
[Federal Register Volume 84, Number 55 (Thursday, March 21, 2019)]
[Proposed Rules]
[Pages 10461-10469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05285]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2018-0842; FRL-9991-11-Region 5]


Air Plan Approval; Illinois; Redesignation of the Illinois 
Portion of the St. Louis Area to Attainment of the 1997 Annual Standard 
for Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On December 6, 2018, the Illinois Environmental Protection 
Agency (Illinois) submitted a request for the Environmental Protection 
Agency (EPA) to redesignate the Illinois portion of the St. Louis, MO-
IL nonattainment area (hereafter, ``St. Louis area'') to attainment for 
the 1997 fine particulate matter (PM2.5) annual national 
ambient air quality standard (NAAQS or standard). The Illinois portion 
of the St. Louis area includes Madison, Monroe, and St. Clair counties, 
and Baldwin Township in Randolph County. EPA is taking this action 
because it has determined that the St. Louis area is attaining the 
annual 1997 PM2.5 standard based on the most recent three 
years of certified air quality data. EPA is also proposing to approve a 
revision to the Illinois state implementation plan (SIP) for 
maintaining the 1997 annual PM2.5 NAAQS through 2030. 
Illinois' maintenance plan submission includes an updated emission 
inventory, which includes emission inventories for PM2.5, 
NOX, volatile organic compounds (VOCs) and ammonia. The 
maintenance plan submission also includes motor vehicle emission 
budgets (MVEBs) for the mobile source contribution of PM2.5 
and nitrogen oxides (NOX) to the St. Louis PM2.5 
area for transportation conformity purposes. EPA is proposing to 
approve and update both the emissions inventory and MVEBs. EPA is 
proposing to take these actions in accordance with the Clean Air Act 
(CAA) and EPA's SIP rules regarding the 1997 PM2.5 NAAQS.

DATES: Comments must be received on or before April 22, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0842 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: Michelle Becker, Life Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-3901, 
Becker.Michelle@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 actions are EPA taking?
II. What is the background for these actions?
III. What are the criteria for redesignation to attainment?
IV. What is EPA's analysis of the state's request?
    1. Attainment Determination (Section 107(d)(3)(E)(i)).
    2. Section 110 and Part D Requirements, and Approval SIP under 
Section 110(k) (Section 107(d)(3)(E)(ii) and (v)).
    3. Permanent and Enforceable Reductions in Emissions (Section 
107(d)(3)(E)(iii)).
    4. Maintenance Plan Pursuant to Section 175A of the CAA (Section 
107(d)(3)(E)(iv)).
    5. Motor Vehicle Emissions Budget (MVEBs) for PM2.5 
and NOX, and Safety Margin for the St. Louis Area.
    6. Comprehensive Emissions Inventory for the St. Louis Area
V. What are the effects of EPA's actions?
VI. Statutory and Executive Order Reviews.

[[Page 10462]]

I. What actions are EPA taking?

    EPA is proposing to take several actions related to the 
redesignation of the St. Louis area to attainment of the 1997 annual 
PM2.5 NAAQS. EPA is proposing to determine that the St. 
Louis area has attained the 1997 annual PM2.5 NAAQS based on 
quality-assured, certified 2015-2017 air quality data. EPA is proposing 
to grant the request to redesignate the St. Louis area to attainment of 
the 1997 annual PM2.5 NAAQS.
    EPA proposes to find that Illinois' PM2.5 maintenance 
plan meets the requirements of section 175A of the CAA and is proposing 
to approve Illinois' PM2.5 maintenance plan for the 1997 
annual PM2.5 NAAQS for the St. Louis area as a revision to 
the Illinois SIP. The PM2.5 maintenance plan provides for 
the maintenance of the 1997 annual PM2.5 NAAQS in the St. 
Louis area through 2030.
    EPA is also proposing to approve Illinois' 2008 and 2030 MVEBs for 
the St. Louis area.
    Finally, EPA is proposing to approve Illinois' 2008 primary 
PM2.5, NOX, sulfur dioxide (SO2), VOC, 
and ammonia (NH3) emission inventories for the St. Louis 
area as satisfying the requirement of section 172(c)(3) of the CAA for 
a current, accurate, and comprehensive emission inventory.

II. What is the background for these actions?

    On July 18, 1997, EPA promulgated the first primary annual 
PM2.5 NAAQS to provide increased protection of public health 
from fine particle pollution (62 FR 38652). In that action, EPA 
promulgated an annual standard at a level of 15 micrograms per cubic 
meter ([micro]g/m\3\) of ambient air, based on a three-year average of 
the annual mean PM2.5 concentrations at each monitoring 
site. On January 5, 2005, EPA published air quality area designations 
for the 1997 annual PM2.5 standard based on air quality data 
for calendar years 2001-2003 (70 FR 944). In that rulemaking, EPA 
designated the St. Louis area, which includes Madison, Monroe, and St. 
Clair counties, and Baldwin Township in Randolph county in Illinois, as 
nonattainment for the 1997 annual PM2.5 standard.

III. What are the criteria for redesignation to attainment?

    The CAA sets forth criteria for redesignating a nonattainment area 
to attainment. Specifically, section 107(d)(3)(E) of the CAA allows for 
redesignation provided that: (1) The Administrator determines that the 
area has attained the applicable NAAQS based on current air quality 
data; (2) the Administrator has fully approved an applicable SIP for 
the area under section 110(k) of the CAA; (3) the Administrator 
determines that the improvement in air quality is due to permanent and 
enforceable emission reductions resulting from implementation of the 
applicable SIP, Federal air pollution control regulations, and other 
permanent and enforceable emission reductions; (4) the Administrator 
has fully approved a maintenance plan for the area as meeting the 
requirements of section 175A of the CAA; and (5) the state containing 
the area has met all requirements applicable to the area for purposes 
of redesignation under section 110 and part D of subchapter I of the 
CAA.

