82_FR_32907 82 FR 32771 - Air Plan Approval; Illinois; NAAQS Updates

82 FR 32771 - Air Plan Approval; Illinois; NAAQS Updates

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 136 (July 18, 2017)

Page Range32771-32775
FR Document2017-14948

The Environmental Protection Agency (EPA) is approving revised rules submitted by the State of Illinois as State Implementation Plan (SIP) revisions. The submitted rules update Illinois' ambient air quality standards to include the 2015 primary National Ambient Air Quality Standard (NAAQS) for ozone (O<INF>3</INF>), add EPA-promulgated monitoring methods for several NAAQS, and address EPA's revocation of the 1997 O<INF>3</INF> NAAQS. In addition, the revised rules contain the timing requirements for the ``flagging of exceptional events'' and the submission of documentation supporting exceptional events for the initial area designations for the 2015 primary annual O<INF>3</INF> standard. These SIP revisions update Illinois air pollution control regulations to be ``identical-in-substance'' to EPA rulemakings related to the NAAQS that occurred between January 1, 2014 and June 17, 2016.

Federal Register, Volume 82 Issue 136 (Tuesday, July 18, 2017)
[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Rules and Regulations]
[Pages 32771-32775]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14948]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0512; EPA-R05-OAR-2016-0522; EPA-R05-OAR-2017-0322; 
FRL-9964-97-Region 5]


Air Plan Approval; Illinois; NAAQS Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving revised 
rules submitted by the State of Illinois as State Implementation Plan 
(SIP) revisions. The submitted rules update Illinois' ambient air 
quality standards to include the 2015 primary National Ambient Air 
Quality Standard (NAAQS) for ozone (O3), add EPA-promulgated 
monitoring methods for several NAAQS, and address EPA's revocation of 
the 1997 O3 NAAQS. In addition, the revised rules contain 
the timing requirements for the ``flagging of exceptional events'' and 
the submission of documentation supporting exceptional events for the 
initial area designations for the 2015 primary annual O3 
standard. These SIP revisions update Illinois air pollution control 
regulations to be ``identical-in-substance'' to EPA rulemakings related 
to the NAAQS that occurred between January 1, 2014 and June 17, 2016.

DATES: This direct final rule will be effective September 18, 2017, 
unless EPA receives adverse comments by August 17, 2017. 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-2016-0512, EPA-R05-OAR-2016-0522, or EPA-R05-2017-0322 at https://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

[[Page 32772]]

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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Michelle Becker, Life Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-3901, 
[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. When and why did the State make these submittals?
II. What are the State rule revisions?
III. Did the State hold public hearings for these submittals?
IV. What is EPA's analysis of the State's submittals?
V. What action is EPA taking?
VI. Incorporation by Reference.
VII. Statutory and Executive Order Reviews.

I. When and why did the State make these submittals?

    Section 109 of the Clean Air Act (CAA) requires EPA to establish 
national primary (protective of human health) and secondary (protective 
of human welfare) air quality standards for pollutants for which air 
quality criteria have been issued under Section 108 of the CAA (the 
criteria pollutants \1\). Individually and collectively these standards 
are referred to as NAAQS. Section 109(d)(1) of the CAA requires EPA to 
review, and if necessary, based on accumulated health and welfare data, 
to revise each NAAQS every five years. If a NAAQS is revised, states 
whose rules include state air quality standards may revise their rules 
to address the revised NAAQS and associated monitoring requirements, 
and submit them to EPA as SIP revision requests. See, e.g., 415 ILCS 5/
10(H).
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    \1\ The criteria pollutants are ozone (O3), nitrogen 
oxides (represented by nitrogen dioxide (NO2)), sulfur 
oxides (represented by sulfur dioxide (SO2)), carbon 
monoxide (CO), particulate matter (represented by total suspended 
particulates (TSP), particulates (PM10), and fine 
particulates (PM2.5)), and lead (Pb). Note that Illinois 
also has air quality standard and monitoring rules for ``coarse 
particulate matter'' (PM2.5-10), although this is not a 
criteria pollutant and is generally considered to be included in 
PM10.
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    On August 9, 2016, the Illinois Environmental Protection Agency 
(IEPA) submitted to EPA for approval as SIP revisions: updating 
Illinois' ambient air quality standards by revoking the 1997 
O3 NAAQS and adding the 2015 primary O3 NAAQS; 
revising the timing requirements for the ``flagging of exceptional 
events'' and the submission of demonstrations to justify data exclusion 
as a result of exceptional events for the initial designations for the 
2015 primary annual O3 standard; and adding EPA-promulgated 
monitoring methods. These updates correspond to revisions to the NAAQS 
adopted by EPA during the period January 1, 2015 through June 30, 2015, 
August 26, 2015, October 26, 2015, and November 19, 2015. The Illinois 
Pollution Control Board (IPCB) adopted these rule revisions on March 3, 
2016.
    On August 11, 2016, IEPA submitted to EPA for approval as SIP 
revisions additional updates to the methods used by Illinois to monitor 
air quality for several NAAQS. These updates correspond to EPA's 
revised monitoring methods promulgated during the period of January 1, 
2014, through December 18, 2014. The IPCB adopted these rule revisions 
on March 5, 2015.
    On May 30, 2017, IEPA submitted to EPA for approval as SIP 
revisions additional updates to the methods used by Illinois to monitor 
air quality for several NAAQS. These updates correspond to EPA's 
revised monitoring methods promulgated during the period of January 1, 
2016, through July 13, 2016. The IPCB adopted these rule revisions on 
January 19, 2017.
    The proposed SIP revisions would update Illinois air pollution 
control regulations to be ``identical-in-substance'' to EPA rulemakings 
related to the NAAQS that occurred between January 1, 2014 and July 13, 
2016.\2\ These revisions update Illinois ambient air quality standards 
to reflect revisions and EPA actions that affect the Federal NAAQS.
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    \2\ Regulations that are ``identical-in-substance'' means State 
regulations which require the same actions with respect to 
protection of the environment, by the same group of affected 
persons, as would federal regulations if EPA administered the 
subject program in Illinois. See 415 ILCS 5/7.2(a).
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II. What are the State rule revisions?

