Air Plan Approval; Illinois; 2008 Ozone Moderate VOC RACT for Chicago, 24569-24573 [2021-09686]
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Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Proposed Rules
result in equivalent or additional
reductions of NOX and/or VOC
emissions and should not interfere with
any applicable requirement concerning
attainment or reasonable further
progress with the NAAQS or interfere
with other applicable CAA requirement
in section 110(l) of the CAA.
EPA’s complete analysis of ACHD’s
case-by-case RACT SIP revisions is
included in the TSD available in the
docket for this rulemaking action and
available online at https://
www.regulations.gov, Docket number
EPA–R03–OAR–2020–0575.
IV. Proposed Action
Based on EPA’s review, EPA is
proposing to approve the Pennsylvania
SIP revisions for the ten case-by-case
RACT facilities listed in Table 2 of this
document and incorporate by reference
in the Pennsylvania SIP, via the RACT
II permits, source specific RACT
determinations under the 2008 8-hour
ozone NAAQS for certain major sources
of NOX and VOC emissions. EPA is
soliciting public comments on the
issues discussed in this document.
These comments will be considered
before taking final action. As EPA views
each facility as a separable SIP revision,
should EPA receive comment on one
facility but not others, EPA may take
separate, final action on the remaining
facilities.
V. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
source specific RACT determinations
via the RACT II permits as described in
Sections II and III—Summary of SIP
Revisions and EPA’s Evaluation of SIP
Revisions in this document. EPA has
made, and will continue to make, these
materials generally available through
https://www.regulations.gov and at the
EPA Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
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Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed
rulemaking, addressing the case-by-case
NOX and VOC RACT requirements for
sources at ten facilities for the 2008 8hour ozone NAAQS, does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
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24569
Dated: April 23, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021–09099 Filed 5–6–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2019–0031; FRL–10023–
37–Region 5]
Air Plan Approval; Illinois; 2008 Ozone
Moderate VOC RACT for Chicago
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
volatile organic compound (VOC)
reasonably available control technology
(RACT) State Implementation Plan (SIP)
revisions for the Illinois portion of the
Chicago-Naperville, IL-IN-WI
nonattainment area (Illinois portion)
under the 2008 8-hour ozone National
Ambient Air Quality Standard
(‘‘NAAQS’’ or ‘‘standard’’) submitted by
the Illinois Environmental Protection
Agency (‘‘Illinois’’ or ‘‘Illinois EPA’’) on
January 10, 2019 and supplemented on
April 30, 2020. EPA is also proposing to
approve the Stepan Co. construction
permit submitted by Illinois on March
29, 2021 as a revision to the Illinois SIP.
The Illinois portion consists of Cook,
DuPage, Kane, Lake, McHenry, and Will
Counties and portions of Grundy (Aux
Sable and Goose Lake Townships) and
Kendall (Oswego Township) Counties.
These VOC RACT SIP submittals satisfy
the moderate VOC RACT requirements
of section 182(b)(2) of the Clean Air Act
(CAA).
DATES: Comments must be received on
or before June 7, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2019–0031 at https://
www.regulations.gov, or via email to
aburano.douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
SUMMARY:
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The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Katie Mullen, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–3490,
mullen.kathleen@epa.gov. The EPA
Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday,
excluding Federal holidays and facility
closures due to COVID–19.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What is EPA proposing?
II. What is the background for this action?
III. What is EPA’s evaluation of Illinois’ VOC
RACT submittal?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is EPA proposing?
EPA is proposing to approve VOC
RACT SIP revisions submitted by
Illinois on January 10, 2019 and
supplemented on April 30, 2020. EPA is
also proposing to approve the Stepan
Co. construction permit submitted by
Illinois on March 29, 2021 as a revision
to the Illinois SIP, making the
throughput limits federally enforceable.
These revisions satisfy the moderate
VOC RACT requirements of section
182(b)(2) of the CAA for the Illinois
portion under the 2008 8-hour ozone
standard.
II. What is the background for this
action?
VOCs contribute to the production of
ground-level ozone, or smog, which
harms human health and the
environment. Sections 172(c)(1) and
182(b)(2) of the CAA require states to
implement RACT in ozone
nonattainment areas classified as
moderate (and higher). Specifically,
these areas are required to implement
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RACT for all major VOC sources and for
all sources covered by a Control
Techniques Guideline (CTG). A CTG is
a document issued by EPA which
establishes a ‘‘presumptive norm’’ for
RACT for a specific VOC source
category. States must submit rules, or
negative declarations when no such
sources exist for CTG source categories.
EPA’s SIP Requirements Rule for the
2008 ozone NAAQS indicates that states
may meet RACT through the
establishment of new or more stringent
requirements that meet RACT control
levels, through a certification that
previously adopted RACT controls in
their SIPs approved by EPA for a prior
ozone NAAQS also represent adequate
RACT control levels for attainment of
the 2008 ozone NAAQS, or with a
combination of these two approaches.
See 80 FR 12,264, 12,278–79 (Mar. 6,
2015). As stated above, a state may
submit a negative declaration in
instances where there are no CTG
sources.
On June 11, 2012, EPA designated the
Chicago-Naperville, IL-IN-WI
nonattainment area as a marginal
nonattainment area for the 2008 ozone
NAAQS (77 FR 34221). The Illinois
portion includes Cook, DuPage, Kane,
Lake, McHenry, and Will Counties and
parts of Grundy and Kendall Counties.
