[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48448-48459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22512]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2016-0593; FRL-9969-69-Region 5]


Air Plan Approval; Illinois; Redesignation of the Chicago and 
Granite City Areas to Attainment of the 2008 Lead Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Illinois Environmental Protection Agency's (Illinois EPA's) request to 
redesignate the Chicago and Granite City nonattainment areas (hereafter 
also referred to as the ``areas'') to attainment for the 2008 national 
ambient air quality standards (NAAQS or standards) for lead, also 
identified as Pb. EPA is also approving, as revisions to the Illinois 
state implementation plan (SIP): The state's plan for maintaining the 
2008 lead NAAQS in the areas for a period of ten years following these 
redesignations;

[[Page 48449]]

the emissions inventories for the areas; and rules applying emission 
limits and other control requirements to lead sources in the areas. EPA 
is taking these actions in accordance with applicable regulations and 
guidance that address implementation of the 2008 lead NAAQS.

DATES: This direct final rule will be effective December 18, 2017, 
unless EPA receives adverse comments by November 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-2016-0593 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 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: Eric Svingen, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-4489, 
[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. What actions is EPA taking?
II. What is the background for these actions?
III. What are the criteria for redesignation to attainment?
IV. What is EPA's analysis of the state's request?
V. What are the effects of EPA's actions?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is approving Illinois' request to redesignate the Chicago and 
Granite City areas from nonattainment to attainment for the 2008 lead 
NAAQS under section 107(d)(3)(E) of the Clean Air Act (CAA) and taking 
several related actions. These actions include approval of, as 
revisions to the Illinois SIP, Illinois': Lead maintenance plan for the 
areas under section 175A; 2012 lead emission inventories under section 
172(c)(3); and rules applying emission limits and other control 
requirements to lead sources in the Chicago and Granite City areas.
    EPA's analysis for taking these actions is discussed in Section IV 
below.

II. What is the background for these actions?

    Lead is a metal found naturally in the environment as well as in 
manufactured products. Lead may have serious public health effects 
depending on the level of exposure. Lead can adversely affect the 
nervous system, kidney function, immune system, reproductive system, 
and cardiovascular system. Infants and young children are especially 
sensitive to even low levels of lead, which may contribute to 
behavioral problems, learning deficits, and lowered IQ. The major 
sources of lead for air emissions have historically been from fuels 
used in on-road motor vehicles (such as cars and trucks) and industrial 
sources. As a result of EPA's regulatory efforts to remove lead from 
on-road motor vehicle gasoline, emissions of lead from the 
transportation sector dramatically declined by 95 percent between 1980 
and 1999, and levels of lead in the air decreased by 94 percent between 
1980 and 1999.
    Today, the highest levels of lead in the air are usually found near 
lead smelters. The major sources of lead emissions to the air today are 
ore and metals processing and piston-engine aircraft operating on 
leaded aviation gasoline.
    On November 12, 2008 (73 FR 66964), EPA established the 2008 
primary and secondary lead NAAQS at 0.15 micrograms per cubic meter 
([mu]g/m\3\) based on a maximum arithmetic 3-month mean concentration 
for a 3-year period. See 40 CFR 50.16.
    On November 22, 2010 (75 FR 71033), EPA published its initial air 
quality designations and classifications for the 2008 lead NAAQS based 
upon air quality monitoring data for calendar years 2007-2009. These 
designations became effective on December 31, 2010. In this initial 
round, the Granite City area was designated nonattainment for the 2008 
lead NAAQS. On November 22, 2011 (76 FR 72097), EPA published a second 
and final round of designations for the 2008 lead NAAQS based upon air 
quality monitoring data for calendar years 2008-2010. These 
designations became effective on December 31, 2011. In this second 
round, the Chicago area was designated nonattainment for the 2008 lead 
NAAQS. See 40 CFR 81.314.
    On January 9, 2014, Illinois EPA submitted to EPA an attainment 
demonstration for the 2008 lead NAAQS. This submission included a 
request to incorporate into the Illinois SIP new rules at Title 35 
Illinois Administrative Code (Ill. Adm. Code) Part 226. On June 17, 
2014, Illinois EPA supplemented this submission with additional 
information regarding the state rulemaking process.
    On September 22, 2016, Illinois EPA requested that the Granite City 
and Chicago lead nonattainment areas be redesignated to attainment for 
the 2008 lead NAAQS and submitted the maintenance plan for the areas as 
a proposed revision to the Illinois SIP. In this September 22, 2016, 
submission, Illinois EPA withdrew most parts of the previous two 
submissions, but did not withdraw the request that EPA approve, as a 
revision to the Illinois SIP, the requirements at 35 Ill. Adm. Code 
Part 226 to limit lead emissions in the areas. Illinois similarly did 
not withdraw certain attachments and support documents, such as 
emissions inventories and modeling data, that are relevant to this 
request. On February 16, 2017, Illinois EPA clarified certain details 
regarding the maintenance plan components of its September 22, 2016 
submission.

III. What are the criteria for redesignation to attainment?

    The CAA sets forth the requirements for redesignating a 
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of 
the CAA allows for redesignation provided that: (1) The Administrator 
determines that the area has attained the applicable NAAQS based on 
current air quality data; (2) the Administrator has fully approved an 
applicable SIP for the area under section 110(k) of the CAA; (3) the 
Administrator determines that the improvement in air quality is due to 
permanent and enforceable emission reductions resulting from 
implementation of the

[[Page 48450]]

applicable SIP, Federal air pollution control regulations, or other 
permanent and enforceable emission reductions; (4) the Administrator 
has fully approved a maintenance plan for the area meeting the 
requirements of section 175A of the CAA; and (5) the state containing 
the area has met all requirements applicable to the area for purposes 
of redesignation under section 110 and the requirements for 
nonattainment areas under part D of the CAA.

IV. What is EPA's analysis of the state's request?

    The bases for EPA's actions follow.

