[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Rules and Regulations]
[Pages 32771-32775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14948]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0512; EPA-R05-OAR-2016-0522; EPA-R05-OAR-2017-0322; 
FRL-9964-97-Region 5]


Air Plan Approval; Illinois; NAAQS Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

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 2015 primary National Ambient Air 
Quality Standard (NAAQS) for ozone (O3), add EPA-promulgated 
monitoring methods for several NAAQS, and address EPA's revocation of 
the 1997 O3 NAAQS. In addition, the revised rules contain 
the timing requirements for the ``flagging of exceptional events'' and 
the submission of documentation supporting exceptional events for the 
initial area designations for the 2015 primary annual O3 
standard. These SIP revisions update Illinois air pollution control 
regulations to be ``identical-in-substance'' to EPA rulemakings related 
to the NAAQS that occurred between January 1, 2014 and June 17, 2016.

DATES: This direct final rule will be effective September 18, 2017, 
unless EPA receives adverse comments by August 17, 2017. 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-2016-0512, EPA-R05-OAR-2016-0522, or EPA-R05-2017-0322 at https://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

[[Page 32772]]

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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Michelle Becker, Life Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-3901, 
[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?
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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    On August 9, 2016, the Illinois Environmental Protection Agency 
(IEPA) submitted to EPA for approval as SIP revisions: updating 
Illinois' ambient air quality standards by revoking the 1997 
O3 NAAQS and adding the 2015 primary O3 NAAQS; 
revising the timing requirements for the ``flagging of exceptional 
events'' and the submission of demonstrations to justify data exclusion 
as a result of exceptional events for the initial designations for the 
2015 primary annual O3 standard; and adding EPA-promulgated 
monitoring methods. These updates correspond to revisions to the NAAQS 
adopted by EPA during the period January 1, 2015 through June 30, 2015, 
August 26, 2015, October 26, 2015, and November 19, 2015. The Illinois 
Pollution Control Board (IPCB) adopted these rule revisions on March 3, 
2016.
    On August 11, 2016, IEPA submitted to EPA for approval as SIP 
revisions additional 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 January 1, 
2014, through December 18, 2014. The IPCB adopted these rule revisions 
on March 5, 2015.
    On May 30, 2017, IEPA submitted to EPA for approval as SIP 
revisions additional 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 January 1, 
2016, through July 13, 2016. The IPCB adopted these rule revisions on 
January 19, 2017.
    The proposed SIP revisions would update Illinois air pollution 
control regulations to be ``identical-in-substance'' to EPA rulemakings 
related to the NAAQS that occurred between January 1, 2014 and July 13, 
2016.\2\ These revisions update Illinois ambient air quality standards 
to reflect revisions and EPA actions that affect the Federal NAAQS.
---------------------------------------------------------------------------

    \2\ Regulations that are ``identical-in-substance'' means State 
regulations which require the same actions with respect to 
protection of the environment, by the same group of affected 
persons, as would federal regulations if EPA administered the 
subject program in Illinois. See 415 ILCS 5/7.2(a).
---------------------------------------------------------------------------

II. What are the State rule revisions?

35 IAC 243.105 Air Quality Monitoring Data Influenced by Exceptional 
Events

    Illinois amended 35 IAC 243.105 to incorporate changes to the 
schedule for flagging data and submitting exceptional events 
demonstrations considered for initial area designations (80 FR 65292, 
October 26, 2015). The changes include the addition of 
243.105(c)(2)(F), which identifies 243.Table A as the data submission 
process for a new or revised NAAQS. Also, 243.105(c)(3)(A) was revised 
to include an exception to the timing requirements for demonstration 
submissions that are allowed under 243.105(c)(2)(F).

