[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Rules and Regulations]
[Pages 37517-37520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13700]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0009; EPA-R05-OAR-2015-0314; FRL-9946-80-Region 5]
Air Plan Approval; Illinois; NAAQS Updates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving revised
rules submitted by the State of Illinois as State Implementation Plan
(SIP) revisions. The submitted rules update Illinois' ambient air
quality standards to include the 2012 primary National Ambient Air
Quality Standard (NAAQS) for fine particulate matter
(PM2.5), add EPA-promulgated monitoring methods, and address
the ``sunset provisions'' in our regulations. In addition, the revised
rules contain the timing requirements for the ``flagging of exceptional
events'' and the submitting of documentation supporting the
determination of exceptional events for the 2012 primary annual
PM2.5 standard.
DATES: This direct final rule will be effective August 9, 2016, unless
EPA receives adverse comments by July 11, 2016. If adverse comments are
received by EPA, 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-2015-0009 or EPA-R05-OAR-2015-0314 at http://www.regulations.gov or
via email to [email protected]. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. For either manner of submission, EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Edward Doty, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6057, [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. When and why did the State make these submittals?
II. What are the State rule revisions?
A. April 23, 2015, Submittal--Rule Revision Group R14-06
B. December 18, 2014, Submittal--Rule Revision Group R14-17
III. Did the State hold public hearings for these submittals?
IV. What is EPA's analysis of the State's submittals?
V. What action is EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. When and why did the State make these submittals?
Section 109 of the Clean Air Act (CAA) requires EPA to establish
national primary (protective of human health) and secondary (protective
of human welfare) air quality standards for pollutants for which air
quality criteria have been issued under Section 108 of the CAA (the
criteria pollutants \1\). Individually and collectively these standards
are referred to as NAAQS. Section 109(d)(1) of the CAA requires EPA to
review, and if necessary, based on accumulated health and welfare data,
to revise each NAAQS every five years. If a NAAQS is revised, states
whose rules include state air quality standards may revise their rules
to address the revised NAAQS and associated monitoring requirements,
and submit them to EPA as SIP revision requests. See, e.g., 415 ILCS 5/
10(H).
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\1\ The criteria pollutants are ozone (O3), nitrogen
oxides (represented by nitrogen dioxide (NO2)), sulfur
oxides (represented by sulfur dioxide (SO2)), carbon
monoxide (CO), particulate matter (represented by total suspended
particulates (TSP), particulates (PM10), and fine
particulates (PM2.5)), and lead (Pb). Note that Illinois
also has air quality standard and monitoring rules for ``coarse
particulate matter'' (PM2.5-10), although this is not a
criteria pollutant and is generally considered to be included in
PM10.
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On December 18, 2014, the Illinois Environmental Protection Agency
(IEPA) submitted to EPA for approval as SIP revisions updates to the
methods used by Illinois to monitor air quality for several NAAQS.
These updates correspond to EPA's revised monitoring methods
promulgated during the period of July 1, 2013, through December 31,
2013. The Illinois Pollution Control Board (IPCB) adopted these rule
revisions on June 5, 2014, as rule revision group R14-17.
On April 23, 2015, IEPA submitted to EPA for approval as SIP
revisions an additional update to include the 2012 primary annual and
24-hour PM2.5 NAAQS and a provision incorporating by
reference EPA-promulgated monitoring methods. These rule updates
correspond to the NAAQS and monitoring methods promulgated by EPA
during the period of January 1, 2013, through June 30, 2013, and on
July 3, 2013, and August 5, 2013. This state submittal also addressed
the ``sunset provisions'' of 40 CFR 50.4(e), finding that the 1971
NAAQS for sulfur dioxide (SO2) no longer applies to the
Lemont and Pekin areas in Illinois. Finally, the revised rules contain
the timing requirements for the ``flagging of exceptional events'' and
the submitting of documentation supporting the determination of
exceptional events for the 2012 primary annual PM2.5
standard. The IPCB adopted these rule revisions on September 5, 2013,
as rule revision group R14-6.
II. What are the State rule revisions?
A. April 23, 2015, Submittal--Rule Revision Group R14-06
The rule revisions contained in the April 23, 2015 submittal are
summarized below.