IV. What is EPA's analysis of the state's request?

    EPA is proposing to redesignate the St. Louis area to attainment of 
the 1997 annual PM2.5 NAAQS and to approve updates to the 
Illinois maintenance plan including MVEBs and emissions inventory for 
the area. The rationale for these proposed actions follows.

1. Attainment Determination (Section 107(d)(3)(E)(i))

    To redesignate an area from nonattainment to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS (CAA section 107(d)(3)(E)(i)). For PM2.5, an area is 
attaining the 1997 annual PM2.5 NAAQS if it meets the 
standard, as determined in accordance with 40 CFR 50.13 and part 50, 
appendix N, based on three complete, consecutive calendar years of 
quality-assured air quality monitoring data. To attain the 1997 annual 
PM2.5 NAAQS, the 3-year average of the annual arithmetic 
mean concentration, as determined in accordance with 40 CFR part 50, 
appendix N, must be less than or equal to 15.0 [micro]g/m\3\ at all 
relevant monitoring sites in the subject area over a 3-year period. The 
relevant data must be collected and quality-assured in accordance with 
40 CFR part 58 and recorded in the EPA Air Quality System (AQS) 
database. The monitors generally should have remained at the same 
location for the duration of the monitoring period required for 
demonstrating attainment.
    EPA reviewed the certified, quality-assured/quality-controlled 
PM2.5 monitoring data from the St. Louis area for the 1997 
annual PM2.5 NAAQS from 2015-2017 and determined that the 
design value for the area is less than the standard of 15.0 [mu]g/m\3\ 
for that period. The PM2.5 design values for monitors with 
complete data are summarized in Table 1:

                         Table 1--Monitoring Data for the St. Louis Area for 2015-2017 1997 Annual PM2.5 Standard ([mu]g/m \3\)
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                                                                                                               Year                           Average
                   State                             City/county               Site      ---------------------------------------------------------------
                                                                                               2015            2016            2017          2015-2017
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Illinois..................................  Madison.....................           Alton             9.0             8.8             8.7             8.8
Illinois..................................  Madison.....................      Wood River             9.1             8.7             8.3             8.7
Illinois..................................  Madison.....................    Granite City            10.4             9.1             9.6             9.7
Illinois..................................  Randolph....................         Houston             7.9             8.0            9.6*             8.5
Illinois..................................  St. Claire..................  East St. Louis            10.7            10.0             8.8             9.8
Missouri..................................  St. Louis City..............    Blair Street            10.4             8.5             7.9             8.9
Missouri..................................  St. Louis City..............  South Broadway            11.1             8.1             7.8             9.0
Missouri..................................  St. Louis City..............     Forest Park             9.2             8.7             8.3             8.7
Missouri..................................  St. Louis County............           Ladue            10.3             8.7             9.4             9.5
Missouri..................................  Jefferson...................     Arnold West            11.6             8.3             8.2             9.3
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* data completeness requirements met by substituting data from a secondary monitor resulting in a valid design value (83 FR 66631).

    Pursuant to section 179(c) of the CAA, EPA is proposing to 
determine that the St. Louis area is attaining the 1997 annual 
PM2.5 NAAQS. This proposed determination is based upon 
complete, quality-assured, and certified ambient

[[Page 10463]]

air monitoring data for the 2015-2017 monitoring period that show the 
area has monitored attainment of 1997 annual PM2.5 NAAQS.

