[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)]
[Rules and Regulations]
[Pages 49778-49781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23958]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL78-2-6839; FRL-5274-9]
Final Promulgation of Revisions to the New Source Review State
Implementation Plan; Illinois
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Final rule.
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SUMMARY: The USEPA approves a requested State Implementation Plan (SIP)
revision submitted by the State of Illinois for the purpose of meeting
requirements of the Clean Air Act, as amended in 1990 (amended Act)
with regard to new source review (NSR) in areas that have not attained
the National ambient air quality standards (NAAQS). The requested
revision was submitted by the State to satisfy certain Federal
requirements for an approvable nonattainment new source review SIP for
Illinois.
EFFECTIVE DATE: October 27,1995.
ADDRESSES: Copies of the State's submittal and other information are
available for inspection during normal business hours at the following
location:
United States Environmental Protection Agency, Region 5, Air and
Radiation Division, Regulation Development Branch, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
A copy of these SIP revisions is available for inspection at the
following location:
Office of Air and Radiation (OAR) Docket and Information Center
(Air Docket 6102), room M1500, United States Environmental Protection
Agency, 401 M Street SW., Washington, DC 20460, (202) 260-7548.
FOR FURTHER INFORMATION CONTACT: Jennifer Buzecky, Environmental
[[Page 49779]]
Protection Specialist, or Genevieve Nearmyer, Environmental Engineer,
Permits and Grants Section, Regulation Development Branch (AR-18J),
United States Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
Anyone wishing to come to the Region 5 offices should first contact
Ms. Buzecky at (312) 886-3194 or Ms. Nearmyer at (312) 353-4761.
Reference file IL78-2-6839.
SUPPLEMENTARY INFORMATION:
I. Background
The air quality planning requirements for nonattainment NSR are set
out in part D of title I of the Clean Air Act (Act). The USEPA has
issued a ``General Preamble'' describing its preliminary views on how
USEPA intends to review SIPs and SIP revisions submitted under part D,
including those State submittals containing nonattainment area NSR SIP
requirements (see 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April
28, 1992)). Because USEPA is describing its interpretations here only
in broad terms, the reader should refer to the General Preamble for a
more detailed discussion of the interpretations of part D advanced in
this proposal and the supporting rationale. The USEPA is currently
developing a proposed rule to assist the implementation of the changes
under the amended Act in the new source review provisions in parts C
and D of title I of the Act. The USEPA anticipates that the proposed
rule will be published for public comment in mid-1995. If USEPA has not
taken final action on States' NSR submittals by that time, USEPA may
refer to the proposed rule as the most authoritative guidance available
regarding the approvability of the submittals. USEPA expects to take
final action to promulgate a rule to implement the parts C and D
changes sometime during 1995. Upon promulgation of those regulations,
USEPA will review the NSR SIPs of all States to determine whether
additional SIP revisions are necessary.
Prior to USEPA approval of a State's NSR SIP submission, the State
may continue permitting only in accordance with the new statutory
requirements for permit applications completed after the relevant SIP
submittal date. This policy was explained in transition guidance
memoranda from John Seitz dated March 11, 1991 and September 3, 1992.
As explained in the March 11 memorandum, USEPA does not believe
Congress intended to mandate the more stringent title I NSR
requirements during the time provided for SIP development. States were
thus allowed to continue to issue permits consistent with requirements
in their current NSR SIPs during that period, or apply 40 CFR part 51,
appendix S for newly designated areas that did not previously have NSR
SIP requirements.
The September 3 memorandum also addressed the situation where
States did not submit the part D NSR SIP requirements or revisions by
the applicable statutory deadline. For permit applications found
complete by the SIP submittal deadline, States may issue final permits
under the prior NSR rules, assuming certain conditions in the September
3 memorandum are met. However, for applications completed after the SIP
submittal deadline, USEPA will consider the source to be in compliance
with the Act only where the source obtains from the State a permit that
is consistent with the substantive new NSR part D provisions in the
amended Act. USEPA believes this guidance continues to apply to
permitting pending final action on NSR SIP submittals.
