[Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18955]


[[Page Unknown]]

[Federal Register: August 4, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IL70-1-6254A; FRL-5013-4]

 

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) is 
approving a February 11, 1993, State submittal requesting a revision to 
the Illinois State Implementation Plan (SIP) for carbon monoxide (CO). 
The revision pertains to a site-specific emission limit for an iron 
foundry operated by General Motors Corporation (GMC) and located 
adjacent to Interstate 74 at G Street in Vermilion County, Illinois. 
Vermilion County has been designated by USEPA as ``unclassifiable/
attainment'' for carbon monoxide. 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 direct final rule, USEPA will withdraw this final rule 
and address the comments received in response to this final rule in a 
final rule on the related proposed rule which is being published in the 
proposed rules section of this Federal Register.

EFFECTIVE DATE: This action will be effective October 3, 1994 unless 
notice is received by September 6, 1994 that someone wishes to submit 
adverse comments. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: J. Elmer Bortzer, 
Chief, Regulation Development Section, Regulation Development Branch 
(5AR-18J), United States Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
    Copies of the State's submittal and other information are available 
for inspection during normal business hours at the following location: 
Regulation Development Section, Regulation Development Branch (AR-18J), 
United States Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    A copy of the SIP revision is located at the Office of Air and 
Radiation (OAR) Docket and Information Center (Air Docket 6102), Room 
M1500, U.S. Environmental Protection Agency, 401 M Street SW., 
Washington, DC 20460, (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Fayette Bright, Regulation Development 
Section, Regulation Development Branch (AR-18J), United States 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6069.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 1, 1992, the Illinois Pollution Control Board (IPCB) 
adopted a Final Opinion and Order amending Title 35: Environmental 
Protection, Subtitle B: Air Pollution Chapter I: Pollution Control 
Board (35 IAC) section 216.381 revising the allowable emission limit of 
gases containing CO from 200 ppm to 2,000 ppm for the GMC iron foundry 
in Vermilion County, Illinois.
    The GMC foundry manufactures iron castings for the automotive 
industry. The castings include brake drums, bearing caps, differential 
carriers, water pumps and brake rotors. The foundry is located 
approximately 1.5 miles from downtown Danville adjacent to Interstate 
74 at G Street, in an area that is predominately agricultural, with 
some residential sections. This is the only iron foundry in Vermilion 
County. Vermilion County has been designated by USEPA as 
``unclassifiable/attainment'' of the National Ambient Air Quality 
Standards (NAAQS) for CO (Refer to title 40 of the Code of Federal 
Regulations Sec. 81.314, 1992).
    The GMC foundry is presently using two cupolas, Number 2 and Number 
3, in its foundry operation. A cupola is a vertical shaft furnace which 
is fed or ``charged'' with layers of metallics, coke and limestone. 
Cupola melting is used by GMC to melt scrap metal. Approximately 
220,000 tons of scrap metal are remelted and made into castings each 
year. Typical cupola exhaust gases contain 13 to 27 percent CO. This is 
the equivalent of 130,000 to 270,000 parts per million (ppm). In a 
cupola, high CO levels and specific carbon dioxide ratios are important 
to the metallurgical properties of the iron. These levels can be 
minimized by proper selection of fuels, charge material, and by major 
facility changes, but cannot be eliminated.
    In July 1988, emission tests of the cupolas showed CO emissions 
from both cupolas were in excess of 200 ppm. CO was present at a 
concentration of 8,317 ppm for Cupola Number 3 and at 4,563 ppm for 
Cupola Number 2. Subsequent tests showed CO concentrations as high as 
16,053 ppm for Cupola Number 3. As a result of these tests, GMC 
initiated an aggressive plan to modify the system beyond the state-of-
the art contemplated by the regulation. In November 1988, GMC filed a 
petition for a variance in order to continue the operation of the 
foundry while it implemented corrective action to reduce the 
concentration of CO in its emissions. Although modifications have 
significantly reduced emissions, compliance with the 200 ppm limitation 
has not been achieved. However, emissions have dropped from a high 
concentration of approximately 18,000 ppm to below 2,000 ppm. A 
computer modeling study discussed below demonstrated that CO emissions 
at the rate of 2,000 ppm would not adversely affect the National 
Ambient Air Quality Standards (NAAQS). The purpose of this source 
specific SIP revision request is to permanently amend GMC's allowable 
emission limit of gases containing CO from 200 ppm to 2,000 ppm for 
this iron foundry.

II. Analysis of State Submittal

    As previously stated, the IPCB has adopted a site-specific 
regulation revising the allowable emission limit of CO from GMC cupolas 
in Vermilion County from 200 ppm to 2,000 ppm. The new language reads 
as follows:

    The standard for CO for 35 IAC 216.381 shall not apply to the 
existing foundry located adjacent to Interstate 74 at G street in 
Vermilion County, owned by GMC on the effective date of this 
regulation. The emission of carbon monoxide from this foundry shall 
not exceed 2,000 ppm corrected to 50 percent excess air.