35 IAC 243.105 Air Quality Monitoring Data Influenced by Exceptional 
Events

    Illinois amended 35 IAC 243.105 to incorporate changes to the 
schedule for flagging data and submitting exceptional events 
demonstrations considered for initial area designations (80 FR 65292, 
October 26, 2015). The changes include the addition of 
243.105(c)(2)(F), which identifies 243.Table A as the data submission 
process for a new or revised NAAQS. Also, 243.105(c)(3)(A) was revised 
to include an exception to the timing requirements for demonstration 
submissions that are allowed under 243.105(c)(2)(F).

35 IAC 243.108 Incorporations by Reference

    Illinois revised this section to incorporate by reference EPA's 
updated ``List of Designated Reference and Equivalent Methods'' from 
January 1, 2014, to July 13, 2016. EPA issued updated versions of the 
``List of Designated Reference and Equivalent Methods'' that included 
new Federal Equivalent Methods (FEMs) and Federal Reference Methods 
(FRMs) for monitoring of Carbon Monoxide (CO), Lead (Pb), oxides of 
nitrogen (NOX), O3, fine particulates 
(PM2.5), and coarse particulates (PM2.5-10). See 
79 FR 34734 (June 18, 2014), 79 FR 65392 (November 4, 2014), 80 FR 
32114 (June 5, 2015), 80 FR 12264 (August 26, 2015), 80 FR 72432 
(November 19, 2015), 81 FR 4292 (January 26, 2016), 81 FR 25397 (April 
28, 2016), and 81 FR 45284 (July 13, 2016).
    The list with all approved FEMs and FRMs is located at: https://www3.epa.gov/ttn/amtic/criteria.html.
    Illinois also added a statement to 35 IAC 243.108 that the 
incorporation by reference of EPA's promulgated monitoring methods 
``includes the following USEPA methods designations that occurred after 
June 17, 2016: 81 FR 45284 (July 13, 2016).''
    Additionally, Illinois updated 35 IAC 243.108 to incorporate by 
reference the 2016 versions of appendices A-1, A-2, B, C, D, F, G, H, 
I, J, K, L, N, O, P, Q, R, S, T and U of 40 CFR part 50. These 
appendices contain the reference monitoring methods for and the 
``interpretation'' of (i.e., data handling conventions and 
computations) the ambient standards for the criteria air pollutants.
    EPA made two changes in the 2015 versions of these appendices 
relative to the 2013 versions.\3\ First, EPA revised the appendix D 
reference method for the determination of O3 adding new 
methodology and retaining previous measurement techniques (80 FR 65292, 
October 26, 2015). Second, EPA added appendix U to 40 CFR 50 (80 FR 
65292, October 26, 2015). Appendix U, titled ``Interpretation of the 
Primary and

[[Page 32773]]

Secondary National Ambient Air Quality Standards for Ozone,'' explains 
the data handling conventions and computations necessary for 
determining when the primary and secondary NAAQS for O3 are 
met. Illinois' rule revisions incorporate by reference these amended 
CFR appendices.
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    \3\ EPA did not make any changes to the appendices in 2014.
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35 IAC 243.120 PM10 and PM2.5

    Illinois updated 35 IAC 243.120 to incorporate by reference the 
2015 versions of 40 CFR 50, the changes to which are discussed above. 
Additionally, Illinois corrected a citation in subsection (a)(2) to 40 
CFR 50.6, which contains the PM10 NAAQS. Previously this 
subsection had incorrectly cited to 40 CFR 51.6.

35 IAC 243.125 Ozone

    Illinois added subsection (b) to incorporate the 2015 primary and 
secondary eight-hour NAAQS for ozone. The 2015 NAAQS for ozone is 70 
parts per billion, determined by calculating the three-year average of 
the annual fourth-highest daily maximum eight-hour average (October 26, 
2015, 80 FR 65292).
    Additionally, Illinois removed subsection (a) ``1997 Primary and 
Secondary Eight-Hour NAAQS for Ozone,'' and renumbered former 
subsection (b), ``2008 Primary and Secondary Eight-Hour NAAQS for 
Ozone'' to new subsection (a). This was in response to EPA's 
promulgation of ``Implementation of the 2008 National Ambient Air 
Quality Standards for Ozone: State Implementation Plan Requirements'' 
(SIP Requirements Rule), where EPA, among other things, revised the 
1997 O3 NAAQS so that it no longer applies after the April 
6, 2016 effective date of the SIP Requirements Rule.\4\ For a detailed 
explanation of this action, see 80 FR 12264 (March 6, 2015).
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    \4\ The SIP Requirements Rule contained other requirements 
applicable to Illinois that are outside the scope of this 
``identical-in-substance'' rulemaking and will be addressed through 
separate actions.
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    Consistent with 40 CFR 50.19(c), the revised O3 
standards must be measured by either a FRM based on appendix D of 40 
CFR part 50, incorporated by reference in 35 IAC 243.108, or a FEM 
designated by EPA in accordance with 40 CFR part 53 and listed in EPA's 
``List of Designated Reference and Equivalent Methods,'' which is also 
incorporated by reference in 35 IAC 243.108.

