[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Rules and Regulations]
[Pages 30828-30832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10821]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52 and 81
[EPA-R05-OAR-2022-0137; FRL-9604-02-R5]
Air Plan Approval; Illinois; Redesignation of the Illinois
Portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin Area to
Attainment of the 2008 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) finds that the
Illinois portion of the Chicago-Naperville, IL-IN-WI area (Chicago
area) is attaining the 2008 ozone National Ambient Air Quality Standard
(NAAQS or standard) and is acting in accordance with a January 25,
2022, request from Illinois to redesignate the Illinois portion of the
Chicago area to attainment for the 2008 ozone NAAQS because the request
meets the statutory requirements for redesignation under the Clean Air
Act (CAA). EPA is approving, as a revision to the Illinois State
Implementation Plan (SIP), the State's plan for maintaining the 2008
ozone NAAQS through 2035 in the Illinois portion of the Chicago area.
EPA finds adequate and is approving the 2035 volatile organic compound
(VOC) and oxides of nitrogen (NOX) motor vehicle emission
budgets (budgets) for transportation conformity purposes for the
Illinois portion of the Chicago area. Pursuant to section 110 and part
D of the CAA, EPA is approving the VOC reasonably available control
technology (RACT), Enhanced motor vehicle inspection and maintenance
(I/M), clean-fuel vehicle programs (CFVP), and the enhanced monitoring
of ozone and ozone precursors (EMP) SIP revisions submitted by
Illinois, because they satisfy serious SIP requirements of the CAA for
the Illinois portion of the Chicago area. Finally, EPA is approving a
CAA section 182(f) waiver from NOX RACT requirements for the
Illinois portion of the Chicago area under the 2008 ozone NAAQS.
DATES: This final rule is effective on May 20, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2022-0137. 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 Michael
Leslie, Environmental Engineer at (312) 353-6680 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background information
On March 10, 2022 (87 FR 13668), EPA proposed to find that the
Illinois portion of the Chicago area is attaining the 2008 ozone NAAQS
and to act in accordance with a January 25, 2022, request from Illinois
to redesignate the Illinois portion of the Chicago area to attainment
for the 2008 ozone NAAQS because the request meets the statutory
requirements for redesignation under the CAA. EPA proposed to approve,
as a revision to the Illinois SIP, the State's plan for maintaining the
2008 ozone NAAQS through 2035 in the Illinois portion of the Chicago
area. EPA proposed to find adequate and approve the 2035 VOC and
NOX motor vehicle emission budgets (budgets) for the
Illinois portion of the Chicago area. Pursuant to section 110 and part
D of the CAA, EPA proposed to approve the VOC RACT, Enhanced I/M, the
CFVP, and the EMP SIP revisions submitted by Illinois, because they
satisfy serious SIP requirements of the CAA for the Illinois portion of
the Chicago area. Finally, EPA proposed to approve a CAA section 182(f)
waiver from NOX RACT requirements for the Illinois portion
of the Chicago area under the 2008 ozone NAAQS. An explanation of CAA
requirements, a detailed analysis of how these requirements apply to
the Illinois portion of the Chicago area, a discussion of how Illinois
has met these requirements, and EPA's reasons for proposing these
actions were provided in the notice of proposed rulemaking and will not
be restated here.
II. Response to Public Comments
EPA provided a 30-day review and comment period for the March 10,
2022, proposed rule. The comment period ended on April 11, 2022. We
received one adverse comment from the Wisconsin Department of Natural
Resources (WDNR) on our proposed approval of the CAA section 182(f)
waiver from NOX RACT requirements. The adverse comment is
summarized and addressed below.
[[Page 30829]]
Comment 1: WDNR requested that EPA not approve the NOX
RACT waiver for the following reasons:
Comment 1a: The commenter states that a NOX RACT program
was required for the three-state Chicago-Naperville 2008 ozone
nonattainment area by January 1, 2017, after the area was reclassified
to moderate. While Illinois has a NOX program, it is not
federally approved and does not fully meet all NOX RACT
requirements.
Response 1a: CAA section 182(f)(1)(A) provides that a state is not
required to implement RACT for major stationary sources of
NOX for nonattainment areas not within an ozone transport
region if EPA determines ``that additional reductions of
[NOX] would not contribute to attainment of the [NAAQS] for
ozone in the area.'' The Illinois portion of the Chicago area is
attaining the 2008 ozone NAAQS, based on the most recent certified
monitoring data from the 2019-2021 period. It is EPA's longstanding
interpretation, as stated in EPA's January 2005 document, ``Guidance on
Limiting Nitrogen Oxides Requirements Related to 8-Hour Ozone
Implementation,'' that when an ozone nonattainment area is attaining
the ozone standard, as demonstrated by three consecutive years of
adequate monitoring data, ``it is clear that the section 182(f)[(1)(A)]
language is met since `additional reductions of oxides of nitrogen
would not contribute to attainment.' That is, since attainment has
already occurred, additional NOX reductions could not
improve the area's attainment status and, therefore, the NOX
exemption request could be approved.'' The NOX RACT waiver
under consideration in this action was submitted by Illinois on January
25, 2022, and is based on CAA section 182(f)(1)(A). This waiver can be
approved because the area is attaining the 2008 ozone NAAQS, as
demonstrated by the three years of clean monitoring data, and
additional NOX reductions would not improve the area's
attainment status.