In a September 23, 1994, Federal Register document, USEPA proposed
approval with a contingency, and disapproval in the alternative, of
Illinois' NSR SIP submittal. 59 FR 48839. The USEPA received public
comment on the proposal, and compiled a Technical Support Document
(TSD) which describes the State's correction of the existing
deficiencies contained in its NSR submittal. In this document, USEPA is
taking final action to promulgate approval of Illinois' NSR SIP
requirements.
II. Final Action and Implications
A. Analysis of State Submission
The USEPA received comments from one organization supporting
USEPA's proposal. A copy of this comment is available in a document
contained in the docket at the address noted in the ADDRESSES section
above.
In USEPA's proposal, USEPA explained that the Illinois NSR
submittal contained a deficiency for which USEPA proposed approval of
the State's requested SIP revision with a contingency and a proposed
disapproval in the alternative. This deficiency was due to written
interpretations of section 203.209(b) adopted by the State in an
attempt to implement the amended Act's special provisions for serious
and severe ozone nonattainment areas, section 182(c)(6)-(8). The
interpretations adopted by the State were deficient in that they did
not ensure the Federal enforceability of any future emission reductions
used for netting credits and failed to account for all emission
increases occurring during the contemporaneous period. Because the
language of the rule was itself approvable, USEPA proposed to approve
section 203.209(b) adopted by the State contingent upon the State's
withdrawal of its interpretations of section 203.209(b). For further
explanation of USEPA's rationale see proposal. 59 FR 48841-48842.
On November 10, 1994, Bharat Mathur, the Illinois Environmental
Protection Agency (IEPA) Chief of the Bureau of Air, sent a letter to
USEPA committing to the withdrawal of the above-mentioned
interpretations. On February 2, 1995, the IEPA and the Illinois
Environmental Regulatory Group filed a Joint Motion to Reconsider the
Board Opinion and Order of April 22, 1993. The motion requested that
the Board strike from the Opinion and Order its interpretation of
section 203.209(b) of the Amended Rule.
On February 16, 1995, the correction of the deficiencies in section
203.209(b) became effective upon the Board's adoption of a Final
Opinion and Order upon Reconsideration. Because the State withdrew the
interpretation of section 203.209(b) adopted previously by the Board,
the State has corrected the deficiency in its NSR SIP submittal. USEPA,
therefore, can finally approve the State's NSR SIP.
In addition to the above deficiency, the proposal discussed
additional changes of consequence to the State's NSR SIP. One such
change is the substitution of a plantwide definition of source for a
dual definition of stationary source. As explained in the proposal,
this change will not affect the State's ability to eventually achieve
attainment. 59 FR 48843. USEPA is also approving the switch from a dual
to plantwide definition of stationary source.
One additional issue of importance is the applicability of control
requirements for major stationary sources of particulate matter (PM)
also applying to major stationary sources of PM precursors. If USEPA
determines that major stationary sources of PM precursors do not
significantly contribute to PM levels that exceed the NAAQS, then
section 189(e) of the Act would no longer require NSR on major
precursor sources. As explained in the proposal, 59 FR 48842, USEPA
promulgated a final rule on October 21, 1993, finding that precursors
do not significantly contribute to PM concentrations in the LaSalle
nonattainment area, and proposed a rulemaking on May 25, 1994,
asserting that precursors do not significantly contribute to PM
concentrations in the remaining three PM nonattainment areas of
Illinois: McCook, Lake Calumet
[[Page 49780]]
and Granite City. (See 58 FR 54291 for final PM rulemaking in LaSalle
nonattainment area; 59 FR 26988 for proposed PM rulemaking in McCook,
Lake Calumet and Granite City). The McCook proposal was finalized since
this rulemaking on November 18, 1994. (See 59 FR 59653 for final PM
rulemaking in McCook, Lake Calumet and Granite City). Because these two
rulemakings evidence that PM precursors do not significantly contribute
to PM concentrations in all four PM nonattainment areas of the State,
USEPA is approving that NSR is no longer required on major PM precursor
sources in the State of Illinois.
