[Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
[Rules and Regulations]
[Pages 43386-43388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20646]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IL12-41-6909; FRL-5281-7]


Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: On June 29, 1990, the United States Environmental Protection 
Agency (USEPA) promulgated Federal stationary source volatile organic 
compound (VOC) control measures representing reasonably available 
control technology (RACT) for emission sources located in six 
northeastern Illinois (Chicago area) counties: Cook, DuPage, Kane, 
Lake, McHenry and Will. The USEPA also took final rulemaking action on 
certain VOC RACT rules previously adopted and submitted by the State of 
Illinois for inclusion in its State Implementation Plan (SIP). Included 
in the USEPA's rules was a requirement that the Viskase Corporation's 
(Viskase) cellulose food casing facility in Bedford Park (Cook County) 
be subject to the ``generic'' rule for miscellaneous fabricated product 
manufacturing processes and the ``generic'' rule for miscellaneous 
formulation manufacturing processes. On July 19, 1990, Viskase 
requested that USEPA reconsider its rules as applicable to Viskase's 
operations and, as a result, the USEPA convened a proceeding for 
reconsideration. On May 31, 1991, USEPA also issued a stay of the 
applicable rules pending reconsideration. On November 18, 1994, USEPA 
proposed to promulgate site-specific RACT control requirements for 
Viskase's operations. In addition, USEPA proposed to disapprove an 
``Adjusted RACT standard'' for Viskase submitted by Illinois on 
February 24, 1989. Finally, USEPA proposed to withdraw the May 31, 1991 
stay. In this rule, the USEPA is taking final action consistent with 
its proposal.

EFFECTIVE DATE: This rule is effective on September 20, 1995.

ADDRESSES: The docket for this action (Docket No. A-93-37), which 
contains the public comments, is located for public inspection and 
copying at the following addresses. We recommend that you contact 
Fayette Bright (312/886-6069) before visiting the Chicago location and 
Rachel Romine (202/245-3639) before visiting the Washington, D.C. 
location. A reasonable fee may be charged for copying.

U.S. Environmental Protection Agency, Region 5, Regulation Development 
Branch, 18th Floor, Southwest, 77 West Jackson Blvd., Chicago, Illinois 
60604.
Office of Air and Radiation Docket and Information Center (Air Docket 
6102), U.S. Environmental Protection Agency, Docket No. A-93-37, Room 
M1500, Waterside Mall, 401 M Street, S.W., Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Regulation 
Development Branch, United States Environmental Protection Agency, 
Region 5, (312) 886-6052, at the Chicago address indicated above.

