82_FR_32044 82 FR 31913 - Air Plan Approval; Illinois; Emissions Statement Rule Certification for the 2008 Ozone Standard

82 FR 31913 - Air Plan Approval; Illinois; Emissions Statement Rule Certification for the 2008 Ozone Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 131 (July 11, 2017)

Page Range31913-31915
FR Document2017-14396

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) submission from the Illinois Environmental Protection Agency (IEPA) dated May 9, 2017. The submission provides IEPA's certification that its existing emission statement program, titled ``Annual Emissions Report'', remains in effect and satisfies the Clean Air Act (CAA) emissions statement requirement for the Illinois portions of the Chicago-Naperville, Illinois-Indiana-Wisconsin and St. Louis-St. Charles-Farmington, Missouri-Illinois nonattainment areas under the 2008 ozone National Ambient Air Quality Standard (NAAQS). Under the CAA, states' SIPs must require stationary sources in ozone nonattainment areas classified as marginal or above to annually report emissions of Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NO<INF>X</INF>).

Federal Register, Volume 82 Issue 131 (Tuesday, July 11, 2017)
[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Rules and Regulations]
[Pages 31913-31915]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14396]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0278; FRL-9964-65-Region 5]


Air Plan Approval; Illinois; Emissions Statement Rule 
Certification for the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) submission from the Illinois Environmental 
Protection Agency (IEPA) dated May 9, 2017. The submission provides 
IEPA's certification that its existing emission statement program, 
titled ``Annual Emissions Report'', remains in effect and satisfies the 
Clean Air Act (CAA) emissions statement requirement for the Illinois 
portions of the Chicago-Naperville, Illinois-Indiana-Wisconsin and St. 
Louis-St. Charles-Farmington, Missouri-Illinois nonattainment areas 
under the 2008 ozone National Ambient Air Quality Standard (NAAQS). 
Under the CAA, states' SIPs must require stationary sources in ozone 
nonattainment areas classified as marginal or above to annually report 
emissions of Volatile Organic Compounds (VOC) and Oxides of Nitrogen 
(NOX).

DATES: This direct final rule is effective September 11, 2017, unless 
EPA receives adverse comments by August 10, 2017. If adverse comments 
are

[[Page 31914]]

received by EPA, 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-2017-0278 at http://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) 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 or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Attainment 
Planning and Maintenance Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, 312-886-1767, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Background
II. IEPA's Emission Statement Certification and EPA's Evaluation of 
the State's Submission
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). 
Effective July 20, 2012, EPA designated nonattainment areas for the 
2008 ozone NAAQS (77 FR 30088, May 21, 2012, and 77 FR 34221, June 11, 
2012). The Chicago-Naperville, IL-IN-WI and St. Louis-St. Charles-
Farmington, MO-IL areas were designated as marginal nonattainment areas 
for the 2008 ozone NAAQS. The Chicago-Naperville, IL-IN-WI was 
reclassified from marginal nonattainment to moderate nonattainment on 
May 4, 2016 (81 FR 26697).
    Section 182(a)(3)(B) of the CAA requires states with ozone 
nonattainment areas classified as marginal and above to submit 
revisions to their SIPs to require the owner or operator of each 
stationary source of NOX or VOC to provide the state with an 
annual statement documenting the actual emissions of NOX and 
VOC from their source. Under section 182(a)(3)(B)(ii), a state may 
waive the emissions statement requirement for any class or category of 
stationary sources which emits less than 25 tons per year of VOC or 
NOX if the state, in its base year emissions inventory, 
provides an inventory of emissions from such class or category of 
sources. States and EPA have generally interpreted this waiver 
provision to apply to sources (without specification of a specific 
source class or source category) emitting less than 25 tons per year of 
VOC or NOX.
    Many states, including Illinois, adopted emissions statement rules 
for stationary sources in nonattainment areas under the 1-hour ozone 
NAAQS, which EPA approved as part of each state's SIP. In cases where 
an existing emission statement requirement is still adequate to meet 
the requirements under the 2008 ozone NAAQS, states may provide the 
rationale for that determination to EPA in a written statement for 
approval in the SIP to meet the requirements of section 182(a)(3)(B). 
See 80 FR 12264, 12291 (March 6, 2015).

