[Federal Register Volume 62, Number 248 (Monday, December 29, 1997)]
[Rules and Regulations]
[Pages 67570-67572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33765]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[IL159-1a; FRL-5938-4]
Approval and Promulgation of State Plans For Designated
Facilities and Pollutants: Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA approves the section 111(d)/129 State Plan submitted
by Illinois on June 23, 1997, for implementing and enforcing the
Emissions Guidelines (EG) applicable to existing Municipal Waste
Combustors (MWCs) with capacity to combust more than 250 tons/day of
municipal solid waste (MSW). Specifically, the State Plan imposes
certain emission limits and control requirements for the existing such
MWC in Illinois, the Robbins Resource Recovery Center (RRRC) in
Robbins, Illinois.
DATES: This action is effective on February 27, 1998 unless significant
adverse written comments (which have not already been responded to) are
received by January 28, 1998. If such adverse written comments are
received by the above date, this direct final rule will be withdrawn,
and timely notice will be published in the Federal Register.
ADDRESSES: Copies of this SIP revision request is available for
inspection at the following address: U.S. Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. (It is recommended that you
telephone Mark J. Palermo, Environmental Protection Specialist at (312)
886-6082 before visiting the Region 5 Office.)
Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Environmental
Protection Specialist, at (312) 886-6082.
[[Page 67571]]
SUPPLEMENTARY INFORMATION:
I. Background
On December 19, 1995, pursuant to sections 111 and 129 of the Clean
Air Act (Act), the EPA promulgated New Source Performance Standards
(NSPS) applicable to new MWCs, and EG applicable to existing MWCs. See
60 FR 65387. The NSPS and EG are codified at 40 CFR part 60, subparts
Cb and Eb, respectively. Subparts Cb and Eb regulate the following air
pollutants: particulate matter, opacity, sulfur dioxide, hydrogen
chloride, nitrogen oxides, carbon monoxide, lead, cadmium, mercury,
dioxins and dibenzofurans, and visible emissions of fugitive ash.
On April 8, 1997, the United States Court of Appeals for the
District of Columbia Circuit vacated subparts Cb and Eb as they apply
to MWC units with capacity to combust less than or equal to 250 tons/
day of MSW (small MWCs), consistent with their opinion in Davis County
Solid Waste Management and Recovery District v. EPA, 101 F.3d 1395
(D.C. Cir. 1996), as amended, 108 F.3d 1454 (D.C. Cir. 1997). As a
result, subparts Eb and Cb are being applied only to MWC units with
individual capacity to combust more than 250 tons/day of MSW (large MWC
units).
Subpart Eb of the NSPS provides federally enforceable control
requirements for large MWC units for which construction is commenced
after September 20, 1994, or for which modification or reconstruction
is commenced after June 19, 1996. Large MWC units built before
September 20, 1994, are affected by the NSPS subpart Cb EG. Under
section 129 of the Act, EG are not directly federally enforceable.
Section 129(b)(2) of the Act requires States to submit to the EPA for
approval State Plans that implement and enforce the EG for existing
large MWC units. State Plans must be at least as protective as the EG,
and become federally enforceable upon approval by EPA. The procedures
for adoption and submittal of State Plans are codified in 40 CFR part
60, subpart B. EPA originally promulgated the subpart B provisions on
November 17, 1975. EPA amended subpart B on December 19, 1995, to allow
the subparts developed under Section 129 to include specifications that
supersede the general provisions in subpart B regarding the schedule
for submittal of State Plans, the stringency of the emission
limitations, and the compliance schedules. See 60 FR 65414.
On June 23, 1997, the Illinois Environmental Protection Agency
(IEPA) submitted to EPA a section 111(d)/129 plan to implement the
subpart Cb EG for existing large MWC units. The only large MWC plant
operating in the State is Robbins Resource Recovery Center (RRRC),
located in Robbins, Illinois. The State Plan establishes EG control
requirements for this facility through a Federally Enforceable State
Operating Permit (FESOP) condition (special condition 18(c)) in RRRC's
state operating permit (permit number 88120055), issued June 2, 1997.
On April 26, 1997, a public hearing was held in Robbins, Illinois on
the proposed operating permit and the plan for using the permit to
apply the EG requirements. Illinois responded to a public comment
regarding the EG requirements in the permit by revising and clarifying
the permit.
II. EPA Review of State Plan
EPA reviewed Illinois' State Plan for consistency with section
111(d)/129 State Plan requirements under 40 CFR part 60, subpart B and
Cb. According to the source inventory in Illinois' State Plan, RRRC is
the only existing large MWC source in the State. RRRC is already
subject to NSPS requirements for MWC sources under 40 CFR part 60,
subpart Ea. Subpart Ea requires emission limitations for certain air
pollutants which are equivalent or more stringent than the EG. These
pollutants are opacity, carbon monoxide, dioxin/furans, hydrogen
chloride, and nitrogen oxide. Therefore, Illinois did not have to adopt
EG emission limits for these pollutants in the State Plan.
