

[Federal Register: April 30, 2007 (Volume 72, Number 82)]
[Rules and Regulations]               
[Page 21116-21119]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap07-11]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-0138; FRL-8302-5]

 
Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving the incorporation of revised air 
pollution permitting and emission standards rules into the Illinois 
State Implementation Plan (SIP). The State submitted this request for 
revision to its SIP to EPA on May 31, 2006. This approval makes the 
State's rules federally enforceable.

DATES: This rule is effective on June 29, 2007, unless EPA receives 
adverse comment by May 30, 2007. If adverse comments are received, EPA 
will publish a timely withdrawal of the direct final rule in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-0138, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 

submitting comments.
    2. E-mail: blakley.pamela@epa.gov.
    3. Fax: (312) 886-5824.
    4. Mail: Pamela Blakley, Chief, Air Permits Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Air Permits Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only 
accepted during the Regional Office normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information. The Regional Office official hours of business are Monday 
through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2007-0138. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 

is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 

automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some 

information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the U.S. Environmental 

Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. We recommend that you telephone Constantine Blathras at (312) 
886-0671 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Air and 
Radiation Division, Air Programs Branch, U.S. Environmental Protection 
Agency, Region 5, 77 W. Jackson Boulevard (AR-18J), Chicago, Illinois 
60604.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us'', or 
``our'' are used to mean EPA. This supplementary information section is 
arranged as follows:

I. Questions and Answers
    A. What action is EPA taking?
    B. Why is EPA taking this action?
    C. How do these rule changes affect current Federal 
requirements?
    D. Why has the State made these regulatory changes?
    E. What types of emission units are affected by these changes?
    F. How will EPA's approval of revised permit exemptions affect 
air quality?
    G. Does this SIP revision contain any other changes?
II. Statutory and Executive Order Reviews

I. Questions and Answers

A. What action is EPA taking?

    We are approving two revisions to the Illinois SIP which the State 
of Illinois requested. Specifically, we are approving the incorporation 
of revisions to Title 35 of the Illinois Administrative Code (35 IAC) 
201.146, Exemptions from State Permit Requirements into the Illinois 
SIP. These revisions clarify, modify, and add to the list of emission 
units and activities which are exempt

[[Page 21117]]

from State permitting requirements. The revision adds some emission 
units and activities to the list of those that are exempt from certain 
State permitting requirements, and clarifies that other State 
permitting requirements may apply for the entire facility. For example, 
if a new emission unit is subject to Federal New Source Performance 
Standards, then it will need a State construction permit.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective June 29, 2007 
without further notice unless we receive relevant adverse written 
comments by May 30, 2007. If we receive such comments, we will withdraw 
this action before the effective date by publishing a subsequent 
document that will withdraw the final action. All public comments 
received will then be addressed in a subsequent final rule based on the 
proposed action. The EPA will not institute a second comment period. 
Any parties interested in commenting on this action should do so at 
this time. If we do not receive any comments, this action will be 
effective June 29, 2007.

B. Why is EPA taking this action?

    We are acting on a May 31, 2006, request from the Illinois EPA to 
revise the Illinois SIP.

C. How do these rule changes affect current Federal requirements?

    State construction or operating permits are no longer required for 
certain categories of emission units and activities listed in 35 IAC 
201.146, Exemptions from State Permit Requirements. These rule changes 
do not affect permitting under major New Source Review or Federal 
operating permits under Title V of the Clean Air Act.

D. Why has the State made these regulatory changes?

    The State made these changes primarily to remove the requirement to 
obtain a State construction and operating permit for emission units 
with very low emissions and where the permit would serve no real 
environmental or informational need.
    Many of these emission units have been deemed insignificant under 
Illinois' Clean Air Act Permit Program (CAAPP) as specified in 35 IAC 
201.210 and, therefore, warrant consideration for exemption from State 
permitting requirements. However, the emission units categories listed 
as insignificant in 35 IAC 201.210 are not automatically exempted in 
201.146, because Illinois does not believe that all of the activities 
listed as insignificant under the CAAPP merit exemption from State 
permit requirements. Illinois' rationale is that Illinois EPA retains 
some discretion under the CAAPP, as it applies to sources that are 
required to submit an application for a State construction and 
operating permit. The CAAPP permit application process allows Illinois 
EPA the opportunity to evaluate proposed insignifcant emission units at 
a source. However, if an emission unit or activity qualifies for 
exemption from State permitting requirements under 35 IAC 210.146, no 
State construction and operating permit application is required and 
Illinois EPA therefore has no opportunity to evaluate the emission 
unit.
    Certain amendments to section 201.146 clarify the types of 
activities or emission units that are covered by an exemption category. 
In several instances, the amendments modify an existing exemption 
category so that emission units subject to certain requirements to 
control emissions will require permits. Illinois believes that 
permitting for these activities is appropriate to assure compliance 
with these control requirements.