On May 4, 2016, pursuant to section
181(b)(2) of the CAA, EPA determined
that the Chicago-Naperville, IL-IN-WI
nonattainment area failed to attain the
2008 ozone NAAQS by the July 20,
2015, marginal area attainment deadline
and thus reclassified the area from
marginal to moderate nonattainment (81
FR 26697). In that action, EPA
established January 1, 2017, as the due
date for the state to submit all moderate
area nonattainment plan SIP
requirements applicable to newly
reclassified areas. On August 23, 2019,
pursuant to section 181(b)(2) of the
CAA, EPA determined that the ChicagoNaperville, IL-IN-WI nonattainment area
failed to attain the 2008 ozone NAAQS
by the July 20, 2018, moderate area
attainment deadline and thus
reclassified the area from moderate to
serious nonattainment (84 FR 44238). In
that action, EPA established August 3,
2020 and March 23, 2021 as the due
dates for serious area nonattainment
plan SIP submissions for newly
reclassified areas. This action only
addresses the moderate VOC RACT SIP
submissions.
III. What is EPA’s evaluation of Illinois’
VOC RACT submittal?
Illinois previously addressed RACT
requirements for the Illinois portion
under the 1979 and 1997 ozone
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standards (45 FR 11472, 52 FR 45333,
59 FR 46562, and 77 FR 16940). Illinois’
VOC RACT rules for the Illinois portion
are contained in 35 Ill. Adm. Code Part
218 (Part 218). Illinois has evaluated the
regulations previously approved by EPA
and determined that these rules
continue to satisfy RACT requirements
under the 2008 ozone NAAQS.
The rules in Part 218 include rules
addressing CTG categories adopted by
EPA through 2018 for which there are
existing sources in the Illinois portion.
Negative declarations for other CTG
categories are detailed below.
Major non-CTG VOC sources, which
are subject to RACT, are stationary
sources that have the potential to emit
(PTE) at least 100 tons per year (TPY) of
VOCs in moderate ozone nonattainment
areas and are not subject to the
applicability criteria in the CTGs. Many
major non-CTG VOC sources located in
the ozone nonattainment area that are
not subject to specific RACT rules are
subject to generic RACT rules. Thus,
Illinois has met the obligation to
implement RACT for many major nonCTG VOC sources in the Illinois portion
with SIP-approved regulations under
Part 218 subparts PP, QQ, RR, and TT.
Illinois has previously submitted
several negative declarations for CTG
categories for which there were no
applicable sources found in Illinois that
meet the applicability criteria for those
CTGs. In those cases, it was unnecessary
to adopt new state rules and submit SIP
revisions to address those CTG
categories. Illinois has determined that
these negative declarations are still
valid and appropriate for the CTGs for
the Shipbuilding and Ship Repair
Industry, Natural Gas/Gasoline
Processing Plants, Aerospace
Manufacturing and Rework Facilities,
High-Density Polyethylene/
Polypropylene Manufacturing,
Vegetable Oil Processing, and Oil and
Natural Gas Industry.
Shipbuilding and Ship Repair Industry
On November 11, 1996, Illinois
submitted to EPA a negative declaration
letter for the Ship Building and Ship
Repair Industry. This CTG applies to
sources with potential emissions greater
than or equal to 25 tons of VOC per year
for this category. Illinois determined
that there were no such sources in the
Illinois portion of the nonattainment
area.
Illinois reviewed its most recent
inventory to determine if any sources
fall under this category. Illinois found
four sources that required further
review. All four of these sources are
barge cleaning sources with VOC
emissions limitations under 25 TPY.
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Therefore, the negative declaration is
still valid and appropriate for this CTG
category.
Natural Gas/Gasoline Processing Plants
On November 14, 1985, Illinois
submitted to EPA a negative declaration
letter for the Natural Gas/Gasoline
Processing Plant industry. Illinois
determined that there were no sources
of any size in this source category in the
Illinois portion.
Illinois reviewed its most recent
inventory to determine if any sources
fall under this category. There were 35
sources that required further review.
One source (SIC 1321) does have
emission units that fall under the CTG.
This source was built after Illinois’
negative declaration for this CTG
category and is subject to the control
requirements in the New Source
Performance Standard (NSPS) 40 CFR
60 subpart KKK Standards of
Performance for Equipment Leaks of
VOC from Onshore Natural Gas
Processing Plants. The NSPS standards
and control requirements are equivalent
to or more stringent than the CTG
requirements.
The other 34 sources (SIC 4922, 4923,
and 4924) are natural gas pipelines that
are used to transport gas across Illinois
to nearby states. None of these sources
have emission units that fall under this
CTG category. Therefore, the negative
declaration/RACT certification is still
valid and appropriate for the CTG
category.
Aerospace Manufacturing and Rework
Facilities
On October 11, 1996, Illinois
submitted to EPA a negative declaration
letter for the Aerospace Manufacturing
and Rework Operations CTG. This CTG
applies to sources in this category with
potential emissions greater than or equal
to 25 tons of VOC per year. Illinois
determined that there were no such
sources in the Illinois portion.
Illinois reviewed its most recent
inventory to determine if any sources
fall under this category. Illinois found
11 sources under SIC codes 3728, 4512,
4581, and 9711. None of these sources
have emission units that fall under this
CTG category. Therefore, the negative
declaration is still valid and appropriate
for the CTG category.
