[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Rules and Regulations]
[Pages 2423-2428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1297]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL18-6-6516a; FRL-5334-2]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: On October 21, 1993, and March 4, 1994, the Illinois
Environmental Protection Agency (IEPA) submitted to the USEPA volatile
organic compound (VOC) rules that were intended to satisfy part of the
requirements of section 182(b)(2) of the Clean Air Act (Act) amendments
of 1990. Specifically, these rules provide control requirements for
certain major sources not covered by a Control Technique Guideline
(CTG) document. These non-CTG VOC rules apply to sources in the Chicago
ozone nonattainment area which have the potential to emit 25 tons of
VOC per year. These rules provide an environmental benefit due to the
imposition of these additional control requirements. IEPA estimates
that these rules will result in VOC emission reductions, from 119
industrial plants, of 2.78 tons per day. The rationale for the approval
is set forth in this final rule; additional information is available at
the address indicated below. Elsewhere in this Federal Register USEPA
is proposing approval and soliciting public comment on this requested
revision to the Illinois State implementation plan (SIP). If adverse
comments are received on this direct final rule, USEPA will withdraw
the final rule and address the comments received in a new final rule.
Unless this final rule is withdrawn, no further rulemaking will occur
on this requested SIP revision.
DATES: This final rule is effective March 26, 1996 unless adverse
comments are received by February 26, 1996. If the effective date is
delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments can be mailed to: J. Elmer Bortzer, Chief,
Regulation Development Section, Regulation Development Branch (AR-18J),
Air and Radiation Division, U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Copies of the SIP revision request are available for inspection at
the following address: (It is recommended that you telephone Steven
Rosenthal at (312) 886-6052, before visiting the Region 5 office.) U.S.
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Regulation
Development Branch (AR-18J), (312) 886-6052.
SUPPLEMENTARY INFORMATION:
Background
On June 29, 1990, USEPA promulgated a Federal implementation plan
(FIP) for the six counties in the Chicago metropolitan area: Cook, Du
Page, Kane, Lake, McHenry, and Will. 55 FR 26818, codified at 40 CFR
52.741. This FIP required that certain VOC sources comply with
reasonably available control technology (RACT) requirements.
Under the Act as amended in 1977, ozone nonattainment areas were
required to adopt reasonably available control technology (RACT) for
sources of VOC emissions. USEPA issued three sets of control technique
guidelines (CTGs) documents, establishing a ``presumptive norm'' for
RACT for various categories of VOC sources. The three sets of CTGs were
(1) Group I--issued before January 1978 (15 CTGs); (2) Group II--issued
in 1978 (9 CTGs); and (3) Group III--issued in the early 1980's (5
CTGs). Those sources not covered by a CTG were called non-CTG sources.
USEPA determined that the area's SIP-approved attainment date
established which RACT rules the area needed to adopt and implement.
Those areas (including the Chicago area) that sought an extension of
the attainment date under section 172(a)(2) to as late as December 31,
1987, were required to adopt RACT for all CTG sources and for all major
(100 tons per year or more of VOC emissions under the pre-amended Act)
non-CTG sources.
Section 182(b)(2) of the Act as amended in 1990 (amended Act)
requires States to adopt reasonably available control technology (RACT)
rules for all areas designated nonattainment for ozone and classified
as moderate or above. There are three parts to the section 182(b)(2)
RACT requirement: (1) RACT for sources covered by an existing CTG--
i.e., a CTG issued prior to the enactment of the amended Act of 1990;
(2) RACT for sources covered by a post-enactment CTG; and (3) all major
sources not covered by a CTG. These section 182(b)(2) RACT requirements
are referred to as the RACT ``catch-up'' requirements.
The amended Act requires USEPA to issue CTGs for 13 source
categories by November 15, 1993. A CTG was published by this date for
two source categories--Synthetic Organic Chemical Manufacturing
Industry (SOCMI) Reactors and Distillation; however, the CTGs for the
remaining source categories have not been completed. The amended Act
requires States to submit rules for sources covered by a post-enactment
CTG in accordance with a schedule specified in a CTG document.
