[Federal Register Volume 66, Number 82 (Friday, April 27, 2001)]
[Rules and Regulations]
[Pages 21096-21099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10427]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL197-1a; FRL-6970-6]


Approval and Promulgation of State Implementation Plans; Illinois

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) is 
approving a negative declaration submitted by the State of Illinois 
which indicates there is no need for regulations covering the 
industrial wastewater category in the Chicago ozone nonattainment area. 
The Chicago ozone nonattainment area includes Cook County, DuPage 
County, Aux Sable and Goose Lake Townships in Grundy County, Kane 
County, Oswego Township in Kendall County, Lake County, McHenry County 
and Will County. The State's negative declaration regarding industrial 
wastewater category sources was submitted to USEPA in a letter dated 
December 23, 1999.

DATES: This rule is effective on June 26, 2001, unless USEPA receives 
adverse written comments by May 29, 2001. If adverse comment is 
received, USEPA will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: 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.
    A copy of the negative declaration is available for inspection at 
the U.S. Environmental Protection Agency, Region 5, Air and Radiation 
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (Please 
telephone Randolph O. Cano at (312) 886-6036 before visiting the Region 
5 Office.)

FOR FURTHER INFORMATION CONTACT: Randolph O. Cano, Environmental 
Protection Specialist, Regulation Development Section, Air Programs 
Branch (AR-18J), USEPA, Region 5, Chicago, Illinois 60604,(312) 886-
6036.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'', or ``our'' is used we mean USEPA.

Table of Contents

I. What Is the background for this action?

[[Page 21097]]

II. Negative declarations and their justification.
III. USEPA review of Illinois' negative declaration.
IV. Administrative requirements.

I. What Is the Background for This Action?

    Under the Clean Air Act (Act), as amended in 1977, ozone 
nonattainment areas are required to adopt emission controls reflective 
of reasonably available control technology (RACT) for sources of 
volatile organic compound (VOC) emissions. USEPA issued three sets of 
control technique guidelines (CTGs) documents, establishing a 
``presumptive norm'' for RACT for various categories of VOC sources. 
The three sets of CTGs were (1) Group I--issued before January 1978 (15 
CTGs); (2) Group II--issued in 1978 (9 CTGs); and (3) Group III--issued 
in the early 1980's (5 CTGs). Those sources not covered by a CTG are 
called non-CTG sources. USEPA determined that an area's State 
Implementation Plan (SIP) approved attainment date established which 
RACT rules the area needed to adopt and implement. In those areas where 
the State sought an extension of the attainment date under section 
172(a)(2) to as late as December 31, 1987, RACT was required for all 
CTG sources and for all major (100 tons per year or more of VOC 
emissions under the pre-amended Act) non-CTG sources. Illinois sought 
and received such an extension for the Chicago area.
    Section 182(b)(2) of the Act as amended in 1990 requires States to 
adopt RACT rules for all areas designated nonattainment for ozone and 
classified as moderate or above. There are three parts to the section 
182(b)(2) RACT requirement: (1) RACT for sources covered by an existing 
CTG--i.e., a CTG issued prior to the enactment of the amended Act of 
1990; (2) RACT for sources covered by a post-enactment CTG; and, (3) 
all major sources not covered by a CTG. These section 182(b)(2) RACT 
requirements are referred to as the RACT ``catch-up'' requirements.
    Section 183 of the amended Act requires USEPA to issue CTGs for 13 
source categories by November 15, 1993. A CTG was published by this 
date for the following source categories--Synthetic Organic Chemical 
Manufacturing Industry (SOCMI) Reactors and Distillation, aerospace 
manufacturing coating operation, shipbuilding and ship repair coating 
operations, and wood furniture coating operations; however, the CTGs 
for the remaining source categories have not been completed. The 
amended Act requires States to submit rules for sources covered by a 
post-enactment CTG in accordance with a schedule specified in a CTG 
document.
    The USEPA created a CTG document as Appendix E to the General 
Preamble for the Implementation of Title I of the Clean Air Act 
Amendments of 1990. (57 FR 18070, 18077, April 28, 1992). In Appendix 
E, USEPA interpreted the Act to allow a State to submit a non-CTG rule 
by November 15, 1992, or to defer submittal of a RACT rule for sources 
that the State anticipated would be covered by a post-enactment CTG, 
based on the list of CTGs USEPA expected to issue to meet the 
requirement in section 183. Appendix E states that if USEPA fails to 
issue a CTG by November 15, 1993 (USEPA failed to issue a CTG by 
November 15, 1998 for 9 source categories), the responsibility shifts 
to the State to submit a non-CTG RACT rule for those sources by 
November 15, 1994. In accordance with section 182(b)(2), implementation 
of that RACT rule should occur by May 31, 1995.

