[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Rules and Regulations]
[Pages 30828-30832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10821]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

[EPA-R05-OAR-2022-0137; FRL-9604-02-R5]


Air Plan Approval; Illinois; Redesignation of the Illinois 
Portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin Area to 
Attainment of the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) finds that the 
Illinois portion of the Chicago-Naperville, IL-IN-WI area (Chicago 
area) is attaining the 2008 ozone National Ambient Air Quality Standard 
(NAAQS or standard) and is acting in accordance with a January 25, 
2022, request from Illinois to redesignate the Illinois portion of the 
Chicago area to attainment for the 2008 ozone NAAQS because the request 
meets the statutory requirements for redesignation under the Clean Air 
Act (CAA). EPA is approving, as a revision to the Illinois State 
Implementation Plan (SIP), the State's plan for maintaining the 2008 
ozone NAAQS through 2035 in the Illinois portion of the Chicago area. 
EPA finds adequate and is approving the 2035 volatile organic compound 
(VOC) and oxides of nitrogen (NOX) motor vehicle emission 
budgets (budgets) for transportation conformity purposes for the 
Illinois portion of the Chicago area. Pursuant to section 110 and part 
D of the CAA, EPA is approving the VOC reasonably available control 
technology (RACT), Enhanced motor vehicle inspection and maintenance 
(I/M), clean-fuel vehicle programs (CFVP), and the enhanced monitoring 
of ozone and ozone precursors (EMP) SIP revisions submitted by 
Illinois, because they satisfy serious SIP requirements of the CAA for 
the Illinois portion of the Chicago area. Finally, EPA is approving a 
CAA section 182(f) waiver from NOX RACT requirements for the 
Illinois portion of the Chicago area under the 2008 ozone NAAQS.

DATES: This final rule is effective on May 20, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2022-0137. 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 Michael 
Leslie, Environmental Engineer at (312) 353-6680 before visiting the 
Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-6680, [email protected].

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

I. Background information

    On March 10, 2022 (87 FR 13668), EPA proposed to find that the 
Illinois portion of the Chicago area is attaining the 2008 ozone NAAQS 
and to act in accordance with a January 25, 2022, request from Illinois 
to redesignate the Illinois portion of the Chicago area to attainment 
for the 2008 ozone NAAQS because the request meets the statutory 
requirements for redesignation under the CAA. EPA proposed to approve, 
as a revision to the Illinois SIP, the State's plan for maintaining the 
2008 ozone NAAQS through 2035 in the Illinois portion of the Chicago 
area. EPA proposed to find adequate and approve the 2035 VOC and 
NOX motor vehicle emission budgets (budgets) for the 
Illinois portion of the Chicago area. Pursuant to section 110 and part 
D of the CAA, EPA proposed to approve the VOC RACT, Enhanced I/M, the 
CFVP, and the EMP SIP revisions submitted by Illinois, because they 
satisfy serious SIP requirements of the CAA for the Illinois portion of 
the Chicago area. Finally, EPA proposed to approve a CAA section 182(f) 
waiver from NOX RACT requirements for the Illinois portion 
of the Chicago area under the 2008 ozone NAAQS. An explanation of CAA 
requirements, a detailed analysis of how these requirements apply to 
the Illinois portion of the Chicago area, a discussion of how Illinois 
has met these requirements, and EPA's reasons for proposing these 
actions were provided in the notice of proposed rulemaking and will not 
be restated here.

II. Response to Public Comments

    EPA provided a 30-day review and comment period for the March 10, 
2022, proposed rule. The comment period ended on April 11, 2022. We 
received one adverse comment from the Wisconsin Department of Natural 
Resources (WDNR) on our proposed approval of the CAA section 182(f) 
waiver from NOX RACT requirements. The adverse comment is 
summarized and addressed below.

