[Federal Register Volume 60, Number 64 (Tuesday, April 4, 1995)]
[Rules and Regulations]
[Pages 16996-17001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8213]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[IL116-1-6792a; FRL-5182-3]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of Illinois
AGENCY: Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: The USEPA is approving a November 10, 1994 State
Implementation Plan (SIP) revision request to redesignate two sulfur
dioxide (SO2) nonattainment areas in the State of Illinois to
attainment and approving the accompanying maintenance plans as SIP
revisions because they satisfy the requirements of the Clean Air Act
(Act). The redesignation requests and maintenance plans were submitted
by the Illinois Environmental Protection Agency (IEPA) for the
following SO2 nonattainment areas: Peoria County (Hollis and
Peoria Townships) and Tazewell County (Groveland Township). The
redesignation requests are based on ambient monitoring data and
modeling demonstrations that show no violations of the SO2
National Ambient Air Quality Standard (NAAQS). In the proposed rules
section of this Federal Register, USEPA is proposing approval of and
soliciting public comments on these requested redesignations and SIP
revisions. If adverse comments are received on this direct final rule,
USEPA will withdraw this final rule and address these comments in a
final rule on the related proposed rule which is being published in the
proposed rules section of this Federal Register. Adverse comments
received concerning a specific geographic area, Peoria or Tazewell
Counties, will only affect this final rule as it pertains to that area
and only the portion of this final rule concerning the area receiving
adverse comments will be withdrawn.
DATES: This final rule is effective June 5, 1995, unless notice is
received by May 4, 1995, that someone wishes to submit adverse
comments. If the effective date is delayed, timely notice will be
published in the Federal Register.
ADDRESSES: Copies of the SIP revision and USEPA's analyses are
available for inspection at the following address: (It is recommended
that you telephone Fayette Bright at (312) 886-6069 before visiting the
Region 5 Office.) United States Environmental Protection Agency, Region
5, Air and Radiation [[Page 16997]] Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Written comments can be mailed to: J. Elmer Bortzer, Chief,
Regulation Development Section (AR-18J), Regulation Development Branch,
Air and Radiation Division, United States Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT:
Fayette Bright, Regulation Development Section (AR-18J), Regulation
Development Branch, Air and Radiation Division, United States
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, Telephone Number (312) 886-6069.
SUPPLEMENTARY INFORMATION:
I. Background
The redesignation requests and maintenance plans considered in this
rulemaking were submitted by IEPA on November 10, 1994 for the
following SO2 nonattainment areas: Peoria County (Hollis and
Peoria Townships) and Tazewell County (Groveland Township). The
following discussion represents a historical summary of Illinois'
SO2 SIP.
On March 3, 1978 (43 FR 8962), ten townships in Peoria and Tazewell
Counties in Illinois were designated by USEPA as not in attainment of
the primary SO2 NAAQS. The determination, which included Hollis
and Peoria Townships in Peoria County and Groveland Township in
Tazewell County, was based on monitoring data furnished to USEPA by
IEPA, and was to have included the entirety of both counties. However,
an accompanying IEPA dispersion modeling demonstration justified
limiting the nonattainment designation to ten townships.
Further, on January 30, 1980 (45 FR 6786) as a result of IEPA
dispersion modeling studies, all ten townships were also designated as
not in attainment of the secondary SO2 NAAQS. Nine of these
townships continued to be designated as not in attainment of the
primary NAAQS.
Even before the 1978 nonattainment designation, Illinois had
adopted regulations to control SO2 emissions in the Peoria area;
however, a 1974 decision of an Illinois Appellate Court invalidated
Illinois' SO2 emissions limitations for coal-fired boilers. Such
boilers account for over ninety-five percent of the area's SO2
emissions. Also, in 1977, the Illinois Air Pollution Control Board
(Board) revalidated the SO2 emission limitations for coal-fired
boilers; however, the revalidations were also determined to be invalid
by an Illinois Court, (Ashland Chemical vs. Illinois Pollution Control
Board, 64 Ill. App. 3rd 169, 381 N.E. 2nd 56 (3d District. 1978)).
On March 28, 1983, most of the emission limits pertaining to Peoria
were revalidated by the Board. These Board regulations were submitted
to USEPA and incorporated into the Illinois SO2 SIP on August 8,
1984 (49 FR 31685 and 49 FR 31587). This SIP revision redesignated all
Peoria area Townships except Groveland, Hollis, and Peoria Townships to
attainment for SO2. (Hollis Township is classified as
nonattainment of the primary and secondary standards).
