[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4222]


[[Page Unknown]]

[Federal Register: February 25, 1994]


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PART 10--ACCESS TO INFORMATION ABOUT INDIVIDUALS
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL86-1-6181; FRL-4841-1]

 

Approval and Promulgation of a State Implementation Plan for 
Photochemical Assessment Monitoring; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) is 
approving a revision to the Illinois State Implementation Plan (SIP) 
for ozone. USEPA's action is based upon a revision request which was 
submitted by the State to satisfy the requirements for enhanced ozone 
monitoring in the Clean Air Act (Act). The Act requires the State to 
provide for establishment and maintenance of an enhanced ambient air 
quality monitoring network in the form of photochemical assessment 
monitoring stations (PAMS) by November 12, 1993.
DATES: This rulemaking will be effective April 26, 1994, unless notice 
is received by March 28, 1994 that someone wishes to submit adverse 
comments. If the effective date is delayed, timely notice will be 
published in the Federal Register.

ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Regulation Development Branch (AR-18J), 
U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
    Copies of the SIP revision and USEPA's analysis are available for 
inspection at the following address: (It is recommended that you 
telephone Patricia Morris at (312) 353-8656, before visiting the Region 
5 Office.) U.S. Environmental Protection Agency, Region 5, Air and 
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois, 
60604.

FOR FURTHER INFORMATION CONTACT: Patricia Morris, Regulation 
Development Section (AR-18J), Regulation Development Branch, U.S. 
Environmental Protection Agency, Region 5, Chicago, Illinois, 60604, 
(312) 886-6081

SUPPLEMENTARY INFORMATION:

I. Background

    Section 182(c)(1) of the Act, as amended in 1990 and the General 
Preamble (57 FR 13515) require that the USEPA promulgate rules for 
enhanced monitoring of ozone, oxides of nitrogen (NOx), and 
volatile organic compounds (VOC) no later than 18 months after the date 
of the enactment of the 1990 Amendments. In addition, the Act requires 
that following the promulgation of the rules relating to enhanced 
ambient monitoring, the State must commence actions to adopt and 
implement a program based on these rules, including a revision to each 
SIP affecting areas classified serious and above for ozone, to provide 
for establishment and maintenance of PAMS as part of their overall 
ambient air quality monitoring network.
    The final PAMS rule was promulgated by USEPA on February 12, 1993 
(58 FR 8452). Section 58.40(a) of title 40, subpart C of the Code of 
Federal Regulations requires the State to submit a photochemical 
assessment monitoring network description, including a schedule for 
implementation, to the Administrator within 6 months after 
promulgation, or by August 12, 1993.
    Further, Sec. 58.20(f) requires the State to provide for the 
establishment and maintenance of a PAMS network within 9 months after 
promulgation of the final rule or November 12, 1993.
    On August 12, 1993, the Lake Michigan Air Directors Consortium 
submitted an alternative regional PAMS network description, including a 
schedule for implementation, under the signature of the State Air 
Directors for the four States of Illinois, Indiana, Michigan and 
Wisconsin (``the States''). This submittal is currently being reviewed 
by the USEPA and is intended to satisfy the requirements of 
Sec. 58.40(a).
    On November 4, 1993, Illinois submitted to the USEPA a revision to 
the Illinois ozone SIP and requested its approval. A letter finding the 
submittal complete was sent to the State on December 15, 1993.
    The November 4, 1993, Illinois submission (Illinois PAMS SIP 
revision request) is intended to meet the requirements of section 
182(c)(1) of the Act and effect compliance with 40 CFR part 58, subpart 
C, as amended on February 12, 1993 by implementing the rules for PAMS. 
The Illinois Environmental Protection Agency (IEPA) held a public 
hearing on the Illinois PAMS SIP revision request on October 15, 1993.