[[Page 30829]]

    Comment 1: WDNR requested that EPA not approve the NOX 
RACT waiver for the following reasons:
    Comment 1a: The commenter states that a NOX RACT program 
was required for the three-state Chicago-Naperville 2008 ozone 
nonattainment area by January 1, 2017, after the area was reclassified 
to moderate. While Illinois has a NOX program, it is not 
federally approved and does not fully meet all NOX RACT 
requirements.
    Response 1a: CAA section 182(f)(1)(A) provides that a state is not 
required to implement RACT for major stationary sources of 
NOX for nonattainment areas not within an ozone transport 
region if EPA determines ``that additional reductions of 
[NOX] would not contribute to attainment of the [NAAQS] for 
ozone in the area.'' The Illinois portion of the Chicago area is 
attaining the 2008 ozone NAAQS, based on the most recent certified 
monitoring data from the 2019-2021 period. It is EPA's longstanding 
interpretation, as stated in EPA's January 2005 document, ``Guidance on 
Limiting Nitrogen Oxides Requirements Related to 8-Hour Ozone 
Implementation,'' that when an ozone nonattainment area is attaining 
the ozone standard, as demonstrated by three consecutive years of 
adequate monitoring data, ``it is clear that the section 182(f)[(1)(A)] 
language is met since `additional reductions of oxides of nitrogen 
would not contribute to attainment.' That is, since attainment has 
already occurred, additional NOX reductions could not 
improve the area's attainment status and, therefore, the NOX 
exemption request could be approved.'' The NOX RACT waiver 
under consideration in this action was submitted by Illinois on January 
25, 2022, and is based on CAA section 182(f)(1)(A). This waiver can be 
approved because the area is attaining the 2008 ozone NAAQS, as 
demonstrated by the three years of clean monitoring data, and 
additional NOX reductions would not improve the area's 
attainment status.
    Comment 1b: The commenter states that the Chicago nonattainment 
area continues to struggle to meet Federal ozone standards, such as by 
failing to meet its August 3, 2021, marginal attainment date for the 
more stringent 2015 ozone standard. The commenter further states that 
EPA is overdue in meeting its statutory obligation to reclassify this 
area to moderate for the 2015 ozone standard, which was due within 6 
months of that attainment date. When the reclassification to moderate 
under the 2015 ozone standard is finalized, Illinois will be required 
to submit a NOX RACT program under the CAA. Given this 
forthcoming NOX RACT requirement, the commenter argues EPA's 
proposed approval to waive an emissions control requirement that will 
soon be reinstated by statute should not be granted.
    Response 1b: In this action, EPA is granting a NOX RACT 
waiver only for the 2008 ozone standard based on three years of clean 
monitoring data for that standard. A CAA section 182(f) NOX 
exemption granted for a prior ozone standard (in this case the 2008 
ozone standard) does not relieve the area from any CAA section 182(f) 
NOX obligations under the 2015 ozone NAAQS (see 40 CFR 
51.1313(c)). Therefore, potential future reclassification of the 
Chicago area under the 2015 ozone standard does not prevent EPA from 
approving the NOX RACT waiver for the 2008 ozone standard.
    Comment 1c: The commenter states that the CAA does not compel EPA 
to grant this waiver request and that the approval of the 
NOX waiver relies on EPA's 2005 guidance, in which EPA 
cautions that actions relying on the guidance might not be approvable 
in every situation. The commenter requests that EPA explain how it is 
appropriate to apply that guidance when the Chicago area remains in 
nonattainment for ozone and needs additional NOX emissions 
reductions in the area to meet all of the ozone standards.
    Response 1c: The Chicago area is attaining the 2008 ozone NAAQS, 
based on the most recent certified monitoring data from the 2019-2021 
period. In this action, EPA is granting a NOX RACT waiver 
only for the 2008 ozone standard because, as per the discussion above 
regarding the CAA section 182(f)(1)(A) and EPA's January 2005 document, 
the area qualifies for the NOX RACT waiver due to the 
achievement of three years of clean monitoring data. A CAA section 
182(f) NOX exemption granted for the 2008 ozone standard 
does not relieve the area from any CAA section 182(f) NOX 
obligations under the 2015 ozone NAAQS (see 40 CFR 51.1313(c)). 
Therefore, approval of a NOX RACT waiver only as it applies 
to the 2008 ozone NAAQS is appropriate.
    Comment 1d: The commenter states that EPA's recently released ozone 
transport modeling for the 2015 standard shows that Illinois 
significantly contributes to downwind nonattainment at several monitors 
along Wisconsin's Lake Michigan shoreline. Also, both the Sheboygan and 
Chicago nonattainment areas will continue to be nonattainment for the 
2015 ozone standard in 2032 based on EPA's ozone transport modeling. 
Given these modeling results, the commenter states that additional, 
timely reductions in ozone precursor emissions, including 
NOX, are needed to ensure attainment of the 2015 ozone 
standard throughout the region.
    Response 1d: The Illinois portion of the Chicago area is attaining 
the 2008 ozone NAAQS, based on the most recent certified monitoring 
data from the 2019-2021 period. In this action, EPA is finalizing our 
approval of the NOX RACT waiver only for the 2008 ozone 
standard because, as per the discussion above regarding CAA section 
182(f)(1)(A), the area is attaining the 2008 ozone NAAQS, as 
demonstrated by three consecutive years of clean monitoring data, and 
EPA's modeling indicates that the Illinois portion of the Chicago area 
will continue to attain the 2008 ozone NAAQS in the future. In this 
regard, further NOX reductions will not improve the area's 
ability to attain the 2008 ozone standard. In contrast, EPA's ozone 
transport modeling indicates that, barring further emissions 
reductions, this area will continue to have difficulty attaining or 
maintaining the 2015 ozone NAAQS in 2024 (the Moderate Area attainment 
date for the 2015 ozone NAAQS) and beyond. A CAA section 182(f) 
NOX exemption granted for the 2008 standard does not relieve 
the area from any CAA section 182(f) NOX obligations under 
the 2015 ozone NAAQS (see 40 CFR 51.1313(c)). If finalized, EPA's 
determination that the Chicago area failed to attain the 2015 ozone 
NAAQS by the attainment date and accompanying reclassification to 
Moderate would impose the CAA's NOX RACT requirements for 
the 2015 ozone standard.

