[Federal Register Volume 62, Number 155 (Tuesday, August 12, 1997)]
[Rules and Regulations]
[Pages 43100-43102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21142]


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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direct final rule is withdrawn no further rulemaking will occur on this 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.<SUP>1</SUP> 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.
* * * * *
[FR Doc. 97-21142 Filed 8-11-97; 8:45 am]
BILLING CODE 6560-50-P