[Federal Register Volume 67, Number 72 (Monday, April 15, 2002)]
[Rules and Regulations]
[Pages 18115-18117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8948]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL207-1a; FRL-7159-9]


Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving new emissions tests averaging provisions for 
the state of Illinois. The Illinois Environmental Protection Agency 
(IEPA) submitted the provisions on October 9, 2001 as a requested 
revision to the Illinois State Implementation Plan (SIP). The new 
provisions provide that when conducting a compliance test, a source is 
considered in compliance with the relevant standard if the average of 3 
emissions test runs is at or below the level specified in the emissions 
standard.

DATES: This rule is effective on June 14, 2002, unless EPA receives 
relevant adverse written comments by May 15, 2002. If adverse comment 
is received, EPA will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: You should send written comments to: J. Elmer Bortzer, 
Chief, Regulation Development Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
    You may inspect copies of the State submittal and EPA's analysis of 
it at:
    Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: David Pohlman, Environmental 
Scientist, Regulation Development Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-3299.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' are used we mean EPA.

Table of Contents

I. What is the EPA approving?
    a. What sources may or may not use the emissions tests averaging 
provisions?
    b. What are the criteria for emissions tests averaging?
    c. Test plans.
    d. Changes to test plans.
II. Analysis of the requested SIP revision.
III. What are the environmental effects of this action?
IV. EPA rulemaking action.
V. Administrative requirements.

I. What Is the EPA Approving?

    EPA is approving new emissions tests averaging provisions for the 
state of Illinois. The new provisions provide that when conducting a 
compliance test, a source is considered in compliance with the relevant 
standard if the average of 3 emissions test runs is at or below the 
level specified in the emissions standard.

a. What Sources May or May Not Use the Emissions Tests Averaging 
Provisions?

    The emissions tests averaging provisions only apply to continuous 
steady-state units, cyclic steady-state units, or other units that 
during normal operating conditions produce a consistent pattern of 
emissions.
    Also, the emissions tests averaging provisions may not be used for 
determining the compliance status of emissions units that are subject 
to Sections 111 (Standards of Performance for New Stationary Sources) 
and 112 (Hazardous Air Pollutants) of the Clean Air Act or for units 
that are being tested for emissions generated by hazardous waste or 
municipal waste.

b. What Are the Criteria for Emissions Tests Averaging?

    For emissions tests averaging to be used, the provisions require at 
least 3 valid test runs to be conducted. However, compliance may be 
determined with only 2 valid test runs ``in the event that a sample is 
accidentally lost or conditions occur in which one of the test runs 
must be discontinued because of forced shutdown, failure of an 
irreplaceable portion of the sample train, extreme

[[Page 18116]]

meteorological conditions, malfunction or other dissimilar or not-
representative circumstances.'' If more than 3 valid test runs are 
conducted, compliance will be determined by averaging all valid test 
runs.
    If the criteria for emissions tests averaging are not met, then 
each valid test run must meet the applicable limitation.

c. Test Plans

    Under the following circumstances, if the owner or operator of an 
emission unit intends to average emissions tests results for that unit, 
a test plan must be submitted to the IEPA before testing takes place.
    (1) The IEPA makes a written request for a test plan;
    (2) A non-standard test method or procedure is to be used;
    (3) A source seeks to test at operating parameters that differ from 
the maximum parameters specified in its operating permit;
    (4) A source seeks to deviate from a prior test plan for that 
emission unit; or,
    (5) A test plan for the emission unit is required to be submitted 
by an Illinois Pollution Control Board order, any court order, consent 
decree, compliance commitment agreement, or permit provision.
    Test plans must specify the purpose of the test, the operating 
parameters, the test methods, and any other procedures that will be 
followed when conducting an emissions test.
    If the source plans to utilize a test plan previously submitted to 
the IEPA, a new test plan is not required. The source must submit a 
notice containing the purpose of the test, the date the previously 
submitted test plan was submitted, and a statement that the source is 
relying on a previously submitted test plan.
    If a source intends to use a standard test method or procedure, no 
test plan is required. However, the source must submit a notice 
containing the purpose of the test, and the standard test method or 
procedure to be used.
    The IEPA is not required to review and approve or disapprove test 
plans prior to the emissions tests.