    Title 35: Environmental Protection, Subtitle B: Air Pollution, 
Chapter I: Pollution Control Board of the Illinois Administrative Code 
(35 IAC) Part 216--Carbon Monoxide Emissions, contains the regulations 
regarding this SIP revision request. Section 216.101--Measurement 
Methods, contains measurement methods applicable to GMC's site-specific 
SIP revision request. This section states that carbon monoxide 
concentrations in an effluent stream shall be measured by the non-
dispersive infrared method or by other methods approved by the Illinois 
Environmental Protection Agency (IEPA) according to the provisions of 
35 IAC 201.
    The USEPA had concerns about the test method and recordkeeping for 
this source. Specifically the test methods and recordkeeping 
requirements relied on in this requested SIP revision were not 
sufficient to ensure compliance with the limit and maintenance of the 
CO NAAQS. Further, because section 216.201 allows IEPA to modify the 
test methods utilized and because case law indicates that such State 
discretionary actions modify the SIP without Federal comment or 
approval USEPA would be required to disapprove this requested SIP 
revision since the possibility of modification without Federal approval 
would impede attainment and maintenance of the NAAQS. (See for example 
United States of America v. Allsteel Inc. (No. 87C4638 ND Illinois, 
August 30, 1989).
    USEPA would ordinarily propose to disapprove this site-specific 
regulation and recommend that the State modify the regulations in the 
requested SIP revision to incorporate the appropriate test methods, 
recordkeeping and reporting requirements and to remove the 
discretionary provisions or at least to limit their effectiveness until 
they were approved as a SIP revision by USEPA. However, on December 17, 
1992 (57 FR59928) Illinois' operating permit program was approved by 
USEPA and incorporated into the SIP for the purpose of issuing 
Federally Enforceable State Operating Permits (FESOP). As operating 
permits issued following the approved State requirements are federally 
enforceable, Illinois addressed USEPA's concerns by including adequate 
test methods and recordkeeping requirements as discussed in section 3 
in a FESOP for the GMC iron foundry.

Modeling Results

    The USEPA reviewed the dispersion modeling analysis performed by 
Versar Incorporated for this SIP revision request and has determined 
that the analysis is acceptable as a demonstration of attainment and 
maintenance of the NAAQS for CO. This attainment and maintenance 
demonstration was performed in accordance with USEPA guidance.

III. Final Rulemaking Action

    The USEPA approves the February 11, 1993, submittal as a revision 
to the Illinois CO SIP for the GMC iron foundry in Vermilion County 
amending 35 IAC section 216.381 because the deficiencies identified 
were corrected in a FESOP issued to the Source. Vermilion County is and 
has always been designated as attainment for CO and ozone and the 
emission limit set forth in the SIP revision was shown through the 
modeling analysis not to cause or contribute to a violation of the 
NAAQS for CO. Because the State included the following conditions in a 
FESOP, the SIP revision is now federally enforceable upon the effective 
date of this action.

1. Specific test method to be used;
2. Identification as to whether a continuous or integrated sample is to 
be used in the test method;
3. A compliance test that contains averaging times; and
4. The appropriate reporting and recordkeeping requirements to insure 
compliance.

    Because USEPA considers this action noncontroversial and routine, 
we are approving it without prior proposal. This action will become 
effective on October 3, 1994. However, if the USEPA receives adverse 
comments by September 6, 1994, then the USEPA will publish a notice 
that withdraws the action, and will address the comments received in 
response to this final rule in the final rule on the requested SIP 
revision which has been proposed for approval in the proposed rules 
section of this Federal Register. The comment period will not be 
extended or reopened.
    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. A future notice will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 2222) from the 
requirements of Section 3 of Executive Order 12291 for 2 years. The 
USEPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. The OMB has agreed to continue the temporary 
waiver until such time as it rules on USEPA's request. This request 
continues in effect under Executive Order 12866 which superseded 
Executive Order 12291 on September 30, 1993. The OMB 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 the 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 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 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 USEPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. USEPA., 427 U.S. 246, 256-66 (1976).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide.

    Authority 42 U.S.C. 7401-7671q.

    Dated: June 16, 1994.
Valdas V. Adamkus,
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)(103) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (103) On February 11, 1993, Illinois submitted a site specific 
revision to its carbon monoxide State Implementation Plan for a General 
Motors Corporation iron foundry located adjacent to Interstate 74 at G 
Street in Vermilion County, Illinois.
    (i) Incorporation by reference.
    (A) Illinois Administrative Code; Title 35 Environmental 
Protection; Subtitle B: Air Pollution; Chapter I: Pollution Control 
Board; Subchapter C: Emission Standards and Limitations for Stationary 
Sources; P 216: Carbon Monoxide Emissions; Subpart O: Primary and 
Fabricated Metal Products; Section 216.382 Exception, General Motors 
Ferris Foundry in Vermilion County. Added at 16 Illinois Register 
18075, effective November 13, 1992.

[FR Doc. 94-18955 Filed 8-3-94; 8:45 am]
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