
[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60704-60707]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23952]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2010-0899; FRL-9901-44-Region 5]


Approval and Promulgation of Air Quality Implementation Plan; 
Illinois; Redesignation of the Chicago Area to Attainment of the 1997 
Annual Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking several related actions under the Clean Air Act 
(CAA) affecting the Chicago area and the state of Illinois for the 1997 
annual fine particulate matter (PM2.5) National Ambient Air 
Quality Standard (NAAQS or standard). EPA is determining that the 
Chicago-Gary-Lake County, Illinois-Indiana (IL-IN) area is attaining 
the 1997 annual PM2.5 standard based on quality assured, 
state-certified monitoring data for all PM2.5 monitoring 
sites in this area from 2007-2012. EPA is granting a request from the 
state of Illinois to redesignate the Chicago area to attainment of the 
1997 annual PM2.5 standard. EPA is approving, as a revision 
of the Illinois State Implementation Plan (SIP), the state's plan for 
maintaining the 1997 annual PM2.5 standard in the Chicago-
Gary-Lake County, IL-IN area through 2025. EPA is approving Illinois' 
comprehensive 2002 Nitrogen Oxides (NOX), Sulfur Dioxide 
(SO2), Volatile Organic Compound (VOC), ammonia, and primary 
PM2.5 emission inventories for the Chicago area. Finally, 
EPA is approving Illinois' 2008 and 2025 NOX and primary 
PM2.5 Motor Vehicle Emission Budgets (MVEBs) for the Chicago 
area and finding these MVEBs as adequate for use in transportation 
conformity determinations. The Chicago area includes: Cook, DuPage, 
Kane, Lake, McHenry, and Will Counties, Aux Sable and Goose Lake 
Townships in Grundy County, and Oswego Township in Kendall County. The 
Chicago-Gary-Lake County, IL-IN area also includes Lake and Porter 
Counties in Indiana, which have been previously redesignated to 
attainment of the 1997 annual PM2.5 standard.

DATES: This final rule is effective October 2, 2013.

ADDRESSES: EPA has established a docket for this action: Docket ID No. 
EPA-R05-OAR-2010-0899. All documents in the docket are listed on the 
www.regulations.gov Web site. 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 
hardcopy form. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hardcopy 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. We recommend that you telephone Edward Doty, 
Environmental Scientist, at (312) 886-6057, before visiting the Region 
5 office.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist,

[[Page 60705]]

Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6057, 
Doty.Edward@epa.gov.

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 is the background for the actions?
II. What is EPA's response to comments on EPA's proposed actions?
III. Why is EPA taking these actions?
IV. What actions is EPA taking?
V. Statutory and Executive Order Reviews

I. What is the background for the actions?

    On November 27, 2009 (76 FR 62243), EPA made a final determination 
that the Chicago-Gary-Lake County, IL-IN area had attained the 1997 
annual PM2.5 standard based on PM2.5 monitoring data for the 
period of 2006-2008.
    On October 15, 2010, the Illinois Environmental Protection Agency 
(IEPA) submitted a request to EPA for the redesignation of the Chicago 
area to attainment of the 1997 annual PM2.5 standard and for 
EPA approval of a SIP revision containing PM2.5-related 
emission inventories and a PM2.5 maintenance plan for the 
Chicago area. The maintenance plan includes 2008 and 2025 MVEBs for the 
Chicago area. In a supplemental submission to the EPA on September 16, 
2011, the IEPA revised the on-road mobile source emissions and MVEBs 
for the Chicago area to reflect the use of EPA's MOVES model to 
calculate mobile source emissions. In a supplemental submission to the 
EPA on May 6, 2013, the IEPA submitted VOC and ammonia emission 
inventories to supplement the emission inventories that had previously 
been submitted to support the redesignation request for the 1997 annual 
PM2.5 standard in the Chicago-Gary-Lake County, IL-IN area 
and to demonstrate future maintenance of the PM2.5 standard 
in this area.
    On August 7, 2013 (78 FR 48103), EPA issued a notice of rulemaking 
proposing to grant Illinois' request to redesignate the Chicago area to 
attainment of the 1997 annual PM2.5 standard. This notice of 
rulemaking also proposed to: Determine that the Chicago-Gary-Lake 
County, IL-IN area has attainined the 1997 annual PM2.5 
standard based on PM2.5 monitoring data for the period of 
2007 through 2012; approve Illinois' PM2.5 maintenance plan 
for the Chicago area; approve 2002 primary PM2.5, 
NOX, SO2, VOC, and ammonia emission inventories 
for the Chicago area; and approve 2008 and 2025 primary 
PM2.5 and NOX MVEBs for the Chicago area.