Accordingly, States must submit a RACT rule for SOCMI reactor processes
and distillation operations before March 23, 1994.
The USEPA created a CTG document as Appendix E to the General
Preamble for the Implementation of Title I of the Clean Air Act
Amendments of 1990. (57 FR 18070, 18077, April 28, 1992). In Appendix
E, USEPA interpreted the Act to allow a State to submit a non-CTG rule
by November 15, 1992, or to defer submittal of a RACT rule for sources
that the State anticipated would be covered by a post-enactment CTG,
based on the list of CTGs USEPA expected to issue to meet the
requirement in section 183. Appendix E states that if USEPA fails to
issue a CTG by November 15, 1993 (which it did for 11 source
categories), the responsibility shifts to the State to submit a non-CTG
RACT rule for those sources by November 15, 1994. In accordance with
section 182(b)(2), implementation of that RACT rule should occur by May
31, 1995.
[[Page 2424]]
On October 21, 1993, and March 4, 1994, IEPA submitted VOC rules
for the Chicago ozone severe nonattainment area.1 The rules
submitted on March 4, 1994, include both new rules and revisions to the
rules that were submitted on October 21, 1993. Those sections contained
in the March 4, 1994, submittal supersede the same sections in the
October 21, 1993, submittal. These rules were intended to satisfy, in
part, the major non-CTG control requirements of section 182(b)(2).
These ``catch-up'' rules lower the applicability cutoff for major non-
CTG sources from 100 tons VOC per year to 25 tons VOC per year. This
cutoff was lowered because section 182(d) of the amended Act defines a
major source in a severe ozone nonattainment area as a source that
emits 25 tons or more of VOC per year. However, this March 4, 1994,
submittal does not include major non-CTG regulations for the 11 source
categories for which USEPA expected to issue CTGs to satisfy section
183, but did not. As stated previously, Illinois is required to adopt
and submit RACT regulations by November 1994 for these 11 source
categories.
\1\ The Chicago severe ozone nonattainment area consists of
Cook, Du Page, Kane, Lake, McHenry, and Will Counties and Aux Sable
Township and Goose Lake Township in Grundy County and Oswego
Township in Kendall County.
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Evaluation of Rules
Subpart B: Definitions
Illinois has added 18 definitions to Subpart B. All but one of
these definitions apply to new rules for ``Polyester Resin Product
Manufacturing Process,'' ``Aerosol Can Filling,'' and ``Leather
Coating.'' These definitions accurately describe the specified terms
and are necessary for implementation of these three rules. These
definitions are therefore approvable.
Illinois has also added a definition of ``potential to emit''
(PTE). This term is used to establish the applicability cutoff for the
major non-CTG ``catch-up'' rules described in the following part of
this notice. PTE is defined as ``the maximum capacity of a stationary
source to emit any air pollutant under its physical and operational
design. Any physical or operational limitation on the capacity of a
source to emit an air pollutant, including air pollution control
equipment and restriction on hours of operation or on the type or
amount of material combusted, stored, or processed, shall be treated as
part of its design if the limitation is federally enforceable.'' This
definition is acceptable for establishing applicability and for
establishing federally enforceable restrictions for the purpose of
allowing a source to avoid applicability. This definition is therefore
approvable.
Subpart A: General Provisions
Section 218.106 Compliance Dates--A new subsection 218.106(c) is
added which provides a compliance date of March 15, 1995, for newly
subject 25 ton per year VOC sources. This subsection is approvable
because this date is prior to May 31, 1995, the implementation date
that is specified in section 182(b)(2) for major non-CTG sources.
Section 218.108 Exemptions, Variations, and Alternative Means of
Control or Compliance Determinations--Subsection 218.108(b) allows
equivalent alternative control plans and test methods to be established
in a federally enforceable permit. This provision allows Illinois to
revise its control requirements and test methods through a federally
enforceable state operating permit (FESOP) or Title V (of the Act)
operating permit. The application of this section is discussed in
subsequent parts of these rules.