II. IEPA's Emission Statement Certification and EPA's Evaluation of the 
State's Submission

    IEPA submitted a proposed SIP revision on May 9, 2017 certifying 
that the previously SIP-approved emissions statement regulations meet 
the emissions statement requirement for areas designated as 
nonattainment for the 2008 ozone standard pursuant to Sections 110 and 
182 of the CAA. In its submission, IEPA stated that it has information 
collection authority under Section 4 of the Illinois Environmental 
Protection Act, and that IEPA collects NOX and VOC emission 
statements under 35 IAC Part 254, titled ``Annual Emissions Report,'' 
which applies to any source located in an ozone nonattainment area that 
has the potential to emit 25 tons per year or more of VOC or 
NOX from all emission units during the reporting year. IEPA 
further stated that these regulations also apply to permitted smaller 
sources which are required to submit and certify source-wide totals of 
actual emissions from all regulated air pollutants emitted. Finally, 
IEPA confirmed that in general, facilities subject to part 254 must 
submit actual emissions data for NOX and VOC on an annual 
basis, and must certify that the information provided is accurate to 
the best of the certifier's knowledge.
    EPA approved the ``Annual Emissions Report'' rules into the 
Illinois SIP on May 15, 2002 (67 FR 34614). Based on this approval and 
IEPA's certification, the regulations at 35 Ill. Adm. Code part 254 are 
sufficient to meet the emissions statement requirements of CAA section 
182(a)(3)(B) for the 2008 ozone NAAQS.

III. Final Action

    EPA is approving, as a SIP revision, IEPA's certification that 
Illinois' ``Annual Emissions Report'' rules at 35 IAC part 254 meet the 
requirements of CAA section 182(a)(3)(B) under the 2008 ozone standard 
for the Illinois portions of the Chicago-Naperville, IL-IN-WI and St. 
Louis-St. Charles-Farmington, MO-IL ozone nonattainment areas.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment 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 September 11, 
2017 without further notice unless we receive relevant adverse written 
comments by August 10, 2017. 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 September 11, 2017.

[[Page 31915]]

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:
     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);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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
     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 September 11, 2017. 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 today's 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: June 20, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    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 (e) is amended by adding an 
entry for ``Ozone (8-hour, 2008) certification of emissions statement 
regulations'' following the entry for ``Compliance schedules'' to read 
as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable           State
     Name of SIP provision          geographic or       submittal     EPA approval date          Comments
                                 nonattainment area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Ozone (8-hour, 2008)             Chicago and St.           5/9/2017  7/11/2017, [insert  Certification that
 certification of emissions       Louis areas.                        Federal Register    Illinois' previously
 statement regulations.                                               citation].          approved regulations
                                                                                          at 35 IAC part 254
                                                                                          meet the emission
                                                                                          statement requirements
                                                                                          for the 2008 ozone
                                                                                          NAAQS.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-14396 Filed 7-10-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                           Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations                                                                                              31913

                                                adding, in their place, the words ‘‘An                                    and words ‘‘motor disability, or an                                        ■  B. Under the row labeled
                                                intellectual disability’’.                                                intellectual disability;’’.                                                ‘‘DEFINITIONS (J–O)’’, removing the
                                                ■ B. Removing the authority citation                                      ■ B. Removing the authority citation                                       entry ‘‘Mental retardation 300.8(c)(6)’’.
                                                that follows the section.                                                 that follows the section.                                                  ■ C. Adding a row to the index, in
                                                                                                                                                                                                     alphabetical order, labeled
                                                § 300.311         [Amended]                                               ■  12. Appendix F to Part 300 is                                           ‘‘INTELLECTUAL DISABILITY
                                                ■ 11. Section 300.311 is amended by:                                      amended by:                                                                (Definition) § 300.8(c)(6)’’.
                                                ■ A. In paragraph (a)(6), removing the                                    ■ A. Under the row labeled                                                 ■ D. Removing the row in the index
                                                punctuation and words ‘‘or motor                                          ‘‘DEFINITIONS (I)’’, adding, in                                            labeled ‘‘MENTAL RETARDATION
                                                disability; mental retardation’’ and                                      alphabetical order, the entry                                              (Definition) 300.8(c)(6)’’.
                                                adding, in their place, the punctuation                                   ‘‘Intellectual Disability 300.8(c)(6)’’.                                      The additions read as follows:

                                                                                                  APPENDIX F TO PART 300—INDEX FOR IDEA—PART B REGULATIONS
                                                                                                                                                [34 CFR Part 300]


                                                          *                          *                                 *                                 *                                 *                                *                            *
                                                DEFINITIONS (I)
                                                • Intellectual Disability ......................................................................................................................................................................   300.8(c)(6).

