
[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Rules and Regulations]
[Pages 65537-65541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27610]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-RO5-OAR-2018-0302; EPA-R05-OAR-2018-0303; EPA-RO5-OAR-2018-0589; 
FRL-9988-04-Region 5]


Air Plan Approval; Illinois; NAAQS and VOC Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving revised 
rules submitted by the State of Illinois as State Implementation Plan 
(SIP) revisions. The submitted rules update Illinois definitions and 
requirements for handling monitoring data influenced by exceptional 
events, update implementation rules for the 2012 primary annual 
National Ambient Air Quality Standard (NAAQS) for fine particulate 
matter (PM2.5), and update designated reference and 
equivalent methods for multiple NAAQS. In addition, the submitted rules 
amend the Illinois Administrative Code (IAC) by updating the definition 
of volatile organic compounds (VOC).

DATES: This direct final rule will be effective February 19, 2019, 
unless EPA receives adverse comments by January 22, 2019. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-RO5-
OAR-2018-0302, EPA-RO5-OAR-2018-0303, or EPA-RO5-OAR-2018-0589 at 
http://www.regulations.gov, or via email to aburano.douglas@epa.gov. 
For comments submitted at Regulations.gov, follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. For either manner of 
submission, EPA may publish any comment received to its public docket. 
Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the For Further Information Contact section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Samantha Panock, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8973, 
panock.samantha@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. Background
II. What are the State rule revisions?
III. Did the State hold public hearings for these submittals?
IV. What is EPA's analysis of the State's submittals?
V. What action is EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background

    Section 109 of the Clean Air Act (CAA) requires EPA to establish 
national primary (protective of human health) and secondary (protective 
of human welfare) air quality standards for pollutants for which air 
quality criteria have been issued under section 108 of the CAA (the 
criteria pollutants \1\). Individually and collectively these standards 
are referred to as NAAQS. Section 109(d)(1) of the CAA requires EPA to 
review, and if necessary, based on accumulated health and welfare data, 
to revise each NAAQS every five years. If a NAAQS is revised, states 
whose rules include state air quality standards may revise their rules 
to address the revised NAAQS and associated monitoring requirements, 
and submit them to EPA as SIP revision requests. See, e.g., 415 ILCS 5/
10(H). Moreover, section 10(H) of the ILCS requires that Illinois adopt 
ambient air quality standards that are identical-in-substance to the 
Federal NAAQS using identical-in-substance rulemaking procedure (415 
ILCS 5/10(H)(2016).
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    \1\ The criteria pollutants are ozone (O3), nitrogen 
oxides (represented by nitrogen dioxide (NO2)), sulfur 
oxides (represented by sulfur dioxide (SO2)), carbon 
monoxide (CO), particulate matter (represented by total suspended 
particulates (TSP), particulates (PM10), and fine 
particulates (PM2.5)), and lead (Pb). Note that Illinois 
also has air quality standard and monitoring rules for ``coarse 
particulate matter'' (PM2.5-10), although this is not a 
criteria pollutant and is generally considered to be included in 
PM10.
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    The Illinois Environmental Protection Agency (IEPA) submitted 
revisions on ambient air quality standards in the Illinois SIP to EPA 
for approval on April 2, 2018 and July 26, 2018. Specifically, these 
SIP revisions update: (1) Illinois ambient air quality definitions and 
requirements for handling monitoring data influenced by exceptional 
events, (2) implementation rules for the 2012 primary annual 
PM2.5 NAAQS, and (3) designated reference and equivalent 
methods for multiple NAAQS. These updates correspond to EPA's 
rulemakings related to NAAQS that occurred between July 1, 2016 and 
December 31, 2017.
    IEPA also submitted a revision to the definitions for VOC in the 
Illinois SIP to EPA for approval on April 2, 2018. The change included 
the addition of 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane to 
the list of chemical species excluded from the Federal definition of 
VOC. This update corresponds to EPA's rulemaking related to VOC 
regulations adopted August 1, 2016.

II. What are the State rule revisions?

35 IAC 243.101 Definitions

    Illinois amended 35 IAC 243.101 to add and revise definitions 
regarding the exceptional events rule. These definitions were adopted 
by EPA in ``Treatment of Data Influenced by Exceptional Events'' (81 FR 
68216, October 3, 2016).

35 IAC 243.105 Air Quality Monitoring Data Influenced by Exceptional 
Events

    Illinois amended 35 IAC 243.105 to update procedural requirements, 
requirements for air agency demonstrations, criteria for EPA's approval 
of the exclusion of event influenced air quality data, and requirements 
for air agencies to take appropriate and reasonable actions to protect 
public health from exceedances or violations of the NAAQS.

[[Page 65538]]

Additionally, Illinois repealed Section 243.TABLE A ``Schedule for 
Submission for Data Influenced by Exceptional Events for Use in Initial 
Area Designations.''
    EPA revised the requirements for handling monitoring data 
influenced by exceptional events (81 FR 68216, October 3, 2016). EPA 
recognizes that basing regulatory determinations on data influenced by 
exceptional events may not be appropriate in some instances. The rules 
provide a procedure for exclusion of data influenced by exceptional 
events from regulatory decision-making. An exceptional event has a 
clear relationship with violation of NAAQS, is not reasonably 
controlled or preventable, unlikely to reoccur at a particular 
location, and has been declared such by EPA. The revisions require 
written mitigation plans for areas that have ``historically 
documented'' or ``known seasonal'' exceptional events. Several 
revisions relate to wildfires and controlled burns as exceptional 
events.

