[Federal Register Volume 59, Number 241 (Friday, December 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31008]


[[Page Unknown]]

[Federal Register: December 16, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL96-1-6539a; FRL-5124-1]

 

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) 
approves Illinois' May 18, 1994, request to repeal the Stage II vapor 
recovery control requirements in the Illinois State Implementation Plan 
(SIP) for ozone in the East St. Louis (Metro-East) moderate ozone 
nonattainment area which consists of three Illinois counties: Madison, 
Monroe and St. Clair. Section 202 of the 1990 Clean Air Act (Act) 
provides that Stage II regulations are not required in moderate ozone 
nonattainment areas if USEPA promulgates on board vapor recovery (OBVR) 
regulations. The USEPA promulgated OBVR controls on April 6, 1994, 
which became effective on May 6, 1994. USEPA made a finding of 
completeness on the SIP submittal on August 24, 1994.
    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 February 14, 1995 unless an 
adverse comment is received by January 17, 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 8:00 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, S.W., Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Randolph O. Cano, Regulation 
Development Section, Regulation Development Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. Telephone: (312) 886-6036.

SUPPLEMENTARY INFORMATION: The USEPA approved the incorporation of 
Stage II vapor recovery control requirements in the East St. Louis area 
(Madison, Monroe, and St. Clair Counties) of Illinois which was 
designated as a moderate ozone nonattainment area pursuant to the 1990 
Act on January 12, 1993 (58 FR 3841), at 40 CFR 52.720(c)(93)(i)(B). On 
May 18, 1994, the Illinois Environmental Protection Agency (IEPA) 
submitted a SIP revision request in the form of a February 17, 1994, 
Final Opinion and Order of the [Illinois Pollution Control] Board in 
rulemaking R93-28. Rulemaking R93-28 repeals the Stage II vapor 
recovery controls applicable to the East St. Louis area.
    Stage II vapor recovery systems are designed to control and capture 
hydrocarbon vapors during the refueling of motor vehicles. Vehicle fuel 
emissions consist of gasoline vapors displaced from the vehicle tank by 
dispensed liquid gasoline as the tank is filled. The Stage II system 
captures these vapors as they exit the fuel fillpipe, thereby 
preventing escape of the vapors into the atmosphere. Vapor capture is 
accomplished by one of several types of devices attached to or part of 
the nozzle of the fuel dispensing system.
    The Stage II regulations at issue are found at Illinois 
Administrative Code, Title 35: Environmental Protection, subtitle B: 
Air Pollution, chapter I: Pollution Control Board, part 219: Organic 
Material Standards and Limitations for the Metro-East Area, subpart Y: 
Gasoline Distribution; Sec. 219.583 Gasoline Dispensing Facilities--
Storage Tank Filling Operations, amended at 16 Illinois Register 13883, 
effective August 24, 1992, and; Sec. 219.586 Gasoline Dispensing 
Facilities--Motor Vehicle Fueling Operations, added at 16 Illinois 
Register 13883, effective August 24, 1992. The USEPA approved the 
incorporation of these regulations into the Illinois SIP on January 12, 
1993, (58 FR 3841). This approval was codified at 40 CFR 52.720(c)(93).
    Section 202 of the amended Act provides that Stage II regulations 
are not required in moderate ozone nonattainment areas if USEPA 
promulgates OBVR regulations (42 U.S.C. 7521(a)(6)). The USEPA 
promulgated OBVR controls on April 6, 1994 (59 FR 16262), which became 
effective on May 6, 1994. This promulgation was ordered by the United 
States Court of Appeals for the District of Columbia Circuit as the 
result of a suit brought against USEPA by the Natural Resources Defense 
Counsel and others (NRDC v. Reilly, No. 921137, DC Cir. January 22, 
1993).
    On October 21, 1993, IEPA petitioned the Illinois Pollution Control 
Board (IPCB) to repeal the Stage II vapor recovery regulations 
applicable in the East St. Louis area. The IEPA based its petition on 
the large capital costs associated with Stage II controls and their 
impact on the economically depressed East St. Louis area to satisfy a 
requirement which would cease to exist once USEPA completed 
promulgation of OBVR regulations.
    The Illinois administrative record for this repeal estimated that 
377 facilities would be subject to Stage II control requirements in the 
East St. Louis area. Capital costs associated with installing these 
controls exceeded $8,500,000. Further, these controls would not be 
required once USEPA promulgated OBVR regulations. Based on the 
administrative record for its rulemaking the IPCB repealed the 
regulations requiring Stage II vapor recovery in the East St. Louis 
area.
    Since section 202 of the amended Act provides that Stage II 
regulations are not required in moderate ozone nonattainment areas if 
USEPA promulgates OBVR regulations, USEPA believes that it must allow 
States to repeal Stage II regulations and revise their SIPs in moderate 
ozone nonattainment areas unless the State will rely on these 
regulations to provide emission reductions to satisfy other 
requirements of the Act, such as to achieve reasonable further progress 
toward attainment of the ozone National Ambient Air Quality Standard. 
As part of its submittal of this repeal of the requirement for Stage II 
in the East St. Louis area, IEPA provided assurances that emission 
reductions from Stage II had not been relied upon in the 15 percent 
plan for the East St. Louis area. On November 22, 1994, Illinois 
submitted its final 15 percent plan for the East St. Louis Area. The 
State's 15 percent plan does not rely on emission reductions from Stage 
II to achieve the required 15 percent emission reduction requirement. 
Based on the State's submittal, USEPA is approving the repeal of the 
Stage II requirements for the East St. Louis area from the SIP.
    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 February 14, 1995 unless adverse or critical 
comments are received by January 17, 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 February 14, 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 February 14, 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, Nitrogen dioxide, Ozone, Volatile organic compounds.
    Dated: December 5, 1994.
David A. Ullrich,
Acting 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


Sec. 52.720  [Amended]

    2. In Sec. 52.720 paragraph (c)(93)(i)(B) is removed and reserved.
    3. In Sec. 52.726 paragraph (f) is revised to read as follows:


Sec. 52.726  Control strategy: Ozone.

* * * * *
    (f) On September 30, 1992, the State submitted rules regulating 
volatile organic compound emissions from gasoline dispensing 
facilities' motor vehicle fuel operations (Stage II vapor recovery 
rules) in the Chicago ozone nonattainment area. The Illinois 
Environmental Protection Agency Bureau of Air must as part of the 
program conduct inspections of facilities subject to this rule to 
ensure compliance with the applicable rules. These inspections will be 
conducted on an annual basis or an alternative schedule as approved in 
the USEPA Fiscal Year Inspection Program Plan.
* * * * *
[FR Doc. 94-31008 Filed 12-15-94; 8:45 am]
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