Section 218.113 Compliance with Permit Conditions--This section
requires sources to comply with their permit requirements and is
therefore approvable.
Section 218.402 Applicability--This section contains a 25 tons per
year PTE cutoff (in addition to a 100 ton maximum theoretical emissions
2 (MTE) cutoff) for flexographic and rotogravure printing sources
as required by the new major source definition applicable in severe
ozone nonattainment areas. In addition, this section allows sources to
avoid the applicability of specified printing rules, provided a source
has a federally enforceable permit that limits emissions to below the
applicable cutoff through capacity or production limitations. This use
of federally enforceable permits is approvable because USEPA can deem a
permit to be ``not federally enforceable'' in a letter to IEPA. Upon
issuance of such a letter, the source is no longer protected by this
permit. The source would then be subject to the SIP requirements if its
emissions exceed the applicable cutoffs. This is consistent with
USEPA's December 17, 1992, approval of Illinois' operating permit
program which states: ``In approving the State operating program USEPA
is determining that Illinois' program allows USEPA to deem an operating
permit not `federally enforceable' for purposes of limiting potential
to emit and offset credibility.'' (57 FR 59928, 59930). IEPA has agreed
to this approach and specified the applicable procedures in a March 26,
1993, letter to USEPA. This section is therefore approvable because it
adds a cutoff consistent with the requirements of the amended Act and
because USEPA can invalidate the protection provided by an operating
permit by deeming such operating permit to be ``not federally
enforceable `` in a letter to IEPA.
\2\ ``Maximum theoretical emissions'' means the quantity of
volatile organic material that theoretically could be emitted by a
stationary source before add-on controls based on the design
capacity or maximum production capacity of the source and 8760 hours
per year. The design capacity or maximum production capacity
includes use of coating(s) or ink(s) with the highest volatile
organic material content actually used in practice by the source,
provided, however, the Agency shall, when appropriate, and upon
request by the permit applicant, limit the ``maximum theoretical
emissions'' of a source by the imposition of conditions in a
federally enforceable operating permit for such source. Such
conditions shall not be inconsistent with requirements of the Clean
Air Act, as amended, or any applicable requirements established by
the Board. Such conditions shall be established in place of design
capacity or maximum production capacity in calculating the ``maximum
theoretical emissions'' for such source and may include, among other
things, the establishment of production limitations, capacity
limitations, or limitations on the volatile organic material content
of coatings or inks, or the hours of operation of any emission unit,
or a combination of any such limitations. Production or capacity
limitations shall be established on a basis of no longer than one
month except in those cases where a limit spanning a longer period
of time is appropriate. In such cases, a limit or limitation must
not exceeed an annual limit rolled on a basis of at most a month:
that is, for example, a monthly production or a capacity level must
be determined for each parameter subject to a production or capacity
limitation and added to the eleven prior monthly levels for monthly
comparison with the annual limit. Any production or capacity
limitations shall be verified through appropriate recordkeeping.
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Section 218.611 Applicability for Petroleum Solvent Dry Cleaners--
The above discussion in section 218.402, for flexographic and
rotogravure printing sources, applies to this section for petroleum
solvent dry cleaners.
Section 218.620 Applicability--This section contains a 25 tons per
year PTE cutoff (in addition to a 100 ton MTE cutoff) for paint and ink
manufacturing sources as required by the new major source definition
applicable in severe ozone nonattainment areas and is therefore
approvable.
