16704 Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL 150; FRL–5804–2]

Approval and Promulgation of

Implementation Plan; Illinois

AGENCY: Environmental Protection

Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: In this action USEPA is

approving the State Implementation

Plan (SIP) revision request submitted by

the Illinois Environmental Protection

Agency (IEPA) on August 15, 1996. In

the August 15 request, IEPA requested

that the Marathon Oil Company in

Robinson, Illinois be granted a carbon

monoxide (CO) variance with specified

conditions beginning January 19, 1996,

and ending August 4, 1997. This

variance exempts the Marathon Oil

Company from the emission limits

specified in the relevant CO SIP

approved May 31, 1972 and revised

February 21, 1980, thereby allowing its

fluid bed catalytic cracking unit (FCCU)

to emit 300 parts per million (ppm) of

CO corrected for 50 percent excess air

(Corrected) instead of the SIP emission

limit of 200 ppm Corrected. The

conditions require that the Marathon Oil

Company utilize all means possible to

minimize emissions and implement a

plan of compliance submitted as part of

the SIP revision. In this action, USEPA

is approving the requested SIP revision

through a ‘‘direct final’’ rulemaking; the

rationale for this approval is set forth

below. Elsewhere in this Federal

Register, USEPA is proposing approval

and soliciting comment on this direct

final action; if adverse comments are

received, USEPA will withdraw the

direct final and address the comments

received in a new final rule; otherwise,

no further rulemaking will occur on this

requested SIP revision. The USEPA is

approving this SIP revision request

because modeling shows that the

emission limits are adequate to protect

the CO national ambient air quality

standards (NAAQS).

DATES: This action is effective on June

9, 1997, unless USEPA receives adverse

or critical comments by May 8, 1997. If

the effective date is delayed, timely

notification will be published in the

Federal Register.

ADDRESSES: Written comments should

be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the State submittal and

USEPA’s analysis of it are available for

inspection at: Regulation Development

Section, Air Programs Branch (AR–18J),

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Ryan Bahr, Environmental Engineer,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, (312) 353–4366.

SUPPLEMENTARY INFORMATION:

I. Background

The Marathon Oil Company is located

in Crawford County, Illinois which is

designated attainment for CO (See 40

CFR 81.314). On May 31, 1972 (37 FR

10862) the USEPA approved the ‘‘State

of Illinois Air Pollution Implementation

Plan’’ as the Illinois SIP. On February

21, 1980, the USEPA approved revisions

to the SIP, incorporating section 216.361

in Title 35 of the Illinois Administrative

Code (35 IAC 216.361) as part of the

Illinois SIP (45 FR 11472). The SIP

limits petroleum and petrochemical

processes to emit no more than 200 ppm

Corrected of CO. The FCCU operated by

the Marathon Oil Company is such a

petroleum process and therefore cannot

legally emit CO in excess of this limit.

On August 4 and 5 of 1993, stack tests

showed the FCCU at the Marathon Oil

Company to be emitting above the 200

ppm limit. The State issued a

Compliance Inquiry Letter (CIL) on

March 2, 1995, concerning the stack

tests. The Marathon Oil Company then

performed a test on March 14, finding

the FCCU to be emitting less than 200

ppm Corrected. The USEPA issued a

notice of violation (NOV), concerning

the 1993 test results, on April 13, 1995.

Then, on May 23, 1995, the Marathon

Oil Company filed a petition with the

State for a variance from 35 IAC. Adm.

Code § 216.361(a).

On May 16, 1996, Illinois approved

the variance for the period beginning on

January 19, 1996, and ending August 4,

1997, as Illinois Pollution Control Board

Variance 95–150 (PCB 95–150). The

effective date of the Variance was

January 19, 1996. A plan of compliance

was also approved as part of that

variance.

IEPA submitted the variance as a SIP

revision request on August 15, 1996.

The USEPA found the submittal to be

complete in a completeness letter to

IEPA on December 20, 1996.

II. Analysis of State Submittal

What Illinois designates as a variance

can be considered for a SIP revision if

there is evidence that no exceedances of

the NAAQS would occur under the

variance, and the applicable prevention

of significant deterioration (PSD)

requirements are acceptably addressed.

A. Air Quality Modeling

In support of the SIP revision request

and to show the CO NAAQS to be

protected, IEPA submitted dispersion

modeling performed by a contractor for

the Marathon Oil Company. The basic

study entitled ‘‘Screening Modeling of

Air Emissions from the CO Boiler

Bypass Stack at Robinson’’ was

completed May 9, 1994, and was the

only analysis submitted with the

original request. The USEPA requested

a more detailed report and was supplied

with an attachment on October 3, 1996,

which was inadvertently omitted from

the revision request. This report entitled

‘‘Atmospheric Dispersion Modeling of

Carbon Monoxide Emissions from the

CO Boiler at the Robinson Refinery’’ had

been completed on May 1, 1995.

