[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4222]
[[Page Unknown]]
[Federal Register: February 25, 1994]
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PART 10--ACCESS TO INFORMATION ABOUT INDIVIDUALS
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL86-1-6181; FRL-4841-1]
Approval and Promulgation of a State Implementation Plan for
Photochemical Assessment Monitoring; Illinois
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The United States Environmental Protection Agency (USEPA) is
approving a revision to the Illinois State Implementation Plan (SIP)
for ozone. USEPA's action is based upon a revision request which was
submitted by the State to satisfy the requirements for enhanced ozone
monitoring in the Clean Air Act (Act). The Act requires the State to
provide for establishment and maintenance of an enhanced ambient air
quality monitoring network in the form of photochemical assessment
monitoring stations (PAMS) by November 12, 1993.
DATES: This rulemaking will be effective April 26, 1994, unless notice
is received by March 28, 1994 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 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 SIP revision and USEPA's analysis are available for
inspection at the following address: (It is recommended that you
telephone Patricia Morris at (312) 353-8656, before visiting the Region
5 Office.) U.S. Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois,
60604.
FOR FURTHER INFORMATION CONTACT: Patricia Morris, Regulation
Development Section (AR-18J), Regulation Development Branch, U.S.
Environmental Protection Agency, Region 5, Chicago, Illinois, 60604,
(312) 886-6081
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(c)(1) of the Act, as amended in 1990 and the General
Preamble (57 FR 13515) require that the USEPA promulgate rules for
enhanced monitoring of ozone, oxides of nitrogen (NOx), and
volatile organic compounds (VOC) no later than 18 months after the date
of the enactment of the 1990 Amendments. In addition, the Act requires
that following the promulgation of the rules relating to enhanced
ambient monitoring, the State must commence actions to adopt and
implement a program based on these rules, including a revision to each
SIP affecting areas classified serious and above for ozone, to provide
for establishment and maintenance of PAMS as part of their overall
ambient air quality monitoring network.
The final PAMS rule was promulgated by USEPA on February 12, 1993
(58 FR 8452). Section 58.40(a) of title 40, subpart C of the Code of
Federal Regulations requires the State to submit a photochemical
assessment monitoring network description, including a schedule for
implementation, to the Administrator within 6 months after
promulgation, or by August 12, 1993.
Further, Sec. 58.20(f) requires the State to provide for the
establishment and maintenance of a PAMS network within 9 months after
promulgation of the final rule or November 12, 1993.
On August 12, 1993, the Lake Michigan Air Directors Consortium
submitted an alternative regional PAMS network description, including a
schedule for implementation, under the signature of the State Air
Directors for the four States of Illinois, Indiana, Michigan and
Wisconsin (``the States''). This submittal is currently being reviewed
by the USEPA and is intended to satisfy the requirements of
Sec. 58.40(a).
On November 4, 1993, Illinois submitted to the USEPA a revision to
the Illinois ozone SIP and requested its approval. A letter finding the
submittal complete was sent to the State on December 15, 1993.
The November 4, 1993, Illinois submission (Illinois PAMS SIP
revision request) is intended to meet the requirements of section
182(c)(1) of the Act and effect compliance with 40 CFR part 58, subpart
C, as amended on February 12, 1993 by implementing the rules for PAMS.
The Illinois Environmental Protection Agency (IEPA) held a public
hearing on the Illinois PAMS SIP revision request on October 15, 1993.
II. Analysis of State Submittal
On November 4, 1993, the IEPA submitted to the USEPA the Illinois
PAMS SIP revision request, which would incorporate PAMS into the
ambient air quality monitoring network of State and Local Ambient
Monitoring Stations/National Ambient Monitoring Stations (SLAMS/NAMS).
The State will establish and maintain PAMS as part of the overall
ambient air quality monitoring network.
The criteria used to review the Illinois PAMS SIP revision request
are derived from 40 CFR part 58 revisions promulgated on February 12,
1993 (58 FR 8452), the Guideline for the Implementation of the Ambient
Air Monitoring Regulations 40 CFR Part 58 (EPA-450/4-78-038, OAQPS,
November 1979), the September 2, 1993 memorandum from the U.S. EPA,
Office of Air Quality Planning and Standards (OAQPS), entitled Final
Boilerplate Language for the PAMS SIP Submittal, the Act and the
General Preamble.
