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

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direct final rule is withdrawn no further rulemaking will occur on this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

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[FR Doc. 97-21142 Filed 8-11-97; 8:45 am]

BILLING CODE 6560-50-P