[Federal Register Volume 63, Number 55 (Monday, March 23, 1998)]
[Rules and Regulations]
[Pages 13784-13787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7128]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL167-1a; FRL-5978-8]


Approval and Promulgation of Implementation Plan; Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On May 5, 1995, and May 26, 1995, the State of Illinois 
submitted a State Implementation Plan (SIP) revision request to the EPA 
regarding rules for controlling Volatile Organic Material (VOM) 
emissions from Synthetic Organic Chemical Manufacturing Industry 
(SOCMI) reactor processes and distillation operations in the Chicago 
and Metro East (East St. Louis) areas. VOM, as defined by the State of 
Illinois, is identical to ``Volatile Organic Compounds'' (VOC), as 
defined by EPA. VOC is an air pollutant which combines with nitrogen 
oxides in the atmosphere 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. This plan was 
submitted to meet the Clean Air Act (Act) requirement for States to 
adopt Reasonably Available Control Technology (RACT) rules for sources 
that are covered by Control Techniques Guideline (CTG) documents. This 
rulemaking action approves, through direct final, the Illinois SIP 
revision request.

DATES: The ``direct final'' approval is effective on May 22, 1998, 
unless EPA receives adverse or critical written comments by April 22, 
1998. 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 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, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.

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

SUPPLEMENTARY INFORMATION:

I. Background

    Section 182(b)(2) of the Act requires all moderate and above ozone

[[Page 13785]]

nonattainment areas to adopt RACT rules for sources covered by CTG 
documents, such as SOCMI reactor processes and distillation operations. 
In Illinois, the Chicago area is classified as ``severe'' nonattainment 
for ozone, while the Metro East area is classified as ``moderate'' 
nonattainment. See 40 CFR 81.314.
    The Illinois Environmental Protection Agency (IEPA) held public 
hearings on the SOCMI rules on November 4, 1994, December 2, 1994, and 
December 16, 1994. The rules, which require compliance by March 15, 
1996, were published in the Illinois Register on May 19, 1995. The 
rules became effective at the State level on May 9, 1995. The IEPA 
formally submitted the SOCMI rules to EPA on May 5, 1995, and May 26, 
1995, as a revision to the Illinois SIP for ozone. The submittal amends 
35 Illinois Administrative Code (Ill.Adm.Code) Parts 211, 218 and 219, 
to include control measures for SOCMI reactor processes and 
distillation operations.
    The submittal includes the following new or revised rules:

Part 211: Definitions and General Provisions

Subpart B: Definitions

211.980  Chemical Manufacturing Process Unit
211.1780  Distillation Unit
211.2365  Flexible Operation Unit
211.5065  Primary Product

Part 218: Organic Material Emission Standards and Limitations for the 
Chicago Area

Subpart Q: Synthetic Organic Chemical and Polymer Manufacturing Plant

218.431  Applicability
218.432  Control Requirements
218.433  Performance and Testing Requirements
218.434  Monitoring Requirements
218.435  Recordkeeping and Reporting Requirements
218.436 Compliance Date

Appendix G: TRE Index Measurement for SOCMI Reactors and 
Distillation Units

Part 219: Organic Material Emission Standards and Limitations for the 
Metro East Area

Subpart Q: Synthetic Organic Chemical and Polymer Manufacturing Plant

219.431  Applicability
219.432  Control Requirements
219.433  Performance and Testing Requirements
219.434  Monitoring Requirements
219.435  Recordkeeping and Reporting Requirements
219.436  Compliance Date

Appendix G: TRE Index Measurement for SOCMI Reactors and 
Distillation Units

    The SOCMI rules contained in Part 218 are identical to those in 
Part 219 except for the areas of applicability. Part 218 applies to the 
Chicago Area, while Part 219 applies to the Metro East area.
    Illinois' SOCMI rules are based largely on EPA's final CTG for 
control of VOCs from SOCMI reactor processes and distillation 
operations, which was issued on November 15, 1993 (58 FR 60197). This 
document contains the recommended presumptive norm for RACT for these 
sources.
    The applicability measure for RACT is dependent upon the 
facilities' calculated Total Resource Effectiveness (TRE) index. The 
TRE index is a measure of the cost per unit of VOC emission reduction 
and is normalized so that the decision point has a defined value of 
1.0. It considers variables such as the emission stream characteristics 
(i.e., heat value, flow rate, VOC emission rate) and a maximum cost 
effectiveness. A TRE index value of less than or equal to 1.0, as 
calculated by using the specific stream characteristics, ensures that 
the stream could be effectively controlled further by a combustion 
device without an unreasonable cost burden. The use of the TRE index 
applicability measure provides an incentive for pollution prevention by 
letting a facility consider alternatives to installing add-on control 
devices. Facilities can choose to improve product recovery so that the 
calculated TRE index falls above the cutoff value of 1.0.
    The technology underlying RACT for SOCMI reactor processes and 
distillation operations is combustion via either thermal incineration 
or flaring. These control techniques generally achieve the highest 
emission reduction among demonstrated VOC technologies. The EPA 
believes that a thermal incinerator that is well operated and 
maintained according to manufacturer's specifications can achieve at 
least 98 percent control efficiency, by weight. Likewise, flares that 
conform with the design and operating specifications set forth in 40 
CFR 60.18, can achieve at least 98 percent control, by weight, of VOC 
emissions.