A. The Areas Have Attained the 2008 Lead NAAQS (Section 
107(d)(3)(E)(i))

    In accordance with section 179(c) of the CAA, 42 U.S.C. 7509(c), 
EPA is determining that the Chicago and Granite City areas have 
attained the 2008 lead NAAQS. This determination is based upon 
complete, quality-assured, and certified ambient air monitoring data 
that show the areas have monitored attainment of the lead NAAQS.
    Under EPA regulations at 40 CFR 50.16, the 2008 primary and 
secondary lead standards are met when the maximum arithmetic 3-month 
mean concentration for a 3-year period, as determined in accordance 
with 40 CFR part 50, appendix R, is less than or equal to 0.15 [mu]g/
m\3\ at all relevant monitoring sites in the subject area. EPA refers 
to this maximum rolling three-month average over a three-year period as 
the ``design value.''
    40 CFR part 58, appendix A outlines the quality assurance 
requirements necessary for providing ``sufficient information to assess 
the quality of the monitoring data.'' 40 CFR part 58, appendix D 
provides network design criteria requirements which describe ``specific 
requirements for the number and location of . . . [monitoring] sites 
for specific pollutants . . .''. Within appendix D, Section 4.5 states 
that ``[a]t a minimum, there must be one source-oriented SLAMS (State 
and Local Air Monitoring Station) site located to measure the maximum 
Pb concentration in ambient air resulting from each non-airport Pb 
source which emits 0.50 or more tons per year. . . .
    EPA has reviewed the ambient air monitoring data for the Chicago 
and Granite City areas in accordance with the provisions of 40 CFR part 
50, appendix R, and 40 CFR part 58, appendix A and appendix D. All data 
considered are complete, quality-assured, certified, and recorded in 
EPA's Air Quality System (AQS) database.
1. Chicago Area Air Quality
    As defined at 40 CFR 81.314, the Chicago area is comprised of the 
portions of Cook County that are bounded by Damen Avenue on the west, 
Roosevelt Road on the north, the Dan Ryan Expressway on the east, and 
the Stevenson Expressway on the south. According to analysis conducted 
by Illinois EPA in 2011, the H. Kramer & Co. (H. Kramer) facility was 
capable of causing exceedances of the NAAQS in the absence of any other 
sources in the area.\1\ As described in Illinois EPA's September 22, 
2016 submission, after the 2012 shutdown of the Fisk Electric 
Generating Station, H. Kramer became the only source of lead emissions 
in the Chicago area. H. Kramer manufactures brass and bronze ingots, 
and a portion of the facility is devoted to producing metal alloys that 
often contain lead as a minor constituent.
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    \1\ See the technical support document ``Region 5 Final Ionia 
County, Chicago, Illinois Lead Technical Support Document (TSD)'' 
[sic] attached to EPA's air quality designations published November 
22, 2011 (76 FR 72097).
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    After Illinois EPA identified H. Kramer as capable of causing 
exceedances of the NAAQS in the Chicago area, Illinois adopted rules 
that limit emissions from the H. Kramer facility, and require 
additional control measures. As discussed in detail below, in this 
action EPA is approving a request from Illinois EPA to incorporate 
these rules into the Illinois SIP. Since H. Kramer implemented the 
controls required by these rules, monitored values of lead in the area 
have been below the health-based standard.
    The Cook County Department of Environmental Control in conjunction 
with Illinois EPA operates two Federal reference method (FRM) source-
oriented SLAMS monitors at 1241 W 19th Street in Chicago, Illinois, 
which are used to determine whether the Chicago area has attained the 
2008 lead NAAQS. In the AQS database, this monitoring site is denoted 
with site ID 17-031-0110 and the two monitors are denoted with 
parameter occurrence code (POC) #1 and POC #9. In a rulemaking on 
August 24, 2015 (80 FR 51127), EPA determined that the Chicago area was 
attaining the 2008 lead NAAQS, with a design value of 0.05 [mu]g/m\3\ 
for the three-year period of 2012-2014. EPA is affirming that 
determination today with monitoring data from the most recent three-
year period of 2014-2016 based on data from the SLAMS monitors 
identified above.
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    \2\ In Tables 1 through 4, the three-month rolling average for 
the first two periods in 2014, November through January and December 
through February, includes monitoring data from November and 
December of 2013.

     Table 1--2014-2016 Three-Month Rolling Averages for the 17-031-0110 #1 Monitor, in Units of [mu]g/m\3\
----------------------------------------------------------------------------------------------------------------
           Location                 AQS ID        3-month period       2014            2015            2016
----------------------------------------------------------------------------------------------------------------
1241 W 19th St., Chicago, IL.  17-031-0110 #1..  Nov-Jan \2\....            0.01            0.03            0.01
                                                 Dec-Feb                    0.01            0.01            0.01
                                                 Jan-Mar                    0.02            0.01            0.01
                                                 Feb-Apr........            0.02            0.02            0.01
                                                 Mar-May........            0.02            0.02            0.01
                                                 Apr-Jun........            0.02            0.02            0.01
                                                 May-July.......            0.02            0.01            0.01
                                                 Jun-Aug........            0.02            0.01            0.01
                                                 July-Sept......            0.02            0.01            0.01
                                                 Aug-Oct........            0.02            0.01            0.01
                                                 Sept-Nov.......            0.04            0.01            0.01
                                                 Oct-Dec........            0.03            0.01            0.01
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     Table 2--2014-2016 Three-Month Rolling Averages for the 17-031-0110 #9 Monitor, in Units of [mu]g/m\3\
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           Location                 AQS ID        3-month period       2014            2015            2016
----------------------------------------------------------------------------------------------------------------
1241 W 19th St., Chicago, IL.  17-031-0110 #9..  Nov-Jan........            0.01            0.01            0.01

[[Page 48451]]