III. Final Action

    EPA finds that the Illinois portion of the Chicago area is 
attaining the 2008 ozone NAAQS and is acting in accordance with a 
January 25, 2022, request from Illinois to redesignate the Illinois 
portion of the Chicago area to attainment for the 2008 ozone NAAQS 
because the request meets the statutory requirements for redesignation 
under the CAA. EPA is approving, as a revision to the Illinois SIP, the 
State's plan for maintaining the 2008 ozone NAAQS through 2035 in the 
Illinois portion of the Chicago area.
    EPA finds adequate and is approving the 2035 VOC and NOX 
motor vehicle emission budgets for use in transportation conformity 
determinations in the Illinois portion of the Chicago area. 
Specifically, EPA is finding adequate and approving the budgets for 
2035 as proposed (i.e., the last year of the maintenance plan) of 65

[[Page 30830]]

tons/day of VOCs and 110 tons/day of NOX).
    Pursuant to section 110 and part D of the CAA, EPA is also 
approving the VOC RACT, Enhanced I/M, CFVP, and the EMP SIP revisions 
submitted by Illinois, because they satisfy serious SIP requirements of 
the CAA for the Illinois portion of the Chicago area. Finally, EPA is 
approving a CAA section 182(f) waiver from NOX RACT 
requirements for the Illinois portion of the Chicago area under the 
2008 ozone NAAQS.
    In accordance with 5 U.S.C. 553(d) of the Administrative Procedure 
Act (APA), EPA finds there is good cause for this action to become 
effective immediately upon publication. The immediate effective date 
for this action is authorized under 5 U.S.C. 553(d)(1).
    Section 553(d)(1) of the APA provides that final rules shall not 
become effective until 30 days after publication in the Federal 
Register ``except . . . a substantive rule which grants or recognizes 
an exemption or relieves a restriction.'' The purpose of this provision 
is to ``give affected parties a reasonable time to adjust their 
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed. 
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United 
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting 
legislative history). However, when the agency grants or recognizes an 
exemption or relieves a restriction, affected parties do not need a 
reasonable time to adjust because the effect is not adverse. EPA has 
determined that this rule relieves a restriction because this rule 
relieves sources in the area of Nonattainment New Source Review (NNSR) 
permitting requirements; instead, upon the effective date of this 
action, sources will be subject to less restrictive Prevention of 
Significant Deterioration (PSD) permitting requirements. For this 
reason, EPA finds good cause under 5 U.S.C. 553(d)(1) for this action 
to become effective on the date of publication of this action.

