[Federal Register Volume 64, Number 176 (Monday, September 13, 1999)]
[Rules and Regulations]
[Pages 49400-49403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23581]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL193-1a; FRL-6435-6]


Approval and Promulgation of Implementation Plan; Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On July 9, 1999, the State of Illinois submitted a site-
specific State Implementation Plan (SIP) revision revising Volatile 
Organic Compound (VOC) Reasonably Available Control Technology (RACT) 
requirements for Sun Chemical Corporation (Sun) in Northlake, Illinois. 
The SIP revision exempts 17 resin storage tanks from bottom or 
submerged pipe fill requirements, subject to certain conditions. This 
rulemaking action approves, using the direct final process, the 
Illinois SIP revision request.

DATES: This rule is effective on November 12, 1999, unless EPA receives 
adverse written comments by October 13, 1999. If adverse comment is 
received, EPA will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: 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. Copies of the revision request for this rulemaking 
action 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

[[Page 49401]]

J. Palermo at (312) 886-6082 before visiting the Region 5 Office).

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

SUPPLEMENTARY INFORMATION:
    Throughout this document wherever ``we,'' ``us,'' or ``our'' are 
used we mean EPA.

Table of Contents

I. What is EPA approving in this rule?
II. Who is affected by this SIP revision?
III. What were Sun's previous SIP requirements?
IV. Why is Sun unable to meet the previous SIP requirements?
V. What are the changes to Sun's SIP requirements?
VI. What is the procedural history of this SIP revision?
VII. What is the justification for approving this SIP revision?
VIII. Final rulemaking action.
IX. Administrative Requirements.
    A. Executive Order 12866
    B. Executive Order 12875
    C. Executive Order 13045
    D. Executive Order 13084
    E. Regulatory Flexibility Act
    F. Unfunded Mandates
    G. Submission to Congress and the Comptroller General
    H. National Technology Transfer and Advancement Act
    I. Petitions for Judicial Review

I. What Is EPA Approving in This Rule?

    We are approving, through the direct final process, a July 9, 1999, 
SIP revision request for the Sun facility in Northlake, Illinois. Sun 
is subject to VOC RACT requirements under section 182(b)(2) of the 
Clean Air Act (Act).1 The SIP revision changes RACT as it 
applies to Sun by exempting 17 resin storage tanks from bottom or 
submerged pipe fill requirements, subject to certain conditions.
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    \1\ It should be noted that under Illinois' regulations, the 
State uses the term ``Volatile Organic Material (VOM)'' rather than 
VOC, in referring to volatile organic emissions. The State's 
definition of VOM is equivalent to EPA's definition of VOC, and are 
interchan geable when discussing volatile organic emissions. For 
consistency with the Act and with EPA policy, we are using the term 
VOC in this rulemaking.
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II. Who Is Affected by This SIP Revision?

    This SIP revision only affects VOC control requirements at Sun's 
facility located in Northlake, Illinois. Sun's manufacturing operations 
consist primarily of batch processes involving the mixing or blending 
of resin, solvents, pigments, and varnishes to make finished inks and 
bases.

III. What Were Sun's Previous SIP Requirements?

    Section 182(b)(2) of the Act requires States to adopt RACT rules 
covering ``major sources'' of VOC for all areas classified moderate 
nonattainment for ozone and above.2 The Chicago ozone 
nonattainment area (Cook, DuPage, Kane, Lake, McHenry, and Will 
Counties and Aux Sable and Goose Lake Townships in Grundy County and 
Oswego Township in Kendall County) is classified as ``severe'' 
nonattainment for ozone, and is subject to the Act's RACT requirement. 
Under section 182(d) of the Act, sources located in severe ozone 
nonattainment areas are considered ``major sources'' if they have the 
potential to emit 25 tons per year or more of VOC. Sun's Northlake 
facility has the potential to emit more than 25 tons of VOC per year, 
and, consequently, is subject to RACT requirements.
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    \2\ A definition of RACT is cited in a General Preamble-
Supplement published at 44 FR 53761 (September 17, 1979). RACT is 
defined as the lowest emission limitation that a particular source 
is capable of meeting by the application of control technology that 
is reasonably available, considering technological and economic 
feasibility.
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    On September 9, 1994, we approved, as a revision to the Illinois 
SIP, several rules under 35 Ill. Adm. Code Parts 211 and 218 pertaining 
to VOC RACT for the Chicago severe ozone nonattainment area (59 FR 
46562). The Illinois rules replaced the Chicago area Federal 
Implementation Plan (FIP), and the rules are generally patterned after 
the FIP's RACT requirements.
    Included in part 218 is ``Subpart AA: Paint and Ink 
Manufacturing.'' Sun operates resin storage tanks which, with the 
adoption of subpart AA, became subject to the rule. Particularly, 
section 218.626(b), which is included under subpart AA, requires paint 
and ink manufacturers to equip their stationary Volatile Organic Liquid 
(VOL) storage containers with a submerged fill pipe or bottom fill 
pipe. Fill pipes are the conduits through which liquids enter the 
tanks. Containers with a capacity less than or equal to 946 liters (250 
gallons) are exempt from the requirements. The intention behind the 
fill pipe requirement is to reduce VOC emissions from tanks by 
preventing splashing of volatile liquids as tanks are being filled.

