Proposed Rule2021-12832
Air Plan Approval; Illinois; National Ambient Air Quality Standards Updates; Reference and Equivalent Methods Updates
Primary source
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Published
June 21, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve several revisions to the Illinois State Implementation Plan (SIP). First, EPA is proposing to approve amendments to the Illinois SIP that incorporate by reference EPA's current national ambient air quality standard (NAAQS) for ozone, particulate matter, lead, nitrogen dioxide, and sulfur oxides. Second, EPA is proposing to approve revisions to the Illinois SIP that incorporate by reference current Federal Reference Methods (FRMs) for monitoring carbon monoxide, ozone, particulate matter, lead, nitrogen dioxide, and sulfur oxides. Third, EPA is proposing to approve an amendment to the Illinois SIP that reflects a recent update to EPA's List of Designated Reference and Equivalent Methods. Lastly, EPA is also proposing to approve minor revisions and corrections to the Illinois SIP.
Full Text
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<title>Federal Register, Volume 86 Issue 116 (Monday, June 21, 2021)</title>
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[Federal Register Volume 86, Number 116 (Monday, June 21, 2021)]
[Proposed Rules]
[Pages 32366-32369]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12832]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0544, EPA-R05-OAR-2021-0144; FRL-10024-94-Region 5]
Air Plan Approval; Illinois; National Ambient Air Quality
Standards Updates; Reference and Equivalent Methods Updates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve
[[Page 32367]]
several revisions to the Illinois State Implementation Plan (SIP).
First, EPA is proposing to approve amendments to the Illinois SIP that
incorporate by reference EPA's current national ambient air quality
standard (NAAQS) for ozone, particulate matter, lead, nitrogen dioxide,
and sulfur oxides. Second, EPA is proposing to approve revisions to the
Illinois SIP that incorporate by reference current Federal Reference
Methods (FRMs) for monitoring carbon monoxide, ozone, particulate
matter, lead, nitrogen dioxide, and sulfur oxides. Third, EPA is
proposing to approve an amendment to the Illinois SIP that reflects a
recent update to EPA's List of Designated Reference and Equivalent
Methods. Lastly, EPA is also proposing to approve minor revisions and
corrections to the Illinois SIP.
DATES: Comments must be received on or before July 21, 2021.
ADDRESSES: Submit your comments, identified by Docket ID Nos. EPA-R05-
OAR-2020-0544 and EPA-R05-OAR-2021-0144 at <a href="http://www.regulations.gov">http://www.regulations.gov</a>,
or via email to <a href="/cdn-cgi/l/email-protection#dfbdb3beb4b3baa6f1afbeb2bab3be9fbaafbef1b8b0a9"><span class="__cf_email__" data-cfemail="ee8c828f85828b97c09e8f838b828fae8b9e8fc0898198">[email protected]</span></a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. For either manner of submission, EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">http://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
<a href="/cdn-cgi/l/email-protection#4e232f272b3a3a2f602f203a262120370e2b3e2f60292138"><span class="__cf_email__" data-cfemail="a5c8c4ccc0d1d1c48bc4cbd1cdcacbdce5c0d5c48bc2cad3">[email protected]</span></a>. The EPA Region 5 office 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.
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. EPA's Analysis of the SIP Amendments
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On October 20, 2020 and February 16, 2021, the Illinois
Environmental Protection Agency (IEPA) requested that EPA approve
amendments to the Illinois SIP. The following sections of Title 35 of
the Illinois Administrative Code (IAC), Part 243, Subpart A: General
Provisions were amended: 243.101 Definitions, 243.102 Scope, 243.105
Air Quality Monitoring Data Influenced by Exceptional Events, 243.107
Reference Conditions, and 243.108 Incorporations by Reference. The SIP
revisions also amend the following sections of 35 IAC Part 243, Subpart
B: Standards and Measurement Methods: 243.120 PM<INF>10</INF> and
PM<INF>2.5</INF>; 243.122 Sulfur Oxides (Sulfur Dioxide); 243.123
Carbon Monoxide; 243.124 Nitrogen Oxides (Nitrogen Dioxide as
Indicator); and 243.126 Lead.
The Illinois Pollution Control Board (IPCB) adopted these SIP
amendments in four different state actions. Three of those actions,
R19-14 (July 1, 2018 through December 31, 2018), R20-3 (January 1, 2019
through June 30, 2019), and R20-11 (July 1, 2019 through December 31,
2019), were consolidated into a single docket by IPCB called R19-14/
R20-3/R20-11 (Consolidated) and a proposal of the consolidated
amendments was published in the Illinois Register on June 5, 2020. IPCB
held a public hearing on the consolidated rulemakings on July 16, 2020,
with remote access because of the coronavirus pandemic. A public
comment was received requesting clarification on a potential error in
the proposed amendment, and in response the error was recognized and
corrected by IPCB. A final notice of adopted amendments was published
in the Illinois Register on September 4, 2020 with an effective date of
August 18, 2020.