II. Analysis of State Submittal

    The Illinois SOCMI rules affect vent streams associated with 
reactor processes and distillation operations that manufacture a SOCMI 
chemical which is both listed in Appendix A of Illinois' Rules and 
Regulations for Air Pollution Control (35 Ill.Adm.Code 218 and 219) and 
qualifies as a ``primary product'' under the rules. The rules exclude 
any reactor or distillation unit that (1) is part of a polymer 
manufacturing operation, (2) is included in a batch operation, (3) has 
a total design capacity of less than 1,100 tons per year for the 
primary product, (4) has a primary product not listed in Appendix A, 
(5) has a vent stream VOC concentration of less than 500 parts per 
million by volume or a flow rate of less than 0.0085 standard cubic 
meter per minute, or (6) is included in the hazardous air pollutants 
early reduction program, as specified in 40 CFR Part 63 and published 
at 50 FR 60970 on October 22, 1993. Any other process vent stream from 
a reactor process or distillation operation in SOCMI that does not 
satisfy the above exclusion criteria must perform a TRE determination. 
If the TRE index value, calculated at a point immediately after the 
associated recovery device, is less than or equal to 1.0, then VOC 
emissions (less methane and ethane) must be reduced by 98 percent by 
weight or to 20 parts per million by volume, on a dry basis, corrected 
to 3 percent oxygen. The compliance date in the Illinois rules is March 
15, 1996.
    Illinois' SOCMI rules were reviewed against EPA's August 1993 CTG 
for SOCMI distillation and reactors. Based on the CTG, Illinois' SOCMI 
reactor and distillation rules require RACT level control efficiencies. 
However, the State rules' applicability criteria is different than the 
applicability criteria recommended by the CTG. Under the States' rules, 
a reactor or distillation unit has the requisite total design capacity 
to trigger applicability when it produces (1) at least 1,100 tons per 
year of primary product, and (2) the primary product falls under a list 
of SOCMI chemicals under Appendix A, the same list used for 
applicability purposes under the State's SOCMI leaks rule (see 35 
Ill.Adm.Code 218/219, Subpart Q and Appendix A, approved by EPA 
September 9, 1994, 59 FR 46562). In contrast, the CTG recommends that 
applicability be based on whether a unit produces at least 1,100 tons 
per year of one or more final or intermediate products which fall under 
the CTG's list of SOCMI chemicals, a list that includes more chemicals 
than Appendix A.
    RACT rule applicability provisions may vary from State to State 
dependent upon what sources are in the State's nonattainment area(s). 
In the case of Illinois, the differences in applicability criteria 
between the State rules and the CTG is insignificant because the State 
has only two affected sources in the States' nonattainment areas, both 
of which meet the applicability criteria of the CTG and the States' 
rules.
    To demonstrate that the State rules are essentially equivalent to 
the CTG in

[[Page 13786]]

terms of applicability, the IEPA submitted documentation on November 8, 
1996, regarding its search for potentially affected facilities 
applicable to the SOCMI CTG. First, the IEPA searched the State's 
Emission Inventory System (EIS) database to establish a list of SOCMI 
continuous distillation operations or reactor processes in the Chicago 
or Metro East nonattainment areas (SOCMI batch facilities were excluded 
from the search because they are exempt from the rules). The IEPA 
evaluated air permit information for these units and eliminated from 
the list those units which are not producing any chemical found on the 
SOCMI CTG list. IEPA further eliminated from the list those units which 
are specifically excluded from the SOCMI CTG, including facilities 
involved in polymer manufacturing operations or covered under the 
State's SOCMI air oxidation rules.
    After this complete review, the SOCMI facilities that remained 
containing emission units applicable to the CTG were Stepan Company's 
Millsdale facility (Stepan), and Monsanto Chemical Group's Sauget 
facility (Monsanto). The Illinois SOCMI reactor and distillation rules 
as they apply to Stepan has already been approved on June 17, 1997, (62 
FR 32694), and the approval of the rules as they apply to Monsanto has 
been signed by the Regional Administrator on February 24, 1998, and is 
awaiting publication in the Federal Register.
    Based on IEPA's documentation, all SOCMI reactor and distillation 
units in the Chicago and Metro East areas which are required to meet 
RACT under the SOCMI CTG are covered by the Illinois rule. Therefore, 
there is no environmental benefit to be gained by requiring Illinois to 
revise its SOCMI rule to mirror the CTG's applicability provisions. 
Because the State rules are, for practical purposes, as stringent as 
the CTG in respect to SOCMI distillation and reactor units existing in 
the Chicago and Metro East areas, EPA is approving the State rules. 
However, if a new SOCMI distillation or reactor unit is constructed in 
the Chicago or Metro East nonattainment areas which is required to meet 
RACT under the CTG and is not subject to the New Source Performance 
Standards (NSPS) for SOCMI distillation operations (40 CFR part 60, 
subpart NNN), the NSPS for SOCMI reactor processes (40 CFR part 60, 
subpart RRR), or the State rules, then the State will be required to 
revise its rules so that the new unit is subject to RACT.