IV. Why Is Sun Unable To Meet The Previous SIP Requirements?

    Sun has 17 resin storage tanks which have been subject to subpart 
AA submerged or bottom fill pipe requirements, but still have overhead 
fill pipe systems. The tanks were installed in 1962, before emission 
control equipment on such tanks was contemplated. The tanks involved 
are in close proximity to each other, with some only a few feet apart, 
which Sun contends makes installing control equipment difficult and 
costly. Additionally, the substances stored in the tanks are thick and 
can not be pumped at normal temperatures. Because of this, Sun would 
have to install bottom fill rather than submerged fill pipes, since the 
raw materials would clog a submerged fill pipe and require frequent 
cleaning. Sun maintains that installing bottom fill pipes on these 
tanks would be more difficult and expensive than submerged pipe 
installation because they require fully cleaning out the tanks and 
cutting into the tanks.
    The Illinois Environmental Protection Agency (IEPA) estimates that 
only 0.0203 tons per year of VOC is emitted from the 17 tanks at issue. 
The low VOC emissions is due to the fact that liquids stored in the 
tanks have a vapor pressure significantly less than 0.5 Pounds Per 
Square Inch Absolute (psia), and most of the materials stored in the 
tanks have vapor pressures less than 0.005 psia. Materials with a psia 
this low have low volatility, and hence are not subject to rapid 
vaporization and easy escape of vapors to the surrounding air.
    The IEPA cost figures for installing bottom fill pipes on the 17 
tanks is approximately $285,960 to $298,510. The IEPA estimates the 
cost per ton of VOC emissions reduced by complying with section 
218.626(b) is $1,452,338.31 per ton of VOC reduced.

V. What Are the Changes to Sun's SIP Requirements?

    On May 20, 1999, the Illinois Pollution Control Board (IPCB) 
adopted Adjusted Standard 99-4, which provides that section 218.626(b) 
shall not apply to the 17 storage tanks at Sun's Northlake, Illinois 
facility. These tanks are identified as tanks no. 26, 27, 35, 36, 37, 
42, 43, 44, 47, 48, 49, 53, 54, 55, 59, 60, and 67 in Sun's petition 
for adjusted standard, and in the IEPA's January 29, 1999, response.
    The adjusted standard will remain in effect so long as (a) no odor 
nuisance exists at the Sun's Northlake facility, and (b) the vapor 
pressures of materials stored in the 17 identified tanks remain less 
than 0.5 psia at 70 degrees Fahrenheit. Under the adjusted standard, 
Sun must keep all records necessary to establish that the vapor 
pressures of the materials stored in the 17 identified tanks are less 
than 0.5 psia at 70 degrees Fahrenheit. Each record

[[Page 49402]]

shall be retained at the facility for a period of no less than 3 years.
    This adjusted standard exempts Sun only from the requirements of 
section 218.626(b) for the 17 storage tanks listed in the adjusted 
standard, and not from any other requirements under part 218. Sun must 
continue to comply with all other applicable regulations of part 218, 
and any existing or new storage tanks not explicitly listed in the 
adjusted standard order are not exempted by the adjusted standard from 
section 218.626(b). Sun is subject to the test methods of part 218, 
including section 218.109 ``Vapor Pressure of Volatile Organic 
Liquids,'' which will ensure that the vapor pressure of VOL loaded into 
the 17 tanks are less than 0.5 psia at 70 degrees Fahrenheit. Section 
218.109 was incorporated into the SIP on September 9, 1994 (59 FR 
46562).

VI. What Is the Procedural History of This SIP Revision?

    On October 22, 1998, Sun filed a petition for an adjusted standard 
with the IPCB. The IPCB held a public hearing on the adjusted standard 
on April 15, 1999, in Chicago, Illinois. On May 20, 1999, the IPCB 
adopted a Final Opinion and Order granting the adjusted standard. On 
July 9, 1999, IEPA submitted the adjusted standard as a SIP revision 
request to EPA. On July 28, 1999, we sent a letter to IEPA which deemed 
the SIP revision submittal administratively complete.

