[Federal Register Volume 62, Number 248 (Monday, December 29, 1997)]
[Rules and Regulations]
[Pages 67570-67572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33765]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[IL159-1a; FRL-5938-4]


Approval and Promulgation of State Plans For Designated 
Facilities and Pollutants: Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA approves the section 111(d)/129 State Plan submitted 
by Illinois on June 23, 1997, for implementing and enforcing the 
Emissions Guidelines (EG) applicable to existing Municipal Waste 
Combustors (MWCs) with capacity to combust more than 250 tons/day of 
municipal solid waste (MSW). Specifically, the State Plan imposes 
certain emission limits and control requirements for the existing such 
MWC in Illinois, the Robbins Resource Recovery Center (RRRC) in 
Robbins, Illinois.

DATES: This action is effective on February 27, 1998 unless significant 
adverse written comments (which have not already been responded to) are 
received by January 28, 1998. If such adverse written comments are 
received by the above date, this direct final rule will be withdrawn, 
and timely notice will be published in the Federal Register.

ADDRESSES: Copies of this SIP revision request is 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 Mark J. Palermo, Environmental Protection Specialist at (312) 
886-6082 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: Mark J. Palermo, Environmental 
Protection Specialist, at (312) 886-6082.

[[Page 67571]]

SUPPLEMENTARY INFORMATION:

I. Background

    On December 19, 1995, pursuant to sections 111 and 129 of the Clean 
Air Act (Act), the EPA promulgated New Source Performance Standards 
(NSPS) applicable to new MWCs, and EG applicable to existing MWCs. See 
60 FR 65387. The NSPS and EG are codified at 40 CFR part 60, subparts 
Cb and Eb, respectively. Subparts Cb and Eb regulate the following air 
pollutants: particulate matter, opacity, sulfur dioxide, hydrogen 
chloride, nitrogen oxides, carbon monoxide, lead, cadmium, mercury, 
dioxins and dibenzofurans, and visible emissions of fugitive ash.
    On April 8, 1997, the United States Court of Appeals for the 
District of Columbia Circuit vacated subparts Cb and Eb as they apply 
to MWC units with capacity to combust less than or equal to 250 tons/
day of MSW (small MWCs), consistent with their opinion in Davis County 
Solid Waste Management and Recovery District v. EPA, 101 F.3d 1395 
(D.C. Cir. 1996), as amended, 108 F.3d 1454 (D.C. Cir. 1997). As a 
result, subparts Eb and Cb are being applied only to MWC units with 
individual capacity to combust more than 250 tons/day of MSW (large MWC 
units).
    Subpart Eb of the NSPS provides federally enforceable control 
requirements for large MWC units for which construction is commenced 
after September 20, 1994, or for which modification or reconstruction 
is commenced after June 19, 1996. Large MWC units built before 
September 20, 1994, are affected by the NSPS subpart Cb EG. Under 
section 129 of the Act, EG are not directly federally enforceable. 
Section 129(b)(2) of the Act requires States to submit to the EPA for 
approval State Plans that implement and enforce the EG for existing 
large MWC units. State Plans must be at least as protective as the EG, 
and become federally enforceable upon approval by EPA. The procedures 
for adoption and submittal of State Plans are codified in 40 CFR part 
60, subpart B. EPA originally promulgated the subpart B provisions on 
November 17, 1975. EPA amended subpart B on December 19, 1995, to allow 
the subparts developed under Section 129 to include specifications that 
supersede the general provisions in subpart B regarding the schedule 
for submittal of State Plans, the stringency of the emission 
limitations, and the compliance schedules. See 60 FR 65414.
    On June 23, 1997, the Illinois Environmental Protection Agency 
(IEPA) submitted to EPA a section 111(d)/129 plan to implement the 
subpart Cb EG for existing large MWC units. The only large MWC plant 
operating in the State is Robbins Resource Recovery Center (RRRC), 
located in Robbins, Illinois. The State Plan establishes EG control 
requirements for this facility through a Federally Enforceable State 
Operating Permit (FESOP) condition (special condition 18(c)) in RRRC's 
state operating permit (permit number 88120055), issued June 2, 1997. 
On April 26, 1997, a public hearing was held in Robbins, Illinois on 
the proposed operating permit and the plan for using the permit to 
apply the EG requirements. Illinois responded to a public comment 
regarding the EG requirements in the permit by revising and clarifying 
the permit.

