[Federal Register Volume 60, Number 225 (Wednesday, November 22, 1995)]
[Rules and Regulations]
[Pages 57834-57836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28387]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[IL135-1-7205(a); FRL-5332-7]
Approval of Section 112(l) Program of Delegation; Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving, through ``direct final'' procedure, a
request for delegation of the Federal air toxic program pursuant to
section 112(l) of the Clean Air Act of 1990. The State's mechanism of
delegation involves the straight delegation of all existing and future
section 112 standards unchanged from the Federal standards. The actual
delegation of authority will occur automatically upon EPA's
promulgation of the standards. This request for approval of a mechanism
of delegation encompasses all sources not covered by the part 70
program.
DATES: This action is effective January 22, 1996, unless adverse or
critical comments not previously addressed by the State or EPA are
received by December 22, 1995, in which case this rulemaking action
will be taken as the proposed rule published in the proposed rules
section of this Federal Register. If the effective date is delayed,
timely notice will be published in the Federal Register.
ADDRESSES: Copies of the State's submittal and other supporting
information used in developing the approval are available for
inspection during normal business hours at the following location: EPA
Region 5, 77 West Jackson Boulevard, AR-18J, Chicago, Illinois 60604.
Please contact Jennifer Buzecky at (312) 886-3194 to arrange a time if
inspection of the submittal is desired.
FOR FURTHER INFORMATION CONTACT: Jennifer Buzecky, AR-18J, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3194.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
Section 112(l) of the CAA enables the EPA to approve state air
toxic programs or rules to operate in place of the Federal air toxic
program. The Federal air toxic program implements the requirements
found in section 112 of the CAA pertaining to the regulation of
hazardous air pollutants. Approval of an air toxic program is granted
by the EPA if the Agency finds that the State program: (1) Is ``no less
stringent'' than the corresponding Federal program or rule, (2) the
State has adequate authority and resources to implement the program,
(3) the schedule for implementation and compliance is sufficiently
expeditious, and (4) the program is otherwise in compliance with
Federal guidance. Once approval is granted, the air toxic program can
be implemented and enforced by State or local agencies, as well as EPA.
Implementation by local agencies is dependent upon appropriate
subdelegation.
On August 17, 1995, Illinois submitted to EPA a request for
delegation of authority to implement and enforce the air toxic program
under section 112 of the CAA. On September 8, 1995, EPA found the
State's submittal complete. In this document EPA is taking final action
to approve the program of delegation for Illinois.
II. Review of State Submittal
A. Program Summary
Requirements for approval, specified in section 112(l)(5), require
that a State's program contain adequate authorities, adequate resources
for implementation, and an expeditious compliance schedule. These
requirements are also requirements for an adequate operating permits
program under part 70 (40 CFR 70.4). On March 7, 1995, EPA promulgated
a final interim approval under part 70 of the State of Illinois'
Operating Permit Program. 60 FR 12478. Included in that notice was the
approval of a mechanism for delegation of all section 112 standards for
sources subject to the part 70 program. Sources subject to the part 70
program are those sources that are operating pursuant to a part 70
permit issued by the State, local agency or EPA. Sources not subject to
the part 70 program are those sources that are not required to obtain a
part 70 permit from either the State, local agency or EPA. Because
Illinois' August 17, 1995, request for delegation encompasses all
existing and future standards as they apply to sources NOT subject to
part 70, this action supplements the earlier part 70 rulemaking in that
Illinois can now implement and enforce the section 112 air toxic
program regardless of a source's part 70 applicability.
The Illinois program of delegation for sources not subject to part
70 will not include delegation of section 112(r) authority. The program
will, however, include the delegation of the 40 CFR part 63 general
provisions to the extent that they are not reserved to the EPA and are
delegable to the State. Furthermore, Illinois' request for delegation
includes the delegation of all existing National Emission Standards for
Hazardous Air Pollutants (NESHAP) standards, 40 CFR part 61, with the
exception of radionuclides.