2. Section 110 and Part D Requirements, and Approval SIP under Section 
110(k) (Section 107(d)(3)(E)(ii) and (v))

    EPA is proposing to find that Illinois has met all currently 
applicable SIP requirements for purposes of redesignation for the St. 
Louis area under section 110 of the CAA (general SIP requirements), and 
the planning requirements in part D of subchapter I of the CAA (part 
D). We are proposing to find that all applicable requirements of the 
Illinois SIP, for purposes of redesignation, have been implemented, in 
accordance with section 107(d)(3)(E)(ii) and 107(d)(3)(E)(v) of the 
CAA. As discussed below, in this section, EPA is proposing to approve 
Illinois' 2008 emissions inventory as meeting the section 172(C)(3) 
requirement for a comprehensive emissions inventory.
    In making these proposed determinations, we have ascertained which 
SIP requirements are applicable for purposes of redesignation, have 
concluded that there are SIP measures meeting these requirements, and 
that they are approved or will be approved by the time of final 
rulemaking on the State's PM2.5 redesignation request.
a. Illinois has met all Applicable Requirements for Purposes of 
Redesignation of the St. Louis Area Under Section 110 and Part D of the 
CAA
i. Section 110 General SIP Requirements
    Section 110(a) of title I of the CAA contains the general 
requirements for a SIP. Section 110(a)(2) provides that the 
implementation plan submitted by a state must have been adopted by the 
state after reasonable public notice and hearing, and, among other 
things, must include enforceable emission limitations and other control 
measures, means or techniques necessary to meet the requirements of the 
CAA; provide for establishment and operation of appropriate devices, 
methods, systems, and procedures necessary to monitor ambient air 
quality; provide for implementation of a source permit program to 
regulate the modification and construction of any stationary source 
within the areas covered by the plan; include provisions for the 
implementation of part C, Prevention of Significant Deterioration (PSD) 
and part D, New Source Review (NSR) permit programs; include criteria 
for stationary source emission control measures, monitoring, and 
reporting; include provisions for air quality modeling; and provide for 
public and local agency participation in planning and emission control 
rule development. Section 110(a)(2)(D) of the CAA requires that SIPs 
contain measures to prevent sources in a state from significantly 
contributing to air quality problems in another state.
    EPA interprets the ``applicable'' requirements for an area's 
redesignation to be those requirements linked with that area's 
nonattainment designation. Therefore, we believe that the section 110 
elements described above that are not connected with nonattainment plan 
submissions and not linked with an area's attainment status, such as 
the ``infrastructure SIP'' elements of section 110(a)(2), are not 
applicable requirements for purposes of the redesignation. A state 
remains subject to these requirements after an area is redesignated to 
attainment, and thus EPA does not interpret such requirements to be 
relevant applicable requirements to evaluate in a redesignation. For 
example, the requirement to submit state plans addressing interstate 
transport obligations under section 110(a)(2)(D)(i)(I) continue to 
apply to a state regardless of the designation of any particular area 
in the state, and thus are not applicable requirements to be evaluated 
in the redesignation context.
    EPA has applied this interpretation consistently in many 
redesignations for decades. See, e.g., 81 FR 44210 (July 7, 2016) 
(final redesignation for the Sullivan county, Tennessee area); 79 FR 
43655 (July 28, 2014) (final redesignation for Bellefontaine, Ohio lead 
nonattainment area); 61 FR 53174-53176 (October 10, 1996) and 62 FR 
24826 (May 7, 1997) (proposed and final redesignation for Reading, 
Pennsylvania ozone nonattainment area); 61 FR 20458 (May 7, 1996) 
(final redesignation for Cleveland-Akron-Lorain, Ohio ozone 
nonattainment area); and 60 FR 62748 (December 7, 1995) (final 
redesignation of Tampa, Florida ozone nonattainment area). See also 65 
FR 37879, 37890 (June 19, 2000) (discussing this issue in final 
redesignation of Cincinnati, Ohio 1-hour ozone nonattainment area); and 
66 FR 50399 (October 19, 2001) (final redesignation of Pittsburgh, 
Pennsylvania 1-hour ozone nonattainment area).
    We have reviewed the Illinois SIP and determined that it meets the 
general SIP requirements under section 110 of the CAA to the extent 
they are applicable for purposes of redesignation. EPA has previously 
approved provisions of Illinois' SIP addressing section 110 
requirements at 40 CFR 52.720.
ii. Part D Requirements
    EPA has determined that, upon approval of the base year emissions 
inventories discussed in section IV.6 of this rulemaking, the Illinois 
SIP will meet the SIP requirements for the St. Louis area applicable 
for purposes of redesignation under part D of the CAA. Subpart 1 of 
part D, found in sections 172-176 of the CAA, sets forth the basic 
nonattainment requirements applicable to all nonattainment areas. 
Subpart 4 of part D, found in section 189 of the CAA, sets forth 
nonattainment requirements applicable for particulate matter 
nonattainment areas.
(1) Section 172 Requirements
    Section 172(c) sets out general nonattainment plan requirements. A 
thorough discussion of these requirements can be found in the General 
Preamble for Implementation of Title I (57 FR 13498, April 16, 1992) 
(``General Preamble''). EPA's longstanding interpretation of the 
nonattainment planning requirements of section 172 is that once an area 
is attaining the NAAQS, those requirements are not ``applicable'' for 
purposes of CAA section 107(d)(3)(E)(ii) and therefore need not be 
approved into the SIP before EPA can redesignate the area. In the 
General Preamble, EPA set forth its interpretation of applicable 
requirements for purposes of evaluating redesignation requests when an 
area is attaining a standard. See 57 FR 13564. EPA noted that the 
requirements for reasonable further progress (RFP) and other measures 
designed to provide for an area's attainment do not apply in evaluating 
redesignation requests because those nonattainment planning 
requirements ``have no meaning'' for an area that has already attained 
the standard. Id. This interpretation was also set forth in the 
Calcagni Memorandum.\1\
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    \1\ September 4, 1992 Memorandum from John Calcagni, Director, 
Air Quality Management Division (EPA), entitled, ``Procedures for 
Processing Requests to Redesignate Areas to Attainment.''
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    EPA's long-standing interpretation regarding the applicability of 
section 172(c)'s attainment planning requirements for an area that is 
attaining a NAAQS applies in this redesignation of the St. Louis area 
1997 annual PM2.5 nonattainment area as well.
    As noted above, the remaining section 172(c) ``attainment 
planning'' requirements are not applicable for purposes of evaluating 
the state's redesignation request. Specifically, these are the 
reasonably available

[[Page 10464]]