35 IAC 243. Table A. Schedule for Flagging and Documentation Submission 
for Data Influenced by Exceptional Events for Use in Initial Area 
Designations

    Illinois amended Table A to update the flagging and document 
submission deadlines for exceptional events demonstrations considered 
for initial area designations for O3 to be consistent with 
EPA rulemaking as detailed in 80 FR 65292 (October 26, 2015).
    The flagging and initial event description deadlines for data years 
one, two and three depend on the following conditions: (1) If state and 
tribal initial designation recommendations for a new/revised NAAQS are 
due August through January, then the flagging and initial event 
description deadline will be the July 1 prior to the recommendation 
deadline; (2) if state and tribal recommendations for a new/revised 
NAAQS are due February through July, then the flagging and initial 
event description deadline will be the January 1 prior to the 
recommendation deadline. The exceptional events demonstration submittal 
deadline for data years one, two and three is no later than the date 
state and tribal recommendations are due to EPA. Flagging, initial 
event description and exceptional events demonstration submittal 
deadline for data year four, and, where applicable, data year five is 
by the last day of the month that is one year and seven months after 
promulgation of a new/revised NAAQS. The two exceptions to this 
deadline are: (1) If EPA follows a three-year designation schedule, the 
deadline is two years and seven months after promulgation of a new/
revised NAAQS; (2) if EPA notifies the state/tribe that it intends to 
complete the initial area designations process according to a schedule 
between two and three years, the deadline is five months prior to the 
date specified for final designations decisions in such EPA 
notification. The flagging and demonstration submittal deadlines are 
the same as the deadlines provided in Table 2 in 40 CFR 50.14.

III. Did the State hold public hearings for these submittals?

    Illinois held a public hearing for the rule changes discussed in 
the August 9, 2016, submittal on February 18, 2016. Illinois held a 
public hearing for the rule revisions discussed in the August 11, 2016, 
submittal on January 8, 2015. Illinois held a public hearing for the 
rule revisions discussed in the May 30, 2017 submittal on December 7, 
2016. Three comments pertaining to these submittals were received. The 
comments related to minor administrative issues and typographical 
errors, which were addressed by Illinois. No adverse comments were 
received.

IV. What is EPA's analysis of the State's submittals?

    EPA finds the state's requested SIP revisions to be approvable 
because the state's rule revisions make the state's air quality 
standards and associated monitoring requirements identical-in-substance 
to EPA's promulgated NAAQS and monitoring methods as revised through 
July 13, 2016.
    Additionally, EPA finds that the specified exceptional event 
flagging and demonstration submittal deadlines are approvable because 
they are consistent with the deadlines in 40 CFR 50.14.

V. What action is EPA taking?

    EPA is approving the submitted rule revisions as revisions of the 
Illinois SIP. Specifically, we are approving 35 IAC sections 243.105, 
243.108, 243.120, 243.125, and 243.Table A revised as discussed above, 
and we are incorporating by reference these revised rules into the 
Illinois SIP.
    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 18, 
2017 without further notice unless we receive relevant adverse written 
comments by August 17, 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 18, 2017.

[[Page 32774]]

VI. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Illinois 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, 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 by 
the Director of the Federal Register in the next update to the SIP 
compilation.\5\ EPA has made, and will continue to make, these 
documents generally available through www.regulations.gov and/or at the 
EPA Region 5 Office (please contact the person identified in the ``For 
Further Information Contact'' section of this preamble for more 
information).
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    \5\ 62 FR 27968 (May 22, 1997).
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VII. 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 (Public Law 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 18, 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: July 6, 2017.
Cheryl L. Newton,
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 (c) is amended under ``Part 
243: Air Quality Standards'':
0
a. Under ``Subpart A'', by revising the entries for ``243.105'' and 
``243.108''; and
0
b. Under ``Subpart B'', by revising the entries for ``243.120'', 
``243.124'', ``243.125'', and ``243.TABLE A''.
    The revisions read as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *

[[Page 32775]]



                                 EPA-Approved Illinois Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                        State        EPA approval
       Illinois citation          Title/subject    effective date        date                  Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Subchapter l: Air Quality Standards and Episodes
----------------------------------------------------------------------------------------------------------------
                                         Part 243: Air Quality Standards
----------------------------------------------------------------------------------------------------------------
                                          Subpart A: General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
243.105.......................  Air Quality              01/23/17  07/18/17,         ...........................
                                 Monitoring Data                    [Insert Federal
                                 Influenced by                      Register
                                 Exceptional                        citation].
                                 Events.
 
                                                  * * * * * * *
243.108.......................  Incorporation by         01/23/17  07/18/17 [Insert  ...........................
                                 Reference.                         Federal
                                                                    Register
                                                                    citation].
----------------------------------------------------------------------------------------------------------------
                                  Subpart B: Standards and Measurement Methods
----------------------------------------------------------------------------------------------------------------
243.120.......................  PM10 and PM2.5...        01/23/17  07/18/17 [Insert  ...........................
                                                                    Federal
                                                                    Register
                                                                    citation].
 