Comment 1b: The commenter states that the Chicago nonattainment
area continues to struggle to meet Federal ozone standards, such as by
failing to meet its August 3, 2021, marginal attainment date for the
more stringent 2015 ozone standard. The commenter further states that
EPA is overdue in meeting its statutory obligation to reclassify this
area to moderate for the 2015 ozone standard, which was due within 6
months of that attainment date. When the reclassification to moderate
under the 2015 ozone standard is finalized, Illinois will be required
to submit a NOX RACT program under the CAA. Given this
forthcoming NOX RACT requirement, the commenter argues EPA's
proposed approval to waive an emissions control requirement that will
soon be reinstated by statute should not be granted.
Response 1b: In this action, EPA is granting a NOX RACT
waiver only for the 2008 ozone standard based on three years of clean
monitoring data for that standard. A CAA section 182(f) NOX
exemption granted for a prior ozone standard (in this case the 2008
ozone standard) does not relieve the area from any CAA section 182(f)
NOX obligations under the 2015 ozone NAAQS (see 40 CFR
51.1313(c)). Therefore, potential future reclassification of the
Chicago area under the 2015 ozone standard does not prevent EPA from
approving the NOX RACT waiver for the 2008 ozone standard.
Comment 1c: The commenter states that the CAA does not compel EPA
to grant this waiver request and that the approval of the
NOX waiver relies on EPA's 2005 guidance, in which EPA
cautions that actions relying on the guidance might not be approvable
in every situation. The commenter requests that EPA explain how it is
appropriate to apply that guidance when the Chicago area remains in
nonattainment for ozone and needs additional NOX emissions
reductions in the area to meet all of the ozone standards.
Response 1c: The Chicago area is attaining the 2008 ozone NAAQS,
based on the most recent certified monitoring data from the 2019-2021
period. In this action, EPA is granting a NOX RACT waiver
only for the 2008 ozone standard because, as per the discussion above
regarding the CAA section 182(f)(1)(A) and EPA's January 2005 document,
the area qualifies for the NOX RACT waiver due to the
achievement of three years of clean monitoring data. A CAA section
182(f) NOX exemption granted for the 2008 ozone standard
does not relieve the area from any CAA section 182(f) NOX
obligations under the 2015 ozone NAAQS (see 40 CFR 51.1313(c)).
Therefore, approval of a NOX RACT waiver only as it applies
to the 2008 ozone NAAQS is appropriate.
Comment 1d: The commenter states that EPA's recently released ozone
transport modeling for the 2015 standard shows that Illinois
significantly contributes to downwind nonattainment at several monitors
along Wisconsin's Lake Michigan shoreline. Also, both the Sheboygan and
Chicago nonattainment areas will continue to be nonattainment for the
2015 ozone standard in 2032 based on EPA's ozone transport modeling.
Given these modeling results, the commenter states that additional,
timely reductions in ozone precursor emissions, including
NOX, are needed to ensure attainment of the 2015 ozone
standard throughout the region.
Response 1d: The Illinois portion of the Chicago area is attaining
the 2008 ozone NAAQS, based on the most recent certified monitoring
data from the 2019-2021 period. In this action, EPA is finalizing our
approval of the NOX RACT waiver only for the 2008 ozone
standard because, as per the discussion above regarding CAA section
182(f)(1)(A), the area is attaining the 2008 ozone NAAQS, as
demonstrated by three consecutive years of clean monitoring data, and
EPA's modeling indicates that the Illinois portion of the Chicago area
will continue to attain the 2008 ozone NAAQS in the future. In this
regard, further NOX reductions will not improve the area's
ability to attain the 2008 ozone standard. In contrast, EPA's ozone
transport modeling indicates that, barring further emissions
reductions, this area will continue to have difficulty attaining or
maintaining the 2015 ozone NAAQS in 2024 (the Moderate Area attainment
date for the 2015 ozone NAAQS) and beyond. A CAA section 182(f)
NOX exemption granted for the 2008 standard does not relieve
the area from any CAA section 182(f) NOX obligations under
the 2015 ozone NAAQS (see 40 CFR 51.1313(c)). If finalized, EPA's
determination that the Chicago area failed to attain the 2015 ozone
NAAQS by the attainment date and accompanying reclassification to
Moderate would impose the CAA's NOX RACT requirements for
the 2015 ozone standard.