control measures (RACM) requirement under section 172(c)(1), which 
requires the plans for all nonattainment areas to provide for the 
implementation of all RACM as expeditiously as practicable and to 
provide for attainment of the primary NAAQS; the RFP requirement under 
section 172(c)(2), which is defined as progress that must be made 
toward attainment; the requirement to submit section 172(c)(9) 
contingency measures, which are measures to be taken if the area fails 
to make reasonable further progress to attainment; and the section 
172(c)(6) requirement that the SIP contain control measures necessary 
to provide for attainment of the standard. These requirements are not 
applicable in evaluating Illinois' redesignation request because the 
St. Louis area has monitored attainment of the 1997 annual standard 
prior to the required attainment date of April 5, 2010, as promulgated 
in the Clean Data Determination published July 27, 2012 (77 FR 38183).
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. 
Illinois submitted a 2008 base year emissions inventory as part of 
their PM2.5 attainment demonstration on December 6, 2018 and 
requested that the 2008 inventories be used as the most accurate and 
current inventory. As discussed below in section IV.6, EPA is proposing 
to approve Illinois' 2008 emissions inventory as meeting the section 
172(c)(3) emission inventory requirement for the St. Louis area.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources in an 
area, and section 172(c)(5) and 189(a)(1)(A) requires source permits 
for the construction and operation of new and modified major stationary 
sources anywhere in the nonattainment area. EPA approved the current 
Illinois NSR program for PM2.5 on May 13, 2003 (68 FR 
25504). In addition, the state's maintenance plan does not rely on 
nonattainment NSR, therefore having a fully approved NSR program is not 
an applicable requirement; nonetheless, we have approved the state's 
program.\2\
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    \2\ A detailed rationale for this view is described in a 
memorandum from Mary Nichols, Assistant Administrator for Air and 
Radiation, dated October 14, 1994, entitled, ``Part D New Source 
Review Requirements for Areas Requesting Redesignation to 
Attainment.''
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    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, we find that the 
Illinois SIP meets the section 110(a)(2) applicable requirements for 
purposes of redesignation.
(2) Section 176 Conformity Requirements
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that Federally-supported or funded activities, 
including highway projects, conform to the air quality planning goals 
in the applicable SIPs. The requirement to determine conformity applies 
to transportation plans, programs and projects developed, funded or 
approved under Title 23 of the U.S. Code and the Federal Transit Act 
(transportation conformity) as well as to all other Federally-supported 
or funded projects (general conformity). State transportation 
conformity regulations must be consistent with Federal conformity 
regulations relating to consultation, enforcement, and enforceability, 
which EPA promulgated pursuant to CAA requirements.
    EPA approved Illinois' transportation conformity SIPs on December 
23, 1997 (62 FR 67000). In April 2010, EPA promulgated changes to 40 
CFR 51.851, eliminating the requirement for states to maintain a 
general conformity SIP. EPA confirms that Illinois has met the 
applicable conformity requirements under section 176.
b. Illinois Has a Fully Approved Applicable SIP Under Section 110(k) of 
the CAA
    Upon final approval of Illinois' comprehensive 2008 emissions 
inventories, EPA will have fully approved the Illinois SIP for the St. 
Louis area under section 110(k) of the CAA for all requirements 
applicable for purposes of redesignation. EPA may rely on prior SIP 
approvals in approving a redesignation request (See page 3 of the 
Calcagni memorandum; Southwestern Pennsylvania Growth Alliance v. 
Browner, 144 F.3d 984, 989-90 (6th Cir. 1998); Wall v. EPA, 265 F.3d 
426 (6th Cir. 2001)) plus any additional measures it may approve in 
conjunction with a redesignation action. See 68 FR 25413, 25426 (May 
12, 2003). Since the passage of the CAA of 1970, Illinois has adopted 
and submitted, and EPA has fully approved, provisions addressing 
various required SIP elements under particulate matter standards. In 
this action, EPA is proposing to approve Illinois' 2008 comprehensive 
emissions inventories for the St. Louis area as meeting the requirement 
of section 172(c)(3) of the CAA. No St. Louis area SIP provisions are 
currently disapproved, conditionally approved, or partially approved. 
Therefore, EPA has fully approved the applicable requirements for the 
St. Louis area under section 110(k) in accordance with section 
107(d)(3)(E)(ii).

3. Permanent and Enforceable Reductions in Emissions (Section 
107(d)(3)(E)(iii))

    EPA finds that Illinois has demonstrated that the observed air 
quality improvement in the St. Louis area is due to permanent and 
enforceable reductions from Federal measures. In making this 
demonstration, Illinois has calculated the change in emissions between 
2002, one of the years the St. Louis area was monitoring nonattainment, 
and 2008, one of the years the St. Louis area monitored attainment. The 
reduction in emissions and the corresponding improvement in air quality 
over this period can be attributed to several regulatory control 
measures that the St. Louis and contributing areas have implemented in 
recent years.
a. Permanent and Enforceable Controls Implemented
    The following is a discussion of permanent and enforceable measures 
that have been implemented in the area:
i. Federal Emission Control Measures
    Reductions in directly emitted fine particles and fine particle 
precursor emissions have occurred statewide and in upwind areas because 
of Federal emission control measures, with additional emission 
reductions expected to occur in the future. Federal emission control 
measures include the following:
    Tier 2 Emission Standards for Vehicles and Gasoline Sulfur 
Standards. These emission control requirements result in lower 
NOX and SO2 emissions from new cars and light 
duty trucks, including sport utility vehicles. The Federal rules were 
phased in between 2004 and 2009. EPA has estimated that, by the end of 
the phase-in period, new vehicles will emit less NOX with 
the following percentage decreases: Passenger cars (light duty 
vehicles)--77%; light duty trucks, minivans and sports utility 
vehicles--86%; and, larger sports utility vehicles, vans and heavier 
trucks--69% to 95%. EPA expects fleet-wide average emissions to decline 
by similar percentages as new vehicles replace older vehicles. The Tier 
2 standards also reduced the sulfur content of gasoline to 30 parts per 
million (ppm) beginning in January 2006, reducing both directly emitted 
sulfates and the precursor SO2.
    Heavy-Duty Diesel Engine Rule. EPA issued this rule in July 2000. 
This rule includes standards limiting the sulfur content of diesel 
fuel, which went into

