94-18955. Approval and Promulgation of Implementation Plans; Illinois  

  • [Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-18955]
    
    
    [[Page Unknown]]
    
    [Federal Register: August 4, 1994]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 52
    
    [IL70-1-6254A; FRL-5013-4]
    
     
    
    Approval and Promulgation of Implementation Plans; Illinois
    
    AGENCY: Environmental Protection Agency.
    
    ACTION: Final rule.
    
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    SUMMARY: The United States Environmental Protection Agency (USEPA) is 
    approving a February 11, 1993, State submittal requesting a revision to 
    the Illinois State Implementation Plan (SIP) for carbon monoxide (CO). 
    The revision pertains to a site-specific emission limit for an iron 
    foundry operated by General Motors Corporation (GMC) and located 
    adjacent to Interstate 74 at G Street in Vermilion County, Illinois. 
    Vermilion County has been designated by USEPA as ``unclassifiable/
    attainment'' for carbon monoxide. 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 final rule 
    and address the comments received in response to this final rule in a 
    final rule on the related proposed rule which is being published in the 
    proposed rules section of this Federal Register.
    
    EFFECTIVE DATE: This action will be effective October 3, 1994 unless 
    notice is received by September 6, 1994 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 should be addressed to: J. Elmer Bortzer, 
    Chief, Regulation Development Section, Regulation Development Branch 
    (5AR-18J), United States Environmental Protection Agency, Region 5, 77 
    West Jackson Boulevard, Chicago, Illinois 60604.
        Copies of the State's submittal and other information are available 
    for inspection during normal business hours at the following location: 
    Regulation Development Section, Regulation Development Branch (AR-18J), 
    United States Environmental Protection Agency, Region 5, 77 West 
    Jackson Boulevard, Chicago, Illinois 60604.
        A copy of the SIP revision is located at the Office of Air and 
    Radiation (OAR) Docket and Information Center (Air Docket 6102), Room 
    M1500, U.S. Environmental Protection Agency, 401 M Street SW., 
    Washington, DC 20460, (202) 260-7548.
    
    FOR FURTHER INFORMATION CONTACT: Fayette Bright, Regulation Development 
    Section, Regulation Development Branch (AR-18J), United States 
    Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
    Chicago, Illinois 60604, (312) 886-6069.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On October 1, 1992, the Illinois Pollution Control Board (IPCB) 
    adopted a Final Opinion and Order amending Title 35: Environmental 
    Protection, Subtitle B: Air Pollution Chapter I: Pollution Control 
    Board (35 IAC) section 216.381 revising the allowable emission limit of 
    gases containing CO from 200 ppm to 2,000 ppm for the GMC iron foundry 
    in Vermilion County, Illinois.
        The GMC foundry manufactures iron castings for the automotive 
    industry. The castings include brake drums, bearing caps, differential 
    carriers, water pumps and brake rotors. The foundry is located 
    approximately 1.5 miles from downtown Danville adjacent to Interstate 
    74 at G Street, in an area that is predominately agricultural, with 
    some residential sections. This is the only iron foundry in Vermilion 
    County. Vermilion County has been designated by USEPA as 
    ``unclassifiable/attainment'' of the National Ambient Air Quality 
    Standards (NAAQS) for CO (Refer to title 40 of the Code of Federal 
    Regulations Sec. 81.314, 1992).
        The GMC foundry is presently using two cupolas, Number 2 and Number 
    3, in its foundry operation. A cupola is a vertical shaft furnace which 
    is fed or ``charged'' with layers of metallics, coke and limestone. 
    Cupola melting is used by GMC to melt scrap metal. Approximately 
    220,000 tons of scrap metal are remelted and made into castings each 
    year. Typical cupola exhaust gases contain 13 to 27 percent CO. This is 
    the equivalent of 130,000 to 270,000 parts per million (ppm). In a 
    cupola, high CO levels and specific carbon dioxide ratios are important 
    to the metallurgical properties of the iron. These levels can be 
    minimized by proper selection of fuels, charge material, and by major 
    facility changes, but cannot be eliminated.
        In July 1988, emission tests of the cupolas showed CO emissions 
    from both cupolas were in excess of 200 ppm. CO was present at a 
    concentration of 8,317 ppm for Cupola Number 3 and at 4,563 ppm for 
    Cupola Number 2. Subsequent tests showed CO concentrations as high as 
    16,053 ppm for Cupola Number 3. As a result of these tests, GMC 
    initiated an aggressive plan to modify the system beyond the state-of-
    the art contemplated by the regulation. In November 1988, GMC filed a 
    petition for a variance in order to continue the operation of the 
    foundry while it implemented corrective action to reduce the 
    concentration of CO in its emissions. Although modifications have 
    significantly reduced emissions, compliance with the 200 ppm limitation 
    has not been achieved. However, emissions have dropped from a high 
    concentration of approximately 18,000 ppm to below 2,000 ppm. A 
    computer modeling study discussed below demonstrated that CO emissions 
    at the rate of 2,000 ppm would not adversely affect the National 
    Ambient Air Quality Standards (NAAQS). The purpose of this source 
    specific SIP revision request is to permanently amend GMC's allowable 
    emission limit of gases containing CO from 200 ppm to 2,000 ppm for 
    this iron foundry.
    