An example of an existing NESHAP is the asbestos standard, 40 CFR
part 61, subpart M. Implementation of this standard includes the
primary responsibility for accepting asbestos notifications. Sources in
Illinois subject to the asbestos standard should henceforth submit
their notification forms to the Illinois Environmental Protection
Agency (IEPA).
As stated above, this document constitutes EPA's approval of
Illinois' program of straight delegation of all existing and future air
toxic standards, except for section 112(r) standards as they pertain to
non-part 70 sources. Straight delegation means that the State will not
promulgate individual State rules for each section 112 standard
promulgated by EPA, but will implement and enforce without changes the
section 112 standards promulgated by EPA. The Illinois program of
straight delegation will operate as follows: Upon promulgation of a
section 112 standard, the State of Illinois automatically receives the
authority and assumes responsibility for the timely implementation and
enforcement required by the standard, as well as any further activities
agreed to by IEPA and EPA. Some activities necessary for effective
implementation of the standard include receipt of initial
notifications, recordkeeping, reporting and generally assuring that
sources subject to the standard are aware of its existence. When deemed
appropriate, IEPA will utilize the resources of its Small Business
Assistance Program to assist in general program implementation. The
details of this delegation mechanism are set forth in a series of
letters between EPA and IEPA, copies of which are located in the docket
associated with this rulemaking.
B. Criteria for Approval
On November 26, 1993, EPA promulgated regulations to provide
[[Page 57835]]
guidance relating to the approval of State programs under Section
112(l) of the CAA. 40 FR 62262. That rulemaking outlined the
requirements of approval with respect to various delegation options.
The requirements for approval of a program to implement and enforce
Federal section 112 rules as promulgated without changes are found at
40 CFR 63.91. The specific elements required for approval in Sec. 63.91
were promulgated to address the procedures required for approval
pursuant to section 112(l)(5) of the CAA. Any request for approval must
meet all section 112(l) approval criteria, as well as all approval
criteria of Sec. 63.91. A more detailed analysis of the State's
submittal pursuant to Sec. 63.91 is contained in the Technical Support
Document included in the docket of this rulemaking.
Under section 112(l) of the CAA, approval of a State program is
granted by the EPA if the Agency finds that it: (1) Is ``no less
stringent'' than the corresponding Federal program, (2) that the State
has adequate authority and resources to implement the program, (3) the
schedule for implementation and compliance is sufficiently expeditious,
and (4) the program is otherwise in compliance with Federal guidance.
C. Analysis
EPA is approving Illinois' mechanism of delegation because the
State's submittal meets all requirements necessary for approval under
section 112(l). The first requirement is that the program be no less
stringent than the Federal program. The Illinois program is no less
stringent than the corresponding Federal program or rule because the
State has requested straight delegation of all standards unchanged from
the Federal standards.
Second, the State has shown that it has adequate authority and
resources to implement the program. The Illinois Environmental
Protection Act authorizes IEPA to issue operating permits to part 70
and non-part 70 sources of regulated pollutants. 415 ILCS 5/1 et seq.
The authority to issue permits includes the authority to incorporate
permit conditions that implement Federal section 112 standards.
Furthermore, Illinois has the authority to implement and enforce each
section 112 regulation, emission standard or requirement (regardless of
part 70 applicability), perform inspections, request compliance
information, incorporate requirements into permits and to bring civil
and criminal enforcement actions to recover penalties and fines.
Adequate resources will be obtained through section 105 grant monies
awarded to States by EPA and through any monies from the State's Title
V program that can be used to fund acceptable Title V activities with
respect to these non-part 70 sources.
Third, upon promulgation of a standard, Illinois will immediately
begin activities necessary for timely implementation of the standard.
These activities will involve identifying sources subject to the
applicable requirement and notifying these sources of the applicable
requirement. Such schedule is sufficiently expeditious for approval.
Fourth, nothing in the Illinois program for straight delegation is
contrary to Federal guidance.