                                                  * * * * * * *
243.124.......................  Nitrogen Oxides          01/23/17  07/18/17 [Insert  ...........................
                                 (Nitrogen                          Federal
                                 Dioxide as                         Register
                                 Indicator).                        citation].
243.125.......................  Ozone............        01/23/17  07/18/17 [Insert  ...........................
                                                                    Federal
                                                                    Register
                                                                    citation].
 
                                                  * * * * * * *
243.TABLE A...................  Schedule of              01/23/17  07/18/17 [Insert  ...........................
                                 Exceptional                        Federal
                                 Event Flagging                     Register
                                 and                                citation].
                                 Documentation
                                 Submission for
                                 New or Revised
                                 NAAQS.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-14948 Filed 7-17-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                     Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Rules and Regulations                                                           32771

                                                                                    TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS—Continued
                                                                                                                                                State effective
                                                          State citation                                     Title/subject                                                    EPA approval date           Explanation
                                                                                                                                                     date

                                                         *                             *                            *                            *                        *                       *             *

                                                                                                                        Subchapter 2Q—Air Quality Permits

                                                                                                                         Section .0100          General Provisions


                                                      *                               *                           *                              *                        *                  *                  *
                                             Sect. .0103 .................................    Definitions ...................................        11/10/2005      7/18/2017 [Insert Federal Reg-
                                                                                                                                                                       ister citation].

                                                      *                               *                   *                                      *                        *                  *                  *
                                             Sect. .0105 .................................    Copies of Referenced Docu-                             11/10/2005      7/18/2017 [Insert Federal Reg-
                                                                                                ments.                                                                 ister citation].

                                                         *                             *                            *                            *                        *                       *             *

                                                                                                           Section .0300           Construction and Operating Permits


                                                      *                               *                         *                                *                        *                  *                  *
                                             Sect. .0304 .................................    Applications ................................          11/10/2005      7/18/2017 [Insert Federal Reg-
                                                                                                                                                                       ister citation].
                                             Sect. .0305 .................................    Application Submittal Content ....                     11/10/2005      7/18/2017 [Insert Federal Reg-
                                                                                                                                                                       ister citation].

                                                         *                             *                            *                            *                        *                       *             *

                                                                                                                        Section .0800           Exclusionary Rules


                                                      *                               *                        *                                 *                        *                  *                  *
                                             Sect. .0806 .................................    Cotton Gins ................................             3/11/2004     7/18/2017 [Insert Federal Reg-
                                                                                                                                                                       ister citation].

                                                      *                               *                     *                                    *                        *                  *                  *
                                             Sect. .0808 .................................    Peak Shaving Generators ..........                     11/10/2005      7/18/2017 [Insert Federal Reg-
                                                                                                                                                                       ister citation].
                                             Sect. .0810 .................................    Air Curtain Burners ....................               11/10/2005      7/18/2017 [Insert Federal Reg-
                                                                                                                                                                       ister citation].



                                             *       *        *       *        *                                 include the 2015 primary National                               Federal Register informing the public
                                             [FR Doc. 2017–14963 Filed 7–17–17; 8:45 am]                         Ambient Air Quality Standard (NAAQS)                            that the rule will not take effect.
                                             BILLING CODE 6560–50–P                                              for ozone (O3), add EPA-promulgated                             ADDRESSES:   Submit your comments,
                                                                                                                 monitoring methods for several NAAQS,                           identified by Docket ID No. EPA–R05–
                                                                                                                 and address EPA’s revocation of the                             OAR–2016–0512, EPA–R05–OAR–
                                             ENVIRONMENTAL PROTECTION                                            1997 O3 NAAQS. In addition, the
                                             AGENCY                                                                                                                              2016–0522, or EPA–R05–2017–0322 at
                                                                                                                 revised rules contain the timing                                https://www.regulations.gov or via email
                                             40 CFR Part 52                                                      requirements for the ‘‘flagging of                              to Aburano.Douglas@epa.gov. For
                                                                                                                 exceptional events’’ and the submission                         comments submitted at Regulations.gov,
                                             [EPA–R05–OAR–2016–0512; EPA–R05–                                    of documentation supporting                                     follow the online instructions for
                                             OAR–2016–0522; EPA–R05–OAR–2017–                                    exceptional events for the initial area                         submitting comments. Once submitted,
                                             0322; FRL–9964–97–Region 5]                                         designations for the 2015 primary                               comments cannot be edited or removed
                                                                                                                 annual O3 standard. These SIP revisions                         from Regulations.gov. For either manner
                                             Air Plan Approval; Illinois; NAAQS                                  update Illinois air pollution control                           of submission, EPA may publish any
                                             Updates                                                             regulations to be ‘‘identical-in-                               comment received to its public docket.
                                             AGENCY: Environmental Protection                                    substance’’ to EPA rulemakings related                          Do not submit electronically any
                                             Agency (EPA).                                                       to the NAAQS that occurred between                              information you consider to be
                                             ACTION: Direct final rule.                                          January 1, 2014 and June 17, 2016.                              Confidential Business Information (CBI)
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                                                                                                                                                                                 or other information whose disclosure is
                                                                                                                 DATES:  This direct final rule will be
                                             SUMMARY:   The Environmental Protection                                                                                             restricted by statute. Multimedia
                                             Agency (EPA) is approving revised rules                             effective September 18, 2017, unless                            submissions (audio, video, etc.) must be
                                             submitted by the State of Illinois as                               EPA receives adverse comments by                                accompanied by a written comment.
                                             State Implementation Plan (SIP)                                     August 17, 2017. If adverse comments                            The written comment is considered the
                                             revisions. The submitted rules update                               are received, EPA will publish a timely                         official comment and should include
                                             Illinois’ ambient air quality standards to                          withdrawal of the direct final rule in the                      discussion of all points you wish to