High-Density Polyethylene,
Polypropylene, and Polystyrene Resins
The Control of Volatile Organic
Compound Emissions from Manufacture
of High-Density Polyethylene,
Polypropylene, and Polystyrene Resins
CTG covers the manufacture of those
three materials. Illinois previously
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submitted a negative declaration to EPA
that applied to two of those materials,
Polyethylene and Polypropylene, and
certified that there were no sources
manufacturing those materials in the
Illinois portion. The third material,
Polystyrene, is regulated by State RACT
rules in Part 218 subpart BB:
Polystyrene Plants.
Illinois reviewed its most recent
inventory and confirmed that no sources
fall under the four SIC codes (2821,
2822, 2823, and 2824) for this CTG
category for the manufacture of
polyethylene and polypropylene. There
are two sources out of 11 under SIC
2821 that manufacture polystyrene resin
and are subject to Part 218 subpart BB
Polystyrene Plants, the current RACT
rule in Illinois. Therefore, the negative
declaration/RACT certification is still
valid and appropriate for the CTG
category.
Vegetable Oil Processing
Illinois determined there were no
such sources in the Illinois portion.
Illinois reviewed its most recent
inventory to determine if any sources
fall under this category and found one
source that required further review. This
source is subject to the control
requirements in the NESHAP 40 CFR 63
subpart GGGG for Solvent Extraction for
Vegetable Oil Production.
The NESHAP standards for control
are equivalent to or more stringent than
the outdated former CTG. Thus, the
negative declaration/RACT certification
is still valid and appropriate.
Oil and Natural Gas Industry
On December 5, 2018 Illinois
submitted to EPA a negative declaration
for the Oil and Natural Gas Industry,
which is the subject of the October 20,
2016 CTG. Illinois reviewed the
Chicago-Naperville, IL-IN-WI
nonattainment area emission inventory
and performed assessments for sources
and units that might require additional
regulation pursuant to the Oil and Gas
CTG. Illinois found no oil or gas
producing wells, and found no sources
or units affected by this CTG in the
Illinois portion for which a SIP revision
is necessary to achieve RACT level
control. Most of the sources identified
in the oil and gas industry in the Illinois
portion are involved exclusively in the
processing, transmission and
distribution of oil and gas. Sources and
units that were found to be potentially
affected by the Oil and Gas CTG were
found to be exempt and are already
controlled by Federal and/or State
regulations that include requirements
more stringent than the CTG RACT
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requirements. Thus, the negative
declaration/RACT certification is valid.
Industrial Wastewater
EPA issued a draft CTG for the
industrial wastewater category in
September 1992. However, because this
CTG was never finalized, industrial
wastewater sources are considered to be
non-CTG VOC sources. Industrial
wastewater is a category that is not
covered by the Illinois non-CTG VOC
RACT rules.
On December 23, 1999, Illinois
submitted to EPA a negative declaration
letter for the Illinois portion covering
industrial wastewater sources. At that
time, Illinois determined that all sources
in the Illinois portion to which the draft
CTG would be applicable were covered
by other regulations that were as
stringent or more stringent than the
draft CTG. Those sources were two
refineries and one chemical plant that
were subject to Federal regulations
covering waste operations.
Illinois reviewed its most recent
inventory to determine if any sources
fall under the industrial wastewater
category, including: Organic chemicals,
plastics, and synthetic fibers;
pharmaceuticals; pesticides
manufacturing; petroleum refining;
pulp, paper, and paperboard mills; and
hazardous waste treatment, storage, and
disposal facilities. Illinois found 54
sources that required further review.
Illinois examined each unit at these
sources and the operating permits of
those sources to determine whether a
source was a significant source of
wastewater or if the draft CTG was
potentially applicable to a source or
unit. Of those 54 sources, it was
determined that the draft CTG would be
applicable to only six sources. It was
found that all subject sources were
covered under the NESHAP 40 CFR 63
subpart G, the NESHAP 40 CFR 63
subpart FFFF, or by Part 218 subpart C,
all of which are equivalent or more
stringent than the draft CTG.
EPA requested additional information
for twelve industrial wastewater sources
that were identified as potentially being
subject to non-CTG VOC RACT based on
historical emissions. On April 30, 2020,
Illinois submitted supplementary
information demonstrating that either
the existing levels of control represent
RACT (RACT equivalence) or that the
sources’ potential to emit VOC are
below the 100 TPY non-CTG VOC
moderate area major source threshold
and thus the sources are not subject to
non-CTG VOC RACT.
The twelve sources that the EPA
evaluated include the following
refineries and chemical plants: Ester
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Solutions, Hexion Inc., INEOS Joliet,
INEOS Styrolution America LLC, Polynt
Composites USA, Akzo Nobel, AbbVie,
LyondellBasell, Exxon Mobil Oil Corp.,
Citgo Petroleum, Koppers Inc., and
Stepan Co.
Ester in Bedford Park, IL, Hexion in
Bedford Park, IL, INEOS Styrolution
America LLC in Channahon, IL, and
Polynt in Carpentersville, IL are not
subject to RACT because the PTE VOC
from each of these sources is less than
100 TPY.
The second INEOS source, INEOS
Joliet, is also located in Channahon, IL.
The supporting documentation
provided by INEOS Joliet indicates that
some of the wastewater streams are hard
piped to two emission points. These two
emission points are a storage tank vent
and an anaerobic flare, each of which
has a federally enforceable permitted
limit of 0.44 TPY. The remaining
wastewater streams at this source are
directed through open sewers to the
wastewater treatment system. After
considering the federally enforceable
permitted limit, EPA calculated the total
PTE VOC to be 41.1 TPY, which is
below the 100 TPY non-CTG threshold.
Akzo Nobel is located in Morris, IL
and has two wastewater emission units.
