[Federal Register Volume 61, Number 154 (Thursday, August 8, 1996)]
[Rules and Regulations]
[Pages 41342-41345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19888]
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ENVIRONMENT PROTECTION AGENCY
40 CFR Parts 52 and 81
[IL146-1a; FRL-5540-6]
Designation of Areas for Air Quality Planning Purposes; Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: In this action EPA is approving the State Implementation Plan
(SIP) submitted by the State of Illinois through the Illinois
Environmental Protection Agency (IEPA) on June 2, 1995, and January 9,
1996, for the purpose of redesignating the portion of LaSalle County
currently designated as nonattainment to attainment status for the
particulate matter National Ambient Air Quality Standard (NAAQS). The
EPA is also approving the maintenance plan for the LaSalle County PM
nonattainment area, which was submitted with the redesignation request
to ensure that attainment will be maintained.
DATES: The ``direct final'' is effective on October 7, 1996, unless EPA
receives adverse or critical comments by September 9, 1996. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Copies of the revision request 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
On July 1, 1987 (52 FR 24634), EPA revised the NAAQS for
particulate matter (PM) with a new indicator that includes only those
particles with an aerodynamic diameter less than or equal to a nominal
10 micrometers. (See 40 CFR Sec. 50.6). The 24-hour primary PM standard
is 150 micrograms per cubic meter (g/m3), with no more
than one expected exceedance per year. The annual primary PM standard
is 50 g/m3 expected annual arithmetic mean. The secondary
PM standards are identical to the primary standards.
Portions of LaSalle County were designated as a moderate PM
nonattainment area upon enactment of the Clean Air Act (Act) Amendments
of 1990 (November 15, 1990). 56 FR 56694 at 56705-706, 56714 (November
6, 1991). The nonattainment area includes the following townships,
ranges, and sections: T32N, R1E, S1; T32N, R2E, S6; T33N, R1E, S24;
T33N, R1E, S25; T33N, R2E, S30; T33N, R2E, S31; AND T33N, R1E, S36. The
area is known as the Oglesby PM nonattainment area, after the nearby
town of Oglesby, Illinois.
II. Evaluation Criteria
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 memorandum 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;
5. The area must have a fully approved maintenance plan pursuant to
section 175(A) of the Act.
III. Review of State Submittal
Under cover letters dated June 2, 1995, and January 9, 1996, the
State submitted a redesignation request for the LaSalle County PM
nonattainment area. A public hearing was held on September 22, 1995.
The request was reviewed by EPA to determine completeness shortly after
its submittal, in accordance with the completeness criteria set out at
40 CFR Part 51, Appendix V (1991), as amended by 57 FR 42216 (August
26, 1991). The submittal was found to be complete and a letter dated
February 29, 1996, was forwarded to the Chief, Bureau of Air, Illinois
Environmental Protection Agency, indicating the completeness of the
submittal and the next steps to be taken in the review process. The
following is a description of how the State's redesignation request
meets the requirements of Section 107(d)(3)(E).
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 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 one PM monitoring site in the nonattainment area.
Illinois submitted ambient air quality data from the monitoring site
which demonstrates that the area has attained the PM NAAQS. This air
quality data was
[[Page 41343]]
verified in AIRS. Quality assurance procedures are a component of the
AIRS data entry process. No exceedance of the 24-hour NAAQS has been
measured since 1991, and no exceedance of the annual NAAQS has been
measured since 1990. Therefore, the State has adequately demonstrated,
through ambient air quality data, that the PM NAAQS has been attained
in LaSalle County, with 1993 as the attainment year.
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. 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. On October
21, 1993, (58 FR 54291), EPA approved the LaSalle County PM
nonattainment area SIP originally submitted by the State on October 16,
1991.
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 LaSalle County
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
of 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. These requirements
were met with Illinois' October 16, 1991, and November 13, 1991,
submittal for the LaSalle County nonattainment area. This submittal was
approved by the EPA on October 21, 1993. See 58 FR 12006 (March 2,
1993), and 58 FR 54291 (October 21, 1993).
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 the October 21, 1993, approval of the
LaSalle County PM SIP (58 FR 54291), 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
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 175(A) of the Act
Section 175(A) 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 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 LaSalle County PM attainment demonstration SIP. Since
emissions in the area are not expected to increase substantially in the
next 10 years, that initial attainment demonstration is still
appropriate. Further, emissions from the area's only significant PM
source, the Lone Star portland cement plant (and its associated quarry,
are currently only about 75% of the levels modeled for the 1991
submittal. Thus, even if production should increase, emissions would
likely not exceed the modeled amounts. 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 one PM air monitoring site in the nonattainment area. This
site is 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 175(A) 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 LaSalle County PM nonattainment area, among
others. This rule is eligible to also be used as the section 175(A)
contingency measures, because the State was able to attain the PM NAAQS
with the limitations and control measures already contained in
[[Page 41344]]
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. Also, Illinois' June 2, 1995, and January 9,
1996, submittal included a commitment by the State to take action to
reduce PM emissions when monitored 24-hour PM concentrations exceed 90%
of the NAAQS.
