[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Rules and Regulations]
[Pages 24395-24398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10970]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

[EPA-R05-OAR-2018-0842; FRL-9994-11-Region 5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is redesignating the 
Illinois portion of the St. Louis, MO-IL, nonattainment area 
(hereafter, ``the 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 approving 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 emissions inventory, which includes 
emissions inventories for PM2.5, nitrogen oxides 
(NOX), sulfur dioxide (SO2) 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 NOX to the St. Louis 
PM2.5 area for transportation conformity purposes. EPA is 
approving and updating both the emissions inventory and MVEBs. EPA is 
taking these actions in accordance with the Clean Air Act (CAA) and 
EPA's implementation rule regarding the 1997 PM2.5 NAAQS.

DATES: This final rule is effective on May 28, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0842. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays. We recommend 
that you telephone Michelle Becker, Life Scientist, at (312) 886-3901 
before visiting the Region 5 office.

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. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. Background

    On December 6, 2018, Illinois submitted a request to EPA to 
redesignate the St. Louis area to attainment for the 1997 
PM2.5 annual standard, and to approve the maintenance plan, 
MVEBs, and 2008 emissions inventory for the area. In an action 
published on March 21, 2019 (84 FR 10461), EPA proposed to redesignate 
the area and approve several actions related to the redesignation. 
Additional background and details regarding this final action can be 
found in the March 21, 2019, proposed rule. The comment period for this 
proposed rulemaking closed on April 22, 2019. No comments were received 
for this proposed rule.

II. What action is EPA taking?

    EPA is approving a change to 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 approving a 
determination 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 approves the maintenance 
plan for the 1997 annual PM2.5 NAAQS as revision to the 
Illinois SIP for the St. Louis area. EPA is also approving an emissions 
inventory which includes primary PM2.5, NOX, 
SO2, VOCs, and ammonia from 2008 and MVEBs for the St. Louis 
area. These MVEBs will be used in future transportation conformity 
analyses for the area.
    In The Fine Particulate Matter National Ambient Air Quality 
Standards: State Implementation Plan Requirements final rule (final 
PM2.5 SIP requirements rule), EPA revoked the 1997 primary 
annual PM2.5 NAAQS in areas that had always been attainment

[[Page 24396]]

for that NAAQS, and in areas that had been designated as nonattainment 
but that were redesignated to attainment before October 24, 2016, the 
rule's effective date. See 81 FR 58010, August 24, 2016. EPA also 
finalized a provision that revokes the 1997 primary annual 
PM2.5 NAAQS in areas that are redesignated to attainment for 
that NAAQS after October 24, 2016, effective on the effective date of 
the redesignation of the area to attainment for that NAAQS. See 40 CFR 
50.13(d).
    EPA is redesignating the Illinois portion of the St. Louis area to 
attainment for the 1997 annual PM2.5 NAAQS and approving the 
CAA section 175A maintenance plan for the 1997 primary annual 
PM2.5 NAAQS for the reasons described in the March 21, 2019, 
proposed action.\1\ The 1997 primary annual PM2.5 NAAQS will 
be revoked in the area on the effective date of this redesignation. 
Beginning on that date, the area will no longer be subject to 
transportation or general conformity requirements for the 1997 annual 
PM2.5 NAAQS due to the revocation of the primary NAAQS. See 
81 FR 58125, August 24, 2016. The area will be required to implement 
the CAA section 175A maintenance plan for the 1997 primary annual 
PM2.5 NAAQS and the Prevention of Significant Deterioration 
(PSD) program for the 1997 annual PM2.5 NAAQS. Once 
approved, the maintenance plan could only be revised if the revision 
meets the requirements of CAA section 110(l) and, if applicable, CAA 
section 193. The area would not be required to submit a second 10-year 
maintenance plan for the 1997 primary annual PM2.5 NAAQS. 
See 81 FR 58144, August 24, 2016.
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    \1\ CAA section 175A(a) establishes the requirements that must 
be fulfilled by nonattainment areas in order to be redesignated to 
attainment. That section only requires that nonattainment areas for 
the primary standard submit a plan addressing maintenance of the 
primary NAAQS in order to be redesignated to attainment; it does not 
require nonattainment areas for secondary NAAQS to submit 
maintenance plans in order to be redesignated to attainment. See 42 
U.S.C. 7505a(a).
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    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 rulemaking, however, does not create any new regulatory 
requirements such that affected parties would need time to prepare 
before the rule takes effect. Rather, today's rule relieves the state 
of planning requirements for this PM2.5 nonattainment area. 
For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for 
these actions to become effective on the date of publication of these 
actions.

III. 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, 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 July 29, 2019. Filing a petition for 
reconsideration by the Administrator

[[Page 24397]]

of this final rule does not affect the finality of this action for the 
purposes of judicial review nor does it extend the time within which a 
petition for judicial review may be filed, and shall not postpone the 
effectiveness of such rule or action. This action may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

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

    Dated: May 14, 2019.
Cathy Stepp,
Regional Administrator, Region 5.

    Title 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:
0
a. Adding an entry under ``Attainment and Maintenance Plans'' for 
``PM2.5 (1997)-maintenance plan and motor vehicle emissions 
budgets'' before the entry ``Sulfur dioxide (2010) nonattainment 
plans''.
0
b. Adding an entry under ``Emissions inventories'' for ``Emissions 
inventories--2008 (NOX, primary PM2.5, 
SO2, ammonia, and VOC)'' before the entry ``Emission 
inventory--2011 (2008 8-hour ozone).''
    The additions read as follows:


Sec.  52.720   Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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                                        Applicable          State
      Name of SIP provision            geographic or      submittal     EPA approval date         Comments
                                    nonattainment area       date
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                                                  * * * * * * *
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                                        Attainment and Maintenance Plans
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                                                  * * * * * * *
PM2.5 (1997)--maintenance plan     St. Louis area......    12/6/2018  5/28/2019, [Insert
 and motor vehicle emissions                                           Federal Register
 budgets.                                                              citation].
 
                                                  * * * * * * *
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                                              Emissions Inventories
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                                                  * * * * * * *
Emissions inventories--2008 (NOX,  St. Louis area......    12/6/2018  5/28/2019, [Insert
 primary PM2.5, SO2, ammonia, and                                      Federal Register
 VOC).                                                                 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 entries for St. Louis, MO-
IL in the table entitled ``Illinois--1997 Annual PM2.5 
NAAQS'' to read as follows:


Sec.  81.314   Illinois.

* * * * *

                                        Illinois--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
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                                                    Designation \a\                       Classification
           Designated area           ---------------------------------------------------------------------------
                                         Date \1\                Type                Date \2\          Type
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                                                  * * * * * * *
St. Louis, MO-IL:
    Madison County..................       5/28/2019  Attainment................  ..............  ..............
    Monroe County...................       5/28/2019  Attainment................  ..............  ..............
    Randolph County (part): Baldwin        5/28/2019  Attainment................  ..............  ..............
     Village.
    St. Clair County................       5/28/2019  Attainment................  ..............  ..............
 

[[Page 24398]]

 
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

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[FR Doc. 2019-10970 Filed 5-24-19; 8:45 am]
 BILLING CODE 6560-50-P