On June 9, 1986, IEPA submitted Final Order R84-28 (35 Illinois
Administrative Code 214 (35 IAC 214); Sulfur Limitations) as a SIP
revision request revising the SO2 emission limits for the
remaining solid fuel emission sources in the Peoria and Tazewell areas.
The SIP revision request could not be approved until the enforcement
deficiencies were corrected. However, due to USEPA's approval of 35 IAC
214; Measurement Methods for the Emission of Sulfur Compounds dated
June 26, 1992 (57 FR 28617), the enforcement deficiencies previously
identified by USEPA were corrected. On September 2, 1992 (57 FR 40126),
USEPA approved the June 9, 1986 SIP revision request completing the
State's part D plan for the Peoria and Tazewell areas.
The State's part D plan as required by the Act must contain
adequate provisions prohibiting any source or other type of emissions
activity within the State from emitting any air pollutant in amounts
which will contribute significantly to nonattainment, or interfere with
the maintenance of the NAAQS. Illinois' SIP includes a compliance test
methodology which allows most sources to demonstrate compliance with
their emission limits through either a stack test or a 2 month average
of the sulfur content of their fuel supply.
II. USEPA Redesignation Policy
The Act's requirements for redesignation to attainment are
contained in section 107(d)(3)(E) of the Act, and discussed in a
September 4, 1992, memorandum from the Director of the Air Quality
Management Division, Office of Air Quality Planning and Standards, to
Directors of Regional Air Divisions.
As outlined in this memorandum, section 107(d)(3)(E) of the Act
requires that the following conditions be met for redesignation to
attainment:
1. The USEPA must determine that the areas subject to the
redesignation request have attained the NAAQS;
2. The USEPA must have fully approved the applicable SIP for the
areas under section 110(k) of the Act;
3. The USEPA must determine that the improvements in air quality
are due to permanent and enforceable reductions in emissions resulting
from the implementation of the applicable SIP, Federal air pollution
control regulations, and other federally enforceable emission
reductions;
4. The USEPA must have fully approved maintenance plans for the
areas as meeting the requirements of section 175A of the Act. Section
175A of the Act sets forth the maintenance plan requirements for areas
seeking redesignation from nonattainment to attainment. The plan must
demonstrate continued attainment of the applicable NAAQS for at least
ten years after the area is redesignated. Eight years after the
redesignation the State must submit a revised maintenance plan which
demonstrates attainment for the ten years following the initial ten-
year maintenance period. To provide for the possibility of future NAAQS
violations, the maintenance plan must contain contingency provisions
that are adequate to assure prompt correction of air quality problems
that might develop; and,
5. The State must have met all requirements applicable to the areas
under section 110 and part D of the Act.
III. Summary of State Submittal
The following discussion addresses Illinois' redesignation request
for Peoria and Tazewell counties, how the State met the five Act
requirements in section 107(d)(3)(E) listed above, and a more detailed
discussion of USEPA policy.
A. Attainment of the NAAQS
USEPA has determined that the Peoria and Tazewell areas have
attained the SO2 NAAQS. The modeling analysis submitted by the
state along with the SIP revision that USEPA approved on September 4,
1992, demonstrated attainment of the SO2 NAAQS through air
dispersion modeling. In addition to the modeled attainment
demonstration, ambient air monitoring data shows that no violations
have occurred since 1977 in Peoria and Tazewell Counties.
USEPA redesignation policy requires that at least eight consecutive
quarters with no violations be achieved before an area can be
redesignated to attainment. For SO2, an area must show no more
than one exceedance annually.
The most recent violation of any SO2 standard in the Peoria
and Tazewell [[Page 16998]] areas occurred in 1977, 1988 was the most
recent year in which a single exceedance of SO2 occurred. This
exceedance occurred at the monitoring station located at 272 Derby
Street in Pekin in Tazewell County. Inasmuch as the area's other
monitoring station, at Hurlburt and MacArthur Streets in Peoria, has no
recorded exceedances or violations of the primary or secondary SO2
NAAQS, Illinois has met the above requirement.
B. Fully Approved SIP
The SIP for the area must be fully approved under section 110(k) of
the Act and must satisfy all requirements that apply to the area. These
requirements include new requirements added by the 1990 Act amendments.
