Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations 16801

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective June 2, 1995

unless, within 30 days of its

publication, adverse or critical

comments are received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent notice that will withdraw

the final action. All public comments

received will then be addressed in a

subsequent final rule based on this

action serving as a proposed rule. The

EPA 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 June 2, 1995.

Regulatory Process

Under the Regulatory Flexibility Act,

5 U.S.C. 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.

§§ 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-forprofit enterprises and government

entities with jurisdiction over

population of less than 50,000. SIP

approvals under sections 110 and 301(a)

and subchapter I, part D of the CAA 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

CAA, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256–66 (S. Ct. 1976); 42 U.S.C.

7410(a)(2).

The OMB has exempted this action

from review under Executive Order

12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: February 15, 1995.

Felicia Marcus,

Regional Administrator.

Subpart F of 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 F—California

2. Section 52.220 is amended by

adding paragraphs (c) (197)(i)(B),

(199)(i)(A)(5), (202) introductory text,

and (202)(i) to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(197) * * *

(i) * * *

(B) Bay Area Air Quality Management

District.

(1) Rule 8–6, adopted on February 2,

1994.

* * * * *

(199) * * *

(i) * * *

(A) * * *

(5) Rules 8–29, 8–33, and 8–39,

adopted on June 1, 1994, and Rules 8–

19 and 8–38, adopted on June 15, 1994.

* * * * *

(202) New and amended regulations

for the following APCDs were submitted

on October 19, 1994, by the Governor’s

designee.

(i) Incorporation by reference.

(A) Bay Area Air Quality Management

District.

(1) Rule 2–1, adopted on June 15,

1994.

* * * * *

[FR Doc. 95–8042 Filed 3–31–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[IL104–1–6697a; FRL–5158–7]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: On November 28, 1994, the

State of Illinois submitted a State

Implementation Plan (SIP) revision

request to the United States

Environmental Protection Agency

(USEPA) for Marine Vessel Loading as

part of the State’s 15 percent (%) Rate

of Progress (ROP) Plan control measures

for Volatile Organic Matter (VOM)

emissions. A final approval action is

being taken because the submittal meets

all pertinent Federal requirements. The

control measures require marine

terminals, from May 1 through

September 15, to operate a vapor

collection and control system which

achieves a 95% control efficiency. This

type of control is not required as

Reasonably Available Control

Technology (RACT) under the Clean Air

Act, and is therefore not subject to the

same RACT stringency. In the proposed

rules section of this Federal Register,

USEPA is proposing approval of and

soliciting public comment on this

requested SIP revision. If adverse

comments are received on this action,

USEPA will withdraw this final rule

and address the comments received in

response to this action in a final rule on

the related proposed rule which is being

published in the proposed rules section

of this Federal Register. A second

public comment period will not be held.

Parties interested in commenting on this

action should do so at this time.

DATES: This final rule is effective June

2, 1995, unless an adverse comment is

received by May 3, 1995. If the effective

date of this action is delayed due to

adverse comments, timely notice will be

published in the Federal Register.

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

Rosanne M. Lindsay at (312) 353–1151

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:

Rosanne M. Lindsay at (312) 353–1151.

SUPPLEMENTARY INFORMATION:

I. Summary of State Submittal

On November 28, 1994, the Illinois

Environmental Protection Agency

(IEPA) submitted a SIP revision request

which amends 35 Ill. Adm. Code Parts

218 and 219, to include control

measures for the loading of marine

vessels and, in addition, eliminates the
16802 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations

exemption for barge loading from the

‘‘non-control technique guideline’’

Subparts, for the Chicago and MetroEast ‘‘severe’’ and ‘‘moderate’’ ozone

nonattainment areas. In doing so, IEPA

believes that these control measures, in

part, will reduce VOM emissions

enough to meet the 15% ROP

requirements. As required by section

182(b) of the Clean Air Act (the Act),

affected States must submit a Plan to

reduce 1990 VOM emissions by 15% by

1996.

Illinois estimates that the 15%

reductions required for Chicago and the

Metro-East are equivalent to 250 tons

per day (TPD) and 27 TPD, respectively,

of which controls from marine vessel

loading will contribute 1.3 TPD (1%)

and 11.82 TPD (44%), respectively.