[[Page 10465]]

effect in 2004. A second phase took effect in 2007 which reduced fine 
particle emissions from heavy-duty highway engines and further reduced 
the highway diesel fuel sulfur content to 15 ppm. The total program is 
estimated to achieve a 90% reduction in direct PM2.5 
emissions and a 95% reduction in NOX emissions for these new 
engines using low sulfur diesel, compared to existing engines using 
higher sulfur content diesel. The reduction in fuel sulfur content also 
yielded an immediate reduction in sulfate particle emissions from all 
diesel vehicles.
    Nonroad Diesel Rule. In May 2004, EPA promulgated a rule for large 
nonroad diesel engines, such as those used in construction, agriculture 
and mining equipment, that was phased in between 2008 and 2014. The 
rule also reduces the sulfur content in nonroad diesel fuel by over 
99%. Prior to 2006, nonroad diesel fuel averaged approximately 3,400 
ppm sulfur. This rule limited nonroad diesel sulfur content to 500 ppm 
by 2006, with a further reduction to 15 ppm by 2010. The combined 
engine and fuel rules will reduce NOX and PM2.5 
emissions from large nonroad diesel engines by over 90%, compared to 
current nonroad engines using higher sulfur content diesel. It is 
estimated that compliance with this rule will cut NOX 
emissions from nonroad diesel engines by up to 90%. This rule achieved 
some emission reductions by 2008 and was fully implemented by 2010. The 
reduction in fuel sulfur content also yielded an immediate reduction in 
sulfate particle emissions from all diesel vehicles.
    Nonroad Large Spark-Ignition Engine and Recreational Engine 
Standards. In November 2002, EPA promulgated emission standards for 
groups of previously unregulated nonroad engines. These engines include 
large spark-ignition engines such as those used in forklifts and 
airport ground-service equipment; recreational vehicles using spark-
ignition engines such as off-highway motorcycles, all-terrain vehicles 
and snowmobiles; and recreational marine diesel engines. Emission 
standards from large spark-ignition engines were implemented in two 
tiers, with Tier 1 starting in 2004 and Tier 2 in 2007. Recreational 
vehicle emission standards were phased in from 2006 through 2012. 
Marine diesel engine standards were phased in from 2006 through 2009. 
With full implementation of the entire nonroad spark-ignition engine 
and recreational engine standards, an 80% reduction in NOX 
is expected by 2020. Most of these emission reductions occurred by the 
2015-2017 period used to demonstrate attainment, but additional 
emission reductions will occur during the maintenance period.
ii. Control Measures in Contributing Areas
    NOX SIP Call. On October 27, 1998 (63 FR 57356), EPA 
issued a NOX SIP Call requiring the District of Columbia and 
22 states (including Illinois and Missouri) to reduce emissions of 
NOX. Affected states were required to comply with Phase I of 
the SIP Call beginning in 2004, and Phase II beginning in 2007. 
Emission reductions resulting from regulations developed in response to 
the NOX SIP Call are permanent and enforceable.
    Clean Air Interstate Rule (CAIR). On March 10, 2004, EPA 
promulgated the CAIR. The CAIR required Electric Generating Units 
(EGUs) in 28 eastern states and the District of Columbia to 
significantly reduce emissions of NOX and SO2. On 
July 6, 2011, EPA finalized Cross-State Air Pollution Rule (CSAPR) as a 
replacement for CAIR. CSAPR became effective on January 1, 2015, for 
SO2 and annual NOX, and May 1, 2015, for ozone 
season NOX. EPA estimated CSAPR will reduce EGU 
SO2 emissions by 73% and NOX emissions by 54% 
from 2005 levels in the CSAPR region, which includes Illinois.
    On September 7, 2016, EPA promulgated an update to CSAPR that will 
bring even greater reductions in NOX emissions. EPA 
estimated that the CSAPR update and other changes already underway in 
the power sector will cut ozone season NOX emissions from 
power plants in the eastern United States by 20%, resulting in a 
reduction of 80,000 tons in 2017 compared to 2015 levels.
iii. Consent Decrees
    Air quality in the Illinois portion of the nonattainment area has 
benefited from implementation of state point source NOX 
controls and other emission controls targeting PM2.5 
precursors. Federally-initiated litigation resulting in emission-
reducing consent decrees with local industry include the ConocoPhillips 
Global Refinery Settlement (filed January 27, 2005, U.S. District Court 
for the Southern District in Texas), which provided for installation 
(no later than December 31, 2009) of low-NOX burners and 
ultra-low NOX burners on combustion units at its 
``Distilling West'' operations (Roxana, IL, refinery), as well as 
reductions of SO2, particulate matter, and NOX 
from process operations. A settlement reached with Dynegy Midwest 
Generation (USA v. IL Power Co., et al. 3:99-cv-833 Consent Decree, 
March 2005, U.S. District Court for the Southern District of Illinois) 
included the requirements to ``commence operation of the SCRs 
[selective catalytic reduction systems] installed at Baldwin Unit 1, 
Unit 2 . . . so as to achieve and maintain a 30-day rolling average 
emission rate from each such unit of not greater than 0.100 lb/mmBtu 
NOX'' and ``maintain a 30-day rolling average emission rate 
of not greater than 0.120 lb/mmBtu NOX at Baldwin Unit 3.'' 
Within this same timeframe, the National Emission Standards for 
Hazardous Air Pollutants (NESHAP) for Integrated Iron and Steel 
Manufacturing Facilities was amended on July 13, 2006, affecting 
emission limits from the blast furnaces and Basic Oxygen Furnace shop 
at the U.S. Steel facility in Granite City, Illinois. The control 
measures and emission reductions resulting from this federal rulemaking 
and consent agreements continue to be permanent and enforceable.
    The emissions reductions resulting from these control measures are 
in Table 2.

