Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and Regulations 17229

Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping

requirements, Sulfur oxides, Hazardous

air pollutants.

Note: Incorporation by reference of the

State Implementation Plan for the

Commonwealth of Massachusetts was

approved by the Director of the Federal

Register on July 1, 1982.

Dated: March 3, 1995.

John P. DeVillars,

Regional Administrator, Region I.

Part 52 of 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 W—Massachusetts

2. Section 52.1120 is amended by

adding paragraph (c)(105) to read as

follows:

§ 52.1120 Identification of plan.

* * * * *

(c) * * *

(105) Revisions to the State

Implementation Plan submitted by the

Massachusetts Department of

Environmental Protection on June 6,

1994.

(i) Incorporation by reference.

(A) Letter from the Massachusetts

Department of Environmental Protection

dated June 6, 1994 submitting a revision

to the Massachusetts State

Implementation Plan.

(B) 310 CMR 7.02(12) ‘‘U Restricted

Emission Status’’ effective in the

Commonwealth of Massachusetts on

February 25, 1994.

(ii) Additional materials.

(A) Nonregulatory portions of the

submittal.

3. In § 52.1167, Table 52.1167 is

amended by adding new state citations

for 310 CMR 7.02(12) to read as follows:

§ 52.1167 EPA-approved Massachusetts

State regulations.

TABLE 52.1167—EPA-APPROVED MASSACHUSETTS REGULATIONS

State citation Title/subject

Date

submitted by

State

Dated approved

by EPA

Federal Register

citation 52.1120(c) Comments/unapprovedsections

* * * * * * *

310CMR 7.02(12) . U Restricted

Emission Status.

6/6/94 April 5, 1995 ..... [Insert FR citation

from published

date].

105 This rule limits a source’s potential

to emit, therefore avoiding RACT,

title V operating permits

* * * * * * *

[FR Doc. 95–8216 Filed 4–4–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[IL92–1–6336a; FRL–5165–8]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: The United States

Environmental Protection Agency

(USEPA) approves Illinois’ February 7,

1994, request to incorporate smaller

source permit rule amendments into the

Illinois State Implementation Plan (SIP).

The purpose of these smaller source

amendments is to lessen the permitting

burden on small sources and on the

permitting authority by reducing the

frequency and/or the requirement for

operating permit renewal for sources

emitting less than twenty-five tons per

year total of regulated air pollutants. In

the proposed rules section of this

Federal Register, USEPA is proposing

approval of and soliciting public

comment on this requested SIP revision.

If adverse comments are received on

this action, USEPA will withdraw this

final rule and address the comments

received in response to this action in a

final rule on the related proposed rule

which is being published in the

proposed rules section of this Federal

Register. A second public comment

period will not be held. Parties

interested in commenting on this action

should do so at this time.

DATES: This final rule will be effective

June 5, 1995 unless an adverse comment

is received by May 5, 1995. If the

effective date of this action is delayed

due to adverse comments, timely notice

will be published in the Federal

Register.

ADDRESSES: Written comments should

be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section,

Regulation Development Branch (AR–

18J), U.S. Environmental Protection

Agency, 77 West Jackson Boulevard,

Chicago, Illinois, 60604.

Copies of the Illinois submittal are

available for public review during

normal business hours, between 8 a.m.

and 4:30 p.m., at the above address. A

copy of this SIP revision is also

available for inspection at: Office of Air

and Radiation (OAR), Docket and

Information Center (Air Docket 6102),

room 1500, U.S. Environmental

Protection Agency, 401 M Street, SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Genevieve Nearmyer, Permits and

Grants Section, Regulation Development

Branch (AR–18J), U.S. Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois, 60604.

Telephone: (312) 353–4761.

SUPPLEMENTARY INFORMATION:

The USEPA is approving the smaller

source amendments to Title 35:

Environmental Protection of the Illinois

Administrative Code (35 IAC), Subtitle

B: Air Pollution, Chapter I: Pollution

Control Board Parts 201 and 211 as

received on February 10, 1994, as a

requested SIP revision. The purpose of

the smaller source amendments is to

lessen the permitting burden on small

sources and the permitting authority by

reducing the frequency and/or the

requirement of operating permit renewal

for sources emitting less than 25 tons

per year total of regulated air pollutants.