 
                                                 Dec-Feb........            0.01            0.01            0.01
                                                 Jan-Mar........            0.02            0.01            0.01
                                                 Feb-Apr........            0.02            0.02            0.01
                                                 Mar-May........            0.02            0.02            0.01
                                                 Apr-Jun........            0.02            0.02            0.01
                                                 May-July.......            0.02            0.01            0.01
                                                 Jun-Aug........            0.02            0.01            0.01
                                                 July-Sept......            0.03            0.01            0.01
                                                 Aug-Oct........            0.02            0.01            0.01
                                                 Sept-Nov.......            0.02            0.01            0.01
                                                 Oct-Dec........            0.02            0.01            0.01
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    The data shown in Tables 1 and 2 are complete, quality-assured, and 
certified and show 0.04 [mu]g/m\3\ as the highest three-month rolling 
average, well below the standard of 0.15 [mu]g/m\3\. The September 22, 
2016, submittal from Illinois EPA requested redesignation to attainment 
based on data from the three-year period of 2013-2015, which showed 
that the Chicago area was meeting the 2008 lead NAAQS with a design 
value of 0.04 [mu]g/m\3\. In this action, EPA is redesignating the 
Chicago area based on more recent monitoring data for the three-year 
period of 2014-2016, which also has a design value of 0.04 [mu]g/m\3\.
    EPA's review of this data indicates that the Chicago area has 
attained and should continue to attain the 2008 lead NAAQS.
2. Granite City Area Air Quality
    As defined at 40 CFR 81.314, the Granite City area is comprised of 
the portions of Madison County that are bounded by Granite City 
Township and Venice Township. According to initial analysis conducted 
by Illinois EPA in 2010, the Mayco Industries LLC (Mayco) facility was 
one of several sources with lead emissions in the Granite City 
nonattainment area.\3\ As described in its September 22, 2016, 
submission, Illinois EPA conducted further analysis and determined that 
Mayco was the most significant source of lead emissions in the Granite 
City area, and was capable of causing exceedances of the NAAQS in the 
absence of any other sources in the area. Mayco is a secondary lead 
production facility and a fabricator of several lead-containing 
products. Mayco manufactures lead shot for ammunition, lead-containing 
products for naval applications, and lead wool used to create flexible 
materials for radiation protection.
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    \3\ See the technical support document ``Region 5--Final Granite 
City, Illinois Technical Support Document For 1st Round of Lead 
Designations'' attached to EPA's air quality designations published 
November 22, 2010 (75 FR 71033).
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    After Illinois EPA identified Mayco as the primary contributor to 
the exceedance of the NAAQS in the Granite City area, Illinois adopted 
rules that limit emissions from the Mayco facility, and require 
additional control measures. As discussed in detail below, in this 
action EPA is approving a request from Illinois EPA to incorporate 
these rules into the Illinois SIP. Since Mayco implemented the controls 
required by these rules, monitored values of lead in the area have been 
below the health-based standard.
    Illinois EPA operates two FRM source-oriented SLAMS monitors at 
15th Street and Madison Avenue in Granite City, Illinois, which are 
used to determine whether the Granite City area has attained the 2008 
lead NAAQS. In the AQS database, this monitoring site is denoted with 
site ID 17-119-0010 and the two monitors are denoted with POC #1 and 
POC #9.

     Table 3--2014-2016 Three-Month Rolling Averages for the 17-119-0010 #1 Monitor, in Units of [mu]g/m\3\
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           Location                 AQS ID        3-month period       2014            2015            2016
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15th St. and Madison Ave.,     17-119-0010 #1..  Nov-Jan........            0.04            0.02            0.01
 Granite City, IL.
                                                 Dec-Feb........            0.04            0.02            0.01
                                                 Jan-Mar........            0.03            0.02            0.01
                                                 Feb-Apr........            0.01            0.01            0.02
                                                 Mar-May........            0.02            0.02            0.02
                                                 Apr-Jun........            0.01            0.02            0.02
                                                 May-July.......            0.01            0.01            0.02
                                                 Jun-Aug........            0.01            0.01            0.01
                                                 July-Sept......            0.01            0.01            0.01
                                                 Aug-Oct........            0.01            0.02            0.01
                                                 Sept-Nov.......            0.02            0.02            0.02
                                                 Oct-Dec........            0.01            0.01            0.02
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     Table 4--2014-2016 Three-Month Rolling Averages for the 17-119-0010 #9 Monitor, in Units of [mu]g/m\3\
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           Location                 AQS ID        3-month period       2014            2015            2016
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15th St. and Madison Ave.,     17-119-0010 #9..  Nov-Jan........            0.04            0.01            0.01
 Granite City, IL.

[[Page 48452]]

 
                                                 Dec-Feb........            0.03            0.01            0.01
                                                 Jan-Mar........            0.03            0.02            0.01
                                                 Feb-Apr........            0.01            0.02            0.01
                                                 Mar-May........            0.02            0.02            0.01
                                                 Apr-Jun........            0.01            0.02            0.01
                                                 May-July.......            0.01            0.02            0.01
                                                 Jun-Aug........            0.01            0.01            0.01
                                                 July-Sept......            0.01            0.01            0.01
                                                 Aug-Oct........            0.01            0.02            0.01
                                                 Sept-Nov.......            0.02            0.02            0.01
                                                 Oct-Dec........            0.01            0.02            0.02
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    The data shown in Tables 3 and 4 are complete, quality-assured, and 
certified and show 0.04 [mu]g/m\3\ as the highest three-month rolling 
average, well below the standard of 0.15 [mu]g/m\3\. The September 22, 
2016, submittal from Illinois EPA requested redesignation to attainment 
based on data for the three-year period of 2013-2015, which showed that 
the Granite City area was meeting the 2008 lead NAAQS with a design 
value of 0.06 [mu]g/m\3\. In this action, EPA is redesignating the 
Granite City area based on the more recent monitoring data for the 
three-year period of 2014-2016, which has a lower design value of 0.04 
[mu]g/m\3\.
    EPA's review of this data indicates that the Granite City area has 
attained and should continue to attain the 2008 lead NAAQS.

B. EPA Has Fully Approved the Applicable SIP for the Areas Under 
Section 110(k) and the Areas Have Met All Applicable Requirements Under 
Section 110 and Part D (Section 107(d)(3)(E)(ii) and (v))

