98-6091. Approval and Promulgation of Implementation Plan; Illinois Designation of Areas for Air Quality Planning Purposes; Illinois  

  • [Federal Register Volume 63, Number 47 (Wednesday, March 11, 1998)]
    [Rules and Regulations]
    [Pages 11842-11847]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-6091]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Parts 52 and 81
    
    [IL145-2a, IL152-2a; FRL-5958-3]
    
    
    Approval and Promulgation of Implementation Plan; Illinois 
    Designation of Areas for Air Quality Planning Purposes; Illinois
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: On November 14, 1995, May 9, 1996, June 14, 1996, February 3, 
    1997, and, October 16, 1997, the State of Illinois submitted State 
    Implementation Plan (SIP) revision requests to meet commitments related 
    to the conditional approval of Illinois' May 15, 1992, SIP submittal 
    for the Lake Calumet (SE Chicago), McCook, and Granite City, Illinois, 
    Particulate Matter (PM) nonattainment areas. The EPA is approving the 
    SIP revision request as it applies to the Granite City area, including 
    the attainment demonstration for the Granite City PM nonattainment 
    area. The SIP revision request corrects, for the Granite City PM 
    nonattainment area, all of the deficiencies of the May 15, 1992, 
    submittal (as discussed in the November 18, 1994, conditional approval 
    notice). No action is being taken on the submitted plan revisions for 
    the Lake Calumet and McCook areas at this time. They will be addressed 
    in separate rulemaking actions.
        On March 19, 1996, and October 15, 1996, Illinois submitted 
    requests to redesignate the Granite City PM nonattainment area to 
    attainment status for the PM National Ambient Air Quality Standards 
    (NAAQS). The EPA is approving this request, as well as the maintenance 
    plan for the Granite City area which was submitted with the 
    redesignation request to ensure continued attainment of the NAAQS.
    
    DATES: The ``direct final'' approval is effective on May 11, 1998, 
    unless EPA receives written adverse or critical comments by April 10, 
    1998. If the effective date is delayed, timely notice will be published 
    in the Federal Register.
    
    ADDRESSES: Copies of the revision request and EPA's analysis are 
    available for inspection at the following address: U.S. Environmental 
    Protection Agency, Region 5, Air and Radiation Division, 77 West 
    Jackson Boulevard, Chicago, Illinois 60604. (It is recommended that you 
    telephone David Pohlman at (312) 886-3299 before visiting the Region 5 
    Office.)
        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.
    
    FOR FURTHER INFORMATION CONTACT: David Pohlman at (312) 886-3299.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        Under section 107(d)(4)(B) of the Clean Air Act (Act), as amended 
    on November 15, 1990 (amended Act), certain areas (``initial areas'') 
    were designated nonattainment for PM. Under section 188 of the amended 
    Act these initial areas were classified as ``moderate''. The initial 
    areas included the Lake Calumet, McCook, and Granite City, Illinois, PM 
    nonattainment areas.
    
    [[Page 11843]]
    
    The Granite City area includes Granite City and Nameoki Townships in 
    Madison County, Illinois. (See 40 CFR 81.314 for a complete description 
    of these areas.) Section 189 of the amended Act requires State 
    submittal of a PM SIP for the initial areas by November 15, 1991. 
    Illinois submitted the required SIP revision for the Granite City, 
    Illinois, PM nonattainment area to EPA on May 15, 1992. Upon review of 
    Illinois' submittal, EPA identified several concerns. Illinois 
    submitted a letter on March 2, 1994, committing to satisfy all of these 
    concerns within one year of final conditional approval. On May 25, 
    1994, the EPA proposed to conditionally approve the SIP. Final 
    conditional approval was published on November 18, 1994, and became 
    effective on December 19, 1994. The final conditional approval allowed 
    the State until November 20, 1995 to correct the five stated 
    deficiencies:
        1. Invalid emissions inventory and attainment demonstration, due to 
    failure to include emissions from the roof monitors for the Basic 
    Oxygen Furnace shop (BOF) and underestimated emissions from the quench 
    tower at the Granite City Division of National Steel Corporation (GCD).
        2. Failure to adequately address maintenance of the PM NAAQS for at 
    least 3 years beyond the applicable attainment date.
        3. Lack of an opacity limit on coke oven combustion stacks.
        4. Lack of enforceable emissions limit for the electric arc furnace 
    roof vents at American Steel Foundries.
        5. The following enforceability concerns:
        a. Section 212.107, Measurement Methods for Visible Emissions could 
    be misinterpreted as requiring use of Method 22 for sources subject to 
    opacity limits as well as sources subject to limits on detectability of 
    visible emissions.
        b. Inconsistencies in the measurement methods for opacity, visible 
    emissions, and ``PM'' in section 212.110, 212.107, 212.108, and 
    212.109.
        c. Language in several rules which exempts from mass emissions 
    limits those sources having no visible emissions.
        The Illinois Environmental Protection Agency (IEPA) held a public 
    hearing on the proposed rules on January 5, 1996. The rules became 
    effective at the State level on May 22, 1996, and were published in the 
    Illinois Register on June 7, 1996. Illinois made submittals to meet the 
    commitments related to the conditional approval on November 14, 1995, 
    May 9, 1996, June 14, 1996, February 3, 1997, and October 16, 1997. At 
    this time, the EPA is only acting on the portions of those submittals 
    that pertain to the Granite City PM nonattainment area conditional 
    approval, including the following new or revised rules in 35 Ill. Adm. 
    Code:
    
