[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: 94-9568]
[[Page Unknown]]
[Federal Register: April 20, 1994]
-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
40 CFR Part 52
[IL 94-1-6356; FRL-4876-5]
State Implementation Plan Inadequacy, Call for SIP Revision;
Illinois
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Call for revision.
-----------------------------------------------------------------------
SUMMARY: The USEPA hereby gives notice that it has formally notified
the Governor of the State of Illinois by letter dated March 22, 1994,
that the Illinois State Implementation Plan (SIP) is substantially
inadequate under the Clean Air Act (the Act) to attain and maintain the
National Ambient Air Quality Standards (NAAQS) for lead in an area of
Madison County, Illinois; and called for the State to submit to USEPA a
SIP revision to correct this deficiency (i.e., SIP call).
DATES: USEPA has requested that the State of Illinois submit an action
plan by May 28, 1994 (60 days from receipt of SIP call letter), for the
development of the SIP revision to correct the SIP deficiencies in the
area of Madison County, Illinois. The State must correct the plan
deficiencies and submit its finally adopted Madison County area lead
plan to the USEPA by September 28, 1995, (18 months from receipt of SIP
call letter).
ADDRESSES: Copies of the documents associated with this informational
notice 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.
(Reference file IL94-1-6356).
SUPPLEMENTARY INFORMATION: Section 110 of the Act, 42 U.S.C. 7410,
requires each State to adopt plans which provide for the attainment and
maintenance of the NAAQS. In response to these requirements, Illinois
submitted a SIP revision for lead to the USEPA. This lead SIP revision
was approved by the USEPA in two separate rulemaking actions on March
22, 1982 (47 FR 12164) and July 24, 1984 (49 FR 29790). Section 110
also requires that the State revise the plan under certain conditions.
A key element of section 110 of the Act requires the State to revise
the SIP whenever USEPA finds that the SIP for an area is
``substantially inadequate to attain or maintain the relevant NAAQS''
(the Act, section 110(k)(5)). See also section 110(a)(2)(H) of the Act.
More specifically, section 110(k)(5) provides that, whenever USEPA
finds that a SIP for an area is substantially inadequate to attain or
maintain the relevant NAAQS, USEPA shall require the State to revise
the plan as necessary to correct such inadequacies.
Violations of the lead NAAQS were recorded eleven times, between
the second quarter of 1991 and fourth quarter of 1993, by two lead
monitors located near Chemetco Inc., a copper smelting facility in the
City of Hartford, Madison County. The samples collected exceed the lead
NAAQS value of 1.5 micrograms per cubic meter air (g/m\3\),
which is based on maximum arithmetic values, for several quarters, were
greater than four times the NAAQS for lead.
A letter dated March 22, 1994, was sent to Jim Edgar, Governor of
Illinois, from Valdas V. Adamkus, USEPA Regional Administrator,
notifying the State that USEPA finds the Illinois SIP to be
substantially inadequate to attain and maintain the NAAQS for lead in
an area of Madison County currently designated as unclassifiable for
lead. USEPA made this finding pursuant to section 110(k)(5) of the Act,
based on violations of the lead NAAQS in the above described County
and, in doing so, calls for the State of Illinois to revise the SIP for
this area as necessary to assure attainment and maintenance of the lead
NAAQS.
USEPA has requested that within 60 days following the receipt of
the March 22, 1994, Governor's letter, Illinois submit an action plan
to USEPA for the development of the SIP revision. In order to be
approved by USEPA, any control strategies adopted and implemented by
Illinois for the purpose of responding to the findings made on March
22, 1994, must provide for attainment and maintenance of the lead NAAQS
within 5-years of USEPA's notification to the Governor (See, e.g.,
section 110(n)(2) of the Act). The finding of inadequacy and call for a
SIP revision set out in the letter represent a preliminary step in an
ongoing administrative process. A SIP call is not a final agency action
subject to judicial review under section 307(b)(1) of the Act. See
Greater Cincinnati Chamber of Commerce v. USEPA, 879 F.2d 1379 (6th
Cir. 1989). Any final USEPA judgment regarding the appropriateness of
the State's response to USEPA's action will be reached when USEPA makes
a binding determination regarding the State's response. This would
occur, for example, if USEPA either in whole or in part approved and/or
disapproved the SIP revision (after providing public notice and an
opportunity for public comment) or promulgated a Federal Implementation
Plan because a SIP revision is not submitted, is incomplete, or is
disapproved in whole or in part. See sections 110(c),(k), and 307(b)(1)
of the Act.
The staff of the USEPA Region 5 Air and Radiation Division are
prepared to work with the Illinois Environmental Protection Agency to
develop the required SIP revisions.
This informational notice 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. 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Lead.
Authority: 42 U.S.C. 7401-7671q.
Dated: April 8, 1994.
Michelle D. Jordan,
Acting Regional Administrator.
[FR Doc. 94-9568 Filed 4-19-94; 8:45 am]
BILLING CODE 6560-50-P