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                                             32772                Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Rules and Regulations

                                             make. EPA will generally not consider                     them to EPA as SIP revision requests.                 initial area designations (80 FR 65292,
                                             comments or comment contents located                      See, e.g., 415 ILCS 5/10(H).                          October 26, 2015). The changes include
                                             outside of the primary submission (i.e.,                     On August 9, 2016, the Illinois                    the addition of 243.105(c)(2)(F), which
                                             on the Web, cloud, or other file sharing                  Environmental Protection Agency                       identifies 243.Table A as the data
                                             system). For additional submission                        (IEPA) submitted to EPA for approval as               submission process for a new or revised
                                             methods, please contact the person                        SIP revisions: updating Illinois’ ambient             NAAQS. Also, 243.105(c)(3)(A) was
                                             identified in the FOR FURTHER                             air quality standards by revoking the                 revised to include an exception to the
                                             INFORMATION CONTACT section. For the                      1997 O3 NAAQS and adding the 2015                     timing requirements for demonstration
                                             full EPA public comment policy,                           primary O3 NAAQS; revising the timing                 submissions that are allowed under
                                             information about CBI or multimedia                       requirements for the ‘‘flagging of                    243.105(c)(2)(F).
                                             submissions, and general guidance on                      exceptional events’’ and the submission
                                                                                                       of demonstrations to justify data                     35 IAC 243.108 Incorporations by
                                             making effective comments, please visit                                                                         Reference
                                             https://www2.epa.gov/dockets/                             exclusion as a result of exceptional
                                             commenting-epa-dockets.                                   events for the initial designations for the              Illinois revised this section to
                                             FOR FURTHER INFORMATION CONTACT:                          2015 primary annual O3 standard; and                  incorporate by reference EPA’s updated
                                             Michelle Becker, Life Scientist,                          adding EPA-promulgated monitoring                     ‘‘List of Designated Reference and
                                             Attainment Planning and Maintenance                       methods. These updates correspond to                  Equivalent Methods’’ from January 1,
                                             Section, Air Programs Branch (AR–18J),                    revisions to the NAAQS adopted by                     2014, to July 13, 2016. EPA issued
                                             Environmental Protection Agency,                          EPA during the period January 1, 2015                 updated versions of the ‘‘List of
                                             Region 5, 77 West Jackson Boulevard,                      through June 30, 2015, August 26, 2015,               Designated Reference and Equivalent
                                             Chicago, Illinois 60604, (312) 886–3901,                  October 26, 2015, and November 19,                    Methods’’ that included new Federal
                                             Becker.Michelle@epa.gov.                                  2015. The Illinois Pollution Control                  Equivalent Methods (FEMs) and Federal
                                                                                                       Board (IPCB) adopted these rule                       Reference Methods (FRMs) for
                                             SUPPLEMENTARY INFORMATION:
                                                                                                       revisions on March 3, 2016.                           monitoring of Carbon Monoxide (CO),
                                             Throughout this document whenever                            On August 11, 2016, IEPA submitted                 Lead (Pb), oxides of nitrogen (NOX), O3,
                                             ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean               to EPA for approval as SIP revisions                  fine particulates (PM2.5), and coarse
                                             EPA. This supplementary information                       additional updates to the methods used                particulates (PM2.5–10). See 79 FR 34734
                                             section is arranged as follows:                           by Illinois to monitor air quality for                (June 18, 2014), 79 FR 65392 (November
                                             I. When and why did the State make these                  several NAAQS. These updates                          4, 2014), 80 FR 32114 (June 5, 2015), 80
                                                   submittals?                                         correspond to EPA’s revised monitoring                FR 12264 (August 26, 2015), 80 FR
                                             II. What are the State rule revisions?                    methods promulgated during the period
                                             III. Did the State hold public hearings for                                                                     72432 (November 19, 2015), 81 FR 4292
                                                                                                       of January 1, 2014, through December                  (January 26, 2016), 81 FR 25397 (April
                                                   these submittals?
                                             IV. What is EPA’s analysis of the State’s                 18, 2014. The IPCB adopted these rule                 28, 2016), and 81 FR 45284 (July 13,
                                                   submittals?                                         revisions on March 5, 2015.                           2016).
                                             V. What action is EPA taking?                                On May 30, 2017, IEPA submitted to                    The list with all approved FEMs and