B. Final Actions
As stated above, the Illinois NSR submittal contained a deficiency
for which USEPA proposed approval of the State's requested SIP revision
with a contingency and a proposed disapproval in the alternative. USEPA
approves Illinois' NSR submittal based upon the February 16, 1995,
Board withdrawal of all interpretations of section 203.209(b). USEPA
also approves the State's substitution of a plantwide definition of
stationary source for a dual source definition and approves the State's
ability to no longer require NSR on major PM precursor sources. USEPA
approves all elements of the State's NSR SIP submitted to comply with
the amended Act.
III. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989(54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) 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 the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
IV. Regulatory Flexibility
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 entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the Act
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, 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 State action. The
Act forbids USEPA to base its actions concerning SIP's on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct 1976); 42
U.S.C. 7410(a)(2).
V. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, USEPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribunal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, USEPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires USEPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
USEPA has determined that the final approval action promulgated
today does not include a Federal mandate that may result in estimated
costs of $100 million or more to either State, local, or tribal
governments in the aggregate, or to the private sector. This Federal
action approves pre-existing requirements under State or local law, and
imposes now new Federal requirements. Accordingly, no additional costs
to State, local, or tribal governments, or to the private sector,
result from this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile organic compounds.
Dated: July 27, 1995.
Robert Springer,
Acting Regional Administrator.
For the reasons set out in the preamble, part 52, chapter I, title
40 of the Code of Federal Regulations is amended to read 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--llinois
2. Section 52.720 is amended by adding paragraph (c) (113) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(113) On April 27, 1995, the Illinois Environmental Protection
Agency requested a revision to the Illinois State Implementation Plan
in the form of revisions to the State's New Source Review rules for
sources in the Chicago and metropolitan East St. Louis ozone
nonattainment areas and are intended to satisfy Federal requirements of
the Clean Air Act as amended in 1990. The State's New Source Review
provisions are codified at Title 35: Environmental Protection Subtitle
B: Air Pollution, Chapter I: Pollution Control Board, Subchapter a:
Permits and General Provisions. Part 203 Major Stationary Sources
Construction and Modification is amended as follows:
(i) Incorporation by reference.
(A) Title 35: Environmental Protection, Subpart A: General
Provisions, Section 203.101 Definitions, Section 203.107 Allowable
Emissions, Section 203.110 Available Growth Margin, Section 203.112
Building, Structure and Facility, Section 203.121 Emission Offset,
Section 203.122 Emissions Unit, Section 203.123 federally Enforceable,
Section 203.126 Lowest Achievable Emission Rate, Section 203.128
Potential to Emit, Section 203.145 Volatile Organic Material, Section
203.150 Public Participation. Effective April 30, 1993.
(B) Title 35: Environmental Protection, Subpart B: Major Stationary
Sources in Nonattainment Areas, Section 203.201 Prohibition, Section
203.203 Construction Permit Requirement and Application, Section
203.206 Major Stationary Source, Section 203.207 Major Modification of
a
[[Page 49781]]
Source, Section 203.208 Net Emission Determination, Section 203.209
Significant Emissions Determination. Effective April 30, 1993.
(C) Title 35: Environmental Protection, Subpart C: Requirements for
Major Stationary Sources in Nonattainment Areas, Section 203.301 Lowest
Achievable Emission Rate, Section 203.302 Maintenance of Reasonable
Further Progress and Emission Offsets, Section 203.303 Baseline and
Emission Offsets Determination, Section 203.306 Analysis of
Alternatives. Effective April 30, 1993.
(D) Title 35: Environmental Protection, Subpart H: Offsets for
Emission Increases From Rocket Engines and Motor Firing, Section
203.801 Offsetting by Alternative or Innovative Means. Effective April
30, 1993. Published in the Illinois Register, Volume 17, Issue 20, May
14, 1993.
[FR Doc. 95-23958 Filed 9-26-95; 8:45 am]
BILLING CODE 6560-50-F