A permit obtained through the smaller

source operating permit rules would not

necessarily expire within a five year

period as in other operating permit

programs. The permit will continue as

a legally binding State document until

the source modifies its operations,

withdraws its permit or becomes subject

to a new applicable requirement. At that

time, the Illinois Environmental

Protection Agency (IEPA) will
17230 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and Regulations

determine whether or not the smaller

source permit rules are still a valid

means of permitting the source and

either issue a revised small source

operating permit or direct the source in

the appropriate permitting procedures.

Small source operating permits are not

exempt from any other permit

requirements such as annual reporting

and obtaining necessary construction

permits. However, since these permits

will not go through a public comment

period nor be subjected to USEPA

review, they will not be federally

enforceable for the purpose of limiting

a source’s potential to emit. See 54 FR

27281 (June 28, 1989). Consequently,

they cannot be used for exemption from

the section 112, Title V Operating

Permit Program or any other major

source requirements of the Act. With an

estimated 6,000 sources eligible for this

program, much of the expense and

administrative burden of the operating

permit renewal process would be

eliminated. The rationale for USEPA’s

approval is summarized in this rule. A

more detailed analysis is set forth in a

technical support document which is

available for inspection at the Region 5

Office listed above.

The small source air permit program

rules originated before the Illinois

Pollution Control Board (IPCB) on April

2, 1993. Two public hearings were held:

May 25, 1993 in Chicago and May 26,

1993 in DeKalb. On July 22, 1993, the

IPCB adopted the amended proposal

pursuant to comments received for first

notice. On October 7, 1993, the IPCB

adopted and submitted to the Joint

Committee on Administrative Rules

(JCAR) a second notice proposal. On

November 16, 1993, JCAR stated they

had no objections to the rules. The rules

became effective on December 7, 1993.

The following sections of part 201

have been changed to accommodate the

small source operating permit program.

Subpart D: Section 201.162 Duration

This section which was incorporated

in the Illinois SIP at 40 CFR 52.720

(c)(84) on December 17, 1992 (57 FR

59928) had stated that the duration of an

operating permit is defined as being no

longer than five years but was changed

to exempt sources subject to Subpart E

of Part 201, the small source air permit

program, from the limited permit life.

Subpart D: Section 201.163 Joint

Construction and Operating Permits

Section 201.163 which was

incorporated in the Illinois SIP at 40

CFR 52.720 (c)(84) on December 17,

1992 (57 FR 59928) had previously

stated that in cases where the

construction of a source or air pollution

control equipment is sufficiently

standard, the Illinois Environmental

Protection Agency (IEPA) may issue a

joint construction and operating permit

valid for no longer than five years but

was changed to exempt sources subject

to Subpart E of Part 201, the small

source air permit program, from the

limited permit life.

The following rules have been added

to Parts 201 and 211 to define the terms

of the small source operating permit

program.

Subpart E: Section 201.180

Applicability

Sources are eligible for small source

operating permits if their total emissions

of all regulated air pollutants are less

than 25 tons per year and are not subject

to the title V operating permits program

under Section 39.5 of the Illinois

Environmental Protection Act. Cases

where sources may appear to be eligible

for the small source operating permit

program but are subject to title V

include sources with the potential to

emit 10 tons per year of any one or 25

tons per year of an aggregate of

hazardous air pollutants as listed in

Section 112(b) of the Clean Air Act of

1990 or 25 tons per year of volatile

organic compounds or nitrous oxides in

the severe ozone nonattainment areas,

specifically McHenry, Lake, Kane, Cook,

Du Page, Will Counties and Oswego

Township in Kendall County and Aux

Sable and Goose Lake Townships in

Grundy County of Illinois. If the

source’s potential to emit is greater than

the Act’s major source thresholds such

as those mentioned above but the

source’s actual emissions are lower than

the thresholds, a federally enforceable

limit on potential to emit would be

required to avoid title V operating

permit requirements. A small source

operating permit is not federally

enforceable for purposes of limiting

potential to emit because a public

comment period and USEPA review are

not required and, therefore, the small

source operating permit can not be used

to limit a source’s potential to emit.