    With the exception of the emissions inventory requirement under 
section 172(c)(3), EPA has approved all applicable requirements of the 
Illinois SIP for the areas under Section 110(k) (EPA action on plan 
submissions), in accordance with section 107(d)(3)(E)(ii). As discussed 
below, EPA is approving Illinois' 2012 emissions inventory as meeting 
the section 172(c)(3) comprehensive emissions inventory requirement as 
part of this action.
    Additionally, the Illinois SIP meets all currently applicable SIP 
requirements for purposes of redesignation of the Chicago and Granite 
City areas under section 110 of the CAA (general SIP requirements), and 
Illinois' submittal meets all SIP requirements applicable under part D 
of the CAA (plan requirements for nonattainment areas in general), in 
accordance with section 107(d)(3)(E)(v).
1. Illinois Has Met All Applicable Requirements for Purposes of 
Redesignation of the Chicago and Granite City Areas Under Section 110 
and Part D of the CAA
a. Section 110 General SIP Requirements
    Section 110(a) of title I of the CAA contains the general 
requirements for a SIP. Section 110(a)(2) provides that the 
implementation plan submitted by a state must have been adopted by the 
state after reasonable public notice and hearing, and, among other 
things, must: Include enforceable emission limitations and other 
control measures, means or techniques necessary to meet the 
requirements of the CAA; provide for establishment and operation of 
appropriate devices, methods, systems, and procedures necessary to 
monitor ambient air quality; provide for implementation of a source 
permit program to regulate the modification and construction of any 
stationary source within the areas covered by the plan; include 
provisions for the implementation of part C, Prevention of Significant 
Deterioration (PSD) and part D, New Source Review (NSR) permit 
programs; include criteria for stationary source emission control 
measures, monitoring, and reporting; include provisions for air quality 
modeling; and provide for public and local agency participation in 
planning and emission control rule development. EPA has historically 
referred to SIP submissions made for the purpose of satisfying the 
requirements of CAA section 110(a)(2) as ``infrastructure SIP'' 
submissions.
    Additionally, section 110(a)(2)(D) of the CAA requires that SIPs 
contain measures to prevent sources in a state from significantly 
contributing to air quality problems in another state. EPA has 
historically referred to SIP submissions made for the purpose of 
satisfying the requirements of CAA section 110(a)(2)(D) as ``transport 
SIP'' submissions.
    EPA interprets the ``applicable'' requirements for an area's 
designation to be those requirements linked with a particular area's 
nonattainment designation. Therefore, the section 110 elements 
described above that are not connected with nonattainment plan 
submissions and not linked with an area's attainment status, such as 
the infrastructure SIP elements of section 110(a)(2) and transport SIP 
submittal requirements under section 110(a)(2)(D), are not applicable 
requirements for purposes of redesignation. This is because a state 
remains subject to these requirements after an area is redesignated to 
attainment, and therefore these requirements are not relevant in 
evaluating a redesignation request.
    EPA has applied this interpretation consistently in many 
redesignations for decades. See 81 FR 44210 (July 7, 2016) (final 
redesignation for the Sullivan County, Tennessee area); 79 FR 43655 
(July 28, 2014) (final redesignation for Bellefontaine, Ohio lead 
nonattainment area); 61 FR 53174-53176 (October 10, 1996) and 62 FR 
24826 (May 7, 1997) (proposed and final redesignation for Reading, 
Pennsylvania ozone nonattainment area); 61 FR 20458 (May 7, 1996) 
(final redesignation for Cleveland-Akron-Lorain, Ohio ozone 
nonattainment area); and 60 FR 62748 (December 7, 1995) (final 
redesignation of Tampa, Florida ozone nonattainment area). See also 65 
FR 37879, 37890 (June 19, 2000) (discussing this issue in final 
redesignation of Cincinnati, Ohio 1-hour ozone nonattainment area); 66 
FR 53094 (October 19, 2001) (final redesignation of Pittsburgh, 
Pennsylvania 1-hour ozone nonattainment area).
    We have reviewed the Illinois SIP and determined that it meets the 
general SIP requirements under section 110 of the CAA to the extent 
those requirements are applicable for purposes of

[[Page 48453]]

redesignation. EPA has previously approved provisions of Illinois' SIP 
addressing section 110 requirements (including provisions addressing 
lead) at 40 CFR 52.745.
b. Part D Requirements
    Upon approval of Illinois' 2012 emissions inventory for each area, 
the Illinois SIP will meet the nonattainment area requirements for the 
Chicago and Granite City areas for purposes of redesignation under part 
D of the CAA, including the requirements under sections 172 and 176, 
which are discussed further below.
(i) Section 172 Nonattainment Plan Requirements
    For purposes of evaluating this redesignation request, the 
applicable SIP requirements of section 172 are contained in sections 
172(c)(1) through (9), which address requirements for nonattainment 
areas. A thorough discussion of the requirements contained in section 
172 can be found in the General Preamble for Implementation of Title I 
(57 FR 13498, April 16, 1992).
    Section 172(c)(1) requires nonattainment plans to provide for the 
implementation of all reasonably available control measures (RACM) as 
expeditiously as practicable and to provide for attainment of the 
primary NAAQS. EPA interprets this requirement to impose a duty on all 
states to consider all available control measures for all nonattainment 
areas and to adopt and implement such measures as are reasonably 
available for implementation in each area as components of the area's 
attainment demonstration. Because the Chicago and Granite City areas 
have attained the 2008 lead NAAQS, Illinois does not need to address 
additional measures to provide for attainment, and the requirements 
under section 172(c)(1) are no longer considered to be applicable so 
long as the area continues to attain the standard until redesignation. 
(40 CFR 51.918).
    Section 172(c)(2) provides that nonattainment plans must require 
reasonable further progress (RFP), which is defined as progress that 
must be made toward attainment. This requirement is not relevant for 
purposes of the Chicago and Granite City redesignations because the 
areas have monitored attainment of the 2008 lead NAAQS. (General 
Preamble, 57 FR 13564). See also 40 CFR 51.918. The requirement to 
submit contingency measures under section 172(c)(9) is similarly not 
applicable for purposes of redesignation. Id.
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. In 
their redesignation request, Illinois submitted inventories of actual 
lead emissions in 2012 for each source in the Chicago and Granite City 
areas that may have contributed to an exceedance of the NAAQS. At 40 
CFR 51.117, EPA provides a threshold at which lead emissions must be 
included in an inventory; as shown in Illinois' submittal, no other 
source in either area emits at or above the threshold level of 0.5 or 
more tons of lead per year. EPA is approving the 2012 inventories, 
summarized in Table 5 below, as meeting the section 172(c)(3) emissions 
inventory requirement for the Chicago and Granite City areas.

