[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Rules and Regulations]
[Pages 28835-28838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12255]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2013-0819; FRL-9927-48-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; NAAQS Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a State Implementation Plan (SIP) revision 
submitted by the Illinois Environmental Protection Agency (IEPA) on 
December 2, 2013. The state rule revisions update Illinois' ambient air 
quality standards for sulfur dioxide (SO2), ozone, nitrogen 
dioxide (NO2), lead, fine particulate matter 
(PM2.5), particulate matter (PM10), and carbon 
monoxide (CO) and bring them up to date (through 2012) with EPA-
promulgated National Ambient Air Quality Standards (NAAQS). The SIP 
revision also adopts EPA-promulgated monitoring methods and test 
procedures for the revised state air quality standards.

DATES: This direct final rule will be effective July 20, 2015, unless 
EPA receives adverse comments by June 19, 2015. 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-2013-0819, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 692-2450.
    4. Mail: Douglas Aburano, Chief, Air Planning and Maintenance 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Air Planning and 
Maintenance 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

[[Page 28836]]

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-
2013-0819. 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 Edward Doty, Environmental Scientist, 
at (312) 886-6057 before visiting the Region 5 office.

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. Background
    A. When and why did the state make this submittal?
    B. Did the state hold public hearings for this submittal?
II. What is EPA's analysis of IEPA's submittal?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

A. When and why did the state make this submittal?

    Section 109 of the Clean Air Act (CAA) requires the EPA to 
establish national primary (protective of human health) and secondary 
(protective of human welfare) air quality standards. Individually or 
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 or welfare data, to revise each NAAQS every five 
years. States that maintain state air quality standard definitions in 
their state rules and SIPs must periodically revise their rules and 
SIPs to reflect the latest NAAQS.
    On December 2, 2013, IEPA submitted a SIP revision containing rule 
revisions to address the NAAQS for SO2, ozone, 
NO2, lead, PM2.5, PM10, and CO. In 
this submittal, the state requests EPA to approve into the SIP rule 
revisions to establish Illinois air quality standards ``identical-in-
substance'' \1\ to all NAAQS promulgated by EPA for these pollutants 
and published in the Code of Federal Regulations (CFR) through the end 
of 2012. The rule revisions also incorporate by reference all EPA-
promulgated Federal Reference Methods (FRMs) and Federal Equivalent 
Methods (FEMs) for monitoring the subject air pollutants, also 
specified in the CFR through 2012. The rule revisions remove state air 
quality standards no longer supported by current NAAQS. The rule 
revisions remove several existing Illinois rule elements deemed to be 
no longer appropriate for the adopted air quality standards and 
monitoring methods. Finally, the rule revisions add a number of acronym 
and term definitions needed to fully implement the adopted air quality 
standards and monitoring methods.
---------------------------------------------------------------------------

    \1\ ``Identical-in-substance'' means that all air quality 
standards adopted by the state and included in the requested SIP 
revision have the same magnitude, averaging time, and form as the 
NAAQS they represent. However, the specific language of the state's 
air quality standard rules may differ from that of EPA's promulgated 
NAAQS.
---------------------------------------------------------------------------

    Illinois' rule revisions ensure consistency between the state and 
Federal definitions of the air quality standards and associated 
monitoring methods, and support consistency between the state and the 
EPA in the determination of attainment or nonattainment of the air 
quality standards.
    The state rule revisions were adopted by the Illinois Pollution 
Control Board (IPCB) on July 25, 2013, and became effective on July 29, 
2013.

B. Did the state hold public hearings for this submittal?

    A public hearing on the rule revisions was held on June 26, 2013, 
and the state addressed several comments made during this hearing or 
received through written comments submitted by the public.

II. What is EPA's analysis of IEPA's submittal?

    Illinois' submittal covers revisions to state rules contained in 35 
Illinois Administrative Code (IAC) Part 243 (35 IAC 243). Significant 
additions, modifications, and deletions to Part 243 are discussed and 
evaluated below.
    35 IAC Section 243.101, Definitions, contains term and 
concentration unit definitions critical to the implementation of the 
state's air quality standards. This section has been modified to change 
or add definitions of, terms including, but not limited to, 
``Exceedance of a NAAQS;'' ``Exceptional event;'' ``Federal reference 
method;'' ``Federal equivalent method;'' ``Micrograms per cubic 
meter;'' ``Milligrams per cubic meter;'' ``Parts per million;'' ``Parts 
per billion;'' ``PM10;'' and ``PM2.5.'' 
Definitions for these terms and concentration units were generally 
derived from their definitions and usage in 40 CFR parts 50 and 53. We 
find these definitions to be acceptable and in agreement with 
definitions for these terms and concentration units used by the EPA.
    The heading of 35 IAC Section 243.102, Scope, has been revised from 
``Preamble'' to ``Scope'' to correspond with the Federal regulations. 
The former preamble statement in 35 IAC Section 243.102(a) has been 
replaced with the statement of scope from 40 CFR 50.2. This section 
also adds in parentheses ``primary NAAQS'' after ``National

