Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL 35-2-5847; FRL-4827-3]

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: On March 24, 1993, the United States Environmental Protection

Agency (USEPA) proposed to approve a January 4, 1989 revision to the

Illinois sulfur dioxide (SO2) State Implementation Plan (SIP), and

solicited public comment on the proposed action. This document responds

to the public comments received and announces approval of the requested

revision, which amends the SIP to provide SO2 emission limits for

the Shell Oil Complex in Roxana, Wood River Township, Illinois. This

action also clarifies USEPA's approval of related Illinois SO2

rules which were included in Illinois' January 4, 1989 submittal but

were subsequently revised and resubmitted. The USEPA's approval of

these rules satisfies the September 28, 1984 notice of SIP deficiency

for Wood River Township.

The USEPA's action is based upon a revision request which was

submitted by the State to satisfy the requirements of the Clean Air

Act.

EFFECTIVE DATE: This final rulemaking becomes effective on February 28,

1994.

ADDRESSES: A copy of this revision to the Illinois SIP is available

here for inspection: Jerry Kurtzweg (ANR-443), U.S. Environmental

Protection Agency, 401 M Street, SW., Washington, DC 20460.

Copies of the SIP revision, public comments on the rulemaking, and

other materials relating to this rulemaking are available for

inspection at the following address: Regulation Development Branch,

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

Agency, Region 5, Chicago, Illinois 60604. (It is recommended that you

telephone Mary Onischak at (312) 353-5954, before visiting the Region 5

Office.)

FOR FURTHER INFORMATION CONTACT: Mary Onischak at (312) 353-5954.

SUPPLEMENTARY INFORMATION:

I. Summary of State Submittal

On September 28, 1984, USEPA informed the Governor of Illinois that

the Illinois SO2 SIP was inadequate to protect the National

Ambient Air Quality Standards (NAAQS) in Alton and Wood River Townships

of Madison County, Illinois, and requested that the State submit

revisions to the SIP to address the inadequacy. The determination that

the SIP needed to be revised was based on modeling performed by the

Illinois Environmental Protection Agency (IEPA) for a regional study

which included Madison County. Modeled violations of the NAAQS in Wood

River Township were attributed primarily to the Shell Oil refinery

complex in Roxana, Illinois. IEPA was able to demonstrate NAAQS

attainment in the Wood River area through significant emission

reductions at the Shell Oil complex. The Shell Oil emission limits are

set forth at 35 Illinois Administrative Code (35 IAC) 214.382, and were

submitted to USEPA as a revision to the Illinois SO2 SIP on

January 4, 1989.

On March 24, 1993 (58 FR 15824), USEPA stated that the January 4,

1989 submittal could be approved if Illinois placed a set of

recordkeeping and reporting requirements for enforcement purposes into

a federally enforceable State operating permit for the Shell Oil

Company. Operating permits issued under Illinois' federally enforceable

operating permit program, which was approved and incorporated into the

Illinois SIP by USEPA on December 17, 1992 (57 FR 59928) at 40 CFR

52.737, are federally enforceable parts of the SIP upon issuance by the

State, unless USEPA deems them not federally enforceable. The USEPA

transmitted a list of the necessary permit conditions for Shell Oil in

a June 12, 1992 letter to the State. On November 10, 1992, the Shell

Oil Company applied for an operating permit which would include the

recordkeeping and reporting requirements identified by USEPA. On

September 1, 1993, a public hearing was held in Wood River, Illinois,

to receive comments on the Shell Oil permit. Shell Oil's operating

permit (I.D. Number 199090AAA) was issued on November 2, 1993, in

accordance with the requirements of Illinois' federally approved SIP.

On December 27, 1993, USEPA determined that permit number 199090AAA

meets the requirements for Federal enforceability. Permit number

199090AAA adequately addresses the enforceability deficiencies in 35

IAC 214.382 by incorporating the recordkeeping and reporting

requirements included in the June 12, 1992 letter. Because it is

federally enforceable, this operating permit supplements Illinois'

January 4, 1989 SIP submittal and renders the January 4, 1989 submittal

fully approvable.

