[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Proposed Rules]
[Pages 41672-41674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17350]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0331; FRL-9998-03-Region 5]


Air Plan Approval; Illinois; NAAQS Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state submission as a revision to the Illinois state 
implementation plan (SIP). The revision, submitted on May 30, 2019, 
incorporates several revisions to Illinois's air pollution control 
rules entitled ``Ambient Air Quality Standards'' and is related to the 
National Ambient Air Quality Standards (NAAQS). The revision updates 
the ``List of Designated Reference and Equivalent Methods'' in response 
to EPA rulemakings. In addition, Illinois addresses EPA's revocation of 
the 1971 sulfur dioxide (SO2) and the 1978 lead (Pb) NAAQS.

DATES: Comments must be received on or before September 16, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0331 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, [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 are the State rule revisions?
II. What is EPA's analysis of the State's submittal?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What are the State rule revisions?

    On May 30, 2019, the Illinois Environmental Protection Agency 
(IEPA) submitted a request to EPA to incorporate revisions to the 
Illinois air pollution control rules in Title 35 of the Illinois 
Administrative Code, Part 243--Air Quality Standards (Part 243). The 
submission updates the following rules in Part 243: Sections 243.108, 
243.120, 243.122, 243.125, and 243.126. Part 243 includes Illinois's 
regulation adoption of ambient air quality standards related to the 
NAAQS.

II. What is EPA's analysis of the State's submittal?

    Illinois revised Part 243 to reflect amendments to EPA's ``List of 
Designated References and Equivalent Methods'' used to determine 
compliance with the NAAQS (fine particulate matter (PM2.5) 
and coarse particulate matter (PM10), SO2, carbon 
monoxide (CO), Pb, oxides of nitrogen (NOX), and ozone 
(O3)). In addition to these changes Illinois updated 
existing rule language to address EPA's revocation of the 1971 
SO2 and the 1978 Pb NAAQS.
    Other revisions to Part 243 include a range of administrative 
changes, such as making grammatical corrections to language updates; 
removing the unnecessary version date from the Code of Federal 
Regulations (CFR) citations and updating the CFR citations to the 
latest version available.
    EPA is proposing to approve the revisions to Part 243 which are 
described below:
    Section 243.108 Incorporation by Reference--incorporates by 
reference EPA's ``List of Designated Reference and Equivalent Methods'' 
for measuring ambient concentrations to demonstrate compliance with the 
NAAQS (PM2.5 and PM10, SO2, CO, Pb, 
NOX, and O3).
    EPA designated two new Federal reference monitoring methods on 
February 13, 2018 (83 FR 6174) and on June 1, 2018 (83 FR 13198) for 
nitrogen dioxide (NO2) in ambient air. On June 15, 2018, EPA 
updated the ``List of Designated Reference and Equivalent Methods'' to 
include these new Federal reference monitoring methods for 
NO2. The proposed SIP revision would update section 243.108 
to incorporate the changes based on EPA's action dated June 15, 2018.
    Additionally, Illinois updated section 243.108, to incorporate by 
reference the following monitoring methods: 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, to 
the 2018 edition of the CFR.

[[Page 41673]]

    Section 243.120 PM10 and PM2.5--contains the 
1987 and 1997 primary and secondary standards and measurement methods 
for PM10 and PM2.5. In this section, the 
revisions are administrative changes.
    Section 243.122 Sulfur Oxides (Sulfur Dioxide)--contains the 1971 
primary and secondary standards and measurement methods for sulfur 
oxide (as SO2), respectively, in subsections 243.122(a) and 
(b).
    In this section, Illinois revised subsection 243.122(a)(5) by 
updating the ``Board note'' listing the specific areas where the 1971 
NAAQS no longer applies. These areas in Illinois have been designated 
nonattainment for the more stringent 2010 primary SO2 NAAQS. 
Thus, the proposed revision will only revoke the 1971 standard where 
EPA has adopted Round 1 and Round 2 area designations for the 2010 
NAAQS for SO2 (78 FR 47191; 81 FR 45039).
    Section 243.125 Ozone--contains the 2008 and 2015 primary and 
secondary 8-hour standards and measurement methods for O3. 
In this section the revisions are administrative changes.
    Section 243.126 Lead--contains the 1978 and 2008 primary and 
secondary standards and measurement methods for Pb, respectively, in 
subsections 243.126(a) and 243.126(b). In this section, Illinois 
proposed to revoke the 1978 NAAQS for Pb by removing the provision in 
subsection 243.126(a).
    EPA's final 2008 Pb regulation states that the 1978 NAAQS for Pb no 
longer applies one year after the effective date. (November 12, 2008, 
73 FR 66964). Illinois updated a Board note explaining the reason for 
the removal of the 1978 NAAQS based on EPA designation of the Granite 
City area nonattainment for the 2008 primary and secondary three-month 
average NAAQS for Pb effective December 31, 2011 and an area of Chicago 
effective December 31, 2012. See 75 FR 71033, 71042 (Nov. 22, 2010); 76 
FR 72097, 79108 (Nov. 22, 2011)). The remaining areas of the state were 
designated as ``unclassifiable/attainment'', effective December 31, 
2012.

Section 110(l) Analysis of the State's Submittal

    EPA is proposing to approve the revisions to Part 243 discussed 
above because the revisions meet all applicable requirements under the 
Clean Air Act (CAA), consistent with section 110(k)(3) of the CAA. 
Furthermore, Illinois has shown that the revisions to Part 243 do not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress or any other applicable CAA requirement, 
consistent with section 110(l) of the CAA.
    Under Section 110(l) of the CAA, EPA shall not approve a SIP 
revision if it would interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171 of the CAA) or any other applicable requirement of the CAA. 
The proposed SIP revision would not interfere with any applicable CAA 
requirements based on technical analysis submitted by Illinois. Part 
243 contains the state's ambient air quality standards, which are 
consistent with the NAAQS. The changes to the ambient air quality 
standards in Part 243 rules will have no effect on actual or allowable 
emissions as they only clarify EPA's rulemaking related to the NAAQS.
    Illinois has shown there is no impact of revising Part 243 that 
would hinder Illinois's ability to maintain and meet the NAAQS for 
NO2, O3, Pb, PM2.5, PM10, 
SO2, and CO. Therefore, these revisions to Part 243 are 
approvable as they update Part 243 to be consistent with EPA's 
rulemaking related to the NAAQS. The revisions will not increase any 
emissions to the atmosphere because they do not impact on any source 
applicability or emissions.

III. What action is EPA taking?

    EPA is proposing to approve revisions to Illinois's Part 243 
submitted on May 30, 2019, as a revision to the Illinois SIP. EPA is 
also proposing approval of a revision removing the provisions of the 
1978 NAAQS for Pb, specifically, section 243.126(a)(1) and (2) from 
Part 243.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA proposes to incorporate by 
reference revisions to 35 Illinois Administrative Code Part 243 ``Air 
Quality Standards'', sections 243.108, 243.120, 243.122, 243.125, and 
243.126, effective February 19, 2019. EPA has made, and will continue 
to make, these documents generally available through 
www.regulations.gov and at the EPA Region 5 Office (please contact the 
person identified in the For Further Information Contact section of 
this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as

[[Page 41674]]

specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides, Volatile organic compounds.

    Dated: July 30, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-17350 Filed 8-14-19; 8:45 am]
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