[[Page 37518]]
35 IAC 243.107. Reference Conditions
Illinois amended this section to apply applicable monitoring
requirements to the 2012 primary annual and 24-hour PM2.5
NAAQS, which Illinois codified at 35 IAC 243.120(d). Volume 35 of the
Illinois Administrative Code section 243.107 (35 IAC 243.107) sets
forth the reference air temperature and reference pressure measurements
to determine air quality concentrations of monitored air pollutants,
and mirrors the requirements of title 40 of the Code of Federal
Regulations (CFR) 50.3. Among other things, this section requires that
measurements of PM2.5 must be reported based on actual
ambient air volume measured at actual temperature and pressure at the
monitoring site. See also the discussion of 35 IAC 243.120(d), below.
35 IAC 243.108. Incorporations by Reference
Illinois updated 35 IAC 243.108 to incorporate by reference the
2013 versions of appendices A-1, A-2, B, C, D, F, G, H, I, J, K, L, N,
O, P, Q, R, S, and T of 40 CFR part 50. These appendices contain the
reference monitoring methods for and the ``interpretation'' of (i.e.,
data handling conventions and computations) the ambient standards for
the criteria air pollutants.
EPA made two changes in the 2013 versions of these appendices
relative to the 2012 versions. First, EPA revised the appendix G
reference method for the determination of lead in suspended particulate
matter (78 FR 40000, July 3, 2013). Second, EPA revised appendix N for
the data handling conventions and computations necessary for
determining when the primary and secondary NAAQS for PM2.5
are met. 78 FR 3086, 3277-3281 (January 15, 2013). Illinois' rule
revisions incorporate by reference these amended CFR appendices.
Additionally, Illinois references an August 5, 2013, (78 FR 47191)
EPA Federal Register document as revising appendix N of 40 CFR part 50.
However, EPA's August 5, 2013 Federal Register document establishes
area designations for the 2010 SO2 primary NAAQS, and does
not address or relate to appendix N. Therefore, this rule revision
contains an incorrect reference to EPA rulemaking, and is further
discussed in Section IV, below.
35 IAC 243.120. PM10 and PM2.5
Illinois added Subsection (d) to incorporate EPA's 2012 primary
annual and 24-hour NAAQS for PM2.5. These revised
PM2.5 standards include an annual average level of 12
micrograms per cubic meter and a 24-hour average level of 35 micrograms
per cubic meter. See 78 FR 3086 (January 15, 2013).
Consistent with 40 CFR 50.13, this section also requires that the
revised PM2.5 standards be measured by either a Federal
Reference Method (FRM) based on appendix L of 40 CFR part 50,
incorporated by reference in 35 IAC 243.108, or a Federal Equivalent
Method (FEM) designated by EPA in accordance with 40 CFR part 53 and
listed in EPA's ``List of Designated Reference and Equivalent
Methods,'' which is also incorporated by reference in 35 IAC
243.108.\2\ See http://www3.epa.gov/ttnamti1/files/ambient/criteria/reference-equivalent-methods-list.pdf.
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\2\ The ``List of Designated Reference and Equivalent Methods''
is an EPA Web page that lists all FRMs and FEMs by pollutant and
documents the Federal rulemakings that promulgated the monitoring
methods. Other than the Federal Register notices for these
rulemakings, it is the only comprehensive source of FEMS designated
by EPA.
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35 IAC 243.122. Sulfur Oxides (Sulfur Dioxide)
Illinois amended the IPCB Board Note in subsection (a)(5) to
address the ``sunset provisions'' in 40 CFR 50.4(e). Under 40 CFR
50.4(e), the 1971 primary annual and 24-hour NAAQS for SO2
no longer apply to the Lemont and Pekin areas, effective October 4,
2014, because: (1) One year has passed since EPA designated these areas
as nonattainment for the 2010 primary 1-hour SO2 NAAQS,
effective October 3, 2013; (2) these areas were not designated as
nonattainment for the 1971 SO2 NAAQS as of June 22, 2010;
and (3) there has not been a SIP call for the 1971 SO2 NAAQS
for these areas. See 75 FR 47191 (August 5, 2013). The 1971
SO2 NAAQS continues to apply for other areas in Illinois
until these areas meet the sunset provisions specified in 40 CFR
50.4(e).
