[Federal Register Volume 60, Number 64 (Tuesday, April 4, 1995)]
[Rules and Regulations]
[Pages 16996-17001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8213]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[IL116-1-6792a; FRL-5182-3]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; State of Illinois

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: The USEPA is approving a November 10, 1994 State 
Implementation Plan (SIP) revision request to redesignate two sulfur 
dioxide (SO<INF>2) 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 SO<INF>2 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 SO<INF>2 
National Ambient Air Quality Standard (NAAQS). In the proposed rules 
section of this Federal Register, USEPA is proposing approval of and 
soliciting public comments on these requested redesignations and SIP 
revisions. If adverse comments are received on this direct final rule, 
USEPA will withdraw this final rule and address these comments in a 
final rule on the related proposed rule which is being published in the 
proposed rules section of this Federal Register. Adverse comments 
received concerning a specific geographic area, Peoria or Tazewell 
Counties, will only affect this final rule as it pertains to that area 
and only the portion of this final rule concerning the area receiving 
adverse comments will be withdrawn.

DATES: This final rule is effective June 5, 1995, unless notice is 
received by May 4, 1995, that someone wishes to submit adverse 
comments. If the effective date is delayed, timely notice will be 
published in the Federal Register.

ADDRESSES: Copies of the SIP revision and USEPA's analyses are 
available for inspection at the following address: (It is recommended 
that you telephone Fayette Bright at (312) 886-6069 before visiting the 
Region 5 Office.) United States Environmental Protection Agency, Region 
5, Air and Radiation [[Page 16997]] Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
    Written comments can be mailed to: J. Elmer Bortzer, Chief, 
Regulation Development Section (AR-18J), Regulation Development Branch, 
Air and Radiation Division, United States Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:
Fayette Bright, Regulation Development Section (AR-18J), Regulation 
Development Branch, Air and Radiation Division, United States 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, Telephone Number (312) 886-6069.

SUPPLEMENTARY INFORMATION: 

