[Federal Register Volume 72, Number 82 (Monday, April 30, 2007)]
[Rules and Regulations]
[Pages 21116-21119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8104]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-0138; FRL-8302-5]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving the incorporation of revised air
pollution permitting and emission standards rules into the Illinois
State Implementation Plan (SIP). The State submitted this request for
revision to its SIP to EPA on May 31, 2006. This approval makes the
State's rules federally enforceable.
DATES: This rule is effective on June 29, 2007, unless EPA receives
adverse comment by May 30, 2007. If adverse comments are received, EPA
will publish a timely withdrawal of the direct final rule in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-0138, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (312) 886-5824.
4. Mail: Pamela Blakley, Chief, Air Permits Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Air Permits Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only
accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2007-0138. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. We recommend that you telephone Constantine Blathras at (312)
886-0671 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Air and
Radiation Division, Air Programs Branch, U.S. Environmental Protection
Agency, Region 5, 77 W. Jackson Boulevard (AR-18J), Chicago, Illinois
60604.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us'', or
``our'' are used to mean EPA. This supplementary information section is
arranged as follows:
I. Questions and Answers
A. What action is EPA taking?
B. Why is EPA taking this action?
C. How do these rule changes affect current Federal
requirements?
D. Why has the State made these regulatory changes?
E. What types of emission units are affected by these changes?
F. How will EPA's approval of revised permit exemptions affect
air quality?
G. Does this SIP revision contain any other changes?
II. Statutory and Executive Order Reviews
I. Questions and Answers
A. What action is EPA taking?
We are approving two revisions to the Illinois SIP which the State
of Illinois requested. Specifically, we are approving the incorporation
of revisions to Title 35 of the Illinois Administrative Code (35 IAC)
201.146, Exemptions from State Permit Requirements into the Illinois
SIP. These revisions clarify, modify, and add to the list of emission
units and activities which are exempt
[[Page 21117]]
from State permitting requirements. The revision adds some emission
units and activities to the list of those that are exempt from certain
State permitting requirements, and clarifies that other State
permitting requirements may apply for the entire facility. For example,
if a new emission unit is subject to Federal New Source Performance
Standards, then it will need a State construction permit.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective June 29, 2007
without further notice unless we receive relevant adverse written
comments by May 30, 2007. If we receive such comments, we will withdraw
this action before the effective date by publishing a subsequent
document that will withdraw the final action. All public comments
received will then be addressed in a subsequent final rule based on the
proposed action. The EPA will not institute a second comment period.
Any parties interested in commenting on this action should do so at
this time. If we do not receive any comments, this action will be
effective June 29, 2007.
B. Why is EPA taking this action?
We are acting on a May 31, 2006, request from the Illinois EPA to
revise the Illinois SIP.
C. How do these rule changes affect current Federal requirements?
State construction or operating permits are no longer required for
certain categories of emission units and activities listed in 35 IAC
201.146, Exemptions from State Permit Requirements. These rule changes
do not affect permitting under major New Source Review or Federal
operating permits under Title V of the Clean Air Act.
D. Why has the State made these regulatory changes?
The State made these changes primarily to remove the requirement to
obtain a State construction and operating permit for emission units
with very low emissions and where the permit would serve no real
environmental or informational need.
Many of these emission units have been deemed insignificant under
Illinois' Clean Air Act Permit Program (CAAPP) as specified in 35 IAC
201.210 and, therefore, warrant consideration for exemption from State
permitting requirements. However, the emission units categories listed
as insignificant in 35 IAC 201.210 are not automatically exempted in
201.146, because Illinois does not believe that all of the activities
listed as insignificant under the CAAPP merit exemption from State
permit requirements. Illinois' rationale is that Illinois EPA retains
some discretion under the CAAPP, as it applies to sources that are
required to submit an application for a State construction and
operating permit. The CAAPP permit application process allows Illinois
EPA the opportunity to evaluate proposed insignifcant emission units at
a source. However, if an emission unit or activity qualifies for
exemption from State permitting requirements under 35 IAC 210.146, no
State construction and operating permit application is required and
Illinois EPA therefore has no opportunity to evaluate the emission
unit.
Certain amendments to section 201.146 clarify the types of
activities or emission units that are covered by an exemption category.
In several instances, the amendments modify an existing exemption
category so that emission units subject to certain requirements to
control emissions will require permits. Illinois believes that
permitting for these activities is appropriate to assure compliance
with these control requirements.
E. What types of emission units are affected by these changes?
This SIP revision affects all emission units and activities subject
to State permitting requirements pursuant to section 39 of the Illinois
Environmental Protection Act (Illinois Act) and 35 IAC 201.142,
201.143, and 201.144. For State operating permits, emission units only
qualify for exemption if the units are located at a source that is not
subject to the CAAPP pursuant to section 39.5 of the Illinois Act. For
construction permits, the exemption also includes emission units at a
source subject to the CAAPP.
Section (hhh): Replacement or addition of air pollution control
equipment for existing emission units.
The exemption applies only to existing facilities that are
permitted and have operated in compliance with their permit for the
past year. The new pollution control equipment must maintain or improve
air pollution control over the prior levels of target pollutants and
not result in a net increase in emissions of any collateral pollutant.
The exemption does not apply if the installation or operation of the
new or replacement pollution controls would trigger or change
applicability of different regulatory requirements. Finally, required
monitoring equipment must be carried over to the replacement control
device and must incorporate current technology.
Section (iii): Replacement, addition, or modification of emission
units at facilities with federally enforceable State operating permits
limiting their potential to emit in certain circumstances.