One unit is classified as an insignificant
activity (less than 0.1 pounds per hour
and less than 0.44 TPY) and the other
unit is required by a SIP-approved rule
to route its VOC emissions to an
afterburner that achieves at least 85
percent control. After considering this
federally enforceable control, the total
PTE VOC from wastewater at Akzo
Nobel was determined to be less than 1
TPY.
AbbVie in North Chicago, IL
demonstrated RACT equivalence. Most
of its wastewater is taken off site for
treatment. The remaining VOCcontaining wastewater streams are well
controlled at the on-site wastewater
treatment plant. The requirements to
conduct pretreatment are federally
enforceable through its Discharge
Control Document, which was issued by
the publicly owned treatment works as
required by its National Pollutant
Discharge Elimination System permit
issued by Illinois EPA. A comparison of
controlled and uncontrolled emissions
demonstrated approximately 98 percent
control of VOC from their wastewater
operations. EPA concluded that AbbVie
is well controlled and that this level of
control represents RACT.
LyondellBasell is subject to the
Miscellaneous Organic Chemical
Manufacturing NESHAP and Benzene
Waste Operations NESHAP (BWON).
After considering these applicable
NESHAPs, the EPA calculated the total
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PTE VOC to be 20.38 TPY, which is
below the 100 TPY non-CTG threshold.
Both Exxon Mobil Oil Corporation’s
Joliet Refinery and Citgo Petroleum’s
Lemont Refinery demonstrated that
potential VOC emissions from sources at
each facility not subject to a CTG are
below the 100 TPY non-CTG threshold
for moderate areas. Both refineries are
subject to the BWON NESHAP (40 CFR
61, subpart FF). After considering
BWON restrictions, the PTE VOC from
refinery wastewater was calculated to be
75.3 TPY, which is below the 100 TPY
non-CTG threshold. This value was
derived from BWON NESHAP’s 6.0
megagrams per year benzene limit and
EPA’s technology review in support of
the recent amendments to the Petroleum
Refinery Sector Rule.
Koppers in Cicero, IL submitted a
modeling demonstration for the
wastewater system at the plant.
Environmental Resources Management,
Inc. modeled the Koppers wastewater
treatment plant using a Toxchem model
to predict the annual PTE VOC. The
total PTE VOC at Koppers was estimated
to be 2.25 TPY, which is far below the
100 TPY non-CTG threshold.
Stepan Co. in Elwood, IL applied for
a construction permit that provides
operational limits on throughput from
upstream processes into the wastewater
stream. The operational limits on
throughput are on the masses of
methanol and other VOC compounds in
the wastewater, which contribute to the
VOC wastewater emissions.
Biodegradation is also required to meet
the effluent limitation in the federally
enforceable National Pollutant
Discharge Elimination System permit.
After considering the application of
biodegradation provided by the three
aeration tanks at Stepan Co., the
operational limits result in a potential to
emit VOC of 97.8 TPY, which is below
the 100 TPY non-CTG threshold. EPA is
proposing to approve this construction
permit as a revision to the Illinois SIP,
making the throughput limits federally
enforceable.
Based on the information that Illinois
provided, we agree that that these
sources either demonstrated RACT
equivalence or are below the 100 TPY
non-CTG major source threshold for
moderate areas. Therefore, the VOC
RACT SIP submittals for the Illinois
portion are approvable as meeting the
moderate VOC RACT requirements of
section 182(b)(2) of the CAA.
IV. What action is EPA taking?
EPA is proposing to approve negative
declarations, a VOC RACT certification,
and the Stepan Co. construction permit
submitted by Illinois as meeting the
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CAA section 182(b)(2) moderate RACT
requirements for the Illinois portion
under the 2008 8-hour ozone NAAQS.
V. Incorporation by Reference
In this rule, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
the Illinois construction permit for
Stepan Company’s Millsdale Plant,
issued October 30, 2020, as described in
section III. of this preamble. EPA has
made, and will continue to make, these
documents generally available through
www.regulations.gov and at the EPA
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
E:\FR\FM\07MYP1.SGM
07MYP1
Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Proposed Rules
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Volatile organic compounds.
Dated: May 3, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021–09686 Filed 5–6–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 10
[Docket No. FWS–HQ–MB–2018–0090;
FF09M21200–212–FXMB1231099BPP0]
RIN 1018–BD76
Regulations Governing Take of
Migratory Birds; Proposed Rule
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
On January 7, 2021, we, the
U.S. Fish and Wildlife Service (we, the
Service, or USFWS), published a final
rule defining the scope of the Migratory
Bird Treaty Act (MBTA) as it applies to
conduct resulting in the injury or death
of migratory birds protected by the
MBTA. We are now proposing to revoke
that rule for the reasons set forth below.
The effect of this proposed rule would
be to return to implementing the MBTA
SUMMARY:
VerDate Sep<11>2014
17:32 May 06, 2021
Jkt 253001
as prohibiting incidental take and
applying enforcement discretion,
consistent with judicial precedent.
DATES: We request public comments on
this proposed rule on or before June 7,
2021.
ADDRESSES: You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–HQ–MB–2018–0090, which
is the docket number for this action.
Then, click on the Search button. You
may submit a comment by clicking on
‘‘Comment Now!’’ Please ensure you
have located the correct document
before submitting your comments.
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–HQ–MB–2018–0090, U.S. Fish
and Wildlife Service, MS: JAO/3W,
5275 Leesburg Pike, Falls Church, VA
22041–3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments, below, for more
information).
