[Federal Register Volume 60, Number 65 (Wednesday, April 5, 1995)]
[Rules and Regulations]
[Pages 17229-17232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8219]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL92-1-6336a; FRL-5165-8]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The United States Environmental Protection Agency (USEPA)
approves Illinois' February 7, 1994, request to incorporate smaller
source permit rule amendments into the Illinois State Implementation
Plan (SIP). The purpose of these smaller source amendments is to lessen
the permitting burden on small sources and on the permitting authority
by reducing the frequency and/or the requirement for operating permit
renewal for sources emitting less than twenty-five tons per year total
of regulated air pollutants. 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 will be effective June 5, 1995 unless an adverse
comment is received by May 5, 1995. If the effective date of this
action is delayed due to adverse comments, timely notice will be
published in the Federal Register.
ADDRESSES: 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.
Copies of the Illinois submittal are available for public review
during normal business hours, between 8 a.m. and 4:30 p.m., at the
above address. 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
Protection Agency, 401 M Street, SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Genevieve Nearmyer, Permits and Grants
Section, Regulation Development Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois, 60604.
Telephone: (312) 353-4761.
SUPPLEMENTARY INFORMATION:
The USEPA is approving the smaller source amendments to Title 35:
Environmental Protection of the Illinois Administrative Code (35 IAC),
Subtitle B: Air Pollution, Chapter I: Pollution Control Board Parts 201
and 211 as received on February 10, 1994, as a requested SIP revision.
The purpose of the smaller source amendments is to lessen the
permitting burden on small sources and the permitting authority by
reducing the frequency and/or the requirement of operating permit
renewal for sources emitting less than 25 tons per year total of
regulated air pollutants. A permit obtained through the smaller source
operating permit rules would not necessarily expire within a five year
period as in other operating permit programs. The permit will continue
as a legally binding State document until the source modifies its
operations, withdraws its permit or becomes subject to a new applicable
requirement. At that time, the Illinois Environmental Protection Agency
(IEPA) will [[Page 17230]] determine whether or not the smaller source
permit rules are still a valid means of permitting the source and
either issue a revised small source operating permit or direct the
source in the appropriate permitting procedures. Small source operating
permits are not exempt from any other permit requirements such as
annual reporting and obtaining necessary construction permits. However,
since these permits will not go through a public comment period nor be
subjected to USEPA review, they will not be federally enforceable for
the purpose of limiting a source's potential to emit. See 54 FR 27281
(June 28, 1989). Consequently, they cannot be used for exemption from
the section 112, Title V Operating Permit Program or any other major
source requirements of the Act. With an estimated 6,000 sources
eligible for this program, much of the expense and administrative
burden of the operating permit renewal process would be eliminated. The
rationale for USEPA's approval is summarized in this rule. A more
detailed analysis is set forth in a technical support document which is
available for inspection at the Region 5 Office listed above.
The small source air permit program rules originated before the
Illinois Pollution Control Board (IPCB) on April 2, 1993. Two public
hearings were held: May 25, 1993 in Chicago and May 26, 1993 in DeKalb.
On July 22, 1993, the IPCB adopted the amended proposal pursuant to
comments received for first notice. On October 7, 1993, the IPCB
adopted and submitted to the Joint Committee on Administrative Rules
(JCAR) a second notice proposal. On November 16, 1993, JCAR stated they
had no objections to the rules. The rules became effective on December
7, 1993.
The following sections of part 201 have been changed to accommodate
the small source operating permit program.
Subpart D: Section 201.162 Duration
This section which was incorporated in the Illinois SIP at 40 CFR
52.720 (c)(84) on December 17, 1992 (57 FR 59928) had stated that the
duration of an operating permit is defined as being no longer than five
years but was changed to exempt sources subject to Subpart E of Part
201, the small source air permit program, from the limited permit life.