    Part 212: Visible and Particulate Matter Emissions
    
    Subpart A: General
    
    212.107  Measurement Method for Visible Emissions
    212.108  Measurement Methods for PM-10 Emissions and Condensible PM-
    10 Emissions
    212.109  Measurement Methods for Opacity
    212.110  Measurement Methods for Particulate Matter
    
    Subpart K: Fugitive Particulate Matter
    
    212.302  Geographic Areas of Application
    
    Subpart L: Particulate Matter Emissions
    
    212.324  Process Emission Units in Certain Areas
    
    Subpart N: Food Manufacturing
    
    212.362  Emission Units in Certain Areas
    
    Subpart O: Stone, Clay, Glass and Concrete Manufacturing
    
    212.425  Emission Units in Certain Areas
    
    Subpart R: Primary and Fabricated Metal Products and Machinery 
    Manufacture
    
    212.446  Basic Oxygen Furnaces
    212.458  Emission Units in Certain Areas
    
    Subpart S: Agriculture
    
    212.464  Sources in Certain Areas
    
        In addition to the rule changes needed to meet the commitments 
    imposed on Illinois in the conditional approval, Illinois submitted 
    other revised rules. Rules submitted, but not listed above, will be 
    addressed in future rulemaking actions.
        On July 22, 1997, the EPA proposed limited approval, limited 
    disapproval of the SIP revision request submitted by Illinois to meet 
    the conditions of the May 18, 1994, conditional approval requirements. 
    In the July 22, 1997, proposal, the EPA stated that Illinois had met 
    all of the conditional approval requirements except for the requirement 
    to provide an enforceable opacity limit for coke oven combustion 
    stacks. In an October 16, 1997, letter, Illinois submitted a revised 
    construction and operating permit for GCD. The Federally-enforceable 
    permit includes a 30 percent opacity limit, and states that coke oven 
    combustion stacks at GCD are not covered by the repair opacity 
    exemption in 35 IAC 212.443(g)(2).
        The only other comment received by the EPA on the July 22, 1997, 
    proposal was an October 17, 1997, letter from GCD, in support of 
    Illinois' October 16, 1997, submittal.
        Title I, section 107(d)(3)(D) of the amended Act and the general 
    preamble to Title I [57 FR 13498 (April 16, 1992)], allow the Governor 
    of a State to request the redesignation of an area from nonattainment 
    to attainment. The criteria used to review redesignation requests are 
    derived from the Act, general preamble, and the following policy and 
    guidance memoranda from the Director of the Air Quality Management 
    Division to the Regional Air Directors, September 4, 1992, Procedures 
    for Processing Requests to Redesignate Areas to Attainment. An area can 
    be redesignated to attainment if the following conditions are met:
        1. The area has attained the applicable NAAQS;
        2. The area has a fully approved SIP under section 110(k) of the 
    Act;
        3. The air quality improvement must be permanent and enforceable;
        4. The area has met all relevant requirements under section 110 and 
    Part D of the Act; and,
        5. The area must have a fully approved maintenance plan pursuant to 
    section 175A of the Act.
        On July 22, 1997, the EPA proposed to disapprove Illinois request 
    to redesignate the Granite City PM nonattainment area to attainment 
    based on the fact that the area did not have a fully approved SIP. 
    Based on Illinois' October 16, 1997, submittal, the EPA is now fully 
    approving the SIP for the Granite City area, as well as the 
    redesignation request and maintenance plan.
    