VII. What Is the Justification for Approving This SIP Revision?

    IEPA indicates that Sun based its adjusted standard petition on 
section 218.122 of the Chicago area RACT rules. This section contains 
the State's general VOL storage tank loading requirements. This rule 
requires that stationary tanks with a storage capacity of greater than 
946 liters (250 gallons) must be equipped with a permanent submerged 
load pipe or equivalent control device, unless no odor nuisance exists 
and the vapor pressure of the VOL loaded is less than or equal to 17.24 
kilopascals (2.5 psia) at 294.3 degrees Kelvin (70 degrees Fahrenheit). 
Because of the high cost in installing bottom fill tanks on the 17 
tanks, and the negligible emission benefit installing such pipes would 
achieve, IEPA believes that RACT for the storage tanks should be the 
level of control represented under the adjusted standard.
    We agree that bottom fill or submerged fill pipe controls for the 
17 tanks at the Sun facility are not technically and economically 
feasible. Further, we have issued no Control Techniques Guideline (CTG) 
justifying bottom fill or submerged fill pipe controls for Sun's 
tanks.3 We are not aware of any paint or ink manufacturing 
facilities with storage tanks having similar design and holding similar 
materials as the tanks operated by Sun, which have replaced overhead 
fill pipes with bottom or submerged fill pipes in a manner that is less 
costly than what IEPA expects such replacement to cost Sun. Given that 
the vapor pressure limitation will prevent emissions to significantly 
increase from the current low emission levels, we find that the 
adjusted standard constitutes RACT for Sun's 17 tanks.
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    \3\ CTGs are documents published by EPA which contain 
information on available air pollution control techniques and 
provide recommendations on what the EPA considers the ``presumptive 
norm'' for RACT.
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VIII. Final Rulemaking Action

    In this rulemaking action, we are approving the July 9, 1999, 
Illinois SIP revision submittal of an adjusted standard for Sun's 
Northlake facility, which was granted by the IPCB on May 20, 1999. We 
are publishing this action without prior proposal because we view this 
as a noncontroversial revision and anticipate no adverse comments. 
However, in a separate document in this Federal Register publication, 
we are proposing to approve the SIP revision should adverse written 
comments be filed. This action will be effective without further notice 
unless we receive relevant adverse written comment by October 13, 1999. 
Should we receive such comments, we will publish a final rule informing 
the public that this action will not take effect. 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 November 12, 1999.

IX. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation.
    In addition, E.O. 12875 requires EPA to develop an effective 
process permitting elected officials and other representatives of 
state, local, and tribal governments ``to provide meaningful and timely 
input in the development of regulatory proposals containing significant 
unfunded mandates.'' Today's rule does not create a mandate on state, 
local or tribal governments. The rule does not impose any enforceable 
duties on these entities. Accordingly, the requirements of section 1(a) 
of E.O. 12875 do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the

[[Page 49403]]

regulation. In addition, E.O. 13084 requires EPA to develop an 
effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.'' Today's rule does not 
significantly or uniquely affect the communities of Indian tribal 
governments. Accordingly, the requirements of section 3(b) of E.O. 
13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    This final rule will not have a significant impact on a substantial 
number of small entities because 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 create 
any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under 
the Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under section 205, EPA 
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 EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. 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 to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA 
is not required to submit a rule report regarding this rulemaking 
action under section 801 because this is a rule of particular 
applicability.

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. Petitions for Judicial Review

    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 12, 1999. 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, Ozone, Reporting and recordkeeping, 
Volatile organic compounds.

    Dated: August 30, 1999.
Robert Springer,
Acting Regional Administrator, Region 5.
    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 et seq.

Subpart O--Illinois

    2. Section 52.720 is amended by adding paragraph (c)(153) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (153) On July 9, 1999, the State of Illinois submitted a site-
specific State Implementation Plan (SIP) revision affecting Volatile 
Organic Material control requirements at Sun Chemical Corporation (Sun) 
in Northlake, Illinois. The SIP revision changes requirements for 17 
resin storage tanks operated by Sun. Specifically, the SIP revision 
exempts the 17 tanks from the bottom or submerged fill pipe 
requirements, provided that no odor nuisance exists at the Sun 
Northlake facility, and that the vapor pressures of materials stored in 
the tanks remain less the 0.5 pounds per square inch absolute at 70 
degrees Fahrenheit.
    (i) Incorporation by reference.
    May 20, 1999, Opinion and Order of the Illinois Pollution Control 
Board, AS 99-4, effective May 20, 1999.

[FR Doc. 99-23581 Filed 9-10-99; 8:45 am]
BILLING CODE 6560-50-P