                                                       *                 *                           *                                 *                                 *                                *                                              *
                                                INTELLECTUAL DISABILITY (Definition) .........................................................................................................................................                     300.8(c)(6).

                                                              *                               *                               *                              *                               *                               *                           *



                                                PART 361—STATE VOCATIONAL                                                 § 385.4        [Amended]                                                   ENVIRONMENTAL PROTECTION
                                                REHABILITATION SERVICES                                                   ■ 18. Section 385.4 is amended by                                          AGENCY
                                                PROGRAM                                                                   removing the authority citation that
                                                                                                                          follows the section.                                                       40 CFR Part 52
                                                ■  13. The authority citation for part 361                                                                                                           [EPA–R05–OAR–2017–0278; FRL–9964–65–
                                                is revised to read as follows:                                            PART 668—STUDENT ASSISTANCE                                                Region 5]
                                                  Authority: Section 12(c) of the                                         GENERAL PROVISIONS
                                                Rehabilitation Act of 1973, as amended; 29                                                                                                           Air Plan Approval; Illinois; Emissions
                                                U.S.C. 709(c); Pub. L. 111–256, 124 Stat.                                 ■  19. The authority citation for part 668                                 Statement Rule Certification for the
                                                2643; unless otherwise noted.                                             is revised to read as follows:                                             2008 Ozone Standard
                                                                                                                            Authority: 20 U.S.C. 1001–1003, 1070a,
                                                § 361.5       [Amended]                                                                                                                              AGENCY: Environmental Protection
                                                                                                                          1070g, 1085, 1087b, 1087d, 1087e, 1088,
                                                                                                                          1091, 1092, 1094, 1099c, and 1099c–1,                                      Agency (EPA).
                                                ■ 14. Section 361.5 is amended by:
                                                ■ A. Removing the authority citation                                      1221e–3, and 3474; Pub. L. 111–256, 124                                    ACTION: Direct final rule.
                                                that follows paragraph (c)(30).                                           Stat. 2643; unless otherwise noted.
                                                                                                                                                                                                     SUMMARY:    The Environmental Protection
                                                ■ B. Removing the authority citation                                      § 668.231         [Amended]                                                Agency (EPA) is approving a State
                                                that follows paragraph (c)(40).                                                                                                                      Implementation Plan (SIP) submission
                                                                                                                          ■ 20. Section 668.231 is amended by:
                                                                                                                          ■ A. In paragraph (b)(1) introductory                                      from the Illinois Environmental
                                                PART 373—REHABILITATION
                                                                                                                          text, removing the words ‘‘mental                                          Protection Agency (IEPA) dated May 9,
                                                NATIONAL ACTIVITIES PROGRAMS
                                                                                                                          retardation or’’.                                                          2017. The submission provides IEPA’s
                                                ■  15. The authority citation for part 373                                ■ B. Removing the authority citation                                       certification that its existing emission
                                                is revised to read as follows:                                            that follows the section.                                                  statement program, titled ‘‘Annual
                                                                                                                                                                                                     Emissions Report’’, remains in effect
                                                  Authority: Section 303(b) of the                                        PART 674—FEDERAL PERKINS LOAN                                              and satisfies the Clean Air Act (CAA)
                                                Rehabilitation Act of 1973, as amended; 29                                PROGRAM                                                                    emissions statement requirement for the
                                                U.S.C. 773(b); Pub. L. 111–256, 124 Stat.
                                                2643; unless otherwise noted.
                                                                                                                                                                                                     Illinois portions of the Chicago-
                                                                                                                          ■  21. The authority citation for part 674                                 Naperville, Illinois-Indiana-Wisconsin
                                                § 373.4       [Amended]                                                   is revised to read as follows:                                             and St. Louis-St. Charles-Farmington,
                                                                                                                            Authority: 20 U.S.C. 1070g, 1087aa–                                      Missouri-Illinois nonattainment areas
                                                ■ 16. Section 373.4 is amended by
                                                                                                                          1087hh; Pub. L. 111–256, 124 Stat. 2643;                                   under the 2008 ozone National Ambient
                                                removing the authority citation that                                      unless otherwise noted.                                                    Air Quality Standard (NAAQS). Under
                                                follows the definition of ‘‘Individual
                                                                                                                                                                                                     the CAA, states’ SIPs must require
                                                with a significant disability’’.                                          § 674.51         [Amended]
                                                                                                                                                                                                     stationary sources in ozone
                                                PART 385—REHABILITATION                                                   ■ 22. Section 674.51 is amended by:                                        nonattainment areas classified as
                                                TRAINING                                                                  ■ A. In paragraph (l)(1), removing the                                     marginal or above to annually report
                                                                                                                          words ‘‘Mentally retarded’’ and adding,
mstockstill on DSK30JT082PROD with RULES