35 IAC 243.108 Incorporations by Reference

    Illinois revised this section to incorporate by reference EPA's 
updated ``List of Designated Reference and Equivalent Methods'' from 
January 1, 2016, to December 31, 2017. EPA issued updated versions of 
the ``List of Designated Reference and Equivalent Methods'' that 
included new Federal Equivalent Methods (FEMs) and Federal Reference 
Methods (FRMs) for monitoring of Carbon Monoxide (CO), oxides of 
nitrogen (NOX), and PM2.5. See 82 FR 14325 (March 
20, 2017), 82 FR 21995 (May 11, 2017) 82 FR 44612 (September 25, 2017), 
82 FR 45842 (October 2, 2017). The list with all approved FEMs and FRMs 
is located at: https://www3.epa.gov/ttn/amtic/criteria.html.
    Illinois also added a statement to 35 IAC 243.108 that the 
incorporation by reference of EPA's promulgated monitoring methods 
``includes the following USEPA methods designations that occurred after 
December 16, 2017.''
    Additionally, Illinois updated 35 IAC 243.108 to incorporate by 
reference the 2017 versions of appendices A-1, A-2, B, C, D, F, G, H, 
I, J, K, L, N, O, P, Q, R, S, T and U of 40 CFR part 50. These 
appendices contain the reference monitoring methods for and the 
``interpretation'' of (i.e., data handling conventions and 
computations) the ambient standards for the criteria air pollutants.
    EPA made one change in the 2017 versions of these appendices 
relative to the 2016 versions. EPA revised the appendix N 
``Interpretation of the Primary and Secondary National Ambient Air 
Quality Standards for Particulate Matter.'' These revisions address a 
number of important attainment planning issues including the process 
for determining control strategies, including Reasonably Available 
Control Measures/Reasonably Available Control Technology (RACM/RACT) 
for Moderate areas; and Best Available Control Measures/Best Available 
Control Technology (BACM/BACT) and Most Stringent Measures (MSM) for 
Serious areas; guidelines for attainment demonstrations for areas that 
can attain by the statutory attainment date, and ``impracticability'' 
demonstrations for areas that cannot practicably attain by the 
statutory attainment date; contingency measures for areas that fail to 
meet RFP or fail to attain the NAAQS by the attainment date; and 
codification of the clean data policy for PM2.5 NAAQS 
nonattainment areas. These implementation rules also clarify the 
specific attainment planning requirements that apply to 
PM2.5 NAAQS nonattainment areas based on their 
classification (either Moderate or Serious), and the process for 
reclassifying Moderate areas to Serious. In addition, the updated 
implementation rules revoke older 1997 annual NAAQS for 
PM2.5, which will no longer apply in areas designated as 
attainment for that standard. For areas that EPA designated as 
nonattainment for the 1997 standard, the 1997 primary annual NAAQS for 
PM2.5 will continue to apply until the effective date of an 
EPA designation of attainment for the area.
    Illinois' rule revisions incorporate by reference these amended CFR 
appendices.

35 IAC 243.120 PM10 and PM2.5

    Illinois amended 35 IAC 243.120 to include the revocation language 
for 1997 PM2.5 NAAQS. As stated above, the 1997 
PM2.5 NAAQS standard no longer applies to any area that is 
in attainment of the 1997 PM2.5 standard 82 FR 14325 (August 
24, 2016). In Illinois all areas are designated attainment or 
attainment/unclassifiable for the 1997 PM2.5 NAAQS except 
the Metro East St. Louis nonattainment area. These area are Madison, 
Monroe, and St. Clair Counties and the Baldwin Village area of Randolph 
County (40 CFR 81.214, 2016).

35 IAC 211.7150 Volatile Organic Material (VOM) or Volatile Organic 
Compound (VOC)

    Illinois amended 35 IAC 211.7150 to incorporate a change to the 
list of chemical species excluded from the Federal definition of VOC 
(81 FR 50330, August 1, 2016). The change included the addition of 
1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane to the list of 
chemical species excluded from the Federal definition of VOC.
    In 2007, EPA received a petition requesting that 1,1,2,2-
Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane be exempted from VOC 
control based on its lower reactivity than ethane and that it is not 
expected to contribute to the depletion of the stratospheric 
O3 layer. On August 1, 2016 (81 FR 50330), EPA responded to 
the petition by amending 40 CFR 51.100(s) to exclude this chemical 
compound from the definition of VOC for purposes of preparing SIPs to 
attain the ozone NAAQS under title I of the CAA (78 FR 9823). Based on 
the mass maximum incremental reactivity value for the compound being 
equal to or less than that of ethane, EPA concluded that this compound 
makes negligible contributions to tropospheric ozone formation (81 FR 
50330). EPA's action became effective August 1, 2016. IEPA's SIP 
revision to the Illinois definition of VOM is consistent with EPA's 
action amending the definition of VOC at 40 CFR 51.100(s).