II. Negative Declarations and Their Justification

    The USEPA does not require States to develop plans or regulations 
to control emissions from sources which are not present in the 
nonattainment area. If it is thought that this might be the case, the 
State carefully examines its emissions inventory and operating permits 
before initiating the planning and regulation development process. If a 
careful examination of the emissions inventory finds no sources for a 
particular source category, then the State prepares and submits to 
USEPA a negative declaration stating there are no sources in the 
nonattainment area for that source category in lieu of submitting a 
control strategy.
    On December 23, 1999, the State of Illinois submitted to USEPA a 
negative declaration regarding the need for a regulation covering the 
industrial wastewater category in the Chicago ozone non-attainment 
area. The State indicated that in making this determination, the 
Illinois Environmental Protection Agency (Illinois EPA) conducted a 
search of its 1996 Chicago inventory for any major source potentially 
subject to USEPA's draft Control Techniques Guideline (CTG) document 
for the ``Control of Volatile Organic Material Emissions from 
Industrial Wastewater'' [EPA-453/D-93-056, September 1992]. The search 
included the following industries: petroleum refineries, the synthetic 
organic chemical manufacturing industry (SOCMI), organic chemicals, 
plastics and synthetic fibers, pesticides, pharmaceuticals, and 
hazardous waste treatment, storage, and disposal facilities. The 
Illinois EPA found only three sources with industrial wastewater 
operations that are major sources, i.e., with potential to emit more 
than 25 tons per year of industrial wastewater emissions. These three 
facilities are Permcor, Mobile Joliet Refining Corporation (Mobile) and 
Amoco Chemical Corporation (Amoco). Permcor is located in Cook County, 
and Mobile and Amoco are located in Will County.
    Permcor and Mobil's wastewater operation emissions are subject to 
the Federal rule covering benzene waste operations applicable to 
petroleum refineries, the Benzene National Emissions Standards for 
Hazardous Air Pollutants (Benzene NESHAP) which was promulgated on 
January 7, 1993 (58 FR 3072) and codified at 40 CFR part 61, subpart 
FF. Permcor and Mobile are also subject to the wastewater operation 
control requirements under petroleum refinery NESHAP which was 
promulgated on August 18, 1995 (60 FR 43244) and codified at 40 CFR 
part 61, subpart CC. If benzene applicability cutoffs are exceeded, the 
emission control requirements of these regulations are at least as 
stringent as the requirements suggested by the draft CTG as RACT.
    Amoco Chemical is a facility whose wastewater operations are 
covered by Subpart G of the Hazardous Organic NESHAP (HON) for SOCMI 
sources. The Federal regulation was promulgated on April 22, 1994 (59 
FR 19402), and contains wastewater provisions that apply to the 
facility's process and maintenance wastewater from the point of 
generation to the treatment operations. Similar to those standards 
applicable to petroleum refineries, the SOCMI HON's emission control 
requirements are at least as stringent as the requirements suggested by 
the draft CTG.
    In addition to the above indicated Federal standards, Illinois has 
generic RACT regulations that cover major sources with maximum 
theoretical emissions of 25 tons per year or greater and not already 
covered by a specific RACT regulation. Specifically, 35 Illinois 
Administrative Code (35 Ill. Adm. Code) Part 218, Subpart TT does not 
apply to any such sources of wastewater collection and treatment. Other 
existing regulations applicable to wastewater collection operations are 
35 Ill. Adm. Code Part 218, Subpart G, which covers any emission unit 
that emits photochemically reactive material to the atmosphere and 35 
Ill. Adm. Code Part 218.443, which specifically

[[Page 21098]]

regulates oil and water separators from petroleum refineries.
    Illinois issued operating permits for the sources listed above 
which contain permit conditions that reflect the applicability cutoffs 
and emissions standards for wastewater collection and treatment 
operations in the above mentioned NESHAP. As a result of these NESHAP 
requirements, Amoco and Mobile are adequately controlled. Permcor has 
been shut down since early in 2001.

III. USEPA Review of Illinois' Negative Declaration.

    USEPA has examined the State's negative declaration regarding the 
lack of need for a regulation controlling emissions from industrial 
wastewater located in the Chicago ozone nonattainment area. USEPA 
agrees there are no unregulated industrial wastewater sources in the 
Chicago ozone nonattainment area which would require the adoption of 
rules to control this source category. If a new source chooses to 
locate in this area, they would be required to comply with new source 
review requirements.
    USEPA is publishing this action without prior proposal because 
USEPA views this as a noncontroversial revision and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, USEPA is proposing to approve the State Plan 
should adverse written comments be filed. This action will be effective 
without further notice unless USEPA receives relevant adverse written 
comment by May 29, 2001. Should USEPA receive such comments, it will 
publish a final rule informing the public that this action will not 
take effect. 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 June 26, 2001.

IV. Administrative Requirements

    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. 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.). 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 (Public Law 104-4). This rule also does 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 (65 
FR 67249, November 9, 2000), nor will it 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), because it 
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. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, USEPA'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), USEPA has no 
authority to disapprove a SIP submission for failure to use VCS. It 
would thus be inconsistent with applicable law for USEPA, 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. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, USEPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. USEPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings issued under the executive order. 
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.).
    The Congressional Review Act, 5 U.S.C. section 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. USEPA 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. section 804(2). This rule will be effective June 26, 2001 
unless USEPA receives adverse written comments by May 29, 2001.
    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 26, 2001. 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, Administrative practice and procedure, 
Air pollution control, Hydrocarbons, Intergovernmental relations, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: April 17, 2001.
David A. Ullrich
Acting Regional Administrator, Region 5.

    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.

[[Page 21099]]

Subpart O--Illinois


Sec. 2. Section  52.726 is amended by adding paragraph (aa) to read as 
follows:


Sec. 52.726  Control strategy: Ozone.

* * * * *
    (aa) Negative declaration--Industrial wastewater category. On 
December 23, 1999, the State of Illinois certified to the satisfaction 
of the United States Environmental Protection Agency that no major 
sources categorized as part of the Industrial Wastewater Category are 
located in the Chicago ozone nonattainment area. The Chicago ozone 
nonattainment area includes Cook County, DuPage County, Aux Sable and 
Goose Lake Townships in Grundy County, Kane County, Oswego Township in 
Kendall County, Lake County, McHenry County and Will County.

[FR Doc. 01-10427 Filed 4-26-01; 8:45 am]
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