II. What is EPA's response to comments on EPA's proposed acions?

    EPA received three sets of comments on the proposed rule, all of 
which supported EPA's proposed actions. One of these commenters 
requested a clarification of information provided in the proposed rule 
at 78 FR 48115.
    A commenter representing the ExxonMobil Oil Corporation supports 
EPA's proposed actions, but notes that at 78 FR 48115, EPA provides 
estimates of the NOX and SO2 emission reductions 
expected to result from the implementation of a consent decree at the 
ExxonMobil Joliet Refinery in units of tons per year, whereas the 
consent decree specifies emission limits for the Joliet refinery as 
concentration-based limits. The commenter summarizes the NOX 
and SO2 emission limits in the consent decree for this 
facility in units of parts per million units volume of dry air (ppmvd), 
and requests that EPA clarify that the August 7, 2013, proposed rule is 
not proposing new emission limits for this facility. The commenter does 
not refute EPA's estimates of the NOX and SO2 
emission reductions resulting from the consent decree.
    In response to the commenter from ExxonMobil Oil Corporation, we 
want to clarify that it was not the intent of the proposed rule to 
specify existing emission limits or to propose new emission limits for 
this facility, and this final rule does not set new emission limits for 
this facility. The proposed rule simply estimated initial and final 
emission levels in tons per year for the purposes of estimating the 
changes in annual emissions that may be expected to result for this 
facility through the implementation of the consent decree. It was EPA's 
intent to document the emission reductions in the Chicago area that 
contributed to the attainment of the 1997 annual PM2.5 
standard in the Chicago-Gary-Lake County, IL-IN area. EPA makes no 
findings in this rulemaking regarding the applicable emission limits 
for the ExxonMobile Joliet Refineray.
    None of the comments received with regard to the August 7, 2013, 
proposed rule object to any of the proposed actions in that proposed 
rule. Therefore, we conclude that there are no adverse comments for 
this proposed rule.

III. Why is EPA taking these actions?

    EPA has determined that the Chicago-Gary-Lake County, IL-IN area 
continues to attain the 1997 annual PM2.5 standard. EPA has 
also determined that all other criteria have been met for the 
redesignation of the Chicago area from nonattainment to attainment of 
the 1997 annual PM2.5 standard and for approval of Illinois' 
maintenance plan for this area. See CAA sections 107(d)(3)(E) and 175A. 
The detailed rationale for EPA's findings and actions is set forth in 
the proposed rule of August 7, 2013 (78 FR 48103).

