[Federal Register Volume 59, Number 76 (Wednesday, April 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9568]


[[Page Unknown]]

[Federal Register: April 20, 1994]


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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.

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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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