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[Federal Register Volume 60, Number 63 (Monday, April 3, 1995)]
[Rules and Regulations]
[Pages 16801-16803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8044]

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ENVIRONMENTAL PROTECTION AGENCY
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.

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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 
[[Page 16802]] exemption for barge loading from the ``non-control 
technique guideline'' Subparts, for the Chicago and Metro-East 
``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-for-profit enterprises, 
and government [[Page 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:

Sec. 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 Metro-East 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
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