                                                                                                                                                                                                     emissions of Volatile Organic
                                                ■  17. The authority citation for part 385                                in their place, the words ‘‘Individuals                                    Compounds (VOC) and Oxides of
                                                is revised to read as follows:                                            with intellectual disabilities’’.                                          Nitrogen (NOX).
                                                                                                                          ■ B. Removing the authority citation                                       DATES: This direct final rule is effective
                                                  Authority: Sections 12(c), 301, and 302 of                              that follows the section.
                                                the Rehabilitation Act of 1973, as amended;                                                                                                          September 11, 2017, unless EPA
                                                29 U.S.C. 709(c), 771, and 772; Pub. L. 111–                              [FR Doc. 2017–14343 Filed 7–10–17; 8:45 am]                                receives adverse comments by August
                                                256, 124 Stat. 2643; unless otherwise noted.                              BILLING CODE 4000–01–P                                                     10, 2017. If adverse comments are


                                           VerDate Sep<11>2014         16:47 Jul 10, 2017         Jkt 241001     PO 00000         Frm 00027      Fmt 4700        Sfmt 4700     E:\FR\FM\11JYR1.SGM             11JYR1


                                                31914               Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations

                                                received by EPA, EPA will publish a                      30088, May 21, 2012, and 77 FR 34221,                 nonattainment area that has the
                                                timely withdrawal of the direct final                    June 11, 2012). The Chicago-Naperville,               potential to emit 25 tons per year or
                                                rule in the Federal Register informing                   IL–IN–WI and St. Louis-St. Charles-                   more of VOC or NOX from all emission
                                                the public that the rule will not take                   Farmington, MO–IL areas were                          units during the reporting year. IEPA
                                                effect.                                                  designated as marginal nonattainment                  further stated that these regulations also
                                                ADDRESSES: Submit your comments,                         areas for the 2008 ozone NAAQS. The                   apply to permitted smaller sources
                                                identified by Docket ID No. EPA–R05–                     Chicago-Naperville, IL–IN–WI was                      which are required to submit and certify
                                                OAR–2017–0278 at http://                                 reclassified from marginal                            source-wide totals of actual emissions
                                                www.regulations.gov or via email to                      nonattainment to moderate                             from all regulated air pollutants emitted.
                                                aburano.douglas@epa.gov. For                             nonattainment on May 4, 2016 (81 FR                   Finally, IEPA confirmed that in general,
                                                comments submitted at Regulations.gov,                   26697).                                               facilities subject to part 254 must submit
                                                                                                           Section 182(a)(3)(B) of the CAA                     actual emissions data for NOX and VOC
                                                follow the online instructions for
                                                                                                         requires states with ozone                            on an annual basis, and must certify that
                                                submitting comments. Once submitted,
                                                                                                         nonattainment areas classified as                     the information provided is accurate to
                                                comments cannot be edited or removed
                                                                                                         marginal and above to submit revisions                the best of the certifier’s knowledge.
                                                from Regulations.gov. For either manner
                                                                                                         to their SIPs to require the owner or                    EPA approved the ‘‘Annual Emissions
                                                of submission, EPA may publish any
                                                                                                         operator of each stationary source of                 Report’’ rules into the Illinois SIP on
                                                comment received to its public docket.                   NOX or VOC to provide the state with
                                                Do not submit electronically any                                                                               May 15, 2002 (67 FR 34614). Based on
                                                                                                         an annual statement documenting the                   this approval and IEPA’s certification,
                                                information you consider to be                           actual emissions of NOX and VOC from
                                                Confidential Business Information (CBI)                                                                        the regulations at 35 Ill. Adm. Code part
                                                                                                         their source. Under section                           254 are sufficient to meet the emissions
                                                or other information whose disclosure is                 182(a)(3)(B)(ii), a state may waive the
                                                restricted by statute. Multimedia                                                                              statement requirements of CAA section
                                                                                                         emissions statement requirement for any               182(a)(3)(B) for the 2008 ozone NAAQS.
                                                submissions (audio, video, etc.) must be                 class or category of stationary sources
                                                accompanied by a written comment.                        which emits less than 25 tons per year                III. Final Action
                                                The written comment is considered the                    of VOC or NOX if the state, in its base
                                                official comment and should include                                                                               EPA is approving, as a SIP revision,
                                                                                                         year emissions inventory, provides an                 IEPA’s certification that Illinois’
                                                discussion of all points you wish to                     inventory of emissions from such class
                                                make. EPA will generally not consider                                                                          ‘‘Annual Emissions Report’’ rules at 35
                                                                                                         or category of sources. States and EPA                IAC part 254 meet the requirements of