Subpart CC: Polyester Resin Product Manufacturing Process--This new
rule applies to a source's polyester resin products manufacturing
process emission units and the associated handling of materials,
cleanup activity, and formulation activity at sources with MTE of less
than 100 tons. The control requirements consist of any of the
following: (1) The use of polyester resin material with specified
monomer contents; (2) the use of a closed-mold or
[[Page 2425]]
pultrusion system which will result in less than 4% weight loss of
polyester resin materials; (3) the use of vapor suppressed polyester
resin approved by IEPA in the source's permit such that weight loss
from VOC emissions does not exceed 60 grams per square meter of exposed
surface area during molding; or (4) the use of any materials or
processes demonstrated to the satisfaction of IEPA to achieve VOC
emission levels equivalent to any of the above control techniques. This
alternative must be approved by IEPA and USEPA in a federally
enforceable permit or as a SIP revision. An analysis of alternative
equivalent control plans is contained below within the discussion of
Subparts PP, QQ, RR, and TT. This rule also includes work practices
(such as use of closed containers) and regulates the use of cleaning
materials. Section 218.668(a)(3)(C), 218.668(a)(4)(D) and
218.668(a)(5)(C), allow for the determination of specified control
requirements ``By site-specific sampling and analysis methods approved
by the Agency and USEPA in a federally enforceable permit.'' The
procedures for USEPA's review and approval of these alternative test
methods are specified in a September 13, 1995, letter from the Illinois
Environmental Protection Agency to Region 5 of the USEPA. The emission
limits contained in this rule are very similar to the emission limits
contained in Rule 1162 for Polyester Resin Operations that was revised,
in May 1994, by the South Coast Air Quality Management District--which
covers the Los Angeles area. Rule 1162 was approved by USEPA on August
25, 1994 (59 FR 43571). Illinois' Polyester Resin Product Manufacturing
Process rule is therefore approvable.
Subpart DD: Aerosol Can Filling--This new rule applies to a
source's aerosol can filling lines if the source's MTE is less than 100
tons and it has a PTE equal or greater than 25 tons VOC per year.
Aerosol can filling lines can comply by one of the following options:
(1) Use of add-on control which achieves an overall reduction of 81%;
or (2) (A) Use of through-the-valve (TTV) fill or enhanced under-the-
cup (UTC) fill to minimize loss of VOC propellent; or use of another
system approved in a federally enforceable permit which achieves at
least 75% reduction of the emissions of UTC fill; (B) Fill on a monthly
basis at least 90% of cans filled on such aerosol can filling lines
that are capable of being filled by the TTV method with TTV fill. TTV
filling causes only 15% to 25% of the emissions from UTC (the standard
method of filling cans) and is considered to be RACT. Based on
discussions with IEPA, the two aerosol can filling sources that have
been identified as emitting over 25 tons VOC per year either are or
will be controlled as follows: CCL Custom Manufacturing will be
installing an incinerator and will therefore comply with the 81%
overall control requirement and Chase Products Company is filling 90%
of its cans with TTV. Therefore this rule satisfies the requirement for
RACT on aerosol filling operations.
Section 218.926(b)(2) consists of a new set of control requirements
which apply to a source's leather coating operations if the source's
MTE is less than 100 tons and it has a PTE of 25 tons VOC per year or
greater. These control requirements are: (A) For the application of
stain coating to leather, other than specialty leather, the VOC
contained in the subject coatings shall not exceed 10 tons in any
consecutive 12-month period or the application of such coatings shall
comply with (C) below; (B) For the application of coatings to specialty
leather, the total VOC content of all coatings, including stains, as
applied to a category of specialty leather, shall not exceed 38 lbs per
1000 square feet of such specialty leather produced, determined on a
monthly basis;or (C) The daily-weighted average VOC content shall not
exceed 3.5 lbs VOC/gallon of coating as applied. A daily-weighted
average of 3.5 lbs VOC per gallon has previously been established as
RACT by USEPA for major non-CTG coating sources and a 38 lbs VOC per
1000 square feet limit is contained in Wisconsin's leather coating
rules which has been approved as RACT by USEPA. IEPA justified its 10
ton exemption for stains by explaining that use of high VOC content
stain is needed for some natural leathers. Even when a stain with dye
can be thinned with water the VOC content can still be very high
because of the VOC required to actually dissolve the small amount of
dye present. Stain is applied at varying rates on different pieces of
leather and at varying rates on a single piece of leather, as it is
used to achieve uniform shade on animal hides with naturally varying
coloration. IEPA added that at the same time and in light of the above,
total VOC emissions from a source attributable to stain are small.
