[Federal Register Volume 61, Number 154 (Thursday, August 8, 1996)]
[Rules and Regulations]
[Pages 41338-41342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20251]


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ENVIRONMENT PROTECTION AGENCY
40 CFR Part 52

[IL122-1a; FRL-5530-5]


Approval and Promulgation of Implementation Plans; Illinois

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: On November 30, 1994, the Illinois Environmental Protection 
Agency (IEPA) submitted an adopted rule and supporting information for 
the control of volatile organic liquid (VOL) storage operations for the 
Chicago and East St. Louis ozone nonattainment areas 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

[[Page 41339]]

passages. This regulation requires a reasonably available control 
technology (RACT) level of control for VOL storage operations, 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 by 
September 9, 1996, 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withdrawn, no further rulemaking will occur on this requested SIP 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 October 7, 1996 unless adverse 
comments are received by September 9, 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.
    On November 30, 1994, IEPA submitted adopted VOC rules and 
supporting information for the control of VOL storage operations 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). USEPA has not issued a CTG for this source category. 
However, USEPA did prepare a January 1994 ``Alternative Control 
Techniques Document (ACT): Volatile Organic Liquid Storage in Floating 
and Fixed Roof Tanks.'' The purpose of an ACT document is to provide 
information on alternative control techniques for the specified source 
category. As such, this ACT document is the chief basis for RACT for 
the control of VOL storage operations.

Evaluation of Rules

Subpart B: Definitions

    Illinois has added the following two definitions to Subpart B: 
``Fill,'' and ``Maximum True Vapor Pressure.'' These definitions 
accurately describe the specified terms and are necessary for 
implementation of the VOL storage rules. These definitions are, 
therefore, approvable.

Subpart B: Organic Emissions From Storage and Loading Operations

    Subpart B of Part 218 (for the Chicago area) and Part 219 (for the 
East St. Louis area) has been amended with rules covering VOL storage 
operations. For the reasons discussed below, USEPA has reviewed these 
rules and determined that they are consistent with the ACT, and, 
therefore, approvable.
    Section 218/219.119 Applicability for VOL--This section establishes 
which VOL storage operations are subject to the control requirements in 
Section 218/219.120. VOL storage operations with a maximum true vapor 
pressure of 0.5 pounds per square inch absolute (psia) or greater in 
any storage tank of 40,000 gallons capacity or greater are subject to 
these control requirements. These control requirements (in 218/219.120) 
do not apply to vessels storing petroleum liquids, which are regulated 
in other sections.
    In a July 28, 1995, letter from Bharat Mathur, Chief, Bureau of Air 
for IEPA, to Stephen Rothblatt, Chief, Air Programs 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.'' Section 218/219.120 
Control Requirements for Storage Containers--(a) Every owner or

[[Page 41340]]

operator storing VOL in a vessel of 40,000 gallons or greater with a 
maximum true pressure equal to 0.75 psia, or greater, but less than 
11.1 psia, is required to reduce its storage tank emissions in 
accordance with one of the following.
    218/219.120(a)(1) Each fixed roof tank must be equipped with an 
internal floating roof, or be equipped with a vapor control system that 
meets the specifications in subsection (a)(4), that rests or floats on 
the liquid surface. Each internal floating roof must be equipped with a 
foam or liquid-filled seal mounted in contact with the liquid (liquid-
mounted seal); two seals mounted one above the other so that each forms 
a continuous closure that completely covers the space between the wall 
of the storage vessel and the edge of the internal floating roof; or a 
mechanical shoe seal. Compliance with the control requirements in 218/
219.120(a)(1) (for fixed roof tanks lacking floating roofs as of the 
date of rule adoption-October 20, 1994) is required by March 15, 1996. 
Compliance with the control requirements in 218/219.120(a)(2) for 
internal floating roof tanks is required by the next scheduled tank 
cleaning or before March 15, 2004, whichever comes first.
    Section 218/219.120(a)(3) requires that external floating roof 
tanks be equipped with a closure device between the wall of the storage 
vessel and the roof edge. The closure device is to consist of a primary 
seal and a secondary seal. The primary seal is required to completely 
cover the annular space between the edge of the floating roof and tank 
wall. The secondary seal is required to completely cover the annular 
space between the external floating roof and the wall of the storage 
vessel in a generally continuous fashion. Compliance with the control 
requirements in 218/219.120(a)(3) is required after the next scheduled 
tank cleaning but no later than March 15, 2004.
    218/219.120(a)(4) provides the closed vent system and control 
device specifications. The closed vent system must be designed to 
collect all VOC vapors and gases discharged from the storage vessel and 
operated with no detectable emissions as indicated by an instrument 
reading of less than 500 parts per million above background and visual 
inspections. A control device must be designed and operated to reduce 
inlet VOC emissions by 95 percent or greater.
    Sections 218/219.120(a)(5) allows an alternative emission control 
plan equivalent to the requirements of (a)(1), (a)(2), (a)(3), or 
(a)(4) that has been approved by IEPA and USEPA in a federally 
enforceable permit or as a SIP revision.
    On December 17, 1992, (57 FR 59928) USEPA approved Illinois' 
existing Operating Permit program as satisfying USEPA's June 28, 1989, 
(54 FR 27274) five criteria for establishing Federally Enforceable 
State Operating Permit programs. One of the criteria is that permits 
may not be issued that make less stringent any SIP limitation or 
requirement. USEPA's December 17, 1992, notice states that operating 
permits issued by Illinois in conformance with the five criteria 
(including the prohibition against States issuing operating permit 
limits less stringent than the regulations in the SIP) discussed in 
this document will be considered federally enforceable. This document 
also states Illinois' operating permit program allows USEPA to deem an 
operating permit not ``federally enforceable.''
    On July 21, 1992, USEPA promulgated a new part 70 of chapter 1 of 
title 40 of the Code of Federal Regulations. See 57 FR 32250. This new 
part 70 contains regulations, required by Title V of the Act, that 
require and specify the minimum elements of State operating permit 
programs. Part 70 is therefore an appropriate basis for evaluating the 
acceptability of Illinois' use of federally enforceable State operating 
permits (FESOP) and Title V permits in its VOC rules.
    Section 70.6(a)(1)(iii) states:

