16996 Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Rules and Regulations

whether the elements of the State’s

submittal comply with the Federal rule.

Interested parties are encouraged to

examine the TSD for additional detailed

information about the Ohio I/M

program.

Final Action

The USEPA is approving the I/M SIP

for the Cleveland-Akron-Lorain,

Cincinnati, and Dayton-Springfield

areas and takes no action on the I/M SIP

for the Toledo area.

Precedential Effect

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.

Executive Order 12866

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 Shapiro,

Acting Assistant Administrator for Air

and Radiation. The OMB has exempted

this regulatory action from E.O. 12866

review.

Regulatory Flexibility

Under the Regulatory Flexibility Act,

5 U.S.C. Section 600 et seq., USEPA

should 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 limited approval does not create

any new requirements. Therefore, I

certify that this action does not have a

significant impact on any small entities

affected. Moreover, due to the nature of

the Federal-State relationship under the

CAA, preparation of the regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of the State action. The

CAA forbids USEPA to base its final

limited approval of Ohio’s I/M on such

grounds. Union Electric Co. v. USEPA,

427 U.S. 246, 256–66 (1976).

List of Subjects in 40 CFR Part 52

Air pollution control, Incorporation

by reference, Intergovernmental

relations, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Dated: March 10, 1995.

Valdas V. Adamkus,

Regional Administrator.

Title 40 of the Code of Federal

Regulations, chapter I, part 52, subpart

KK 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.

2. Section 52.1870 is amended as

follows by adding paragraph (c)(101) to

read as follows:

§ 52.1870 Identification of plan.

* * * * *

(c) * * *

(101) On November 12, 1993 the Ohio

Environmental Protection Agency

submitted a vehicle inspection and

maintenance program in accordance

with section 110 of the Clean Air Act as

amended in 1990. The new program

replaces I/M programs in operation in

the Cleveland and Cincinnati areas and

establishes new programs in Dayton and

any area designated moderate

nonattainment or any area where local

planning authorities have requested the

State to implement a program.

(i) Incorporation by reference.

(A) Ohio Administrative Code

Amended Rules 3745–26–01, 3754–26–

02, 3745–26–10, and rules 3745–26–12,

3745–26–13, and 3745–26–14, all made

effective on June 13, 1994.

(ii) Other material.

(A) Certification letter from the

Director of the Ohio Environmental

Protection Agency regarding the State

process in developing the I/M rules and

the I/M program.

(B) Letter dated June 22, 1994, from

the Director of OEPA regarding

implementation of an I/M program in

the Toledo area in the event the State’s

request for redesignation to attainment

for that area is not approved by USEPA.

* * * * *

[FR Doc. 95–8221 Filed 4–3–95; 8:45 am]

BILLING CODE 6560–50–P

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.

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
Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Rules and Regulations 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
16998 Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Rules and Regulations

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
Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Rules and Regulations 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 twentythree 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
17000 Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Rules and Regulations

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
Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Rules and Regulations 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:

§ 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 § 81.314 the Illinois SO2 table is

amended by revising the entries for

Peoria County and Tazewell County to

read as follows:

§ 81.314 Illinois.

* * * * *

ILLINOIS—SO2

Designated area

Does not

meet primary standards

Does not

meet secondary

standard

Cannot be

classified

Better than

national

standards

* * * * * * *

Peoria County ..................................................................................................................... ................... ................... ................... X

Tazewell County ................................................................................................................. ................... ................... ................... X

* * * * * * *

* * * * *

[FR Doc. 95–8213 Filed 4–3–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 260

[FRL–5183–5]

Hazardous Waste Management

System; Testing and Monitoring

Activities

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA or Agency) is amending its

hazardous waste regulations under

subtitle C of the Resource Conservation

and Recovery Act (RCRA) for testing

and monitoring activities. This

amendment clarifies the temperature

requirement for pH measurements of

highly alkaline wastes and adds Method

9040B (pH Electrometric Measurement)

and Method 9045C (Soil and Waste pH)

to ‘‘Test Methods for Evaluating Solid

Waste, Physical/Chemical Methods,’’

EPA Publication SW–846. This

amendment will provide a better and

more complete analytical technology for

RCRA testing in support of hazardous

waste identification under the

corrosivity characteristic (40 CFR

261.22).

EFFECTIVE DATE: April 4, 1995. The

incorporation by reference of the

publication listed in the regulations is

approved by the Director of the Federal

Register as of April 4, 1995.

ADDRESSES: The official record for this

rulemaking (Docket No. F–95–W2TF–

FFFFF) is located at the U.S.

Environmental Protection Agency, 401

M Street SW., Washington, DC 20460

(room M–2616), and is available for

viewing from 9 a.m. to 4 p.m., Monday

through Friday, excluding Federal

holidays. The public must make an

appointment to review docket materials

by calling (202) 260–9327. The public

may copy a maximum of 100 pages of

material from any one regulatory docket

at no cost; additional copies cost $0.15

per page.

Copies of the Third Edition of SW–

846 as amended by Updates I, II, IIA,

and IIB are part of the official docket for

this rulemaking, and also are available

from the Superintendent of Documents,

Government Printing Office (GPO),

Washington, DC 20402, (202) 512–1800.

The GPO document number is 955–001–

00000–1. New subscriptions to SW–846

may be ordered from GPO at a cost of

$319.00 (subject to change). There is a

25% surcharge for foreign subscriptions

and renewals.

FOR FURTHER INFORMATION CONTACT: For

general information contact the RCRA

Hotline at (800) 424–9346 (toll free) or

call (703) 920–9810; or, for hearing

impaired, call TDD (800) 553–7672 or

(703) 486–3323. For technical

information, contact Oliver Fordham,

Office of Solid Waste (5304), U.S.

Environmental Protection Agency, 401

M Street SW., Washington, DC 20460,

(202) 260–4761.

SUPPLEMENTARY INFORMATION:

I. Authority

These regulations are being

promulgated under the authority of

sections 1006, 2002(a), 3001–3007,

3010, 3013, 3014, 3016 through 3018,

and 7004 of the Solid Waste Disposal

Act, as amended by the Resource

Conservation and Recovery Act (RCRA)

of 1976, as amended [42 U.S.C. 6905,

6912(a), 6921–6927, 6930, 6934, 6935,

6937, 6938, 6939, and 6974].