[Federal Register Volume 62, Number 155 (Tuesday, August 12, 1997)]
[Rules and Regulations]
[Pages 43100-43102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21142]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL137-1a; FRL-5868-5]
Approval and Promulgation of Implementation Plans; Revision to
the Illinois State Implementation Plan for Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA approves the State Implementation Plan (SIP) revision
request submitted by the State of Illinois on May 14, 1996, for the
purpose of making a change to the regulatory control period established
for Illinois' 7.2 pounds per square inch (psi) Reid Vapor Pressure
(RVP) regulations currently required for the Metro-East St. Louis
(Metro-East) moderate ozone nonattainment area which includes Madison,
Monroe, and St. Clair Counties. In addition, EPA is approving a
correction to the identification number for the Clark Oil Company
listed in Illinois' Marine Vessel Loading rule. 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, EPA is proposing approval of and
soliciting public comment on this requested SIP revision. If adverse
written comments are received on this direct final rule, EPA 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direct final rule is withdrawn no further rulemaking will occur on this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 October 14, 1997 unless written
adverse or critical comments are received by September 11, 1997. 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), Air Programs Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
Copies of the SIP revision request and EPA's analysis (Technical
Support Document) are available for inspection at the following
address: (It is recommended that you telephone
[[Page 43101]]
Francisco Acevedo at (312) 886-6061 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: Francisco Acevedo, Environmental
Protection Specialist, at (312) 886-6061.
SUPPLEMENTARY INFORMATION:
I. Background
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.
The EPA first proposed to regulate gasoline RVP in 1987 (52 FR
31274). EPA'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 more stringent volatility 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 Standards (NAAQS). 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
impractical. If a State makes this showing, it can lower the volatility
to whatever standard is necessary in the nonattainment area(s).
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\1\ EPA 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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On October 25, 1994, the Illinois Environmental Protection Agency
(IEPA) formally submitted 7.2 psi RVP rules to EPA, as a revision to
the Illinois ozone SIP. On March 23, 1995, EPA published a Federal
Register document approving the Illinois 7.2 psi RVP rules as a
revision to the State SIP. (March 23, 1995, FR 60 FR 15233).
II. State Submittal
On May 14, 1996, IEPA formally submitted a State Implementation
Plan revision request which included final amendments to Ill. Adm. Code
219.585(a) and 219.Appendix E. The amendment in Adm. Code 219.585(a)
pertains to a change to the regulatory control period in Illinois' 7.2
RVP rules approved by EPA on March 23, 1995. The amendment in Adm. Code
219. Appendix E is a housekeeping matter that corrects an error in the
identification number of Clark Oil Company terminal which is subject to
Illinois' Marine Vessel Loading rules. IEPA originally filed proposed
rules with the Illinois Pollution Control Board (Board) on September 6,
1995. Public Hearings were held on October 25, 1995, in Springfield,
Illinois and October 26, 1995, in Edwardsville, Illinois. On February
1, 1996, the Board adopted a final Opinion and Order for both of the
proposed amendments. On March 1, 1996 the amended rule for R96-2 was
published in the Illinois Register.
III. Analysis of Rule
The Illinois 7.2 psi RVP rule approved by EPA on March 23, 1995,
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 was June 1 to
September 15 for retail outlets and wholesale consumers, and May 1 to
September 15 for all others.
The Illinois submittal being approved in this notice changes the
compliance date for all sources that currently have an annual
compliance date of May 1st of each year for 7.2 psi RVP gasoline to
June 1st of each year. The compliance date for gasoline supply
facilities adopted earlier was inconsistent with the federal compliance
date for southern ozone nonattainment areas. Federal regulations lower
RVP of gasoline in two steps. Step I requires the entire country to
have 9.0 psi RVP at the supply facilities beginning on May 1st of each
year. Step II requires that southern ozone nonattainment areas, such as
St. Louis, Missouri, have 7.8 psi RVP gasoline at both supply and
retail levels beginning on June 1st of each year. See June 11, 1990
Federal Register (55 FR 23658).