                Table 2--2002 and 2008 Emissions Totals for the St. Louis 1997 Annual PM2.5 NAAQS
                                                   [Tons/year]
----------------------------------------------------------------------------------------------------------------
                       Pollutant                                2002               2008            Difference
----------------------------------------------------------------------------------------------------------------
PM2.5..................................................          10,950.60           8,136.98          -2,813.62
NOX....................................................          61,860.58          44,722.08         -17,138.50
SO2....................................................          55,940.09          50,557.33          -5,382.76
VOC....................................................          40,697.69          21,753.04         -18,944.65
NH3....................................................           4,418.65           3,873.19            -545.46
----------------------------------------------------------------------------------------------------------------


[[Page 10466]]

4. Maintenance Plan Pursuant to Section 175A of the CAA (Section 
107(d)(3)(E)(iv))

    In conjunction with the request to redesignate the St. Louis 
nonattainment area to attainment status, Illinois has submitted a SIP 
revision to provide for maintenance of the 1997 annual PM2.5 
NAAQS in the area through 2030.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the required elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment. Under section 175A, the plan must demonstrate continued 
attainment of the applicable NAAQS for at least ten years after EPA 
approves a redesignation to attainment. Eight years after 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for ten 
years following the initial ten year maintenance period. To address the 
possibility of future NAAQS violations, the maintenance plan must 
contain contingency measures with a schedule for implementation as EPA 
deems necessary to assure prompt correction of any future 
PM2.5 NAAQS violations.
    The Calcagni Memorandum provides additional guidance on the content 
of a maintenance plan. The memorandum states that a maintenance plan 
should address the following items: The attainment emissions inventory, 
a maintenance demonstration showing maintenance for the ten years of 
the maintenance period, a commitment to maintain the existing 
monitoring network, factors and procedures to be used for verification 
of continued attainment of the NAAQS, and a contingency plan to prevent 
or correct future violations of the NAAQS.
    As discussed in detail in the section below, the state's 
maintenance plan submission expressly documents that the area's 
emissions inventory and modeling show that the area will remain below 
the attainment year inventories through 2030, more than ten years after 
redesignation.
b. Attainment Inventory
    Illinois developed an emissions inventory for annual 
PM2.5 emissions for 2008, one of the years in the period 
during which the St. Louis area monitored attainment of the 1997 annual 
PM2.5 NAAQS. The attainment levels of emissions are 
summarized in Tables 3 through 7, along with future maintenance 
projections.
c. Demonstration of Maintenance
    As discussed above, EPA has determined that the St. Louis area 
attained the 1997 annual PM2.5 NAAQS based on monitoring 
data for the 3-year period from 2007-2009 and based on 2015-2017 
monitoring data continues to attain the standard. In its maintenance 
plan, Illinois selected 2008 as the attainment emission inventory year. 
The attainment inventory identifies the level of emissions in the St. 
Louis area that is sufficient to attain the 1997 annual 
PM2.5 NAAQS. Illinois began development of the attainment 
inventory by first generating a baseline emissions inventory for the 
St. Louis area. The year 2008 was chosen as the base year for 
developing a comprehensive emissions inventory for direct 
PM2.5, NOX, SO2, VOC, and 
NH3. The projected inventory included with the maintenance 
plan estimates emissions forward to 2025 and 2030, which satisfies the 
ten year interval required in section 175A of the CAA.
    The emissions inventories address four major types of sources: 
Point, area, onroad mobile, and nonroad mobile. The future year 
emissions inventories have been estimated using projected rates of 
growth in population, traffic, economic activity, expected control 
programs, and other parameters. Nonroad mobile emissions estimates were 
based on EPA's nonroad mobile model, with the exception of the railroad 
locomotives, commercial marine, and aircraft. Onroad mobile source 
emissions were calculated using EPA's MOVES2014a onroad mobile emission 
model. The 2008 PM2.5, NOX, SO2, VOC, 
and NH3 emissions for St. Louis area, as well as the 
emissions for other years, were developed consistent with EPA guidance.
    Section 175A requires a state seeking redesignation to attainment 
to submit a SIP revision to provide for the maintenance of the NAAQS in 
the area ``for at least 10 years after the redesignation.'' EPA has 
interpreted this as a showing of maintenance ``for a period of ten 
years following redesignation.'' Calcagni Memorandum, p. 9. Where the 
emissions inventory method of showing maintenance is used, the purpose 
is to show that emissions during the maintenance period will not 
increase over the attainment year inventory. Id. at pp. 9-10.
    As discussed in detail below, Illinois' maintenance plan submission 
expressly documents that the St. Louis area's overall emissions 
inventories will remain well below the attainment year inventories 
through 2030. In addition, for the reasons set forth below, EPA 
believes that the St. Louis area will continue to maintain the 1997 
annual PM2.5 NAAQS through 2030. Thus, if EPA finalizes its 
proposed approval of the redesignation request and maintenance plan, 
the approval will be based upon this showing, in accordance with 
section 175A, and EPA's analysis described herein, that the Illinois 
maintenance plan provides for maintenance for at least 10 years after 
redesignation.
    The maintenance plan for the St. Louis 1997 annual PM2.5 
area includes a maintenance demonstration that:
    (i) Shows compliance with and maintenance of the annual 
PM2.5 standard by providing information to support the 
demonstration that current and future emissions of PM2.5 and 
NOX, as well as other precursors, remain at or below 2008 
emissions levels.
    (ii) Uses 2008 as the attainment year and includes future emission 
inventory projections for 2025 and 2030.
    (iii) Identifies an ``out year'' at least ten years after EPA 
review and potential approval of the maintenance plan. Per 40 CFR part 
93, PM2.5, and NOX MVEBs were established for the 
last year (2030) of the maintenance plan.
    (iv) Provides, as shown in Tables 3 through 7 below, the estimated 
and projected emissions inventories, in tons per year, covering only 
the Illinois portion of the St. Louis, MO-IL area, for 
PM2.5, NOX, SO2, VOC, and 
NH3.

