[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20740]


[[Page Unknown]]

[Federal Register: August 24, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[WI25-01-5711a; FRL-5005-5]

 

Approval and Promulgation of State Implementation Plan; 
Wisconsin; Superior (Douglas County) Attainment Demonstration for 
Sulfur Dioxide Emissions

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: The USEPA approves a revision to the Wisconsin State 
Implementation Plan (SIP) for control of sulfur dioxide (SO2) 
emissions in Superior (Douglas County) Wisconsin. This approval makes 
federally enforceable the State's control of SO2 emissions from 
CLM Corporation, a lime manufacturing facility located in Douglas 
County. The USEPA review of the revision shows that the controls are 
sufficient to meet the National Ambient Air Quality Standards (NAAQS) 
for SO2 as set forth in the Clean Air Act (the Act).
DATES: This final rule will be effective October 24, 1994 unless 
adverse comments are submitted by September 23, 1994. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Written comments should be sent to: Carlton T. Nash, Chief, 
Regulation Development Section, Air Toxics and Radiation Branch (AT-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
    Copies of the proposed SIP revision, incorporation by reference, 
and USEPA's analysis are available for inspection at the U.S. 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604. (It is recommended 
that you telephone Megan Beardsley at (312) 886-0669 before visiting 
the Region 5 Office.)
    A copy of this SIP revision and incorporation by reference is also 
available at the Office of Air and Radiation, Docket and Information 
Center (Air Docket 6102), room M1500, U.S. Environmental Protection 
Agency, 401 M Street, SW., Washington, DC 20460, (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Megan Beardsley, Environmental 
Scientist, Regulation Development Section, Air Toxics and Radiation 
Branch (AT-18J), U.S. Environmental Protection Agency, Region V, 
Chicago, Illinois 60604, (312) 886-0669.

SUPPLEMENTARY INFORMATION:

I. Background

    Douglas County, Wisconsin, is classified as an attainment area for 
the SO2 NAAQS. In 1988, a monitor in the town of Superior, Douglas 
County, Wisconsin measured five separate violations of the 24-hour 
SO2 NAAQS. The Wisconsin Department of Natural Resources (WDNR) 
determined that a significant quantity of the SO2 emissions 
contributing to the violations were generated by the three lime kilns 
at CLM Corporation, a lime manufacturing facility in Superior. In 
particular, WDNR found the emission limit set forth in CLM's 1982 
permit (permit number MAN-10-SJK-81-16-160) was being exceeded in CLM 
kiln # 3 and that fugitive emissions were leaking from the CLM kiln # 2 
baghouse. The WDNR also found that the existing SO2 emission 
limits for CLM's three kilns needed to be reevaluated and updated in 
response to newer, more accurate kiln emissions data.
    In response to these findings, Wisconsin issued a number of orders 
and permits to limit CLM's SO2 emissions and bring the area into 
compliance. The area has remained classified under the Act as 
attainment for SO2 on the condition that the State make the CLM 
control measures federally enforceable by submitting them as a revision 
to the SIP.
    The following orders and permits now limit CLM's SO2 
emissions:

    .1. Administrative Order AM-91-816A issued by WDNR to CLM 
Corporation on June 13, 1991. This order established new emission 
limits for Kilns # 1 and # 2 based on the air quality modeling results 
for the three lime kilns at the 125 foot stack height. In particular, 
Kiln # 1 shall meet an emission limit of 136.2 pounds of SO2 per 
hour and Kiln # 2 shall meet a limit of 183.5 pounds of SO2 per 
hour. Each kiln shall only emit through its respective stack. The 
emission limits in this order supersede the limits established in 
Wisconsin Order 89-816036430-J01.
    2. Consent Order NWD-89-08 issued by the WDNR to CLM Corporation on 
December 20, 1989, which requires CLM has install Continuous Emission 
Monitors (CEMs) on the three kilns to monitor compliance with the kiln 
emission limits on a continuous, ongoing basis.
    3. New source permit 90-RV-091, issued by WDNR to CLM Corporation 
on June 2, 1993 for a synthetic minor construction permit. This permit, 
already incorporated into the SIP under the New Source Review program, 
set a new, lower emission limit for lime kiln # 3 of 310.7 lbs of 
SO2 per hour averaged over a three-hour period, a required control 
efficiency of 44.9 percent averaged over six months for kiln # 3, and a 
monthly emission cap of 103.14 tons per month averaged over three 
months for the entire facility. The permit also imposes requirements 
for monitoring and record keeping for the three kilns. The permit 
supersedes permit number MAN-10-SJK-81-160-161.

The State submitted the first of these measures to USEPA as a proposed 
revision to the SIP in November 24, 1992 and supplemented this 
submittal with additional materials on October 5, 1993 and December 9, 
1993. The State also provided technical support documentation including 
modeling, monitoring, and emissions data.

II. Evaluation of State Submission

A. Procedural Background

    Section 110(a)(2) of the Act provides that each implementation plan 
submitted by a State must be adopted after reasonable notice and public 
hearing. Section 110(l) similarly provides that each revision to an 
implementation plan submitted by a State under the Act must have been 
adopted by such State after reasonable notice and public hearing.
    On May 20, 1991, the State held a public hearing on Consent Order 
AM-91-816. When the source did not sign this order, the State issued 
the order unilaterally as Order AM-91-816A. The State provided public 
notice of the new source permit 90-RV-091 and opportunity for the 
public to request a hearing on this permit. No hearing was requested. 
These actions meet the Act's public notice requirements.
    The USEPA reviewed the proposed SIP revision to determine 
completeness in accordance with the completeness criteria set out at 40 
CFR part 51, appendix V. The USEPA found the submittal complete, and 
sent a letter confirming this finding to the governor's delegate on 
January 19, 1994.