    II. Analysis of State Submittal
    
        Only the issue involving the coke oven combustion stacks and the 
    redesignation criteria will be discussed in this notice. For a 
    discussion of how Illinois addressed the other noted deficiencies, see 
    the July 22, 1997, proposed partial approval notice (62 FR 39199).
        Because coke oven operations are generally covered by special 
    opacity limits, Illinois' SIP exempts coke oven sources from the 
    statewide 30 percent opacity limit. This State exemption was approved 
    by EPA on September 3, 1981. It was later realized that this exemption 
    left coke oven combustion stacks without an opacity limit. Coke oven 
    combustion stacks in Illinois are subject to grain loading limits which 
    require stack tests for compliance determinations. Because stack tests 
    can take months to perform and only last a few hours, an opacity limit, 
    for which compliance can be determined by visual observations, is 
    needed to ensure continuous compliance. This deficiency was cited in 
    the November 18, 1994,
    
    [[Page 11844]]
    
    conditional approval of Illinois' PM nonattainment area SIP submittal.
        In response to the conditional approval of Illinois' PM plan, the 
    State adopted a 30 percent opacity limit for coke oven combustion 
    stacks. However, this rule also includes an exemption for ``when a leak 
    between any coke oven and the oven's vertical or crossover flue(s) is 
    being repaired * * *'' for up to 3 hours per repair. The EPA believes 
    this rule is unacceptable. (See 62 FR 39199.)
        In an October 16, 1997, letter, Illinois submitted a revised 
    construction and operating permit for GCD. The permit, which was issued 
    on October 21, 1997, includes a 30 percent opacity limit, and states 
    that coke oven combustion stacks at GCD are not covered by the repair 
    opacity exemption in 35 IAC 212.443(g)(2). GCD is the only source in 
    the Granite City nonattainment area which would have been covered by 
    the repair exemption, and this permit eliminates the exemption for GCD. 
    Since there are now no coke oven combustion stacks in the nonattainment 
    area without enforceable opacity limits, this deficiency has been 
    corrected for the Granite City nonattainment area. The issue of the 
    repair exemption rule as it applies to the remainder of the State will 
    be addressed in subsequent rulemaking actions.
        Under cover letters dated March 19, 1996, and October 15, 1996, the 
    State submitted a redesignation request for the Granite City PM 
    nonattainment area. A public hearing was held on May 6, 1996.
        All five of the redesignation criteria given under section 
    107(d)(3)(E) of the Clean Air Act must be satisfied in order for the 
    EPA to redesignate an area from nonattainment to attainment. (See the 
    Background section of this notice.) The following is a description of 
    how the State's redesignation request meets these requirements.
    
    1. Attainment of the PM NAAQS
    
        According to EPA guidance, the demonstration that the area has 
    attained the PM NAAQS involves submittal of ambient air quality data 
    from an ambient air monitoring network representing peak PM 
    concentrations, which should be recorded in the Aerometric Information 
    Retrieval System (AIRS). The area must show that the average annual 
    number of expected exceedances of the 24-hour PM standard is less than 
    or equal to 1.0, and that the annual arithmetic mean concentration is 
    less than or equal to 50 micrograms per cubic meter, pursuant to 40 CFR 
    Part 50, section 50.6. The data must represent the most recent three 
    consecutive years of complete ambient air quality monitoring data 
    collected in accordance with EPA methodologies.
        The IEPA operates four PM monitoring sites in the nonattainment 
    area. Illinois submitted ambient air quality data from the monitoring 
    sites which demonstrates that the area has attained the PM NAAQS. This 
    air quality data was verified in AIRS. Quality assurance procedures are 
    a component of the AIRS data entry process. No exceedance of the 24-
    hour or annual PM NAAQS has been measured since 1990. Therefore, the 
    State has adequately demonstrated, through ambient air quality data, 
    that the PM NAAQS have been attained in the Granite City PM 
    nonattainment area.
    