                                                comments or comment contents located                     have generally interpreted this waiver
                                                outside of the primary submission (i.e.                                                                        CAA section 182(a)(3)(B) under the 2008
                                                                                                         provision to apply to sources (without
                                                on the Web, cloud, or other file sharing                                                                       ozone standard for the Illinois portions
                                                                                                         specification of a specific source class or
                                                system). For additional submission                                                                             of the Chicago-Naperville, IL–IN–WI
                                                                                                         source category) emitting less than 25
                                                methods, please contact the person                                                                             and St. Louis-St. Charles-Farmington,
                                                                                                         tons per year of VOC or NOX.
                                                identified in the FOR FURTHER                              Many states, including Illinois,                    MO–IL ozone nonattainment areas.
                                                INFORMATION CONTACT section. For the                     adopted emissions statement rules for                    We are publishing this action without
                                                full EPA public comment policy,                          stationary sources in nonattainment                   prior proposal because we view this as
                                                information about CBI or multimedia                      areas under the 1-hour ozone NAAQS,                   a noncontroversial amendment and
                                                submissions, and general guidance on                     which EPA approved as part of each                    anticipate no adverse comments.
                                                making effective comments, please visit                  state’s SIP. In cases where an existing               However, in the proposed rules section
                                                http://www2.epa.gov/dockets/                             emission statement requirement is still               of this Federal Register publication, we
                                                commenting-epa-dockets.                                  adequate to meet the requirements                     are publishing a separate document that
                                                FOR FURTHER INFORMATION CONTACT:                         under the 2008 ozone NAAQS, states                    will serve as the proposal to approve the
                                                Kathleen D’Agostino, Attainment                          may provide the rationale for that                    state plan if relevant adverse written
                                                Planning and Maintenance Section, Air                    determination to EPA in a written                     comments are filed. This rule will be
                                                Programs Branch (AR–18J),                                statement for approval in the SIP to                  effective September 11, 2017 without
                                                Environmental Protection Agency,                         meet the requirements of section                      further notice unless we receive relevant
                                                Region 5, 77 West Jackson Boulevard,                     182(a)(3)(B). See 80 FR 12264, 12291                  adverse written comments by August
                                                Chicago, Illinois 60604, 312–886–1767,                   (March 6, 2015).                                      10, 2017. If we receive such comments,
                                                Dagostino.Kathleen@epa.gov.                                                                                    we will withdraw this action before the
                                                                                                         II. IEPA’s Emission Statement                         effective date by publishing a
                                                SUPPLEMENTARY INFORMATION:                               Certification and EPA’s Evaluation of
                                                Throughout this document, whenever                                                                             subsequent document that will
                                                                                                         the State’s Submission                                withdraw the final action. All public
                                                ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                EPA. This supplementary information                         IEPA submitted a proposed SIP                      comments received will then be
                                                section is arranged as follows:                          revision on May 9, 2017 certifying that               addressed in a subsequent final rule
                                                                                                         the previously SIP-approved emissions                 based on the proposed action. EPA will
                                                I. Background                                            statement regulations meet the                        not institute a second comment period.
                                                II. IEPA’s Emission Statement Certification
                                                                                                         emissions statement requirement for                   Any parties interested in commenting
                                                      and EPA’s Evaluation of the State’s
                                                      Submission                                         areas designated as nonattainment for                 on this action should do so at this time.
                                                III. Final Action                                        the 2008 ozone standard pursuant to                   Please note that, if EPA receives adverse
                                                IV. Statutory and Executive Order Reviews                Sections 110 and 182 of the CAA. In its               comment on an amendment, paragraph,
                                                                                                         submission, IEPA stated that it has                   or section of this rule and if that
                                                I. Background
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                                                                                                         information collection authority under                provision may be severed from the
                                                   On March 12, 2008, EPA promulgated                    Section 4 of the Illinois Environmental               remainder of the rule, EPA may adopt
                                                a revised 8-hour ozone NAAQS of 0.075                    Protection Act, and that IEPA collects                as final those provisions of the rule that
                                                parts per million (ppm). See 73 FR                       NOX and VOC emission statements                       are not the subject of an adverse
                                                16436 (March 27, 2008). Effective July                   under 35 IAC Part 254, titled ‘‘Annual                comment. If we do not receive any
                                                20, 2012, EPA designated nonattainment                   Emissions Report,’’ which applies to                  comments, this action will be effective
                                                areas for the 2008 ozone NAAQS (77 FR                    any source located in an ozone                        September 11, 2017.