Subpart D: Section 201.163 Joint Construction and Operating Permits
Section 201.163 which was incorporated in the Illinois SIP at 40
CFR 52.720 (c)(84) on December 17, 1992 (57 FR 59928) had previously
stated that in cases where the construction of a source or air
pollution control equipment is sufficiently standard, the Illinois
Environmental Protection Agency (IEPA) may issue a joint construction
and operating permit valid for no longer than five years but was
changed to exempt sources subject to Subpart E of Part 201, the small
source air permit program, from the limited permit life.
The following rules have been added to Parts 201 and 211 to define
the terms of the small source operating permit program.
Subpart E: Section 201.180 Applicability
Sources are eligible for small source operating permits if their
total emissions of all regulated air pollutants are less than 25 tons
per year and are not subject to the title V operating permits program
under Section 39.5 of the Illinois Environmental Protection Act. Cases
where sources may appear to be eligible for the small source operating
permit program but are subject to title V include sources with the
potential to emit 10 tons per year of any one or 25 tons per year of an
aggregate of hazardous air pollutants as listed in Section 112(b) of
the Clean Air Act of 1990 or 25 tons per year of volatile organic
compounds or nitrous oxides in the severe ozone nonattainment areas,
specifically McHenry, Lake, Kane, Cook, Du Page, Will Counties and
Oswego Township in Kendall County and Aux Sable and Goose Lake
Townships in Grundy County of Illinois. If the source's potential to
emit is greater than the Act's major source thresholds such as those
mentioned above but the source's actual emissions are lower than the
thresholds, a federally enforceable limit on potential to emit would be
required to avoid title V operating permit requirements. A small source
operating permit is not federally enforceable for purposes of limiting
potential to emit because a public comment period and USEPA review are
not required and, therefore, the small source operating permit can not
be used to limit a source's potential to emit.
If the source is eligible for a small source operating permit and
its existing operating permit has not expired pursuant to a renewal
request from IEPA then, the permit will remain in effect until the
permit is superseded by a new or revised permit or it is withdrawn upon
the request of the permittee.
Sources obtaining a small source operating permit must still comply
with all rules in part 201 including, but not limited to, monitoring,
recordkeeping and annual reporting unless otherwise stated. If a source
modifies the method of operation or equipment or installs new emission
units a construction permit must be obtained pursuant to Parts 201 and
203 of 35 Illinois Administrative Code.
Subpart E: Section 201.181 Expiration and Renewal
A small source operating permit will terminate if a revised permit
is issued, if the permittee withdraws the permit or, 180 days after
IEPA sends a request for renewal.
A request for renewal of an operating permit may be sent to a
source in cases where there has been a change in requirements
applicable to the source, verification of application accuracy, or
suspicion of noncompliance. Renewal procedures will use the existing
rules for air permit processing found in Subpart D and for revocation
and revision rules found in Subpart F of 35 Illinois Administrative
Code 201.
Appeals to the IPCB may only be made within 35 days of a final
determination by IEPA. Final determinations include denial of a permit,
issuance of a permit with conditions, or an incomplete application
determination. A request for renewal notice is not grounds for an
appeal.
Subpart E: Section 201.187 Requirement of a Revised Permit
The permittee has the obligation to obtain a new or revised permit
prior to the operational changes. Changes are considered to be
increases in emissions in excess of the permitted emissions, a
modification as defined at 35 Illinois Administrative Code 201.102,
changes in operations that violate an existing permit condition, or a
change in ownership, company name, or address. If a revised permit is
not obtained the source remains subject to the existing operating
permit and may be in violation of the obligation to apply for a new or
revised permit. If the operational changes remove the source from the
applicability of the small source air permit program, the permittee
shall apply for a revised permit under subpart D of part 201 or under
section 39.5 of the Illinois Environmental Protection Act.
Subpart B: Section 211.5500 Regulated Air Pollutant
The definition of regulated air pollutant which was incorporated in
the Illinois SIP at 40 CFR 52.720(c)(100) on September 9, 1994 (59 FR
46562) has been changed to reflect the definition in 40 CFR part 70.
The definition of regulated air pollutant as it pertains to the
applicability of a small source eligible for a small source operating
[[Page 17231]] permit has been changed to incorporate any air
contaminant that is regulated by the air pollution subtitle.
