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

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 (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adverse comments will be withdrawn.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 [[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 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 [[Page 16998]] 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

[[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)

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

[[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 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 [[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 SO2 table is amended by

revising the entries for Peoria County and Tazewell County to read as

follows:

Sec. 81.314 Illinois.

* * * * *

Illinois--SO2

------------------------------------------------------------------------

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

* * * *

* * *

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

BILLING CODE 6560-50-P