[Federal Register Volume 63, Number 173 (Tuesday, September 8, 1998)]
[Rules and Regulations]
[Pages 47431-47434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24037]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL172-1a; FRL-6152-5]
Approval and Promulgation of Implementation Plan; Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On November 14, 1995, and May 9 and June 14, 1996, the State
of Illinois submitted State Implementation Plan (SIP) revision requests
to meet commitments related to the conditional approval of Illinois'
May 15, 1992, SIP submittal for the Lake Calumet (SE Chicago), McCook,
and Granite City, Illinois, Particulate Matter (PM) nonattainment
areas. The EPA is approving the SIP revision request as it applies to
the McCook area, including the attainment demonstration for the McCook
PM nonattainment area. The SIP revision request corrects, for the
McCook PM nonattainment area, all of the deficiencies of the May 15,
1992, submittal (as discussed in the November 18, 1994, conditional
approval notice). This document also revises the codification of the
conditional approval to remove issues which have been resolved. No
action is being taken on the submitted plan revisions for the Lake
Calumet area at this time; they will be addressed in a separate
rulemaking action. Approval of the Granite City PM plan became
effective on May 11, 1998 (see 63 FR 11842).
DATES: This rule is effective on November 9, 1998, unless EPA receives
written adverse comments by October 8, 1998. If adverse comment is
received, EPA will publish a timely withdrawal of the rule in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Copies of the revision request and EPA's analysis 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 David Pohlman at (312) 886-3299 before visiting the Region 5
Office.)
Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
FOR FURTHER INFORMATION CONTACT: David Pohlman at (312) 886-3299.
SUPPLEMENTARY INFORMATION:
I. Background
Under section 107(d)(4)(B) of the Clean Air Act (Act), as amended
on November 15, 1990 (amended Act), certain areas (``initial areas'')
were designated nonattainment for PM. Under section 188 of the amended
Act these initial areas were classified as ``moderate.'' The initial
areas included the Lake Calumet, McCook, and Granite City, Illinois, PM
nonattainment areas. The McCook area includes Lyons Township in Cook
County, Illinois. (See 40 CFR 81.314 for a complete description of
these areas.) Section 189 of the amended Act requires State submittal
of a PM SIP for the initial areas by November 15, 1991. Illinois
submitted the required SIP revision for
[[Page 47432]]
the McCook, Illinois, PM nonattainment area to EPA on May 15, 1992.
Upon review of Illinois' submittal, EPA identified several concerns.
Illinois submitted a letter on March 2, 1994, committing to satisfy all
of these concerns within one year of final conditional approval. On May
25, 1994, the EPA proposed to conditionally approve the SIP. Final
conditional approval was published on November 18, 1994, and became
effective on December 19, 1994. The final conditional approval allowed
the State until November 20, 1995, to correct the stated deficiencies.
Of the five deficiencies, only three apply to the McCook area:
1. Invalid emissions inventory and attainment demonstration, due to
underestimated emissions from 3 coal-fired boilers at CPC
International, and 3 coal-fired boilers at GM Electromotive Division.
2. Failure to adequately address maintenance of the PM National
Ambient Air Quality Standards (NAAQS) for at least 3 years beyond the
applicable attainment date.
3. The following enforceability concerns:
a. Section 212.107, Measurement Methods for Visible Emissions could
be misinterpreted as requiring use of Method 22 for sources subject to
opacity limits as well as sources subject to limits on detectability of
visible emissions.
b. Inconsistencies in the measurement methods for opacity, visible
emissions, and ``PM'' in section 212.110, 212.107, 212.108, and
212.109.
c. Language in several rules which exempts from mass emissions
limits those sources having no visible emissions.