    II. Analysis of State Submittal
    
        As previously stated, the IPCB has adopted a site-specific 
    regulation revising the allowable emission limit of CO from GMC cupolas 
    in Vermilion County from 200 ppm to 2,000 ppm. The new language reads 
    as follows:
    
        The standard for CO for 35 IAC 216.381 shall not apply to the 
    existing foundry located adjacent to Interstate 74 at G street in 
    Vermilion County, owned by GMC on the effective date of this 
    regulation. The emission of carbon monoxide from this foundry shall 
    not exceed 2,000 ppm corrected to 50 percent excess air.
    
        Title 35: Environmental Protection, Subtitle B: Air Pollution, 
    Chapter I: Pollution Control Board of the Illinois Administrative Code 
    (35 IAC) Part 216--Carbon Monoxide Emissions, contains the regulations 
    regarding this SIP revision request. Section 216.101--Measurement 
    Methods, contains measurement methods applicable to GMC's site-specific 
    SIP revision request. This section states that carbon monoxide 
    concentrations in an effluent stream shall be measured by the non-
    dispersive infrared method or by other methods approved by the Illinois 
    Environmental Protection Agency (IEPA) according to the provisions of 
    35 IAC 201.
        The USEPA had concerns about the test method and recordkeeping for 
    this source. Specifically the test methods and recordkeeping 
    requirements relied on in this requested SIP revision were not 
    sufficient to ensure compliance with the limit and maintenance of the 
    CO NAAQS. Further, because section 216.201 allows IEPA to modify the 
    test methods utilized and because case law indicates that such State 
    discretionary actions modify the SIP without Federal comment or 
    approval USEPA would be required to disapprove this requested SIP 
    revision since the possibility of modification without Federal approval 
    would impede attainment and maintenance of the NAAQS. (See for example 
    United States of America v. Allsteel Inc. (No. 87C4638 ND Illinois, 
    August 30, 1989).
        USEPA would ordinarily propose to disapprove this site-specific 
    regulation and recommend that the State modify the regulations in the 
    requested SIP revision to incorporate the appropriate test methods, 
    recordkeeping and reporting requirements and to remove the 
    discretionary provisions or at least to limit their effectiveness until 
    they were approved as a SIP revision by USEPA. However, on December 17, 
    1992 (57 FR59928) Illinois' operating permit program was approved by 
    USEPA and incorporated into the SIP for the purpose of issuing 
    Federally Enforceable State Operating Permits (FESOP). As operating 
    permits issued following the approved State requirements are federally 
    enforceable, Illinois addressed USEPA's concerns by including adequate 
    test methods and recordkeeping requirements as discussed in section 3 
    in a FESOP for the GMC iron foundry.
    