 Table 5--Actual Emissions Inventories for the Chicago and Granite City
                              Areas in 2012
------------------------------------------------------------------------
                                                          Lead emissions
                                                            (lbs/year)
------------------------------------------------------------------------
H. Kramer facility in Chicago area......................             200
Mayco facility in Granite City area.....................             903
------------------------------------------------------------------------

    Section 172(c)(4) requires nonattainment plans to identify and 
quantify allowable emissions for major new and modified stationary 
sources in an area, and section 172(c)(5) requires source permits for 
the construction and operation of new and modified major stationary 
sources anywhere in the nonattainment area. EPA approved Illinois' 
current NSR program as meeting the requirements of section 172(c)(4) 
and 172(c)(5) on May 13, 2003 (68 FR 25504).
    Section 172(c)(6) requires nonattainment plans to include 
enforceable emission limitations, and such other control measures, 
means or techniques as may be necessary or appropriate to provide for 
attainment of the standard. Because the areas have reached attainment 
has been reached, no additional measures are needed to provide for 
attainment.
    Section 172(c)(7) requires nonattainment plans to meet the 
applicable provisions of section 110(a)(2). As discussed above, the 
Illinois SIP meets the applicable provisions of section 110(a)(2) for 
purposes of redesignation.
    Section 172(c)(8) allows for equivalent modeling, emission 
inventory, and planning procedures in certain circumstances upon 
application by the State, which is not applicable to this action.
(ii) Section 176 Conformity Requirements
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that Federally-supported or funded activities, 
including highway and transit projects, conform to the air quality 
planning goals in the applicable SIPs. The requirement to determine 
conformity applies to transportation plans, programs and projects 
developed, funded or approved under title 23 of the U.S. Code and the 
Federal Transit Act (transportation conformity) as well as to all other 
Federally-supported or funded projects (general conformity). In light 
of the elimination of lead additives in gasoline, transportation 
conformity does not apply to the lead NAAQS. See 73 FR 66964, 67043 
n.120. In addition, EPA approved Illinois' general conformity SIP on 
December 23, 1997 (62 FR 6700).
2. Illinois Has a Fully Approved Applicable SIP Under Section 110(k) of 
the CAA
    Upon final approval of Illinois' comprehensive 2012 emissions 
inventories, EPA will have fully approved the Illinois SIP for the 
Chicago and Granite City areas under section 110(k) of the CAA for all 
requirements applicable to the attainment status of the areas. EPA may 
rely on prior SIP approvals in approving a redesignation request (See 
page 3 of the September 4, 1992, Processing Requests to Redesignate 
Areas to Attainment: Policy Memorandum \4\ (Calcagni memorandum)); 
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 
989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)) 
plus any additional measures EPA may approve in conjunction with a 
redesignation action. See 68 FR 25413, 25426 (May 12, 2003). Since the 
passage of the CAA of 1970, Illinois has adopted and submitted, and EPA 
has fully approved, provisions addressing various required SIP elements 
under lead standards.
---------------------------------------------------------------------------

    \4\ https://www.epa.gov/ozone-pollution/procedures-processing-requests-redesignate-areas-attainment.
---------------------------------------------------------------------------

    Under section 172, states with nonattainment areas must submit 
plans providing for timely attainment and meeting a variety of other 
requirements. EPA made a final determination of attainment for the 
Chicago area (also known as a clean data determination) on August 24, 
2015 (80 FR 51127). Pursuant to 40 CFR 51.1004(c), EPA's

[[Page 48454]]

determination that the area has attained the 2008 lead standard 
suspended the requirement to submit certain planning SIPs related to 
attainment, including attainment demonstration requirements, the RACM 
requirements of 172(c)(3), the RFP and attainment demonstration 
requirements of sections 172(c)(2) and (6) and 182(b)(1) of the CAA, 
and the requirement for contingency measures under section 172(c)(9) of 
the CAA. As discussed above, since EPA's final determination of 
attainment in 2015, the Chicago area has continued to attain the 
standard and should remain in attainment. Because in today's rulemaking 
we are determining that the Granite City area has also attained the 
standard, EPA is suspending those same requirements under section 172 
and 182(b)(1) of the CAA for the Granite City area.
    As a result, the only remaining requirement under section 172 to be 
evaluated is the emissions inventory required under section 172(c)(3). 
In this action, EPA is approving Illinois' 2012 emissions inventories 
for the Chicago and Granite City areas as meeting the requirement of 
section 172(c)(3) of the CAA. No Chicago area or Granite City area SIP 
provisions regarding lead under Section 172 of the CAA are currently 
disapproved, conditionally approved, or partially approved.

C. The Improvement in Air Quality Is Due to Permanent and Enforceable 
Reductions in Emissions Resulting From Implementation of the SIP and 
Applicable Federal Air Pollution Control Regulations and Other 
Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii))