I. Background

    The redesignation requests and maintenance plans considered in this 
rulemaking were submitted by IEPA on November 10, 1994 for the 
following SO<INF>2 nonattainment areas: Peoria County (Hollis and 
Peoria Townships) and Tazewell County (Groveland Township). The 
following discussion represents a historical summary of Illinois' 
SO<INF>2 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 SO<INF>2 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 SO<INF>2 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 SO<INF>2 emissions in the Peoria area; 
however, a 1974 decision of an Illinois Appellate Court invalidated 
Illinois' SO<INF>2 emissions limitations for coal-fired boilers. Such 
boilers account for over ninety-five percent of the area's SO<INF>2 
emissions. Also, in 1977, the Illinois Air Pollution Control Board 
(Board) revalidated the SO<INF>2 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 SO<INF>2 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 SO<INF>2. (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 SO<INF>2 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 SO<INF>2 NAAQS. The modeling analysis submitted by the 
state along with the SIP revision that USEPA approved on September 4, 
1992, demonstrated attainment of the SO<INF>2 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 SO<INF>2, an area must show no more 
than one exceedance annually.
    The most recent violation of any SO<INF>2 standard in the Peoria 
and Tazewell [[Page 16998]] areas occurred in 1977, 1988 was the most 
recent year in which a single exceedance of SO<INF>2 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 SO<INF>2 
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 SO<INF>2 
Rule 204(c)(1)(A), which established a 1.8 lbs (pounds SO<INF>2 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), SO<INF>2 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 SO<INF>2 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 SO<INF>2 
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 SO<INF>2 emission controls in the Peoria and 
Tazewell areas which are contained in Illinois' part D SO<INF>2 SIP has 
led to permanent, enforceable emission reductions in the ambient 
SO<INF>2 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 SO<INF>2; 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 
SO<INF>2 NAAQS. Although there is a possibility that Midland Coal Mine 
may reopen, there will be no increase, in SO<INF>2 emissions.
    Actual SO<INF>2 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 SO<INF>2 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 SO<INF>2 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 SO<INF>2 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 SO<INF>2 emissions from stationary sources.
2. Maintenance Demonstration
    The State is required to demonstrate future maintenance of the 
NAAQS by either showing that (a) future emissions of a pollutant or its 
precursors will not exceed the level of the attainment inventory or (b) 
by modeling, that the future mix of sources and emission rates will not 
cause a violation of the NAAQS. This demonstration will 
[[Page 16999]] require the State to project emissions for the 10 year 
period following the redesignation.
    Illinois' plan projects that the emissions will not change 
substantially from the attainment inventory within the next ten years. 
The modeling analysis submitted by IEPA with the 1986 SIP revision 
request sufficiently demonstrates maintenance of the NAAQS for 10 years 
following the redesignation. The actual emissions from point sources 
are less than twenty-three percent of allowable emissions modeled in 
the 1986 submittal and, emissions cannot increase due to the 
restrictions of 35 IAC part 214, Sulfur Limitations and Part 203, Major 
Stationary Source Construction Modification contained in the SIP. Also, 
Illinois predicts that, due to the implementation of Title IV of the 
Act, actual emissions are expected to decrease. Further, new stationary 
sources will be subject to the Prevention of Significant Deterioration 
(PSD) requirements. IEPA was delegated authority to administer the 
USEPA PSD regulations on January 29, 1981, at 46 FR 9584.
3. Ambient Monitoring
    In accordance with 40 CFR part 58, once an area has been 
redesignated, the State must continue to operate an appropriate air 
quality network to verify the attainment status of the area.
    The IEPA operates two National Air Monitoring Stations (NAMS) 
SO<INF>2 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 SO<INF>2 
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 SO<INF>2 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 SO<INF>2 NAAQS in the area. (The 
primary SO<INF>2 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 SO<INF>2 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 SO<INF>2 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 SO<INF>2 SIP (57 
FR 2817, June 26, 1992). Illinois' SIP includes enforceable emission 
limitations and provides for the operation of air quality monitors and 
a program to provide for the enforcement of the emission limits. 
Approval of this plan also means that the State has a SIP satisfying 
the applicable requirements of section 110.
    ii. New Source Review. Section 172(c)(5) of the Act requires the 
State to submit a SIP revision to require source permits in accordance 
with section 173 of the Act for the construction and operation of each 
new or modified major source.
    Illinois has submitted a SIP revision request to comply with the 
requirements of section 172(c)(5). The USEPA has reviewed this SIP 
revision request and has proposed to approve it (September 
[[Page 17000]] 23, 1994, 59 FR 48839). Although the USEPA has not taken 
final rulemaking action on this SIP revision, it should be noted that 
USEPA does not consider compliance with these requirements to be a 
prerequisite to the redesignation of an area to attainment of the 
sulfur dioxide NAAQS.
    USEPA has determined that areas being redesignated need not comply 
with the NSR requirement prior to redesignation provided that the area 
demonstrates maintenance of the standard without part D NSR in effect. 
For more information, refer to the memorandum from Mary Nichols, 
Assistant Administrator for Air and Radiation, dated October 14, 1994, 
entitled Part D New Source Review (part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment. The rationale for this view is 
described fully in that memorandum, and is based on the Agency's 
authority to establish de minimis exceptions to statutory requirements. 
See Alabama Power Co. v. Costle, 636 F. 2d 323, 360-61 (D.C. Cir. 
1979). As discussed above, the State of Illinois has demonstrated that 
the Peoria and Tazewell areas will be able to maintain the standard 
without part D NSR in effect and, therefore, the State need not have a 
fully-approved part D NSR program prior to approval of the 
redesignation requests for those areas.
    iii. Conformity. Section 176(c) of the Act requires the States to 
revise their SIPs to establish criteria and procedures to ensure that 
before Federal actions are taken, they conform to the air quality 
planning goals in the applicable SIPs. The requirement to determine 
conformity applies to transportation plans, programs and projects 
developed, funded or approved under Title 23 U.S.C. or the Federal 
Transit Act (``transportation conformity''), as well as to all other 
Federal actions (``general conformity''). Section 176 further provides 
that the conformity revisions to be submitted by the States be 
consistent with Federal conformity regulations that the Act required 
USEPA to promulgate. Congress provided for the State revisions to be 
submitted 1-year after the date for promulgation of final USEPA 
conformity regulations. When that date passed without such 
promulgation, USEPA's General Preamble for the Implementation of Title 
I informed the States that its conformity regulations would establish a 
submittal date (see 57 FR 13498, 13557, April 16, 1992).
    The USEPA promulgated final transportation conformity regulations 
on November 24, 1993 (58 FR 62188). The transportation conformity 
regulations do not apply to the SO<INF>2 pollutant because SO<INF>2 is 
not emitted by transportation sources. However, the general conformity 
regulations do encompass SO<INF>2 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 SO<INF>2 primary and secondary NAAQS.
    Because USEPA considers this action to be noncontroversial and 
routine, the USEPA is approving it without prior approval. This action 
will become effective on June 5, 1995. However, if the USEPA receives 
adverse comments by May 4, 1995, then the USEPA will publish a document 
that withdraws the action, and will address these comments in the final 
rule on the requested redesignation and SIP revision which has been 
proposed for approval in the proposed rules section of this Federal 
Register.
    The comment period will not be extended or reopened. This 
withdrawal will be done on a geographic basis if the adverse comments 
received do not concern the two geographic areas.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from Executive Order 12866 review.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to any SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, USEPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    The SIP approvals under section 110 and subchapter I, part D, of 
the Act do not create any new requirements, but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP-approval does not impose any new requirements, I certify 
that it does not have a significant impact on small entities affected. 
Moreover, due to the nature of the Federal-State relationship under the 
Act, preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
Act forbids USEPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. USEPA, 427 U.S. 246, 256-66 (1976).
    Under Section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 5, 1995. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the [[Page 17001]] time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Parts 52 and 81

    Environmental protection, Air pollution control, Sulfur dioxide.

    Dated: March 22, 1995.

David A. Ullrich,

Acting Regional Administrator.

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7402-7671q.

Subpart O--Illinois

    2. Section 52.724 is amended by adding paragraph (h) to read as 
follows:


Sec. 52.724  Control strategy: Sulfur dioxide.

* * * * *
    (h) Approval--On November 10, 1994, the Illinois Environmental 
Protection Agency submitted a sulfur dioxide redesignation request and 
maintenance plan for Peoria and Hollis Townships in Peoria County and 
Groveland Township in Tazewell County to redesignate the townships to 
attainment for sulfur dioxide. The redesignation request and 
maintenance plan meet the redesignation requirements in section 
107(d)(3)(d) of the Clean Air Act (Act) as amended in 1990.

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401-7871q.

    2. In Sec. 81.314 the Illinois SO<INF>2 table is amended by 
revising the entries for Peoria County and Tazewell County to read as 
follows:


Sec. 81.314  Illinois.

* * * * *

                              Illinois--SO<INF>2                             
------------------------------------------------------------------------
                      Does not     Does not                             
                        meet         meet      Cannot be    Better than 
  Designated area     primary     secondary    classified     national  
                     standards     standard                  standards  
------------------------------------------------------------------------
                                                                        
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
Peoria County.....  ...........  ...........  ...........  X            
Tazewell County...  ...........  ...........  ...........  X            
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
------------------------------------------------------------------------

* * * * *
[FR Doc. 95-8213 Filed 4-3-95; 8:45 am]
BILLING CODE 6560-50-P