[Federal Register Volume 60, Number 18 (Friday, January 27, 1995)]
[Rules and Regulations]
[Pages 5318-5320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2015]



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direct final rule is withdrawn no further rulemaking will occur on this 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