Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL103-1-6696a; FRL-5283-8]

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: On November 30, 1994, the State of Illinois submitted a State

Implementation Plan (SIP) revision request to the United States

Environmental Protection Agency (USEPA) for Synthetic Organic Chemical

Manufacturing Industry (SOCMI) air oxidation processes as part of the

State's 15 percent (%) Reasonable Further Progress (RFP) Plan control

measures for Volatile Organic Matter (VOM) emissions. USEPA made a

finding of completeness in a letter dated January 27, 1995. A final

approval action is being taken because the submittal meets all

pertinent Federal requirements. The SIP revision tightens the source

applicability standard for air oxidation processes beyond the existing

standard contained in subpart V of 35 Illinois Administrative Code

Parts 218 and 219, thereby extending the applicability of Reasonably

Available Control Technology (RACT) to additional sources. The revision

also adds requirements to sources already covered under the existing

SOCMI air oxidation process regulations, as well as new sources of this

source category. The USEPA is publishing this action without prior

proposal because USEPA views this action as a noncontroversial revision

and anticipates no adverse comments. However, USEPA is publishing a

separate document in this Federal Register publication, which

constitutes a ``proposed approval'' of the requested SIP revision and

clarifies that the rulemaking will not be deemed final if timely

adverse or critical comments are filed. If USEPA receives comments

adverse to or critical of the approval, USEPA will withdraw this

approval before its effective date by publishing a subsequent Federal

Register document which withdraws this final action. All public

comments received will then be addressed in a subsequent rulemaking

document. Please be aware that USEPA will institute another comment

period on this action only if warranted by significant revisions to the

rulemaking based on any comments received in response to today's

action. Any parties interested in commenting on this action should do

so at this time.

DATES: The ``direct final'' approval shall be effective on November 27,

1995, unless USEPA receives adverse or critical comments by October 27,

1995. If no such comments are received, USEPA hereby advises the public

that this action will be effective on November 27, 1995.

ADDRESSES: Copies of the revision request and USEPA's analysis

(Technical Support Document) are available for inspection at the

following address: U.S. Environmental Protection Agency, Region 5, Air

and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois

60604. (It is recommended that you telephone Mark J. Palermo at (312)

886-6082 before visiting the Region 5 Office.)

Written comments should be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Regulation Development Branch (AR-18J),

U.S. Environmental Protection Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo at (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(b)(1) of the Clean Air Act requires all moderate and

above ozone nonattainment areas to achieve a 15 percent reduction of

1990 emissions of VOM by 1996 (VOM, as defined by the State of

Illinois, is identical to ``volatile organic compounds,'' as defined by

the USEPA). In Illinois, the Chicago area is classified as ``severe''

nonattainment for ozone, while the Metro-East area is classified as

``moderate'' nonattainment. As such, these areas are subject to the 15

percent RFP requirement.

On June 14, 1994, the Illinois Environmental Protection Agency

(IEPA) filed the proposed amendments to the SOCMI air oxidation

processes rule with the Illinois Pollution Control Board (Board). A

public hearing on the rule was held on August 4, 1994, in Chicago,

Illinois, and on October 20, 1994, the Board adopted a Final Opinion

and Order for the proposed amendments. The amended rule became

effective on November 15, 1994, and it was published in the Illinois

State register on November 28, 1994.

The IEPA formally submitted the amended air oxidation rule to USEPA

on November 30, 1994, as a revision to the Illinois SIP for ozone. In

doing so, IEPA believes that the air oxidation rule's extended

applicability and tightened control measures will help reduce VOM

emissions enough to meet the 15% RFP requirements.

II. Analysis of State Submittal

The November 30, 1994, amendments to Illinois' SOCMI air oxidation

process rule extended to additional sources applicability of the rule's

Reasonably Available Control Technology (RACT) requirements, which

include the use of a combustion device to control VOM emissions with an

efficiency of at least 98% or emit VOM at a concentration less than

twenty parts per million by volume, dry basis. To determine whether the

requirements apply to a particular source, USEPA's Control Technique

Guideline (CTG) for SOCMI air oxidation processes requires the use of a

Total Resource Effectiveness (TRE) index, which takes into account all

resources which are expected to be used in VOM emission control. Prior

to the amendments, the Illinois rule followed the CTG's determination

of source applicability to RACT by requiring that all SOCMI air

oxidation processes in the Chicago and Metro-East ozone nonattainment

areas with a TRE value of 1.0 or less be required to meet RACT for this

source category. With these amendments, the Illinois rule's RACT

applicability is extended to SOCMI air oxidation processes in the

Chicago and Metro-East ozone nonattainment areas with a TRE value of

6.0 or less.

Sources with a TRE value greater than 1.0 and less than or equal to

6.0, which were in operation before October, 25, 1994, must come into

compliance with the rule's control measures by December 31, 1999. Other

such sources with a TRE of 6.0 or less which come into operation after

October 25, 1994, must meet RACT requirements upon start-up of the

emission unit. Sources with a TRE level of 1.0 or less are already

required to be in full compliance.

In addition, the SOCMI air oxidation processes rule has been

amended to state that the TRE level will be based upon the source's

individual process vent streams, or the combination thereof, whichever

is more stringent. Also included in the amended rule is the requirement

that air oxidation process vent streams currently controlled by

combustion devices must continue to be controlled by such devices in

compliance with the Illinois rule requirements. Further, once

applicability has been triggered, operational changes to a source which

causes the TRE index value to increase

[[Page 49771]]

beyond the 6.0 value do not preclude RACT requirements for that source.

