome alternative.

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).

Final Rule: Direct Final Approval of Illinois' Batch Operations

Rules. Page 11 of 13.

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 3, 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: January 17, 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)(121) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(121) On May 23, 1995, and June 7, 1995, the State submitted

volatile organic compound control regulations for incorporation in the

Illinois State Implementation Plan for ozone.

(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 211.695, 211.696,

211.5245, 211.6025. These sections were adopted on May 4, 1995, Amended

at 19 Ill. Reg. 7344, and effective May 22, 1995.

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

[[Page 14487]]

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 V:

218.500, 218.501, 218.502, 218.503, 218.504, 218.505, 218.506. These

sections were adopted on May 4, 1995, Amended at 19 Ill. Reg. 7359, and

effective May 22, 1995.

(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 V:

219.500, 219.501, 219.502, 219.503, 219.504, 219.505, 219.506. These

sections were adopted on May 4, 1995, Amended at 19 Ill. Reg. 7385, and

effective May 22, 1995.

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[FR Doc. 96-7904 Filed 4-1-96; 8:45 am]

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