FOR FURTHER INFORMATION CONTACT:
Jerome Ford, Assistant Director,
Migratory Birds, at 202–208–1050.
SUPPLEMENTARY INFORMATION: On
January 7, 2021, we published a final
rule defining the scope of the MBTA (16
U.S.C. 703 et seq.) as it applies to
conduct resulting in the injury or death
of migratory birds protected by the
MBTA (86 FR 1134) (hereafter referred
to as the ‘‘January 7 rule’’). The January
7 rule codified an interpretation of the
MBTA set forth in a 2017 legal opinion
of the Solicitor of the Department of the
Interior, Solicitor’s Opinion M–37050,
which concluded that the MBTA does
not prohibit incidental take.
As initially published, the January 7
rule was to become effective 30 days
later, on February 8, 2021. However, on
February 4, 2021, USFWS submitted a
final rule to the Federal Register
correcting the January 7 rule’s effective
date to March 8, 2021, to conform with
its status as a ‘‘major rule’’ under the
Congressional Review Act, which
requires a minimum effective date
period of 60 days, see 5 U.S.C. 801(a)(3)
and 804(2). The final rule extending the
effective date of the January 7 final rule
itself became effective when it was
made available for public inspection in
the reading room of the Office of Federal
Register on February 5, 2021 and was
published in the Federal Register on
February 9, 2021 (86 FR 8715). In that
PO 00000
Frm 00061
Fmt 4702
Sfmt 4702
24573
document, we also sought public
comment to inform our review of the
January 7 rule and to determine whether
further extension of the effective date is
necessary.
After further review, we decided not
to extend the effective date of the
January 7 rule beyond March 8. We
acknowledge that the January 7 rule will
remain in effect for some period of time
even if it is ultimately determined, after
notice and comment, that it should be
revoked. But, rather than extending the
effective date again, we believe that the
most transparent and efficient path
forward is instead to immediately
propose to revoke the January 7 rule.
This proposed rule provides the public
with notice of our current intent to
revoke the January 7 rule’s
interpretation of the MBTA that it does
not prohibit incidental take, subject to
our final decision after consideration of
public comments.
We have undertaken further review of
the January 7 rule and have determined
that the rule does not reflect the best
reading of the MBTA’s text, purpose,
and history. It is also inconsistent with
the majority of relevant court decisions
addressing the issue, including the
decision of the District Court for the
Southern District of New York that
expressly rejected the rationale offered
in the rule. The rule’s reading of the
MBTA also raises serious concerns with
a United States’ treaty partner, and for
the migratory bird resources protected
by the MBTA and underlying treaties.
Accordingly, we are proposing to revoke
the January 7 rule.
The MBTA statutory provisions at
issue in the January 7 rule have been the
subject of repeated litigation and
diametrically opposed opinions of the
Solicitors of the Department of the
Interior. The longstanding historical
agency practice confirmed in the earlier
Solicitor M-Opinion, M–37041, and
upheld by most reviewing courts, had
been that the MBTA prohibits the
incidental take of migratory birds
(subject to certain legal constraints). The
January 7 rule reversed these several
decades of past agency practice and
interpreted the scope of the MBTA to
exclude incidental take of migratory
birds. In so doing, the January 7 rule
codified Solicitor’s Opinion M–37050,
which itself had been vacated by the
United States District Court for the
Southern District of New York. This
interpretation focused on the language
of section 2 of the MBTA, which, in
relevant part, makes it ‘‘unlawful at any
time, by any means, or in any manner,
to pursue, hunt, take, capture, kill’’
migratory birds or attempt to do the
same. 16 U.S.C. 703(a). Solicitor’s
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]]>Agencies
[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Proposed Rules]
[Pages 24569-24573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09686]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2019-0031; FRL-10023-37-Region 5]
Air Plan Approval; Illinois; 2008 Ozone Moderate VOC RACT for
Chicago
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve volatile organic compound (VOC) reasonably available control
technology (RACT) State Implementation Plan (SIP) revisions for the
Illinois portion of the Chicago-Naperville, IL-IN-WI nonattainment area
(Illinois portion) under the 2008 8-hour ozone National Ambient Air
Quality Standard (``NAAQS'' or ``standard'') submitted by the Illinois
Environmental Protection Agency (``Illinois'' or ``Illinois EPA'') on
January 10, 2019 and supplemented on April 30, 2020. EPA is also
proposing to approve the Stepan Co. construction permit submitted by
Illinois on March 29, 2021 as a revision to the Illinois SIP. The
Illinois portion consists of Cook, DuPage, Kane, Lake, McHenry, and
Will Counties and portions of Grundy (Aux Sable and Goose Lake
Townships) and Kendall (Oswego Township) Counties. These VOC RACT SIP
submittals satisfy the moderate VOC RACT requirements of section
182(b)(2) of the Clean Air Act (CAA).
DATES: Comments must be received on or before June 7, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0031 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment.
[[Page 24570]]
The written comment is considered the official comment and should
include discussion of all points you wish to make. EPA will generally
not consider comments or comment contents located outside of the
primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Katie Mullen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-3490,
[email protected]. The EPA Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays and
facility closures due to COVID-19.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is EPA proposing?
II. What is the background for this action?
III. What is EPA's evaluation of Illinois' VOC RACT submittal?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is EPA proposing?