II. EPA Review of State Plan

    EPA reviewed Illinois' State Plan for consistency with section 
111(d)/129 State Plan requirements under 40 CFR part 60, subpart B and 
Cb. According to the source inventory in Illinois' State Plan, RRRC is 
the only existing large MWC source in the State. RRRC is already 
subject to NSPS requirements for MWC sources under 40 CFR part 60, 
subpart Ea. Subpart Ea requires emission limitations for certain air 
pollutants which are equivalent or more stringent than the EG. These 
pollutants are opacity, carbon monoxide, dioxin/furans, hydrogen 
chloride, and nitrogen oxide. Therefore, Illinois did not have to adopt 
EG emission limits for these pollutants in the State Plan.
    The State Plan's enforceable mechanism for implementing the 
remainder of the EG emission limits is through the application and 
enforcement of special condition 18(c) of operating permit number 
88120055, issued to RRRC on June 2, 1997. This is a FESOP condition 
which requires RRRC to comply with EG limits for cadmium, lead, 
mercury, particulate matter, sulfur dioxide, and visible emissions of 
fugitive ash, as set forth under subpart Cb. Condition 18(c) also 
requires RRRC to comply with good combustor operating practices 
(including combustor load and particulate matter emission control 
device inlet temperature), requirements for compliance and performance 
testing, requirements for operator training and certification 
(including maintenance and periodic review of a site-specific facility 
operating manual), and requirements for reporting and recordkeeping, as 
set forth under subpart Cb. RRRC was required to comply with condition 
18(c) beginning June 2, 1997, the date RRRC's operating permit was 
issued. This date is well within the December 19, 2000, deadline 
required by section 129 for existing large MWC units to come into 
compliance with the EG.
    The FESOP condition also requires RRRC to comply with amendments 
made to the EG on August 25, 1997 (62 FR 45124). On that date, in 
response to the April 8, 1997 court opinion cited above, EPA amended EG 
emission limitations for lead, sulfur dioxide, hydrogen chloride and 
nitrogen oxides, to address changes in the Maximum Achievable Control 
Technology (MACT) floor for existing large MWC units (62 FR 45116). The 
EG amendments for hydrogen chloride and nitrogen oxides are still not 
as stringent as subpart Ea. However, the amendments slightly tighten 
the EG emission limits for sulfur dioxide and lead from the 1995 
subpart Cb promulgation. Also on August 25, 1997, EPA promulgated 
certain amendments to clarify and make technical corrections to subpart 
Cb (62 FR 45124); these amendments are also enforceable under the RRRC 
FESOP condition. Since the August 1997 subpart Cb amendments are 
enforceable under Illinois' State Plan, Illinois will not need to 
revise the State Plan to include these amendments.
    The Illinois State Plan adequately addresses all the essential 
elements of an approvable section 111(d)/129 State plan. On October 23, 
1997, IEPA submitted to EPA a letter from IEPA's General Counsel 
demonstrating the State's legal authority to carry out the State Plan 
through the RRRC FESOP condition. To meet emission inventory 
requirements, the State Plan submittal includes test data collected 
during initial testing of RRRC's combustors conducted January 6 through 
January 11, 1997, at maximum combustor load. The State Plan includes 
emissions limits that are at least as protective as those in the 
subpart Ea EG. The RRRC FESOP condition provides for emission 
limitation and testing, monitoring, recordkeeping, and reporting 
requirements consistent with those specified in the EG. A transcript of 
the April 26, 1997 public hearing, and subsequent June 2, 1997 IEPA 
responsiveness summary were included in the State Plan submittal. 
Finally, the State Plan submittal provides for annual State progress 
reports to EPA on implementation of the State Plan.
    In conclusion, the EPA finds the June 23, 1997 Illinois State Plan 
for large MWCs to meet the criteria for approval contained in subpart B 
and Cb. For a more detailed discussion of EPA's analysis, please refer 
to the Technical Support Document for this rulemaking

[[Page 67572]]

action, which can be obtained from the EPA Region 5 office listed 
above.

III. EPA Rulemaking Action

    The EPA is approving, through direct final rulemaking action, 
Illinois' section 111(d)/129 plan for large MWCs. The EPA is publishing 
this action 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 action will be effective on 
February 27, 1998 unless, by January 28, 1998, such adverse or critical 
comments are received on the approval.
    If the EPA receives such adverse comments, the approval will be 
withdrawn before the effective date by publishing a subsequent 
rulemaking that withdraws the final action. Comments will then 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 February 27, 1998.
    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.

IV. 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 Act

    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.
    Pursuant to section 605(b) of the Regulatory Flexibility Act, I 
certify that this rule will not have a significant economic impact on a 
substantial number of small entities. This Federal action approves pre-
existing requirements under federal, State or local law, and imposes no 
new requirements on any entity affected by this rule, including small 
entities. Therefore, these amendments will not have a significant 
impact on a substantial number of small entities.

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. 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.

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 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 February 27, 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 enforce its requirements. (See section 307(b)(2), 42 
U.S.C. 7607(b)(2)).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Municipal waste 
combustors, Reporting and recordkeeping requirements.

    Dated: December 11, 1997.
Gail A. Ginsberg,
Acting Regional Administrator, Region V.

    40 CFR Part 62 is amended as follows:

PART 62--[AMENDED]

    1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401-7642.

Subpart O--Illinois

    2. Part 62 is amended by adding Sec. 62.3350 and an undesignated 
heading to subpart O to read as follows:

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions 
From Existing Municipal Waste Conbustors with the Capacity to 
Combust Greater Than 250 Tons Per Day of Municipal Solid Waste


Sec. 62.3350  Identification of plan.

    Illinois submitted ``State Plan to Implement Emission Guidelines 
for Large Municipal Waste Combustors'' on June 23, 1997. The plan 
applies specifically to Robbins Resource Recovery Center (RRRC), 
located in Robbins, Illinois. The enforceable mechanism for this source 
is special condition 18(c) of operating permit number 88120055, issued 
to RRRC by Illinois on June 2, 1997.

[FR Doc. 97-33765 Filed 12-24-97; 8:45 am]
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