d. Changes to Test Plans

    Certain types of minor changes to test plans which do not effect 
the stringency of the limit may be made at the time of testing as long 
as documentation of the change is submitted with the test results. 
However, if the changes are not approved in advance, the test results 
may be disapproved if it is found that a valid test run was not 
obtained as a result of the change.

II. Analysis of the Requested SIP Revision

    Because the averaging provisions apply only to steady-state 
emissions sources which, by definition, exhibit little variability in 
emissions, approval of these provisions will not result in an increase 
in allowed emissions over current rules.
    Therefore, EPA is approving this rule.

III. What Are the Environmental Effects of This Action?

    As discussed above, the emissions tests averaging provisions apply 
only to steady-state emissions sources which, by definition, exhibit 
little variability in emissions. Therefore, approval of these 
provisions will not result in increased emissions, and will not have an 
adverse effect on air quality.

IV. EPA Rulemaking Action.

    We are approving, through direct final rulemaking, new emissions 
tests averaging provisions for the state of Illinois. We are publishing 
this action without prior proposal because we view this as a 
noncontroversial revision and anticipate no adverse comments. However, 
in a separate document in this Federal Register publication, we are 
proposing to approve the SIP revision should adverse written comments 
be filed. This action will be effective without further notice unless 
we receive relevant adverse written comment by May 15, 2002. Should we 
receive such comments, we 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, this action will be effective on June 14, 2002.

V. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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 (64 
FR 43255, August 10, 1999). This action 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. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 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

[[Page 18117]]

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. 
804(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 June 14, 2002. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Recordkeeping and reporting 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 7, 2002.
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 52.720 is amended by adding paragraph (c)(164) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (164) On October 9, 2001, the Illinois Environmental Protection 
Agency submitted new emissions tests averaging provisions for the state 
of Illinois. The new provisions provide that when conducting a 
compliance test, a source is considered in compliance with the relevant 
standard if the average of 3 emissions test runs is at or below the 
level specified in the emissions standard. The emissions tests 
averaging provisions only apply to units that produce a consistent 
pattern of emissions. The provisions may not be used for determining 
the compliance status of emissions units that are subject to Sections 
111 (Standards of Performance for New Stationary Sources) and 112 
(Hazardous Air Pollutants) of the Clean Air Act or for units that are 
being tested for emissions generated by hazardous waste or municipal 
waste. Also submitted on October 9, 2001 was a non-substantive 
correction in section 283.120 Applicability which corrected typographic 
errors in citing testing requirements contained in Section 111 and 
Section 112 of the Federal Clean Air Act.
    (i) Incorporation by reference.
    (A) Emissions tests averaging provisions for Illinois contained in 
Illinois Administrative Code Title 35: Environmental Regulations for 
the State of Illinois, Subtitle B: Air Pollution, Chapter II: 
Environmental Protection Agency, Part 283: General Procedures For 
Emissions Tests Averaging. Adopted at 24 Ill. Reg. 14428. Effective 
September 11, 2000.
    (B) Correction to Section 283.120 of the Emissions tests averaging 
provisions for Illinois contained in Illinois Administrative Code Title 
35: Environmental Regulations for the State of Illinois, Subtitle B: 
Air Pollution, Chapter II: Environmental Protection Agency, Part 283: 
General Procedures For Emissions Tests Averaging. Expedited Correction 
Adopted at 24 Ill. Reg. 9657. Effective September 11, 2000.

[FR Doc. 02-8948 Filed 4-12-02; 8:45 am]
BILLING CODE 6560-50-P