Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL 149-1a; FRL-5834-6]

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: On July 23, 1996, the State of Illinois submitted a site

specific State Implementation Plan (SIP) revision request to revise

Volatile Organic Material (VOM) Reasonably Available Control Technology

(RACT) requirements for Chase Products Company in Broadview (Cook

County), Illinois. VOM, as defined by the State of Illinois, is

identical to ``volatile organic compounds'' (VOC), as defined by USEPA.

Emissions of VOC react with other pollutants, such as oxides of

nitrogen, 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.

Chicago area RACT rules are intended to establish, for each

particular major stationary source in the Chicago ozone nonattainment

area, the lowest VOC emission limitation it is capable of meeting by

the application of control technology that is reasonably available,

considering technological and economic feasibility. RACT controls are a

major component of the Chicago ozone nonattainment area's overall

strategy to achieve and maintain attainment with the ozone standard. A

direct final approval action is being taken because the submittal meets

all pertinent Federal requirements.

DATES: The ``direct final'' is effective on August 8, 1997, unless

USEPA receives adverse or critical comments by July 9, 1997. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the revision request 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 Ryan Bahr,

Environmental Engineer, at (312) 353-4366 before visiting the Region 5

Office.)

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

Regulation Development Section, Air Programs Branch (AR-18J), U.S.

Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,

Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Ryan Bahr at (312) 353-4366.

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(b)(2) of the Clean Air Act (Act) requires States with

moderate and above ozone nonattainment areas to

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adopt VOC RACT rules covering ``major'' sources not already covered by

a Control Technique Guideline (CTG) for all areas designated

nonattainment for ozone and classified as moderate or above. Under

section 182(d), sources located in areas classified as ``severe'' are

considered ``major'' sources if they have the potential to emit 25 tons

per year or more of VOC.

On October 21, 1993, and March 4, 1994, the State of Illinois

submitted and supplemented, as a revision to the Illinois SIP,

``generic'' RACT rules covering non-CTG major sources in the Chicago

severe ozone nonattainment area, including subpart DD of part 218 of 35

Illinois Administrative Code (IAC).

Public hearings on the adjusted standard proposal were held on June

26, 1995, and on August 2, 1995, in Chicago, Illinois and on August 8,

1995, Chase Products and the Illinois Environmental Protection Agency

(IEPA) filed a joint petition for an adjusted standard for Chase

Products' Broadview, Illinois facility with the Illinois Pollution

Control Board (Board). The adjusted standard petition sought relief for

the Broadview facility's aerosol can filling lines from VOM control

requirements found in part 218, subpart DD. Subpart DD requires that 90

percent (%) of the cans filled on a monthly basis on the Broadview

facility's aerosol can filling lines to be filled using a method called

through the valve (TTV). TTV filling greatly reduces emissions when

compared with the standard under the cup method (UTC). Subpart DD

additionally requires the remaining cans to be filled using enhanced

under the cup (EUTC) techniques or another approved system which

reduces emissions by at least 75% of UTC emissions.

On January 26, 1997, (61 FR 2423) the USEPA issued a direct final

approval of the non-CTG rules, as a revision to the SIP. Adverse

comments were received on the direct final rule and it was withdrawn by

the USEPA on March 25, 1996 (61 FR 12030). A final rule addressing

those comments and taking final action to approve the non-CTG rules was

subsequently published October 21, 1996 (61 FR 54556), and became

effective on November 20, 1996. Subpart DD of part 218 of 35 IAC was

approved at that time. On March 12, 1997, technical amendments to

subpart DD were approved (62 FR 11327), and became effective on May 12,

1997.

On May 16, 1996, the Board adopted a Final Opinion and Order, AS

94-4, granting the adjusted standard, requiring Chase Products to fill

95% of their cans using TTV and exempting Chase Products from the

requirement to fill the remaining cans using EUTC; thereby allowing

them to fill up to 2 million cans per year (not to exceed 5% of total

cans filled per month) with UTC. The adjusted standard also became

effective on May 16, 1996.

The IEPA formally submitted the adjusted standard for the Chase

Products Company on July 23, 1996, as a site-specific revision to the

Illinois SIP for ozone. In doing so, IEPA intends to cover the Act's

section 182(b)(2) major non-CTG RACT requirement for Chase Products'

Broadview, Illinois facility. USEPA made a finding of completeness on

this SIP submittal in a letter dated August 28, 1996.

II. State Submittal of Adjusted Standard

The following is a summary of adjusted standard AS 94-4

requirements for the Chase Products facility's aerosol filling lines:

A. Through the Valve Filling

The Chase Products Company shall fill at least 95% of their cans on

a monthly basis with TTV.

B. Under the Cup Filling

The Chase Products Company is permitted to fill up to two million

cans per year using UTC, not to exceed 5% of the cans filled on a

monthly basis. All other cans must be filled using TTV, except for

trial runs to verify product quality.