IV. Final Rulemaking Action
In this action, EPA is approving the State of Illinois' request to
redesignate the LaSalle County PM nonattainment area to attainment. The
EPA is also approving the maintenance plan for the LaSalle County PM
nonattainment area, which was submitted with the redesignation request
to ensure that attainment will be maintained. The EPA has completed an
analysis of this SIP revision request based on a review of the
materials presented and has determined that it is approvable because
all requirements for redesignation have been met as discussed above.
The EPA is publishing this action without prior proposal because
EPA views this action as a noncontroversial revision and anticipates no
adverse comments. However, EPA is publishing a separate document in
this Federal Register publication, which constitutes a ``proposed
approval'' of the requested SIP revision and clarifies that the
rulemaking will not be deemed final if timely adverse or critical
comments are filed. The ``direct final'' approval shall be effective on
October 7, 1996, unless EPA receives adverse or critical comments by
September 9, 1996. If EPA receives comments adverse to or critical of
the approval discussed above, EPA will withdraw this approval before
its effective date by publishing a subsequent Federal Register document
which withdraws this final action. All public comments received will
then be addressed in subsequent rulemaking. Please be aware that EPA
will institute another comment period on this action only if warranted
by significant revisions to the rulemaking based on any comments
received in response to today's action. Any parties interested in
commenting on this action should do so at this time. If no such
comments are received, EPA hereby advises the public that this action
will be effective on October 7, 1996.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 9, 1995, memorandum from Mary D. Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. EPA 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.
Under section 801(a)(1)(A) of the Administrative Procedure Act
(APA) 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 section 804(2) of the
APA as amended.
Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act'') (signed into law on March 22, 1995) requires that the
EPA prepare a budgetary impact statement before promulgating a rule
that includes a Federal mandate that may result in expenditure by
State, local, and tribal governments, in aggregate, or by the private
sector, of $100 million or more in any one year. Section 203 requires
the EPA to establish a plan for obtaining input from and informing,
educating, and advising any small governments that may be significantly
or uniquely affected by the rule.
Under section 205 of the Unfunded Mandates Act, the EPA must
identify and consider a reasonable number of regulatory alternatives
before promulgating a rule for which a budgetary impact statement must
be prepared. The EPA must select from those alternatives the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule, unless the EPA explains why this
alternative is not selected or the selection of this alternative is
inconsistent with law.
Because this final rule is estimated to result in the expenditure
by State, local, and tribal governments or the private sector of less
then $100 million in any one year, the EPA has not prepared a budgetary
impact statement or specifically addressed the selection of the least
costly, most cost-effective, or least burdensome alternative. Because
small governments will not be significantly or uniquely affected by
this rule, the EPA is not required to develop a plan with regard to
small governments. This rule only approves the incorporation of
existing state rules into the SIP. It imposes no additional
requirements.
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.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air 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 any 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 the
State action. The Clean Air Act forbids EPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. EPA., 427 U.S.
246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(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 October 7, 1996. 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
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
[[Page 41345]]
Dated: July 3, 1996.
Valdas V. Adamkus,
Regional Administrator.
For reasons stated in the preamble, parts 52 and 81 of chapter I,
title 40 of the Code of Federal Regulations are 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 52.725 is amended by adding paragraph (d) to read as
follows:
Sec. 52.725 Control strategy: Particulates.
* * * * *
(d) Approval--On June 2, 1995, and January 9, 1996, the State of
Illinois submitted a maintenance plan for the particulate matter
nonattainment portion of LaSalle County, and requested that it be
redesignated to attainment of the National Ambient Air Quality Standard
for particulate matter. The redesignation request and maintenance plan
satisfy all applicable requirements of the Clean Air Act.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
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 for ``Illinois PM-10'' is amended by
revising the table heading and the entry for ``LaSalle County'' to read
as follows:
Sec. 81.314 Illinois.
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Illinois--PM-10
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Designation Classification
Designated area -----------------------------------------------------------------------------------------------------------------------
Date Type Date Type
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LaSalle County October 7, 1996............. Attainment
Oglesby including the
following Townships,
ranges, and sections: T32N,
R1E, S1; T32N, R2E, S6;
T33N, R1E, S24; T33N, R1E,
S25; T33N, R2E, S30; T33N,
R2E, S31; and T33N, R1E,
S36
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[FR Doc. 96-19888 Filed 8-7-96; 8:45 am]
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