E. What types of emission units are affected by these changes?

    This SIP revision affects all emission units and activities subject 
to State permitting requirements pursuant to section 39 of the Illinois 
Environmental Protection Act (Illinois Act) and 35 IAC 201.142, 
201.143, and 201.144. For State operating permits, emission units only 
qualify for exemption if the units are located at a source that is not 
subject to the CAAPP pursuant to section 39.5 of the Illinois Act. For 
construction permits, the exemption also includes emission units at a 
source subject to the CAAPP.
    Section (hhh): Replacement or addition of air pollution control 
equipment for existing emission units.
    The exemption applies only to existing facilities that are 
permitted and have operated in compliance with their permit for the 
past year. The new pollution control equipment must maintain or improve 
air pollution control over the prior levels of target pollutants and 
not result in a net increase in emissions of any collateral pollutant. 
The exemption does not apply if the installation or operation of the 
new or replacement pollution controls would trigger or change 
applicability of different regulatory requirements. Finally, required 
monitoring equipment must be carried over to the replacement control 
device and must incorporate current technology.
    Section (iii): Replacement, addition, or modification of emission 
units at facilities with federally enforceable State operating permits 
limiting their potential to emit in certain circumstances.
    This provision affects some units or activities at FESOP sources 
that do not fit under any of the existing listed exemptions under 
Section 201.146 and that are still insignificant from a permitting 
standpoint. Under this exemption, permits are not necessary for units 
at minor FESOP sources with low potential to emit (less than 0.1 pound 
per hour or 0.44 tons per year) any regulated air pollutant absent air 
pollution equipment from the new or modified unit that have no 
outstanding compliance or enforcement issues. Also, raw materials and 
fuels that cause or contribute to emissions must not contain a 
hazardous air pollutant equal to or greater than 0.01 percent by 
weight. Further, this exemption is not available to a source that must 
meet New Source Performance Standards and New Source Review 
requirements under the Clean Air Act or if outstanding compliance or 
enforcement issues exist.
    Section (jjj): Replacement, addition, or modification of emission 
units at permitted sources that are not major sources subject to 
Section 39.5 and that do not have a federally enforceable state 
operating permit limiting their potential to emit.
    This exemption is limited to sources with the low potential to emit 
of any regulated air pollutant absent air pollution equipment from the 
new or modified unit that have no outstanding compliance or enforcement 
issues at the source. This exemption is available for minor sources 
that have a slightly greater potential to emit (up to 0.5 pounds per 
hour) so long as the facility notifies the IEPA of its intent to 
construct or install a new emissions unit or modification. This 
provision requires permitting if the additional emissions from the unit 
could change the sources' status with respect to its potential to emit. 
This exemption is also not available to a source that must meet New 
Source Performance Standards and New Source Review requirements under 
the Clean Air Act.
    Section (kkk): The owner or operator of a CAAPP source is not 
required to

[[Page 21118]]

