Approval and Promulgation of Implementation Plans; Revision to the Illinois State Implementation Plan for Ozone

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direct final rule is withdrawn no further rulemaking will occur on this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