                               Table 3--St. Louis Area PM2.5 Emission Inventories
                                                   [Tons/year]
----------------------------------------------------------------------------------------------------------------
                         Sector                           2008 Attainment    2030 Maintenance      Difference
----------------------------------------------------------------------------------------------------------------
Point..................................................           2,438.05           2,350.90             -87.15
Area...................................................           4,749.40           4,656.69             -92.71
Onroad.................................................             524.49             104.24            -420.25

[[Page 10467]]

 
Offroad................................................             425.04             304.41            -120.63
                                                        --------------------------------------------------------
    Total..............................................           8,136.98           7,416.24            -720.74
----------------------------------------------------------------------------------------------------------------


                Table 4--2002 and 2008 Emissions Totals for the St. Louis 1997 Annual PM2.5 NAAQS
                                                   [Tons/year]
----------------------------------------------------------------------------------------------------------------
                         Sector                           2008 Attainment    2030 Maintenance      Difference
----------------------------------------------------------------------------------------------------------------
Point..................................................          16,608.41          14,519.27          -2,089.14
Area...................................................           1,638.36           1,766.40             128.04
Onroad.................................................          17,965.82           2,984.38         -14,981.44
Offroad................................................           8,509.49           9,222.09             712.60
                                                        --------------------------------------------------------
    Total..............................................          44,722.08          28,492.14         -16,229.94
----------------------------------------------------------------------------------------------------------------


                                Table 5--St. Louis Area SO2 Emission Inventories
                                                   [Tons/year]
----------------------------------------------------------------------------------------------------------------
                         Sector                           2008 Attainment    2030 Maintenance      Difference
----------------------------------------------------------------------------------------------------------------
Point..................................................          49,895.15          47,652.59          -2,242.56
Area...................................................             246.64             275.09              28.45
Onroad.................................................              60.26              51.76              -8.50
Offroad................................................             355.25             432.68              77.43
                                                        --------------------------------------------------------
    Total..............................................          50,577.33          48,412.12          -2,165.21
----------------------------------------------------------------------------------------------------------------


                                Table 6--St. Louis Area VOC Emission Inventories
                                                   [Tons/year]
----------------------------------------------------------------------------------------------------------------
                         Sector                           2008 Attainment    2030 Maintenance      Difference
----------------------------------------------------------------------------------------------------------------
Point..................................................           4,270.41           6,071.31           1,800.90
Area...................................................           7,796.35           9,676.73           1,880.38
Onroad.................................................           6,741.77           1,402.96          -5,338.81
Offroad................................................           2,994.51           1,605.73          -1,388.78
                                                        --------------------------------------------------------
    Total..............................................          21,753.04          18,756.74          -2,996.30
----------------------------------------------------------------------------------------------------------------


                                Table 7--St. Louis Area NH3 Emission Inventories
                                                   [Tons/year]
----------------------------------------------------------------------------------------------------------------
                                                                                                Difference 2008-
                         Sector                           2008 Attainment    2030 Maintenance         2030
----------------------------------------------------------------------------------------------------------------
Point..................................................             208.31             270.38              62.07
Area...................................................           3,354.13           3,381.35              27.22
Onroad.................................................             304.71             187.59            -117.12
Offroad................................................               6.04               8.94                2.9
                                                        --------------------------------------------------------
    Total..............................................           3,873.19           3,848.27             -24.92
----------------------------------------------------------------------------------------------------------------

    As discussed in the section below, the state's maintenance plan 
submission expressly documents that the area's emission levels will 
remain below the attainment year emission levels through 2030.
d. Monitoring Network
    Illinois and Missouri each currently operate five monitors for 
purposes of determining attainment with the annual PM2.5 
standard for the St. Louis area. EPA has determined that the monitors 
maintained by both Illinois and Missouri constitute an adequate 
monitoring network.
e. Verification of Continued Attainment
    Illinois remains obligated to continue to quality-assure monitoring 
data and enter all data into the AQS in accordance with Federal 
guidelines in accordance with 40 CFR part 58. Illinois will use these 
data, supplemented with additional information as necessary, to assure 
that the area continues to attain the standard. Illinois will also 
continue to develop and submit periodic emission inventories as 
required by the Federal Consolidated Emissions

[[Page 10468]]

Reporting Rule (67 FR 39602, June 10, 2002) to track future levels of 
emissions. These actions will help to verify continued attainment in 
accordance with 40 CFR part 58.
f. Contingency Plan
    The contingency plan provisions are designed to promptly correct or 
prevent a violation of the NAAQS that might occur after redesignation 
of an area to attainment. Section 175A of the CAA requires that a 
maintenance plan include such contingency measures as EPA deems 
necessary to assure that the state will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the contingency measures to be adopted, a schedule and 
procedure for adoption and implementation of the contingency measures, 
and a time limit for action by the state. The state should also 
identify specific indicators to be used to determine when the 
contingency measures need to be adopted and implemented. The 
maintenance plan must include a requirement that the state will 
implement all pollution control measures that were contained in the SIP 
before redesignation of the area to attainment. See section 175A(d) of 
the CAA.
    The Illinois contingency plan defines Level I and Level II 
contingency measure triggers. The Level I triggers are activated when 
the PM2.5 average of the weighted annual mean of 15.0 
[micro]g/m\3\ or greater occurs in a single calendar year within the 
maintenance area or the total maintenance area emissions increase 5% or 
more above the 2008 inventory. A Level I trigger response will consist 
of a study, to be completed within nine months, to determine whether 
the PM2.5 value indicates a trend toward higher 
PM2.5 values or whether emissions appear to be increasing. 
The Level II trigger will be prompted whenever a violation of the 
standard (three-year average of the weighted annual means of greater 
than 15.0 [micro]g/m\3\). If the Level II trigger occurs, Illinois will 
conduct an analysis to determine control measures to address the 
violation within six months. Level II trigger measures that can be 
implemented in a short time will be selected to be in place within 18 
months from the close of the calendar year that prompted the action 
level. Illinois will also consider the timing of an action level 
trigger and determine if additional, significant new regulations not 
currently included as part of the maintenance provisions will be 
implemented in a timely manner and will constitute our response.
    Because it is not possible to determine what control measures will 
be appropriate at an unspecified time in the future, Illinois provides 
that additional facility-specific controls requiring reductions in 
NOX, PM2.5, SO2 and/or VOC emissions 
and broader geographic applicability of existing measures are options 
for implementation.
    As required by section 175A(b) of the CAA, Illinois commits to 
submit to EPA an updated PM2.5 maintenance plan eight years 
after redesignation of the St. Louis area to cover an additional ten 
year period beyond the initial ten year maintenance period.
    For the reasons set forth above, EPA is proposing to approve 
Illinois' 1997 annual PM2.5 maintenance plan for the St. 
Louis area as meeting the requirements of CAA section 175A.
    Illinois further commits to conduct ongoing review of its data, and 
if monitored concentrations or emissions are trending upward, Illinois 
commits to take appropriate steps to avoid a violation if possible. 
Illinois commits to continue implementing SIP requirements upon and 
after redesignation.
    EPA finds that Illinois' contingency measures, as well as the 
commitment to continue implementing any SIP requirements, satisfy the 
pertinent requirements of section 175A.

