[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Rules and Regulations]
[Pages 15233-15235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7108]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL115-1-6791a; FRL-5166-1]
Approval and Promulgation of Implementation Plans; Revision to
the Illinois State Implementation Plan for Ozone
AGENCY: Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: The USEPA approves the State Implementation Plan (SIP)
revision request submitted by the State of Illinois on October 25,
1994, for the purpose of lowering the Reid Vapor Pressure (RVP) of
gasoline from 9.0 pounds per square inch (psi) to 7.2 psi for the
Metro-East St. Louis (Metro-East) ozone nonattainment area which
includes Madison, Monroe, and St. Clair Counties. The rationale for the
approval is set forth in this direct final rule; additional information
is available at the address indicated below. In the proposed rules
section of this Federal Register, USEPA is proposing approval of and
soliciting public comment on this requested SIP revision. If adverse
comments are received on this direct final rule, USEPA will withdraw
this direct final rule and address the comments received in a
subsequent final rule on the related proposed rule which is being
published in the proposed rules section of this Federal Register. No
additional opportunity for public comment will be provided. Unless this
direct final rule is withdrawn no further rulemaking will occur on this
requested SIP revision.
DATES: This final rule is effective on May 22, 1995, unless notice is
received by April 24, 1995, that someone wishes to submit adverse
comments. 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 (AR-18J), Regulation Development Branch,
Air and Radiation Division, U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Copies of the USEPA's technical analysis (TSD) are available for
inspection at the following address: (It is recommended that you
telephone Francisco Acevedo at (312) 886-6061 before visiting the
Region 5 Office.) U.S. Environmental Protection Agency, Region 5, Air
and Radiation Division, 77 [[Page 15234]] West Jackson Boulevard,
Chicago, Illinois 60604.
A copy of the RVP SIP revision is available for inspection at:
Office of Air and Radiation (OAR), Docket and Information Center (Air
Docket 6102), Room 1500, U.S. Environmental Protection Agency, 401 M
Street, SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Francisco Acevedo (312) 886-6061.
SUPPLEMENTARY INFORMATION:
I. Background
The USEPA first proposed to regulate gasoline RVP in 1987 (52 FR
31274). Reid vapor pressure is a measure of a fuel's volatility; the
higher the RVP the faster a fuel evaporates. Emissions of Volatile
Organic Compounds (VOC) react with other pollutants, such as oxides of
nitrogen, to form ozone. Ozone formation is most active during the
summer months because the chemical reactions involved rely on direct
sunlight and high ambient temperatures. Thus, regulations limiting fuel
RVP are designed to protect human health by reducing ozone formation
and human exposure.
USEPA's gasoline RVP proposal resulted in a two-phased final
regulation which Congress incorporated into the Clean Air Act (Act) in
section 211(h). Phase I of the regulation took effect in 1990 (54 FR
11868) for the years 1990 and 1991. The second phase of the regulation
became effective in 1992 (55 FR 23658). The rule divides the
continental United States into two control regions, Class B and Class
C. Generally speaking, the Class B States are the warmer southern and
western states, such as Missouri; and Class C States are the cooler
northern states, such as Illinois. The Phase II regulation limits the
volatility of high ozone season gasoline to 9.0 psi RVP for Class C
areas and limits Class B ozone nonattainment areas to 7.8 psi RVP.
Therefore, the Missouri counties within the St. Louis ozone
nonattainment area are required to meet the 7.8 psi RVP standard while
the Illinois counties have a 9.0 psi RVP limit.
State governments are generally preempted under section
211(c)(4)(A) of the Act from requiring that any or all areas in a State
meet a volatility standard more stringent than the federal
standard.1 However, under 211(c)(4)(C) a State can require a more
stringent standard in its SIP if the more stringent standard is
necessary to achieve the National Ambient Air Quality Standard (NAAQS)
that the SIP implements in a particular nonattainment area. The State
can make this necessity showing by providing evidence that no other
measures exist that would bring about timely attainment, or that such
measures exist and are technically possible to implement, but are
unreasonable or impracticable. If a State makes this showing, it can
lower the volatility to whatever standard is necessary in the
nonattainment area(s).
\1\USEPA promulgated the RVP regulations under both section
211(c) and section 211(h). States are generally preempted under
section 211(c)(4)(A) from requiring fuel standards nonidentical to
Federal standards promulgated under section 211(c)(1).
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II. State Submittal
Section 182(b)(1) of the Act requires all moderate and above ozone
nonattainment areas to achieve a 15 percent reduction of 1990 emissions
of volatile organic material by 1996. The Metro-East area is classified
as ``Moderate'' nonattainment for ozone, and as such is subject to the
15 percent Rate of Progress (ROP) requirement.
The Illinois Environmental Protection Agency (IEPA) developed and
submitted a plan to USEPA on November 22, 1994, outlining the VOC
emission control measures that the State will implement in order to
satisfy the 15 percent ROP requirements. USEPA is currently reviewing
the plan. One of the measures identified in the Metro-East plan was an
RVP limit of 7.8 psi. The Metro-East ozone nonattainment area includes
Madison, Monroe, and St. Clair Counties. The 7.8 psi RVP level was
originally chosen to coincide with the gasoline volatility requirement
for the adjacent St. Louis, Missouri area. However, in December 1993,
the Missouri Department of Natural Resources (DNR) proposed lowering
the St. Louis area gasoline RVP to 7.2 psi. Therefore, in order to
maintain consistency within the area, IEPA proposed a similar 7.2 psi
RVP limit. On April 22, 1994, IEPA filed the proposed 7.2 psi RVP rules
with the Illinois Pollution Control Board (Board). A public hearing on
the rules was held on June 17, 1994, in Chicago, Illinois, and on
September 5, 1994, the Board adopted a Final Opinion and Order for the
proposed amendments. The rules became effective on September 21, 1994,
and they were published in the Illinois State Register on October 7,
1994. The IEPA formally submitted the RVP rule to USEPA on October 25,
1994, as a revision to the Illinois ozone SIP.