The analysis used The Industrial

Source Complex—Short Term Model to

calculate maximum downwind

concentrations of CO for several

scenarios. The highest ambient

concentration resulting from an effluent

concentration of 300 ppm was .03 ppm

on a one hour average basis and .007

ppm on an eight hour averaging basis.

The NAAQS for CO are 35 ppm on a one

hour averaging basis and 9 ppm for an

8 hour averaging basis. This modeling

was reviewed by the USEPA and was

found to be acceptable and

demonstrates that no exceedances of the

NAAQS would occur under a CO

emission limit of 300 ppm.

B. Prevention of Significant

Deterioration

The Marathon Oil Company’s FCCU

was constructed in 1975, prior to the

promulgation of PSD rules. The original

permit was not a PSD permit and the

original capacity or potential to emit,

has not changed since the original

construction. Therefore, PSD does not

apply.

C. Test Methods

Illinois’ August 15, 1996, submittal

did not include revisions to or

discussion of compliance test methods.

The current SIP, which includes

Crawford County limits and selected

test methods that were simultaneously

approved on May 31, 1972 (37 FR

10862), applies the stack test method in

35 IAC § 216.101 as the reference test

method for evaluating compliance with
Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Rules and Regulations 16705

the Crawford County limits. The State’s

recent submittal did not request

revisions to the applicable test methods.

This indicates that the SIP continues to

apply the test methodology in 35 IAC

§ 216.101 as the applicable reference

test method for all of Crawford County’s

sources.

D. Plan of Compliance

The plan of compliance calls for

revising the refinery gas burners,

inspection and repair of the damper

controls, installation of a flame

temperature measuring devise, burner

improvements, and boiler testing and

optimization, all to be concluded before

June 14, 1997. The USEPA realizes that

this plan has the potential for

decreasing CO emissions and the

Marathon Oil Company shall implement

the plan as written. However, the plan

does not demonstrate that it will

achieve compliance, and is therefore

considered as routine maintenance

measures and not a compliance plan.

The implementation of the plan does

not exempt the Marathon Oil Company

from any regulations which apply to the

facility.

III. USEPA’s Rulemaking Action

USEPA is approving the SIP revision

request submitted by the IEPA on

August 15, 1996, which grants the

Marathon Oil Company in Robinson,

Illinois a CO variance with specified

conditions beginning January 19, 1996,

and ending August 4, 1997. Dispersion

modeling has shown the CO emission

limit of 300 ppm to be protective of the

NAAQS and is therefore approved. This

site-specific SIP revision consists of

variance PCB 95–150, which was

adopted on May 16, 1996, and became

effective on January 19, 1996. This is a

variance from section 35 IAC 216.361(a)

as it applies to the Marathon Oil

Company’s fluid bed catalytic cracking

unit.

The USEPA is publishing this action

without prior proposal because USEPA

views this as a noncontroversial

revision and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the USEPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective on June 9, 1997,

unless, by May 8, 1997, adverse or

critical comments are received.

If the USEPA receives such

comments, this action will be

withdrawn before the effective date by

publishing a subsequent rulemaking

that will withdraw the final action. All

public comments received will be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. The USEPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time. If no such comments are

received, the public is advised that this

action will be effective on June 9, 1997.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995, memorandum from Mary D.

Nichols, Assistant Administrator for Air

and Radiation. The Office of

Management and Budget has exempted

this regulatory action from Executive

Order 12866 review.

B. Regulatory Flexibility

Under the Regulatory Flexibility Act,

5 U.S.C. section 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. sections 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.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

(Act) do not create any new

requirements, but simply approve

requirements that the State is already

imposing. Therefore, because the

Federal SIP approval does not impose

any new requirements, the

Administrator certifies that it 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 a

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. EPA., 427 U.S.

246, 256–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, USEPA

must undertake various actions in

association with any proposed or final

rule that includes a Federal mandate

that may result in estimated costs to

state, local, or tribal governments, or to

the private sector, in the aggregate of

$100 million or more. This Federal

action approves pre-existing

requirements under state or local law,

and imposes no new requirements.

Accordingly, no additional costs to

state, local, or tribal governments, or the

private sector, result from this action.

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 June 9, 1997. 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, Carbon monoxide,

Intergovernmental relations, Reporting

and record keeping requirements.

Dated: March 19, 1997.

David A. Ullrich,

Acting 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.

2. Section 52.729 is added to read as

follows:

§ 52.729 Control strategy: Carbon

monoxide.