The State must meet all requirements of section 110 and part D of the
Act that were applicable prior to the submittal of the complete,
finally adopted redesignation request. (It should be noted that, based
on section 175A of the Act, other requirements of part D of the Act
remain in effect until the USEPA approves the maintenance plan and the
redesignation to attainment). A SIP which meets the pre-redesignation
request submittal requirements (the State's nonattainment SIP) must be
fully approved by the USEPA prior to USEPA's approval of the
redesignation of the area to attainment of the NAAQS. The requirements
of Title I of the Act, which includes section 110 and part D of the
Act, are discussed in the General Preamble to Title I (57 FR 13498,
April 16, 1992).
On May 31, 1972 (37 FR 10861), USEPA approved Illinois SO2
Rule 204(c)(1)(A), which established a 1.8 lbs (pounds SO2 per
million British Thermal Units)/MMBTU emission limit for existing fuel
combustion sources in the Peoria, East St. Louis, and Chicago major
metropolitan areas. This rule was to serve as the State's part D SIP
control strategy for the Peoria and Tazewell nonattainment areas.
However, Rule 204(c)(1)(A) was invalidated by the Illinois Appellate
Court on September 27, 1978. Through several SIP actions (see 47 FR
9479--March 5, 1983: 49 FR 31412, August 7, 1984; and 49 FR 31687,
August 8, 1984), SO2 emission limits have been reestablished for
all sources in the Peoria area with the exception of six boilers.
On June 9, 1986, the State submitted Final Order R84-28 which
revised emission limits contained in Part 214 Subpart C. The State
submittal satisfied an outstanding condition related to federal
approval of Illinois' part D SO2 SIP for the Peoria and Tazewell
nonattainment areas which reestablished emission limits for the
remaining six sources mentioned above. As previously discussed, USEPA
took rulemaking action on this SIP revision request on September 2,
1992 (57 FR 40126). This action was taken in light of the USEPA
approval of a SIP revision request from IEPA revising the State's
compliance methodology which satisfactorily corrected several defects
in the 1972 SIP. The part D plan for the Peoria and Tazewell SO2
nonattainment areas is now considered by USEPA to be complete and has
been fully approved.
C. Permanent and Enforceable Air Quality Improvement
The State must be able to reasonably attribute the improvement in
air quality to emission reductions which are permanent and enforceable.
Implementation of SO2 emission controls in the Peoria and
Tazewell areas which are contained in Illinois' part D SO2 SIP has
led to permanent, enforceable emission reductions in the ambient
SO2 levels in the Peoria and Tazewell areas. In addition, there
are three source closures in Peoria County: Westinghouse Air Brake
(WABCO); Celotex; and Midland Coal Mine. Although Bemis Company (Peoria
County) is still operating, this source no longer emits SO2; it
only emits volatile organic compounds. Cilco-Wallace Station in
Tazewell County has also closed. These sources can only be reopened
under the State's Prevention of Significant Deterioration (PSD) program
and the State must demonstrate that the sources will not violate the
SO2 NAAQS. Although there is a possibility that Midland Coal Mine
may reopen, there will be no increase, in SO2 emissions.
Actual SO2 emissions in 1993 from point sources remained at
less than twenty-three percent of the allowable emissions that were
modeled in the attainment demonstration in the 1986 Illinois SIP
submittal. The 1986 attainment demonstration and SIP revision showed
that, if SO2 emissions were low enough to meet the 24-hour primary
attainment standard in both Peoria and Tazewell Counties, the 3-hour
secondary standards as well as the annual primary standards would also
be maintained.
In addition, there has been an overall reduction of thirty-two
percent in allowable SO2 emissions at the four Caterpillar plants
attributable to the shut-down of various emission units. Thus, the
emission reductions achieved are the result of the above mentioned
federally enforceable rules and permanent source closures.
D. A Fully Approved Maintenance Plan
Section 175A of the Act sets forth the maintenance plan
requirements for areas seeking redesignation from nonattainment to
attainment. The plan must demonstrate continued attainment of the
applicable NAAQS for at least ten years after the area is redesignated.
Eight years after the redesignation, the State must submit a revised
maintenance plan which demonstrates attainment for the ten years
following the initial ten-year maintenance period. To provide for the
possibility of future NAAQS violations, the maintenance plan must
contain contingency provisions that are adequate to assure prompt
correction of air quality problems that might develop.
There are five provisions that USEPA believes need to be considered
in an acceptable maintenance plan. The following is a description of
how the State's request has fulfilled each of these five requirements.
1. Attainment Inventory
The State is required to develop an attainment inventory to
identify the level of emissions in the area at the time of attainment.