IV. What actions is EPA taking?

    EPA is making a determination that the Chicago-Gary-Lake County, 
IL-IN area continues to attain the 1997 annual PM2.5 
standard based on 2007-2012 PM2.5 monitoring data. EPA is 
determining that the Chicago area has met the requirements for 
redesignation to attainment for the 1997 annual PM2.5 
standard under sections 107(d)(3)(E) and 175A of the CAA. EPA is, thus, 
granting the request from Illinois to change the legal designation of 
the Chicago area from nonattainment to attainment for the 1997 annual 
PM2.5 NAAQS. EPA is also approving Illinois' 
PM2.5 maintenance plan for the Chicago area as a revision to 
the Illinois SIP because the plan meets the requirements of section 
175A of the CAA. EPA is approving 2002 emission inventories for primary 
PM2.5, NOX, SO2, ammonia, and VOC for 
the Chicago area as satisfying the requirement in section 172(c)(3) of 
the CAA for a comprehensive, current emission inventory. Finally, EPA 
finds adequate and is approving 2008 and 2025 primary PM2.5 
and NOX MVEBs for the Chicago area. These MVEBs will be used 
in future transportation conformity analyses for the Chicago.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for these actions to become effective immediately upon publication. 
This is because a delayed effective date is unnecessary due to the 
nature of a redesignation to attainment, which relieves the area from 
certain CAA requirements that would otherwise apply to it. The 
immediate effective date for this action is authorized under both 5 
U.S.C. 553(d)(1), which provides that rulemaking actions may become 
effective less than 30 days after publication if the ``grants or 
recognizes an exemption or relieves a restriction,'' and section 
553(d)(3) which allows an effective date less than 30 days after 
publication ``as otherwise provided by the agency for good cause found 
and published with the rule.'' The purpose of the 30-day waiting period 
prescribed in section 553(d) is to give affected parties a reasonable 
time to adjust their behavior and prepare before the final rule takes 
effect. Today's rule, however,

[[Page 60706]]

does not create any new regulatory requirements such that affected 
parties would need time to prepare before the rule takes effect. 
Rather, today's rule relieves the state of planning requirements for 
this PM2.5 nonattainment area. For these reasons, EPA finds 
good cause under 5 U.S.C. 553(d)(3) for these actions to become 
effective on the date of publication of these actions.

V. 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, these actions merely approve state law as meeting Federal 
requirements and do not impose additional requirements beyond those 
imposed by State law and the CAA. For that reason, these actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do 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);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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,
     do 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, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the State, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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 2, 2013. 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, Nitrogen oxides, Particulate 
matter, Sulfur dioxide, Ammonia, Volatile organic compounds.

40 CFR Part 81

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

    Dated: September 18, 2013.
Susan Hedman,
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. Section 52.725 is amended by adding paragraphs (l) and (m) to read 
as follows:


Sec.  52.725  Control strategy: Particulates.

* * * * *
    (l) Approval--The 1997 annual PM2.5 maintenance plan for 
the Illinois portion of the Chicago-Gary-Lake County, IL-IN 
nonattainment area (including Cook, DuPage, Kane, Lake, McHenry and 
Will Counties, Aux Sable and Goose Lake Townships in Grundy County, and 
Oswego Township in Kendall County) has been approved as submitted on 
October 15, 2010, and supplemented on September 16, 2011, and May 6, 
2013. The maintenance plan establishes 2008 and 2025 motor vehicle 
emissions budgets for this area of 127,951 tons per year for 
NOX and 5,100 tons per year for primary PM2.5 in 
2008 and 44,224 tons per year for NOX and 2,377 tons per 
year for primary PM2.5 in 2025.
    (m) Illinois' 2002 NOX, primary PM2.5, 
SO2, ammonia, and VOC emission inventories, as submitted on 
October 15, 2010, and supplemented on May 6, 2013, satisfy the emission 
inventory requirements of section 172(c)(3) of the Clean Air Act for 
the Chicago area.

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-Gary-
Lake County, IL-IN in the table entitled ``Illinois-PM2.5 
(Annual NAAQS)'' to read as follows:


Sec.  81.314  Illinois.

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[[Page 60707]]



                             Illinois--PM2.5
                             [Annual NAAQS]
------------------------------------------------------------------------
                                             Designation \a\
        Designated area         ----------------------------------------
                                     Date \1\               Type
------------------------------------------------------------------------
Chicago-Gary-Lake County, IL-IN           10-2-13  Attainment.
    Cook County
    DuPage County
    Grundy County (part)
        Goose Lake and Aux
         Sable Townships
    Kane County
    Kendall County (part)
        Oswego Township
    Lake County
    McHenry County
    Will County
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

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[FR Doc. 2013-23952 Filed 10-1-13; 8:45 am]
BILLING CODE 6560-50-P