C. Recordkeeping and Reporting

Chase Products Company shall maintain daily records, establishing

the total number of cans filled by TTV and the total filled by UTC.

These records shall be kept on file, and be available for inspection by

the Agency (IEPA or USEPA), for three years.

D. Modifications

If Chase Products Company modifies any of the filling lines at its

Broadview facility after March 15, 1995, the Company shall meet all

requirements of subpart DD.

III. Analysis of Adjusted Standard

The site-specific SIP revision would alter the control requirements

contained within part 218, subpart DD, section 218.686 of the 35 IAC as

they apply to the Chase Product facility's aerosol can filling lines.

Section 218.686 of subpart DD (61 FR 2425) is summarized as follows:

Aerosol filling lines to which Subpart DD applies must comply

with one of the following:

(1) Use of add-on controls which achieve an overall reduction of

81%, or,

(2)(A) Use of TTV or EUTC or another system approved in a

federally enforceable permit which achieves at least 75% reduction

of UTC fill; and, (B) fill on a monthly basis at least 90% of cans

filled on such aerosol can filling lines that are capable of being

filled with TTV fill.

The adjusted standard, approved by the Board May 16, 1996, most

closely resembles the scenario outlined in option (2). The adjusted

standard adheres to the central provision contained is option (2) part

(B) by specifying that at least 95% of cans filled on the aerosol

filling lines must be filled using TTV. In fact, the adjusted standard

requires Chase Products to use TTV filling for 5% more cans than the

current SIP minimum.

The reason Chase Products requested an adjusted standard is that

Chase Products has determined it to be technically infeasible to fill

certain aerosol cans using anything but UTC. Therefore, the Chase

Products facility can not comply with (2)(A) as specified above for the

remaining 5% of cans.

However, the same emission reduction is expected to be achieved

under the adjusted standard (95% TTV, 5% UTC) as would be achieved

under the Subpart DD requirements (90% TTV, 10% EUTC). That is to say

that, the requirement to fill 5% more cans with TTV offsets the

relaxation of filling 5% of the total cans with UTC.

IV. Final Rulemaking Action

The USEPA has determined that the VOM control requirements

specified in AS 94-4 for Chase Products Company's Broadview facility's

aerosol can filling lines constitute RACT and are fully enforceable. On

this basis, the site-specific SIP revision request for Chase Products

Company's Broadview facility is approved.

This adjusted standard, AS 94-4, was adopted on May 16, 1996, and

became effective on May 16, 1996, and supersedes the control

requirements codified at 35 IAC, part 218, subpart DD, section 218.686

as they apply to the Chase Products Company's Broadview, Illinois

facility's aerosol can filling lines.

The USEPA is publishing this action without prior proposal because

USEPA views this as a noncontroversial revision and anticipates no

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

Register publication, the USEPA is proposing to approve the SIP

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

be effective on August 8, 1997 unless, by July 9, 1997, adverse or

critical comments are received.

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

before the effective date by publishing a subsequent rulemaking that

will withdraw the final action. All public comments received will 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 on August 8, 1997.

Nothing in this action should be construed as permitting, allowing

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

SIP. Each request for revision to the SIP shall be considered

separately in light of specific technical, economic, and environmental

factors and in relation to relevant statutory and regulatory

requirements.

V. Administrative Requirements

A. Executive Order 12866

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 (OMB) has

exempted this regulatory action from Executive Order 12866 review.

B. Regulatory Flexibility

Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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.

Secs. 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 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, the Administrator

certifies 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 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. EPA., 427 U.S.

246, 256-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995,

signed into law on March 22, 1995, USEPA must undertake various actions

in association with any proposed or final rule that includes a Federal

mandate that may result in estimated costs to state, local, or tribal

governments in the aggregate; or to the private sector, of $100 million

or more. This Federal action approves pre-existing requirements under

state or local law, and imposes no new requirements. Accordingly, no

additional costs to state, local, or tribal governments, or the private

sector, result from this action.

D. Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by August 8, 1997. 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, Incorporation by

reference, Intergovernmental relations, Ozone, Reporting and

recordkeeping requirements, Volatile organic compounds.

Dated: May 22, 1997.

Elissa Speizman,

Acting 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)(133) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(133) On July 23, 1996, the Illinois Environmental Protection

Agency submitted a site-specific State Implementation Plan revision

request for the Chase Products Company's Broadview (Cook County),

Illinois facility located at 19th Street and Gardner Road, as part of

the Ozone Control Plan for the Chicago area. The resulting revision

revises the control requirements codified at 35 Illinois Administrative

Code Part 218 Subpart DD Section 218.686 as they apply to the Chase

Products Company's Broadview facility.

(i) Incorporation by reference. May 16, 1996, Opinion and Order of

the Illinois Pollution Control Board AS 94-4, effective May 16, 1996.

[FR Doc. 97-14583 Filed 6-6-97; 8:45 am]

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