    As part of this action, EPA is approving Illinois EPA's request to 
modify the Illinois SIP to include the requirements at 35 Ill. Adm. 
Code Part 226. As discussed below, the rules at 35 Ill. Adm. Code Part 
226 place new control requirements and emission limits on lead sources 
in the Chicago and Granite City areas, and are more stringent than the 
previous SIP-approved rules. Inclusion of these rules into the SIP 
means that these requirements are permanent and enforceable.
    In developing the proposed SIP revisions, Illinois EPA assessed the 
practices and processes at the H. Kramer and Mayco facilities that 
contributed to exceedances of the NAAQS in the Chicago area and Granite 
City area, respectively. Illinois determined that emissions from the 
stacks at each facility were not appropriately limited, and that 
certain parts of the Mayco manufacturing process were not controlled at 
all. Illinois also determined that fugitive emissions from each 
facility were a significant factor in the exceedances of the NAAQS, and 
were caused by a lack of proper enclosure under negative pressure, as 
well as insufficient housekeeping and cleaning procedures. Illinois 
structured its new rule to address the specific deficiencies at the H. 
Kramer and Mayco facilities that contributed to the exceedances of the 
lead NAAQS.
    35 Ill. Adm. Code Part 226, titled ``Standards and Limitations for 
Certain Sources of Lead'', which became effective at the state level on 
April 21, 2014, applies to nonferrous metal production facilities in 
the Chicago and Granite City areas. In practice, the rule applies to 
the H. Kramer and Mayco facilities, which are the only two nonferrous 
metal production facilities in the areas. The rule provides lead 
emission standards and requires specific emission controls based on the 
equipment and manufacturing processes that are used at each facility; 
requires affected sources to operate under specified state or federal 
permitting programs; requires that owners or operators of lead emission 
units install, maintain, and operate monitoring equipment; sets 
requirements for recording and submitting monitoring data; requires 
that subject owners or operators operate pressure differential and leak 
detection systems at all times; requires total enclosure of specified 
lead emission units when the unit is operating or housekeeping 
activities are being performed; provides options for measurement of all 
natural draft openings and the total surface area of the total 
enclosure; requires inward flow of air through all natural draft 
openings; requires monthly inspections; requires the owner or operator 
of a lead emission unit to operate a fugitive dust operating program, 
and specifies areas, activities, and events subject to this program; 
provides specific emissions testing requirements; includes specific 
recordkeeping and reporting requirements, including a requirement to 
submit semiannual reports to Illinois EPA; and states that records must 
be maintained for at least five years.
    In its September 22, 2016, submission, Illinois EPA showed that the 
implementation of the requirements of 35 Ill. Adm. Code Part 226 has 
resulted in a substantial decrease in emissions from the H. Kramer and 
Mayco facilities. As part of its analysis of these areas, Illinois EPA 
determined emissions prior to the April 21, 2014, effective date of 35 
Ill. Adm. Code Part 226 at each facility based on stack testing. For 
2012, the H. Kramer facility reported 200 lbs of emissions, and the 
Mayco facility reported 903 lbs of emissions. Illinois then conducted 
modeling to calculate allowable emissions from each facility under 35 
Ill. Adm. Code Part 226 for 2014 and future years. Illinois determined 
that H. Kramer should emit no more than 99.9889 lbs/year, and Mayco 
should emit no more than 418.2620 lbs/year. This modeling is discussed 
in detail below. As shown in Table 6, Illinois' modeling shows that the 
emissions reductions correlate with a decrease in monitored ambient 
lead levels.

                      Table 6--Emissions Reductions and Improvements in Air Quality for the
                                      Nonattainment and Attainment Periods
----------------------------------------------------------------------------------------------------------------
                                                                   Nonattainment                     2014-2016
                                                    2012 Actual    design value   2014 Allowable    Attainment
                                                  lead emissions   ([mu]g/m\3\)   lead emissions   design value
                                                    (lbs/year)          \5\         (lbs/year)     ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
H. Kramer facility in Chicago area..............             200            0.24         99.9889            0.04
Mayco facility in Granite City area.............             903            0.28        418.2620            0.04
----------------------------------------------------------------------------------------------------------------

    Based on the information provided in its submission, Illinois has 
demonstrated that the observed air quality improvements in the Chicago 
and Granite City areas are due to the requirements at 35 Ill. Adm. Code 
Part 226. Relative to emissions in 2012, Illinois' analysis shows that 
these

[[Page 48455]]

requirements result in emission reductions of at least 50% from both H. 
Kramer in the Chicago area and Mayco in the Granite City area. 
Furthermore, Illinois believes these emission reduction estimates are 
conservative because the reductions were calculated based on allowable 
emissions under the rule, and actual emissions are likely to be 
lower.\6\
---------------------------------------------------------------------------

    \5\ The Chicago area was designated nonattainment using the 
design value for the 2008-2010 period, and the Granite City area was 
designated nonattainment using the design value for the 2007-2009 
period.
    \6\ For a source's actual emissions to be equivalent to its 
allowable emissions, the source would need to operate every emission 
unit at maximum capacity continuously throughout the year.
---------------------------------------------------------------------------

D. Illinois Has a Fully Approved Maintenance Plan Pursuant to Section 
175A of the CAA (Section 107(d)(3)(E)(iv))

    In conjunction with Illinois' request to redesignate the Chicago 
and Granite City nonattainment areas to attainment status, Illinois has 
submitted, as a SIP revision, a plan to provide for maintenance of the 
2008 lead NAAQS in the areas through 2030. EPA has reviewed the 
maintenance plan and finds that it meets the requirements of section 
175A of the CAA as explained further below.
    Section 175A of the CAA sets forth the required elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment. Under section 175A, the plan must demonstrate continued 
attainment of the applicable NAAQS for at least ten years after EPA 
approves a redesignation to attainment. Eight years after 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for ten 
years following the initial ten-year maintenance period. To address the 
possibility of future NAAQS violations, the maintenance plan must 
contain contingency measures with a schedule for implementation as EPA 
deems necessary to assure prompt correction of any future NAAQS 
violations.
    EPA's September 4, 1992, Calcagni memorandum provides additional 
guidance on the content of a maintenance plan. The memorandum states 
that a maintenance plan should address the following items: The 
attainment emissions inventory, a maintenance demonstration showing 
maintenance for the ten years of the maintenance period, a commitment 
to maintain the existing monitoring network, factors and procedures to 
be used for verification of continued attainment of the NAAQS, and a 
contingency plan to prevent or correct future violations of the NAAQS.
    Section 175A requires a state seeking redesignation to attainment 
to submit a SIP revision to provide for the maintenance of the NAAQS in 
the area ``for at least 10 years after the redesignation.'' EPA has 
interpreted this as a showing of maintenance ``for a period of ten 
years following redesignation.'' Calcagni memorandum at 9. Where the 
modeling method of showing maintenance is used, a state must show that 
``the future mix of sources and emission rates will not cause a 
violation of the NAAQS.'' Id. Modeling should ``contain a summary of 
the air quality concentrations expected to result from application of 
the control strategy'' and ``identify and describe the dispersion model 
or other air quality model used to project ambient concentrations.'' 
Id.
1. Attainment Inventory
    Illinois developed emissions inventories for lead for 2014, one of 
the years in the period during which the Chicago and Granite City areas 
monitored attainment of the 2008 lead standard. Illinois EPA calculated 
this inventory for the H. Kramer and Mayco facilities based on 
allowable emissions considering the emission limits and control 
requirements under 35 Ill. Adm. Code Part 226, and requested that the 
resulting emissions totals be used to satisfy the maintenance plan 
requirements of section 175A. This approach is consistent with the 
modeling that Illinois conducted to show that future emissions of lead 
will not cause a violation of the NAAQS.
    These allowable emissions levels for the 2014 attainment year, 
summarized in Table 7 below, satisfy the pertinent maintenance plan 
requirements of section 175A.

