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

PART 10--ACCESS TO INFORMATION ABOUT INDIVIDUALS

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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

Approval and Promulgation of a State Implementation Plan for

Photochemical Assessment Monitoring; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) is

approving a revision to the Illinois State Implementation Plan (SIP)

for ozone. USEPA's action is based upon a revision request which was

submitted by the State to satisfy the requirements for enhanced ozone

monitoring in the Clean Air Act (Act). The Act requires the State to

provide for establishment and maintenance of an enhanced ambient air

quality monitoring network in the form of photochemical assessment

monitoring stations (PAMS) by November 12, 1993.

DATES: This rulemaking will be effective April 26, 1994, unless notice

is received by March 28, 1994 that someone wishes to submit adverse

comments. If the effective date is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Regulation Development Branch (AR-18J),

U.S. Environmental Protection Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the SIP revision and USEPA's analysis are available for

inspection at the following address: (It is recommended that you

telephone Patricia Morris at (312) 353-8656, before visiting the Region

5 Office.) U.S. Environmental Protection Agency, Region 5, Air and

Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois,

60604.

FOR FURTHER INFORMATION CONTACT: Patricia Morris, Regulation

Development Section (AR-18J), Regulation Development Branch, U.S.

Environmental Protection Agency, Region 5, Chicago, Illinois, 60604,

(312) 886-6081

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(c)(1) of the Act, as amended in 1990 and the General

Preamble (57 FR 13515) require that the USEPA promulgate rules for

enhanced monitoring of ozone, oxides of nitrogen (NOx), and

volatile organic compounds (VOC) no later than 18 months after the date

of the enactment of the 1990 Amendments. In addition, the Act requires

that following the promulgation of the rules relating to enhanced

ambient monitoring, the State must commence actions to adopt and

implement a program based on these rules, including a revision to each

SIP affecting areas classified serious and above for ozone, to provide

for establishment and maintenance of PAMS as part of their overall

ambient air quality monitoring network.

The final PAMS rule was promulgated by USEPA on February 12, 1993

(58 FR 8452). Section 58.40(a) of title 40, subpart C of the Code of

Federal Regulations requires the State to submit a photochemical

assessment monitoring network description, including a schedule for

implementation, to the Administrator within 6 months after

promulgation, or by August 12, 1993.

Further, Sec. 58.20(f) requires the State to provide for the

establishment and maintenance of a PAMS network within 9 months after

promulgation of the final rule or November 12, 1993.

On August 12, 1993, the Lake Michigan Air Directors Consortium

submitted an alternative regional PAMS network description, including a

schedule for implementation, under the signature of the State Air

Directors for the four States of Illinois, Indiana, Michigan and

Wisconsin (``the States''). This submittal is currently being reviewed

by the USEPA and is intended to satisfy the requirements of

Sec. 58.40(a).

On November 4, 1993, Illinois submitted to the USEPA a revision to

the Illinois ozone SIP and requested its approval. A letter finding the

submittal complete was sent to the State on December 15, 1993.

The November 4, 1993, Illinois submission (Illinois PAMS SIP

revision request) is intended to meet the requirements of section

182(c)(1) of the Act and effect compliance with 40 CFR part 58, subpart

C, as amended on February 12, 1993 by implementing the rules for PAMS.

The Illinois Environmental Protection Agency (IEPA) held a public

hearing on the Illinois PAMS SIP revision request on October 15, 1993.

II. Analysis of State Submittal

On November 4, 1993, the IEPA submitted to the USEPA the Illinois

PAMS SIP revision request, which would incorporate PAMS into the

ambient air quality monitoring network of State and Local Ambient

Monitoring Stations/National Ambient Monitoring Stations (SLAMS/NAMS).

The State will establish and maintain PAMS as part of the overall

ambient air quality monitoring network.

The criteria used to review the Illinois PAMS SIP revision request

are derived from 40 CFR part 58 revisions promulgated on February 12,

1993 (58 FR 8452), the Guideline for the Implementation of the Ambient

Air Monitoring Regulations 40 CFR Part 58 (EPA-450/4-78-038, OAQPS,

November 1979), the September 2, 1993 memorandum from the U.S. EPA,

Office of Air Quality Planning and Standards (OAQPS), entitled Final

Boilerplate Language for the PAMS SIP Submittal, the Act and the

General Preamble.

