[Federal Register Volume 62, Number 110 (Monday, June 9, 1997)]
[Rules and Regulations]
[Pages 31341-31343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14583]
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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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