II. Analysis of State Submittal

The requirements of the rule apply to

sources (marine terminals) that load or

are permitted to load gasoline or crude

oil to marine vessels during the Illinois

ozone season (May 1 through September

15). The rule does not apply to the

fueling of marine vessels or the transfer

of liquids from one marine vessel to

another marine vessel.

The rule control requirements specify

that, unless an owner or operator

chooses an alternative control option

(i.e., Section 218/219.762, subsection

(c)), the owner/operator shall equip each

terminal with a vapor collection and a

control system that results in overall

VOM reductions of at least 95 percent

by weight during loading, is maintained

to prevent leaks, odors, and fumes, and

has been certified by the Coast Guard.

Further, subsection (b) requires that

from May 1 through September 15,

gasoline or crude oil cannot be loaded

unless they are equipped with vapor

collection equipment certified by the

Coast Guard, are capable of being

connected to the terminal’s vapor

collection system, and are vapor-tight.

Vapor-tightness requires that the owner

or operator of a marine vessel either

present documentation, prior to loading

to show that a leak test (Method 21, 40

CFR part 60, appendix A) was passed in

the preceding 12 months, or be subject

to a leak test during the last 20% of

loading with documented results.

Failing the test prohibits subsequent

loading of the marine vessel until such

time that the repair has been made and

the documentation provided. Where

loading of a marine vessel takes place

with a vacuum-assisted vapor collection

system (See 218/219.762, subsection

(b)(3)A)), the marine vessel is not

required to provide evidence of a leak

test or be subject to one during loading.

In subsection (c), the rule lists three

alternatives to the requirements under

subsections (a) and (b): (1) Operation of

the control system can be performed in

accordance with Federal regulations

pursuant to sections 112(d) or 183 (f) of

the Clean Air Act; (2) reductions

equivalent to those listed in appendix E

of the rule, through a federally

enforceable emission reduction plan; or

(3) an alternative control plan approved

by USEPA in a federally enforceable

permit or as a SIP revision. Compliance

with this rule is required by May 1,

1996.

Note: A federally enforceable emission

reduction plan may include reductions from:

(a) The shut down emission units and

withdrawal of permits; (b) over-control of

other emission units; or (c) prohibition of

loading activity of gasoline or crude oil

during the control period. Such provisions

will be incorporated into a permit as

federally enforceable conditions where

applicable. Compliance with this rule is

required by May 1, 1996.

All marine terminals, except those

complying with alternative control

requirements, are required to certify

compliance upon initial start-up or

upon a change in the compliance

method. Testing and monitoring,

recordkeeping and reporting procedures

are also required and apply during the

regulatory control period. Those sources

with alternative control requirements

must maintain daily throughput records.

All records will be maintained for a

period of 3 years.

The control requirements, compliance

certifications, testing and monitoring,

recordkeeping and reporting

requirements specified in the rule, are

appropriate as they apply to all sources

that load gasoline or crude oil into

marine vessels (i.e., there is no

minimum threshold of applicability).

The Illinois rules in no way infringe

upon the U.S. Coast Guards jurisdiction

and regulations, and similarly, the U.S.

Coast Guard requirements do not, in any

way, relieve a marine terminal from

obtaining the appropriate permits from

IEPA, or restrict IEPA’s authority to

inspect or enforce. Further, the

reductions required by these rules do

not interfere with required reductions

which result from compliance with any

other Federal controls or measures

included in the Illinois SIP.

III. Final Rulemaking Action

The USEPA has undertaken its

analysis of the marine vessel loading

revision request based on a review of

the materials presented by IEPA and has

determined that this SIP revision

request is approvable. Because USEPA

considers this action noncontroversial

and routine, we are approving it today

without prior proposal.

These rules, applicable to the Chicago

and Metro-East St. Louis, amend 35 Ill.

Adm. Code Part 211 Subpart B, amend

Sections 218/219.101 and 218/219.106,

add Subpart GG to Parts 218 and 219,

including Appendix E, and amend

Sections 218/219.920, 218/219.940, 218/

219.960, and 218/219.980.

The USEPA is publishing this action

without prior proposal because USEPA

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the USEPA is proposing to

approve the requested SIP revision

should adverse or critical comments be

filed. This action will be effective on

June 2, 1995, unless adverse or critical

comments are received by May 3, 1995.

If the USEPA receives such

comments, this action will be

withdrawn before the effective date by

publishing a subsequent rule that

withdraws this final action. All public

comments received will then 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 June 2, 1995.