SUPPLEMENTARY INFORMATION: USEPA's November 18, 1994 proposal discusses 
in detail the background related to the present rulemaking. 59 FR 
59734. This includes a discussion of the applicable regulatory history, 
as well as the settlement agreement in Wisconsin v. Reilly, No. 87-C-
0395 (E.D. Wis. 1987), which required USEPA to promulgate an ozone 
implementation plan for northeastern Illinois. The proposal also 
discusses the rationale for USEPA's determination that the Adjusted 
RACT limit for Viskase submitted by Illinois on February 24, 1989 was 
not consistent with the Clean Air Act, due to the exclusion of daily 
emission limits and recordkeeping requirements which would make the 
RACT limits enforceable. As a result, USEPA proposed a site-specific 
RACT requirement generally consistent with the State submission, but 
containing the necessary daily emission limits and appropriate 
recordkeeping requirements. On December 19, 1994, Viskase submitted 
comments that supported the proposed RACT rule and urged its adoption 
in final rulemaking.
    As a result, USEPA has concluded that RACT for Viskase consists of 
the following:
    (1) Volatile Organic Material (VOM) emissions shall never exceed 
3.30 tons per day.
    (2) VOM emissions shall not exceed 2.22 tons per day, on a monthly 
average, during June, July, and August.
    (3) VOM emissions shall not exceed 2.44 tons per day during June, 
July, and August.
    (4) Compliance with the emission limits in items 1-3 above, and the 
records in item 5 below, shall be determined using an emission factor 
of ``0.72 pounds of VOM emissions per pound of carbon disulfide 
consumed.''
    (5) Viskase must keep the following daily records:
    (a) The pounds of carbon disulfide per charge for its fibrous 
process. If charges with different levels of carbon disulfide per 
charge are used the same day, a separate record must be kept for each 
level of carbon disulfide per charge.
    (b) The pounds of carbon disulfide per charge for its NOJAX 
process. If charges with different levels of carbon disulfide per 
charge are used the same day, a separate record must be kept for each 
level of carbon disulfide per charge.
    (c) The number of charges per day, for each level of carbon 
disulfide per charge, used in Viskase's Fibrous process.
    (d) The number of charges per day, for each level of carbon 
disulfide per charge, used in Viskase's NOJAX process.
    (e) The total quantity of carbon disulfide used per day in 
Viskase's Fibrous process, the total quantity of carbon disulfide used 
per day in Viskase's NOJAX process, and the daily VOM emissions 
resulting from use of the carbon disulfide.
    (f) The monthly use of carbon disulfide, and the monthly VOM 
emissions resulting from use of the carbon disulfide, during June, 
July, and August.
    (6) Any violation of the emission limits in items 1, 2, or 3 above 
must be reported to USEPA within 30 days of its occurrence.
    (7) In order to determine daily and monthly VOM emissions, the test 
methods in section 52.741(a)(4) may be used in addition to, and take 
precedence over, the emission factor cited in item 4 above. Method 15 
is to be used instead of Methods 18, 25, and 25A when the test methods 
in section 52.741(a)(4) are 

[[Page 43387]]
used to determine VOM emissions from Viskase's cellulose food casing 
facility.
    Compliance with these requirements is required three months from 
the date this action becomes final. This will allow time for Viskase to 
develop its recordkeeping procedures.

Summary and Conclusions

    This rule takes final action to disapprove the requested SIP 
revision submitted by Illinois Environmental Protection Agency because 
of the reasons provided in the November 18, 1994 proposal. USEPA is 
also promulgating RACT VOC emission limits generally consistent with 
what was adopted by the Illinois Pollution Control Board. However, 
USEPA has added daily emission limits and recordkeeping requirements 
which will make the RACT limits enforceable. In addition, USEPA is 
withdrawing the May 31, 1991, stay.
    USEPA is taking this action pursuant to its authority under section 
110(k)(6) of the Act to correct through rulemaking any plan or plan 
revision.1 USEPA is interpreting this provision to authorize the 
Agency to make corrections to a promulgated regulation when it is shown 
to USEPA's satisfaction that the information made available to the 
Agency at the time of promulgation is subsequently demonstrated to have 
been clearly inadequate, and other information persuasively supports a 
change in the regulation. See 57 FR 6762 at 6763 (November 30, 1992). 
In this case, the information made available to USEPA during the 
rulemaking for Viskase was inadequate for the development of a site-
specific RACT determination.2

    \1\ Since USEPA is taking this action pursuant to section 
110(k)(6), USEPA believes that section 193 of the Act (the savings 
clause) is inapplicable. By its terms, section 110(k)(6) does not 
require any additional submission or evidence. Section 193 requires 
an assurance of equivalency for any revision and, in order to 
provide for equivalency, the State would need to provide for 
compensating reductions. USEPA believes that this conflict should be 
resolved concluding that section 110(k)(6) is not constrained by the 
savings clause requirement of equivalent reductions. USEPA believes 
that the State and the sources within the State should not have to 
bear the burden of additional reductions where USEPA lacked 
important site-specific information at the time of an initial 
promulgation. This is particularly true in the case of FIPs, where 
USEPA takes the lead in developing the regulations and is not merely 
acting on State-submitted regulations.
    \2\ As discussed in the Notice of Proposed Rulemaking, USEPA was 
required to promulgate the June 29, 1990, regulations under the 
tight timeframe ordered by the Court in Wisconsin v. Reilly.
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    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the 
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, the 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.
    This action involves only one source, Viskase Corporation. Viskase 
is not a small entity. Therefore, the USEPA certifies that this RACT 
promulgation does not have a significant impact on a substantial number 
of small entities.
    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 October 20, 1995. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purpose of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectivenes of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements (see section 307(b)(2)).
    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the 
USEPA must prepare a budgetary impact statement to accompany 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. Under 
Section 205, the USEPA must select the most cost-effective and least 
burdensome alternative that achieves the objectives of the rule and is 
consistent with statutory requirements. Section 203 requires the USEPA 
to establish a plan for informing and advising any small governments 
that may be significantly or uniquely impacted by the rule.
    The USEPA has determined that the approval action promulgated today 
does not include a Federal mandate that may result in estimated costs 
of $100 million or more to either State, local, or tribal governments 
in the aggregate, or to the private sector.
    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866 review.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone.