II. Public Comments/USEPA Response

Two public comments were received by USEPA regarding the March 24,

1993 proposed rule.

Public Comment: On April 22, 1993, USEPA received a comment from

the Wood River Manufacturing Complex (Shell Oil), which stated that the

Shell Oil Company supports the finalization of USEPA's proposed

rulemaking action.

USEPA Response: No response is necessary.

Public Comment: On April 23, 1993, USEPA received comments on

behalf of the Jefferson Smurfit Corporation (Smurfit), which operates a

facility in Alton Township, Madison County. Smurfit does not appear to

object to the substance of the Wood River Township SIP revision, but

believes that USEPA should not approve the January 4, 1989 submittal

for Wood River Township until the SO2 attainment status of Alton

Township has been finalized. Referring to USEPA's September 22, 1992

(57 FR 43846) action, in which USEPA proposed to redesignate Alton,

Granite City, and Nameoki Townships, Madison County, to nonattainment

for SO2, Smurfit stated that any designation for Madison County

regarding SO2 should be consistent between Alton Township, Madison

County, and Wood River Township, Madison County. Smurfit believes that

Alton Township should not be redesignated to nonattainment if Wood

River Township is excluded from the nonattainment area. Smurfit argues

that emissions from Wood River Township contribute to ambient SO2

concentrations in Alton Township, and that USEPA's approval of the

January 4, 1989 SIP revision should be deferred until the State

determines that the sources in Wood River Township will not interfere

with Alton Township's ability to attain the SO2 ambient standard.

Smurfit remarked that it would not dispute USEPA's proposed approval of

the January 4, 1989 submittal for Wood River if Alton Township were to

remain designated attainment for SO2.

USEPA Response: The January 4, 1989 Wood River SO2 SIP was

submitted in response to a September 28, 1984 notice of SIP deficiency.

The USEPA's approval of the January 4, 1989 SIP revision for Wood River

Township addresses this outstanding notice of SIP deficiency for the

area. It in no way precludes USEPA from redesignating Wood River

Township to nonattainment for SO2 at a later date, if evidence

exists which indicates the necessity for redesignation. Dispersion

modeling studies associated with Illinois' SO2 SIP development

have shown that sources in Wood River Township are not currently

causing NAAQS violations in Alton Township.

Alton Township was initially cited for SIP deficiencies along with

Wood River Township on September 28, 1984. On January 28, 1991, USEPA

advised the Governor of Illinois that the whole of Madison County

should be designated nonattainment for SO2. In a letter to USEPA

dated March 14, 1991, the Governor of Illinois stated that if a

nonattainment designation was necessary pursuant to the 1990 Amendments

of the Clean Air Act, only Alton, Granite City, and Nameoki Townships

in Madison County should be designated, rather than the entire county.

The Director of the Illinois Environmental Protection Agency also

stated in a separate letter to USEPA dated March 14, 1991 that

Illinois' SO2 SIP was deficient for these townships. Since 1991,

IEPA has worked with Alton Township industries to address SO2

attainment issues. IEPA requested that Wood River Township remain

attainment for SO2, since a SIP addressing deficiencies in the

area had been submitted on January 4, 1989.

On December 21, 1993 (58 FR 67334), USEPA published its intent to

defer the final designation to nonattainment of these townships, as the

State is working to expeditiously correct the SIP deficiencies. The

State submitted a SIP revision for Alton Township on November 18, 1993.

USEPA will take action upon this submittal and make a final

determination of Alton Township's attainment status in a subsequent

action.

III. Final Rulemaking Actions

1. Based on the information contained in the State's January 4,

1989 submittal, and in the federally enforceable operating permit

issued to the Shell Oil Company on November 2, 1993, and in

consideration of the public comments received on USEPA's March 24, 1993

(58 FR 15824) proposed rule, USEPA is approving amendments to 35 IAC

214.102 and 214.382. The USEPA's approval of these rules satisfies the

September 28, 1984 notice of SIP deficiency for Wood River Township,

Madison County, Illinois.