The State Plan's enforceable mechanism for implementing the
remainder of the EG emission limits is through the application and
enforcement of special condition 18(c) of operating permit number
88120055, issued to RRRC on June 2, 1997. This is a FESOP condition
which requires RRRC to comply with EG limits for cadmium, lead,
mercury, particulate matter, sulfur dioxide, and visible emissions of
fugitive ash, as set forth under subpart Cb. Condition 18(c) also
requires RRRC to comply with good combustor operating practices
(including combustor load and particulate matter emission control
device inlet temperature), requirements for compliance and performance
testing, requirements for operator training and certification
(including maintenance and periodic review of a site-specific facility
operating manual), and requirements for reporting and recordkeeping, as
set forth under subpart Cb. RRRC was required to comply with condition
18(c) beginning June 2, 1997, the date RRRC's operating permit was
issued. This date is well within the December 19, 2000, deadline
required by section 129 for existing large MWC units to come into
compliance with the EG.
The FESOP condition also requires RRRC to comply with amendments
made to the EG on August 25, 1997 (62 FR 45124). On that date, in
response to the April 8, 1997 court opinion cited above, EPA amended EG
emission limitations for lead, sulfur dioxide, hydrogen chloride and
nitrogen oxides, to address changes in the Maximum Achievable Control
Technology (MACT) floor for existing large MWC units (62 FR 45116). The
EG amendments for hydrogen chloride and nitrogen oxides are still not
as stringent as subpart Ea. However, the amendments slightly tighten
the EG emission limits for sulfur dioxide and lead from the 1995
subpart Cb promulgation. Also on August 25, 1997, EPA promulgated
certain amendments to clarify and make technical corrections to subpart
Cb (62 FR 45124); these amendments are also enforceable under the RRRC
FESOP condition. Since the August 1997 subpart Cb amendments are
enforceable under Illinois' State Plan, Illinois will not need to
revise the State Plan to include these amendments.
The Illinois State Plan adequately addresses all the essential
elements of an approvable section 111(d)/129 State plan. On October 23,
1997, IEPA submitted to EPA a letter from IEPA's General Counsel
demonstrating the State's legal authority to carry out the State Plan
through the RRRC FESOP condition. To meet emission inventory
requirements, the State Plan submittal includes test data collected
during initial testing of RRRC's combustors conducted January 6 through
January 11, 1997, at maximum combustor load. The State Plan includes
emissions limits that are at least as protective as those in the
subpart Ea EG. The RRRC FESOP condition provides for emission
limitation and testing, monitoring, recordkeeping, and reporting
requirements consistent with those specified in the EG. A transcript of
the April 26, 1997 public hearing, and subsequent June 2, 1997 IEPA
responsiveness summary were included in the State Plan submittal.
Finally, the State Plan submittal provides for annual State progress
reports to EPA on implementation of the State Plan.
In conclusion, the EPA finds the June 23, 1997 Illinois State Plan
for large MWCs to meet the criteria for approval contained in subpart B
and Cb. For a more detailed discussion of EPA's analysis, please refer
to the Technical Support Document for this rulemaking
[[Page 67572]]
action, which can be obtained from the EPA Region 5 office listed
above.
III. EPA Rulemaking Action
The EPA is approving, through direct final rulemaking action,
Illinois' section 111(d)/129 plan for large MWCs. The EPA is publishing
this action without prior proposal because EPA views this as a
noncontroversial revision and anticipates no adverse comments. However,
in a separate document in this Federal Register publication, the EPA is
proposing to approve the SIP revision should specified written adverse
or critical comments be filed. This action will be effective on
February 27, 1998 unless, by January 28, 1998, such adverse or critical
comments are received on the approval.
If the EPA receives such adverse comments, the approval will be
withdrawn before the effective date by publishing a subsequent
rulemaking that withdraws the final action. Comments will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA 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 on February 27, 1998.
Nothing in this action should be construed as permitting, 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. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
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, EPA 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.
Pursuant to section 605(b) of the Regulatory Flexibility Act, I
certify that this rule will not have a significant economic impact on a
substantial number of small entities. This Federal action approves pre-
existing requirements under federal, State or local law, and imposes no
new requirements on any entity affected by this rule, including small
entities. Therefore, these amendments will not have a significant
impact on a substantial number of small entities.
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must undertake various actions
in association with any proposed or final rule that includes a Federal
mandate that may result in estimated costs to state, local, or tribal
governments in the aggregate; or to the private sector, of $100 million
or more. This Federal action approves pre-existing requirements under
state or local law, and imposes no new requirements. Accordingly, no
additional costs to state, local, or tribal governments, or the private
sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(a), as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
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 February 27, 1998. 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), 42
U.S.C. 7607(b)(2)).
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Municipal waste
combustors, Reporting and recordkeeping requirements.
Dated: December 11, 1997.
Gail A. Ginsberg,
Acting Regional Administrator, Region V.
40 CFR Part 62 is amended as follows:
PART 62--[AMENDED]
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7642.
Subpart O--Illinois
2. Part 62 is amended by adding Sec. 62.3350 and an undesignated
heading to subpart O to read as follows:
Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions
From Existing Municipal Waste Conbustors with the Capacity to
Combust Greater Than 250 Tons Per Day of Municipal Solid Waste
Sec. 62.3350 Identification of plan.
Illinois submitted ``State Plan to Implement Emission Guidelines
for Large Municipal Waste Combustors'' on June 23, 1997. The plan
applies specifically to Robbins Resource Recovery Center (RRRC),
located in Robbins, Illinois. The enforceable mechanism for this source
is special condition 18(c) of operating permit number 88120055, issued
to RRRC by Illinois on June 2, 1997.
[FR Doc. 97-33765 Filed 12-24-97; 8:45 am]
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