The alternative regional PAMS network submitted by the States on
August 12, 1993 is currently being reviewed by USEPA. A joint network
description and implementation schedule is allowed and encouraged by 40
CFR 58.40(a)(3) for States where the State's PAMS network requires
monitoring stations in different States and/or Regions.
Since network descriptions may change annually, they are not part
of the SIP as recommended by the Guideline for the Implementation of
the Ambient Air Monitoring Regulations 40 CFR Part 58. However, the
network description is negotiated and approved during the annual review
via the section 105 of the Act grant process as required by 40 CFR
58.20(d), 58.25, 58.36 and 58.46.
On November 4, 1993 the State submitted the Illinois PAMS SIP
revision request to incorporate PAMS into the overall ambient air
quality monitoring network. The Illinois PAMS SIP revision request
would provide Illinois with the authority to establish and operate the
PAMS sites, secure funds for PAMS and provide the USEPA with authority
to enforce the implementation of PAMS, since their implementation is
required by the Act.
The September 2, 1993 memorandum from OAQPS entitled Final
Boilerplate Language for the PAMS SIP Submittal stipulates that the
PAMS SIP revision request, at a minimum, should provide for the
monitoring of criteria and non-criteria pollutants as well as
meteorological parameters; provide that a copy of the approved (or
proposed) PAMS network description, including the phase-in schedule, be
made available for public inspection during the public notice and/or
comment period for the SIP revision request or, alternatively, provide
that, on request, information concerning the State's plans for
implementing the rules be made publicly available; reference the fact
that PAMS will become a part of the State and local air monitoring
stations (SLAMS) network; and, allow for sampling via methods approved
by USEPA which are not Federal Reference method or equivalent.
The Illinois PAMS SIP revision request provides that the network
will measure ambient levels of ozone, NOx, speciated VOC,
including hydrocarbons and carbonyls and meteorological data. During
the public comment period and hearing, Illinois provided a copy of the
proposed alternative regional PAMS network description, including a
schedule, to the public. The Illinois PAMS SIP revision request
provides that each station in the air quality surveillance network
provided for and described in the network description will be termed a
SLAMS. Finally, the Illinois PAMS SIP revision request provides that
the methods used in PAMS will meet the criteria stipulated by 40 CFR
58.41, the quality assurance requirements as contained in 40 CFR part
58, appendix A, and the monitoring methodology requirements contained
in appendix C.
III. Final Rulemaking Action
The USEPA approves the Illinois rule revision for PAMS and adopts
it into the Illinois SIP for ozone.
Because USEPA considers this action noncontroversial and routine,
we are approving it without prior proposal. The action will become
effective on April 26, 1994. However, if we receive notice by March 28,
1994, that someone wishes to submit adverse comments, then USEPA will
publish: (1) A notice that withdraws the action; and (2) a notice that
begins a new rulemaking by proposing the action and establishing a
comment period.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The USEPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989, (54 FR 2214-2225). On January 6, 1989, the Office of
Management and Budget (OMB) waived Table 2 and 3 SIP revisions (54 FR
2222) from the requirements of section 3 of Executive Order 12291 for a
period of 2 years. The USEPA has submitted a request for a permanent
waiver for Table 2 and 3 SIP revisions. OMB has agreed to continue the
waiver until such time as it rules on USEPA's request. This request
continues in effect under Executive Order 12866 which superseded
Executive Order 12291 on September 30, 1993.
Under the Regulatory Flexibility Act, 5 U.S.C. 600, 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. This SIP approval involves a monitoring network that will be
operated by the IEPA and does not impose any new regulatory
requirements on small businesses. Therefore, I certify that it does not
have a significant economic impact on any small entities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: February 9, 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
2. Section 52.726 is amended by adding paragraph (g) to read as
follows:
Sec. 52.726 Control strategy: Ozone.
* * * * *
(g) Approval--The Administrator approves the incorporation of the
photochemical assessment ambient monitoring system submitted by
Illinois on November 4, 1993 into the Illinois State Implementation
Plan. This submittal satisfies 40 CFR 58.20(f) which requires the State
to provide for the establishment and maintenance of photochemical
assessment monitoring stations (PAMS) by November 12, 1993.
[FR Doc. 94-4222 Filed 2-24-94; 8:45 am]
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