The Illinois Environmental Protection Agency (IEPA) held a public
hearing on the proposed rules on January 5, 1996. The rules became
effective at the State level on May 22, 1996, and were published in the
Illinois Register on June 7, 1996. Illinois made submittals to meet the
commitments related to the conditional approval on November 14, 1995,
May 9, 1996, and June 14, 1996. At this time, the EPA is only acting on
the portions of those submittals that pertain to the McCook PM
nonattainment area.
Based on Illinois' submittals, the EPA is now fully approving the
SIP for the McCook area.
II. Analysis of State Submittal
The first deficiency was an incomplete emissions inventory and
attainment demonstration. The emissions inventory issue involved
emissions estimations from 3 coal-fired boilers at CPC International
and 3 coal-fired boilers at GM Electromotive Division. The EPA had
pointed out that emissions from these sources were underestimated in
the emissions inventory. Illinois recalculated these emissions, and EPA
agrees that they are now correct. (Appendix 1 to Attachment 18 of
Illinois' May 9, 1996 submittal)
To correct the problems with the attainment demonstration and
emissions inventory, Illinois submitted a revised emissions inventory,
which includes corrected emissions estimates from the GM Electromotive
Division and CPC International boilers, and a revised attainment
demonstration including an air quality modeling analysis.
In the submitted modeled attainment demonstration, which uses 5
years of meteorological data, a violation of the 24-hour NAAQS is
indicated when six exceedances of the 24-hour standard are predicted.
Each receptor's predicted 6th highest 24-hour value is, therefore,
compared to the standard. The 24-hour PM standard is 150 micrograms per
cubic meter (``g/m3''). The highest, sixth highest
predicted 24-hour PM concentration at any receptor in the McCook
nonattainment area was 145.3 ``g/m3''. Thus, the
modeling analysis predicts that the 24-hour NAAQS will be met.
A modeled violation of the annual PM standard is indicated when any
receptor's 5 year arithmetic mean annual PM concentration exceeds the
annual PM standard of 50 g/m3. The highest
arithmetic mean annual PM concentration predicted by the modeling for
the McCook area was 47.38 g/m3. Therefore, the
modeling analysis predicts that the annual PM NAAQS will be met.
The second deficiency was Illinois' failure to adequately address
maintenance of the PM NAAQS for at least 3 years beyond the applicable
attainment date. Because of the length of time it may take to determine
whether an area has attained the standards, EPA recommends that PM
nonattainment area SIP submittals demonstrate maintenance of the PM
NAAQS for at least 3 years beyond the applicable attainment date. (See
a August 20, 1991, memorandum from Fred H. Renner, Jr. to Regional Air
Branch Chiefs titled ``Questions and Answers for Particulate Matter,
Sulfur Dioxide, and Lead''.) Illinois' May 15, 1992, submittal took
growth into account in the modeling analysis, but did not sufficiently
address maintenance of the NAAQS for PM.
The attainment date was December 31, 1994. Therefore, Illinois
needs to show maintenance up to December 31, 1997. In the May 9, 1996,
submittal, Illinois used ambient monitoring data to show that
background concentrations of PM were no higher in 1995 than they were
in 1991, and there are no significant trends in background PM
concentrations from 1989 to 1995. Illinois concluded from this analysis
that the effects of growth on ambient PM concentrations in the McCook
PM nonattainment area would continue to be negligible through the end
of the maintenance period. The EPA agrees, because the maintenance
period is over, that the projection of trends in PM background
concentrations is sufficient for this maintenance demonstration.
The final issue from the November 18, 1994, conditional approval
notice which applies to the McCook area involves specific wording in
several of Illinois' rules. In the 1992 submittal, 35 IAC Section
212.107, Measurement Methods for Visible Emissions, stated that Method
22 should be used for ``detection of visible emissions.'' This could be
misinterpreted as requiring use of Method 22 for sources subject to
opacity limits as well as sources subject to limits on detectability of
visible emissions. The revised rule (See the June 14, 1996, submittal)
contains revised language which adequately clarifies the intended uses
of Method 22.