B. SIP Requirements

    Under section 110 of the Act, a SIP must provide for 
implementation, maintenance and enforcement of the NAAQS. The SIP must 
document specific legally enforceable emission limits and/or equipment 
operating conditions and provide a modeling demonstration that shows 
these controls result in achievement of the NAAQS. In addition, there 
must be a demonstration that the affected sources are in full 
compliance with the SIP, or are on an enforceable schedule to achieve 
compliance within a very short time.
    As required, the permits and orders submitted by the State for this 
SIP revision include enforceable emissions limitations; they set hourly 
SO2 emission limits for all three kilns. The State will enforce 
the SIP under its existing air enforcement program and has provided 
documentation to USEPA of its authority to impose the control measures 
included in the SIP. Currently, CLM is in full compliance with the SIP.
    The USEPA technical analysis of the control measures and modeling 
is described in detail in USEPA's ``Revised Technical Review of 
Superior (Douglas County) State Implementation Plan for Control of 
Sulfur Dioxide Emissions,'' February 15, 1994, S. Breen to Files. Based 
on this analysis, USEPA finds the control measures in the proposed SIP 
revision are sufficient to maintain and enforce the SO2 NAAQS. The 
State's modeling meets USEPA guidance and predicts that the control 
measures contained in the SIP are sufficient to ensure maintenance of 
the NAAQS. Furthermore, as required in paragraph 110(a)(2)(D), the SIP 
protects the NAAQS in other States; Wisconsin's models show that the 
SO2 emissions are most concentrated in the immediate area of the 
source, and since the models show that allowable SO2 emissions 
would not interfere with local attainment of the NAAQS, it is clear 
that the emissions also would not interfere with any other State's 
attainment of the NAAQS.
    Based on its analysis of the State submittal, USEPA finds the 
proposed revision an appropriate and useful addition to the SIP.

C. Action

    The USEPA approves Wisconsin's Douglas County SO2 submittal of 
November 24, 1992 with supplements on October 5, 1993 and December 9, 
1993. With this action, USEPA incorporates State orders AM-91-816A and 
NWD-89-08 into the SIP, making these orders federally enforceable. 
State permit 90-RV-09, created under a federally approved New Source 
Review program (40 CFR 52.2570 (42)), is already federally enforceable.
    Because USEPA considers this action noncontroversial and routine, 
we are approving it without prior proposal. This action will become 
effective on October 24, 1994. However, if we receive adverse comments 
by September 23, 1994, USEPA will publish a document that withdraws 
today's action and will address all public comments in a subsequent 
final rule based on the proposal published in the proposal section of 
this Federal Register. The public comment period will not be extended 
or reopened.

III. Miscellaneous

A. Applicability to Future SIP Decisions

    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.

B. Executive Order 12866

    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), as revised by an October 4, 1993 
memorandum from Michael Shapiro, Acting Assistant Administrator for Air 
and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and 3 SIP revisions (as published at 54 FR 2222) 
from the requirements of section 3 of Executive Order 12291 for two 
years. The USEPA has submitted a request for a permanent waiver for 
Table 2 and Table 3 SIP revisions. The OMB has agreed to continue the 
waiver until such time as it rules on the USEPA's request. This request 
continued in effect under Executive Order 12866 which superseded 
Executive Order 12291 on September 30, 1993. OMB has exempted this 
regulatory action from E.O. 12866 review.

C. Regulatory Flexibility

    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.
    This approval does not create any new requirements. Therefore, I 
certify that this action does not have a significant impact on any 
small entities affected. Moreover, due to the nature of the Federal-
State relationship under the Act, preparation of the regulatory 
flexibility analysis would constitute Federal inquiry into the economic 
reasonableness of the State action. The Act forbids USEPA to base its 
actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
E.P.A., 427 U.S. 246, 256-66 (1976).

D. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 24, 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, Incorporation by 
reference, Sulfur oxides.

    Dated: May 23, 1994.
Valdas V. Adamkus,
Regional Administrator.

    For the reasons stated in the preamble, 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 YY--Wisconsin

    2. Section 52.2570 is amended by adding paragraph (c) (74) to read 
as follows:


Sec. 52.2570  Identification of plan.

* * * * *
    (c) * * *
    (74) On November 24, 1992, the State of Wisconsin requested a 
revision to the Wisconsin State Implementation Plan (SIP) to maintain 
the National Ambient Air Quality Standards for SO2 in Douglas 
County Wisconsin. Included were State orders and permits limiting 
emissions from CLM Corporation lime kilns and requiring Continuous 
Emission Monitoring Systems on these kilns.
    (i) Incorporation by reference.
    (A) Wisconsin Order AM-91-816A issued by WDNR to CLM Corporation on 
June 13, 1991. Wisconsin Administrative Order NWD-89-08 issued by the 
WDNR to CLM Corporation on December 20, 1989.
[FR Doc. 94-20740 Filed 8-23-94; 8:45 am]
BILLING CODE 6560-50-F