III. Final Action
EPA finds that the Illinois portion of the Chicago area is
attaining the 2008 ozone NAAQS and is acting in accordance with a
January 25, 2022, request from Illinois to redesignate the Illinois
portion of the Chicago area to attainment for the 2008 ozone NAAQS
because the request meets the statutory requirements for redesignation
under the CAA. EPA is approving, as a revision to the Illinois SIP, the
State's plan for maintaining the 2008 ozone NAAQS through 2035 in the
Illinois portion of the Chicago area.
EPA finds adequate and is approving the 2035 VOC and NOX
motor vehicle emission budgets for use in transportation conformity
determinations in the Illinois portion of the Chicago area.
Specifically, EPA is finding adequate and approving the budgets for
2035 as proposed (i.e., the last year of the maintenance plan) of 65
[[Page 30830]]
tons/day of VOCs and 110 tons/day of NOX).
Pursuant to section 110 and part D of the CAA, EPA is also
approving the VOC RACT, Enhanced I/M, CFVP, and the EMP SIP revisions
submitted by Illinois, because they satisfy serious SIP requirements of
the CAA for the Illinois portion of the Chicago area. Finally, EPA is
approving a CAA section 182(f) waiver from NOX RACT
requirements for the Illinois portion of the Chicago area under the
2008 ozone NAAQS.
In accordance with 5 U.S.C. 553(d) of the Administrative Procedure
Act (APA), EPA finds there is good cause for this action to become
effective immediately upon publication. The immediate effective date
for this action is authorized under 5 U.S.C. 553(d)(1).
Section 553(d)(1) of the APA provides that final rules shall not
become effective until 30 days after publication in the Federal
Register ``except . . . a substantive rule which grants or recognizes
an exemption or relieves a restriction.'' The purpose of this provision
is to ``give affected parties a reasonable time to adjust their
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed.
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting
legislative history). However, when the agency grants or recognizes an
exemption or relieves a restriction, affected parties do not need a
reasonable time to adjust because the effect is not adverse. EPA has
determined that this rule relieves a restriction because this rule
relieves sources in the area of Nonattainment New Source Review (NNSR)
permitting requirements; instead, upon the effective date of this
action, sources will be subject to less restrictive Prevention of
Significant Deterioration (PSD) permitting requirements. For this
reason, EPA finds good cause under 5 U.S.C. 553(d)(1) for this action
to become effective on the date of publication of this action.
IV. 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 these reasons, 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 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).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 July 19, 2022. 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 section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: May 16, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, E 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 table in paragraph (e) is amended:
0
i. Under the heading ``Attainment and Maintenance Plans'' by adding an
entry for ``Ozone (8-hour, 2008) redesignation and maintenance plan''
after the entry ``Ozone (8-hour, 2008) redesignation and maintenance
plan'' for the St. Louis area; and
0
ii. Under the heading ``Moderate Area & Above Ozone Requirements'' by
adding entries for ``2008 8-hour Ozone Serious Planning Elements'' and
``2008 8-hour Ozone NOX RACT Waiver'' after
[[Page 30831]]
the entry ``2008 8-hour Ozone Non-CTG RACT Demonstration''.
The additions read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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Applicable State
Name of SIP provision geographic or submittal EPA approval date Comments
nonattainment area date
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* * * * * * *
Attainment and Maintenance Plans
* * * * * * *
Ozone (8-hour, 2008) Chicago Area........ 1/25/22 5/20/22, [INSERT
redesignation and maintenance FEDERAL REGISTER
plan. CITATION].
* * * * * * *
Moderate Area & Above Ozone
Requirements
* * * * * * *
2008 8-hour Ozone Serious Chicago Area........ 1/25/22 5/20/22, [INSERT 2035 VOC and NO
Planning Elements. FEDERAL REGISTER motor vehicle
CITATION]. emissions budgets,
VOC RACT
certification,
Enhanced Motor
Vehicle Inspection
and Maintenance
Program
certification,
clean-fuel vehicle
programs
certification,
enhanced monitoring
of ozone and ozone
precursors
certification.
2008 8-hour Ozone NO RACT Waiver. Chicago Area........ 1/25/22 5/20/22, [INSERT
FEDERAL REGISTER
CITATION].
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* * * * *
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 entry for ``Chicago-
Naperville, IL-IN-WI'' in the table entitled ``Illinois-2008 8-Hour
Ozone NAAQS [Primary and secondary]'' to read as follows:
Sec. 81.314 Illinois.
* * * * *
Illinois--2008 8-Hour Ozone NAAQS
[Primary and secondary]
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Designation Classification
Designated area ----------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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Chicago-Naperville, IL-IN-WI May 20, 2022....... Attainment........... .............. Serious.
\2\.
Cook County.
DuPage County.
Grundy County (part):
Aux Sable Township.
Goose Lake Township.
Kane County.
Kendall County (part):
Oswego Township.
Lake County.
McHenry County.
Will County.
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\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
[[Page 30832]]
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[FR Doc. 2022-10821 Filed 5-19-22; 8:45 am]
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