[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