obtain an air pollution control construction permit for the 
construction or modification of an emission unit or activity that is an 
insignificant activity as addressed by Section 201.210 or 201.211. 
Section 201.212 must still be followed, as applicable. Other than 
excusing the owner or operator of a CAAPP source from the requirement 
to obtain an air pollution control construction permit for the emission 
units or activities, nothing in this subsection shall alter or affect 
the liability of the CAAPP source for compliance with emission 
standards and other requirements that apply to the emission units or 
activities, either individually or in conjunction with other emission 
units or activities constructed, modified, or located at the source.
    This section creates a list of permit exempt insignificant 
activities similar to those for CAAPP sources. See 35 Ill. Adm. Code 
201.210 through 210.211. Owners or operators must notify the Agency 
when they add insignificant activities. Facilities must still comply 
with otherwise applicable emission standards or other regulatory 
requirements.
    Section (lll): Plastic injection molding operations. This section 
revises the Illinois' regulations regarding exemptions from air 
construction and operating permit requirements to add a category for 
plastic injection molding operations to the existing list of permit 
exemptions in Section 201.146.
    Many of these emission units have been deemed insignificant under 
Illinois' CAAPP as specified in 35 IAC 201.210 and, therefore, warrant 
consideration for exemption from State permitting requirements. 
However, the emission units categories listed as insignificant in 35 
IAC 201.210 are not automatically exempted in 201.146, because Illinois 
does not believe that all of the activities listed as insignificant 
under the CAAPP merit exemption from State permit requirements. 
Illinois' rationale is that Illinois EPA retains some discretion under 
the CAAPP, as it applies to sources that are required to submit an 
application for a State construction and operating permit. The CAAPP 
permit application process allows Illinois EPA the opportunity to 
evaluate proposed insignificant emission units at a source. However, if 
an emission unit or activity qualifies for exemption from State 
permitting requirements under 35 IAC 210.146, no State construction and 
operating permit application is required and Illinois EPA therefore has 
no opportunity to evaluate the emission unit.

F. How will EPA's approval of revised permit exemptions affect air 
quality?

    Control requirements are independent of whether or not a source 
must have an operating permit. Other Federal and State regulations are 
not impeded by these revisions. EPA does not anticipate that this 
action will adversely affect air quality because the permit exemption 
emission thresholds are below major source construction significant 
emission rates. Sources below the major source construction significant 
emission rates are not generally required to perform an air quality 
analysis during minor source permitting because they are unlikely to 
adversely impact air quality. The purpose of this revision is to 
relieve the IEPA and owners and operators from the burden of state 
construction and operation permitting for these very low emitting 
emission units and activities. The existing language of Section 
201.146, which will be applicable to this exemption, provides, ``* * * 
The permitting exemptions in this Section do not relieve the owner or 
operator of any source from the obligation to comply with any other 
applicable requirements, including the obligation to obtain a permit 
pursuant to Section 9.1(d) and 39.5 of the Act, Sections 165, 173, and 
502 of the Clean Air Act or any other applicable permit or registration 
requirement.''
    Although there are no specific emission limitations or emission 
controls prescribed by these regulatory revisions, the affected units 
and activities will remain subject to all regulations governing general 
applicability, such as the regulatory prohibition on emissions in 
excess of major source thresholds; the protection of the national 
ambient air quality standards, and the protection of the prevention of 
significant deterioration increments.

 G. Does this SIP revision contain any other changes?

    There are no additional changes being requested in this SIP 
revision.

II. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    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.

Executive Order 13211: Actions That Significantly Affect Energy Supply, 
Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' 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).

Regulatory Flexibility Act

    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.).

Unfunded Mandates Reform Act

    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 (Pub. L. 104-4).

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    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 (59 
FR 22951, November 9, 2000).

Executive Order 13132: Federalism

    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.

[[Page 21119]]

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    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 approves a state rule implementing a 
Federal standard.

National Technology Transfer Advancement Act

    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.

Paperwork Reduction Act

    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.).

Congressional Review Act

    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 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 29, 2007. 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, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 6, 2007.
Walter W. Kovalick,
Acting Regional Administrator, Region 5.

0
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]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart O--Illinois

0
2. Section 52.720 is amended by adding paragraph (c)(177) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (177) On May 31, 2006, the Illinois Environmental Protection Agency 
submitted a requested revision to the Illinois State Implementation 
Plan. This revision provides additional exemptions from State of 
Illinois permit requirements codified by the State at Part 201 of Title 
35 of the Illinois Administrative Code (35 IAC Part 201).
    (i) Incorporation by reference.


Illinois Administrative Code, Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board, 
Subchapter a: Permits and General Provisions, Part 201 Permits and 
General Provisions, Subpart C: Prohibitions, Section 201.146 Exemptions 
from State Permit Requirements paragraphs (hhh), (iii), (jjj), (kkk), 
and (lll). Amended at 30 Ill. Reg. 4901, effective March 3, 2006.

 [FR Doc. E7-8104 Filed 4-27-07; 8:45 am]

BILLING CODE 6560-50-P
