State Implementation Plan Inadequacy, Call for SIP Revision; Illinois

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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.

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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]

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