    2. State Implementation Plan Approval
    
        Those States containing initial moderate PM nonattainment areas 
    were required to submit a SIP by November 15, 1991, which implemented 
    reasonably available control measures (RACM) by December 10, 1993, and 
    demonstrated attainment of the PM NAAQS by December 31, 1994. Illinois 
    submitted the required SIP revision for the Granite City PM 
    nonattainment areas to EPA on May 15, 1992. On May 25, 1994, the EPA 
    proposed to conditionally approve the SIP. Final conditional approval 
    was published on November 18, 1994, and became effective on December 
    19, 1994. The final conditional approval allowed the State until 
    November 20, 1995, to correct five stated deficiencies. Illinois made 
    submittals to meet the commitments related to the conditional approval 
    on November 14, 1995, May 9, 1996, June 14, 1996, February 3, 1997, and 
    October 16, 1997. On July 22, 1997, the EPA proposed limited approval, 
    limited disapproval of the SIP revision request submitted by Illinois 
    to meet the conditions of the May 18, 1994, conditional approval 
    requirements. In an October 16, 1997, letter, Illinois submitted a 
    revised construction and operating permit for GCD. This permit 
    corrected the final deficiency, and the EPA is, in this notice, fully 
    approving the SIP for the Granite City PM nonattainment area.
    
    3. Improvement in Air Quality Due to Permanent and Enforceable Measures
    
        The State must be able to reasonably attribute the improvement in 
    air quality to permanent and enforceable emission reductions. In making 
    this showing, the State must demonstrate that air quality improvements 
    are the result of actual enforceable emission reductions.
        The PM dispersion modeling conducted as part of the Granite City PM 
    SIP predicted that the control measures included in the SIP were 
    sufficient to provide for attainment and maintenance of the PM NAAQS. 
    The State has adequately demonstrated that the improvement in air 
    quality is due to permanent and enforceable emission reductions of PM 
    as a result of implementing the federally enforceable control measures 
    in the SIP.
    
    4. Meeting Applicable Requirements of Section 110 and Part D of the Act
    
        To be redesignated to attainment, section 107(d)(3)(E) requires 
    that an area must have met all applicable requirements of section 110 
    and part D of title I of the Act. The EPA interprets this to mean that 
    for a redesignation request to be approved, the State must have met all 
    requirements that applied to the subject area prior to or at the time 
    of a complete redesignation request.
    A. Section 110 Requirements
        Section 110(a)(2) contains general requirements for nonattainment 
    plans. For purposes of redesignation, the Illinois SIP was reviewed to 
    ensure that all applicable requirements under the amended Act were 
    satisfied. Many of these requirements were met with Illinois' May 15, 
    1992 submittal. The EPA proposed conditional approval of the SIP at 
    that time because certain requirements had not been met. With the 
    November 14, 1995, May 9, 1996, June 14, 1996, February 3, 1997, and 
    October 16, 1997, submittals Illinois has corrected the deficiencies in 
    the May 15, 1992 submittal, and the EPA is, in this notice, fully 
    approving the Granite City PM SIP under Section 110.
    B. Part D Requirements
        Before a PM nonattainment area may be redesignated to attainment, 
    the State must have fulfilled the applicable requirements of part D. 
    Subpart 1 of part D establishes the general requirements applicable to 
    all nonattainment areas and subpart 4 of part D establishes specific 
    requirements applicable to PM nonattainment areas.
        The requirements of sections 172(c) and 189(a) for providing for 
    attainment of the PM NAAQS, and the requirements of section 172(c) for 
    requiring reasonable further progress, imposition of RACM, the adoption 
    of contingency measures, and the submission of an emission inventory 
    have been satisfied through today's direct final approval of the 
    Granite City PM SIP, the July 13, 1995, approval of the Illinois PM 
    contingency measures SIP (60 FR 36060), and the demonstration that the 
    area is now attaining the standard. The
    
    [[Page 11845]]
    
    requirements of the Part D--New Source Review (NSR) permit program will 
    be replaced by the Part C--Prevention of Significant Deterioration 
    (PSD) program once the area has been redesignated. However, in order to 
    ensure that the PSD program will become fully effective immediately 
    upon redesignation, either the State must be delegated the Federal PSD 
    program or the State must make any needed modifications to its rules to 
    have the approved PSD program apply to the affected area upon 
    redesignation. The PSD program was delegated to the State of Illinois 
    on January 29, 1981 (46 FR 9584).
    