Illinois' leathercoating rule is therefore consistent with RACT. The
compliance certification and recordkeeping requirements for
leathercoating operations are contained in Sections 218.991(d)(1) and
218.991(d)(2), respectively. The recordkeeping requirements in Section
218.991(d)(2) establish monthly records of (1) the pounds VOC per
gallon of coating (VOC content) and volume of each stain coating used
for other than specialty leather, (2) the VOC content and volume of
each coating used for specialty shoe leather, (3) the VOC content and
volume of each coating used for specialty football leather, (4) the
square feet of specialty shoe leather produced, and (5) and the square
feet of specialty football leather produced. These recordkeeping
requirements are therefore sufficient to establish compliance with the
leathercoating emission limits.
Subparts PP, QQ, RR, and TT consist of ``generic'' major non-CTG
rules for sources not specifically covered by another rule. Sections
926, 946, 966, and 986 specify the control requirements for the rules.
Subsection (a) of each of these Sections requires an overall 81 percent
reduction from each emission unit. A Board Note has been added to each
subsection to clarify what is intended by the term ``emission unit.'' A
further clarification of the Board Note has been provided in a June 16,
1993, letter from Dennis Lawler, IEPA.
Subpart UU contains the recordkeeping and reporting requirements
for the non-CTG requirements in Subparts PP, QQ, RR, and TT and Section
218.990 contains the recordkeeping and reporting requirements for
exempt sources. Although these sections refer to emission units which
are exempt, it should be noted that the owner or operator of such an
exempt emission unit would need to submit records for the entire source
to demonstrate that maximum theoretical emissions from all non-CTG and
unregulated CTG operations are below the applicable cutoff. In those
cases where one or more (but not all) emission units are exempt (as in
218.920(d), 218.940(d), 218.960(d), and 218.980(d)), records must also
be submitted documenting that each such emission unit is exempt.
Illinois' major non-CTG VOC rules in Subparts PP, QQ, RR, and TT
allow compliance via (1) Emission capture and control techniques which
achieve an overall reduction in uncontrolled VOC emissions of at least
81 percent from each emission unit, or (2) For coating lines, the
daily-weighted average VOC content shall not exceed 3.5 pounds (lbs)
VOC per gallon (gal) of coating, or (3) an equivalent alternative
control plan which has been approved by the Agency and the USEPA in a
federally enforceable permit or as a SIP revision.
On December 17, 1992, (57 FR 59928) USEPA approved Illinois'
existing Operating Permit program as satisfying
[[Page 2426]]
USEPA's June 28, 1989, (54 FR 27274) five criteria regarding Federal
enforceability. One of the criteria is that permits may not be issued
that make less stringent any SIP limitation or requirement. USEPA's
December 17, 1992, notice states that operating permits issued by
Illinois in conformance with the five criteria (including the
prohibition against States issuing operating permit limits less
stringent than the regulations in the SIP) discussed in this notice
will be considered federally enforceable. This notice also states
Illinois' operating permit program allows USEPA to deem an operating
permit not ``federally enforceable.''
On July 21, 1992, USEPA promulgated a new part 70 of chapter 1 of
title 40 of the Code of Federal Regulations. See 57 FR 32250. This new
part 70 contains regulations, required by Title V of the Act, that
require and specify the minimum elements of State operating permit
programs. Part 70 is therefore an appropriate basis for evaluating the
acceptability of Illinois' use of federally enforceable State operating
permits (FESOP) and Title V permits in its VOC rules.
Section 70.6(a)(1)(iii) states:
If an applicable implementation plan allows a determination of an
alternative emission limit at a part 70 source, equivalent to that
contained in the plan, to be made in the permit issuance, renewal, or
significant modification process, and the State elects to use such
process, any permit containing such equivalency determination shall
contain provisions to ensure that any resulting emissions limit has
been demonstrated to be quantifiable, accountable, enforceable, and
based on replicable procedures.