If the source is eligible for a small

source operating permit and its existing

operating permit has not expired

pursuant to a renewal request from IEPA

then, the permit will remain in effect

until the permit is superseded by a new

or revised permit or it is withdrawn

upon the request of the permittee.

Sources obtaining a small source

operating permit must still comply with

all rules in part 201 including, but not

limited to, monitoring, recordkeeping

and annual reporting unless otherwise

stated. If a source modifies the method

of operation or equipment or installs

new emission units a construction

permit must be obtained pursuant to

Parts 201 and 203 of 35 Illinois

Administrative Code.

Subpart E: Section 201.181 Expiration

and Renewal

A small source operating permit will

terminate if a revised permit is issued,

if the permittee withdraws the permit

or, 180 days after IEPA sends a request

for renewal.

A request for renewal of an operating

permit may be sent to a source in cases

where there has been a change in

requirements applicable to the source,

verification of application accuracy, or

suspicion of noncompliance. Renewal

procedures will use the existing rules

for air permit processing found in

Subpart D and for revocation and

revision rules found in Subpart F of 35

Illinois Administrative Code 201.

Appeals to the IPCB may only be

made within 35 days of a final

determination by IEPA. Final

determinations include denial of a

permit, issuance of a permit with

conditions, or an incomplete

application determination. A request for

renewal notice is not grounds for an

appeal.

Subpart E: Section 201.187

Requirement of a Revised Permit

The permittee has the obligation to

obtain a new or revised permit prior to

the operational changes. Changes are

considered to be increases in emissions

in excess of the permitted emissions, a

modification as defined at 35 Illinois

Administrative Code 201.102, changes

in operations that violate an existing

permit condition, or a change in

ownership, company name, or address.

If a revised permit is not obtained the

source remains subject to the existing

operating permit and may be in

violation of the obligation to apply for

a new or revised permit. If the

operational changes remove the source

from the applicability of the small

source air permit program, the permittee

shall apply for a revised permit under

subpart D of part 201 or under section

39.5 of the Illinois Environmental

Protection Act.

Subpart B: Section 211.5500 Regulated

Air Pollutant

The definition of regulated air

pollutant which was incorporated in the

Illinois SIP at 40 CFR 52.720(c)(100) on

September 9, 1994 (59 FR 46562) has

been changed to reflect the definition in

40 CFR part 70. The definition of

regulated air pollutant as it pertains to

the applicability of a small source

eligible for a small source operating
Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and Regulations 17231

permit has been changed to incorporate

any air contaminant that is regulated by

the air pollution subtitle.

When summing the source’s

emissions it is IEPA’s intention to focus

on the five criteria pollutants; nitrogen

oxides, sulfur dioxides, particulate

matter, volatile organic compounds, and

carbon monoxides. This is to avoid

double counting of pollutants which fall

under both the hazardous air pollutant

category and either the volatile organic

compound or particulate matter

category in the 25 ton per year

applicability cut-off. This method of

accounting for emissions does not

relieve the source of the obligation of

accounting for hazardous air pollutants

emissions for title V applicability

purposes.

Final Rulemaking Action

This permitting program was

designed to alleviate the permitting

burden on IEPA. Since it is IEPA’s

intention to permit all sources within

the state, this program will allow IEPA

more time to spend on the larger sources

by greatly reducing the number of

smaller source permits that must be

renewed every five years. These permits

can also be processed much faster

without the public comment and

USEPA review requirements. The tradeoff for the faster processing time is that

the small source operating permits can

not be used for sources requiring

federally enforceable permits for such

things as limiting their potential to emit

below the major source thresholds. This

permitting program does not exempt

sources from other permit requirements

such as annual reporting and obtaining

construction permits thus allowing

IEPA to maintain oversight of the

smaller sources. IEPA also has the

authority to require a source to apply for

renewal of its permit if there has been

a change in requirements applicable to

the source, IEPA wishes to verify

application accuracy, or IEPA suspects

noncompliance.

For the reasons stated above, USEPA

is approving the State’s request to

incorporate small source permit rules

into the Illinois SIP. The specific rules

being approved are as follows: Sections

201.162 Duration, 201.163 Joint

Construction and Operating Permits,

201.180 Applicability, 201.181

Expiration and Renewal and 211.5500

Regulated Air Pollutant.

