# State Implementation Plan Inadequacy, Call for SIP Revision; Illinois > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-9568 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** April 20, 1994 ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-9568. Public record. Not legal advice.