USEPA has therefore determined that the alternative control
requirement, submitted on March 4, 1994, in subsections 218.926(c),
218.946(b), 218.966(b) and 218.986(c), is approvable because it
requires that any alternative must be equivalent to the underlying SIP
requirements (consistent with part 70) and USEPA can deem a permit
containing an alternative control plan to be not ``federally
enforceable'' if it determines that a permit is not quantifiable or
practically enforceable or a permit relaxes the SIP. The underlying
SIP, to which any equivalent alternative control plan must be compared,
has federally enforceable control requirements, test methods, and
recordkeeping and reporting requirements. In addition, IEPA's September
13, 1995, letter contains the specific procedures for USEPA review and
approval.
Subsections 218.620(a)(1)(B), 218.920(a)(1)(B), 218.940(a)(1)(B),
218.960(a)(1)(B), 218.980(a)(1)(B), along with the following
subsections in conjunction with Section 211.4970 (the definition of
``Potential to emit''): Subsections 218.620(b)(1), 218.920(b)(1),
218.940(b)(1), 219.960(b)(1) and 218.980(b)(1), allow sources to avoid
the applicability of specified major non-CTG rules, provided a source
has a federally enforceable permit that limits emissions to below the
applicable cutoff through capacity or production limitations. These
subsections are approvable because USEPA can deem a permit to be ``not
federally enforceable'' in a letter to IEPA. Upon issuance of such a
letter, the source is no longer protected by the permit referenced in
the subject subsections. The source would then be subject to the SIP
requirements if its emissions exceed the applicable cutoff. This is
consistent with USEPA's December 17, 1992, approval of Illinois'
operating permit program which states: ``In approving the State
operating program USEPA is determining that Illinois' program allows
USEPA to deem an operating permit not `federally enforceable' for
purposes of limiting potential to emit and to offset creditability.''
(57 FR 59928, 59930). IEPA has agreed to this approach and specified
the applicable procedures in a March 26, 1993, letter to USEPA. In
summary, these subsections are approvable because USEPA can invalidate
the protection provided by an operating permit by deeming such
operating permit to be ``not federally enforceable'' in a letter to
IEPA.
USEPA's ``generic major (based on potential emissions of 25 tons of
VOC) non-CTG rules'' in subparts PP, QQ, RR and TT, do not apply to
synthetic organic chemical industry (SOCMI) distillation, SOCMI
reactors, wood furniture, plastic parts coating (business machines),
plastic parts coating (other), offset lithography, industrial
wastewater, autobody refinishing, SOCMI batch processing, volatile
organic liquid storage tanks and clean-up solvent operations. In
addition, bakeries (for which an Alternative Control Technology
document was issued in December, 1992) are exempt from the control
requirements in the generic rules. Out of these categories, Illinois
has submitted adopted rules for USEPA approval for all except
industrial wastewater, clean-up solvent operations, autobody
refinishing, and bakeries. Autobody refinishing rules are not required
to satisfy RACT requirements because there are no major autobody
refinishing sources. Illinois' adopted major non-CTG rules are
undergoing USEPA review and will be the subject of separate rulemaking
actions.
Final Rulemaking Action
For the reasons discussed above, USEPA approves the major non-CTG
VOC RACT rules in Part 218 (for the Chicago ozone nonattainment area)
that were submitted on October 21, 1993, and March 4, 1994. More
specifically, this includes all sections of part 218 that were
submitted on March 4, 1994, and Section 218.990 from the October 21,
1993, submittal.
On September 9, 1994, (FR 59 46562) USEPA approved a number of
Illinois' VOC regulations which replaced a large part of the Chicago
FIP, which was promulgated June 29, 1990 (55 FR 26814) and codified at
40 CFR 52.741. This rule completes approval of Illinois' VOC
regulations which, in combination with the rules approved on September
9, 1994, replace the Chicago FIP, as the federally enforceable VOC
rule, except as indicated below:
(1) In accordance with Section 101(b), all FIP requirements remain
in effect (and are enforceable after the effective date of this SIP
revision) for the period prior to the effective date of this SIP
revision.