In addition to the new rules covering the Shell Oil facility, the

January 4, 1989 submittal includes amendments to Illinois' SO2

Measurement Methods (35 IAC 214.101) and Incorporations by Reference

(35 IAC 214.104). However, further amendments to 35 IAC 214.101 and

214.104 were submitted to USEPA on February 8, 1991. On December 20,

1991 (56 FR 66003), USEPA proposed to approve these rules, as submitted

on February 8, 1991. On June 26, 1992 (57 FR 28617), USEPA approved 35

IAC 214.101 and incorporated it by reference into the Illinois SO2

SIP. The USEPA is taking no action on the version of 35 IAC 214.101

which was submitted on January 4, 1989, since the version approved on

June 26, 1992 supersedes this submittal.

2. On December 20, 1991 (56 FR 66003), the USEPA proposed to

approve 35 IAC 214.104, Incorporations by Reference, which was adopted

by the Illinois Pollution Control Board at 15 Ill. Reg. 1017 and became

effective January 15, 1991. No public comments were received in

response to USEPA's proposed rulemaking action. The USEPA is therefore

approving the incorporation of this rule into the Illinois SO2

SIP.

The following table summarizes USEPA's final rulemaking actions on

the rules listed below.

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USEPA's action in this

State rule Submittal date Previous USEPA action document

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Rule 214.101Measurement Submitted 1/4/89 No final action No action.

Methods. taken.

Resubmitted 2/8/ Approved 6/26/ No action.

91. 92 (57 FR 28617).

Rule 214.102Abbreviations Submitted 1/4/89 Proposal to Approve and

and Units. approve published 3/24/93 incorporate by reference

(58 FR 15824). into Illinois SIP.

Rule 214.104Incorporation Submitted 1/4/89 No final action No action.

by Reference. taken.

Resubmitted 2/8/ Proposal to Approve and

91. approve published 12/20/ incorporate by reference

91 (56 FR 66003). into Illinois SIP.

Rule 214.382Petroleum and Submitted 1/4/89 Proposal to Approve and

Petrochemical Processes. approve published 3/24/93 incorporate by reference

(58 FR 15824). into Illinois SIP.

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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 2 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 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 March 29, 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, Reporting and

recordkeeping requirements, Sulfur oxides.

Dated: January 3, 1994.

Valdas V. Adamkus,

Regional Administrator.

40 CFR part 52 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 52.720 is amended by adding paragraph (c)(99) to read as

follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(99) On January 4, 1989, the State submitted revisions to its

sulfur dioxide rules.

(i) Incorporation by reference.

(A) Title 35: Environmental Protection, Subtitle B: Air Pollution,

Chapter 1: Pollution Control Board, Subchapter c: Emission Standards

and Limitations for Stationary Sources, Part 214 Sulfur Limitations,

Subpart A: General Provisions, section 214.102 Abbreviations and Units.

Amended at 12 Ill. Reg. 20778, effective December 5, 1988.

(B) Title 35: Environmental Protection, Subtitle B: Air Pollution,

Chapter 1: Pollution Control Board, Subchapter c: Emission Standards

and Limitations for Stationary Sources, Part 214 Sulfur Limitations,

Subpart A: General Provisions, section 214.104 Incorporations by

Reference. Amended at 15 Ill. Reg. 1017, effective January 15, 1991.

(C) Title 35: Environmental Protection, Subtitle B: Air Pollution,

Chapter 1: Pollution Control Board, Subchapter c: Emission Standards

and Limitations for Stationary Sources, Part 214 Sulfur Limitations,

Subpart O: Petroleum Refining, Petrochemical and Chemical

Manufacturing, section 214.382 Petroleum and Petrochemical Processes.

Amended at 12 Ill. Reg. 20778, effective December 5, 1988.

[FR Doc. 94-1859 Filed 1-27-94; 8:45 am]

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