The alternative regional PAMS network submitted by the States on

August 12, 1993 is currently being reviewed by USEPA. A joint network

description and implementation schedule is allowed and encouraged by 40

CFR 58.40(a)(3) for States where the State's PAMS network requires

monitoring stations in different States and/or Regions.

Since network descriptions may change annually, they are not part

of the SIP as recommended by the Guideline for the Implementation of

the Ambient Air Monitoring Regulations 40 CFR Part 58. However, the

network description is negotiated and approved during the annual review

via the section 105 of the Act grant process as required by 40 CFR

58.20(d), 58.25, 58.36 and 58.46.

On November 4, 1993 the State submitted the Illinois PAMS SIP

revision request to incorporate PAMS into the overall ambient air

quality monitoring network. The Illinois PAMS SIP revision request

would provide Illinois with the authority to establish and operate the

PAMS sites, secure funds for PAMS and provide the USEPA with authority

to enforce the implementation of PAMS, since their implementation is

required by the Act.

The September 2, 1993 memorandum from OAQPS entitled Final

Boilerplate Language for the PAMS SIP Submittal stipulates that the

PAMS SIP revision request, at a minimum, should provide for the

monitoring of criteria and non-criteria pollutants as well as

meteorological parameters; provide that a copy of the approved (or

proposed) PAMS network description, including the phase-in schedule, be

made available for public inspection during the public notice and/or

comment period for the SIP revision request or, alternatively, provide

that, on request, information concerning the State's plans for

implementing the rules be made publicly available; reference the fact

that PAMS will become a part of the State and local air monitoring

stations (SLAMS) network; and, allow for sampling via methods approved

by USEPA which are not Federal Reference method or equivalent.

The Illinois PAMS SIP revision request provides that the network

will measure ambient levels of ozone, NOx, speciated VOC,

including hydrocarbons and carbonyls and meteorological data. During

the public comment period and hearing, Illinois provided a copy of the

proposed alternative regional PAMS network description, including a

schedule, to the public. The Illinois PAMS SIP revision request

provides that each station in the air quality surveillance network

provided for and described in the network description will be termed a

SLAMS. Finally, the Illinois PAMS SIP revision request provides that

the methods used in PAMS will meet the criteria stipulated by 40 CFR

58.41, the quality assurance requirements as contained in 40 CFR part

58, appendix A, and the monitoring methodology requirements contained

in appendix C.

III. Final Rulemaking Action

The USEPA approves the Illinois rule revision for PAMS and adopts

it into the Illinois SIP for ozone.

Because USEPA considers this action noncontroversial and routine,

we are approving it without prior proposal. The action will become

effective on April 26, 1994. However, if we receive notice by March 28,

1994, that someone wishes to submit adverse comments, then USEPA will

publish: (1) A notice that withdraws the action; and (2) a notice that

begins a new rulemaking by proposing the action and establishing a

comment period.

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. The USEPA shall consider each request for revision to the SIP in

light of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989, (54 FR 2214-2225). On January 6, 1989, the Office of

Management and Budget (OMB) waived Table 2 and 3 SIP revisions (54 FR

2222) from the requirements of section 3 of Executive Order 12291 for a

period of 2 years. The USEPA has submitted a request for a permanent

waiver for Table 2 and 3 SIP revisions. OMB has agreed to continue the

waiver until such time as it rules on USEPA's request. This request

continues in effect under Executive Order 12866 which superseded

Executive Order 12291 on September 30, 1993.

Under the Regulatory Flexibility Act, 5 U.S.C. 600, USEPA must

prepare a regulatory flexibility analysis assessing the impact of any

proposed or final rule on small entities. (5 U.S.C. 603 and 604.)

Alternatively, USEPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000. This SIP approval involves a monitoring network that will be

operated by the IEPA and does not impose any new regulatory

requirements on small businesses. Therefore, I certify that it does not

have a significant economic impact on any small entities.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Nitrogen dioxide, Ozone, Volatile organic compounds.

Dated: February 9, 1994.

David A. Ullrich,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

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

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

Subpart O--Illinois

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

follows:

Sec. 52.726 Control strategy: Ozone.

* * * * *

(g) Approval--The Administrator approves the incorporation of the

photochemical assessment ambient monitoring system submitted by

Illinois on November 4, 1993 into the Illinois State Implementation

Plan. This submittal satisfies 40 CFR 58.20(f) which requires the State

to provide for the establishment and maintenance of photochemical

assessment monitoring stations (PAMS) by November 12, 1993.

[FR Doc. 94-4222 Filed 2-24-94; 8:45 am]

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