Rule2021-21188
Air Plan Approval; Illinois; National Ambient Air Quality Standards Updates; Reference and Equivalent Methods Updates
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
October 4, 2021
Effective
November 3, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving several revisions to the Illinois State Implementation Plan (SIP). First, EPA is approving amendments to the Illinois SIP that incorporate by reference EPA's current national ambient air quality standard for ozone, particulate matter, lead, nitrogen dioxide, and sulfur oxides. Second, EPA is approving revisions to the Illinois SIP that incorporate by reference current Federal Reference Methods for monitoring carbon monoxide, ozone, particulate matter, lead, nitrogen dioxide, and sulfur oxides. Third, EPA is approving an amendment to the Illinois SIP that reflects a recent update to EPA's List of Designated Reference and Equivalent Methods. Lastly, EPA is approving minor revisions and corrections to the Illinois SIP.
Full Text
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<title>Federal Register, Volume 86 Issue 189 (Monday, October 4, 2021)</title>
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[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54626-54628]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21188]
[[Page 54626]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0544, EPA-R05-OAR-2021-0144; FRL-90003-02-R5]
Air Plan Approval; Illinois; National Ambient Air Quality
Standards Updates; Reference and Equivalent Methods Updates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving several
revisions to the Illinois State Implementation Plan (SIP). First, EPA
is approving amendments to the Illinois SIP that incorporate by
reference EPA's current national ambient air quality standard for
ozone, particulate matter, lead, nitrogen dioxide, and sulfur oxides.
Second, EPA is approving revisions to the Illinois SIP that incorporate
by reference current Federal Reference Methods for monitoring carbon
monoxide, ozone, particulate matter, lead, nitrogen dioxide, and sulfur
oxides. Third, EPA is approving an amendment to the Illinois SIP that
reflects a recent update to EPA's List of Designated Reference and
Equivalent Methods. Lastly, EPA is approving minor revisions and
corrections to the Illinois SIP.
DATES: This final rule is effective on November 3, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2020-0544 and EPA-R05-OAR-2021-0144. 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 Anthony Maietta, Environmental Protection
Specialist, at (312) 353-8777 before visiting the Region 5 office.
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#84e9e5ede1f0f0e5aae5eaf0ecebeafdc4e1f4e5aae3ebf2"><span class="__cf_email__" data-cfemail="f598949c90818194db949b819d9a9b8cb5908594db929a83">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information.
On June 21, 2021, EPA proposed to approve revisions to several
sections of Title 35 of the Illinois Administrative Code, Part 243 (35
IAC 243), Subparts A (``General Provisions'') and B (``Standards and
Measurement Methods'') requested by the Illinois Environmental
Protection Agency on October 20, 2020 and February 16, 2021. See 86 FR
32366. An explanation of the applicable 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 rulemaking ended on July 21, 2021. EPA did not receive
any comments on the proposal. Therefore, we are finalizing our action
as proposed.
II. What action is EPA taking?
EPA is approving the revisions to 35 IAC 243 as outlined in
Illinois' October 20, 2020 submittal, except for 35 IAC 243.108. EPA is
also approving the revisions to 35 IAC 243 as outlined in Illinois'
February 16, 2021 submittal.
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 of the Illinois
Regulations 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 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 (Public Law 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).
[[Page 54627]]
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 December 3, 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 CAA section 307(b)(2).)
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: September 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA amends title 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 (c) is amended under the
heading ``Subchapter I: Air Quality Standards and Episodes'' ``Part
243: Air Quality Standards'' by:
0
A. Under the heading ``Subpart A: General Provisions'':
0
1. Revising the entries for 243.101, 243.105, 243.107, and 243.108;
0
2. Adding an entry for 243.102; and
0
B. Under the heading ``Subpart B: Standards and Measurement Methods''
adding entries for 243.120, 243.122, 243.123, 243.124, and 243.126.
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Illinois Regulations and Statutes
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State EPA approval
Illinois citation Title/subject effective date date Comments
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* * * * * * *
Subchapter I: Air Quality Standards and Episodes
Part 243: Air Quality Standards
Subpart A: General Provisions
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243.101....................... Definitions...... 12/17/2020 10/4/2021, ...........................
[INSERT FEDERAL
REGISTER
CITATION].
243.102....................... Scope............ 12/17/2020 10/4/2021, ...........................
[INSERT FEDERAL
REGISTER
CITATION].
* * * * * * *
243.105....................... Air Quality 12/17/2020 10/4/2021, ...........................
Monitoring Data [INSERT FEDERAL
Influenced by REGISTER
Exceptional CITATION].
Events.
* * * * * * *
243.107....................... Reference 12/17/2020 10/4/2021, ...........................
Conditions. [INSERT FEDERAL
REGISTER
CITATION].
243.108....................... Incorporation by 12/17/2020 10/4/2021, ...........................
Reference. [INSERT FEDERAL
REGISTER
CITATION].
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Subpart B: Standards and Measurement Methods
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243.120....................... PM10 and PM2.5... 8/18/2020 10/4/2021, ...........................
[INSERT FEDERAL
REGISTER
CITATION].
243.122....................... Sulfur Oxides 8/18/2020 10/4/2021, ...........................
(Sulfur Dioxide). [INSERT FEDERAL
REGISTER
CITATION].
243.123....................... Carbon Monoxide.. 8/18/2020 10/4/2021, ...........................
[INSERT FEDERAL
REGISTER
CITATION].
243.124....................... Nitrogen Oxides 8/18/2020 10/4/2021, ...........................
(Nitrogen [INSERT FEDERAL
Dioxide as REGISTER
Indicator). CITATION].
[[Page 54628]]
* * * * * * *
243.126....................... Lead............. 8/18/2020 10/4/2021, ...........................
[INSERT FEDERAL
REGISTER
CITATION].
* * * * * * *
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[FR Doc. 2021-21188 Filed 10-1-21; 8:45 am]
BILLING CODE 6560-50-P
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