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 
January 1, 2014, to July 13, 2016. EPA issued updated versions of the 
``List of Designated Reference and Equivalent Methods'' that included 
new Federal Equivalent Methods (FEMs) and Federal Reference Methods 
(FRMs) for monitoring of Carbon Monoxide (CO), Lead (Pb), oxides of 
nitrogen (NOX), O3, fine particulates 
(PM2.5), and coarse particulates (PM2.5-10). See 
79 FR 34734 (June 18, 2014), 79 FR 65392 (November 4, 2014), 80 FR 
32114 (June 5, 2015), 80 FR 12264 (August 26, 2015), 80 FR 72432 
(November 19, 2015), 81 FR 4292 (January 26, 2016), 81 FR 25397 (April 
28, 2016), and 81 FR 45284 (July 13, 2016).
    The list with all approved FEMs and FRMs is located at: https://www3.epa.gov/ttn/amtic/criteria.html.
    Illinois also added a statement to 35 IAC 243.108 that the 
incorporation by reference of EPA's promulgated monitoring methods 
``includes the following USEPA methods designations that occurred after 
June 17, 2016: 81 FR 45284 (July 13, 2016).''
    Additionally, Illinois updated 35 IAC 243.108 to incorporate by 
reference the 2016 versions of appendices A-1, A-2, B, C, D, F, G, H, 
I, J, K, L, N, O, P, Q, R, S, T and U 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 2015 versions of these appendices 
relative to the 2013 versions.\3\ First, EPA revised the appendix D 
reference method for the determination of O3 adding new 
methodology and retaining previous measurement techniques (80 FR 65292, 
October 26, 2015). Second, EPA added appendix U to 40 CFR 50 (80 FR 
65292, October 26, 2015). Appendix U, titled ``Interpretation of the 
Primary and

[[Page 32773]]

Secondary National Ambient Air Quality Standards for Ozone,'' explains 
the data handling conventions and computations necessary for 
determining when the primary and secondary NAAQS for O3 are 
met. Illinois' rule revisions incorporate by reference these amended 
CFR appendices.
---------------------------------------------------------------------------

    \3\ EPA did not make any changes to the appendices in 2014.
---------------------------------------------------------------------------

35 IAC 243.120 PM10 and PM2.5

    Illinois updated 35 IAC 243.120 to incorporate by reference the 
2015 versions of 40 CFR 50, the changes to which are discussed above. 
Additionally, Illinois corrected a citation in subsection (a)(2) to 40 
CFR 50.6, which contains the PM10 NAAQS. Previously this 
subsection had incorrectly cited to 40 CFR 51.6.

35 IAC 243.125 Ozone

    Illinois added subsection (b) to incorporate the 2015 primary and 
secondary eight-hour NAAQS for ozone. The 2015 NAAQS for ozone is 70 
parts per billion, determined by calculating the three-year average of 
the annual fourth-highest daily maximum eight-hour average (October 26, 
2015, 80 FR 65292).
    Additionally, Illinois removed subsection (a) ``1997 Primary and 
Secondary Eight-Hour NAAQS for Ozone,'' and renumbered former 
subsection (b), ``2008 Primary and Secondary Eight-Hour NAAQS for 
Ozone'' to new subsection (a). This was in response to EPA's 
promulgation of ``Implementation of the 2008 National Ambient Air 
Quality Standards for Ozone: State Implementation Plan Requirements'' 
(SIP Requirements Rule), where EPA, among other things, revised the 
1997 O3 NAAQS so that it no longer applies after the April 
6, 2016 effective date of the SIP Requirements Rule.\4\ For a detailed 
explanation of this action, see 80 FR 12264 (March 6, 2015).
---------------------------------------------------------------------------

    \4\ The SIP Requirements Rule contained other requirements 
applicable to Illinois that are outside the scope of this 
``identical-in-substance'' rulemaking and will be addressed through 
separate actions.
---------------------------------------------------------------------------

    Consistent with 40 CFR 50.19(c), the revised O3 
standards must be measured by either a FRM based on appendix D of 40 
CFR part 50, incorporated by reference in 35 IAC 243.108, or a 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.

35 IAC 243. Table A. Schedule for Flagging and Documentation Submission 
for Data Influenced by Exceptional Events for Use in Initial Area 
Designations

    Illinois amended Table A to update the flagging and document 
submission deadlines for exceptional events demonstrations considered 
for initial area designations for O3 to be consistent with 
EPA rulemaking as detailed in 80 FR 65292 (October 26, 2015).
    The flagging and initial event description deadlines for data years 
one, two and three depend on the following conditions: (1) If state and 
tribal initial designation recommendations for a new/revised NAAQS are 
due August through January, then the flagging and initial event 
description deadline will be the July 1 prior to the recommendation 
deadline; (2) if state and tribal recommendations for a new/revised 
NAAQS are due February through July, then the flagging and initial 
event description deadline will be the January 1 prior to the 
recommendation deadline. The exceptional events demonstration submittal 
deadline for data years one, two and three is no later than the date 
state and tribal recommendations are due to EPA. Flagging, initial 
event description and exceptional events demonstration submittal 
deadline for data year four, and, where applicable, data year five is 
by the last day of the month that is one year and seven months after 
promulgation of a new/revised NAAQS. The two exceptions to this 
deadline are: (1) If EPA follows a three-year designation schedule, the 
deadline is two years and seven months after promulgation of a new/
revised NAAQS; (2) if EPA notifies the state/tribe that it intends to 
complete the initial area designations process according to a schedule 
between two and three years, the deadline is five months prior to the 
date specified for final designations decisions in such EPA 
notification. The flagging and demonstration submittal deadlines are 
the same as the deadlines provided in Table 2 in 40 CFR 50.14.