Another wording problem was the fact that measurement methods for
opacity, visible emissions, and ``PM'' in 35 IAC 212.107, 212.108, and
212.109, and 212.110 were not always consistent with each other. The
revised rules in the June 14, 1996, submittal contain much less
potential overlap than the previous rules. The rules are now
consistent.
Finally, several of the rules in the 1992 submittal contained
language which exempted sources with no visible emissions from mass
emissions limits. Illinois has added language which states that the
exemption ``is not a defense to a finding of a violation of the mass
emission limits.'' This issue has been adequately addressed, and these
rules were approved by the USEPA on March 11, 1998. (63 FR 11842)
Section 179(a) of the amended Act states that if the Administrator
finds that a State has failed to make a required submission, finds that
a SIP or SIP revision submitted by the State does not satisfy the
minimum criteria established under section 110(k) of the amended Act,
or disapproves a SIP submission in whole or in part, unless the
deficiency has been corrected within 18 months after the finding, one
of the sanctions referred to in section 179(b) of the amended Act shall
apply until the Administrator determines that the State
[[Page 47433]]
has come into compliance. (Pursuant to 40 CFR 52.31, the first sanction
shall be a sanction requiring 2 to 1 offsets, in the absence of a case-
specific selection otherwise.) If the deficiency has not been corrected
within 6 months of the selection of the first sanction, the second
sanction under section 179(b) shall also apply. In addition, section
110(c) of the Act requires promulgation of a Federal Implementation
Plan (FIP) within 2 years after the finding or disapproval, as
discussed above, unless the State corrects the deficiency and the SIP
is approved before the FIP is promulgated.
On December 17, 1991, a letter was sent to the Governor of Illinois
notifying him that the EPA was making a finding that the State of
Illinois had failed to submit a PM SIP for the McCook PM nonattainment
area. This letter triggered both the sanctions and FIP processes as
explained above. Illinois submitted a PM SIP revision for the
nonattainment area on May 15, 1992, and in an April 30, 1993, letter to
the State the EPA informed the State that the SIP was determined to be
complete. Therefore, the deficiency which started the sanctions and FIP
processes was corrected, and the sanctions process ended. The FIP
process, however, was not stopped by the correction of the deficiency
and EPA was to promulgate a FIP within 2 years of the failure-to-submit
letter (or December 17, 1993), unless a PM SIP for the nonattainment
area was finally approved before then.
On November 18, 1994, the EPA conditionally approved the SIP. The
final conditional approval allowed the State until November 20, 1995,
to correct the five stated deficiencies. Conditional approval does not
start a new sanctions process, unless the State fails to make a
submittal to address the deficiencies, makes an incomplete submittal,
or the submittal is ultimately disapproved. Illinois made a submittal
to meet the commitments related to the conditional approval on November
14, 1995. Supplemental information was submitted on May 9, 1996, and
June 14, 1996. This submittal became complete by operation of law on
May 14, 1996. No sanctions process is currently running. Upon full
approval of the McCook PM plan, FIP liability will also end.
III. Final Rulemaking Action
Illinois has corrected all of the deficiencies listed in the
November 18, 1994, conditional approval as they relate to the McCook PM
nonattainment area. Because Illinois has met all of the commitments of
the conditional approval, the EPA is approving the plan for the McCook
PM nonattainment area.
The EPA is publishing this rule without prior proposal because EPA
views this as a noncontroversial revision and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, the EPA is proposing to approve the SIP revision should
specified written adverse or critical comments be filed. This rule will
become effective without further notice unless the Agency receives
relevant adverse written comment within 30 days from the date of
publication, as indicated above. Should the Agency receive such
comments, it will publish a final rule informing the public that this
rule will not take effect. Any parties interested in commenting on this
action should do so at this time.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review.
B. Executive Order 13045
This final rule is not subject to Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks,'' because it is not an ``economically significant'' action under
Executive Order 12866.