The proposed amendments contained in the fourth state action, R21-
1, were published in the Illinois Register on October 2, 2020. IPCB
held a public hearing on R21-1 on November 19, 2020, with remote access
because of the coronavirus pandemic. A public comment was received
requesting to add punctuation to an abbreviation contained in the
amended rules, and the request was responded to and fulfilled by the
IPCB. A final notice of adopted amendments was published in the
Illinois Register on January 4, 2021 with an effective date of December
17, 2020.
II. EPA's Analysis of the SIP Amendments
Section 10(H) of the Illinois Environmental Protection Act at
Chapter 415 of the Illinois Compiled Statutes directs IPCB to adopt
ambient air quality standards that are identical in substance to the
NAAQS promulgated by EPA. Illinois requested the amendments to 35 IAC
Part 243 be approved into the Illinois SIP to meet this state
requirement. The amendments contained in the October 20, 2020 and
February 16, 2021 submittals update the air quality standards, revise
FRMs, and provide corrections and grammatical revisions that increase
the clarity of the rules.
Amendments to 35 IAC 243.101
There were several amendments to 35 IAC 243.101 Definitions in the
February 16, 2021 submittal. Under the definitions of ``Exceptional
event'', ``Federal equivalent method'', and ``Federal reference
method'', the word ``which'' has been replaced with ``that''. In all
three cases, the revisions are grammar corrections and do not change
the meaning of the definitions but do help make these definitions
clearer to the reader and therefore are approvable.
Reference years for Code of Federal Regulations (CFR) citations
have been removed from the definition of ``Federal land manager'',
which is approvable because they do not affect the citations listed,
instead they will reference the most current edition of the CFR. The
definition of ``USEPA'' was revised to replace ``where'' with ``if''
when describing the use of ``USEPA'' in context of quoting EPA using
the word ``Administrator''. These revisions are approvable because they
simply correct grammar or make the definitions clearer.
Amendments to 35 IAC 243.102
In the February 16, 2021 submittal, paragraph (a) of 35 IAC 243.102
Scope contained amended language to make clearer that both Sections 7.2
and 10(H) of the Illinois Environmental Protection Act apply to 35 IAC
Part 243. The amendment is approvable because the previous wording did
not make clear that both Section 7.2 and Section 10(H) are in Chapter
415 of the Illinois
[[Page 32368]]
Compiled Statutes. In the Board Note at the end of this section, a 2012
reference year in a citation to 40 CFR 50.2 was removed. This is an
approvable amendment because it removes a specific edition year and
instead points the reader to the current edition of 40 CFR 50.2.
Amendments to 35 IAC 243.105
In the Board Note at the end of 35 IAC 243.105 Air Quality
Monitoring Data Influenced by Exceptional Events, a 2012 reference year
in a citation to 40 CFR 50.14 was removed, thereby indicating the
current edition of 40 CFR 50.14. 35 IAC 243.105(a) was revised to
improve the grammar of the description of an exceptional event. An
incorrect spelling of the word ``determination'' was corrected in 35
IAC 243.105(b). The grammar and spelling revisions are approvable
because they improve the clarity of the rules for the reader.
Amendments to 35 IAC 243.107
35 IAC 243.107 Reference Conditions was amended to correct a
notation of temperature by placing the degree symbol next to the number
of degrees indicated in the rule. This is approvable because it is
simply a correction. The Board Note at the end of this section was
amended to remove a reference year to a citation to 40 CFR 50.3. This
is approvable because it points the reader to the most current edition
of the CFR.
Amendments to 35 IAC 243.108
In the October 20, 2020 submittal, 35 IAC 243.108 Incorporations by
Reference was amended by removing the specific street address and
outdated telephone number for the Government Printing Office (GPO) in
Washington, DC. An updated telephone number and website have been
added. Since the amendment updates outdated information to make the
rule clear and current, it is acceptable.
Incorporations by reference for the following appendices to title
40, part 50 of the CFR have been amended in the October 20, 2020
submittal by changing the reference year of 2018 to 2019 in order to
reflect EPA actions taken to sections corresponding to each appendix in
2019. Illinois updated section 243.108 to incorporate by reference
appendices A-1, A-2, B, C, D, F, G, J, K, L, N, O, P, Q, R, S, T, and U
of 40 CFR part 50, to the 2019 edition of the CFR. Because the
amendments simply update the reference year for the incorporation of
the appendices to 2019, which was the latest version of the CFR
available at the time of Illinois' rule adoption, they are approvable.
In the October 20, 2020 submittal, Illinois also amended the
reference year to 2019 for incorporations by reference to 40 CFR 50
appendices H and I. However, in its subsequent February 16, 2021
submittal Illinois removed these two incorporations by reference.
Removal of these two incorporations by reference is acceptable because
they pertain to the 1979 and 1997 ozone NAAQS, which have been revoked
by EPA and references to these NAAQS have already been removed from the
Illinois SIP (80 FR 28835 and 82 FR 32771). Therefore, removal of
incorporations by reference to 40 CFR 50 appendices H and I from 35 IAC
243.108 from the Illinois SIP is approvable.