EPA is proposing to approve VOC RACT SIP revisions submitted by
Illinois on January 10, 2019 and supplemented on April 30, 2020. EPA is
also proposing to approve the Stepan Co. construction permit submitted
by Illinois on March 29, 2021 as a revision to the Illinois SIP, making
the throughput limits federally enforceable. These revisions satisfy
the moderate VOC RACT requirements of section 182(b)(2) of the CAA for
the Illinois portion under the 2008 8-hour ozone standard.
II. What is the background for this action?
VOCs contribute to the production of ground-level ozone, or smog,
which harms human health and the environment. Sections 172(c)(1) and
182(b)(2) of the CAA require states to implement RACT in ozone
nonattainment areas classified as moderate (and higher). Specifically,
these areas are required to implement RACT for all major VOC sources
and for all sources covered by a Control Techniques Guideline (CTG). A
CTG is a document issued by EPA which establishes a ``presumptive
norm'' for RACT for a specific VOC source category. States must submit
rules, or negative declarations when no such sources exist for CTG
source categories.
EPA's SIP Requirements Rule for the 2008 ozone NAAQS indicates that
states may meet RACT through the establishment of new or more stringent
requirements that meet RACT control levels, through a certification
that previously adopted RACT controls in their SIPs approved by EPA for
a prior ozone NAAQS also represent adequate RACT control levels for
attainment of the 2008 ozone NAAQS, or with a combination of these two
approaches. See 80 FR 12,264, 12,278-79 (Mar. 6, 2015). As stated
above, a state may submit a negative declaration in instances where
there are no CTG sources.
On June 11, 2012, EPA designated the Chicago-Naperville, IL-IN-WI
nonattainment area as a marginal nonattainment area for the 2008 ozone
NAAQS (77 FR 34221). The Illinois portion includes Cook, DuPage, Kane,
Lake, McHenry, and Will Counties and parts of Grundy and Kendall
Counties. On May 4, 2016, pursuant to section 181(b)(2) of the CAA, EPA
determined that the Chicago-Naperville, IL-IN-WI nonattainment area
failed to attain the 2008 ozone NAAQS by the July 20, 2015, marginal
area attainment deadline and thus reclassified the area from marginal
to moderate nonattainment (81 FR 26697). In that action, EPA
established January 1, 2017, as the due date for the state to submit
all moderate area nonattainment plan SIP requirements applicable to
newly reclassified areas. On August 23, 2019, pursuant to section
181(b)(2) of the CAA, EPA determined that the Chicago-Naperville, IL-
IN-WI nonattainment area failed to attain the 2008 ozone NAAQS by the
July 20, 2018, moderate area attainment deadline and thus reclassified
the area from moderate to serious nonattainment (84 FR 44238). In that
action, EPA established August 3, 2020 and March 23, 2021 as the due
dates for serious area nonattainment plan SIP submissions for newly
reclassified areas. This action only addresses the moderate VOC RACT
SIP submissions.
III. What is EPA's evaluation of Illinois' VOC RACT submittal?
Illinois previously addressed RACT requirements for the Illinois
portion under the 1979 and 1997 ozone standards (45 FR 11472, 52 FR
45333, 59 FR 46562, and 77 FR 16940). Illinois' VOC RACT rules for the
Illinois portion are contained in 35 Ill. Adm. Code Part 218 (Part
218). Illinois has evaluated the regulations previously approved by EPA
and determined that these rules continue to satisfy RACT requirements
under the 2008 ozone NAAQS.
The rules in Part 218 include rules addressing CTG categories
adopted by EPA through 2018 for which there are existing sources in the
Illinois portion. Negative declarations for other CTG categories are
detailed below.
Major non-CTG VOC sources, which are subject to RACT, are
stationary sources that have the potential to emit (PTE) at least 100
tons per year (TPY) of VOCs in moderate ozone nonattainment areas and
are not subject to the applicability criteria in the CTGs. Many major
non-CTG VOC sources located in the ozone nonattainment area that are
not subject to specific RACT rules are subject to generic RACT rules.
Thus, Illinois has met the obligation to implement RACT for many major
non-CTG VOC sources in the Illinois portion with SIP-approved
regulations under Part 218 subparts PP, QQ, RR, and TT.
Illinois has previously submitted several negative declarations for
CTG categories for which there were no applicable sources found in
Illinois that meet the applicability criteria for those CTGs. In those
cases, it was unnecessary to adopt new state rules and submit SIP
revisions to address those CTG categories. Illinois has determined that
these negative declarations are still valid and appropriate for the
CTGs for the Shipbuilding and Ship Repair Industry, Natural Gas/
Gasoline Processing Plants, Aerospace Manufacturing and Rework
Facilities, High-Density Polyethylene/Polypropylene Manufacturing,
Vegetable Oil Processing, and Oil and Natural Gas Industry.
Shipbuilding and Ship Repair Industry
On November 11, 1996, Illinois submitted to EPA a negative
declaration letter for the Ship Building and Ship Repair Industry. This
CTG applies to sources with potential emissions greater than or equal
to 25 tons of VOC per year for this category. Illinois determined that
there were no such sources in the Illinois portion of the nonattainment
area.
Illinois reviewed its most recent inventory to determine if any
sources fall under this category. Illinois found four sources that
required further review. All four of these sources are barge cleaning
sources with VOC emissions limitations under 25 TPY.
[[Page 24571]]
Therefore, the negative declaration is still valid and appropriate for
this CTG category.
Natural Gas/Gasoline Processing Plants
On November 14, 1985, Illinois submitted to EPA a negative
declaration letter for the Natural Gas/Gasoline Processing Plant
industry. Illinois determined that there were no sources of any size in
this source category in the Illinois portion.