II. Analysis of State Submittal

    On November 4, 1993, the IEPA submitted to the USEPA the Illinois 
PAMS SIP revision request, which would incorporate PAMS into the 
ambient air quality monitoring network of State and Local Ambient 
Monitoring Stations/National Ambient Monitoring Stations (SLAMS/NAMS). 
The State will establish and maintain PAMS as part of the overall 
ambient air quality monitoring network.
    The criteria used to review the Illinois PAMS SIP revision request 
are derived from 40 CFR part 58 revisions promulgated on February 12, 
1993 (58 FR 8452), the Guideline for the Implementation of the Ambient 
Air Monitoring Regulations 40 CFR Part 58 (EPA-450/4-78-038, OAQPS, 
November 1979), the September 2, 1993 memorandum from the U.S. EPA, 
Office of Air Quality Planning and Standards (OAQPS), entitled Final 
Boilerplate Language for the PAMS SIP Submittal, the Act and the 
General Preamble.
    The alternative regional PAMS network submitted by the States on 
August 12, 1993 is currently being reviewed by USEPA. A joint network 
description and implementation schedule is allowed and encouraged by 40 
CFR 58.40(a)(3) for States where the State's PAMS network requires 
monitoring stations in different States and/or Regions.
    Since network descriptions may change annually, they are not part 
of the SIP as recommended by the Guideline for the Implementation of 
the Ambient Air Monitoring Regulations 40 CFR Part 58. However, the 
network description is negotiated and approved during the annual review 
via the section 105 of the Act grant process as required by 40 CFR 
58.20(d), 58.25, 58.36 and 58.46.
    On November 4, 1993 the State submitted the Illinois PAMS SIP 
revision request to incorporate PAMS into the overall ambient air 
quality monitoring network. The Illinois PAMS SIP revision request 
would provide Illinois with the authority to establish and operate the 
PAMS sites, secure funds for PAMS and provide the USEPA with authority 
to enforce the implementation of PAMS, since their implementation is 
required by the Act.
    The September 2, 1993 memorandum from OAQPS entitled Final 
Boilerplate Language for the PAMS SIP Submittal stipulates that the 
PAMS SIP revision request, at a minimum, should provide for the 
monitoring of criteria and non-criteria pollutants as well as 
meteorological parameters; provide that a copy of the approved (or 
proposed) PAMS network description, including the phase-in schedule, be 
made available for public inspection during the public notice and/or 
comment period for the SIP revision request or, alternatively, provide 
that, on request, information concerning the State's plans for 
implementing the rules be made publicly available; reference the fact 
that PAMS will become a part of the State and local air monitoring 
stations (SLAMS) network; and, allow for sampling via methods approved 
by USEPA which are not Federal Reference method or equivalent.
    The Illinois PAMS SIP revision request provides that the network 
will measure ambient levels of ozone, NOx, speciated VOC, 
including hydrocarbons and carbonyls and meteorological data. During 
the public comment period and hearing, Illinois provided a copy of the 
proposed alternative regional PAMS network description, including a 
schedule, to the public. The Illinois PAMS SIP revision request 
provides that each station in the air quality surveillance network 
provided for and described in the network description will be termed a 
SLAMS. Finally, the Illinois PAMS SIP revision request provides that 
the methods used in PAMS will meet the criteria stipulated by 40 CFR 
58.41, the quality assurance requirements as contained in 40 CFR part 
58, appendix A, and the monitoring methodology requirements contained 
in appendix C.

III. Final Rulemaking Action

    The USEPA approves the Illinois rule revision for PAMS and adopts 
it into the Illinois SIP for ozone.
    Because USEPA considers this action noncontroversial and routine, 
we are approving it without prior proposal. The action will become 
effective on April 26, 1994. However, if we receive notice by March 28, 
1994, that someone wishes to submit adverse comments, then USEPA will 
publish: (1) A notice that withdraws the action; and (2) a notice that 
begins a new rulemaking by proposing the action and establishing a 
comment period.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. The USEPA shall consider each request for revision to the SIP in 
light of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989, (54 FR 2214-2225). On January 6, 1989, the Office of 
Management and Budget (OMB) waived Table 2 and 3 SIP revisions (54 FR 
2222) from the requirements of section 3 of Executive Order 12291 for a 
period of 2 years. The USEPA has submitted a request for a permanent 
waiver for Table 2 and 3 SIP revisions. OMB has agreed to continue the 
waiver until such time as it rules on USEPA's request. This request 
continues in effect under Executive Order 12866 which superseded 
Executive Order 12291 on September 30, 1993.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600, USEPA must 
prepare a regulatory flexibility analysis assessing the impact of any 
proposed or final rule on small entities. (5 U.S.C. 603 and 604.) 
Alternatively, USEPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000. This SIP approval involves a monitoring network that will be 
operated by the IEPA and does not impose any new regulatory 
requirements on small businesses. Therefore, I certify that it does not 
have a significant economic impact on any small entities.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: February 9, 1994.
David A. Ullrich,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart O--Illinois

    2. Section 52.726 is amended by adding paragraph (g) to read as 
follows:


Sec. 52.726  Control strategy: Ozone.

* * * * *
    (g) Approval--The Administrator approves the incorporation of the 
photochemical assessment ambient monitoring system submitted by 
Illinois on November 4, 1993 into the Illinois State Implementation 
Plan. This submittal satisfies 40 CFR 58.20(f) which requires the State 
to provide for the establishment and maintenance of photochemical 
assessment monitoring stations (PAMS) by November 12, 1993.
[FR Doc. 94-4222 Filed 2-24-94; 8:45 am]
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