C. Future Requests
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 relevant statutory and regulatory requirements.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
conduct a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small not-for-profit enterprises, and small governmental jurisdictions.
This final rule will not have a significant impact on a substantial
number of small entities because 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 this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of a flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
Clean Air Act forbids 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).
E. 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. This Federal action approves pre-existing requirements under
state or local law, and imposes no new requirements. Accordingly, no
additional costs to state, local, or tribal governments, or the private
sector, result from this action.
F. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress, and to the Comptroller General of the
United States. EPA will submit 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 United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
G. 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 November 9, 1998. 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
[[Page 47434]]
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.
Dated: August 11, 1998.
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 et seq.
Subpart O--Illinois
2. Section 52.719 is amended by revising paragraph (a) to read as
follows:
Sec. 52.719 Identification of plan--Conditional approval.
* * * * *
(a) On May 15, 1992, Illinois submitted a part D particulate matter
(PM) nonattainment area plan for the Lake Calumet (Southeast Chicago)
moderate nonattainment area. This plan included control measures
adopted in a final opinion and order of the Illinois Pollution Control
Board, on April 9, 1992, in proceeding R91-22. The United States
Environmental Protection Agency conditionally approved the State's
plan, contingent on fulfillment of the State's commitment to meet 3
requirements by November 20, 1995. The first requirement is for the
State to adopt and submit additional enforceable control measures, if
necessary, that will achieve attainment. The second requirement is for
the State to submit a complete and accurate emissions inventory
(including corrected emissions estimates, as well as any new control
measures which may be needed) and an acceptable modeled attainment
demonstration. The third requirement is for the State to impose an
opacity limit for coke oven combustion stacks which is reflective of
their mass emission limits.
(1) Incorporation by reference.
(i) Illinois Administrative Code Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control
Board, Subchapter c: Emission Standards and Limitations for Stationary
Sources, Part 211: Definitions and General Provisions, Subpart A:
General Provisions, Section 211.101. Adopted at 16 Illinois Register
7656, effective May 1, 1992. (ii) Illinois Administrative Code Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter 1:
Pollution Control Board, Subchapter c: Emission Standards and
Limitations for Stationary Sources, Part 212: Visible and Particulate
Matter Emissions, Subpart A: General, Sections 212.107, 212.108,
212.109, 212.110, 212.113; Subpart E: Particulate Matter Emissions from
Fuel Combustion Sources, Section 212.210; Subpart K: Fugitive
Particulate Matter, Sections 212.302, 212.309, 212.316; Subpart L:
Particulate Matter from Process Emission Sources, Section 212.324;
Subpart N: Food Manufacturing, Section 212.362; Subpart Q: Stone, Clay,
Glass and Concrete Manufacturing, Section 212.425; Subpart R: Primary
and Fabricated Metal Products and Machinery Manufacture, Section
212.458; Subpart S: Agriculture, Section 212.464; Section 212
Illustration D: McCook Vicinity Map, Illustration E: Lake Calumet
Vicinity Map, and Illustration F: Granite City Vicinity Map. Adopted at
16 Illinois Register 7880, effective May 11, 1992.
3. Section 52.725 is amended by adding paragraph (f) to read as
follows:
Sec. 52.725 Control strategy: Particulates.
* * * * *
(f) On November 14, 1995, May 9, 1996, and June 14, 1996, the State
of Illinois submitted State Implementation Plan (SIP) revision requests
to meet commitments related to the conditional approval of Illinois'
May 15, 1992, SIP submittal for the Lake Calumet (SE Chicago), McCook,
and Granite City, Illinois, Particulate Matter (PM) nonattainment
areas. The EPA is approving the SIP revision request as it applies to
the McCook PM nonattainment area. For the McCook PM nonattainment area,
all of the deficiencies of the May 15, 1992, submittal have been
corrected.
[FR Doc. 98-24037 Filed 9-4-98; 8:45 am]
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