Illinois reviewed its most recent inventory to determine if any
sources fall under this category. There were 35 sources that required
further review. One source (SIC 1321) does have emission units that
fall under the CTG. This source was built after Illinois' negative
declaration for this CTG category and is subject to the control
requirements in the New Source Performance Standard (NSPS) 40 CFR 60
subpart KKK Standards of Performance for Equipment Leaks of VOC from
Onshore Natural Gas Processing Plants. The NSPS standards and control
requirements are equivalent to or more stringent than the CTG
requirements.
The other 34 sources (SIC 4922, 4923, and 4924) are natural gas
pipelines that are used to transport gas across Illinois to nearby
states. None of these sources have emission units that fall under this
CTG category. Therefore, the negative declaration/RACT certification is
still valid and appropriate for the CTG category.
Aerospace Manufacturing and Rework Facilities
On October 11, 1996, Illinois submitted to EPA a negative
declaration letter for the Aerospace Manufacturing and Rework
Operations CTG. This CTG applies to sources in this category with
potential emissions greater than or equal to 25 tons of VOC per year.
Illinois determined that there were no such sources in the Illinois
portion.
Illinois reviewed its most recent inventory to determine if any
sources fall under this category. Illinois found 11 sources under SIC
codes 3728, 4512, 4581, and 9711. None of these sources have emission
units that fall under this CTG category. Therefore, the negative
declaration is still valid and appropriate for the CTG category.
High-Density Polyethylene, Polypropylene, and Polystyrene Resins
The Control of Volatile Organic Compound Emissions from Manufacture
of High-Density Polyethylene, Polypropylene, and Polystyrene Resins CTG
covers the manufacture of those three materials. Illinois previously
submitted a negative declaration to EPA that applied to two of those
materials, Polyethylene and Polypropylene, and certified that there
were no sources manufacturing those materials in the Illinois portion.
The third material, Polystyrene, is regulated by State RACT rules in
Part 218 subpart BB: Polystyrene Plants.
Illinois reviewed its most recent inventory and confirmed that no
sources fall under the four SIC codes (2821, 2822, 2823, and 2824) for
this CTG category for the manufacture of polyethylene and
polypropylene. There are two sources out of 11 under SIC 2821 that
manufacture polystyrene resin and are subject to Part 218 subpart BB
Polystyrene Plants, the current RACT rule in Illinois. Therefore, the
negative declaration/RACT certification is still valid and appropriate
for the CTG category.
Vegetable Oil Processing
Illinois determined there were no such sources in the Illinois
portion. Illinois reviewed its most recent inventory to determine if
any sources fall under this category and found one source that required
further review. This source is subject to the control requirements in
the NESHAP 40 CFR 63 subpart GGGG for Solvent Extraction for Vegetable
Oil Production.
The NESHAP standards for control are equivalent to or more
stringent than the outdated former CTG. Thus, the negative declaration/
RACT certification is still valid and appropriate.
Oil and Natural Gas Industry
On December 5, 2018 Illinois submitted to EPA a negative
declaration for the Oil and Natural Gas Industry, which is the subject
of the October 20, 2016 CTG. Illinois reviewed the Chicago-Naperville,
IL-IN-WI nonattainment area emission inventory and performed
assessments for sources and units that might require additional
regulation pursuant to the Oil and Gas CTG. Illinois found no oil or
gas producing wells, and found no sources or units affected by this CTG
in the Illinois portion for which a SIP revision is necessary to
achieve RACT level control. Most of the sources identified in the oil
and gas industry in the Illinois portion are involved exclusively in
the processing, transmission and distribution of oil and gas. Sources
and units that were found to be potentially affected by the Oil and Gas
CTG were found to be exempt and are already controlled by Federal and/
or State regulations that include requirements more stringent than the
CTG RACT requirements. Thus, the negative declaration/RACT
certification is valid.
Industrial Wastewater
EPA issued a draft CTG for the industrial wastewater category in
September 1992. However, because this CTG was never finalized,
industrial wastewater sources are considered to be non-CTG VOC sources.
Industrial wastewater is a category that is not covered by the Illinois
non-CTG VOC RACT rules.
On December 23, 1999, Illinois submitted to EPA a negative
declaration letter for the Illinois portion covering industrial
wastewater sources. At that time, Illinois determined that all sources
in the Illinois portion to which the draft CTG would be applicable were
covered by other regulations that were as stringent or more stringent
than the draft CTG. Those sources were two refineries and one chemical
plant that were subject to Federal regulations covering waste
operations.
Illinois reviewed its most recent inventory to determine if any
sources fall under the industrial wastewater category, including:
Organic chemicals, plastics, and synthetic fibers; pharmaceuticals;
pesticides manufacturing; petroleum refining; pulp, paper, and
paperboard mills; and hazardous waste treatment, storage, and disposal
facilities. Illinois found 54 sources that required further review.
Illinois examined each unit at these sources and the operating permits
of those sources to determine whether a source was a significant source
of wastewater or if the draft CTG was potentially applicable to a
source or unit. Of those 54 sources, it was determined that the draft
CTG would be applicable to only six sources. It was found that all
subject sources were covered under the NESHAP 40 CFR 63 subpart G, the
NESHAP 40 CFR 63 subpart FFFF, or by Part 218 subpart C, all of which
are equivalent or more stringent than the draft CTG.