Illinois has reviewed all reasonable control measures and
calculated the total reductions that it could achieve through these
measures. The 15 percent ROP modeling has shown that limiting the RVP
of gasoline to 7.2 psi reduces emissions in the Metro-East area by
approximately 8.5 tons per day or 26 percent of the total reduction
needed in the area to meet the 15 percent ROP requirement and to attain
the NAAQS for ozone. Evaluation of the ROP modeling has shown that the
Metro-East area will not be able to demonstrate attainment without
controls that achieve this quantity of emission reduction. Illinois has
selected the RVP control because there are no other reasonable and
practicable emission control options available for the area capable of
achieving this level of emission reduction. In determining whether
other control measures were unreasonable or impracticable, Illinois
considered such factors as cost-effectiveness, unpopularity with the
public, need for consistent RVP standards across the greater
metropolitan area, and the time frame in which such reductions can be
achieved. (See February 9, 1995 TSD for a more detailed discussion of
this analysis).
III. Analysis of Rule
The Illinois RVP rule amends 35 Ill. Adm. Code Part 219 Subpart A
and Subpart Y. The RVP rule limits the volatility of gasoline sold in
Madison, Monroe, and St. Clair Counties to 7.2 psi RVP during the
control period beginning in 1995. The adopted control period included
in the rule is June 1 to September 15 for retail outlets and wholesale
consumers, and May 1 to September 15 for all others. The rule grants a
1 psi waiver for ethanol-blended gasolines that have an ethanol content
between 9 and 10 percent by volume. In addition the Illinois RVP rule
requires all parties involved with the marketing of gasoline to
maintain records indicating that the volatility of each gasoline
shipment is in compliance with the 7.2 psi RVP standard. The control
period, ethanol blend waiver, and recordkeeping requirements are all
consistent with the Act and USEPA's final RVP rule (CAA Sec. 211(h); 40
CFR 80.27).
Gasoline sampling and testing to assure compliance with the
regulation will be performed by the Illinois Department of Agriculture.
Sampling will be performed in accordance with the procedures described
by USEPA in its gasoline volatility regulations in 40 CFR 80 appendix
D. Gasoline volatility and ethanol content tests will be performed
following procedures described by USEPA in 40 CFR 80 appendix E and
appendix F, respectively. Gasoline analysis results will be forwarded
to the IEPA for compliance assurance and the preparation of enforcement
actions. The [[Page 15235]] Illinois Environmental Protection Act
(Illinois Act), section 42(a), states that any person that violates any
provision of this Illinois Act or any regulation adopted by the Board,
or any permit or term or condition thereof, or that violates any
determination or order of the Board pursuant to this Act, shall be
liable to a civil penalty not to exceed $50,000 for the violation and
an additional $10,000 for each day for which the violation continues.
In that this submittal is a regulation adopted by the Board, a
violation of which subjects the violator to penalties under section
42(a), the submittal contains sufficient enforcement penalties for
approval.
IV. Final Rulemaking Action
The USEPA approves the SIP revision submitted by the State of
Illinois. The State of Illinois has submitted a SIP revision that
includes enforceable state regulations which are consistent with
Federal requirements. The State has also committed to perform
enforcement inspections on at least 20 percent of the regulated
stations during the first year of enforcement. Substantial penalties
that will provide an adequate incentive for the regulated industry to
comply and are no less than the expected cost of compliance are
included in current Pollution Control Board Regulation. USEPA is,
therefore, approving this submittal.
Procedural Background
Because USEPA considers this action noncontroversial and routine,
the Agency is approving it without prior proposal. The action will
become effective on May 22, 1995. However, if the USEPA receives
adverse comments by April 24, 1995, then the USEPA will publish a
notice that withdraws the action, and will address the comments
received in response to this direct final rule in the final rule on the
requested SIP revision, which has been proposed for approval in the
proposed rules section of this Federal Register. The comment period
will not be extended or reopened.
This action has been classified as a Table 2 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 (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 any SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory 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 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 SIPs on such grounds.
Union Electric Co. v. U.S. Environmental Protection Agency, 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 May 22, 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, Hydrocarbon,
Incorporation by reference, Ozone.
Dated: February 23, 1995.
Robert Springer,
Acting 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)(109) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(109) On October 25, 1994, Illinois submitted a regulation that
reduced the maximum allowable volatility for gasoline sold in the
Metro-East St. Louis ozone nonattainment area, which includes Madison,
Monroe, and St. Clair Counties, to 7.2 psi during the summer control
period. The summer control period is June 1 to September 15 for retail
outlets and wholesale consumers, and May 1 to September 15 for all
others.
(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, Part 219 Organic Material Emission
Standards and Limitations for Metro East Area,
(A) Section 219.112 Incorporation by Reference. Amended at 18 Ill.
Reg. 14987. Effective September 21, 1994.
(B) Section 219.585 Gasoline Volatility Standards. Amended at 18
Ill. Reg. 14987. Effective September 21, 1994.
[FR Doc. 95-7108 Filed 3-22-95; 8:45 am]
BILLING CODE 6560-50-P
