[Federal Register Volume 85, Number 161 (Wednesday, August 19, 2020)]
[Rules and Regulations]
[Pages 50955-50957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16246]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0031; FRL-10011-75-Region 5]


Air Plan Approval; Illinois; Plan Elements for the Chicago 
Nonattainment Area for the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Illinois State Implementation Plan (SIP) to meet the 
base year emissions inventory and motor vehicle inspection and 
maintenance (I/M) requirements of the Clean Air Act (CAA) for the 
Illinois portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin 
area (Chicago area) for the 2008 ozone national ambient air quality 
standard (NAAQS or standard). EPA is approving the State's submission 
as a SIP revision pursuant to section 110 and part D of the CAA and 
EPA's regulations because it satisfies the emissions inventory and I/M 
requirements for areas classified as moderate nonattainment for the 
2008 ozone NAAQS. Final approval of the Illinois SIP as meeting the I/M 
requirements of the CAA for the 2008 ozone NAAQS permanently stops the 
Federal Implementation Plan (FIP) clock for that element, which was 
triggered by EPA's December 11, 2017 finding that Illinois failed to 
submit certain required SIP elements for the 2008 ozone NAAQS. EPA 
proposed to approve this action on April 23, 2020 and received no 
adverse comments on the emissions inventory and I/M SIP elements.

DATES: This final rule is effective on September 18, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2019-0031. 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 and facility 
closures due to COVID 19. We recommend that you telephone Kathleen 
D'Agostino, Environmental Scientist, at (312) 886-1767 before visiting 
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Scientist, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), U.S. Environmental

[[Page 50956]]

Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-1767, dagostino.kathleen@epa.gov.

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

I. Background Information

    On April 23, 2020 (85 FR 22693), EPA proposed to approve revisions 
to the Illinois SIP to meet the base year emissions inventory, motor 
vehicle I/M, reasonable further progress (RFP), and RFP contingency 
measures requirements of the CAA for the Illinois portion of the 
Chicago area for the 2008 ozone NAAQS. EPA also proposed to approve the 
2017 transportation conformity motor vehicle emissions budgets (MVEBs) 
for the Illinois portion of the Chicago area for the 2008 ozone NAAQS. 
An explanation of the CAA requirements, a detailed analysis of the 
revisions, and EPA's reasons for proposing approval were provided in 
the notice of proposed rulemaking and will not be restated here. The 
public comment period for this proposed rule ended on May 26, 2020. EPA 
received no comments on the emissions inventory and I/M portions of the 
proposal. Therefore, we are finalizing our action on those plan 
elements as proposed. EPA received adverse comments on the portions of 
the proposal relating to the RFP plan, RFP contingency measures, and 
the related MVEBs. EPA will be addressing these plan elements and the 
associated comments in a separate action.

II. Final Action

    EPA is approving revisions to the Illinois SIP pursuant to section 
110 and part D of the CAA and EPA's regulations because the Illinois 
Environmental Protection Agency's (IEPA's) January 10, 2019, SIP plan 
submission satisfies the emissions inventory and I/M requirements of 
the CAA for the Illinois portion of the Chicago area for the 2008 ozone 
NAAQS. Final approval of these portions of IEPA's January 10, 2019 SIP 
revision permanently stops the FIP clock triggered by the December 11, 
2017 finding with respect to a basic I/M program. Final approval of 
these portions of IEPA's submittal will not affect the FIP clocks 
triggered by the December 11, 2017 finding for the following SIP 
elements: RFP, contingency measures for volatile organic compounds 
(VOC) and oxides of nitrogen (NOX), an attainment 
demonstration, Reasonably Available Control Technology (RACT) non-
control techniques guidelines for major stationary sources of VOC, and 
RACT for major stationary sources of NOX.

III. 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 October 19, 2020. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Volatile organic compounds.

    Dated: July 22, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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:

[[Page 50957]]

0
a. Under ``Emission Inventories'' by:
0
i. Revising the entry for ``Emission inventory--2011 (2008 8-hour 
ozone)'' to remove the ``Chicago area'';
0
ii. Adding a second entry for ``Emission inventory--2011 (2008 8-hour 
ozone)'' for the ``Chicago area'';
0
b. Under ``Moderate Area & Above Ozone Requirements'' by adding an 
entry for ``I/M certification (8-hour, 2008 ozone)'' following the 
entry for ``15 percent rate-of-progress and 3 percent contingency 
plans''.
    The revisions and 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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                                                  * * * * * * *
Emission inventory--2011 (2008 8-  St. Louis area......     9/3/2014  3/7/2016, 81 FR       ....................
 hour ozone).                                                          11671.
Emission inventory--2011 (2008 8-  Chicago area........    1/10/2019  8/19/2020, [Insert    ....................
 hour ozone).                                                          Federal Register
                                                                       citation].
 
                                                  * * * * * * *
I/M certification (8-hour, 2008    Chicago area........    1/10/2019  8/19/2020, [Insert    ....................
 ozone).                                                               Federal Register
                                                                       citation].
 
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[FR Doc. 2020-16246 Filed 8-18-20; 8:45 am]
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