  Table 7--Allowable Emissions Inventories for the Chicago and Granite
                 City Areas in the 2014 Attainment Year
------------------------------------------------------------------------
                                                               Lead
                                                          emissions (lbs/
                                                               year)
------------------------------------------------------------------------
H. Kramer facility in Chicago area......................         99.9889
Mayco facility in Granite City area.....................        418.2620
------------------------------------------------------------------------

2. Demonstration of Maintenance
    Illinois' plan demonstrates maintenance of the 2008 lead standard 
through 2030 by showing modeled attainment of the standard for 
projected future emissions, even at the highest levels of emissions 
allowed by the new rules at 35 Ill. Adm. Code Part 226, which are 
discussed in detail above.
    As clarified by Illinois EPA on February 16, 2017, the Illinois 
maintenance plan demonstrates how the projected level of emissions from 
affected sources is sufficient to permanently maintain the lead NAAQS. 
The maintenance plan relies on a January 9, 2014, submission of 
emissions inventories and modeling data, as well as a June 17, 2014, 
submission requesting that EPA add 35 Ill. Adm. Code Part 226 into the 
Illinois SIP. Illinois EPA modeling shows that these rules, once 
approved as part of the SIP, should permanently limit emissions to a 
level at which the 2008 lead NAAQS is maintained for ten years and 
beyond in the Chicago and Granite City areas.
    Illinois EPA conducted this modeling for both areas using EPA's 
dispersion model, AERMOD, as required at 40 CFR part 51, appendix W. 
Model output was processed using EPA's LEADPOST software. In 
undertaking this modeling, Illinois followed relevant EPA guidance, and 
appropriately considered meteorology, terrain, and stack height.
    Based on monitoring data and estimated emissions from nearby 
sources, the modeling assumes a background lead concentration of 0.02 
[mu]g/m\3\ for both the Chicago and Granite City areas. This assumption 
is conservative because the most recent monitoring data for the Chicago 
and Granite City areas show total ambient lead concentrations near this 
value. The modeling then applies the new rules at 35 Ill. Adm. Code 
Part 226 to the affected sources in each area, and calculates maximum 
allowable emissions from these sources. Adding the background 
concentration to the maximum allowable emissions, Illinois EPA's 
modeling shows that the maximum three-month rolling average of lead is 
0.128253 [mu]g/m\3\ for the Chicago area and 0.128333 [mu]g/m\3\ for 
the Granite City area, which are within the 2008 lead NAAQS standard of 
0.15 [mu]g/m\3\. Because this would be the maximum level of lead 
emissions allowed under permanent and enforceable SIP-approved rules, 
Illinois EPA has shown an ability to maintain the NAAQS for ten years 
and beyond.
3. Monitoring Network
    Illinois currently operates lead monitors in the Chicago and 
Granite City area. Illinois' maintenance plan includes a commitment to 
continue to operate its EPA-approved monitoring network as necessary to 
demonstrate ongoing compliance with the NAAQS.

[[Page 48456]]

4. Verification of Continued Attainment
    Illinois remains obligated to continue to quality-assure monitoring 
data and enter all data into AQS in accordance with Federal guidelines. 
Illinois has committed to using these data, supplemented with 
additional information as necessary, to assure that the area continues 
to attain the standard. Illinois will also continue to develop and 
submit periodic emission inventories as required by the Federal 
Consolidated Emissions Reporting Rule (67 FR 39602, June 10, 2002) to 
track future levels of emissions. Both of these actions will help to 
verify continued attainment in accordance with 40 CFR part 58.
5. Contingency Plan
    The contingency plan provisions are designed to promptly correct or 
prevent a violation of the NAAQS that might occur after redesignation 
of an area to attainment. Section 175A of the CAA requires that a 
maintenance plan include such contingency measures as EPA deems 
necessary to assure that the state will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the contingency measures to be adopted, a schedule and 
procedure for adoption and implementation of the contingency measures, 
and a time limit for action by the state. The state should also 
identify specific indicators to be used to determine when the 
contingency measures need to be adopted and implemented. The 
maintenance plan must include a requirement that the state will 
implement all pollution control measures that were contained in the SIP 
before redesignation of the area to attainment. See section 175A(d) of 
the CAA.
    Illinois' contingency plan is triggered when there is a violation 
of the lead NAAQS occurring after redesignation to attainment. Within 
six months of certification of monitoring data showing an exceedance of 
the NAAQS, Illinois will complete a comprehensive study to determine 
the cause or causes of the violation, and the control measure or 
measures necessary to mitigate the problem. This study will consider 
the number, location, and severity of the violations; the weather 
patterns contributing to high concentrations of lead; contributing 
emissions sources; emissions trends, including timeliness of 
implementation of scheduled control measures; current and recently-
identified control technologies; and air quality contributions from 
outside the maintenance area.
    If the study shows that additional controls of sources within the 
area is appropriate, the Illinois contingency plan is to incrementally 
lower emission limits and implement associated measures at the unit or 
units that are shown to be the cause or causes of the NAAQS violation. 
The selection of measures will be based upon several factors, including 
emissions reduction potential, timing of implementation, and social 
considerations. Illinois EPA will solicit input from interested and 
affected parties prior to selecting the appropriate measures. The 
process will include publication for notices, an opportunity for public 
hearing, and other actions required by Illinois law.
    Illinois' contingency measures, as well as the commitment to 
implement SIP requirements as necessary, satisfy the pertinent 
requirements of section 175A(d).
    As required by section 175A(b) of the CAA, Illinois committed to 
submit to EPA an updated lead maintenance plan eight years after 
redesignation of the Chicago and Granite City areas to cover an 
additional ten-year period beyond the initial ten-year maintenance 
period.
    For the reasons set forth above, EPA is approving, as a SIP 
revision, Illinois' 2008 lead NAAQS maintenance plan for the Chicago 
and Granite City areas because the plan meets the requirements of CAA 
section 175A.

