[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)]
[Rules and Regulations]
[Pages 49770-49772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23965]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IL103-1-6696a; FRL-5283-8]


Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: On November 30, 1994, the State of Illinois submitted a State 
Implementation Plan (SIP) revision request to the United States 
Environmental Protection Agency (USEPA) for Synthetic Organic Chemical 
Manufacturing Industry (SOCMI) air oxidation processes as part of the 
State's 15 percent (%) Reasonable Further Progress (RFP) Plan control 
measures for Volatile Organic Matter (VOM) emissions. USEPA made a 
finding of completeness in a letter dated January 27, 1995. A final 
approval action is being taken because the submittal meets all 
pertinent Federal requirements. The SIP revision tightens the source 
applicability standard for air oxidation processes beyond the existing 
standard contained in subpart V of 35 Illinois Administrative Code 
Parts 218 and 219, thereby extending the applicability of Reasonably 
Available Control Technology (RACT) to additional sources. The revision 
also adds requirements to sources already covered under the existing 
SOCMI air oxidation process regulations, as well as new sources of this 
source category. The USEPA is publishing this action without prior 
proposal because USEPA views this action as a noncontroversial revision 
and anticipates no adverse comments. However, USEPA is publishing a 
separate document in this Federal Register publication, which 
constitutes a ``proposed approval'' of the requested SIP revision and 
clarifies that the rulemaking will not be deemed final if timely 
adverse or critical comments are filed. If USEPA receives comments 
adverse to or critical of the approval, USEPA will withdraw this 
approval before its effective date by publishing a subsequent Federal 
Register document which withdraws this final action. All public 
comments received will then be addressed in a subsequent rulemaking 
document. Please be aware that USEPA will institute another comment 
period on this action only if warranted by significant revisions to the 
rulemaking based on any comments received in response to today's 
action. Any parties interested in commenting on this action should do 
so at this time.

DATES: The ``direct final'' approval shall be effective on November 27, 
1995, unless USEPA receives adverse or critical comments by October 27, 
1995. If no such comments are received, USEPA hereby advises the public 
that this action will be effective on November 27, 1995.

ADDRESSES: Copies of the revision request and USEPA's analysis 
(Technical Support Document) 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 Mark J. Palermo at (312) 
886-6082 before visiting the Region 5 Office.)
    Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Regulation Development Branch (AR-18J), 
U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo at (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 182(b)(1) of the Clean Air Act requires all moderate and 
above ozone nonattainment areas to achieve a 15 percent reduction of 
1990 emissions of VOM by 1996 (VOM, as defined by the State of 
Illinois, is identical to ``volatile organic compounds,'' as defined by 
the USEPA). In Illinois, the Chicago area is classified as ``severe'' 
nonattainment for ozone, while the Metro-East area is classified as 
``moderate'' nonattainment. As such, these areas are subject to the 15 
percent RFP requirement.
    On June 14, 1994, the Illinois Environmental Protection Agency 
(IEPA) filed the proposed amendments to the SOCMI air oxidation 
processes rule with the Illinois Pollution Control Board (Board). A 
public hearing on the rule was held on August 4, 1994, in Chicago, 
Illinois, and on October 20, 1994, the Board adopted a Final Opinion 
and Order for the proposed amendments. The amended rule became 
effective on November 15, 1994, and it was published in the Illinois 
State register on November 28, 1994.
    The IEPA formally submitted the amended air oxidation rule to USEPA 
on November 30, 1994, as a revision to the Illinois SIP for ozone. In 
doing so, IEPA believes that the air oxidation rule's extended 
applicability and tightened control measures will help reduce VOM 
emissions enough to meet the 15% RFP requirements.

