[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Rules and Regulations]
[Pages 15233-15235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7108]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL115-1-6791a; FRL-5166-1]


Approval and Promulgation of Implementation Plans; Revision to 
the Illinois State Implementation Plan for Ozone

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: The USEPA approves the State Implementation Plan (SIP) 
revision request submitted by the State of Illinois on October 25, 
1994, for the purpose of lowering the Reid Vapor Pressure (RVP) of 
gasoline from 9.0 pounds per square inch (psi) to 7.2 psi for the 
Metro-East St. Louis (Metro-East) ozone nonattainment area which 
includes Madison, Monroe, and St. Clair Counties. The rationale for the 
approval is set forth in this direct final rule; additional information 
is available at the address indicated below. 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 direct final rule and address the comments received in a 
subsequent final rule on the related proposed rule which is being 
published in the proposed rules section of this Federal Register. No 
additional opportunity for public comment will be provided. Unless this 
direct final rule is withdrawn no further rulemaking will occur on this 
requested SIP revision.

DATES: This final rule is effective on May 22, 1995, unless notice is 
received by April 24, 1995, 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 can be mailed to: J. Elmer Bortzer, Chief, 
Regulation Development Section (AR-18J), Regulation Development Branch, 
Air and Radiation Division, U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
    Copies of the USEPA's technical analysis (TSD) are available for 
inspection at the following address: (It is recommended that you 
telephone Francisco Acevedo at (312) 886-6061 before visiting the 
Region 5 Office.) U.S. Environmental Protection Agency, Region 5, Air 
and Radiation Division, 77 [[Page 15234]] West Jackson Boulevard, 
Chicago, Illinois 60604.
    A copy of the RVP SIP revision is 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: Francisco Acevedo (312) 886-6061.

SUPPLEMENTARY INFORMATION:

I. Background

    The USEPA first proposed to regulate gasoline RVP in 1987 (52 FR 
31274). Reid vapor pressure is a measure of a fuel's volatility; the 
higher the RVP the faster a fuel evaporates. Emissions of Volatile 
Organic Compounds (VOC) react with other pollutants, such as oxides of 
nitrogen, to form ozone. Ozone formation is most active during the 
summer months because the chemical reactions involved rely on direct 
sunlight and high ambient temperatures. Thus, regulations limiting fuel 
RVP are designed to protect human health by reducing ozone formation 
and human exposure.
    USEPA's gasoline RVP proposal resulted in a two-phased final 
regulation which Congress incorporated into the Clean Air Act (Act) in 
section 211(h). Phase I of the regulation took effect in 1990 (54 FR 
11868) for the years 1990 and 1991. The second phase of the regulation 
became effective in 1992 (55 FR 23658). The rule divides the 
continental United States into two control regions, Class B and Class 
C. Generally speaking, the Class B States are the warmer southern and 
western states, such as Missouri; and Class C States are the cooler 
northern states, such as Illinois. The Phase II regulation limits the 
volatility of high ozone season gasoline to 9.0 psi RVP for Class C 
areas and limits Class B ozone nonattainment areas to 7.8 psi RVP. 
Therefore, the Missouri counties within the St. Louis ozone 
nonattainment area are required to meet the 7.8 psi RVP standard while 
the Illinois counties have a 9.0 psi RVP limit.
    State governments are generally preempted under section 
211(c)(4)(A) of the Act from requiring that any or all areas in a State 
meet a volatility standard more stringent than the federal 
standard.1 However, under 211(c)(4)(C) a State can require a more 
stringent standard in its SIP if the more stringent standard is 
necessary to achieve the National Ambient Air Quality Standard (NAAQS) 
that the SIP implements in a particular nonattainment area. The State 
can make this necessity showing by providing evidence that no other 
measures exist that would bring about timely attainment, or that such 
measures exist and are technically possible to implement, but are 
unreasonable or impracticable. If a State makes this showing, it can 
lower the volatility to whatever standard is necessary in the 
nonattainment area(s).

    \1\USEPA promulgated the RVP regulations under both section 
211(c) and section 211(h). States are generally preempted under 
section 211(c)(4)(A) from requiring fuel standards nonidentical to 
Federal standards promulgated under section 211(c)(1).
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II. State Submittal