    5. Fully Approved Maintenance Plan Under Section 175A of the Act
    
        Section 175A of the Act requires states that submit a redesignation 
    request for a nonattainment area under section 107(d) to include a 
    maintenance plan to ensure that the attainment of the NAAQS for any 
    pollutant is maintained. The plan must demonstrate continued attainment 
    of the applicable NAAQS for at least ten years after the approval of a 
    redesignation to attainment. Eight years after the redesignation, the 
    State must submit a revised maintenance plan demonstrating attainment 
    for the ten years following the initial ten year period.
        The State of Illinois adequately demonstrated attainment and 
    maintenance of the PM NAAQS through the dispersion modeling submitted 
    as part of the SIP. Since emissions in the area are not expected to 
    increase substantially in the next 10 years, that initial attainment 
    demonstration is still adequate. Also, the State has indicated that 
    industries in the area are currently operating at about 30 percent of 
    the emissions allowed under their SIP, so even if production should 
    increase, emissions would likely not exceed the amounts used to 
    demonstrate attainment of the NAAQS. Also, emissions from any new 
    sources would be restricted by PSD requirements.
        Once an area has been redesignated, the State must continue to 
    operate an appropriate air quality monitoring network, in accordance 
    with 40 CFR Part 58, to verify the attainment status of the area. The 
    maintenance plan should contain provisions for continued operation of 
    air quality monitors that will provide such verification. Illinois 
    operates four PM air monitoring sites in the nonattainment area. These 
    sites are approved annually by the EPA, and any future change would 
    require discussion with EPA. In its submittal, the State commits to 
    continue to operate the PM monitoring station to demonstrate ongoing 
    compliance with the PM NAAQS.
        Section 175A of the Act also requires that a maintenance plan 
    include contingency provisions, as necessary, to promptly correct any 
    violation of the NAAQS that occurs after redesignation of the area. 
    These contingency measures are distinguished from those generally 
    required for nonattainment areas under section 172(c)(9). However, if 
    the contingency measures in a nonattainment SIP have not been 
    implemented to attain the standards and they include a requirement that 
    the State will implement all of the PM control measures which were 
    contained in the SIP before redesignation to attainment, then they can 
    be carried over into the area's maintenance plan.
        Under a cover letter dated July 29, 1994, IEPA submitted a State 
    Rule to satisfy the contingency measures requirements specified in 
    section 172(c)(9) for the Granite City PM nonattainment area, among 
    others. This rule is eligible to also be used as the section 175A 
    contingency measures, because the State was able to attain the PM NAAQS 
    with the limitations and control measures already contained in the SIP. 
    On July 13, 1995, the EPA approved the rule into the Illinois SIP in a 
    direct final rulemaking (60 FR 36060), which became effective on 
    September 11, 1995.
        Section 179(a) of the amended Act states that if the Administrator 
    finds that a State has failed to make a required submission, finds that 
    a SIP or SIP revision submitted by the State does not satisfy the 
    minimum criteria established under section 110(k) of the amended Act, 
    or disapproves a SIP submission in whole or in part, unless the 
    deficiency has been corrected within 18 months after the finding, one 
    of the sanctions referred to in section 179(b) of the amended Act shall 
    apply until the Administrator determines that the State has come into 
    compliance. (Pursuant to 40 CFR 52.31, the first sanction shall be a 
    sanction requiring 2 to 1 offsets, in the absence of a case-specific 
    selection otherwise.) If the deficiency has not been corrected within 6 
    months of the selection of the first sanction, the second sanction 
    under section 179(b) shall also apply. In addition, section 110(c) of 
    the Act requires promulgation of a Federal Implementation Plan (FIP) 
    within 2 years after the finding or disapproval, as discussed above, 
    unless the State corrects the deficiency and the SIP is approved before 
    the FIP is promulgated.
        On December 17, 1991, a letter was sent to the Governor of Illinois 
    notifying him that the EPA was making a finding that the State of 
    Illinois had failed to submit a PM SIP for the Granite City 
    nonattainment area. This letter triggered both the sanctions and FIP 
    processes as explained above. Illinois submitted a PM SIP revision for 
    the nonattainment area on May 15, 1992, and in an April 30, 1993, 
    letter to the State the EPA informed the State that the SIP was 
    determined to be complete. Therefore, the deficiency which started the 
    sanctions and FIP processes was corrected, and the sanctions process 
    ended. The FIP process, however, was not stopped by the correction of 
    the deficiency and EPA was to promulgate a FIP within 2 years of the 
    failure-to-submit letter (or December 17, 1993), unless a PM SIP for 
    the nonattainment area was finally approved before then.
        On November 18, 1994, the EPA conditionally approved the SIP. The 
    final conditional approval allowed the State until November 20, 1995, 
    to correct the five stated deficiencies. Conditional approval does not 
    start a new sanctions process, unless the state fails to make a 
    submittal to address the deficiencies, makes an incomplete submittal, 
    or the submittal is ultimately disapproved. Illinois made a submittal 
    to meet the commitments related to the conditional approval on November 
    14, 1995. Supplemental information was submitted on May 9, 1996, June 
    14, 1996, February 3, 1997, and October 16, 1997. This submittal became 
    complete by operation of law on May 14, 1996. No sanctions process is 
    currently running. Upon full approval of the Granite City PM plan, FIP 
    liability will also end.
    