IV. 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 these reasons, 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);
     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).
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 19, 2022. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

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

    Dated: May 16, 2022.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, E 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:
0
i. Under the heading ``Attainment and Maintenance Plans'' by adding an 
entry for ``Ozone (8-hour, 2008) redesignation and maintenance plan'' 
after the entry ``Ozone (8-hour, 2008) redesignation and maintenance 
plan'' for the St. Louis area; and
0
ii. Under the heading ``Moderate Area & Above Ozone Requirements'' by 
adding entries for ``2008 8-hour Ozone Serious Planning Elements'' and 
``2008 8-hour Ozone NOX RACT Waiver'' after

[[Page 30831]]

the entry ``2008 8-hour Ozone Non-CTG RACT Demonstration''.
    The additions read as follows:


Sec.  52.720   Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable          State
      Name of SIP provision            geographic or      submittal     EPA approval date         Comments
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Attainment and Maintenance Plans
 
                                                  * * * * * * *
Ozone (8-hour, 2008)               Chicago Area........      1/25/22  5/20/22, [INSERT
 redesignation and maintenance                                         FEDERAL REGISTER
 plan.                                                                 CITATION].
 
                                                  * * * * * * *
Moderate Area & Above Ozone
 Requirements
 
                                                  * * * * * * *
2008 8-hour Ozone Serious          Chicago Area........      1/25/22  5/20/22, [INSERT      2035 VOC and NO
 Planning Elements.                                                    FEDERAL REGISTER      motor vehicle
                                                                       CITATION].            emissions budgets,
                                                                                             VOC RACT
                                                                                             certification,
                                                                                             Enhanced Motor
                                                                                             Vehicle Inspection
                                                                                             and Maintenance
                                                                                             Program
                                                                                             certification,
                                                                                             clean-fuel vehicle
                                                                                             programs
                                                                                             certification,
                                                                                             enhanced monitoring
                                                                                             of ozone and ozone
                                                                                             precursors
                                                                                             certification.
2008 8-hour Ozone NO RACT Waiver.  Chicago Area........      1/25/22  5/20/22, [INSERT
                                                                       FEDERAL REGISTER
                                                                       CITATION].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

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 entry for ``Chicago-
Naperville, IL-IN-WI'' in the table entitled ``Illinois-2008 8-Hour 
Ozone NAAQS [Primary and secondary]'' to read as follows:


Sec.  81.314   Illinois.

* * * * *

                                        Illinois--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                               Designation                             Classification
       Designated area        ----------------------------------------------------------------------------------
                                     Date \1\                Type             Date \1\              Type
----------------------------------------------------------------------------------------------------------------
Chicago-Naperville, IL-IN-WI   May 20, 2022.......  Attainment...........  ..............  Serious.
 \2\.
    Cook County.
    DuPage County.
    Grundy County (part):
        Aux Sable Township.
        Goose Lake Township.
    Kane County.
    Kendall County (part):
        Oswego Township.
    Lake County.
    McHenry County.
    Will County.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.


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[FR Doc. 2022-10821 Filed 5-19-22; 8:45 am]
BILLING CODE 6560-50-P