The USEPA is publishing this action

without prior proposal because USEPA

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the USEPA is proposing to

approve the requested SIP revision

should adverse or critical comments be

filed. This action will be effective on

June 5, 1995 unless adverse or critical

comments are received by May 5, 1995.

If the USEPA receives such

comments, this action will be

withdrawn before the effective date by

publishing a subsequent rule that

withdraws this final action. All public

comments received will then be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. The USEPA 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 June 5, 1995.

This action has been classified as a

Table 2 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation. The Office of

Management and Budget has exempted

this regulatory action from Executive

Order 12866 review.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to any SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., USEPA 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, USEPA may

certify 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

government entities with jurisdiction

over populations of less than 50,000.

The SIP approvals under section 110

and subchapter I, part D, of the 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 it does not have a significant

impact on small entities. 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 USEPA to

base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S.

E.P.A., 427 U.S. 246, 256–66 (1976).

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 June 5, 1995. Filing a petition

for reconsideration by the Administrator

of this final rule does not affect the

finality of this rule for the purpose 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,

Hydrocarbons, Incorporation by

reference, Nitrogen dioxide, Ozone,

Particulate matter, Sulfur dioxide,

Volatile organic compounds.

Dated: February 24, 1995.

Valdas V. Adamkus,

Regional Administrator.

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)(105) to read as

follows:

§ 52.720 Identification of plan.

* * * * *

(c)* * *

(105) On February 7, 1994, the State

submitted revisions intended to create a

permit program for small sources. The

purpose of these revisions is to lessen

the permitting burden on small sources

and the permitting authority by

reducing the frequency and/or the

requirement of operating permit renewal

for sources emitting a total of less than

25 tons per year of regulated air

pollutants. A permit obtained through

these procedures is intended to

continue as a legally binding State

document until the source modifies its

operations, withdraws its permit or

becomes subject to a new applicable

requirement. At that time, the State will

determine whether the small source

procedures continue to be appropriate

and issue a revised small source permit
17232 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and Regulations

or direct the source in following the

correct permit procedures. Since small

source permits are not subject to a

public comment period or review by

USEPA, they are not federally

enforceable and cannot be used to limit

sources’ potential to emit and thereby

exempt them from the requirements of

the title v operating permit program.

(i) Incorporation by reference. Illinois

Administrative Code, Title 35:

Environmental Protection, Subtitle B:

Air Pollution, Chapter I: Pollution

Control Board.

(A) Subchapter a: Permits and General

Provisions, Part 201: Permits and

General Provisions.

(1) Subpart D: Permit Applications

and Review Process, Section 201.162

Duration and Section 201.163 Joint

Construction and Operating Permits.

Amended at 17 Ill. Reg., effective

December 7, 1993.

(2) Subpart E: Special Provisions for

Operating Permits for Certain Smaller

Sources, Section 201.180 Applicability,

Section 201.181 Expiration and Renewal

and Section 201.187 Requirement for a

Revised Permit Added at 17 Ill. Reg.,

effective December 7, 1993.

(B) Subchapter C: Emission Standards

and Limitations for Stationary Sources,

Part 211: Definitions and General

Provisions, Subpart B: Definitions,

Section 211.5500 Regulated Air

Pollutant. Adopted at 17 Ill. Reg.,

effective December 7, 1993.

[FR Doc. 95–8219 Filed 4–4–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[AK7–1–6588a; FRL–5171–5]

Approval and Promulgation of State

Implementation Plans; Alaska

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA approves the State

Implementation Plan (SIP) revision

submitted by the state of Alaska. This

revision establishes and requires the

implementation of a basic motor vehicle

inspection and maintenance (I/M)

program in the Municipality of

Anchorage (MOA) and the Fairbanks

North Star Borough (FNSB). The

intended effect of this action is approval

of a basic motor vehicle I/M program.

This action is being taken under Section

110 of the Clean Air Act.

DATES: This final rule is effective on

June 5, 1995 unless adverse or critical

comments are received by May 5, 1995.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, Air & Radiation Branch (AT–

082), EPA, 1200 Sixth Avenue, Seattle,

Washington 98101.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center,

Environmental Protection Agency, 401

M Street, SW., Washington, DC 20460.