V. What are the effects of EPA's actions?

    Approval of this redesignation request changes the official 
designation of the Chicago, Illinois and Granite City, Illinois areas 
for the 2008 lead NAAQS, found at 40 CFR part 81, from nonattainment to 
attainment. This action also approves, as revisions to the Illinois 
SIP, the rules at 35 Ill. Adm. Code Part 226, the maintenance plan for 
the 2008 lead standard in the Chicago and Granite City areas, and 
Illinois' 2012 emissions inventories for the Chicago and Granite City 
areas pursuant to section 172(c)(3) of the CAA.
    As discussed above, section 172(c)(3) of the CAA requires areas to 
submit a comprehensive emissions inventory including all lead sources 
in the nonattainment area. EPA is approving the Illinois 2012 emissions 
inventories outlined in Table 5 for the Chicago and Granite City areas 
as fulfilling this requirement.
    In its September 22, 2016, submission, Illinois EPA requested that 
EPA approve 35 Ill. Adm. Code Part 226 as a revision to the Illinois 
SIP as control measures to maintain attainment in the Chicago and 
Granite City areas. As discussed above, these rules control emissions 
from lead sources, specifically at the H. Kramer and Mayco facilities, 
and inclusion of these rules into the SIP makes these measures 
permanent and enforceable. In today's action, EPA is approving 
Illinois' request to modify the SIP to include these rules.
    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 December 18, 
2017 without further notice unless we receive relevant adverse written 
comments by November 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 
December 18, 2017.

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 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). 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

[[Page 48457]]

Director of the Federal Register in the next update to the SIP 
compilation

VII. 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);
     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 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 December 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Reporting and 
recordkeeping requirements.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: September 28, 2017.
Robert A. Kaplan,
Acting 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 tables in paragraph (c) and (e) are amended:
0
i. In paragraph (c) under the subheading ``Subchapter c: Emission 
Standards and Limitations for Stationary Sources'' by adding entries in 
numerical order under a new subheading ``Part 226: Standards And 
Limitations For Certain Sources Of Lead'';
0
ii. in paragraph (e) under the subheading ``Attainment and Maintenance 
Plans'' by adding new entries in alphabetical order for ``Lead (2008) 
attainment and maintenance plan'' and ``Lead (2008)--Clean Data 
Determination''; and
0
iii. in paragraph (e) under the subheading ``Emission Inventories'' by 
adding a new entry in alphabetical order for ``Emission inventory -2012 
(2008 Lead)''.
    The additions read as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *

[[Page 48458]]



                                 EPA-Approved Illinois Regulations And Statutes
----------------------------------------------------------------------------------------------------------------
                                                            State
        Illinois citation              Title/subject      effective     EPA approval date         Comments
                                                             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                     Subchapter C: Emission Standards and Limitations for Stationary Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                         Part 226: Standards and Limitations for Certain Sources of Lead
----------------------------------------------------------------------------------------------------------------
226.100..........................  Severability........    4/21/2014  10/18/2017, [Insert
                                                                       Federal Register
                                                                       citation].
226.105..........................  Scope and               4/21/2014  10/18/2017, [Insert
                                    Organization.                      Federal Register
                                                                       citation].
226.110..........................  Abbreviations and       4/21/2014  10/18/2017, [Insert
                                    Acronyms.                          Federal Register
                                                                       citation].
226.115..........................  Definitions.........    4/21/2014  10/18/2017, [Insert
                                                                       Federal Register
                                                                       citation].
226.120..........................  Incorporations by       4/21/2014  10/18/2017, [Insert
                                    Reference.                         Federal Register
                                                                       citation].
226.125..........................  Applicability.......    4/21/2014  10/18/2017, [Insert
                                                                       Federal Register
                                                                       citation].
226.130..........................  Compliance Date.....    4/21/2014  10/18/2017, [Insert
                                                                       Federal Register
                                                                       citation].
226.140..........................  Lead Emission           4/21/2014  10/18/2017, [Insert
                                    Standards.                         Federal Register
                                                                       citation].
226.150..........................  Operational             4/21/2014  10/18/2017, [Insert
                                    Monitoring for                     Federal Register
                                    Control Device.                    citation].
226.155..........................  Total Enclosure.....    4/21/2014  10/18/2017, [Insert
                                                                       Federal Register
                                                                       citation].
226.160..........................  Operational             4/21/2014  10/18/2017, [Insert
                                    Measurement for                    Federal Register
                                    Total Enclosure.                   citation].
226.165..........................  Inspection..........    4/21/2014  10/18/2017, [Insert
                                                                       Federal Register
                                                                       citation].
226.170..........................  Lead Fugitive Dust      4/21/2014  10/18/2017, [Insert
                                    Operating Program.                 Federal Register
                                                                       citation].
226.175..........................  Emissions Testing...    4/21/2014  10/18/2017, [Insert
                                                                       Federal Register
                                                                       citation].
226.185..........................  Recordkeeping and       4/21/2014  10/18/2017, [Insert
                                    Reporting.                         Federal Register
                                                                       citation].
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                       EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable          State
      Name of SIP provision            geographic or      submittal     EPA approval date         Comments
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Attainment and Maintenance Plans
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Lead (2008) attainment and         Chicago and Granite     9/22/2016  10/18/2017, [Insert
 maintenance plan.                  City areas.                        Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Lead (2008)--Clean Data            Granite City area...          N/A  10/18/2017, [Insert
 Determination.                                                        Federal Register
                                                                       citation].
 

[[Page 48459]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                              Emission Inventories
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Emission inventory--2012 (2008     Chicago and Granite     9/22/2016  10/18/2017, [Insert
 Lead).                             City areas.                        Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

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 table entitled 
``Illinois--2008 Lead NAAQS'' to read as follows:


Sec.  81.314  Illinois.

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                                            Illinois--2008 Lead NAAQS
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                                                               Designation for the 2008 NAAQS \a\
               Designated area                ------------------------------------------------------------------
                                                  Date \1\                            Type
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Chicago, IL:
    Cook County (part).......................      10/18/2017  Attainment.
        Area bounded by Damen Ave. on the
         west, Roosevelt Rd. on the north,
         the Dan Ryan Expressway on the east,
         and the Stevenson Expressway on the
         south.
Granite City, IL:
    Madison County (part)....................      10/18/2017  Attainment.
        Area is bounded by Granite City
         Township and Venice Township.
        Rest of State........................  ..............  Unclassifiable/Attainment.
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ December 31, 2011, unless otherwise noted.

[FR Doc. 2017-22512 Filed 10-17-17; 8:45 am]
BILLING CODE 6560-50-P