                                             VI. Incorporation by Reference.                           EPA for approval as SIP revisions                     FRMs is located at: https://
                                             VII. Statutory and Executive Order Reviews.               additional updates to the methods used                www3.epa.gov/ttn/amtic/criteria.html.
                                                                                                       by Illinois to monitor air quality for                   Illinois also added a statement to 35
                                             I. When and why did the State make
                                                                                                       several NAAQS. These updates                          IAC 243.108 that the incorporation by
                                             these submittals?
                                                                                                       correspond to EPA’s revised monitoring                reference of EPA’s promulgated
                                                Section 109 of the Clean Air Act                       methods promulgated during the period                 monitoring methods ‘‘includes the
                                             (CAA) requires EPA to establish                           of January 1, 2016, through July 13,                  following USEPA methods designations
                                             national primary (protective of human                     2016. The IPCB adopted these rule                     that occurred after June 17, 2016: 81 FR
                                             health) and secondary (protective of                      revisions on January 19, 2017.                        45284 (July 13, 2016).’’
                                             human welfare) air quality standards for                     The proposed SIP revisions would                      Additionally, Illinois updated 35 IAC
                                             pollutants for which air quality criteria                 update Illinois air pollution control                 243.108 to incorporate by reference the
                                             have been issued under Section 108 of                     regulations to be ‘‘identical-in-                     2016 versions of appendices A–1, A–2,
                                             the CAA (the criteria pollutants 1).                      substance’’ to EPA rulemakings related                B, C, D, F, G, H, I, J, K, L, N, O, P, Q,
                                             Individually and collectively these                       to the NAAQS that occurred between                    R, S, T and U of 40 CFR part 50. These
                                             standards are referred to as NAAQS.                       January 1, 2014 and July 13, 2016.2                   appendices contain the reference
                                             Section 109(d)(1) of the CAA requires                     These revisions update Illinois ambient               monitoring methods for and the
                                             EPA to review, and if necessary, based                    air quality standards to reflect revisions            ‘‘interpretation’’ of (i.e., data handling
                                             on accumulated health and welfare data,                   and EPA actions that affect the Federal               conventions and computations) the
                                             to revise each NAAQS every five years.                    NAAQS.                                                ambient standards for the criteria air
                                             If a NAAQS is revised, states whose                       II. What are the State rule revisions?                pollutants.
                                             rules include state air quality standards                                                                          EPA made two changes in the 2015
                                             may revise their rules to address the                     35 IAC 243.105 Air Quality Monitoring                 versions of these appendices relative to
                                             revised NAAQS and associated                              Data Influenced by Exceptional Events                 the 2013 versions.3 First, EPA revised
                                             monitoring requirements, and submit                          Illinois amended 35 IAC 243.105 to                 the appendix D reference method for the
                                                                                                       incorporate changes to the schedule for               determination of O3 adding new
                                                1 The criteria pollutants are ozone (O ), nitrogen
                                                                                      3                flagging data and submitting exceptional              methodology and retaining previous
                                             oxides (represented by nitrogen dioxide (NO2)),
                                                                                                       events demonstrations considered for                  measurement techniques (80 FR 65292,
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                                             sulfur oxides (represented by sulfur dioxide (SO2)),
                                             carbon monoxide (CO), particulate matter                                                                        October 26, 2015). Second, EPA added
                                             (represented by total suspended particulates (TSP),         2 Regulations that are ‘‘identical-in-substance’’
                                                                                                                                                             appendix U to 40 CFR 50 (80 FR 65292,
                                             particulates (PM10), and fine particulates (PM2.5)),      means State regulations which require the same        October 26, 2015). Appendix U, titled
                                             and lead (Pb). Note that Illinois also has air quality    actions with respect to protection of the
                                             standard and monitoring rules for ‘‘coarse                environment, by the same group of affected persons,   ‘‘Interpretation of the Primary and
                                             particulate matter’’ (PM2.5–10), although this is not     as would federal regulations if EPA administered
                                             a criteria pollutant and is generally considered to       the subject program in Illinois. See 415 ILCS 5/        3 EPA did not make any changes to the

