[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54626-54628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21188]



[[Page 54626]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0544, EPA-R05-OAR-2021-0144; FRL-90003-02-R5]


Air Plan Approval; Illinois; National Ambient Air Quality 
Standards Updates; Reference and Equivalent Methods Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving several 
revisions to the Illinois State Implementation Plan (SIP). First, EPA 
is approving amendments to the Illinois SIP that incorporate by 
reference EPA's current national ambient air quality standard for 
ozone, particulate matter, lead, nitrogen dioxide, and sulfur oxides. 
Second, EPA is approving revisions to the Illinois SIP that incorporate 
by reference current Federal Reference Methods for monitoring carbon 
monoxide, ozone, particulate matter, lead, nitrogen dioxide, and sulfur 
oxides. Third, EPA is approving an amendment to the Illinois SIP that 
reflects a recent update to EPA's List of Designated Reference and 
Equivalent Methods. Lastly, EPA is approving minor revisions and 
corrections to the Illinois SIP.

DATES: This final rule is effective on November 3, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2020-0544 and EPA-R05-OAR-2021-0144. All documents in 
the docket are listed on the www.regulations.gov website. Although 
listed in the index, some information is not publicly available, i.e., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either through www.regulations.gov or at the 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
Federal holidays and facility closures due to COVID-19. We recommend 
that you telephone Anthony Maietta, Environmental Protection 
Specialist, at (312) 353-8777 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background Information.

    On June 21, 2021, EPA proposed to approve revisions to several 
sections of Title 35 of the Illinois Administrative Code, Part 243 (35 
IAC 243), Subparts A (``General Provisions'') and B (``Standards and 
Measurement Methods'') requested by the Illinois Environmental 
Protection Agency on October 20, 2020 and February 16, 2021. See 86 FR 
32366. An explanation of the applicable Clean Air Act (CAA) 
requirements, a detailed analysis of the revisions, and EPA's reasons 
for proposing approval were provided in the notice of proposed 
rulemaking and will not be restated here. The public comment period for 
this proposed rulemaking ended on July 21, 2021. EPA did not receive 
any comments on the proposal. Therefore, we are finalizing our action 
as proposed.

II. What action is EPA taking?

    EPA is approving the revisions to 35 IAC 243 as outlined in 
Illinois' October 20, 2020 submittal, except for 35 IAC 243.108. EPA is 
also approving the revisions to 35 IAC 243 as outlined in Illinois' 
February 16, 2021 submittal.

III. 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 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 SIP, 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 in the next update to the SIP 
compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. 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).

[[Page 54627]]

    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 December 3, 2021. 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. This action may not be challenged later in proceedings to 
enforce its requirements. (See CAA 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, Volatile organic compounds.

    Dated: September 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends title 40 CFR 
part 52 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 the 
heading ``Subchapter I: Air Quality Standards and Episodes'' ``Part 
243: Air Quality Standards'' by:
0
A. Under the heading ``Subpart A: General Provisions'':
0
1. Revising the entries for 243.101, 243.105, 243.107, and 243.108;
0
2. Adding an entry for 243.102; and
0
B. Under the heading ``Subpart B: Standards and Measurement Methods'' 
adding entries for 243.120, 243.122, 243.123, 243.124, and 243.126.


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Illinois Regulations and Statutes
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                                                        State        EPA approval
       Illinois citation          Title/subject    effective date        date                  Comments
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                                Subchapter I: Air Quality Standards and Episodes
                                         Part 243: Air Quality Standards
                                          Subpart A: General Provisions
----------------------------------------------------------------------------------------------------------------
243.101.......................  Definitions......      12/17/2020  10/4/2021,        ...........................
                                                                    [INSERT FEDERAL
                                                                    REGISTER
                                                                    CITATION].
243.102.......................  Scope............      12/17/2020  10/4/2021,        ...........................
                                                                    [INSERT FEDERAL
                                                                    REGISTER
                                                                    CITATION].
 
                                                  * * * * * * *
243.105.......................  Air Quality            12/17/2020  10/4/2021,        ...........................
                                 Monitoring Data                    [INSERT FEDERAL
                                 Influenced by                      REGISTER
                                 Exceptional                        CITATION].
                                 Events.
 
                                                  * * * * * * *
243.107.......................  Reference              12/17/2020  10/4/2021,        ...........................
                                 Conditions.                        [INSERT FEDERAL
                                                                    REGISTER
                                                                    CITATION].
243.108.......................  Incorporation by       12/17/2020  10/4/2021,        ...........................
                                 Reference.                         [INSERT FEDERAL
                                                                    REGISTER
                                                                    CITATION].
----------------------------------------------------------------------------------------------------------------
                                  Subpart B: Standards and Measurement Methods
----------------------------------------------------------------------------------------------------------------
243.120.......................  PM10 and PM2.5...       8/18/2020  10/4/2021,        ...........................
                                                                    [INSERT FEDERAL
                                                                    REGISTER
                                                                    CITATION].
243.122.......................  Sulfur Oxides           8/18/2020  10/4/2021,        ...........................
                                 (Sulfur Dioxide).                  [INSERT FEDERAL
                                                                    REGISTER
                                                                    CITATION].
243.123.......................  Carbon Monoxide..       8/18/2020  10/4/2021,        ...........................
                                                                    [INSERT FEDERAL
                                                                    REGISTER
                                                                    CITATION].
243.124.......................  Nitrogen Oxides         8/18/2020  10/4/2021,        ...........................
                                 (Nitrogen                          [INSERT FEDERAL
                                 Dioxide as                         REGISTER
                                 Indicator).                        CITATION].
 

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                                                  * * * * * * *
243.126.......................  Lead.............       8/18/2020  10/4/2021,        ...........................
                                                                    [INSERT FEDERAL
                                                                    REGISTER
                                                                    CITATION].
 
                                                  * * * * * * *
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* * * * *

[FR Doc. 2021-21188 Filed 10-1-21; 8:45 am]
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