Air Plan Approval; Illinois; NAAQS Update
| Published date | 05 November 2019 |
| Citation | 84 FR 59527 |
| Record Number | 2019-24068 |
| Section | Rules and Regulations |
| Court | Environmental Protection Agency |
Federal Register, Volume 84 Issue 214 (Tuesday, November 5, 2019)
[Federal Register Volume 84, Number 214 (Tuesday, November 5, 2019)]
[Rules and Regulations]
[Pages 59527-59529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24068]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2019-0331; FRL-10001-88-Region 5]
Air Plan Approval; Illinois; NAAQS Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Illinois State implementation plan (SIP). The revision,
submitted on May 30, 2019, incorporates several revisions to the
Illinois air pollution control rules entitled ``Part 243--Ambient Air
Quality Standards'' related to the National Ambient Air Quality
Standards (NAAQS). The revision updates the ``List of Designated
Reference and Equivalent Methods'' in response to EPA rulemakings. In
addition, Illinois addresses EPA's revocation of the 1971 sulfur
dioxide and the 1978 lead NAAQS.
DATES: This final rule is effective on December 5, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2019-0331. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Charles Hatten, Environmental Engineer, at (312)
886-6031 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6031, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is being addressed in this document?
This rule acts on the May 30, 2019, request from the Illinois
Environmental Protection Agency to incorporate revisions to Title 35 of
the Illinois Administrative Code, Part 243--Air Quality Standards (Part
243). The background for today's action is discussed in detail in EPA's
proposal, dated August 15, 2019 (84 FR 41672).
II. What comments did we receive on the proposed action?
EPA provided a 30-day review and comment period for the August 15,
2019 proposed rule. The comment period ended on September 16, 2019. We
received no adverse comments on the proposed rule.
EPA did, however, receive one anonymous comment. The commenter was
unable to access the submission materials for the Illinois 2018 NAAQS
Update, R19-6, through the online docket at www.regulations.gov, and
[[Page 59528]]
therefore suggested the comment period be extended another 30 days.
According to the document information on www.regulations.gov, the
submission materials were posted on September 11, 2019. The comment was
posted on September 17, 2019. EPA's August 15, 2019 proposed rule
included contact information for the EPA Region 5 office, which could
have assisted the commenter with accessing or receiving the submission
materials, but EPA has no record of the commenter making such contact.
Furthermore, since the commenter did not explain (or provide a legal
basis for) how the final rule should differ in any way from the
proposed action, and made no specific mention of the substantive
aspects of the proposed action, the comment is not germane to this
rulemaking. Therefore, EPA will not extend comment period for another
30 days.
III. What action is EPA taking?
EPA is approving a revision to Part 243 of the Illinois SIP.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Illinois
regulations described in the amendments to 40 CFR part 52 below. EPA
has made, and will continue to make, these documents generally
available through www.regulations.gov and at the EPA Region 5 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the Clean Air Act
(CAA) as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not expected to be an Executive Order 13771 (82 FR
9339, February 2, 2017) regulatory action because this action is not
significant under Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 6, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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) of the CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic compounds.
Dated: October 24, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.720, the table in paragraph (c) is amended by revising
the entries ``243.108'', ``243.120'', ``243.122'', ``243.125'', and
``243.126'' to read as follows:
Sec. 52.720 Identification of plan.
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(c) * * *
[[Page 59529]]
EPA-Approved Illinois Regulations and Statutes
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State
Illinois citation Title/subject effective date EPA approval date Comments
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Subchapter I: Air Quality Standards and Episodes
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Part 243: Air Quality Standards
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Subpart A: General Provisions
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* * * * * * *
243.108.......................................... Incorporation by 2/19/2019 11/5/2019, [insert Federal
Reference. Register citation].
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Subpart B: Standards and Measurements
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243.120.......................................... PM10 and PM2.5.......... 2/19/2019 11/5/2019, [insert Federal
Register citation].
243.122.......................................... Sulfur Oxides (Sulfur 2/19/2019 11/5/2019, [insert Federal
Dioxide). Register citation].
* * * * * * *
243.125.......................................... Ozone................... 2/19/2019 11/5/2019, [insert Federal
Register citation].
243.126.......................................... Lead.................... 2/19/2019 11/5/2019, [insert Federal
Register citation].
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[FR Doc. 2019-24068 Filed 11-4-19; 8:45 am]
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