In the October 20, 2020 submittal, the incorporation by reference
of definitions contained in the Clean Air Act (CAA) was incorrectly
amended from 2016 to 2019. The February 16, 2021 submittal corrected
the reference date to 2018 in the state's rule, reflecting the correct
date of the latest CAA edition and Definitions section at 35 IAC
243.101. Those changes are approvable because they make clear the
correct version of the CAA edition as well as the correct state rule
that the definitions incorporated from the CAA apply to within
Illinois' rules (35 IAC 243.101). EPA proposes taking no action on the
October 20, 2020 submittal's amendment of this incorporation by
reference and proposes approval of the February 16, 2021 amendment for
the aforementioned reason.
In the February 16, 2021 submittal, a link to the GPO website was
amended to reflect the current <a href="http://www.govinfo.gov">www.govinfo.gov</a> address, which is
acceptable. As noted in the rule, the latest editions of EPA rules and
methods incorporated by reference in 35 IAC 243.108 can currently be
found at that web address.
In the October 20, 2020 submittal, the incorporation by reference
of EPA's List of Designated Reference and Equivalent Methods was
incorrectly amended for a reference year of June 15, 2018 to December
15, 2019. The February 16, 2021 submittal subsequently amended the
reference year to June 15, 2020 which is consistent with the most
current revision of the list at the time of the R21-1 final rulemaking.
EPA is taking no action on the October 20, 2020 amendment and proposing
to approve the subsequent February 16, 2021 amendment.
Amendments to 35 IAC 243.120
In the October 20, 2020 submittal, the Board Note at the end of 35
IAC 243.120 PM<INF>10</INF> and PM<INF>2.5</INF> \1\ subsection (a) was
amended to remove language referencing the 1997 primary annual
PM<INF>2.5</INF> NAAQS. Reference to the 1997 primary annual
PM<INF>2.5</INF> NAAQS was removed from 35 IAC 243.120(b).
Additionally, subsection (b)(4), which identified the St. Louis 1997
PM<INF>2.5</INF> nonattainment area, was removed. Subsection (c) was
revised to remove language referencing the 2006 primary annual
PM<INF>2.5</INF> NAAQS. Additionally, paragraph (c)(4), which
identified the St. Louis 2006 annual PM<INF>2.5</INF> nonattainment
area, was removed. The remainder of 35 IAC 243, including references to
the 1997 and 2006 secondary annual PM<INF>2.5</INF> NAAQS, was not
revised. The revisions to 35 IAC Part 243 are approvable because they
reflect EPA's revocation of the 1997 annual PM<INF>2.5</INF> NAAQS on
August 24, 2016 (81 FR 58010) and the subsequent redesignation of the
Illinois portion of the St. Louis area to attainment of the 1997 annual
PM<INF>2.5</INF> NAAQS on December 27, 2018 (83 FR 66631).
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\1\ PM<INF>10</INF> refers to particles with an aerodynamic
diameter of less than or equal to 10 micrometers. PM<INF>2.5</INF>
refers to particles with an aerodynamic diameter of less than or
equal to 2.5 micrometers, oftentimes referred to as ``fine''
particles.
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Revisions to 35 IAC Part 243.122
In the October 20, 2020 submittal, 35 IAC 243.122 Sulfur Oxides
(Sulfur Dioxide) was revised to remove applicability of the 1971
primary annual average and 24-hour NAAQS for sulfur dioxide
(SO<INF>2</INF>) for all areas in Illinois except for Macon County
because EPA has yet to promulgate the attainment status of Macon County
(83 FR 1098). This revision is approvable because EPA revoked the 1971
primary annual and 24-hour SO<INF>2</INF> NAAQS on June 22, 2010 (75 FR
35520).
Amendments to 35 IAC 243.123, 243.124, and 243.126
In the October 20, 2020 submittal, Illinois made a minor revision
to 35 IAC 243.123 Carbon Monoxide with a cleanup of language in the
Board Note within the section. Similar revisions were made to the Board
Notes within and at the ends of 35 IAC 243.124 Nitrogen Oxides
(Nitrogen Dioxide as Indicator) and 35 IAC 243.126 Lead. These
revisions condense the language and remove the reference date to a CFR
citation in each section's Board Note. The revisions are approvable
because they make clearer to the reader where the regulatory content of
the sections come from and direct the reader to the most current
edition of the CFR.
[[Page 32369]]
III. What action is EPA taking?
EPA is proposing to approve the October 20, 2020 submittal, except
for 35 IAC 243.108, and the February 16, 2021 submittal, in its
entirety.
IV. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the following rules in Part 243 of the Illinois
Administrative Code: Rules 243.120, 243.122, 243.123, 243.124, and
243.126, effective August 18, 2020, and Rules 243.101, 243.102,
243.105, 243.107, and 243.108, effective December 17, 2020, discussed
in section II of this preamble. EPA has made, and will continue to
make, these documents generally available through <a href="http://www.regulations.gov">www.regulations.gov</a>
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).
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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 14, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-12832 Filed 6-17-21; 4:15 pm]
BILLING CODE 6560-50-P
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