Rule2024-22730
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
October 3, 2024
Effective
December 2, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the Illinois Environmental Protection Agency (IEPA or Illinois). The revisions, submitted on February 26, 2024, and July 8, 2024, incorporate amendments to the Illinois air pollution control rules entitled "Part 243--Ambient Air Quality Standards" in response to EPA rulemakings and changes to the National Ambient Air Quality Standards (NAAQS) that EPA adopted in 2022 and 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 192 (Thursday, October 3, 2024)</title>
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[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Rules and Regulations]
[Pages 80402-80404]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22730]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2024-0105; EPA-R05-OAR-2024-0320; FRL-12240-02-R5]
Air Plan Approval; Illinois; NAAQS Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the Illinois
Environmental Protection Agency (IEPA or Illinois). The revisions,
submitted on February 26, 2024, and July 8, 2024, incorporate
amendments to the Illinois air pollution control rules entitled ``Part
243--Ambient Air Quality Standards'' in response to EPA rulemakings and
changes to the National Ambient Air Quality Standards (NAAQS) that EPA
adopted in 2022 and 2023.
DATES: This direct final rule will be effective December 2, 2024,
unless EPA receives adverse comments by November 4, 2024. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2024-0105 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#7a1b08081b54091b081b123a1f0a1b541d150c"><span class="__cf_email__" data-cfemail="1b7a69697a35687a697a735b7e6b7a357c746d">[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 the docket. EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI), Proprietary Business Information (PBI), 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, PBI, or multimedia submissions,
and general guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Mayesha Choudhury, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-5909,
<a href="/cdn-cgi/l/email-protection#1e7d76716b7a766b6c6730737f677b6d767f5e7b6e7f30797168"><span class="__cf_email__" data-cfemail="d9bab1b6acbdb1acaba0f7b4b8a0bcaab1b899bca9b8f7beb6af">[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.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
A. Illinois Submittals
On February 26 and July 8, 2024, IEPA submitted revisions to the
SIP that update Part 243 in Title 35 of the Illinois Administrative
Code (IAC). The SIP submissions update section 243.108 of Title 35 by
incorporating EPA's updated ``List of Designated Reference and
Equivalent Methods,'' which is 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). The February 2024 submission includes EPA's designation of
one new equivalent method for measuring concentrations of fine
particulate matter (PM<INF>2.5</INF>) in ambient air.\1\ This
designation was enacted and effective on October 5, 2023. The July 2024
submission incorporates EPA's designation of a new equivalent method
for measuring Particulate Matter (PM<INF>10</INF>) in ambient air, also
found in section 243.108.\2\ The designation was enacted and effective
May 16, 2024.
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\1\ See 87 FR 65203 (October 28, 2022).
\2\ See 88 FR 76212 (November 6, 2023).
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The July 2024 submission also incorporates references to EPA's
updated ozone absorption cross-section value,\3\ which is a standard
parameter used to measure concentrations of ozone, and makes
corrections to section 243.125(b)(3) to reflect word style used by EPA
in past NAAQS amendments.
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\3\ See 88 FR 70595 (October 12, 2023).
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B. List of Designated and Reference Equivalent Methods
EPA evaluates various methods for monitoring the concentrations of
criteria pollutants under the NAAQS. Equivalent methods for measuring
criteria pollutants are designated by EPA as monitoring methods that
meet specific requirements for determining
[[Page 80403]]
compliance with the NAAQS under 40 CFR part 58.
On October 28, 2022, EPA designated one new equivalent method for
measuring concentrations of PM<INF>2.5</INF> in ambient air.\4\ The new
method, EQPM-0922-260 ``Ambilabs Model 2WIN PM<INF>2.5</INF> FEM
Monitor,'' is an automated method (analyzer) utilizing an optically
based measurement principle.
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\4\ See supra note 1.
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On November 6, 2023, EPA designated a new equivalent method for
measuring concentrations of PM<INF>10</INF> in ambient air.\5\ The new
method, EQPM-0923-262 ``Vashti Instruments Pvt. Ltd Vair-9009
p.m.<INF>10</INF> Monitor,'' is an automated monitoring method
(monitor) utilizing the measurement principle based on beta-ray
attenuation.
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\5\ See supra note 2.
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C. Update to Ozone Absorption Cross-Section Value
On October 5, 2023, EPA updated the ozone absorption cross-section
value, which is used in ultraviolet-based ozone analyzers and Standard
Reference Photometers. The new value represents an increased accuracy
of surface ozone monitoring measurements and reduced uncertainty in
ozone measured concentrations.\6\ EPA updated references in the
regulations regarding this value \7\ and Illinois's July 2024 submittal
amends the existing corresponding state rules to provide consistency
with the Federal regulations.
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\6\ See supra note 3.
\7\ See 40 CFR part 50, appendix D--Reference Measurement
Principle and Calibration Procedure for the Measurement of Ozone in
the Atmosphere (Chemiluminescence Method).
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II. What is EPA's analysis of the State's submittals?
Section 243.108--Incorporation by Reference incorporates EPA's
updates to its ``List of Designated Reference and Equivalent Methods''
for measuring ambient concentrations to demonstrate compliance with the
NAAQS. The SIP revision would update section 243.108 to incorporate the
changes from EPA's actions dated October 28, 2022 (87 FR 65203) and
November 6, 2023 (88 FR 76212).
Section 243.125--Ozone incorporates EPA's references to the updated
ozone absorption cross-section value. The SIP revision would update
word style in section 243.125 and would make a minor correction to a
reference to an EPA regulation regarding the measurement of ozone (40
CFR part 50, appendix D).
EPA has reviewed the state revisions and finds that they are
equivalent to EPA requirements and strengthen the Illinois SIP.
III. What action is EPA taking?
EPA is approving the revisions to 35 IAC 243.108 as outlined in
Illinois' February 26, 2024, and July 8, 2024, submittals.
We are publishing this action without prior proposal because we
view these as noncontroversial amendments and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective December 2,
2024 without further notice unless we receive relevant adverse written
comments by November 4, 2024. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective
December 2, 2024.
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 the 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.\8\
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\8\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the Clean Air Act (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).
[[Page 80404]]
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 communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
EPA defines 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 EJ considerations as part of its SIP
submittals; 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 EJ
for communities with EJ concerns.
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 December 2, 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Ozone,
Reporting and recordkeeping requirements.
Dated: September 27, 2024.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 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 revising
the entries for ``243.108'' and ``243.125'' to read as follows:
Sec. 52.720 Identification of plan.
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(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.......................... Incorporations by 5/16/2024 10/3/2024, [INSERT ......................
Reference. FIRST PAGE OF
FEDERAL REGISTER
CITATION].
* * * * * * *
243.125.......................... Ozone.............. 5/16/2024 10/3/2024, [INSERT ......................
FIRST PAGE OF
FEDERAL REGISTER
CITATION].
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[FR Doc. 2024-22730 Filed 10-2-24; 8:45 am]
BILLING CODE 6560-50-P
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