    III. Final Rulemaking Action
    
        Illinois has corrected all of the deficiencies listed in the 
    November 18, 1994, conditional approval as they relate to the Granite 
    City PM nonattainment area. Because Illinois has met all of the 
    commitments of the conditional approval, the EPA is approving the plan 
    for the Granite City PM nonattainment area.
        The EPA is also approving Illinois' March 19, 1996, and October 15, 
    1996, maintenance plan and request to redesignate the Granite City area 
    to attainment for PM because all requirements for redesignation have 
    been met, as discussed above.
        The EPA is publishing this action without prior proposal because 
    EPA views this as a noncontroversial revision and anticipates no 
    adverse comments. However, in a separate document in this Federal 
    Register publication, the EPA is proposing to approve the SIP revisions 
    should written adverse or critical comments be filed. This action will 
    be effective on
    
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    May 11, 1998 unless, by April 10, 1998, adverse or critical written 
    comments are received.
        If the EPA receives such comments, this action will be withdrawn 
    before the effective date by publishing a subsequent rulemaking that 
    will withdraw the final action. All public comments received will be 
    addressed in a subsequent final rule based on this action serving as a 
    proposed rule. The EPA will not institute a second comment period on 
    this action. 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 May 11, 1998.
        Nothing in this action should be construed as permitting, allowing 
    or establishing a precedent for any future request for revision to any 
    SIP. Each request for revision to the SIP shall be considered 
    separately in light of specific technical, economic, and environmental 
    factors and in relation to relevant statutory and regulatory 
    requirements.
    
    IV. Administrative Requirements
    
    A. Executive Order 12866
    
        The Office of Management and Budget has exempted this regulatory 
    action from Executive Order 12866 review.
    
    B. Regulatory Flexibility Act
    
        Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
    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, EPA 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.
        Pursuant to section 605(b) of the Regulatory Flexibility Act, I 
    certify that this rule will not have a significant economic impact on a 
    substantial number of small entities. This Federal action approves pre-
    existing requirements under federal, State or local law, and imposes no 
    new requirements on any entity affected by this rule, including small 
    entities. Therefore, these amendments will not have a significant 
    impact on a substantial number of small entities.
    
    C. Unfunded Mandates
    
        Under Section 202 of the Unfunded Mandates Reform Act of 1995, 
    signed into law on March 22, 1995, EPA must undertake various actions 
    in association with 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. 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 the private 
    sector, result from this action.
    
    D. Submission to Congress and the General Accounting Office
    
        Under 5 U.S.C. 801(a)(1)(a), as amended by the Small Business 
    Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
    General Accounting Office prior to publication of the rule in today's 
    Federal Register. This rule is not a ``major rule'' as defined by 5 
    U.S.C. 804(2).
    
    E. 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 May 11, 1998. 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), 42 
    U.S.C. 7607(b)(2)).
    
