ENVIRONMENTAL PROTECTION AGENCY

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