    Section 182(b)(1) of the Act requires all moderate and above ozone 
nonattainment areas to achieve a 15 percent reduction of 1990 emissions 
of volatile organic material by 1996. The Metro-East area is classified 
as ``Moderate'' nonattainment for ozone, and as such is subject to the 
15 percent Rate of Progress (ROP) requirement.
    The Illinois Environmental Protection Agency (IEPA) developed and 
submitted a plan to USEPA on November 22, 1994, outlining the VOC 
emission control measures that the State will implement in order to 
satisfy the 15 percent ROP requirements. USEPA is currently reviewing 
the plan. One of the measures identified in the Metro-East plan was an 
RVP limit of 7.8 psi. The Metro-East ozone nonattainment area includes 
Madison, Monroe, and St. Clair Counties. The 7.8 psi RVP level was 
originally chosen to coincide with the gasoline volatility requirement 
for the adjacent St. Louis, Missouri area. However, in December 1993, 
the Missouri Department of Natural Resources (DNR) proposed lowering 
the St. Louis area gasoline RVP to 7.2 psi. Therefore, in order to 
maintain consistency within the area, IEPA proposed a similar 7.2 psi 
RVP limit. On April 22, 1994, IEPA filed the proposed 7.2 psi RVP rules 
with the Illinois Pollution Control Board (Board). A public hearing on 
the rules was held on June 17, 1994, in Chicago, Illinois, and on 
September 5, 1994, the Board adopted a Final Opinion and Order for the 
proposed amendments. The rules became effective on September 21, 1994, 
and they were published in the Illinois State Register on October 7, 
1994. The IEPA formally submitted the RVP rule to USEPA on October 25, 
1994, as a revision to the Illinois ozone SIP.
    Illinois has reviewed all reasonable control measures and 
calculated the total reductions that it could achieve through these 
measures. The 15 percent ROP modeling has shown that limiting the RVP 
of gasoline to 7.2 psi reduces emissions in the Metro-East area by 
approximately 8.5 tons per day or 26 percent of the total reduction 
needed in the area to meet the 15 percent ROP requirement and to attain 
the NAAQS for ozone. Evaluation of the ROP modeling has shown that the 
Metro-East area will not be able to demonstrate attainment without 
controls that achieve this quantity of emission reduction. Illinois has 
selected the RVP control because there are no other reasonable and 
practicable emission control options available for the area capable of 
achieving this level of emission reduction. In determining whether 
other control measures were unreasonable or impracticable, Illinois 
considered such factors as cost-effectiveness, unpopularity with the 
public, need for consistent RVP standards across the greater 
metropolitan area, and the time frame in which such reductions can be 
achieved. (See February 9, 1995 TSD for a more detailed discussion of 
this analysis).

III. Analysis of Rule

    The Illinois RVP rule amends 35 Ill. Adm. Code Part 219 Subpart A 
and Subpart Y. The RVP rule limits the volatility of gasoline sold in 
Madison, Monroe, and St. Clair Counties to 7.2 psi RVP during the 
control period beginning in 1995. The adopted control period included 
in the rule is June 1 to September 15 for retail outlets and wholesale 
consumers, and May 1 to September 15 for all others. The rule grants a 
1 psi waiver for ethanol-blended gasolines that have an ethanol content 
between 9 and 10 percent by volume. In addition the Illinois RVP rule 
requires all parties involved with the marketing of gasoline to 
maintain records indicating that the volatility of each gasoline 
shipment is in compliance with the 7.2 psi RVP standard. The control 
period, ethanol blend waiver, and recordkeeping requirements are all 
consistent with the Act and USEPA's final RVP rule (CAA Sec. 211(h); 40 
CFR 80.27).
    Gasoline sampling and testing to assure compliance with the 
regulation will be performed by the Illinois Department of Agriculture. 
Sampling will be performed in accordance with the procedures described 
by USEPA in its gasoline volatility regulations in 40 CFR 80 appendix 
D. Gasoline volatility and ethanol content tests will be performed 
following procedures described by USEPA in 40 CFR 80 appendix E and 
appendix F, respectively. Gasoline analysis results will be forwarded 
to the IEPA for compliance assurance and the preparation of enforcement 
actions. The [[Page 15235]] Illinois Environmental Protection Act 
(Illinois Act), section 42(a), states that any person that violates any 
provision of this Illinois Act or any regulation adopted by the Board, 
or any permit or term or condition thereof, or that violates any 
determination or order of the Board pursuant to this Act, shall be 
liable to a civil penalty not to exceed $50,000 for the violation and 
an additional $10,000 for each day for which the violation continues. 
In that this submittal is a regulation adopted by the Board, a 
violation of which subjects the violator to penalties under section 
42(a), the submittal contains sufficient enforcement penalties for 
approval.

IV. Final Rulemaking Action

    The USEPA approves the SIP revision submitted by the State of 
Illinois. The State of Illinois has submitted a SIP revision that 
includes enforceable state regulations which are consistent with 
Federal requirements. The State has also committed to perform 
enforcement inspections on at least 20 percent of the regulated 
stations during the first year of enforcement. Substantial penalties 
that will provide an adequate incentive for the regulated industry to 
comply and are no less than the expected cost of compliance are 
included in current Pollution Control Board Regulation. USEPA is, 
therefore, approving this submittal.

Procedural Background

    Because USEPA considers this action noncontroversial and routine, 
the Agency is approving it without prior proposal. The action will 
become effective on May 22, 1995. However, if the USEPA receives 
adverse comments by April 24, 1995, then the USEPA will publish a 
notice that withdraws the action, and will address the comments 
received in response to this direct 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. The Office of Management and Budget (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 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 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.
    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. U.S. Environmental Protection Agency, 427 U.S. 
246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
    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 May 22, 1995. 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, Air pollution control, Hydrocarbon, 
Incorporation by reference, Ozone.

    Dated: February 23, 1995.
Robert Springer,
Acting 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)(109) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (109) On October 25, 1994, Illinois submitted a regulation that 
reduced the maximum allowable volatility for gasoline sold in the 
Metro-East St. Louis ozone nonattainment area, which includes Madison, 
Monroe, and St. Clair Counties, to 7.2 psi during the summer control 
period. The summer control period is June 1 to September 15 for retail 
outlets and wholesale consumers, and May 1 to September 15 for all 
others.
    (i) Incorporation by reference. Illinois Administrative Code Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources, Part 219 Organic Material Emission 
Standards and Limitations for Metro East Area,
    (A) Section 219.112 Incorporation by Reference. Amended at 18 Ill. 
Reg. 14987. Effective September 21, 1994.
    (B) Section 219.585 Gasoline Volatility Standards. Amended at 18 
Ill. Reg. 14987. Effective September 21, 1994.

[FR Doc. 95-7108 Filed 3-22-95; 8:45 am]
BILLING CODE 6560-50-P