D. Determinations
In approving this delegation, EPA expects that the State will
obtain concurrence from EPA on any matter involving the interpretation
of section 112 of the Clean Air Act or 40 CFR parts 61 and 63 to the
extent that implementation, administration, or enforcement of these
sections have not been covered by EPA determinations or guidance.
III. Final Action
The EPA is promulgating final approval of the August 17, 1995,
request by the State of Illinois for straight delegation of section 112
standards unchanged from Federal standards because the request meets
all requirements of 40 CFR 63.91 and section 112(l) of the CAA. Upon
the effective date of this document, the following Federal standards
are automatically delegated to the State of Illinois: (1) All existing
NESHAPs, with the exception of radionuclides; (2) existing section 112
standards, excluding section 112(r), and (3) the part 63 general
provisions to the extent that they are not reserved to the EPA and are
delegable to the State. Future delegation of the section 112 standards
to the State will occur automatically upon EPA's promulgation of the
standard.
Effective immediately, all notifications, reports and other
correspondence required under section 112 standards and existing
NESHAPs should be sent to the State of Illinois rather than to the EPA,
Region 5, in Chicago. Affected sources should send this information to:
Illinois Environmental Protection Agency, Bureau of Air, Permit
Section, 2200 Churchill Road, P.O. Box 19506, Springfield, Illinois
62794-9506.
EPA is publishing this action without prior proposal because EPA
views this action as a noncontroversial revision and anticipates no
adverse comments. However, the rulemaking will not be deemed final if
timely unaddressed adverse or critical comments are filed. The ``direct
final'' approval shall be effective on January 22, 1996, unless EPA
receives such adverse or critical comments by December 22, 1995. EPA is
now soliciting public comments on this action. Any parties interested
in commenting on this action should do so at this time. In the proposed
rules section of this Federal Register, EPA is publishing a separate
document which constitutes a ``proposed approval'' of the requested
delegation. If EPA receives timely comments adverse to or critical of
the approval discussed above, which have not been addressed by the
State or EPA, EPA will publish a Federal Register document which
withdraws this final action. All public comments received will then be
addressed in a subsequent rulemaking document based on the proposed
approval. 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.
Copies of the State's submittal and other information relied upon
for the final approval are contained in a docket maintained at the EPA
Regional Office. The docket is an organized and complete file of all
the information submitted to, or otherwise considered by, EPA in the
development of this final approval. The docket is available for public
inspection at the location listed under the ADDRESSES section of this
document.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to the
State's delegated air toxic program. EPA shall consider each request
for revision to the State's delegated air toxic program in light of
specific technical, economic, and environmental factors and in relation
to relevant statutory and regulatory requirements.
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, Acting Assistant Administrator for
Air and Radiation. The Office of Management and Budget exempted this
regulatory action from Executive Order 12866 review.
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
[[Page 57836]]
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.
Straight delegation of the section 112 standards unchanged from the
Federal standard does not create any new requirements, but simply
allows the state to administer requirements that have been or will be
separately promulgated. Therefore, because this delegation approval
does not impose any new requirements, I certify that it does not have a
significant impact on any small entities affected.
Under sections 202, 203 and 205 of the Unfunded Mandates Reform Act
of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995,
EPA must undertake various actions in association with proposed or
final rules that include a Federal mandate that may result in estimated
costs of $100 million or more to the private sector, or to State,
local, or tribal governments in the aggregate.
EPA has determined that the approval action promulgated today does
not constitute 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. The state voluntarily
requested this delegation under section 112(l) for the purpose of
implementing and enforcing the air toxics program with respect to
sources not covered by part 70. The delegation imposes no new Federal
requirements. Since the State was not required by law to seek
delegation, this Federal action does not impose a mandate on the state.
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 January 22, 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 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations.
Authority: 42 U.S.C. 7401, et seq.
Dated: November 2, 1995.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 95-28387 Filed 11-21-95; 8:45 am]
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