[Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1859]


[Federal Register: January 28, 1994]


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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. 

----------------------------------------------------------------------------------------------------------------
                                                                                        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.       
----------------------------------------------------------------------------------------------------------------

    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]
BILLING CODE 6560-50-P