Finally, the current adopted federally-approved Illinois air

oxidation RACT rule allowed that pre-existing combustion devices were

not required to meet the 98% control efficiency requirement until

replacement, as recommended by the SOCMI air oxidation CTG. The amended

rule eliminates that exemption by requiring that all pre-existing

combustion devices meet the 98% control requirement by December 31,

1999. Moreover, an additional requirement is added for sources which

operate pre-existing combustion devices for phthalic anhydride air

oxidation processes, which provides that such devices must meet a 90%

control efficiency or emit a VOM concentration of less than 50 parts

per million by volume, dry basis.

III. Final Rulemaking Action

The USEPA has undertaken its analysis of the SIP revision request

based on a review of the materials presented by IEPA, the SOCMI air

oxidation CTG, and USEPA's model VOC rules, and has determined that

this SIP revision request is approvable.

This amended rule, applicable to the Chicago and Metro-East St.

Louis ozone nonattainment areas, amends 35 Ill. Adm. Code sections 218/

219.520 (renumbered from 218/219.525) and 218/219.Appendix C, and adds

Sections 218/219.522, 218/219.523, and 218/219.524.

The USEPA is publishing this action without prior proposal because

USEPA views this action as a noncontroversial revision and anticipates

no adverse comments. However, USEPA is publishing a separate document

in this Federal Register publication, which constitutes a ``proposed

approval'' of the requested SIP revision and clarifies that the

rulemaking will not be deemed final if timely adverse or critical

comments are filed. The ``direct final'' approval shall be effective on

November 27, 1995 unless USEPA receives adverse or critical comments by

October 27, 1995. If USEPA receives comments adverse to or critical of

the approval discussed above, USEPA will withdraw this approval before

its effective date by publishing a subsequent Federal Register document

which withdraws this final action. All public comments received will

then be addressed in a subsequent rulemaking document. Please be aware

that USEPA will institute another comment period on this action only if

warranted by significant revisions to the rulemaking based on any

comments received in response to today's action. Any parties interested

in commenting on this action should do so at this time. If no such

comments are received, USEPA hereby advises the public that this action

will be effective on November 27, 1995.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget has exempted

this regulatory action from Executive Order 12866 review.

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. USEPA shall consider each request for revision to the SIP in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded

Mandates Act'') (signed into law on March 22, 1995) requires that the

USEPA prepare a budgetary impact statement before promulgating a rule

that includes a Federal mandate that may result in expenditure by

State, local, and tribal governments, in aggregate, or by the private

sector, of $100 million or more in any one year. Section 203 requires

the USEPA to establish a plan for obtaining input from and informing,

educating, and advising any small governments that may be significantly

or uniquely affected by the rule.

Under section 205 of the Unfunded Mandates Act, the USEPA must

identify and consider a reasonable number of regulatory alternatives

before promulgating a rule for which a budgetary impact statement must

be prepared. The USEPA must select from those alternatives the least

costly, most cost-effective, or least burdensome alternative that

achieves the objectives of the rule, unless the USEPA explains why this

alternative is not selected or the selection of this alternative is

inconsistent with law.

Because this final rule is estimated to result in the expenditure

by State, local, and tribal governments or the private sector of less

then $100 million in any one year, the USEPA has not prepared a

budgetary impact statement or specifically addressed the selection of

the least costly, most cost-effective, or least burdensome alternative.

Because small governments will not be significantly or uniquely

affected by this rule, the USEPA is not required to develop a plan with

regard to small governments. This rule only approves the incorporation

of existing state rules into the SIP. It imposes no additional

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

Clean Air 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 the

State action. The Clean Air Act forbids USEPA to base its actions

concerning SIPs on such grounds. Union Electric Co. v. USEPA, 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 November 27, 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, Incorporation by

reference.

Dated: August 9, 1995.

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:

[[Page 49772]]

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)(114) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(114) On November 30, 1994, the State submitted an amended

Synthetic Organic Chemical Manufacturing Industry Air Oxidation Process

rule which consisted of extended applicability and tightened control

measures to the Ozone Control Plan for the Chicago and Metro-East St.

Louis areas.

(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.

(A) Part 218: Organic Material Emission Standards and Limitations

for the Chicago Area, Subpart V; Air Oxidation Processes, Sections

218.520 Emission Limitations for Air Oxidation Processes, 218.522

Savings Clause, 218.523 Compliance, 218.524 Determination of

Applicability, and 218.525 Emission Limitations for Air Oxidation

Processes (Renumbered) at 18 Ill. Reg. 16972, effective November 15,

1994.

(B) Part 219: Organic Material Emissions Standards and Limitations

for the Metro-East Area, Subpart V; Air Oxidation Processes, Sections

219.520 Emission Limitations for Air Oxidation Processes, 219.522

Savings Clause, 219.523 Compliance, 219.524 Determination of

Applicability, and 219.525 Emission Limitations for Air Oxidation

Processes (Renumbered) at 18 Ill. Reg. 17001, effective November 15,

1994.

[FR Doc. 95-23965 Filed 9-26-95; 8:45 am]

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