This action has been classified as a

Table 2 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993,

memorandum from Michael H. Shapiro,

Acting 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.

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-forprofit enterprises, and government
Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations 16803

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 June 2, 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

Air pollution control, Environmental

protection, Incorporation by reference.

Dated: February 9, 1995.

David A. Ullrich,

Acting Regional Administrator.

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)(106) to read as

follows:

§ 52.720 Identification of plan.

* * * * *

(c) * * *

(106) On November 23, 1994, the

State submitted amended marine vessel

loading rules which consisted of revised

definitions, and revisions to the Ozone

Control Plan for the Chicago and MetroEast 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 211: Definitions and General

Provisions, Subpart B: Definitions,

Sections 211.3480 Loading Event and

211.3660 Marine Vessel added at 18 Ill.

Reg. 166769, effective October 25, 1994;

Sections 211.3650 Marine Terminal, and

211.6970 Vapor Collection System, and

Section 211.6990 Vapor Control System

amended at 18 Ill. Reg. 16769, effective

October 25, 1994.

(B) Part 218: Organic Material

Emission Standards and Limitations for

the Chicago Area, Subpart A; General

Provisions, Sections 218.101 Savings

Clause and 218.106 Compliance Dates

amended at 18 Ill. Reg. 16392, effective

October 25, 1994; Subpart GG: Marine

Terminals, Sections 218.760

Applicability, 218.762 Control

Requirements, 218.764 Compliance

Certification, 218.766 Leaks, 218.768

Testing and Monitoring, and 218.770

Recordkeeping and Reporting added at

18 Ill. Reg. 16392, effective October 25,

1994; Appendix E: List of Affected

Marine Terminals amended at 18 Ill.

Reg. 16392, effective October 25, 1994.

(C) Part 219: Organic Material

Emissions Standards and Limitations for

the Metro-East Area, Subpart A; General

Provisions, Sections 219.101 Savings

Clause and 219.106 Compliance Dates

amended at 18 Ill. Reg. 16415, effective

October 25, 1994; Subpart GG: Marine

Terminals, Sections 219.760

Applicability, 219.762 Control

Requirements, 219.764 Compliance

Certification, 219.766 Leaks, 219.768

Testing and Monitoring, and 219.770

Recordkeeping and Reporting added at

18 Ill. Reg. 16415, effective October 25,

1994.

[FR Doc. 95–8044 Filed 3–31–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[IL91–1–6279a; FRL–5169–4]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: The USEPA approves the sitespecific State Implementation Plan (SIP)

revision request submitted by the State

of Illinois on January 25, 1994, for

Quantum Chemical Corporation’s

(Quantum) facility located in Morris,

Illinois. This site-specific SIP revision

alters certain Reasonably Available

Control Technology (RACT) regulations

contained within 35 Illinois

Administrative Code (IAC) Part 218 as

they apply to specific units or plants

within this facility. This approval is

based upon sufficient demonstration

that factors relating to this facility are

substantially and significantly different

from those relied upon in adopting 35

IAC Part 218, and that these factors

warrant a corresponding adjustment of

this facility’s RACT requirements. The

submittal was reviewed for

completeness, and was found to be

complete on March 21, 1994. The

rationale for this approval is set forth in

this final rule; additional information is

available at the address indicated below.

In the proposed rules section of this

Federal Register, USEPA is proposing

approval of and soliciting public

comment on this requested SIP revision.

If adverse comments are received on

this direct final rule, USEPA will

withdraw this direct final rule and

address the comments received in a

subsequent final rule on the related

proposed rule which is being published

in the proposed rules section of this

Federal Register. No additional

opportunity for public comment will be

provided. Unless this direct final rule is

withdrawn no further rulemaking will

occur on this requested SIP revision.

DATES: This final rule is effective June

2, 1995 unless notice is received by May

3, 1995 that someone wishes to submit

adverse comments. If the effective date

is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Copies of the USEPA’s

technical analysis are available for

inspection at the following address: (It

is recommended that you telephone

Mark J. Palermo at (312) 886–6082

before visiting the Region 5 Office.)

U.S. Environmental Protection Agency,

Region 5, Air and Radiation Division,

77 West Jackson Boulevard, Chicago,

Illinois 60604.

Written comments should be mailed 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.

A copy of this SIP revision is also

available for inspection at: Office of

Air and Radiation (OAR), Docket and

Information Center (Air Docket 6102),

room 1500, U.S. Environmental