[Federal Register Volume 59, Number 76 (Wednesday, April 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9441]
[[Page Unknown]]
[Federal Register: April 20, 1994]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL89-1-6199; FRL-4875-4]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: On November 18, 1993, the State of Illinois submitted a State
Implementation Plan (SIP) revision request to the United States
Environmental Protection Agency (USEPA) in response to USEPA's
September 22, 1993 proposed sulfur dioxide (SO2) nonattainment
designation for Alton Township, Madison County. This revision request,
which limits the SO2 emissions from the Laclede Steel Co.
facility, is being approved because it corrects modeled ambient air
quality noncompliance and comports with USEPA's requirements regarding
Federal enforceability. Because USEPA considers this finding to be
noncontroversial, final action is being taken without prior proposal.
Also, as a consequence of the approval of the SIP revision request
submitted by the State, the proposed nonattainment designation for
Alton Township becomes moot.
DATES: This final rule will be effective June 20, 1994 unless notice is
received by May 20, 1994 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 revision request and USEPA's analysis are
available for inspection at the following address: U.S. Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. (It is recommended that you
telephone Rosanne M. Lindsay at (312) 353-1151 before visiting the
Region 5 Office.)
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.
FOR FURTHER INFORMATION CONTACT: Rosanne M. Lindsay at (312) 353-1151.
SUPPLEMENTARY INFORMATION:
I. Summary of State Submittal
On November 18, 1993, the Illinois Environmental Protection Agency
(IEPA) submitted a SIP revision request in response to USEPA's
intention to designate Alton Township as nonattainment for sulfur
dioxide (SO2) (see 58 FR 67334, December 21, 1993). The submittal
corrects modeled SIP deficiencies by limiting SO2 emissions from
the boilers and reheat furnaces at the Laclede Steel Co. facility
(Laclede Steel), requiring them to use only natural gas and distillate
oil. These restrictions on Laclede Steel, which include recordkeeping
and reporting requirements, are incorporated into a federally
enforceable State operating permit (FESOP) for Laclede Steel pursuant
to the State FESOP program, approved by USEPA on December 17, 1992. The
modeling and emission inventory included in the submittal demonstrate
that the control measures at Laclede Steel address those SIP
deficiencies, identified by USEPA, which led to USEPA's proposed
nonattainment designation of Alton Township.
II. Analysis of State Submittal
The USEPA has undertaken its analysis of the revision request based
on a review of the modeling, emission inventory, and the emission
limitations for Laclede Steel.
A. Review of Modeling and Emission Inventory
Modeling consistent with USEPA guidance was performed with regard
to Alton Township under a contract reviewed by USEPA. The current
version of the Industrial Source Complex Short Term (ISCST) model was
used with 5 years of representative meteorological data from St. Louis,
Missouri. The attainment demonstration used a set of receptor arrays
with resolution of 100 meters. The Alton area contains some portions of
complex terrain. The ISCST model and the Complex-I model were evaluated
for use with the local terrain. ISCST was determined to provide the
most conservative estimations, and was therefore used throughout the
attainment demonstration for receptors at all terrain evaluations.
The modeling study initially included only the SO2 emissions
from the 8 SO2-emitting facilities in Alton Township and the Union
Electric Power Plant in Portage des Sioux Township, Missouri. The
boilers which were included in the modeling were screened to determine
the load which gave the worst emissions. All boilers were found to
cause the greatest ambient impacts at maximum capacity, and were
modeled accordingly. Background SO2 concentrations were determined
using ambient data from local air quality monitors correlated with
hourly wind direction measurements.
It was determined that attainment of the SO2 NAAQS could be
demonstrated if a set of emission reductions at the Laclede Steel
facility in Alton Township were in place. These emission reductions
have been incorporated into the Laclede Steel facility FESOP. Once the
attainment strategy for the Alton Township sources had been developed,
the effect of the SO2 emissions from three facilities located in
adjacent Wood River Township, Illinois, was taken into account. The
final model runs predicted that the combined emissions from Laclede
Steel, with the applicable emission reductions in place, the other
Alton area sources, and the Wood River sources would not violate the
NAAQS.
B. Review of the Emission Limitations
The IEPA has satisfied the requirements for the submittal of a
revision request through the issuance of an operating permit with
federally enforceable conditions (Application No. 93070030). The permit
was given public notice and was made available for public comment. The
conditions of the permit limit emissions of sulfur dioxide from
existing boilers and reheat furnaces at Laclede Steel by restricting
fuel usage to natural gas and distillate fuel, only. These restrictions
will ensure compliance with the NAAQS for the area. The permit also
contains recordkeeping and reporting requirements for the equipment
identified, the fuel received and burned at the facility, and any
exceedance or violation of the requirements. The entire submittal,
including modeling and emission inventory, has been reviewed against
Federal air pollution control regulations, including the Clean Air Act,
and conforms to the requirements for Federal enforceability.
III. Final Rulemaking Action
Based on the consideration of materials submitted by the State of
Illinois, which rectify modeled ambient air quality violations
identified in a September 22, 1993 proposed rule, USEPA has determined
that this SIP revision request for Laclede Steel is approvable. The
proposed redesignation of Alton Township is rendered moot as a
consequence of this approval.
Because USEPA considers this action noncontroversial and routine,
we are approving it today without prior proposal. The action will
become effective on June 20, 1994. However, if we receive notice by May
20, 1994 that someone wishes to submit adverse comments, then USEPA
will publish: (1) A document that withdraws the action; and (2) a
document that begins a new rulemaking by proposing the action and
establishing a comment period.
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). A revision to the SIP processing
review tables was approved by the Acting Assistant Administrator for
Office of Air and Radiation on October 4, 1993 (Michael Shapiro's
memorandum to Regional Administrators). A future document will inform
the general public of these tables. Under the revised tables this
action remains classified as a Table 2. 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. USEPA has submitted a request for a permanent
waiver for Table 2 and 3 SIP revisions. The OMB has agreed to continue
the waiver until such time as it rules on USEPA's request. This request
continued in effect under Executive Order 12866 which superseded
Executive Order 12291 on September 30, 1993.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. 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.
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 impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-State relationship
under the Clean Air Act, preparation of a regulatory flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of the State action. The Clean Air Act forbids USEPA to
base its actions concerning SIPs on such grounds. Union Electric Co. v.
USEPA., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).Under
section 307(b)(1) of the Clean Air Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 20, 1994. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Sulfur oxides.
Dated: April 6, 1994.
Valdas V. Adamkus,
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 52.724 is amended by adding paragraph (g) to read as
follows:
Sec. 52.724 Control strategy: Sulfur dioxide.
* * * * *
(g) Part D--Approval--The State plan for Alton Township, Madison
County, which consists of a federally Enforceable State Operating
Permit controlling sulfur dioxide emissions from the boilers and reheat
furnaces at Laclede Steel, which was submitted on November 18, 1993, is
approved.
[FR Doc. 94-9441 Filed 4-19-94; 8:45 am]
BILLING CODE 6560-50-F