The plan submitted by IEPA lists the actual emissions for the thirteen
sources emitting 25 tons/year or more of SO2 in the Peoria and
Tazewell areas for 1989 through 1993. As previously discussed, the
actual emissions in 1993 from point sources remained at less than
twenty-three percent of the allowable emissions that were modeled in
the attainment demonstration in the 1986 Illinois SIP revision request.
Further, actual emissions may decrease even more significantly
should implementation of the Title IV, Act Acid Deposition Control
Program reductions be employed by Commonwealth Edison at its Powerton
electric generating station and by Central Illinois Light Company at
its Edwards Station. Even small percentage reductions at these stations
will result in large overall percentage reductions, as the two stations
account for approximately sixty-eight percent of the nonattainment
area's SO2 emissions from stationary sources.
2. Maintenance Demonstration
The State is required to demonstrate future maintenance of the
NAAQS by either showing that (a) future emissions of a pollutant or its
precursors will not exceed the level of the attainment inventory or (b)
by modeling, that the future mix of sources and emission rates will not
cause a violation of the NAAQS. This demonstration will
[[Page 16999]] require the State to project emissions for the 10 year
period following the redesignation.
Illinois' plan projects that the emissions will not change
substantially from the attainment inventory within the next ten years.
The modeling analysis submitted by IEPA with the 1986 SIP revision
request sufficiently demonstrates maintenance of the NAAQS for 10 years
following the redesignation. The actual emissions from point sources
are less than twenty-three percent of allowable emissions modeled in
the 1986 submittal and, emissions cannot increase due to the
restrictions of 35 IAC part 214, Sulfur Limitations and Part 203, Major
Stationary Source Construction Modification contained in the SIP. Also,
Illinois predicts that, due to the implementation of Title IV of the
Act, actual emissions are expected to decrease. Further, new stationary
sources will be subject to the Prevention of Significant Deterioration
(PSD) requirements. IEPA was delegated authority to administer the
USEPA PSD regulations on January 29, 1981, at 46 FR 9584.
3. Ambient Monitoring
In accordance with 40 CFR part 58, once an area has been
redesignated, the State must continue to operate an appropriate air
quality network to verify the attainment status of the area.
The IEPA operates two National Air Monitoring Stations (NAMS)
SO2 monitors at two sites in the nonattainment areas. The Peoria
monitoring station is located at Hurlburt and MacArthur Streets in
Peoria County and the Tazewell County monitoring station is located at
272 Derby Street in Pekin in Tazewell County. Since their incorporation
into the NAMS Network, these sites have been annually approved by USEPA
in accordance with the requirements of 40 Code of Federal Registers
(CFR) 58 Subpart D. Because of USEPA's SIP requirements regarding the
maintenance of an adequate network, the IEPA will continue operation of
these monitors and cannot shut down either monitor without USEPA
concurrence of a revision to the NAMS program.
4. Verification of Continued Attainment
Each State must ensure that it has the legal authority to implement
and enforce all measures necessary to attain and to maintain the NAAQS.
IEPA has authority, through the Illinois Environmental Protection Act,
to ascertain information from any air containment source which may
cause or contribute to air pollution. In addition, IEPA developed
administrative rules which require annual reporting of SO2
emissions as well as all other regulated contaminants from all sources
required to have permits (35 IAC Sections 254.204 and 254.403).
Illinois' primary means for updating the emissions inventory is the
conducting of periodic source inspection by the IEPA's Field Operations
Section (FOS). FOS inspects all major sources and many minor sources
with a frequency that depends on the amount of emissions emitted by the
source and its history of compliance with emission limitations. Major
sources are inspected at least annually and all permitted sources at a
lower frequency. If inspections indicate a need for enforcement or for
more stringent emission limits, the IEPA refers such matters to the
Board, which has the authority to execute enforcement actions.
Because of this ongoing procedure, the emission inventory is
updated more frequently than annually. In fact, it is updated each time
an inspection indicates the need for a revision and entered into the
Aerometric Information Retrieval System (AIRS).
5. Contingency Plan
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. The
contingency plan is considered to be an enforceable part of the SIP and
should ensure that the contingency measures are implemented expediently
once they are triggered.