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                                                                    Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations                                                               31915

                                                IV. Statutory and Executive Order                            Act of 1995 (15 U.S.C. 272 note) because                      extend the time within which a petition
                                                Reviews                                                      application of those requirements would                       for judicial review may be filed, and
                                                   Under the CAA, the Administrator is                       be inconsistent with the CAA; and                             shall not postpone the effectiveness of
                                                required to approve a SIP submission                            • Does not provide EPA with the                            such rule or action. Parties with
                                                that complies with the provisions of the                     discretionary authority to address, as                        objections to this direct final rule are
                                                CAA and applicable Federal regulations.                      appropriate, disproportionate human                           encouraged to file a comment in
                                                42 U.S.C. 7410(k); 40 CFR 52.02(a).                          health or environmental effects, using                        response to the parallel notice of
                                                Thus, in reviewing SIP submissions,                          practicable and legally permissible                           proposed rulemaking for this action
                                                EPA’s role is to approve state choices,                      methods, under Executive Order 12898                          published in the proposed rules section
                                                provided that they meet the criteria of                      (59 FR 7629, February 16, 1994).                              of today’s Federal Register, rather than
                                                the CAA. Accordingly, this action                               In addition, the SIP is not approved                       file an immediate petition for judicial
                                                merely approves state law as meeting                         to apply on any Indian reservation land                       review of this direct final rule, so that
                                                Federal requirements and does not                            or in any other area where EPA or an                          EPA can withdraw this direct final rule
                                                impose additional requirements beyond                        Indian tribe has demonstrated that a                          and address the comment in the
                                                those imposed by state law. For that                         tribe has jurisdiction. In those areas of                     proposed rulemaking. This action may
                                                reason, this action:                                         Indian country, the rule does not have                        not be challenged later in proceedings to
                                                   • Is not a ‘‘significant regulatory                       tribal implications and will not impose                       enforce its requirements. (See section
                                                action’’ subject to review by the Office                     substantial direct costs on tribal                            307(b)(2)).
                                                of Management and Budget under                               governments or preempt tribal law as
                                                                                                                                                                           List of Subjects in 40 CFR Part 52
                                                Executive Orders 12866 (58 FR 51735,                         specified by Executive Order 13175 (65
                                                October 4, 1993) and 13563 (76 FR 3821,                      FR 67249, November 9, 2000).                                    Environmental protection, Air
                                                January 21, 2011);                                              The Congressional Review Act, 5                            pollution control, Carbon monoxide,
                                                   • Does not impose an information                          U.S.C. 801 et seq., as added by the Small                     Incorporation by reference,
                                                collection burden under the provisions                       Business Regulatory Enforcement                               Intergovernmental relations, Nitrogen
                                                of the Paperwork Reduction Act (44                           Fairness Act of 1996, generally provides                      dioxide, Ozone, Reporting and
                                                U.S.C. 3501 et seq.);                                        that before a rule may take effect, the                       recordkeeping requirements, Volatile
                                                   • Is certified as not having a                            agency promulgating the rule must                             organic compounds.
                                                significant economic impact on a                             submit a rule report, which includes a                          Dated: June 20, 2017.
                                                substantial number of small entities                         copy of the rule, to each House of the                        Robert A. Kaplan,
                                                under the Regulatory Flexibility Act (5                      Congress and to the Comptroller General
                                                                                                                                                                           Acting Regional Administrator, Region 5.
                                                U.S.C. 601 et seq.);                                         of the United States. EPA will submit a
                                                   • Does not contain any unfunded                           report containing this action and other                           40 CFR part 52 is amended as follows:
                                                mandate or significantly or uniquely                         required information to the U.S. Senate,
                                                                                                             the U.S. House of Representatives, and                        PART 52—APPROVAL AND
                                                affect small governments, as described
                                                                                                             the Comptroller General of the United                         PROMULGATION OF
                                                in the Unfunded Mandates Reform Act
                                                                                                             States prior to publication of the rule in                    IMPLEMENTATION PLANS
                                                of 1995 (Pub. L. 104–4);
                                                   • Does not have Federalism                                the Federal Register. A major rule
                                                                                                                                                                           ■ 1. The authority citation for part 52
                                                implications as specified in Executive                       cannot take effect until 60 days after it
                                                                                                                                                                           continues to read as follows:
                                                Order 13132 (64 FR 43255, August 10,                         is published in the Federal Register.
                                                1999);                                                       This action is not a ‘‘major rule’’ as                            Authority: 42 U.S.C. 7401 et seq.
                                                   • Is not an economically significant                      defined by 5 U.S.C. 804(2).                                   ■ 2. In § 52.720, the table in paragraph
                                                regulatory action based on health or                            Under section 307(b)(1) of the CAA,                        (e) is amended by adding an entry for
                                                safety risks subject to Executive Order                      petitions for judicial review of this                         ‘‘Ozone (8-hour, 2008) certification of
                                                13045 (62 FR 19885, April 23, 1997);                         action must be filed in the United States                     emissions statement regulations’’
                                                   • Is not a significant regulatory action                  Court of Appeals for the appropriate                          following the entry for ‘‘Compliance
                                                subject to Executive Order 13211 (66 FR                      circuit by September 11, 2017. Filing a                       schedules’’ to read as follows:
                                                28355, May 22, 2001);                                        petition for reconsideration by the
                                                   • Is not subject to requirements of                       Administrator of this final rule does not                     § 52.720    Identification of plan.
                                                section 12(d) of the National                                affect the finality of this action for the                    *       *    *       *     *
                                                Technology Transfer and Advancement                          purposes of judicial review nor does it                           (e) * * *

                                                                           EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS
                                                                                          Applicable geographic or            State submittal
                                                    Name of SIP provision                                                                                    EPA approval date                      Comments
                                                                                            nonattainment area                     date


                                                        *                     *                 *                                         *                          *                      *                      *
                                                Ozone (8-hour, 2008) certifi- Chicago and St. Louis                                  5/9/2017         7/11/2017, [insert Federal      Certification that Illinois’ previously
                                                 cation of emissions state-     areas.                                                                  Register citation].             approved regulations at 35 IAC
                                                 ment regulations.                                                                                                                      part 254 meet the emission state-
                                                                                                                                                                                        ment requirements for the 2008
                                                                                                                                                                                        ozone NAAQS.
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                                                          *                           *                           *                          *                        *                     *                      *



                                                [FR Doc. 2017–14396 Filed 7–10–17; 8:45 am]
                                                BILLING CODE 6560–50–P




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Document Created: 2018-11-14 10:22:26
Document Modified: 2018-11-14 10:22:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule is effective September 11, 2017, unless EPA receives adverse comments by August 10, 2017. If adverse comments are received by EPA, 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.
ContactKathleen D'Agostino, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312-886-1767, [email protected]
FR Citation82 FR 31913 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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