The Illinois rules approved by EPA on March 23, 1995, required 7.2
psi RVP gasoline at supply facilities in the Metro-East area in May
when the rest of the country was only required to have 9.0 psi RVP
gasoline under the Federal RVP requirements. Due to the geography of
the St. Louis area, in which the Metro-East nonattainment portion is
part of the larger St. Louis metropolitan area and market, and due to
the limited storage capacity for petroleum products, not changing the
May 1 compliance date for those facilities located in the Metro-East
ozone nonattainment area requires that for the month of May the
petroleum refining industry supply and sell to the majority of the St.
Louis area market 7.2 psi RVP gasoline, when such gasoline is only
required in the Illinois portion of the metropolitan area which makes
up only 20 to 25 percent of the market.
In addition to the issue of the regulatory control period for low
volatility gasoline, EPA is approving Illinois' correction of an error
regarding the identification number for the Clark Oil Company, as found
in 35 Ill. Adm. Code 219.Appendix E. The correction changes the
identification number from 197800AAA to 119050AAA. The Clark Oil
Company terminal is currently subject to Marine Vessel Loading rules.
These rules were adopted by the Illinois Pollution Control Board on
October 20, 1994, and were approved by EPA in a Federal Register
published April 3, 1995 (60 FR 16801).
IV. Final Action
The EPA is approving Illinois' changes to 35 Ill. Adm. Code
219.585(a), as a revision to the ozone SIP which establishes a uniform
annual date of June 1 upon which all regulated gasoline facilities must
comply with Illinois' 7.2 psi RVP gasoline requirements. EPA is also
approving Illinois' correction of the identification number for the
Clark Oil Company, as found in 35 Ill. Adm. Code 219.Appendix E from
197800AAA to 119050AAA.
The EPA is publishing this action without prior proposal because
EPA views this as a noncontroversial revision and anticipates no
adverse
[[Page 43102]]
comments. However, in a separate document in this Federal Register
publication, the EPA is proposing to approve the SIP revision should
written adverse or critical comments be filed. This action will be
effective on October 14, 1997 unless, by September 11, 1997, written
adverse or critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent rulemaking that
will withdraw the final action. All written public comments received
will 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 October 14,
1997.
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.
V. 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
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.
This Federal action authorizes and approves into the Illinois SIP
requirements previously adopted by the state, and imposes no new
requirements. Therefore, the Administrator certifies 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 the EPA to base its actions concerning SIPs on such grounds
(Union Electric Co. v. EPA., 427 U.S. 246, 256-66 (1976); 42 U.S.C.
7410(a)(2)).
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. The EPA has determined that the final action does not include
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. This Federal action authorizes and approves into
the Illinois SIP requirements previously adopted by the state, and
imposes no new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to 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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 14, 1997. 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,
Ozone.
Dated: July 1, 1997.
David A. Ullrich,
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)(106)(i)(D) and
revising paragraph (c)(109) to read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(106) * * *
(i) * * *
(D) Part 219: Organic Material Emissions Standards and Limitations
for the Metro-East Area, Appendix E: List of affected Marine Terminals
amended at 20 Ill. Reg. 3848. Effective February 15, 1996.
* * * * *
(109) On October 25, 1994, Illinois submitted a regulation that
reduces 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 pounds per square inch Reid
Vapor Pressure (RVP) during the summer control period. On May 14, 1996,
Illinois submitted an amendment to its RVP rule which changes the
summer regulatory control period of the program. The summer control
period for the Illinois RVP program is June 1 to September 15.
(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) (Reserved)
(C) Section 219.585 Gasoline Volatility Standards. Amended at 20
Ill. Reg. 3848: Effective February 15, 1996.
* * * * *
[FR Doc. 97-21142 Filed 8-11-97; 8:45 am]
BILLING CODE 6560-50-P
