[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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