[Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Rules and Regulations]
[Pages 34448-34449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11357]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0744; FRL-10682-02-R5]


Air Plan Approval; Illinois; Second Maintenance Plan for 1997 
Ozone NAAQS; Jersey County Portion of St. Louis Missouri-Illinois Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, as a 
revision to the Illinois State Implementation Plan (SIP), the state's 
plan for maintaining the 1997 ozone National Ambient Air Quality 
Standard (NAAQS or standard) through 2032 in St. Louis, MO-IL area. The 
original St. Louis nonattainment area for the 1997 ozone standard 
included Jersey, Madison, Monroe and St. Clair Counties in Illinois and 
Franklin, Jefferson, St. Charles and St. Louis Counties and St. Louis 
City in Missouri. The SIP, submitted by the Illinois Environmental 
Protection Agency (IEPA) on August 24, 2022, addresses the second 
maintenance plan required for Jersey County, Illinois. EPA proposed to 
approve this action on March 14, 2023 and received no adverse comments.

DATES: This final rule is effective on June 29, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2022-0744. 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 at (312) 886-1767 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Attainment 
Planning and Maintenance Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-1767, [email protected].

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

I. Background Information

    On March 14, 2023, EPA proposed to approve Illinois' plan for 
maintaining the 1997 ozone NAAQS through 2032 in the St. Louis Area (88 
FR 15629). An explanation of the Clean Air Act (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 April 13, 2023. EPA received no comments on the proposal.

II. Final Action

    EPA is approving the Jersey County second maintenance plan for the 
1997 ozone NAAQS, submitted by IEPA on August 24, 2022, as a revision 
to the Illinois SIP. The second maintenance plan is designed to keep 
the St. Louis area in attainment of the 1997 ozone NAAQS through 2032.

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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial.

[[Page 34449]]

    IEPA did not evaluate environmental justice considerations as part 
of its SIP submittal; the CAA and applicable implementing regulations 
neither prohibit nor require such an evaluation. EPA did not perform an 
EJ analysis and did not consider EJ in this action. Due to the nature 
of the action being taken here, this action is expected to have a 
neutral to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    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 31, 2023. 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: May 23, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 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 (e) is amended under the 
heading ``Attainment and Maintenance Plans'' by adding an entry for 
``Ozone (8-hour, 1997) second maintenance plan'' before the entry for 
``Ozone (8-hour, 2008) Determination of Attainment'' to read as 
follows:
    (e) * * *

                                           EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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                                                                                 State
        Name of SIP provision         Applicable geographic or nonattainment   submittal      EPA approval date                   Comments
                                                       area                       date
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                                                                      * * * * * * *
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                                                            Attainment and Maintenance Plans
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                                                                      * * * * * * *
Ozone (8-hour, 1997) second           St. Louis area........................    8/24/2022  5/30/2023, [insert      Jersey County only.
 maintenance plan.                                                                          Federal Register
                                                                                            citation].
 
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[FR Doc. 2023-11357 Filed 5-26-23; 8:45 am]
BILLING CODE 6560-50-P