5. Motor Vehicle Emissions Budget (MVEBs) for PM2.5 and 
NOX, and Safety Margin for the St. Louis Area

    The maintenance plan submitted by Illinois for the St. Louis area 
contains new primary PM2.5, NOX, and VOC MVEBs 
for the area for the years 2008 and 2030. MVEBs are the projected 
levels of controlled emissions from the transportation sector (mobile 
sources) that are estimated in the SIP to provide for maintenance of 
the ozone standard. The MVEBs were calculated using MOVES2014a. Table 8 
details Illinois' 2008 and 2030 MVEBs for the St. Louis area.

   Table 8--MVEBs for the St. Louis 1997 Annual PM2.5 Maintenance Plan
                               [tons/year]
------------------------------------------------------------------------
                Pollutant                    2008 MVEB       2030 MVEB
------------------------------------------------------------------------
PM2.5...................................          524.49          208.29
NOX.....................................       17,965.82        5,980.67
VOC.....................................        6,741.77        2,470.72
------------------------------------------------------------------------

    Illinois included ``safety margins'' as provided for in 40 CFR 
93.124(a). A ``safety margin'', as defined in the transportation 
conformity rule (40 CFR part 93, subpart A), is the amount by which the 
total projected emissions from all sources of a given pollutant are 
less than the total emissions that would satisfy the applicable 
requirement for reasonable further progress, attainment, or 
maintenance. The attainment level of PM2.5, NOX, 
and VOC emissions for the St. Louis area is shown in tables 3, 4, and 
6. Table 9 shows the remaining safety margin for the St. Louis area 
following the allocation to the PM2.5, NOX, and 
VOC MVEBs.

                  Table 9--2030 Safety Margin for St. Louis 2012 annual PM2.5 Maintenance Plan
                                                   [tons/year]
----------------------------------------------------------------------------------------------------------------
                                                                              Safety margin
                       Pollutant                            2030 Safety     allocated to 2030    Safety margin
                                                               margin              MVEB            remaining
----------------------------------------------------------------------------------------------------------------
PM2.5..................................................             720.74             104.05             616.69
NOX....................................................          16,299.94           2,996.29          13,233.65
VOC....................................................            2,996.3           1,067.76           1,928.54
----------------------------------------------------------------------------------------------------------------

    The 2008 actual and 2030 projected emissions, even with this 
allocation, will be below the 2008 attainment year emissions for 
PM2.5, NOX, and VOC. For this reason, EPA finds 
that the allocation of the safety margin to the MVEBs for the St. Louis 
area meet the requirements of the transportation conformity regulations 
at 40 CFR part 93,and are approvable. Once allocated to mobile sources, 
these portions of the safety margins will not be available for use by 
other sources.

[[Page 10469]]

6. Comprehensive Emissions Inventory for the St. Louis Area

    As discussed above, section 172(c)(3) of the CAA requires areas to 
submit a comprehensive emissions inventory including direct PM and all 
four precursors (SO2, NOX, VOCs, and ammonia). 
Actual emissions contained in the submittal cover the general source 
categories of point sources, area sources, onroad mobile sources, and 
nonroad mobile sources for the base attainment year of 2008.
    For this reason, EPA proposes to approve the emissions inventory as 
complete and accurate, and meets the requirement of CAA section 
172(c)(3).

V. What are the effects of EPA's actions?

    EPA is proposing to change the official designation of the St. 
Louis area for the 1997 annual PM2.5 NAAQS, found at 40 CFR 
part 81, from nonattainment to attainment. EPA is proposing to 
determine that the St. Louis area has attained the 1997 annual 
PM2.5 standard, based on the most recent three years of 
certified air quality data. This action also proposes to approve the 
maintenance plan for the 1997 annual PM2.5 NAAQS as 
revisions to the Illinois SIP for the St. Louis area. Also, the EPA 
proposes to approve the 2008 emissions inventory for the St. Louis area 
as well as the 2008 and 2030 MVEBs for the St. Louis area. These MVEBs 
will be used in future transportation conformity analyses for the area.
    In addition, if finalized, according to the Fine Particulate Matter 
National Ambient Air Quality Standards: State Implementation Plan 
Requirements (81 FR 58009, August 24, 2016), ``for an area that is 
redesignated to attainment after the effective date of this final rule, 
the 1997 primary annual PM2.5 NAAQS will be revoked in such 
an area on the effective date of its redesignation to attainment for 
that NAAQS. After revocation of the 1997 primary annual 
PM2.5 NAAQS in a given area, the designation for that 
standard is no longer in effect.''

VI. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA 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 required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application 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 Act 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, these actions:
     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).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Sulfur oxides.

40 CFR Part 81

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

    Dated: March 11, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-05285 Filed 3-20-19; 8:45 am]
 BILLING CODE 6560-50-P