III. Did the State hold public hearings for these submittals?

    Illinois held a public hearing for the rule changes discussed in 
the August 9, 2016, submittal on February 18, 2016. Illinois held a 
public hearing for the rule revisions discussed in the August 11, 2016, 
submittal on January 8, 2015. Illinois held a public hearing for the 
rule revisions discussed in the May 30, 2017 submittal on December 7, 
2016. Three comments pertaining to these submittals were received. The 
comments related to minor administrative issues and typographical 
errors, which were addressed by Illinois. No adverse comments were 
received.

IV. What is EPA's analysis of the State's submittals?

    EPA finds the state's requested SIP revisions to be approvable 
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 
July 13, 2016.
    Additionally, EPA finds that the specified exceptional event 
flagging and demonstration submittal deadlines are approvable because 
they are consistent with the deadlines in 40 CFR 50.14.

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 243.105, 
243.108, 243.120, 243.125, 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 September 18, 
2017 without further notice unless we receive relevant adverse written 
comments by August 17, 2017. 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 
September 18, 2017.

[[Page 32774]]

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. Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference by 
the Director of the Federal Register in the next update to the SIP 
compilation.\5\ EPA has made, and will continue to make, these 
documents generally available through www.regulations.gov and/or at the 
EPA Region 5 Office (please contact the person identified in the ``For 
Further Information Contact'' section of this preamble for more 
information).
---------------------------------------------------------------------------

    \5\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

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 (Public Law 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 September 18, 2017. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: July 6, 2017.
Cheryl L. Newton,
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. In Sec.  52.720 the table in paragraph (c) is amended under ``Part 
243: Air Quality Standards'':
0
a. Under ``Subpart A'', by revising the entries for ``243.105'' and 
``243.108''; and
0
b. Under ``Subpart B'', by revising the entries for ``243.120'', 
``243.124'', ``243.125'', and ``243.TABLE A''.
    The revisions read as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *

[[Page 32775]]



                                 EPA-Approved Illinois Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                        State        EPA approval
       Illinois citation          Title/subject    effective date        date                  Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Subchapter l: Air Quality Standards and Episodes
----------------------------------------------------------------------------------------------------------------
                                         Part 243: Air Quality Standards
----------------------------------------------------------------------------------------------------------------
                                          Subpart A: General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
243.105.......................  Air Quality              01/23/17  07/18/17,         ...........................
                                 Monitoring Data                    [Insert Federal
                                 Influenced by                      Register
                                 Exceptional                        citation].
                                 Events.
 
                                                  * * * * * * *
243.108.......................  Incorporation by         01/23/17  07/18/17 [Insert  ...........................
                                 Reference.                         Federal
                                                                    Register
                                                                    citation].
----------------------------------------------------------------------------------------------------------------
                                  Subpart B: Standards and Measurement Methods
----------------------------------------------------------------------------------------------------------------
243.120.......................  PM10 and PM2.5...        01/23/17  07/18/17 [Insert  ...........................
                                                                    Federal
                                                                    Register
                                                                    citation].
 
                                                  * * * * * * *
243.124.......................  Nitrogen Oxides          01/23/17  07/18/17 [Insert  ...........................
                                 (Nitrogen                          Federal
                                 Dioxide as                         Register
                                 Indicator).                        citation].
243.125.......................  Ozone............        01/23/17  07/18/17 [Insert  ...........................
                                                                    Federal
                                                                    Register
                                                                    citation].
 
                                                  * * * * * * *
243.TABLE A...................  Schedule of              01/23/17  07/18/17 [Insert  ...........................
                                 Exceptional                        Federal
                                 Event Flagging                     Register
                                 and                                citation].
                                 Documentation
                                 Submission for
                                 New or Revised
                                 NAAQS.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-14948 Filed 7-17-17; 8:45 am]
BILLING CODE 6560-50-P