[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Rules and Regulations]
[Pages 30770-30772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12203]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0540; FRL-9805-5]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Air Quality Standards Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a revision to the Illinois state
implementation plan (SIP) to reflect current National Ambient Air
Quality Standards (NAAQS) for ozone and particulate matter (PM). EPA is
approving a revision to add new incorporations by reference associated
with current ozone, lead, and particulate matter NAAQS into the
Illinois SIP. EPA is also approving revisions that amend typographical
errors in the Illinois SIP.
DATES: This direct final rule will be effective July 22, 2013, unless
EPA receives adverse comments by June 24, 2013. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0540, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-Mail: [email protected].
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0540. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy 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 Anthony Maietta, Environmental
Protection Specialist, at (312) 353-8777 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
II. Contents of Illinois' Submittal
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
Today's action updates the Illinois SIP to reflect current ozone
and PM NAAQS promulgated by EPA. On July 18, 1997 (62 FR 38856), EPA
published a final rule that established NAAQS for ozone measured as a
daily maximum eight hour concentration of 0.08 parts per million (ppm),
based on the three year average of the fourth highest daily eight hour
value recorded during each calendar year. The eight hour NAAQS replaced
the one hour ozone NAAQS, however, the one hour ozone designations and
classifications were retained to comply with anti-backsliding
obligations. On April 30, 2004 (69 FR 23951), EPA published the first
phase of its final rule to implement the eight hour ozone NAAQS and
revoke the one hour ozone NAAQS. At the same time, EPA also published
eight hour ozone designations for all areas of the country (69 FR
23858, April 30, 2004). On August 3, 2005 (70 FR 44470), EPA published
a final rule that revoked the one hour ozone NAAQS. On July 11, 2007
(72 FR 37818), EPA proposed to strengthen the NAAQS for ozone by
revising the level of the eight hour standard to a level within the
range of 0.070 to 0.075 ppm daily maximum eight hour concentration,
based on the three year average of fourth highest daily eight hour
value recorded during each calendar year. On March 27, 2008,
[[Page 30771]]
EPA published a final rule that revised the NAAQS for ozone (73 FR
16436). In that action, EPA established both the primary and secondary
eight hour ozone NAAQS to be 0.075 ppm, expressed in three decimal
places.
On November 12, 2008, EPA published a final rule (73 FR 66964) that
updated the primary and secondary NAAQS for lead to be 0.15 micrograms
per cubic meter ([mu]g/m\3\). The rule also revised the averaging time
for lead to be a rolling three month period with a maximum form that is
evaluated over a three year period. Finally, the rule revised data
handling procedures, including ambient air monitoring and reporting
requirements.
On July 18, 1997 (62 FR 38652), EPA published a final rule that
added NAAQS for particulate matter of 2.5 microns or less in diameter
(PM2.5) by revising the annual PM2.5 standard to
15 [mu]g/m\3\, based on the 3-year average of annual arithmetic mean
PM2.5 concentrations at each monitor in an area, and by
revising the one hour PM2.5 standard to 65 [mu]g/m\3\ based
on the three year average of the 98th percentile of 24 hour
PM2.5 concentrations at each monitor in an area. On October
17, 2006 (71 FR 61143), EPA revised the 24 hour PM2.5
standard to 35 [mu]g/m\3\, based on the three year average of the 98th
percentile of 24 hour PM2.5 concentrations at each monitor
in an area. In the same notice, EPA revoked the annual NAAQS for PM of
10 microns or less in diameter (PM10).
On June 20, 2012, the Illinois Environmental Protection Agency
(IEPA) submitted a request for EPA to approve revisions to its SIP that
amend part 243 of title 35 of the Illinois Administrative Code (35 IAC
part 243) to reflect current ozone and PM NAAQS, and to correct
typographical errors. The submittal also requests that EPA approve
corrections to 35 IAC part 217.388 and 35 IAC part 233.305, based on
comments received during public hearings held by IEPA for the
amendments to 35 IAC part 243.
II. Contents of Illinois' Submittal
The contents of Illinois' submittal are discussed in detail in our
technical support document (TSD) contained in the docket for this
rulemaking. To read the TSD, follow the instructions for viewing the
docket at the beginning of this notice.
In summary, Illinois' submittal requests that EPA approve
amendments to 35 IAC parts 217, 223, and 243 into the Illinois SIP.
Illinois revised 35 IAC part 243 by updating the definitions of ozone
and particulate matter NAAQS to match the current NAAQS for these
pollutants. The revision to 35 IAC part 243 also updates incorporations
by reference to match current techniques, methods, reference methods,
and interpretations of NAAQS for criteria pollutants. The amendments to
35 IAC part 243 are approvable.
The amendments to 35 IAC parts 217 and 223 contained in the June
20, 2012, submittal have been amended further and submitted to EPA in
subsequent submittals, which we have acted on. For this reason EPA is
taking no action on these parts of 35 IAC parts 217 and 233 at this
time.
III. What action is EPA taking?
EPA is approving into the Illinois SIP amendments and additions to
the following sections of 35 IAC part 243 contained in the June 20,
2012, submittal: sections 243.101, 243.104, 243.107, 243.108, 243.120,
243.122, 243.125, and 243.126. EPA is taking no action on amendments to
35 IAC parts 217 and 223.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective July 22, 2013
without further notice unless we receive relevant adverse written
comments by June 24, 2013. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective July
22, 2013.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
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 Clean Air Act.
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 Order
12866 (58 FR 51735, October 4, 1993);
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 Clean Air Act; 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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
[[Page 30772]]
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 22, 2013. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Intergovernmental relations, Lead, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: April 12, 2013.
Susan Hedman,
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. Section 52.720 is amended by adding paragraph (c)(195) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(195) On June 20, 2012, Illinois submitted an amendment to its
State Implementation Plan at 35 Illinois Administrative Code part 243,
which updates National Ambient Air Quality Standards for ozone, lead,
and particulate matter while correcting various errors in the plan.
(i) Incorporation by reference. Illinois Administrative Code; Title
35: Environmental Protection; Subtitle B: Air Pollution; Chapter I:
Pollution Control Board; Subchapter l: Air Quality Standards And
Episodes; Part 243: Air Quality Standards; Sections 243.101
Definitions, 243.104 Nondegradation, 243.107 Reference Conditions,
243.108 Incorporations by Reference, 243.120 PM10 and
PM2.5, 243.122 Sulfur Oxides (Sulfur Dioxide), 243.125 8-
Hour Ozone, and 243.126 Lead; effective October 25, 2011.
[FR Doc. 2013-12203 Filed 5-22-13; 8:45 am]
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