In Illinois, all SO2 monitoring data are read daily, and IEPA
continues its ongoing practice of routine source inspection for
emission compliance status at a frequency determined by emissions
magnitude, taking prompt actions should any exceedance, or near
exceedance, i.e. ninety percent of the SO2 NAAQS in the area. (The
primary SO2 NAAQS is 0.14 parts per million (ppm) and the
secondary NAAQS is 0.50 ppm. These standards are not to be exceeded
more than once per year.) These actions include a determination of the
source(s) causing such an exceedance or near exceedance based on the
meteorological conditions prevailing at the time of the exceedance or
near exceedance. In such a case, the IEPA will immediately contact the
affected source(s) to ascertain the possible causes, including whether
malfunctions or other unusual operating conditions have occurred.
The results of such contact will dictate what further actions IEPA
will then take, such as an inspection leading to enforcement action as
authorized by Section 4 of the Illinois Environmental Protection Act,
requiring stack testing as authorized by 35 IAC Section 201.282 and
Measurement Methods in accordance with Section 201.282, or proposing to
the Board that more stringent SO2 emission limitations may be
necessary.
E. SIP Meets Relevant Requirements Under Section 110 and Part D
Before the Peoria and Tazewell areas may be redesignated to
attainment, they must have fulfilled the applicable requirements of
section 110 and part D. USEPA interprets section 107(d)(3)(E)(v) to
mean that, for a redesignation request to be approved, the State must
have met all requirements that became applicable to the subject area
prior to or at the time of the submission of the redesignation request.
As the redesignation requests were submitted to USEPA in November 1994,
requirements that came due prior to that time must be met for the
request to be approved. Any requirements of the Act that come due
subsequent to the submission of the redesignation requests continue to
be applicable to the area (see section 175A(c)) and, if the
redesignation is disapproved, the State remains obligated to fulfill
those requirements.
USEPA has determined that the State has met the requirements of
section 110 and Part D that were applicable prior to submittal of the
complete redesignation request.
i. Part D Plan. As noted above, in section III(b) of this document,
USEPA approved the Illinois SO2 SIP for the Peoria and Tazewell
areas on September 2, 1992. As previously discussed, this action was
approved after Illinois revised its compliance methodology
satisfactorily correcting several defects in the 1972 SO2 SIP (57
FR 2817, June 26, 1992). Illinois' SIP includes enforceable emission
limitations and provides for the operation of air quality monitors and
a program to provide for the enforcement of the emission limits.
Approval of this plan also means that the State has a SIP satisfying
the applicable requirements of section 110.
ii. New Source Review. Section 172(c)(5) of the Act requires the
State to submit a SIP revision to require source permits in accordance
with section 173 of the Act for the construction and operation of each
new or modified major source.
Illinois has submitted a SIP revision request to comply with the
requirements of section 172(c)(5). The USEPA has reviewed this SIP
revision request and has proposed to approve it (September
[[Page 17000]] 23, 1994, 59 FR 48839). Although the USEPA has not taken
final rulemaking action on this SIP revision, it should be noted that
USEPA does not consider compliance with these requirements to be a
prerequisite to the redesignation of an area to attainment of the
sulfur dioxide NAAQS.
USEPA has determined that areas being redesignated need not comply
with the NSR requirement prior to redesignation provided that the area
demonstrates maintenance of the standard without part D NSR in effect.
For more information, refer to the memorandum from Mary Nichols,
Assistant Administrator for Air and Radiation, dated October 14, 1994,
entitled Part D New Source Review (part D NSR) Requirements for Areas
Requesting Redesignation to Attainment. The rationale for this view is
described fully in that memorandum, and is based on the Agency's
authority to establish de minimis exceptions to statutory requirements.
See Alabama Power Co. v. Costle, 636 F. 2d 323, 360-61 (D.C. Cir.
1979). As discussed above, the State of Illinois has demonstrated that
the Peoria and Tazewell areas will be able to maintain the standard
without part D NSR in effect and, therefore, the State need not have a
fully-approved part D NSR program prior to approval of the
redesignation requests for those areas.
iii. Conformity. Section 176(c) of the Act requires the States to
revise their SIPs to establish criteria and procedures to ensure that
before Federal actions are taken, they conform to the air quality
planning goals in the applicable SIPs. The requirement to determine
conformity applies to transportation plans, programs and projects
developed, funded or approved under Title 23 U.S.C. or the Federal
Transit Act (``transportation conformity''), as well as to all other
Federal actions (``general conformity''). Section 176 further provides
that the conformity revisions to be submitted by the States be
consistent with Federal conformity regulations that the Act required
USEPA to promulgate. Congress provided for the State revisions to be
submitted 1-year after the date for promulgation of final USEPA
conformity regulations. When that date passed without such
promulgation, USEPA's General Preamble for the Implementation of Title
I informed the States that its conformity regulations would establish a
submittal date (see 57 FR 13498, 13557, April 16, 1992).