(2) Any source that received a stay, as indicated in Section
218.103(a)(2), remains subject to the stay if still in effect, or (if
the stay is no longer in effect) the federally promulgated rule
applicable to such source.
As of the effective date of this final action, these rules are the
sole federally enforceable control strategy for sources of VOC located
in the Chicago area.
Because USEPA considers this action noncontroversial and routine,
we are approving it without prior proposal. The action will become
effective on March 26, 1996. However, if we receive adverse comments by
February 26, 1996, then USEPA will publish a notice that withdraws this
final action. If no request for a public hearing has been received,
USEPA will address the public comments received in a new final rule on
the requested SIP revision based on the proposed rule located in the
proposed rules section of this Federal Register. If a public hearing is
requested, USEPA will publish a notice announcing a public hearing and
reopening the public comment period until 30 days after the public
hearing. At the conclusion of this additional public comment period,
USEPA will publish a final rule responding to the public comments
received and announcing final action.
[[Page 2427]]
This action has been classified as a Table 3 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, former Acting Assistant
Administrator for the Office of Air and Radiation. A July 10, 1995,
memorandum from Mary D. Nichols, Assistant Administrator for the Office
of Air and Radiation explains that the authority to approve/disapprove
SIPs has been delegated to the Regional Administrators for Table 3
actions. The Office of Management and Budget has exempted this
regulatory action from Executive Order 12866 review.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. USEPA shall consider each request for revision to the SIP in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act'') (signed into law on March 22, 1995) requires that the
USEPA prepare a budgetary impact statement before promulgating a rule
that includes a Federal mandate that may result in expenditure by
State, local, and tribal governments, in aggregate, or by the private
sector, of $100 million or more in any one year. Section 203 requires
the USEPA to establish a plan for obtaining input from and informing,
educating, and advising any small governments that may be significantly
or uniquely affected by the rule.
Under section 205 of the Unfunded Mandates Act, the USEPA must
identify and consider a reasonable number of regulatory alternatives
before promulgating a rule for which a budgetary impact statement must
be prepared. The USEPA must select from those alternatives the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule, unless the USEPA explains why this
alternative is not selected or the selection of this alternative is
inconsistent with law.
Because this final rule is estimated to result in the expenditure
by State, local, and tribal governments or the private sector of less
then $100 million in any one year, the USEPA has not prepared a
budgetary impact statement or specifically addressed the selection of
the least costly, most cost-effective, or least burdensome alternative.
Because small governments will not be significantly or uniquely
affected by this rule, the USEPA is not required to develop a plan with
regard to small governments. This rule only approves the incorporation
of existing state rules into the SIP. It imposes no additional
requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. (5 U.S.C. 603 and 604.)
Alternatively, USEPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-State relationship
under the Act, preparation of a regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of the
State action. The Clean Air Act forbids USEPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. USEPA., 427 U.S.
246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 26, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See Section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: November 1, 1995.
Valdas V. Adamkus,
Regional Administrator.
For the reasons stated in the preamble, 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)(102) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(102) On October 21, 1993 and March 4, 1994, the State submitted
volatile organic compound control regulations for incorporation in the
Illinois State Implementation Plan for ozone.
(i) Incorporation by reference.
(A) Title 35: Environmental Protection, Subtitle B: Air Pollution,
Chapter I: Pollution Control Board, chapter c: Emission Standards and
Limitations for Stationary Sources, Part 211: Definitions and General
Provisions, Subpart B: Definitions, Sections 211.270, 211.1070,
211.2030, 211.2610, 211.3950, 211.4050, 211.4830, 211.4850, 211.4970,
211.5390, 211.5530, 211.6110, 211.6170, 211.6250, 211.6630, 211.6650,
211.6710, 211.6830, 211.7050. These sections were adopted on January 6,
1994, Amended at 18 Ill. Reg. 1253, and effective January 18, 1994.
