Approval and Promulgation of Implementation Plans; Illinois

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]

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