Copies of material submitted to EPA

may be examined during normal

business hours at the following

locations: EPA, Region 10, Air &

Radiation Branch, 1200 Sixth Avenue

(AT–082), Seattle, Washington 98101,

and the Alaska Department of

Environmental Conservation, 410

Willoughby, Suite 105, Juneau, Alaska

99801–1795.

FOR FURTHER INFORMATION CONTACT:

Christi Lee, EPA, Air and Radiation

Branch (AT–082), 1200 Sixth Avenue,

Seattle, Washington 98101, (206) 553–

1814.

SUPPLEMENTARY INFORMATION:

I. Clean Air Act Requirements

The Clean Air Act, as amended in

1990 (CAAA or Act), requires states to

make changes to improve existing I/M

programs or implement new ones.

Section 187(a)(4) and section

182(a)(2)(B) requires any carbon

monoxide (CO) nonattainment area

which has been classified as ‘‘moderate’’

(pursuant to section 181(a) of the Act)

or worse with an existing I/M program

that was part of a SIP, or any area that

was required by the 1977 Amendments

to the Act to have an I/M program, to

immediately submit a SIP revision to

bring the program up to the level

required in past EPA guidance or to

what had been committed to previously

in the SIP whichever was more

stringent.

In addition, Congress directed the

EPA in section 182(a)(2)(B) to publish

updated guidance for state I/M

programs, taking into consideration

findings of the Administrator’s audits

and investigations of these programs.

The states were to incorporate this

guidance into the SIP for all areas

required by the Act to have an I/M

program.

On November 5, 1992 (57 FR 52950),

the EPA published a final regulation

establishing the I/M requirements,

pursuant to section 182 and 187 of the

Act. The I/M regulation was codified at

40 CFR part 51, Subpart S, and requires

states to submit an I/M SIP revision

which includes all necessary legal

authority and the items specified in 40

CFR 51.372 (a)(1) through (a)(8) by

November 15, 1993. The state of Alaska

has met these requirements.

The EPA has designated two areas as

CO nonattainment in the state of Alaska.

The Anchorage CO nonattainment area,

classified as Moderate greater than or

equal to 12.7 ppm, is bounded by the

Municipality of Anchorage (MOA)

urban area. The Fairbanks CO

nonattainment area, classified as

Moderate less than or equal to 12.7

ppm, is bounded by the Fairbanks North

Star Borough (FNSB) urban area. The

nonattainment and boundary

designations for CO were published in

the Federal Register (FR) on November

6, 1991, and November 30, 1992, and

have been codified in the Code of

Federal Regulations (CFR). See 56 FR

56694 (November 6, 1991) and 57 FR

56762 (November 30, 1992), codified at

40 CFR 81.300–81.437. Based on these

nonattainment designations, basic I/M

programs are required in both the

Anchorage and Fairbanks

nonattainment areas.

By this action, the EPA is approving

this submittal. The EPA has reviewed

the state submittal against the statutory

requirements and for consistency with

the EPA regulations. EPA summarizes

the requirements of the Federal I/M

regulations as found in 40 CFR 51.350–

51.373 and its analysis of the state

submittal below. Parties desiring

additional details on the Federal I/M

regulation are referred to the November

5, 1992 FR notice (57 FR 52950) or 40

CFR 51.350–51.373.

II. Background

On July 11, 1994 the state of Alaska

submitted to EPA a SIP revision for a

basic I/M program that had an adequate

public notice and public hearing

process (May 19, 1994) and was adopted

on June 9, 1994. The Lieutenant

Governor filed revisions to 18 AAC 52

on May 25, 1994, and the Air Quality

Control Plan revisions on July 6, 1994,

becoming effective on June 24, 1994 and

August 5, 1994, respectively.

The July 11, 1994 SIP revision was

reviewed by EPA to determine

completeness shortly after submittal, in

accordance with the completeness

criteria set out at 40 CFR Part 51,

Appendix V. The submittals were found

to be complete and a letter dated July

15, 1994 was forwarded to the Governor

of Alaska indicating the completeness of

the submittal.

III. State Submittal

Both Anchorage and Fairbanks are

classified as moderate CO

nonattainment areas. Since the 1980