(B) Illinois Administrative Code Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control
Board, Subchapter c: Emissions Standards and Limitations for Stationary
Sources, Part 218: Organic Material Emissions Standards and Limitations
for the Chicago Area, Subpart PP: 218.927, 218.928; Subpart QQ:
218.947, 218.948; Subpart RR: 218.967, 218.968; Subpart TT: 218.987,
218.988; Subpart UU: 218.990. These sections were adopted on September
9, 1993, Amended at 17 Ill. Reg. 16636, effective September 27, 1993.
(C) Illinois Administrative Code Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control
Board, Subchapter c: Emissions Standards and Limitations for Stationary
Sources, Part 218: Organic Material Emissions Standards and Limitations
for the Chicago Area, Subpart A: 218.106, 218.108, 218.112, 218.113;
Subpart H: 218.402; Subpart Z:
[[Page 2428]]
218.602, 218.611; Subpart AA: 218.620, 218.623 (repealed); Subpart CC;
Subpart DD; Subpart PP: 218.920, 218.926; Subpart QQ: 218.940, 218.946;
Subpart RR: 218.960, 218.966; Subpart TT: 218.980, 218.986; Subpart UU:
218.991. These sections were adopted on January 6, 1994, Amended at 18
Ill. Reg. 1945, effective January 24, 1994.
* * * * *
3. Section 52.741 is amended by revising paragraph (a)(2) to read
as follows:
Sec. 52.741 Control Strategy: Ozone control measures for Cook, DuPage,
Kane, Lake, McHenry or Will County.
(a) * * *
(2) Applicability.
(i) Effective October 11, 1994, Illinois Administrative Code Title
35: Environmental Protection, Subtitle B: Air pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources, Part 218: Organic Material Emission
Standards and Limitations for the Chicago Area replaces the
requirements of 40 CFR 52.741 Control strategy: Ozone control measures
for Cook, DuPage, Kane, Lake, McHenry and Will County as the federally
enforceable control measures in these counties except as noted in
paragraphs (a)(2)(i) (A) through (C) of this section.
(A) Until March 26, 1996, Illinois' major non-CTG sources in the
Chicago area, subject to paragraph u, v, w, or x because of the
applicability criteria in these paragraphs, continue to be subject to
paragraphs u, v, w, x, and in addition they remain subject to the
recordkeeping requirements in paragraph y and any related parts of
section 52.741 necessary to implement these paragraphs, e.g., those
paragraphs containing test methods, definitions, etc.
(B) In accordance with Section 218.101(b), all FIP requirements
remain in effect and are enforceable after October 11, 1994, for the
period prior to October 11, 1994 (and the major non-CTG FIP
requirements specified in paragraph (a)(2)(i)(A) remain in effect and
are enforceable after March 26, 1996 for the period prior to March 26,
1996.
(C) Any source that received a stay, as indicated in Section
218.103(a)(2), remains subject to the stay if still in effect, or (if
the stay is no longer in effect) the federally promulgated rule
applicable to such source.
(ii) Effective March 26, 1996, Illinois Administrative Code Title
35: Environmental Protection, Subtitle B: Air pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources, Part 218: Organic Material Emission
Standards and Limitations for the Chicago Area replaces the
requirements of 40 CFR 52.741 Control strategy: Ozone control measures
for Cook, DuPage, Kane, Lake, McHenry and Will County as the federally
enforceable control measures in these counties except as noted in
paragraphs (a)(2)(ii) (A) and (B) of this section.
(A) In accordance with Section 218.101(b), all major non-CTG FIP
requirements specified in paragraph (a)(2)(i)(A) remain in effect and
are enforceable after March 26, 1996 for the period prior to March 26,
1996.
(B) Any source that received a stay, as indicated in Section
218.103(a)(2), remains subject to the stay if still in effect, or (if
the stay is no longer in effect) the federally promulgated rule
applicable to such source.
* * * * *
[FR Doc. 96-1297 Filed 1-25-96; 8:45 am]
BILLING CODE 6560-50-P
