Rule2021-26138
Air Plan Approval; Illinois; 2008 Ozone Moderate VOC RACT for Chicago; Correction
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
December 3, 2021
Effective
December 3, 2021
Issuing agencies
Environmental Protection Agency
Abstract
This action corrects codification errors in the Illinois State Implementation Plan (SIP) regarding the moderate volatile organic compound (VOC) reasonably available control technology (RACT) requirements of the Clean Air Act (CAA) for the 2008 Ozone National Ambient Air Quality Standards (NAAQS).
Full Text
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<title>Federal Register, Volume 86 Issue 230 (Friday, December 3, 2021)</title>
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[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Rules and Regulations]
[Pages 68568-68569]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26138]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2019-0031; FRL-8822-03-R5]
Air Plan Approval; Illinois; 2008 Ozone Moderate VOC RACT for
Chicago; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
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SUMMARY: This action corrects codification errors in the Illinois State
Implementation Plan (SIP) regarding the moderate volatile organic
compound (VOC) reasonably available control technology (RACT)
requirements of the Clean Air Act (CAA) for the 2008 Ozone National
Ambient Air Quality Standards (NAAQS).
DATES: Effective Date: This final rule is effective on December 3,
2021.
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#3e534b52525b5010555f4a56525b5b507e5b4e5f10595148"><span class="__cf_email__" data-cfemail="513c243d3d343f7f3a3025393d34343f113421307f363e27">[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: On August 13, 2021, the Environmental
Protection Agency (EPA) made inadvertent codification errors when it
approved elements of a SIP submission from Illinois regarding the VOC
RACT requirements of CAA section 182(b)(2) for the 2008 ozone NAAQS. In
the final rule published in the Federal Register on August 13, 2021 (86
FR 44616), on page 44617, EPA correctly added an entry to the table
entitled ``EPA Approved--Illinois Source-Specific Requirements'', but
mistakenly omitted instructions to add entries to the table entitled
``EPA-Approved Illinois Nonregulatory and Quasi-Regulatory
Provisions.'' In Sec. 52.720, the table in paragraph (e) should also
have been amended under the heading ``Moderate Area & Above Ozone
Requirements'' by adding the following entries: ``2008 8-hour Ozone
Negative Declarations'', ``2008 8-hour Ozone Section 182(b)(2) VOC RACT
Rules Certification'', and ``2008 8-hour Ozone Non-CTG RACT
Demonstration''.
This action amends the regulatory text to correct these errors.
Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(B),
provides that, when an agency for good cause finds that notice and
public procedure are impracticable, unnecessary or contrary to the
public interest, the agency may issue a rule without providing notice
and an opportunity for public comment. We have determined that there is
good cause for making this rule final without prior proposal and
opportunity for comment because we are merely correcting an incorrect
citation in a previous action. Thus, notice and public procedure are
unnecessary. We find that this constitutes good cause under 5 U.S.C.
553(b)(B).
Statutory and Executive Order Reviews
Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a ``significant regulatory action'' and is therefore
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to E.O. 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001). Because the agency
has made a ``good cause'' finding that this action is not subject to
notice-and-comment requirements under the Administrative Procedures Act
or any other statute as indicated in the Supplementary Information
section above, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or
to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104-4). In addition, this action does not significantly
or uniquely affect small governments or impose a significant
intergovernmental mandate, as described in sections 203 and 204 of
UMRA. 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 E.O. 13175 (65 FR 67249, November 9, 2000). This rule will
not have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of governments,
as specified by E.O. 13132 (64 FR 43255, August 10, 1999). This rule
also is not subject to E.O. 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant.
This technical correction action does not involve technical
standards; thus the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. The rule also does not involve special consideration of
environmental justice related issues as required by E.O. 12898 (59 FR
7629, February 16, 1994). In issuing this rule, EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct, as required by section 3 of E.O. 12988 (61 FR 4729, February
7, 1996). EPA has complied with E.O. 12630 (53 FR 8859, March 15, 1998)
by examining the takings implications of the rule in accordance with
the ``Attorney General's Supplemental Guidelines for the Evaluation of
Risk and Avoidance of Unanticipated Takings'' issued under the
executive
[[Page 68569]]
order. This rule does not impose an information collection burden under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA had made such a good cause finding, including
the reasons therefore, and established an effective date of December 3,
2021. EPA will submit a report containing this rule 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. This correction to 40 CFR 52 for
Illinois is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Dated: November 24, 2021.
Debra Shore,
Regional Administrator, Region 5.
Accordingly, 40 CFR part 52 is corrected by making the following
correcting amendments:
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 ``Moderate Area & Above Ozone Requirements'' by adding entries
for ``2008 8-hour Ozone Negative Declarations'', ``2008 8-hour Ozone
Section 182(b)(2) VOC RACT Rules Certification'', and ``2008 8-hour
Ozone Non-CTG RACT Demonstration'' immediately following the entry for
``Negative declaration--Shipbuilding and ship repair industry'' to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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Applicable
geographical or State submittal
Name of SIP provision non-attainment date EPA approval date Comments
area
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* * * * * * *
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Moderate Area & Above Ozone Requirements
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* * * * * * *
2008 8-hour Ozone Negative Chicago area...... 1/10/2019 8/13/2021, 86 FR Includes: Aerospace
Declarations. 44616. Manufacturing and
Rework Facilities,
High-Density
Polyethylene,
Polypropylene, and
Polystyrene Resins,
Natural Gas/Gasoline
Processing Plants,
Oil and Natural Gas
Industry,
Shipbuilding and Ship
Repair Industry, and
Vegetable Oil
Processing.
2008 8-hour Ozone Section Chicago area...... 1/10/2019 8/13/2021, 86 FR
182(b)(2) VOC RACT Rules 44616.
Certification.
2008 8-hour Ozone Non-CTG RACT Chicago area...... 1/10/2019 8/13/2021, 86 FR Industrial Wastewater
Demonstration--. 44616. Category.
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[FR Doc. 2021-26138 Filed 12-2-21; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on December 3, 2021.
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