[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)]
[Rules and Regulations]
[Pages 8756-8758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04094]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2017-0277; FRL-9974-86--Region 5]


Air Plan Approval; Illinois; Redesignation of the Illinois 
Portion of the St. Louis-St. Charles-Farmington, Missouri-Illinois 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) is taking final 
action to find that the St. Louis-St. Charles-Farmington, Missouri-
Illinois (MO-IL) area, ``the St. Louis area,'' is attaining the 2008 
ozone National Ambient Air Quality Standard (NAAQS or standard) and is 
redesignating the Illinois portion of the St. Louis area, ``the Metro-
East area,'' to attainment for the 2008 ozone NAAQS because the Metro-
East area meets the statutory requirements for redesignation under the 
Clean Air Act (CAA). The St. Louis area includes Madison, Monroe and 
St. Clair Counties in Illinois (the Metro-East area), and Franklin, 
Jefferson, St. Charles, and St. Louis Counties and the City of St. 
Louis in Missouri. (EPA will address the Missouri portion of the St. 
Louis area in a separate rulemaking action.) EPA is also approving, as 
a revision to the Illinois State Implementation Plan (SIP), the State's 
plan for maintaining the 2008 ozone standard through 2030 in the St. 
Louis area. Finally, EPA finds adequate and is approving, as a SIP 
revision, the State's 2030 volatile organic compound (VOC) and oxides 
of nitrogen (NOX) Motor Vehicle Emission Budgets (MVEBs) for 
the Metro-East area. The Illinois Environmental Protection Agency 
(IEPA) submitted the SIP revision and request to redesignate the Metro-
East area on May 8, 2017. EPA proposed this action on December 8, 2017 
and received two public comments in response that are not relevant to 
this action.

DATES: This final rule is effective March 1, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0277. All documents in the docket are listed in 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information 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 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Scientist, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, 
[email protected].

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

I. What is being addressed in this document?

    This rule takes action on the submission from IEPA, dated May 8, 
2017, requesting redesignation of the Metro-East area to attainment for 
the 2008 ozone standard. The background for this action is discussed in 
detail in EPA's proposal, dated December 8, 2017 (82 FR 57892). In that 
rulemaking, we noted that, under EPA regulations at 40 CFR part 50, the 
2008 ozone NAAQS is attained in an area when the 3-year average of the 
annual fourth highest daily maximum 8-hour average concentration is 
equal to or less than 0.075 parts per million, when truncated after the 
thousandth decimal place, at all of the ozone monitoring sites in the 
area. (See 40 CFR 50.15 and appendix P to 40 CFR part 50.) Under the 
CAA, EPA may redesignate nonattainment areas to attainment if 
sufficient complete, quality-assured data are available to determine 
that the area has attained the standard and if it meets the other CAA 
redesignation requirements in section 107(d)(3)(E). The proposed rule 
provides a detailed discussion of how Illinois has met these CAA 
requirements.
    As discussed in the December 8, 2017, proposal, quality-assured and 
certified monitoring data for 2014-2016 and preliminary data for 2017 
show that the St. Louis area has attained and continues to attain the 
2008 ozone standard. In the maintenance plan submitted for the area, 
Illinois has demonstrated that the ozone standard will be maintained in 
the area through 2030. Finally, Illinois adopted 2030 VOC and 
NOX MVEBs for the Metro East portion of the St. Louis area 
that are adequate and supported by IEPA's maintenance demonstration.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period for the December 8, 
2017, proposed rule. The comment period ended on January 8, 2018. We 
received two comments, which were related to general concerns about 
wildfires and the EPA Administrator. These comments are not specific to 
this action and thus are not addressed here.

III. What action is EPA taking?

    No comments were submitted that change our assessment of the rule 
as described in our proposed action. Therefore, EPA is determining that 
the St. Louis nonattainment area is attaining the 2008 ozone standard, 
based on quality-assured and certified monitoring data for 2014-2016, 
and that the Metro-East portion of this area has met the requirements 
for redesignation under section 107(d)(3)(E) of the CAA. EPA is thus 
approving IEPA's request to change the legal designation of the Metro-
East portion of the St. Louis area from nonattainment to attainment for 
the 2008 ozone standard. EPA is also approving, as a revision to the 
Illinois SIP, the state's maintenance plan for the area. The 
maintenance plan is designed to keep the St. Louis area in attainment 
of the 2008 ozone NAAQS through 2030. Finally, EPA finds adequate and 
is approving, as a SIP revision, the newly-established 2030 MVEBs for 
the Metro-East area.
    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 rule ``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. This rule,

[[Page 8757]]

however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, this rule relieves the state of planning requirements 
for this ozone nonattainment area. For these reasons, EPA finds good 
cause under 5 U.S.C. 553(d)(1) and (3) for these actions to become 
effective on the date of publication of these actions.

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 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, this rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because 
redesignation is an action that affects the status of a geographical 
area and does not impose any new regulatory requirements on tribes, 
impact any existing sources of air pollution on tribal lands, nor 
impair the maintenance of ozone national ambient air quality standards 
in tribal lands.
    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 April 30, 2018. 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, Oxides of nitrogen, Ozone, 
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Designations and classifications, 
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: February 14, 2018.
Cathy Stepp,
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. In Sec.  52.720, the table in paragraph (e) is amended by adding the 
entry ``Ozone (8-hour, 2008) redesignation and maintenance plan'' 
following the entry for ``Ozone (8-hour, 2008) Determination of 
Attainment'' to read as follows:


Sec.  52.720   Identification of plan.

* * * * *
    (e) * * *

[[Page 8758]]



                       EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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                                     Applicable
     Name of SIP provision          geographic or         State         EPA approval date          Comments
                                 nonattainment area  submittal date
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                                        Attainment and Maintenance Plans
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                                                  * * * * * * *
Ozone (8-hour, 2008)             St. Louis area....        5/8/2017  3/1/2018 [insert         ..................
 redesignation and maintenance                                        Federal Register
 plan.                                                                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 ``St. Louis-St. 
Charles-Farmington, MO-IL:'' in the table entitled ``Illinois--2008 8-
Hour Ozone NAAQS (Primary and secondary)'' to read as follows:


Sec.  81.314   Illinois.

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                                                            Illinois--2008 8-Hour Ozone NAAQS
                                                                 [Primary and secondary]
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                                                                Designation                                           Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                             Date \1\                      Type                      Date \1\                      Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
St. Louis-St. Charles-Farmington, MO-IL:
 \2\
    Madison County, Monroe County, St.          3/1/2018  Attainment............................
     Clair 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.

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[FR Doc. 2018-04094 Filed 2-28-18; 8:45 am]
 BILLING CODE 6560-50-P


