Rule2024-00658
Air Plan Approval; Illinois; NAAQS Update
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
January 17, 2024
Effective
February 16, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Illinois Environmental Protection Agency (IEPA) on July 8, 2022. Illinois revised its air pollution control rules entitled "Part 243--Ambient Air Quality Standards" and updated the "List of Designated Reference and Equivalent Methods" in response to EPA rulemakings and changes to the National Ambient Air Quality Standards (NAAQS) that EPA adopted in 2021.
Full Text
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<title>Federal Register, Volume 89 Issue 11 (Wednesday, January 17, 2024)</title>
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[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Rules and Regulations]
[Pages 2883-2885]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00658]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0673; FRL-10900-02-R5]
Air Plan Approval; Illinois; NAAQS Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Illinois
Environmental Protection Agency (IEPA) on July 8, 2022. Illinois
revised its air pollution control rules entitled ``Part 243--Ambient
Air Quality Standards'' and updated the ``List of Designated Reference
and Equivalent Methods'' in response to EPA rulemakings and changes to
the National Ambient Air Quality Standards (NAAQS) that EPA adopted in
2021.
DATES: This final rule is effective on February 16, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2022-0673. 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 Daphne Onsay
at (312) 886-5945 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Daphne Onsay, Life Scientist, Control
Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-5945, <a href="/cdn-cgi/l/email-protection#76191805170f581217061e18133613061758111900"><span class="__cf_email__" data-cfemail="2e41405d4f57004a4f5e46404b6e4b5e4f00494158">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On July 8, 2022, IEPA submitted a request to EPA to incorporate
revisions to the Illinois air pollution control rules in Title 35 of
the Illinois Administrative Code, Part 243--Air Quality Standards. Part
243 sets forth the NAAQS adopted by EPA under section 109 of the Clean
Air Act (CAA). The submission updates Part 243: Sections 243.108 and
243.122, effective May 18, 2022. Illinois revised Part 243 to reflect
amendments to EPA's ``List of Designated References and Equivalent
Methods'' used to determine compliance with the NAAQS (fine particulate
matter and coarse particulate matter, sulfur dioxide (SO<INF>2</INF>),
carbon monoxide, lead, oxides of nitrogen, and ozone). In addition to
these changes, Illinois updated existing rule language to address EPA's
revocation of the 1971 primary, 24-hour, and annual average NAAQS for
SO<INF>2</INF>. 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 this proposed rule ended
on August 23, 2023.
During the comment period, EPA received one comment that covered a
variety of topics including comments on administrative changes being
made that could increase the complexity and burden of regulatory
compliance on affected industry. The comment is summarized and
addressed below and the comment itself is included in the docket for
this action. We do not consider this comment to be germane or relevant
to this action and therefore not adverse to this action. The comment
lacks the required specificity to the proposed SIP revision and the
relevant requirements of CAA section 110. Moreover, the comment does
not address a specific regulation or provision in question or recommend
a different action on the SIP submission from what EPA proposed.
Therefore, we are finalizing our action as proposed.
II. Response to Public Comments
Comment 1: The commenter is concerned that the potential complexity
of these administrative changes could increase the complexity of
regulatory compliance and reporting. The commenter states that
businesses may be required to dedicate more resources for compliance,
which could place a financial burden on small and medium businesses.
The commenter also states that the changes require consistent
monitoring, increasing the possibility of non-compliance due to
unawareness or misunderstanding.
Response 1: Illinois is adopting requirements that are already
established at the Federal level and making them applicable at the
State level. Illinois is incorporating these Federal regulations into
the Illinois air pollution control rules entitled ``Part 243--Ambient
Air Quality Standards'' and also updating the ``List of Designated
Reference and Equivalent Methods'' in response to EPA rulemakings.
Illinois is also changing Section 243.122 to be consistent with the
Round 4 area designations for the primary 2010 NAAQS for SO<INF>2</INF>
that EPA issued in 2021. These administrative changes do not place
additional requirements on regulated entities beyond those already
established in the NAAQS. The commenter stated that the administrative
changes should be consolidated to a degree that decreases the frequency
of these changes. These administrative changes have been consolidated
to include the Illinois
[[Page 2884]]
updates to Part 243, which reflect amendments to EPA's ``List of
Designated References and Equivalent Methods'' used to determine
compliance with the NAAQS. In addition, Illinois updated existing rule
language to address EPA's revocation of the 1971 primary, 24-hour, and
annual average NAAQS for SO<INF>2.</INF> Regarding the frequency of
these administrative changes, EPA is required to update the NAAQS every
5 years, in accordance with section 109 of the CAA. EPA is following
statutory requirements.
III. Final Action
EPA is approving a revision to the Illinois SIP. The submittal
updates revisions to the Illinois regulations at Title 35 of the
Illinois Administrative Code, Part 243--Air Quality Standards (Part
243). Specifically, the updates made to Part 243: Sections 243.108 and
243.122--are intended to be ``identical in substance'' to, and
consistent with the updates to the list of designated Federal
equivalent and reference methods and updates to the NAAQS adopted by
EPA. IEPA's revisions mirror EPA's reference method for the 2010 1-hour
SO<INF>2</INF> standard. IEPA removed the 1971 primary, 24 hour, and
annual SO<INF>2</INF> standard reflecting EPA's action at the Federal
level.
IV. 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 Illinois
Regulations described in section I of this preamble and set forth in
the amendments to 40 CFR part 52 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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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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
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 operations or programs and policies.''
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. 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 March 18, 2024. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Ozone,
Particulate matter, Sulfur oxides, Volatile organic compounds.
[[Page 2885]]
Dated: January 9, 2024.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, 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 (c) is amended by:
0
a. Revising the entry for ``243.108'' and the first entry for
``243.122'' (State effective date 8/18/2020); and
0
b. Removing the second entry for ``243.122'' (State effective date 2/
19/2019).
The revisions read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Illinois Regulations and Statutes
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State
Illinois citation Title/subject effective EPA approval date Comments
date
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* * * * * * *
243.108.......................... Incorporation by 3/4/2022 1/17/2024, [INSERT
Reference. FEDERAL REGISTER
CITATION].
* * * * * * *
243.122.......................... Sulfur Oxides 3/4/2022 1/17/2024, [INSERT
(Sulfur Dioxide). FEDERAL REGISTER
CITATION].
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[FR Doc. 2024-00658 Filed 1-16-24; 8:45 am]
BILLING CODE 6560-50-P
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