    Modeling Results
    
        The USEPA reviewed the dispersion modeling analysis performed by 
    Versar Incorporated for this SIP revision request and has determined 
    that the analysis is acceptable as a demonstration of attainment and 
    maintenance of the NAAQS for CO. This attainment and maintenance 
    demonstration was performed in accordance with USEPA guidance.
    
    III. Final Rulemaking Action
    
        The USEPA approves the February 11, 1993, submittal as a revision 
    to the Illinois CO SIP for the GMC iron foundry in Vermilion County 
    amending 35 IAC section 216.381 because the deficiencies identified 
    were corrected in a FESOP issued to the Source. Vermilion County is and 
    has always been designated as attainment for CO and ozone and the 
    emission limit set forth in the SIP revision was shown through the 
    modeling analysis not to cause or contribute to a violation of the 
    NAAQS for CO. Because the State included the following conditions in a 
    FESOP, the SIP revision is now federally enforceable upon the effective 
    date of this action.
    
    1. Specific test method to be used;
    2. Identification as to whether a continuous or integrated sample is to 
    be used in the test method;
    3. A compliance test that contains averaging times; and
    4. The appropriate reporting and recordkeeping requirements to insure 
    compliance.
    
        Because USEPA considers this action noncontroversial and routine, 
    we are approving it without prior proposal. This action will become 
    effective on October 3, 1994. However, if the USEPA receives adverse 
    comments by September 6, 1994, then the USEPA will publish a notice 
    that withdraws the action, and will address the comments received in 
    response to this 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. A future notice will inform the general public of 
    these tables. On January 6, 1989, the Office of Management and Budget 
    (OMB) waived Table 2 and Table 3 SIP revisions (54 FR 2222) from the 
    requirements of Section 3 of Executive Order 12291 for 2 years. The 
    USEPA has submitted a request for a permanent waiver for Table 2 and 
    Table 3 SIP revisions. The OMB has agreed to continue the temporary 
    waiver until such time as it rules on USEPA's request. This request 
    continues in effect under Executive Order 12866 which superseded 
    Executive Order 12291 on September 30, 1993. The 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 the 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.
        The 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. USEPA., 427 U.S. 246, 256-66 (1976).
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Carbon monoxide.
    
        Authority 42 U.S.C. 7401-7671q.
    
        Dated: June 16, 1994.
    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)(103) to read 
    as follows:
    
    
    Sec. 52.720  Identification of plan.
    
    * * * * *
        (c) * * *
        (103) On February 11, 1993, Illinois submitted a site specific 
    revision to its carbon monoxide State Implementation Plan for a General 
    Motors Corporation iron foundry located adjacent to Interstate 74 at G 
    Street in Vermilion County, Illinois.
        (i) Incorporation by reference.
        (A) Illinois Administrative Code; Title 35 Environmental 
    Protection; Subtitle B: Air Pollution; Chapter I: Pollution Control 
    Board; Subchapter C: Emission Standards and Limitations for Stationary 
    Sources; P 216: Carbon Monoxide Emissions; Subpart O: Primary and 
    Fabricated Metal Products; Section 216.382 Exception, General Motors 
    Ferris Foundry in Vermilion County. Added at 16 Illinois Register 
    18075, effective November 13, 1992.
    
    [FR Doc. 94-18955 Filed 8-3-94; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
10/3/1994
Published:
08/04/1994
Department:
Environmental Protection Agency
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-18955
Dates:
This action will be effective October 3, 1994 unless notice is received by September 6, 1994 that someone wishes to submit adverse comments. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 4, 1994, IL70-1-6254A, FRL-5013-4
CFR: (1)
40 CFR 52.720