[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Rules and Regulations]
[Pages 68568-68569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26138]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0031; FRL-8822-03-R5]


Air Plan Approval; Illinois; 2008 Ozone Moderate VOC RACT for 
Chicago; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This action corrects codification errors in the Illinois State 
Implementation Plan (SIP) regarding the moderate volatile organic 
compound (VOC) reasonably available control technology (RACT) 
requirements of the Clean Air Act (CAA) for the 2008 Ozone National 
Ambient Air Quality Standards (NAAQS).

DATES: Effective Date: This final rule is effective on December 3, 
2021.

FOR FURTHER INFORMATION CONTACT: Katie Mullen, 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) 353-3490, 
[email protected]. The EPA Region 5 office 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.

SUPPLEMENTARY INFORMATION: On August 13, 2021, the Environmental 
Protection Agency (EPA) made inadvertent codification errors when it 
approved elements of a SIP submission from Illinois regarding the VOC 
RACT requirements of CAA section 182(b)(2) for the 2008 ozone NAAQS. In 
the final rule published in the Federal Register on August 13, 2021 (86 
FR 44616), on page 44617, EPA correctly added an entry to the table 
entitled ``EPA Approved--Illinois Source-Specific Requirements'', but 
mistakenly omitted instructions to add entries to the table entitled 
``EPA-Approved Illinois Nonregulatory and Quasi-Regulatory 
Provisions.'' In Sec.  52.720, the table in paragraph (e) should also 
have been amended under the heading ``Moderate Area & Above Ozone 
Requirements'' by adding the following entries: ``2008 8-hour Ozone 
Negative Declarations'', ``2008 8-hour Ozone Section 182(b)(2) VOC RACT 
Rules Certification'', and ``2008 8-hour Ozone Non-CTG RACT 
Demonstration''.
    This action amends the regulatory text to correct these errors. 
Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), 
provides that, when an agency for good cause finds that notice and 
public procedure are impracticable, unnecessary or contrary to the 
public interest, the agency may issue a rule without providing notice 
and an opportunity for public comment. We have determined that there is 
good cause for making this rule final without prior proposal and 
opportunity for comment because we are merely correcting an incorrect 
citation in a previous action. Thus, notice and public procedure are 
unnecessary. We find that this constitutes good cause under 5 U.S.C. 
553(b)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), 
this action is not a ``significant regulatory action'' and is therefore 
not subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to E.O. 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001). Because the agency 
has made a ``good cause'' finding that this action is not subject to 
notice-and-comment requirements under the Administrative Procedures Act 
or any other statute as indicated in the Supplementary Information 
section above, it is not subject to the regulatory flexibility 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or 
to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Pub. L. 104-4). In addition, this action does not significantly 
or uniquely affect small governments or impose a significant 
intergovernmental mandate, as described in sections 203 and 204 of 
UMRA. 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 E.O. 13175 (65 FR 67249, November 9, 2000). This rule will 
not have substantial direct effects on the States, on the relationship 
between the National Government and the States, or on the distribution 
of power and responsibilities among the various levels of governments, 
as specified by E.O. 13132 (64 FR 43255, August 10, 1999). This rule 
also is not subject to E.O. 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    This technical correction action does not involve technical 
standards; thus the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. The rule also does not involve special consideration of 
environmental justice related issues as required by E.O. 12898 (59 FR 
7629, February 16, 1994). In issuing this rule, EPA has taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct, as required by section 3 of E.O. 12988 (61 FR 4729, February 
7, 1996). EPA has complied with E.O. 12630 (53 FR 8859, March 15, 1998) 
by examining the takings implications of the rule in accordance with 
the ``Attorney General's Supplemental Guidelines for the Evaluation of 
Risk and Avoidance of Unanticipated Takings'' issued under the 
executive

[[Page 68569]]

order. This rule does not impose an information collection burden under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA had made such a good cause finding, including 
the reasons therefore, and established an effective date of December 3, 
2021. EPA will submit a report containing this rule 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. This correction to 40 CFR 52 for 
Illinois is not a ``major rule'' as defined by 5 U.S.C. 804(2).

    Dated: November 24, 2021.
Debra Shore,
Regional Administrator, Region 5.
    Accordingly, 40 CFR part 52 is corrected by making the following 
correcting amendments:

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 (e) is amended under the 
heading ``Moderate Area & Above Ozone Requirements'' by adding entries 
for ``2008 8-hour Ozone Negative Declarations'', ``2008 8-hour Ozone 
Section 182(b)(2) VOC RACT Rules Certification'', and ``2008 8-hour 
Ozone Non-CTG RACT Demonstration'' immediately following the entry for 
``Negative declaration--Shipbuilding and ship repair industry'' to read 
as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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                                     Applicable
                                   geographical or   State submittal
     Name of SIP provision         non-attainment          date        EPA approval date         Comments
                                        area
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                                                  * * * * * * *
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                                    Moderate Area & Above Ozone Requirements
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                                                  * * * * * * *
2008 8-hour Ozone Negative       Chicago area......       1/10/2019   8/13/2021, 86 FR    Includes: Aerospace
 Declarations.                                                         44616.              Manufacturing and
                                                                                           Rework Facilities,
                                                                                           High-Density
                                                                                           Polyethylene,
                                                                                           Polypropylene, and
                                                                                           Polystyrene Resins,
                                                                                           Natural Gas/Gasoline
                                                                                           Processing Plants,
                                                                                           Oil and Natural Gas
                                                                                           Industry,
                                                                                           Shipbuilding and Ship
                                                                                           Repair Industry, and
                                                                                           Vegetable Oil
                                                                                           Processing.
2008 8-hour Ozone Section        Chicago area......       1/10/2019   8/13/2021, 86 FR
 182(b)(2) VOC RACT Rules                                              44616.
 Certification.
2008 8-hour Ozone Non-CTG RACT   Chicago area......       1/10/2019   8/13/2021, 86 FR    Industrial Wastewater
 Demonstration--.                                                      44616.              Category.
 
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[FR Doc. 2021-26138 Filed 12-2-21; 8:45 am]
BILLING CODE 6560-50-P