[Federal Register Volume 60, Number 207 (Thursday, October 26, 1995)]
[Rules and Regulations]
[Pages 54810-54812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26587]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL126-1-7031a; FRL-5299-8]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: On May 5, 1995, the State of Illinois submitted a State
Implementation Plan (SIP) revision request to the United States
Environmental Protection Agency (USEPA) for wood furniture coating
operations as part of the State's 15 percent (%) Reasonable Further
Progress (RFP) plan control measures for Volatile Organic Matter (VOM)
emissions. A supplement to this request was submitted on May 26, 1995.
USEPA made a finding of completeness in a letter dated July 13, 1995. A
final approval action is being taken because the submittal meets all
pertinent Federal requirements. The SIP revision modifies the source
size applicability cut-off for wood furniture coating operation
facilities located in the Chicago and Metro-East St. Louis ozone
nonattainment areas from 100 to 25 tons of VOM emitted, or potential to
emit, per year. The USEPA is publishing this action without prior
proposal because USEPA views this action as a noncontroversial revision
and anticipates no adverse comments. However, USEPA is publishing a
separate document in this Federal Register publication, which
constitutes a ``proposed approval'' of the requested SIP revision and
clarifies that the rulemaking will not be deemed final if timely
adverse or critical comments are filed. If USEPA receives comments
adverse to or critical of the approval, USEPA will withdraw this
approval before its effective date by publishing a subsequent Federal
Register document which withdraws this final action. All public
comments received will then be addressed in a subsequent rulemaking
document. Please be aware that USEPA will institute another comment
period on this action only if warranted by significant revisions to the
rulemaking based on any comments received in response to today's
action. Any parties interested in commenting on this action should do
so at this time.
DATES: The direct final rule is effective on December 26, 1995, unless
USEPA receives adverse or critical comments by November 27, 1995. If
the effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Copies of the revision request and USEPA's analysis
(Technical Support Document) are 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 at (312)
886-6082 before visiting the Region 5 Office.)
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.
FOR FURTHER INFORMATION CONTACT: Mark J. Palermo at (312) 886-6082.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(b)(1) of the Clean Air Act (the Act) requires all
moderate and above ozone nonattainment areas to achieve a 15% reduction
of 1990 emissions of VOM by 1996 (VOM, as defined by the State of
Illinois, is identical to ``volatile organic compounds'', as defined by
USEPA). In Illinois, the Chicago area is classified as ``severe''
nonattainment for ozone, while the Metro-East area is classified as
``moderate'' nonattainment. As such, these areas are subject to the 15%
RFP requirement.
On September 12, 1994, the Illinois Environmental Protection Agency
(IEPA) filed the proposed amended wood furniture coating rule with the
Illinois Pollution Control Board (Board). A public hearing on the rule
was held on November 4, December 2, and December 16, 1994, in Chicago,
Illinois, and on April 20, 1995, the Board adopted a Final Opinion and
Order for the proposed amendment. The rule became effective on May 9,
1995, and it was published in the Illinois State register on May 19,
1995. The IEPA formally submitted the wood furniture coating rule to
USEPA on May 5, 1995, as a revision to the Illinois SIP for ozone, and
supplemental documentation to this revision was submitted on May 26,
1995. In doing so, IEPA believes that this SIP revision will insure
that no increase in VOM emission for this source category occurs which
negatively impacts Illinois' 15% RFP plan.
II. Analysis of State Submittal
The May 5, 1995 revision extends the applicability of Illinois'
wood furniture coating rule requirements to those sources emitting, or
having the potential to emit, 25 tons of VOM per year. The requirements
were originally applicable only to those sources emitting or having a
potential to emit 100 tons or more per year of VOM.
USEPA's Control Techniques Guideline (CTG) for wood furniture
coating operations, which is to specify what Reasonably Available
Control Technology (RACT) is for this source category, has yet to be
finally published. (Section 182(b)(2) of the Act requires moderate and
above ozone nonattainment areas to submit rules covering each post-1990
CTG source category which are equivalent to RACT as specified by each
source category's CTG, by certain dates set forth by USEPA upon issuing
each CTG.) The Illinois rule is considered to be interim RACT at this
time; however, after the wood furniture coating CTG is issued by USEPA,
Illinois will need to revise its rule, as necessary, in light of the
new document, as required by Section 182(b)(2) of the Act.
III. Final Rulemaking Action
The USEPA has undertaken its analysis of the SIP revision request
and has determined that this SIP revision request is approvable.
However, after the final wood furniture coating CTG is issued by USEPA,
Illinois will need to revise its wood furniture coating rule, as
necessary, in light of the new document, as required by Section
182(b)(2) of the Act.
This rule, applicable to the Chicago and Metro-East St. Louis ozone
[[Page 54811]]
nonattainment areas, amends 35 Illinois Administrative Code section
218.208(b) and 219.208(b).
The USEPA is publishing this action without prior proposal because
USEPA views this action as a noncontroversial revision and anticipates
no adverse comments. However, USEPA is publishing a separate document
in this Federal Register publication, which constitutes a ``proposed
approval'' of the requested SIP revision and clarifies that the
rulemaking will not be deemed final if timely adverse or critical
comments are filed. The ``direct final'' approval shall be effective on
December 26, 1995, unless USEPA receives adverse or critical comments
by November 27, 1995. If USEPA receives comments adverse to or critical
of the approval discussed above, USEPA will withdraw this approval
before its effective date by publishing a subsequent Federal Register
document which withdraws this final action. All public comments
received will then be addressed in a subsequent rulemaking document.
Please be aware that USEPA will institute another comment period on
this action only if warranted by significant revisions to the
rulemaking based on any comments received in response to today's
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, USEPA hereby advises
the public that this action will be effective on December 26, 1995.
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 a July 10, 1995
memorandum from Mary Nichols, 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, 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 December 26, 1995. 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,Incorporation by
reference.
Dated: August 9, 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)(115) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(115) On May 5, 1995, and May 26, 1995, the State submitted an
amended coating rule which consisted of a tightened applicability cut-
off level for wood furniture coating operations to the Ozone Control
Plan for the Chicago and Metro-East St. Louis areas.
(i) Incorporation by reference. 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.
(A) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart F; Coating Operations, Sections 218.208
Exemptions from Emission Limitations, Subsection (b), amended at 19
Ill. Reg. 6848, effective May 9, 1995.
(B) Part 219: Organic Material Emissions Standards and Limitations
for
[[Page 54812]]
the Metro-East Area, Subpart F; Coating Operations, Section 219.208
Exemptions from Emission Limitations, Subsection (b), amended at 19
Ill. Reg. 6958, effective May 9, 1995.
[FR Doc. 95-26587 Filed 10-25-95; 8:45 am]
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