EPA requested additional information for twelve industrial
wastewater sources that were identified as potentially being subject to
non-CTG VOC RACT based on historical emissions. On April 30, 2020,
Illinois submitted supplementary information demonstrating that either
the existing levels of control represent RACT (RACT equivalence) or
that the sources' potential to emit VOC are below the 100 TPY non-CTG
VOC moderate area major source threshold and thus the sources are not
subject to non-CTG VOC RACT.
The twelve sources that the EPA evaluated include the following
refineries and chemical plants: Ester
[[Page 24572]]
Solutions, Hexion Inc., INEOS Joliet, INEOS Styrolution America LLC,
Polynt Composites USA, Akzo Nobel, AbbVie, LyondellBasell, Exxon Mobil
Oil Corp., Citgo Petroleum, Koppers Inc., and Stepan Co.
Ester in Bedford Park, IL, Hexion in Bedford Park, IL, INEOS
Styrolution America LLC in Channahon, IL, and Polynt in
Carpentersville, IL are not subject to RACT because the PTE VOC from
each of these sources is less than 100 TPY.
The second INEOS source, INEOS Joliet, is also located in
Channahon, IL. The supporting documentation provided by INEOS Joliet
indicates that some of the wastewater streams are hard piped to two
emission points. These two emission points are a storage tank vent and
an anaerobic flare, each of which has a federally enforceable permitted
limit of 0.44 TPY. The remaining wastewater streams at this source are
directed through open sewers to the wastewater treatment system. After
considering the federally enforceable permitted limit, EPA calculated
the total PTE VOC to be 41.1 TPY, which is below the 100 TPY non-CTG
threshold.
Akzo Nobel is located in Morris, IL and has two wastewater emission
units. One unit is classified as an insignificant activity (less than
0.1 pounds per hour and less than 0.44 TPY) and the other unit is
required by a SIP-approved rule to route its VOC emissions to an
afterburner that achieves at least 85 percent control. After
considering this federally enforceable control, the total PTE VOC from
wastewater at Akzo Nobel was determined to be less than 1 TPY.
AbbVie in North Chicago, IL demonstrated RACT equivalence. Most of
its wastewater is taken off site for treatment. The remaining VOC-
containing wastewater streams are well controlled at the on-site
wastewater treatment plant. The requirements to conduct pretreatment
are federally enforceable through its Discharge Control Document, which
was issued by the publicly owned treatment works as required by its
National Pollutant Discharge Elimination System permit issued by
Illinois EPA. A comparison of controlled and uncontrolled emissions
demonstrated approximately 98 percent control of VOC from their
wastewater operations. EPA concluded that AbbVie is well controlled and
that this level of control represents RACT.
LyondellBasell is subject to the Miscellaneous Organic Chemical
Manufacturing NESHAP and Benzene Waste Operations NESHAP (BWON). After
considering these applicable NESHAPs, the EPA calculated the total PTE
VOC to be 20.38 TPY, which is below the 100 TPY non-CTG threshold.
Both Exxon Mobil Oil Corporation's Joliet Refinery and Citgo
Petroleum's Lemont Refinery demonstrated that potential VOC emissions
from sources at each facility not subject to a CTG are below the 100
TPY non-CTG threshold for moderate areas. Both refineries are subject
to the BWON NESHAP (40 CFR 61, subpart FF). After considering BWON
restrictions, the PTE VOC from refinery wastewater was calculated to be
75.3 TPY, which is below the 100 TPY non-CTG threshold. This value was
derived from BWON NESHAP's 6.0 megagrams per year benzene limit and
EPA's technology review in support of the recent amendments to the
Petroleum Refinery Sector Rule.
Koppers in Cicero, IL submitted a modeling demonstration for the
wastewater system at the plant. Environmental Resources Management,
Inc. modeled the Koppers wastewater treatment plant using a Toxchem
model to predict the annual PTE VOC. The total PTE VOC at Koppers was
estimated to be 2.25 TPY, which is far below the 100 TPY non-CTG
threshold.
Stepan Co. in Elwood, IL applied for a construction permit that
provides operational limits on throughput from upstream processes into
the wastewater stream. The operational limits on throughput are on the
masses of methanol and other VOC compounds in the wastewater, which
contribute to the VOC wastewater emissions. Biodegradation is also
required to meet the effluent limitation in the federally enforceable
National Pollutant Discharge Elimination System permit. After
considering the application of biodegradation provided by the three
aeration tanks at Stepan Co., the operational limits result in a
potential to emit VOC of 97.8 TPY, which is below the 100 TPY non-CTG
threshold. EPA is proposing to approve this construction permit as a
revision to the Illinois SIP, making the throughput limits federally
enforceable.
Based on the information that Illinois provided, we agree that that
these sources either demonstrated RACT equivalence or are below the 100
TPY non-CTG major source threshold for moderate areas. Therefore, the
VOC RACT SIP submittals for the Illinois portion are approvable as
meeting the moderate VOC RACT requirements of section 182(b)(2) of the
CAA.
IV. What action is EPA taking?
EPA is proposing to approve negative declarations, a VOC RACT
certification, and the Stepan Co. construction permit submitted by
Illinois as meeting the CAA section 182(b)(2) moderate RACT
requirements for the Illinois portion under the 2008 8-hour ozone
NAAQS.
V. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the Illinois construction permit for Stepan Company's
Millsdale Plant, issued October 30, 2020, as described in section III.
of this preamble. EPA has made, and will continue to make, these
documents generally available through www.regulations.gov and at the
EPA Region 5 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
[[Page 24573]]
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds.
Dated: May 3, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-09686 Filed 5-6-21; 8:45 am]
BILLING CODE 6560-50-P