    List of Subjects
    
    40 CFR Part 52
    
        Environmental protection, Air pollution control, Incorporation by 
    reference, Intergovernmental relations, Particulate matter, Reporting 
    and recordkeeping requirements.
    
    40 CFR Part 81
    
        Air Pollution control, National parks, Wilderness areas.
    
        Dated: January 16, 1998.
    David A. Ullrich,
    Acting Regional Administrator.
    
        For the reasons set out in the preamble, 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)(141) to read 
    as follows:
    
    
    Sec. 52.720  Identification of plan.
    
    * * * * *
        (c) * * *
        (141) On November 14, 1995, May 9, 1996, June 14, 1996, and 
    February 3, 1997, October 16, 1997, and October 21, 1997, the State of 
    Illinois submitted State Implementation Plan (SIP) revision requests to 
    meet commitments related to the conditional approval of Illinois' May 
    15, 1992, SIP submittal for the Lake Calumet (SE Chicago), McCook, and 
    Granite City, Illinois, Particulate Matter (PM) nonattainment areas. 
    The EPA is approving the portion of the SIP revision request that 
    applies to the Granite City area. The SIP revision request corrects, 
    for the Granite City PM nonattainment area, all of the deficiencies of 
    the May 15, 1992, submittal.
        (i) Incorporation by reference. (A) Illinois Administrative Code 
    Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 
    1: Pollution Control Board, Subchapter c: Emission Standards and 
    Limitations for Stationary Sources, Part 212: Visible and Particulate 
    Matter Emissions, Subpart A: General, Sections 212.107, 212.108, 
    212.109, 212.110; Subpart L: Particulate Matter from Process Emission 
    Sources, Section 212.324; Subpart N: Food Manufacturing, Section 
    212.362; Subpart Q: Stone, Clay, Glass and Concrete Manufacturing, 
    Section 212.425; Subpart R: Primary and Fabricated Metal Products and 
    Machinery Manufacture, Sections 212.446, 212.458; Subpart S: 
    Agriculture, Section 212.464. Adopted at 20 Illinois Register 7605, 
    effective May 22, 1996.
        (B) Joint Construction and Operating Permit: Application Number 
    95010005, Issued on October 21, 1997, to Granite City Division of 
    National Steel Corporation.
        3. Section 52.725 is amended by adding paragraph (e) to read as 
    follows:
    
    
    Sec. 52.725  Control Strategy: Particulates.
    
    * * * * *
        (e) Approval--On March 19, 1996, and October 15, 1996, Illinois 
    submitted requests to redesignate the Granite City Particulate Matter 
    (PM) nonattainment area to attainment status for the PM National 
    Ambient Air Quality Standards (NAAQS), as well as a maintenance plan 
    for the Granite City area to ensure continued attainment of the NAAQS.
    
    [[Page 11847]]
    
    The redesignation request and maintenance plan satisfy all applicable 
    requirements of the Clean Air Act.
    
    PART 81--[AMENDED]
    
        1. The authority citation for part 81 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671q.
    
        2. In Sec. 81.314, the table entitled ``Illinois PM-10'' is amended 
    by revising the entry for ``Madison County'' to read as follows:
    
    
    Sec. 81.314  Illinois.
    
    * * * * *
    
                                                                         Illinois--PM-10                                                                    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Designation                                           Classification                    
                 Designated area             ---------------------------------------------------------------------------------------------------------------
                                                  Date                        Type                        Date                        Type                  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                            
                     *                  *                  *                    *                    *                  *                  *                
    Madison County Granite City Township and      5/11/98  Attainment...............................  ...........  .........................................
     Nameoki Township.                                                                                                                                      
                                                                                                                                                            
                     *                  *                  *                    *                    *                  *                  *                
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    * * * * *
    [FR Doc. 98-6091 Filed 3-10-98; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
5/11/1998
Published:
03/11/1998
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
98-6091
Dates:
The ``direct final'' approval is effective on May 11, 1998, unless EPA receives written adverse or critical comments by April 10, 1998. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
11842-11847 (6 pages)
Docket Numbers:
IL145-2a, IL152-2a, FRL-5958-3
PDF File:
98-6091.pdf
CFR: (2)
35 CFR 81.314
40 CFR 52.720