                                             be included in PM10.                                      7.2(a).                                               appendices in 2014.



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                                                                 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Rules and Regulations                                          32773

                                             Secondary National Ambient Air                           35 IAC 243. Table A. Schedule for                     submittals were received. The
                                             Quality Standards for Ozone,’’ explains                  Flagging and Documentation                            comments related to minor
                                             the data handling conventions and                        Submission for Data Influenced by                     administrative issues and typographical
                                             computations necessary for determining                   Exceptional Events for Use in Initial                 errors, which were addressed by
                                             when the primary and secondary                           Area Designations                                     Illinois. No adverse comments were
                                             NAAQS for O3 are met. Illinois’ rule                        Illinois amended Table A to update                 received.
                                             revisions incorporate by reference these                 the flagging and document submission                  IV. What is EPA’s analysis of the State’s
                                             amended CFR appendices.                                  deadlines for exceptional events                      submittals?
                                                                                                      demonstrations considered for initial
                                             35 IAC 243.120        PM10 and PM2.5
                                                                                                      area designations for O3 to be consistent               EPA finds the state’s requested SIP
                                                Illinois updated 35 IAC 243.120 to                    with EPA rulemaking as detailed in 80                 revisions to be approvable because the
                                             incorporate by reference the 2015                        FR 65292 (October 26, 2015).                          state’s rule revisions make the state’s air
                                             versions of 40 CFR 50, the changes to                       The flagging and initial event                     quality standards and associated
                                             which are discussed above.                               description deadlines for data years one,             monitoring requirements identical-in-
                                             Additionally, Illinois corrected a                       two and three depend on the following                 substance to EPA’s promulgated
                                             citation in subsection (a)(2) to 40 CFR                  conditions: (1) If state and tribal initial           NAAQS and monitoring methods as
                                                                                                      designation recommendations for a                     revised through July 13, 2016.
                                             50.6, which contains the PM10 NAAQS.
                                                                                                      new/revised NAAQS are due August
                                             Previously this subsection had                                                                                   Additionally, EPA finds that the
                                                                                                      through January, then the flagging and
                                             incorrectly cited to 40 CFR 51.6.                        initial event description deadline will               specified exceptional event flagging and
                                                                                                      be the July 1 prior to the                            demonstration submittal deadlines are
                                             35 IAC 243.125        Ozone                                                                                    approvable because they are consistent
                                                                                                      recommendation deadline; (2) if state
                                                Illinois added subsection (b) to                      and tribal recommendations for a new/                 with the deadlines in 40 CFR 50.14.
                                             incorporate the 2015 primary and                         revised NAAQS are due February                        V. What action is EPA taking?
                                             secondary eight-hour NAAQS for ozone.                    through July, then the flagging and
                                             The 2015 NAAQS for ozone is 70 parts                     initial event description deadline will                  EPA is approving the submitted rule
                                             per billion, determined by calculating                   be the January 1 prior to the                         revisions as revisions of the Illinois SIP.
                                             the three-year average of the annual                     recommendation deadline. The                          Specifically, we are approving 35 IAC
                                             fourth-highest daily maximum eight-                      exceptional events demonstration                      sections 243.105, 243.108, 243.120,
                                             hour average (October 26, 2015, 80 FR                    submittal deadline for data years one,                243.125, and 243.Table A revised as
                                             65292).                                                  two and three is no later than the date               discussed above, and we are
                                                                                                      state and tribal recommendations are                  incorporating by reference these revised
                                                Additionally, Illinois removed
                                                                                                      due to EPA. Flagging, initial event                   rules into the Illinois SIP.
                                             subsection (a) ‘‘1997 Primary and                        description and exceptional events
                                             Secondary Eight-Hour NAAQS for                                                                                    We are publishing this action without
                                                                                                      demonstration submittal deadline for                  prior proposal because we view this as
                                             Ozone,’’ and renumbered former                           data year four, and, where applicable,
                                             subsection (b), ‘‘2008 Primary and                                                                             a noncontroversial amendment and
                                                                                                      data year five is by the last day of the              anticipate no adverse comments.
                                             Secondary Eight-Hour NAAQS for                           month that is one year and seven
                                             Ozone’’ to new subsection (a). This was                                                                        However, in the proposed rules section
                                                                                                      months after promulgation of a new/
                                             in response to EPA’s promulgation of                                                                           of this Federal Register publication, we
                                                                                                      revised NAAQS. The two exceptions to
                                             ‘‘Implementation of the 2008 National                                                                          are publishing a separate document that
                                                                                                      this deadline are: (1) If EPA follows a
                                             Ambient Air Quality Standards for                                                                              will serve as the proposal to approve the
                                                                                                      three-year designation schedule, the
                                             Ozone: State Implementation Plan                                                                               state plan if relevant adverse written
                                                                                                      deadline is two years and seven months
                                             Requirements’’ (SIP Requirements Rule),                  after promulgation of a new/revised                   comments are filed. This rule will be
                                             where EPA, among other things, revised                   NAAQS; (2) if EPA notifies the state/                 effective September 18, 2017 without
                                             the 1997 O3 NAAQS so that it no longer                   tribe that it intends to complete the                 further notice unless we receive relevant
                                                                                                      initial area designations process                     adverse written comments by August
                                             applies after the April 6, 2016 effective
                                                                                                      according to a schedule between two                   17, 2017. If we receive such comments,
                                             date of the SIP Requirements Rule.4 For
                                                                                                      and three years, the deadline is five                 we will withdraw this action before the
                                             a detailed explanation of this action, see
                                                                                                      months prior to the date specified for                effective date by publishing a
                                             80 FR 12264 (March 6, 2015).
                                                                                                      final designations decisions in such                  subsequent document that will
                                                Consistent with 40 CFR 50.19(c), the                                                                        withdraw the final action. All public
                                                                                                      EPA notification. The flagging and
                                             revised O3 standards must be measured                    demonstration submittal deadlines are                 comments received will then be
                                             by either a FRM based on appendix D                      the same as the deadlines provided in                 addressed in a subsequent final rule
                                             of 40 CFR part 50, incorporated by                       Table 2 in 40 CFR 50.14.                              based on the proposed action. EPA will
                                             reference in 35 IAC 243.108, or a FEM                                                                          not institute a second comment period.
                                             designated by EPA in accordance with                     III. Did the State hold public hearings               Any parties interested in commenting
                                             40 CFR part 53 and listed in EPA’s ‘‘List                for these submittals?                                 on this action should do so at this time.
                                             of Designated Reference and Equivalent                      Illinois held a public hearing for the             Please note that if EPA receives adverse
                                             Methods,’’ which is also incorporated                    rule changes discussed in the August 9,               comment on an amendment, paragraph,
                                             by reference in 35 IAC 243.108.                          2016, submittal on February 18, 2016.                 or section of this rule and if that
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                                                                                                      Illinois held a public hearing for the                provision may be severed from the
                                                                                                      rule revisions discussed in the August                remainder of the rule, EPA may adopt
                                               4 The SIP Requirements Rule contained other
                                                                                                      11, 2016, submittal on January 8, 2015.               as final those provisions of the rule that
                                             requirements applicable to Illinois that are outside
                                                                                                      Illinois held a public hearing for the                are not the subject of an adverse
                                             the scope of this ‘‘identical-in-substance’’             rule revisions discussed in the May 30,               comment. If we do not receive any
                                             rulemaking and will be addressed through separate        2017 submittal on December 7, 2016.                   comments, this action will be effective
                                             actions.                                                 Three comments pertaining to these                    September 18, 2017.