[[Page 28837]]

primary air quality standards'' and adds in parentheses ``secondary 
NAAQS'' after ``National secondary air quality standards.'' All older 
subsections of this section have been deleted to remove provisions no 
longer needed to implement the state's air quality standards. This 
revised section is acceptable.
    Section 243.103, Applicability, has been revised to improve its 
readability and notes that the adopted air quality standards are 
applicable throughout the entire state of Illinois.
    The IPCB has chosen to repeal Section 243.104 (the Non-degradation 
Rule) from 35 IAC 243 and from the Illinois SIP. The Non-degradation 
Rule predates the Illinois Environmental Protection Act and adoption of 
the state's air quality standard rules. When adopting the air quality 
standard rules, the IPCB chose to adopt the Non-degradation Rule from 
earlier rules of the Air Pollution Control Board (a predecessor of the 
IPCB). This rule section was intended to protect areas in Illinois 
currently attaining the air quality standards. The IPCB chose to remove 
this rule section from 35 IAC 243 because: (1) it might conflict with 
Federal non-degradation rules; (2) it is not necessary in the context 
of the NAAQS; and, (3) it was not possible to correct its flaws in the 
context of the state's air quality standard rules contained in 35 IAC 
243. This rule removal is acceptable.
    Section 243.105, Air Quality Monitoring Data Influenced by 
Exceptional Events, has been added to correspond with 40 CFR 50.14 
(2012). This section provides for a state request to the EPA for a 
determination that certain monitored air quality concentrations that 
are the result of exceptional events may be excluded from the 
consideration of air quality for purposes of determining exceedances of 
the air quality standards. This section describes the nature of the 
state's exceptional event demonstration to the EPA and specifies the 
criteria that the exceptional event demonstration must meet for 
approval by the EPA. Of particular note, this section describes 
exclusion of air quality data resulting from fireworks and prescribed 
fires. Finally, this section describes the schedules and procedures to 
be followed when the state petitions the EPA for a determination of an 
exceptional event. This section was derived from 40 CFR part 50, and is 
acceptable.
    Section 243.106, Monitoring, which described the general approach 
to the monitoring of air quality levels, has been repealed. This 
section provided no specific criteria for the monitoring of air levels, 
and its removal is acceptable.
    Section 243.107, Reference Conditions, has been revised to improve 
its readability and specifies the reference temperature and reference 
air pressure to which monitored air quality concentrations must be 
adjusted to assure acceptable comparability of the monitored air 
quality concentrations. The rule revision is acceptable and reflects 
ambient condition adjustments required by the EPA in 40 CFR part 50.
    Section 243.108, Incorporation by Reference, includes Federal rules 
and documents incorporated by reference into Illinois' air quality 
rules. More specifically, this section includes the required reference 
methods applicable to the monitoring of specific pollutants as 
specified in the appendices to 40 CFR part 50 and documents published 
by the National Exposure Research Laboratory, Human Exposure and 
Atmospheric Sciences Division of EPA. In addition, this section 
incorporates by reference all appendices in 40 CFR part 50 needed to 
interpret the adopted air quality standards or to define the FRMs and 
FEMs for each pollutant. These incorporations by reference are needed 
to implement the state's air quality standards in a manner equivalent 
to the NAAQS.
    The air quality standards themselves are contained in sections 
243.120 through 243.126, with each of these sections being applicable 
to a specific pollutant (each section covers all standards applicable 
to the given pollutant). Illinois has rewritten these sections to 
eliminate ambient air quality standards that have been revoked or 
eliminated by EPA and to add or update standards for each pollutant as 
currently adopted/promulgated by the EPA through 2012. Each section 
also defines the Federal reference and equivalent monitoring methods 
applicable to each pollutant. The state has rewritten the air quality 
standards to be ``identical-in-substance'' with EPA's promulgated 
NAAQS. The state's adopted air quality standards contain the same air 
quality levels, averaging times, and forms as the NAAQS, but have been 
rewritten for consistency in Illinois' rule system. All NAAQS contained 
in 40 CFR part 50 (2012) are reflected by the Illinois air quality 
standards now specified in sections 243.120 through 243.126. EPA has 
compared the adopted air quality standards to the NAAQS specified in 40 
CFR part 50, and has found them to be acceptable.

III. What action is EPA taking?

    EPA is approving the requested SIP revision submission pertaining 
to the amendments to Illinois' ambient air quality standards since 
these revised air quality standards are consistent with the NAAQS 
promulgated by EPA and in existence during 2012. The state will adopt 
new air quality standards as new NAAQS are adopted by EPA and will 
subsequently remove/repeal certain air quality standards as EPA revokes 
the standards as NAAQS. Specifically, we are approving 35 IAC sections 
243.101, 243.102, 243.103, 243.105, 243.107, 243.108, 243.120, 243.122, 
243.123, 243.124, 243.125, 243.126, and 243.TableA, and we are 
incorporating by reference these rules into the Illinois SIP. We are 
also approving the repeal from the SIP of 35 IAC sections 243.104, 
243.106, 243.Appendix A, 243.Appendix B, and 243.Appendix C.
    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 20, 2015 
without further notice unless we receive relevant adverse written 
comments by June 19, 2015. 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 
20, 2015.

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 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

[[Page 28838]]

the ADDRESSES section of this preamble for more information).

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);
     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 July 20, 2015. 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 4, 2015.
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)(204) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (204) On December 2, 2013, Illinois submitted an amendment 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 for sulfur dioxide, ozone, nitrogen 
dioxide, lead, fine particulate matter, particulate matter, and carbon 
monoxide and incorporates Federal test procedures for these pollutants.
    (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, 243.102 Scope, 243.103 Applicability, 243.105 Air Quality 
Monitoring Data Influenced by Exceptional Events, 243.107 Reference 
Conditions, 243.108 Incorporations by Reference, 243.120 
PM10 and PM2.5, 243.122 Sulfur Oxides (Sulfur 
Dioxide), 243.123 Carbon Monoxide, 243.124 Nitrogen Oxides (Nitrogen 
Dioxide as Indicator), 243.125 Ozone, 243.126 Lead, and 243.TABLE A 
Schedule of Exceptional Event Flagging and Documentation Submission for 
New or Revised NAAQS, effective July 29, 2013.

[FR Doc. 2015-12255 Filed 5-19-15; 8:45 am]
 BILLING CODE 6560-50-P