[Federal Register Volume 84, Number 214 (Tuesday, November 5, 2019)]
[Rules and Regulations]
[Pages 59527-59529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24068]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0331; FRL-10001-88-Region 5]


Air Plan Approval; Illinois; NAAQS Update

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). The revision, 
submitted on May 30, 2019, incorporates several revisions to the 
Illinois air pollution control rules entitled ``Part 243--Ambient Air 
Quality Standards'' related to the National Ambient Air Quality 
Standards (NAAQS). The revision updates the ``List of Designated 
Reference and Equivalent Methods'' in response to EPA rulemakings. In 
addition, Illinois addresses EPA's revocation of the 1971 sulfur 
dioxide and the 1978 lead NAAQS.

DATES: This final rule is effective on December 5, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2019-0331. 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 Charles Hatten, Environmental Engineer, at (312) 
886-6031 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, hatten.charles@epa.gov.

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

I. What is being addressed in this document?

    This rule acts on the May 30, 2019, request from the Illinois 
Environmental Protection Agency to incorporate revisions to Title 35 of 
the Illinois Administrative Code, Part 243--Air Quality Standards (Part 
243). The background for today's action is discussed in detail in EPA's 
proposal, dated August 15, 2019 (84 FR 41672).

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

    EPA provided a 30-day review and comment period for the August 15, 
2019 proposed rule. The comment period ended on September 16, 2019. We 
received no adverse comments on the proposed rule.
    EPA did, however, receive one anonymous comment. The commenter was 
unable to access the submission materials for the Illinois 2018 NAAQS 
Update, R19-6, through the online docket at www.regulations.gov, and

[[Page 59528]]

therefore suggested the comment period be extended another 30 days. 
According to the document information on www.regulations.gov, the 
submission materials were posted on September 11, 2019. The comment was 
posted on September 17, 2019. EPA's August 15, 2019 proposed rule 
included contact information for the EPA Region 5 office, which could 
have assisted the commenter with accessing or receiving the submission 
materials, but EPA has no record of the commenter making such contact. 
Furthermore, since the commenter did not explain (or provide a legal 
basis for) how the final rule should differ in any way from the 
proposed action, and made no specific mention of the substantive 
aspects of the proposed action, the comment is not germane to this 
rulemaking. Therefore, EPA will not extend comment period for another 
30 days.

III. What action is EPA taking?

    EPA is approving a revision to Part 243 of the Illinois SIP.

IV. 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 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 SIP, 
have been incorporated by reference by EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the Clean Air Act 
(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.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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V. 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 expected to be an Executive Order 13771 (82 FR 
9339, February 2, 2017) regulatory action because this action is not 
significant 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 January 6, 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) of the CAA.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides, Volatile organic compounds.

    Dated: October 24, 2019.
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. In Sec.  52.720, the table in paragraph (c) is amended by revising 
the entries ``243.108'', ``243.120'', ``243.122'', ``243.125'', and 
``243.126'' to read as follows:


Sec.  52.720  Identification of plan.

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    (c) * * *

[[Page 59529]]



                                                     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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                                                    Subchapter I: Air Quality Standards and Episodes
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                                                             Part 243: Air Quality Standards
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                                                              Subpart A: General Provisions
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                                                                      * * * * * * *
243.108..........................................  Incorporation by               2/19/2019  11/5/2019, [insert Federal
                                                    Reference.                                Register citation].
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                                                          Subpart B: Standards and Measurements
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243.120..........................................  PM10 and PM2.5..........       2/19/2019  11/5/2019, [insert Federal
                                                                                              Register citation].
243.122..........................................  Sulfur Oxides (Sulfur          2/19/2019  11/5/2019, [insert Federal
                                                    Dioxide).                                 Register citation].
 
                                                                      * * * * * * *
243.125..........................................  Ozone...................       2/19/2019  11/5/2019, [insert Federal
                                                                                              Register citation].
243.126..........................................  Lead....................       2/19/2019  11/5/2019, [insert Federal
                                                                                              Register citation].
 
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[FR Doc. 2019-24068 Filed 11-4-19; 8:45 am]
 BILLING CODE 6560-50-P