35 IAC 243. Table A. Schedule of Exceptional Event Flagging and
Documentation Submission for New or Revised NAAQS
Illinois has amended Table A to add the flagging deadlines by year
for the 2012 annual PM2.5 standard adopted in 2012 and
promulgated on January 15, 2013 (78 FR 3086). For PM2.5 data
collected in 2010 and 2011, the exceptional events were required to be
flagged and described by July 1, 2013, and supported by complete
documentation by December 12, 2013. For PM2.5 data collected
in 2012, the exceptional events were required to be flagged and
described by July 1, 2013, and supported by complete documentation by
December 12, 2013. For PM2.5 data collected in 2013, the
exceptional events were required to be flagged and described by July 1,
2014, and supported by complete documentation by August 1, 2014. The
flagging and demonstration submittal deadlines are the same as the
deadlines provided in Table 1 in 40 CFR 50.14.
Table A lists the deadlines for exceptional event flagging and
documentation of such flagging by pollutant standard. Under 40 CFR
50.14, a state may request that EPA exclude data showing violations or
exceedances of the NAAQS from air quality determinations if the state
can demonstrate to EPA's satisfaction that these violations or
exceedances were due to exceptional events unlikely to reoccur and
cause additional violations of the NAAQS at any monitoring site. Where
such an event has occurred, the state may flag air quality data
affected by the event and request that EPA approve the exclusion of
these data from further air quality determinations, including
designation of nonattainment areas and assessment of air quality data
used for purposes of redesignation to attainment. The criteria for
approval of exceptional event exclusion are given in 40 CFR 50.14(b)
and the schedule and procedures for data flagging by the state are
discussed in 40 CFR 50.14(c).
B. December 18, 2014, Submittal--Rule Revision Group R14-17
The rule revisions contained in the December 18, 2014, submittal
are summarized below.
35 IAC 243.108. Incorporations by Reference
Illinois revised this section to incorporate by reference EPA's
updated ``List of Designated Reference and Equivalent Methods'' from
June 27, 2013, to December 17, 2013. On December 17, 2013, EPA issued
an updated version of the ``List of Designated Reference and Equivalent
Methods'' that includes five new FEMs for monitoring of
PM10, PM2.5-10, PM2.5, and oxides of
nitrogen (NOx) promulgated by EPA. See 78 FR 67360 (November
12, 2013). More specifically, EPA promulgated the following FEMs: (1)
For PM2.5-10, Automated Equivalent Method EQPM-1013-207
(``Thermo Scientific TEOM[supreg] 1405-Dichotomous Ambient Particulate
Monitor with FDMS''); (2) for PM10, Automated Equivalent
Method EQPM-1013-208 (``Thermo Scientific TEOM[supreg] 1405-Dichotomous
Ambient Particulate Monitor with FDMS''); (3) for PM2.5,
Automated Equivalent Method EQPM-1013-209 (``Met One BAM-1022 Real Time
Beta Attenuation Mass Monitor-
[[Page 37519]]
Outdoor PM2.5 FEM Configuration'') and Automated Equivalent
Method EQNA-1013-210 (``Environment S.A. Model MP101M PM2.5
Beta Attenuation Monitor''); and (4) for NOx, Automated
Equivalent Method EQNA-1013-210 (``Environment S.A. Model AS32M cavity
attenuated phase shift spectroscopy Nitrogen Dioxide Analyzer'').
Illinois also added a statement to 35 IAC 243.108 that the
incorporation by reference of EPA's promulgated monitoring methods
``does not include USEPA methods approvals that occurred after December
17, 2013.''
III. Did the State hold public hearings for these submittals?
Illinois held a public hearing for the rule changes discussed in
the December 18, 2014, submittal (R14-17) on May 7, 2014. Illinois held
a public hearing for the rule revisions discussed in the April 23,
2015, submittal (R14-6) on October 31, 2013. The state received one
comment for the R14-6 rule revisions in support of adoption of the
proposed rule revisions.
IV. What is EPA's analysis of the State's submittals?
EPA finds the state's requested SIP revisions to be acceptable
because the state's rule revisions make the state's air quality
standards and associated monitoring requirements identical-in-substance
to EPA's promulgated NAAQS and monitoring methods, as revised through
December 17, 2013.
