Rule2021-16883
Air Plan Approval; Illinois; 2008 Ozone Moderate VOC RACT for Chicago
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 13, 2021
Effective
September 13, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving volatile organic compound (VOC) reasonably available control technology (RACT) State Implementation Plan (SIP) revisions for the Illinois portion of the Chicago-Naperville, IL-IN-WI nonattainment area (Illinois portion) under the 2008 8-hour ozone National Ambient Air Quality Standard ("NAAQS" or "standard") submitted by the Illinois Environmental Protection Agency ("Illinois" or "Illinois EPA") on January 10, 2019 and supplemented on April 30, 2020. EPA is also approving the Stepan Co. construction permit submitted by Illinois on March 29, 2021 as a revision to the Illinois SIP. The Illinois portion consists of Cook, DuPage, Kane, Lake, McHenry, and Will Counties and portions of Grundy (Aux Sable and Goose Lake Townships) and Kendall (Oswego Township) Counties. These VOC RACT SIP submittals satisfy the moderate VOC RACT requirements of section 182(b)(2) of the Clean Air Act (CAA). EPA proposed to approve this action on May 7, 2021 and received no comments.
Full Text
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<title>Federal Register, Volume 86 Issue 154 (Friday, August 13, 2021)</title>
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[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Rules and Regulations]
[Pages 44616-44617]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16883]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2019-0031; FRL-8822-02-R5]
Air Plan Approval; Illinois; 2008 Ozone Moderate VOC RACT for
Chicago
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
volatile organic compound (VOC) reasonably available control technology
(RACT) State Implementation Plan (SIP) revisions for the Illinois
portion of the Chicago-Naperville, IL-IN-WI nonattainment area
(Illinois portion) under the 2008 8-hour ozone National Ambient Air
Quality Standard (``NAAQS'' or ``standard'') submitted by the Illinois
Environmental Protection Agency (``Illinois'' or ``Illinois EPA'') on
January 10, 2019 and supplemented on April 30, 2020. EPA is also
approving the Stepan Co. construction permit submitted by Illinois on
March 29, 2021 as a revision to the Illinois SIP. The Illinois portion
consists of Cook, DuPage, Kane, Lake, McHenry, and Will Counties and
portions of Grundy (Aux Sable and Goose Lake Townships) and Kendall
(Oswego Township) Counties. These VOC RACT SIP submittals satisfy the
moderate VOC RACT requirements of section 182(b)(2) of the Clean Air
Act (CAA). EPA proposed to approve this action on May 7, 2021 and
received no comments.
DATES: This final rule is effective on September 13, 2021.
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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 Katie Mullen,
Environmental Engineer, at (312) 353-3490 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Katie Mullen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-3490,
<a href="/cdn-cgi/l/email-protection#93dee6fffff6fdbdd8f2e7fbfff6f6fdd3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="723f071e1e171c5c3913061a1e17171c321702135c151d04">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On May 7, 2021, EPA proposed to approve VOC RACT SIP revisions for
the Illinois portion (86 FR 24569). 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
the proposed rule ended on June 7, 2021. EPA received no comments on
the proposal.
II. Final Action
EPA is approving negative declarations, a VOC RACT certification,
and the Stepan Co. construction permit submitted by Illinois as meeting
the CAA section 182(b)(2) moderate RACT requirements for the Illinois
portion under the 2008 8-hour ozone NAAQS.
III. 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 the Illinois
Source-Specific Requirements described in the amendments to 40 CFR part
52 set forth below. 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). 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 CAA as of the effective date of the final rulemaking of EPA's
approval, and will be
[[Page 44617]]
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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IV. 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).
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 12, 2021. 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, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds.
Dated: July 30, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, 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 (d) is amended by adding an
entry for ``Stepan Company Millsdale Plant'' after the entry for
``Solar Corporation, Libertyville, IL'' to read as follows:
Sec. 52.720 Identification of plan.
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(d) * * *
EPA Approved--Illinois Source-Specific Requirements
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Order/permit State
Name of source No. effective date EPA approval date Comments
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* * * * * * *
Stepan Company Millsdale Plant.... 197800AAE 10/30/2020 8/13/2021, [INSERT
Federal Register
CITATION].
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[FR Doc. 2021-16883 Filed 8-12-21; 8:45 am]
BILLING CODE 6560-50-P
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