II. Analysis of State Submittal

    The November 30, 1994, amendments to Illinois' SOCMI air oxidation 
process rule extended to additional sources applicability of the rule's 
Reasonably Available Control Technology (RACT) requirements, which 
include the use of a combustion device to control VOM emissions with an 
efficiency of at least 98% or emit VOM at a concentration less than 
twenty parts per million by volume, dry basis. To determine whether the 
requirements apply to a particular source, USEPA's Control Technique 
Guideline (CTG) for SOCMI air oxidation processes requires the use of a 
Total Resource Effectiveness (TRE) index, which takes into account all 
resources which are expected to be used in VOM emission control. Prior 
to the amendments, the Illinois rule followed the CTG's determination 
of source applicability to RACT by requiring that all SOCMI air 
oxidation processes in the Chicago and Metro-East ozone nonattainment 
areas with a TRE value of 1.0 or less be required to meet RACT for this 
source category. With these amendments, the Illinois rule's RACT 
applicability is extended to SOCMI air oxidation processes in the 
Chicago and Metro-East ozone nonattainment areas with a TRE value of 
6.0 or less.
    Sources with a TRE value greater than 1.0 and less than or equal to 
6.0, which were in operation before October, 25, 1994, must come into 
compliance with the rule's control measures by December 31, 1999. Other 
such sources with a TRE of 6.0 or less which come into operation after 
October 25, 1994, must meet RACT requirements upon start-up of the 
emission unit. Sources with a TRE level of 1.0 or less are already 
required to be in full compliance.
    In addition, the SOCMI air oxidation processes rule has been 
amended to state that the TRE level will be based upon the source's 
individual process vent streams, or the combination thereof, whichever 
is more stringent. Also included in the amended rule is the requirement 
that air oxidation process vent streams currently controlled by 
combustion devices must continue to be controlled by such devices in 
compliance with the Illinois rule requirements. Further, once 
applicability has been triggered, operational changes to a source which 
causes the TRE index value to increase 

[[Page 49771]]
beyond the 6.0 value do not preclude RACT requirements for that source.
    Finally, the current adopted federally-approved Illinois air 
oxidation RACT rule allowed that pre-existing combustion devices were 
not required to meet the 98% control efficiency requirement until 
replacement, as recommended by the SOCMI air oxidation CTG. The amended 
rule eliminates that exemption by requiring that all pre-existing 
combustion devices meet the 98% control requirement by December 31, 
1999. Moreover, an additional requirement is added for sources which 
operate pre-existing combustion devices for phthalic anhydride air 
oxidation processes, which provides that such devices must meet a 90% 
control efficiency or emit a VOM concentration of less than 50 parts 
per million by volume, dry basis.

III. Final Rulemaking Action

    The USEPA has undertaken its analysis of the SIP revision request 
based on a review of the materials presented by IEPA, the SOCMI air 
oxidation CTG, and USEPA's model VOC rules, and has determined that 
this SIP revision request is approvable.
    This amended rule, applicable to the Chicago and Metro-East St. 
Louis ozone nonattainment areas, amends 35 Ill. Adm. Code sections 218/
219.520 (renumbered from 218/219.525) and 218/219.Appendix C, and adds 
Sections 218/219.522, 218/219.523, and 218/219.524.
    The USEPA is publishing this action without prior proposal because 
USEPA views this action as a noncontroversial revision and anticipates 
no adverse comments. However, USEPA is publishing a separate document 
in this Federal Register publication, which constitutes a ``proposed 
approval'' of the requested SIP revision and clarifies that the 
rulemaking will not be deemed final if timely adverse or critical 
comments are filed. The ``direct final'' approval shall be effective on 
November 27, 1995 unless USEPA receives adverse or critical comments by 
October 27, 1995. If USEPA receives comments adverse to or critical of 
the approval discussed above, USEPA will withdraw this approval before 
its effective date by publishing a subsequent Federal Register document 
which withdraws this final action. All public comments received will 
then be addressed in a subsequent rulemaking document. Please be aware 
that USEPA will institute another comment period on this action only if 
warranted by significant revisions to the rulemaking based on any 
comments received in response to today's action. Any parties interested 
in commenting on this action should do so at this time. If no such 
comments are received, USEPA hereby advises the public that this action 
will be effective on November 27, 1995.
    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 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.
    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).
    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 November 27, 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, Incorporation by 
reference.

    Dated: August 9, 1995.
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: 

[[Page 49772]]


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)(114) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (114) On November 30, 1994, the State submitted an amended 
Synthetic Organic Chemical Manufacturing Industry Air Oxidation Process 
rule which consisted of extended applicability and tightened control 
measures to the Ozone Control Plan for the Chicago and Metro-East St. 
Louis areas.
    (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 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart V; Air Oxidation Processes, Sections 
218.520 Emission Limitations for Air Oxidation Processes, 218.522 
Savings Clause, 218.523 Compliance, 218.524 Determination of 
Applicability, and 218.525 Emission Limitations for Air Oxidation 
Processes (Renumbered) at 18 Ill. Reg. 16972, effective November 15, 
1994.
    (B) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart V; Air Oxidation Processes, Sections 
219.520 Emission Limitations for Air Oxidation Processes, 219.522 
Savings Clause, 219.523 Compliance, 219.524 Determination of 
Applicability, and 219.525 Emission Limitations for Air Oxidation 
Processes (Renumbered) at 18 Ill. Reg. 17001, effective November 15, 
1994.

[FR Doc. 95-23965 Filed 9-26-95; 8:45 am]
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