This provision affects some units or activities at FESOP sources
that do not fit under any of the existing listed exemptions under
Section 201.146 and that are still insignificant from a permitting
standpoint. Under this exemption, permits are not necessary for units
at minor FESOP sources with low potential to emit (less than 0.1 pound
per hour or 0.44 tons per year) any regulated air pollutant absent air
pollution equipment from the new or modified unit that have no
outstanding compliance or enforcement issues. Also, raw materials and
fuels that cause or contribute to emissions must not contain a
hazardous air pollutant equal to or greater than 0.01 percent by
weight. Further, this exemption is not available to a source that must
meet New Source Performance Standards and New Source Review
requirements under the Clean Air Act or if outstanding compliance or
enforcement issues exist.
Section (jjj): Replacement, addition, or modification of emission
units at permitted sources that are not major sources subject to
Section 39.5 and that do not have a federally enforceable state
operating permit limiting their potential to emit.
This exemption is limited to sources with the low potential to emit
of any regulated air pollutant absent air pollution equipment from the
new or modified unit that have no outstanding compliance or enforcement
issues at the source. This exemption is available for minor sources
that have a slightly greater potential to emit (up to 0.5 pounds per
hour) so long as the facility notifies the IEPA of its intent to
construct or install a new emissions unit or modification. This
provision requires permitting if the additional emissions from the unit
could change the sources' status with respect to its potential to emit.
This exemption is also not available to a source that must meet New
Source Performance Standards and New Source Review requirements under
the Clean Air Act.
Section (kkk): The owner or operator of a CAAPP source is not
required to
[[Page 21118]]
obtain an air pollution control construction permit for the
construction or modification of an emission unit or activity that is an
insignificant activity as addressed by Section 201.210 or 201.211.
Section 201.212 must still be followed, as applicable. Other than
excusing the owner or operator of a CAAPP source from the requirement
to obtain an air pollution control construction permit for the emission
units or activities, nothing in this subsection shall alter or affect
the liability of the CAAPP source for compliance with emission
standards and other requirements that apply to the emission units or
activities, either individually or in conjunction with other emission
units or activities constructed, modified, or located at the source.
This section creates a list of permit exempt insignificant
activities similar to those for CAAPP sources. See 35 Ill. Adm. Code
201.210 through 210.211. Owners or operators must notify the Agency
when they add insignificant activities. Facilities must still comply
with otherwise applicable emission standards or other regulatory
requirements.
Section (lll): Plastic injection molding operations. This section
revises the Illinois' regulations regarding exemptions from air
construction and operating permit requirements to add a category for
plastic injection molding operations to the existing list of permit
exemptions in Section 201.146.
Many of these emission units have been deemed insignificant under
Illinois' CAAPP as specified in 35 IAC 201.210 and, therefore, warrant
consideration for exemption from State permitting requirements.
However, the emission units categories listed as insignificant in 35
IAC 201.210 are not automatically exempted in 201.146, because Illinois
does not believe that all of the activities listed as insignificant
under the CAAPP merit exemption from State permit requirements.
Illinois' rationale is that Illinois EPA retains some discretion under
the CAAPP, as it applies to sources that are required to submit an
application for a State construction and operating permit. The CAAPP
permit application process allows Illinois EPA the opportunity to
evaluate proposed insignificant emission units at a source. However, if
an emission unit or activity qualifies for exemption from State
permitting requirements under 35 IAC 210.146, no State construction and
operating permit application is required and Illinois EPA therefore has
no opportunity to evaluate the emission unit.
F. How will EPA's approval of revised permit exemptions affect air
quality?
Control requirements are independent of whether or not a source
must have an operating permit. Other Federal and State regulations are
not impeded by these revisions. EPA does not anticipate that this
action will adversely affect air quality because the permit exemption
emission thresholds are below major source construction significant
emission rates. Sources below the major source construction significant
emission rates are not generally required to perform an air quality
analysis during minor source permitting because they are unlikely to
adversely impact air quality. The purpose of this revision is to
relieve the IEPA and owners and operators from the burden of state
construction and operation permitting for these very low emitting
emission units and activities. The existing language of Section
201.146, which will be applicable to this exemption, provides, ``* * *
The permitting exemptions in this Section do not relieve the owner or
operator of any source from the obligation to comply with any other
applicable requirements, including the obligation to obtain a permit
pursuant to Section 9.1(d) and 39.5 of the Act, Sections 165, 173, and
502 of the Clean Air Act or any other applicable permit or registration
requirement.''
Although there are no specific emission limitations or emission
controls prescribed by these regulatory revisions, the affected units
and activities will remain subject to all regulations governing general
applicability, such as the regulatory prohibition on emissions in
excess of major source thresholds; the protection of the national
ambient air quality standards, and the protection of the prevention of
significant deterioration increments.
G. Does this SIP revision contain any other changes?
There are no additional changes being requested in this SIP
revision.
II. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
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Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal standard.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(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 June 29, 2007. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 6, 2007.
Walter W. Kovalick,
Acting Regional Administrator, Region 5.
0
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]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart O--Illinois
0
2. Section 52.720 is amended by adding paragraph (c)(177) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(177) On May 31, 2006, the Illinois Environmental Protection Agency
submitted a requested revision to the Illinois State Implementation
Plan. This revision provides additional exemptions from State of
Illinois permit requirements codified by the State at Part 201 of Title
35 of the Illinois Administrative Code (35 IAC Part 201).
(i) Incorporation by reference.
Illinois Administrative Code, Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board,
Subchapter a: Permits and General Provisions, Part 201 Permits and
General Provisions, Subpart C: Prohibitions, Section 201.146 Exemptions
from State Permit Requirements paragraphs (hhh), (iii), (jjj), (kkk),
and (lll). Amended at 30 Ill. Reg. 4901, effective March 3, 2006.
[FR Doc. E7-8104 Filed 4-27-07; 8:45 am]
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