When summing the source's emissions it is IEPA's intention to focus
on the five criteria pollutants; nitrogen oxides, sulfur dioxides,
particulate matter, volatile organic compounds, and carbon monoxides.
This is to avoid double counting of pollutants which fall under both
the hazardous air pollutant category and either the volatile organic
compound or particulate matter category in the 25 ton per year
applicability cut-off. This method of accounting for emissions does not
relieve the source of the obligation of accounting for hazardous air
pollutants emissions for title V applicability purposes.
Final Rulemaking Action
This permitting program was designed to alleviate the permitting
burden on IEPA. Since it is IEPA's intention to permit all sources
within the state, this program will allow IEPA more time to spend on
the larger sources by greatly reducing the number of smaller source
permits that must be renewed every five years. These permits can also
be processed much faster without the public comment and USEPA review
requirements. The trade-off for the faster processing time is that the
small source operating permits can not be used for sources requiring
federally enforceable permits for such things as limiting their
potential to emit below the major source thresholds. This permitting
program does not exempt sources from other permit requirements such as
annual reporting and obtaining construction permits thus allowing IEPA
to maintain oversight of the smaller sources. IEPA also has the
authority to require a source to apply for renewal of its permit if
there has been a change in requirements applicable to the source, IEPA
wishes to verify application accuracy, or IEPA suspects noncompliance.
For the reasons stated above, USEPA is approving the State's
request to incorporate small source permit rules into the Illinois SIP.
The specific rules being approved are as follows: Sections 201.162
Duration, 201.163 Joint Construction and Operating Permits, 201.180
Applicability, 201.181 Expiration and Renewal and 211.5500 Regulated
Air Pollutant.
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 5, 1995 unless adverse or critical comments
are received by May 5, 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 5, 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 or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to any SIP shall be
considered separately 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 economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
The SIP approvals under section 110 and subchapter I, part D, of
the Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, I certify
that it does not have a significant impact on small entities. 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 State action. The
Act forbids the USEPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66
(1976).
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 5, 1995. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purpose of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Nitrogen dioxide, Ozone,
Particulate matter, Sulfur dioxide, Volatile organic compounds.
Dated: February 24, 1995.
Valdas V. Adamkus,
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)(105) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c)* * *
(105) On February 7, 1994, the State submitted revisions intended
to create a permit program for small sources. The purpose of these
revisions is to lessen the permitting burden on small sources and the
permitting authority by reducing the frequency and/or the requirement
of operating permit renewal for sources emitting a total of less than
25 tons per year of regulated air pollutants. A permit obtained through
these procedures is intended to continue as a legally binding State
document until the source modifies its operations, withdraws its permit
or becomes subject to a new applicable requirement. At that time, the
State will determine whether the small source procedures continue to be
appropriate and issue a revised small source permit [[Page 17232]] or
direct the source in following the correct permit procedures. Since
small source permits are not subject to a public comment period or
review by USEPA, they are not federally enforceable and cannot be used
to limit sources' potential to emit and thereby exempt them from the
requirements of the title v operating permit program.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board.
(A) Subchapter a: Permits and General Provisions, Part 201: Permits
and General Provisions.
(1) Subpart D: Permit Applications and Review Process, Section
201.162 Duration and Section 201.163 Joint Construction and Operating
Permits. Amended at 17 Ill. Reg., effective December 7, 1993.
(2) Subpart E: Special Provisions for Operating Permits for Certain
Smaller Sources, Section 201.180 Applicability, Section 201.181
Expiration and Renewal and Section 201.187 Requirement for a Revised
Permit Added at 17 Ill. Reg., effective December 7, 1993.
(B) Subchapter C: Emission Standards and Limitations for Stationary
Sources, Part 211: Definitions and General Provisions, Subpart B:
Definitions, Section 211.5500 Regulated Air Pollutant. Adopted at 17
Ill. Reg., effective December 7, 1993.
[FR Doc. 95-8219 Filed 4-4-95; 8:45 am]
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