The following source specific

emission controls are approved: (a)

Approval—On August 15, 1996, the

Illinois Environmental Protection

Agency requested that the Marathon Oil

Company in Robinson, Illinois be
16706 Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Rules and Regulations

granted a carbon monoxide (CO) state

implementation plan (SIP) revision with

specified conditions. This SIP revision

limits the Marathon Oil Company’s CO

emissions from its fluid bed catalytic

cracking unit CO boiler to be no more

than 300 parts per million of CO

corrected for 50 percent excess air

beginning January 19, 1996, and ending

August 4, 1997. The variance became

effective January 19, 1996. The SIP

revision request satisfies all applicable

requirements of the Clean Air Act.

(b) [Reserved]

[FR Doc. 97–8898 Filed 4–7–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5806–5]

National Oil and Hazardous

Substances Pollution Contingency

Plan National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of partial deletion of the

Geneva Industries Superfund Site from

the National Priorities List.

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

a portion of the Geneva Industries Site

(Site) in Houston, Texas, from the

National Priorities List (NPL). The

portion to be deleted (Source Control

Portion of the Site) is described below.

The NPL is Appendix B of 40 CFR part

300 which is the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP), which EPA

promulgated pursuant to Section 105 of

the Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980, as amended (CERCLA).

EPA and the State of Texas have

determined that all appropriate Fundfinanced responses under CERCLA have

been implemented and that no further

cleanup by responsible parties is

appropriate. Moreover, EPA and the

State of Texas have determined that

remedial actions conducted at the Site

to date have been protective of public

health, welfare, and the environment.

EFFECTIVE DATE: May 8, 1997.

FOR FURTHER INFORMATION CONTACT:

Ernest R. Franke, Remedial Project

Manager, US EPA, Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

(214) 665–8521.

SUPPLEMENTARY INFORMATION: The site

portion to be deleted from the NPL is a

portion (Source Control Portion) of the

Geneva Industries Superfund Site,

Houston, Texas. The Source Control

Portion of the Site consists of the first

seven components of the eight remedial

action components of the Record of

Decision (ROD) for the Site. The Source

Control Portion of the Site includes: (1)

Removal and disposal of all surface

faacilities, (2) plugging and abandoning

unnecessary monitoring wells, (3)

excavation of 22,500 cubic yards of soils

contaminated with greater than one

hundred parts per million

polychlorinated biphenyls, (4)

excavation of all drums buried onsite,

(5) disposal of excavated material in an

EPA-approved offsite facility, (6)

construction of a slurry wall barrier

around the Site with a pressure relief

well system, and (7) construction of a

permanent protective cap across the Site

surface. This partial deletion does not

include the eighth ROD remedial action

component (Ground Water Portion of

the Site), which will remain on the NPL

with remedial activities continuing for

the ground water system operation. The

Ground Water Portion of the Site

consists of recovery and treatment of

trichloroethylene contaminated ground

water in the thirty-foot and onehundred-foot sands. A Notice of Intent

for Partial Deletion of this Site was

published in the Federal Register on

October 31, 1996, (61 FR 56194). The

closing date for public comment was

December 2, 1996. EPA received no

comments during the comment period.

EPA identifies sites which appear to

present a significant risk to public

health, welfare, or the environment and

maintains the NPL as a list of the most

serious of those sites. Sites on the NPL

may be the subject of remedial response

actions financed using the Hazardous

Substance Response Trust Fund (Fund).

Any site deleted from the NPL remains

eligible for Fund-financed remedial

actions in the unlikely event that

conditions at the site warrant such

action. Section 300.425(e)(3) of the NCP

provides that in the event of a

significant release from a site deleted

from the NPL the site shall be restored

to the NPL without application of the

Hazard Ranking System. Deletion of a

site from the NPL does not affect

responsible party liability or impede

agency efforts to recover costs

associated with response actions.

List of Subjects in 40 CFR Part 300

Environmental protection, Hazardous

waste.

Dated: February 28, 1997.

Pamela Phillips,

Acting Regional Administrator, U.S.

Environmental Protection Agency, Region 6.

For the reasons set out in the

preamble, 40 CFR part 300 is amended

as follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp., 351; E.O. 12580; 52 FR 2923, 3

CFR, 1987 Comp., p. 193.

2. Table 1 of Appendix B to part 300

is amended by revising the entry for

‘‘Geneva Industries/Fuhrmann Energy’’,

Houston, Texas to read as follows:

Appendix B to Part 300—National

Priorities List

TABLE 1.—GENERAL SUPERFUND SECTION

State Site name City/county Notes

* * * * * * *

TX ..................... Geneva Industries/Fuhrmann Energy ........................................................................................ Houston ............ P

* * * * * * *

Notes: * * *

P = Sites within partial deletion(s).