    Dated: August 7, 1995.
Carol M. Browner,
Administrator.

    For reasons set forth 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 52.741 is amended by adding paragraph (u)(8) and 
removing and reserving paragraph (z)(1) to read as follows:


Sec. 52.741  Control strategy: Ozone control measures for Cook, DuPage, 
Kane, Lake, McHenry, and Will Counties.

* * * * *
    (u) * * *
    (8) The control, recordkeeping and reporting requirements in this 
paragraph apply to the cellulose food casing manufacturing operations 
at the Viskase Corporation plant in Bedford Park, Illinois (Cook 
County) instead of the requirements in paragraph (v) of this section, 
the other parts of paragraph (u) of this section, and the recordkeeping 
requirements in paragraph (y) of this section. Unless otherwise stated, 
the following requirements must be met by Viskase on and after November 
21, 1995.
    (i) VOM emissions shall never exceed 3.30 tons per day.
    (ii) VOM emissions shall not exceed 2.22 tons per day, on a monthly 
average, during June, July, and August.
    (iii) VOM emissions shall not exceed 2.44 tons per day during June, 
July, and August.
    (iv) Compliance with the emission limits in paragraphs (u)(8) (i) 
through (iii) of this section, and the records in paragraph (u)(8)(v) 
of this section, shall be determined using an emission factor of ``0.72 
pounds of VOM emissions per pound of carbon disulfide consumed.''
    (v) Viskase must keep the following daily records:
    (A) The pounds of carbon disulfide per charge for its Fibrous 
process. If charges with different levels of carbon disulfide per 
charge are used the same day, a separate record must be kept for each 
level of carbon disulfide per charge.
    (B) The pounds of carbon disulfide per charge for its NOJAX 
process. If charges with different levels of carbon disulfide per 
charge are used the same day, a separate record must be kept for 

[[Page 43388]]
each level of carbon disulfide per charge.
    (C) The number of charges per day, for each level of carbon 
disulfide per charge, used in Viskase's Fibrous process.
    (D) The number of charges per day, for each level of carbon 
disulfide per charge, used in Viskase's NOJAX process.
    (E) The total quantity of carbon disulfide used per day in 
Viskase's Fibrous process, the total quantity of carbon disulfide used 
per day in Viskase's NOJAX process, and the daily VOM emissions 
resulting from use of the carbon disulfide.
    (F) The monthly use of carbon disulfide, and the monthly VOM 
emissions resulting from use of the carbon disulfide, during June, 
July, and August.
    (vi) Any violation of the emission limits in paragraphs (u)(8) (i) 
through (iii) of this section must be reported to USEPA within 30 days 
of its occurrence.
    (vii) In order to determine daily and monthly VOM emissions, the 
test methods in paragraph (a)(4) of this section may be used in 
addition to, and take precedence over, the emission factor cited in 
paragraph (u)(8)(iv) of this section. Method 15 is to be used instead 
of Methods 18, 25, and 25A when the test methods in paragraph (a)(4) of 
this section are used to determine VOM emissions from Viskase's 
cellulose food casing facility.
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[FR Doc. 95-20646 Filed 8-18-95; 8:45 am]
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