[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.


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    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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