III. Final Rulemaking Action

    The EPA approves the plan revision submitted to EPA by the State of 
Illinois on May 5, 1995, and May 26, 1995, for SOCMI reactor processes 
and distillation operations. While the limits contained in the rules 
are generally of RACT stringency, the rules' applicability provisions 
do not match the applicability criteria specified by the SOCMI CTG. 
Illinois has shown, however, that the State rules apply to all existing 
SOCMI facilities in the Chicago and Metro East ozone nonattainment 
areas which are required to meet RACT under the CTG. Thus, the rules 
are approvable. The EPA has already taken action on the Illinois rules 
as they apply to Stepan Company's Millsdale facility (June 17, 1997, 62 
FR 32694), and the rules as they apply to Monsanto Chemical Group's 
Sauget facility have been approved by the Regional Administrator on 
February 24, 1998, and the approval is awaiting publication in the 
Federal Register.
    The EPA is publishing this action without prior proposal because 
EPA views this as a noncontroversial revision and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should specified written adverse or critical written comments be filed. 
This action will become effective without further notice unless the 
Agency receives relevant adverse written comment on the parallel 
proposed rule (published in the proposed rules section of this Federal 
Register) by April 22, 1998. Should the Agency receive such comments, 
it will publish a final rule informing the public that this action did 
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 May 22, 1998.
    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.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

B. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. section 600 et seq., 
EPA must prepare a regulatory flexibility analysis assessing the impact 
of any proposed or final rule on small entities. 5 U.S.C. sections 603 
and 604. Alternatively, EPA 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 EPA 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, EPA 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. 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. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and

[[Page 13787]]

the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This rule is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

E. 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 May 22, 1998. 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, Reporting and recordkeeping 
requirements.

    Dated: March 5, 1998.
David A. Ullrich,
Acting Regional Administrator, Region V.
    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)(142)to read as 
follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (142) On May 5, 1995, and May 26, 1995, the State of Illinois 
submitted State Implementation Plan revision requests for reactor 
processes and distillation operations in the Synthetic Organic Chemical 
Manufacturing Industry as part of the State's control measures for 
Volatile Organic Material emissions for the Chicago and Metro-East 
(East St. Louis) areas. This plan was submitted to meet the Clean Air 
Act requirement for States to adopt Reasonably Available Control 
Technology rules for sources that are covered by Control Techniques 
Guideline documents.
    (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 211: Definitions and General Provisions, Subpart B; 
Definitions, 211.980 Chemical Manufacturing Process Unit, 211.1780 
Distillation Unit, 211.2365 Flexible Operation Unit, 211.5065 Primary 
Product, amended at 19 Ill. Reg. 6823, effective May 9, 1995.
    (B) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart Q: Synthetic Organic Chemical and Polymer 
Manufacturing Plant, Sections 218.431 Applicability, 218.432 Control 
Requirements, 218.433 Performance and Testing Requirements, 218.434 
Monitoring Requirements, 218.435 Recordkeeping and Reporting 
Requirements, 218.436 Compliance Date, 218.Appendix G, TRE Index 
Measurement for SOCMI Reactors and Distillation Units, amended at 19 
Ill. Reg. 6848, effective May 9, 1995.
    (C) Part 219: Organic Material Emission Standards and Limitations 
for the Metro East Area, Subpart Q: Synthetic Organic Chemical and 
Polymer Manufacturing Plant, Sections 219.431 Applicability, 219.432 
Control Requirements, 219.433 Performance and Testing Requirements, 
219.434 Monitoring Requirements, 219.435 Recordkeeping and Reporting 
Requirements, 219.436 Compliance Date, 219.Appendix G, TRE Index 
Measurement for SOCMI Reactors and Distillation Units, amended at 19 
Ill. Reg. 6958, effective May 9, 1995.

[FR Doc. 98-7128 Filed 3-20-98; 8:45 am]
BILLING CODE 6560-50-P