[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)]
[Rules and Regulations]
[Pages 8756-8758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04094]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2017-0277; FRL-9974-86--Region 5]
Air Plan Approval; Illinois; Redesignation of the Illinois
Portion of the St. Louis-St. Charles-Farmington, Missouri-Illinois Area
to Attainment of the 2008 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to find that the St. Louis-St. Charles-Farmington, Missouri-
Illinois (MO-IL) area, ``the St. Louis area,'' is attaining the 2008
ozone National Ambient Air Quality Standard (NAAQS or standard) and is
redesignating the Illinois portion of the St. Louis area, ``the Metro-
East area,'' to attainment for the 2008 ozone NAAQS because the Metro-
East area meets the statutory requirements for redesignation under the
Clean Air Act (CAA). The St. Louis area includes Madison, Monroe and
St. Clair Counties in Illinois (the Metro-East area), and Franklin,
Jefferson, St. Charles, and St. Louis Counties and the City of St.
Louis in Missouri. (EPA will address the Missouri portion of the St.
Louis area in a separate rulemaking action.) EPA is also approving, as
a revision to the Illinois State Implementation Plan (SIP), the State's
plan for maintaining the 2008 ozone standard through 2030 in the St.
Louis area. Finally, EPA finds adequate and is approving, as a SIP
revision, the State's 2030 volatile organic compound (VOC) and oxides
of nitrogen (NOX) Motor Vehicle Emission Budgets (MVEBs) for
the Metro-East area. The Illinois Environmental Protection Agency
(IEPA) submitted the SIP revision and request to redesignate the Metro-
East area on May 8, 2017. EPA proposed this action on December 8, 2017
and received two public comments in response that are not relevant to
this action.
DATES: This final rule is effective March 1, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2017-0277. All documents in the docket are listed in
the http://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information 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
http://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767,
[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 takes action on the submission from IEPA, dated May 8,
2017, requesting redesignation of the Metro-East area to attainment for
the 2008 ozone standard. The background for this action is discussed in
detail in EPA's proposal, dated December 8, 2017 (82 FR 57892). In that
rulemaking, we noted that, under EPA regulations at 40 CFR part 50, the
2008 ozone NAAQS is attained in an area when the 3-year average of the
annual fourth highest daily maximum 8-hour average concentration is
equal to or less than 0.075 parts per million, when truncated after the
thousandth decimal place, at all of the ozone monitoring sites in the
area. (See 40 CFR 50.15 and appendix P to 40 CFR part 50.) Under the
CAA, EPA may redesignate nonattainment areas to attainment if
sufficient complete, quality-assured data are available to determine
that the area has attained the standard and if it meets the other CAA
redesignation requirements in section 107(d)(3)(E). The proposed rule
provides a detailed discussion of how Illinois has met these CAA
requirements.
As discussed in the December 8, 2017, proposal, quality-assured and
certified monitoring data for 2014-2016 and preliminary data for 2017
show that the St. Louis area has attained and continues to attain the
2008 ozone standard. In the maintenance plan submitted for the area,
Illinois has demonstrated that the ozone standard will be maintained in
the area through 2030. Finally, Illinois adopted 2030 VOC and
NOX MVEBs for the Metro East portion of the St. Louis area
that are adequate and supported by IEPA's maintenance demonstration.
II. What comments did we receive on the proposed rule?
EPA provided a 30-day review and comment period for the December 8,
2017, proposed rule. The comment period ended on January 8, 2018. We
received two comments, which were related to general concerns about
wildfires and the EPA Administrator. These comments are not specific to
this action and thus are not addressed here.
III. What action is EPA taking?
No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, EPA is determining that
the St. Louis nonattainment area is attaining the 2008 ozone standard,
based on quality-assured and certified monitoring data for 2014-2016,
and that the Metro-East portion of this area has met the requirements
for redesignation under section 107(d)(3)(E) of the CAA. EPA is thus
approving IEPA's request to change the legal designation of the Metro-
East portion of the St. Louis area from nonattainment to attainment for
the 2008 ozone standard. EPA is also approving, as a revision to the
Illinois SIP, the state's maintenance plan for the area. The
maintenance plan is designed to keep the St. Louis area in attainment
of the 2008 ozone NAAQS through 2030. Finally, EPA finds adequate and
is approving, as a SIP revision, the newly-established 2030 MVEBs for
the Metro-East area.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. This rule,
[[Page 8757]]
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, this rule relieves the state of planning requirements
for this ozone nonattainment area. For these reasons, EPA finds good
cause under 5 U.S.C. 553(d)(1) and (3) for these actions to become
effective on the date of publication of these actions.
IV. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, 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 an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted 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, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.
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 April 30, 2018. 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)).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: February 14, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
40 CFR parts 52 and 81 are 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 (e) is amended by adding the
entry ``Ozone (8-hour, 2008) redesignation and maintenance plan''
following the entry for ``Ozone (8-hour, 2008) Determination of
Attainment'' to read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(e) * * *
[[Page 8758]]
EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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Applicable
Name of SIP provision geographic or State EPA approval date Comments
nonattainment area submittal date
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Attainment and Maintenance Plans
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* * * * * * *
Ozone (8-hour, 2008) St. Louis area.... 5/8/2017 3/1/2018 [insert ..................
redesignation and maintenance Federal Register
plan. citation].
* * * * * * *
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Section 81.314 is amended by revising the entry ``St. Louis-St.
Charles-Farmington, MO-IL:'' in the table entitled ``Illinois--2008 8-
Hour Ozone NAAQS (Primary and secondary)'' to read as follows:
Sec. 81.314 Illinois.
* * * * *
Illinois--2008 8-Hour Ozone NAAQS
[Primary and secondary]
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Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
St. Louis-St. Charles-Farmington, MO-IL:
\2\
Madison County, Monroe County, St. 3/1/2018 Attainment............................
Clair County
* * * * * * *
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\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
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[FR Doc. 2018-04094 Filed 2-28-18; 8:45 am]
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