III. Did the State hold public hearings for these submittals?

    Illinois held public hearings for the NAAQS updates on September 
21, 2017 and April 12, 2018. The public hearing held on September 21, 
2017 addressed NAAQS updates regarding updated definitions and 
requirements for handling monitoring data influenced by exceptional 
events, implementation rules for the 2012 primary annual NAAQS for 
PM2.5, maintenance of primary and secondary NAAQS for lead 
without revision, addition of EPA-promulgated monitoring methods for 
multiple NAAQS, and an adoption of a correction to an equation used for 
calculating PM2.5 compliance. One comment addressed concern 
of error in placement of language in the implementation rule for the 
2012 PM2.5 as stated in EPA regulations. EPA indicated that 
the placement of language in the Federal regulations was not in error 
and no further action was taken.
    The public hearing held on April 12, 2018 addressed the NAAQS 
updates regarding the addition of EPA-promulgated monitoring methods 
for multiple NAAQS and updated List of

[[Page 65539]]

Designated Reference and Equivalent Methods. No adverse comments were 
received.
    Illinois held a public hearing for the VOM updates regarding the 
request of 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane being 
exempted from VOC regulations on September 21, 2017. No adverse 
comments were received.

IV. What is EPA's analysis of the State's submittals?

    EPA finds the state's requested SIP revisions to be approvable, 
because the state's rule revisions make the state's air quality 
standards and associated monitoring requirements identical-in-substance 
to EPA's promulgated NAAQS and VOC updates.

V. What action is EPA taking?

    EPA is approving NAAQS updates into the Illinois SIP to 35 IAC 
243.101, 35 IAC 234.105, 35 IAC 243.108, 35 IAC 243.120 35, and removal 
of IAC 243.TABLE A contained in the April 2, 2018 submittal and the 
July 26, 2018 submittal. EPA is approving VOC updates into the Illinois 
SIP to 35 IAC 211.7150 contained in the April 2, 2018 submittal. EPA is 
also removing an incorrect reference in 40 CFR 52.720(b)(3) on how 
copies of materials incorporated by reference may be inspected.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective February 19, 
2019 without further notice unless we receive relevant adverse written 
comments by January 22, 2019. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective 
February 19, 2019.

VI. 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 State implementation plan, 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.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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VII. 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);
     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, 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 February 19, 2019. 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

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shall not postpone the effectiveness of such rule or action. Parties 
with objections to this direct final rule are encouraged to file a 
comment in response to the parallel notice of proposed rulemaking for 
this action published in the proposed rules section of today's Federal 
Register, rather than file an immediate petition for judicial review of 
this direct final rule, so that EPA can withdraw this direct final rule 
and address the comment in the proposed rulemaking. This action may not 
be challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2) of the CAA.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon Monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides, Volatile organic compounds.

    Dated: December 3, 2018.
Cathy Stepp,
Regional Administrator, Region 5.

    40 CFR part 52 is 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 52.720 is amended by:
0
a. Revising paragraph (b)(3);
0
b. Revising the table entries in paragraph (c) for 211.7150, 243.101, 
243.105, 243.108, and 243.120; and
0
c. Removing the table entry in paragraph (c) for 243.TABLE A.
    The revisions read as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (b) * * *
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region 5, Air 
Programs Branch, 77 West Jackson Boulevard, Chicago, IL 60604, or the 
National Archives and Records Administration. For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) * * *

                                 EPA-Approved Illinois Regulations and Statutes
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                                                         State
    Illinois citation           Title/subject       effective date      EPA approval date          Comments
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                                                  * * * * * * *
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                                  Part 211: Definitions and General Provisions
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                                                  * * * * * * *
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                                             Subpart B: Definitions
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                                                  * * * * * * *
211.7150................  Volatile Organic              10/23/2017  12/21/2018, [Insert
                           Material (VOM) or                         Federal Register
                           Volatile Organic                          citation].
                           Compound (VOC).
 
                                                  * * * * * * *
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                                         Part 243: Air Quality Standards
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                                          Subpart A: General Provisions
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243.101.................  Definitions.............      10/23/2017  12/21/2018, [Insert
                                                                     Federal Register
                                                                     citation].
 
                                                  * * * * * * *
243.105.................  Air Quality Monitoring        10/23/2017  12/21/2018, [Insert
                           Data Influenced by                        Federal Register
                           Exceptional Events.                       citation].
 
                                                  * * * * * * *
243.108.................  Incorporation by              05/29/2018  12/21/2018, [Insert
                           Reference.                                Federal Register
                                                                     citation].
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                                  Subpart B: Standards and Measurement Methods
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243.120.................  PM10 and PM2.5..........      10/23/2017  12/21/2018, [Insert
                                                                     Federal Register
                                                                     citation].
 
                                                  * * * * * * *
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[FR Doc. 2018-27610 Filed 12-20-18; 8:45 am]
 BILLING CODE 6560-50-P