Additionally, EPA finds that the specified exceptional event
flagging and demonstration submittal deadlines are acceptable because
they are consistent with the deadlines in 40 CFR 50.14.
EPA also agrees with Illinois' application of the ``sunset
provisions'' in 40 CFR 50.4(e) to the Lemont and Pekin areas. EPA has
designated the Lemont and Pekin areas as nonattainment for the 2010
SO2 NAAQS, which means that Illinois must submit a
regulation for SIP approval that meets Federal requirements and that
provides for attainment of the 2010 SO2 NAAQS in these areas
no later than October 4, 2018. The 1971 SO2 NAAQS no longer
applies to the Lemont and Pekin areas because EPA designated the Lemont
and Pekin areas as nonattainment for the 2010 SO2 NAAQS,
these areas were not designated as nonattainment for the 1971
SO2 NAAQS as of June 22, 2010, and there has not been a SIP
call for the 1971 SO2 NAAQS. See 78 FR 47192.
Finally, as discussed above, the state's rule revisions to 35 IAC
243.108 incorrectly cite an August 5, 2013 EPA rulemaking at 78 FR
47191 as amending appendix N to 40 CFR part 50. Appendix N sets forth
the data handling and computational requirements needed to demonstrate
compliance with the 2012 PM2.5 NAAQS. The August 5, 2013,
EPA rulemaking establishes area designations for the 2010
SO2 NAAQS, but does not amend appendix N to 40 CFR part 50.
Although this citation is incorrect, we are still approving the
submission because Illinois has also incorporated by reference the 2013
version of appendix N to 40 CFR part 50 at 35 IAC 243.108. Appendix N,
as codified in the CFR, contains the reference monitoring methods for
SO2 under the 2010 NAAQS and does not contain a citation to
the August 5, 2013, EPA rulemaking. Therefore, it is unlikely that the
public would be confused when determining the applicable data handling
and computational requirements to demonstrate compliance with the 2012
PM2.5 NAAQS. Illinois should correct this incorrect citation
in a subsequent rule revision, but it does not appear to present any
implementation or enforcement issues for the state or EPA.
V. What action is EPA taking?
EPA is approving the submitted rule revisions as revisions of the
Illinois SIP. Specifically, we are approving 35 IAC sections 243.107,
243.108, 243.120, 243.122, and 243.Table A revised as discussed above,
and we are incorporating by reference these revised rules into the
Illinois SIP.
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 August 9, 2016
without further notice unless we receive relevant adverse written
comments by July 11, 2016. 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 August 9, 2016.
VI. 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 set forth
below. EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).
VII. 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);
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);
[[Page 37520]]
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 August 9, 2016. 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 this 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur dioxide.
Dated: May 10, 2016.
Robert A. Kaplan,
Acting 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)(208) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(208) On December 18, 2014, and April 23, 2015, Illinois submitted
amendments to its State Implementation Plan at 35 Illinois
Administrative Code part 243, which updates Illinois air quality
standards to reflect National Ambient Air Quality Standards promulgated
by EPA through December 17, 2013, and incorporates Federal test
procedures for these pollutants.
(i) Incorporation by Reference. (A) Illinois Administrative Code
Title 35: Environmental Protection; Subtitle B: Air Pollution; Chapter
I: Pollution Control Board; Subchapter I: Air Quality Standards And
Episodes; Part 243: Air Quality Standards; Sections 243.107 Reference
Conditions, 243.120 p.m.10 and PM2.5, 243.122
Sulfur Oxides (Sulfur Dioxide), and 243.Table A Schedule of Exceptional
Event Flagging and Documentation Submission for New or Revised NAAQS,
effective November 27, 2013.
(B) Illinois Administrative Code Title 35: Environmental
Protection; Subtitle B: Air Pollution; Chapter I: Pollution Control
Board; Subchapter I: Air Quality Standards And Episodes; Part 243: Air
Quality Standards; Section 243.108 Incorporation by Reference,
effective June 9, 2014.
[FR Doc. 2016-13700 Filed 6-9-16; 8:45 am]
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