    If an applicable implementation plan allows a determination of 
an alternative emission limit at a part 70 source, equivalent to 
that contained in the plan, to be made in the permit issuance, 
renewal, or significant modification process, and the State elects 
to use such process, any permit containing such equivalency 
determination shall contain provisions to ensure that any resulting 
emissions limit has been demonstrated to be quantifiable, 
accountable, enforceable, and based on replicable procedures.

    USEPA has therefore determined that this alternative control 
requirement, in subsections 218/219.120(a)(5), is approvable because it 
requires that any alternative must be equivalent to the underlying SIP 
requirements (consistent with part 70) and USEPA can deem a permit 
containing an alternative control plan to be not ``federally 
enforceable'' if it determines that a permit is not quantifiable or 
practically enforceable or a permit relaxes the SIP. The underlying 
SIP, to which any equivalent alternative control plan must be compared, 
has federally enforceable control requirements, test methods, and 
recordkeeping and reporting requirements. In addition, IEPA's September 
13, 1995, letter contains the specific procedures for USEPA review and 
approval.
    Section 218/219.120(b) requires 40,000 gallon or greater storage 
vessels which contain VOL that has a maximum true vapor pressure 
greater than or equal to 11.1 psia to be equipped with a closed vent 
system and control device as specified in (a)(4).
    Section 218/219.125 Compliance Dates--Fixed roof tanks and closed 
vent system and control device equipped tanks are required to comply 
with control device requirements by March 15, 1996. Internal and 
external floating roof tanks are required to comply with the control 
requirements during the next scheduled tank cleaning or by March 15, 
2004, whichever comes first.
    Section 218/219.127 Testing VOL Operations--Subsection (a) requires 
visual inspections for the internal floating roof, the primary seal and 
the secondary seal. Subsection (b) requires that for external floating 
roof tanks the gap areas and maximum gap widths between the primary 
seal and the wall of the storage vessel and between the secondary seal 
and the wall of the storage vessel be determined. Testing requirements 
for closed vent systems and control devices are contained in 40 CFR 
60.485(c) and the general test methods in 218/219.105(d) and (f), 
respectively.
    218/219.128 Monitoring VOL Operations--This section deals primarily 
with determining the maximum true vapor pressure of the VOL.
    Section 218/219.129 Recordkeeping and Reporting for VOL 
Operations--Subsection 129(a) specifies recordkeeping and reporting 
requirements for fixed roof and internal floating roof tanks. This 
subsection requires records of each inspection that is performed. 
Reporting is required of any defects found and subsequent repairs made. 
Subsection 120(b) specifies recordkeeping and reporting requirements 
for external floating roof tanks. Records of seal gap measurements are 
required as are reports of these measurements. Reports are also 
required which identify any seal gap measurements that exceed gap 
limitations and the subsequent date of repair. Subsection (e) requires 
that records be maintained of the storage vessel dimensions and an 
analysis of the storage vessel capacity. Subsection (f) requires that a 
record of the VOL storage, the period of storage, and the maximum true 
vapor pressure of the VOL during the respective storage period be 
maintained.

[[Page 41341]]

Final Rulemaking Action

    Illinois' rules for VOL storage operations are 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 Part 219 
(for the East St. Louis ozone nonattainment area) and the related 
definitions in Part 211, as submitted on November 30, 1994.
    Because USEPA considers this action noncontroversial and routine, 
we are approving it without prior proposal. The action will become 
effective on October 7, 1996. However, if we receive adverse comments 
by September 9, 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 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 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.
    This final rule only approves the incorporation of existing State 
rules into the SIP and imposes no additional requirements. This rule is 
estimated to result in the expenditure by State, local, and tribal 
governments or the private sector of less than $100 million in any one 
year. USEPA, therefore, has not prepared a budgetary impact statement 
or specifically addressed the selection of the least costly, most cost-
effective, or least burdensome alternative. Furthermore, 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 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the General Accounting 
Office prior to publication of this rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by section 804(2) of the 
APA as amended.
    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 October 7, 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: June 11, 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)(128) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (128) On November 30, 1994, the State submitted volatile organic 
compound control regulations for incorporation in the Illinois State 
Implementation Plan for ozone.

[[Page 41342]]

    (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 211.2300, 211.3695. These sections were adopted 
on October 20, 1994, Amended at 18 Ill. Reg. 16929, and effective 
November 15, 1994.
    (B) Title 35: Environmental Protection, Subtitle B: Air Pollution, 
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 B: 
218.119, 218.120, 218.125, 218.127, 218.128, 218.129. These sections 
were adopted on October 20, 1994, Amended at 18 Ill. Reg. 16950, and 
effective November 15, 1994.
    (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 B: 
219.119, 219.120, 219.125, 219.127, 219.128, 219.129. These sections 
were adopted on October 20, 1994, Amended at 18 Ill. Reg. 16980, and 
effective November 15, 1994.
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[FR Doc. 96-20251 Filed 8-7-96; 8:45 am]

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