[Federal Register Volume 66, Number 26 (Wednesday, February 7, 2001)]
[Rules and Regulations]
[Pages 9206-9209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1822]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 52

[IL198-1a; FRL-6935-4]


Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The USEPA is approving a negative declaration submitted by the 
State of Illinois which indicates there is no need for regulations 
covering the industrial cleaning solvents 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 cleaning solvents category sources was submitted 
to USEPA in a letter dated December 23, 1999.

DATES: This rule is effective on April 9, 2001, unless USEPA receives 
adverse written comments by March 9, 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.
    Copies of the negative declarations are 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?
II. Negative declarations and their justification.
III. USEPA review of the negative declarations.
IV. Administrative requirements.
    A. Executive Order 12866
    B. Executive Order 13045
    C. Executive Order 13084
    D. Executive Order 13132
    E. Regulatory Flexibility
    F. Unfunded Mandates
    G. Submission to Congress and the Comptroller General
    H. National Technology Transfer and Advancement Act
    I. Petitions for Judicial Review

I. What Is the Background for This Action?

    Under the Clean Air Act (Act), as amended in 1977, ozone 
nonattainment areas were 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. CTGs were published by this 
date for the following source categories--Synthetic Organic Chemical 
Manufacturing Industry (SOCMI) Reactors and Distillation, aerospace 
manufacturing coating operations, 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 the CTG 
document.
    The USEPA created a control guideline document as Appendix E to the 
General Preamble for the

[[Page 9207]]

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 (which it did 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 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 that there are no sources in the nonattainment area 
for that source category in lieu of submitting a control strategy.

III. USEPA Review of the Negative Declarations

    On December 23, 1999, Illinois submitted a negative declaration for 
major sources of industrial cleaning solvents VOC emissions in the 
Chicago ozone nonattainment area. In making this determination, the 
Illinois EPA conducted a search of its 1996 Chicago ozone precursor 
emission inventory for any source that would have the potential to emit 
at least 25 tons per year (TPY) of VOC emissions from industrial 
cleaning solvents. Illinois' search consisted of sources with source 
code classifications (SCCs) that may be used for cleaning solvents or 
key words related to industrial cleaning solvents appearing in their 
descriptions. From these, Illinois EPA calculated potential emissions 
and found that five sources had the potential to emit over 25 TPY. 
These were investigated more thoroughly using permit information. From 
this investigation, Illinois EPA found that none of the five sources 
would need to be subject to an industrial cleaning solvents rule either 
because emissions were limited by a federally enforceable permit or 
because the source was not a type of operation that would fall into the 
scope of the Industrial Cleaning Solvent Alternative Control Technique, 
for example, a vapor degreaser that is already covered by existing 
Illinois regulations. Further, Illinois' rules for the Chicago ozone 
nonattainment area already contain provisions for the regulation of 
cleaning solvents used in cold cleaning/degreasing, conveyorized 
degreasing, vapor degreasing, cleaning solutions on lithographic 
printing lines and cleaning solvents for wood furniture coating 
operations. It should be noted that any industrial cleaning solvent 
operation in the Chicago ozone nonattainment area that has maximum 
theoretical emissions of 100 TPY or greater, and is not otherwise 
regulated by Title 35 of the Illinois Administrative Code, Part 218 
Organic Material Emission Standards and Limitations for the Chicago 
Area (35 Ill. Adm. Code, Part 218) would be regulated under Illinois' 
generic rules category which is codified under 35 Ill. Adm. Code Part 
218, Subpart TT. Based on Illinois EPA's review of the 1996 Chicago 
ozone precursor emission inventory and the ongoing review of staff 
engineers of facilities in the Chicago ozone nonattainment area, there 
are no facilities would be subject to the industrial cleaning solvents 
RACT category. Therefore, RACT regulations for industrial cleaning 
solvents are not needed for the Chicago ozone nonattainment area.
    USEPA has examined the State's negative declaration regarding the 
lack of need for regulations controlling emissions from industrial 
cleaning solvents sources located in the Chicago ozone nonattainment 
area. USEPA agrees there are no industrial cleaning solvents sources in 
the Chicago ozone nonattainment area which would require the adoption 
of rules to control this source category.
    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 March 9, 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 April 9, 2001.

VI. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

C. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly affects or uniquely affects 
the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments, or EPA consults 
with those governments. If EPA complies by consulting, Executive Order 
13084 requires EPA to provide to the Office of Management and Budget, 
in a separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''

[[Page 9208]]

    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

D. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that 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.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule will not 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, 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. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule.

E. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
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 small governmental 
jurisdictions.
    This rule will not have a significant impact on a substantial 
number of small entities because SIP approvals under section 110 and 
subchapter I, part D of the Clean Air 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 create 
any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under sections 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    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. EPA 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 April 9, 2001 unless EPA 
receives adverse written comments by March 9, 2001.

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. Petitions for Judicial Review

    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 April 9, 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,

[[Page 9209]]

Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: January 8, 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.

Subpart O--Illinois

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


Sec. 52.726  Control strategy: Ozone.

* * * * *
    (z) Negative declaration--Industrial cleaning solvents 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 cleaning solvents 
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. 01-1822 Filed 2-6-01; 8:45 am]
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