The USEPA promulgated final transportation conformity regulations
on November 24, 1993 (58 FR 62188). The transportation conformity
regulations do not apply to the SO2 pollutant because SO2 is
not emitted by transportation sources. However, the general conformity
regulations do encompass SO2 nonattainment and maintenance areas.
The USEPA promulgated final general conformity regulations on
November 30, 1993 (58 FR 63214). These conformity regulations require
the States to adopt general conformity provisions in the SIPs for areas
designated nonattainment or subject to a maintenance plan approved
under section 175A of the Act. Pursuant to section 51.851 of the
general conformity rule, the State of Illinois is required to submit a
SIP revision containing general conformity criteria and procedures
consistent with those established in the Federal rule by December 1,
1994. Because the deadline for this submittal did not become due until
after the Peoria and Tazewell redesignation request (November 10,
1994), it is not an applicable requirement under section
107(d)(3)(E)(V) and, thus does not affect approval of the redesignation
request. It should be noted, however, that regardless of the attainment
status of Peoria and Tazewell Counties, Illinois is obligated under the
general conformity rule to submit the conformity SIP revision,
including covering Peoria and Tazewell Counties by the deadlines
discussed here, because they will be maintenance areas. Therefore, the
attainment status of Peoria and Tazewell Counties should not be an
issue in this case. It is further noted that the Illinois redesignation
request for Peoria and Tazewell Counties indicates that the State of
Illinois will submit a SIP revision to meet USEPA's conformity
requirements after Illinois has had sufficient time to review and act
on USEPA's final conformity regulations.
IV. Final Rulemaking Action
The State of Illinois has met the requirements of the Act. The
USEPA approves the redesignation of Peoria County (Hollis and Peoria
Townships) and Tazewell County (Groveland Township) to attainment of
the SO2 primary and secondary NAAQS.
Because USEPA considers this action to be noncontroversial and
routine, the USEPA is approving it without prior approval. This action
will become effective on June 5, 1995. However, if the USEPA receives
adverse comments by May 4, 1995, then the USEPA will publish a document
that withdraws the action, and will address these comments in the final
rule on the requested redesignation and SIP revision which has been
proposed for approval in the proposed rules section of this Federal
Register.
The comment period will not be extended or reopened. This
withdrawal will be done on a geographic basis if the adverse comments
received do not concern the two geographic areas.
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from Executive Order 12866 review.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to any SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., 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 economic 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.
The SIP approvals under section 110 and subchapter I, part D, of
the 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 impose any new requirements, I certify
that it does not have a significant impact on small entities affected.
Moreover, due to the nature of the Federal-State relationship under the
Act, preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
Act forbids USEPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. USEPA, 427 U.S. 246, 256-66 (1976).
Under Section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 5, 1995. 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 [[Page 17001]] 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 Parts 52 and 81
Environmental protection, Air pollution control, Sulfur dioxide.
Dated: March 22, 1995.
David A. Ullrich,
Acting Regional Administrator.
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7402-7671q.
Subpart O--Illinois
2. Section 52.724 is amended by adding paragraph (h) to read as
follows:
Sec. 52.724 Control strategy: Sulfur dioxide.
* * * * *
(h) Approval--On November 10, 1994, the Illinois Environmental
Protection Agency submitted a sulfur dioxide redesignation request and
maintenance plan for Peoria and Hollis Townships in Peoria County and
Groveland Township in Tazewell County to redesignate the townships to
attainment for sulfur dioxide. The redesignation request and
maintenance plan meet the redesignation requirements in section
107(d)(3)(d) of the Clean Air Act (Act) as amended in 1990.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7871q.
2. In Sec. 81.314 the Illinois SO2 table is amended by
revising the entries for Peoria County and Tazewell County to read as
follows:
Sec. 81.314 Illinois.
* * * * *
Illinois--SO2
------------------------------------------------------------------------
Does not Does not
meet meet Cannot be Better than
Designated area primary secondary classified national
standards standard standards
------------------------------------------------------------------------
* * * *
* * *
Peoria County..... ........... ........... ........... X
Tazewell County... ........... ........... ........... X
* * * *
* * *
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[FR Doc. 95-8213 Filed 4-3-95; 8:45 am]
BILLING CODE 6560-50-P