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                                             32774                 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Rules and Regulations

                                             VI. Incorporation by Reference                                • Does not contain any unfunded                    action must be filed in the United States
                                               In this rule, EPA is finalizing                          mandate or significantly or uniquely                  Court of Appeals for the appropriate
                                             regulatory text that includes                              affect small governments, as described                circuit by September 18, 2017. Filing a
                                             incorporation by reference. In                             in the Unfunded Mandates Reform Act                   petition for reconsideration by the
                                             accordance with requirements of 1 CFR                      of 1995 (Public Law 104–4);                           Administrator of this final rule does not
                                             51.5, EPA is finalizing the incorporation                     • Does not have Federalism                         affect the finality of this action for the
                                             by reference of the Illinois Regulations                   implications as specified in Executive                purposes of judicial review nor does it
                                             described in the amendments to 40 CFR                      Order 13132 (64 FR 43255, August 10,                  extend the time within which a petition
                                             part 52 set forth below. Therefore, these                  1999);                                                for judicial review may be filed, and
                                             materials have been approved by EPA                           • Is not an economically significant               shall not postpone the effectiveness of
                                             for inclusion in the State                                 regulatory action based on health or                  such rule or action. Parties with
                                             implementation plan, have been                             safety risks subject to Executive Order               objections to this direct final rule are
                                             incorporated by reference by EPA into                      13045 (62 FR 19885, April 23, 1997);                  encouraged to file a comment in
                                             that plan, are fully federally enforceable                    • Is not a significant regulatory action           response to the parallel notice of
                                             under sections 110 and 113 of the CAA                      subject to Executive Order 13211 (66 FR               proposed rulemaking for this action
                                             as of the effective date of the final                      28355, May 22, 2001);                                 published in the proposed rules section
                                             rulemaking of EPA’s approval, and will                        • Is not subject to requirements of                of today’s Federal Register, rather than
                                             be incorporated by reference by the                        Section 12(d) of the National                         file an immediate petition for judicial
                                             Director of the Federal Register in the                    Technology Transfer and Advancement                   review of this direct final rule, so that
                                             next update to the SIP compilation.5                       Act of 1995 (15 U.S.C. 272 note) because              EPA can withdraw this direct final rule
                                             EPA has made, and will continue to                         application of those requirements would               and address the comment in the
                                             make, these documents generally                            be inconsistent with the CAA; and                     proposed rulemaking. This action may
                                             available through www.regulations.gov                         • Does not provide EPA with the                    not be challenged later in proceedings to
                                             and/or at the EPA Region 5 Office                          discretionary authority to address, as                enforce its requirements. (See section
                                             (please contact the person identified in                   appropriate, disproportionate human                   307(b)(2).)
                                             the ‘‘For Further Information Contact’’                    health or environmental effects, using
                                                                                                        practicable and legally permissible                   List of Subjects in 40 CFR Part 52
                                             section of this preamble for more
                                             information).                                              methods, under Executive Order 12898                    Environmental protection, Air
                                                                                                        (59 FR 7629, February 16, 1994).                      pollution control, Carbon monoxide,
                                             VII. Statutory and Executive Order                            In addition, the SIP is not approved               Incorporation by reference,
                                             Reviews                                                    to apply on any Indian reservation land               Intergovernmental relations, Lead,
                                               Under the CAA, the Administrator is                      or in any other area where EPA or an                  Nitrogen dioxide, Ozone, Particulate
                                             required to approve a SIP submission                       Indian tribe has demonstrated that a                  matter, Reporting and recordkeeping
                                             that complies with the provisions of the                   tribe has jurisdiction. In those areas of             requirements, Sulfur oxides.
                                             CAA and applicable Federal regulations.                    Indian country, the rule does not have
                                                                                                                                                                Dated: July 6, 2017.
                                             42 U.S.C. 7410(k); 40 CFR 52.02(a).                        tribal implications and will not impose
                                                                                                        substantial direct costs on tribal                    Cheryl L. Newton,
                                             Thus, in reviewing SIP submissions,
                                                                                                        governments or preempt tribal law as                  Acting Regional Administrator, Region 5.
                                             EPA’s role is to approve state choices,
                                             provided that they meet the criteria of                    specified by Executive Order 13175 (65                    40 CFR part 52 is amended as follows:
                                             the CAA. Accordingly, this action                          FR 67249, November 9, 2000).
                                             merely approves state law as meeting                          The Congressional Review Act, 5                    PART 52—APPROVAL AND
                                             Federal requirements and does not                          U.S.C. 801 et seq., as added by the Small             PROMULGATION OF
                                             impose additional requirements beyond                      Business Regulatory Enforcement                       IMPLEMENTATION PLANS
                                             those imposed by state law. For that                       Fairness Act of 1996, generally provides
                                             reason, this action:                                       that before a rule may take effect, the               ■ 1. The authority citation for part 52
                                               • Is not a significant regulatory action                 agency promulgating the rule must                     continues to read as follows:
                                             subject to review by the Office of                         submit a rule report, which includes a                    Authority: 42 U.S.C. 7401 et seq.
                                             Management and Budget under                                copy of the rule, to each House of the
                                                                                                        Congress and to the Comptroller General               ■  2. In § 52.720 the table in paragraph
                                             Executive Orders 12866 (58 FR 51735,                                                                             (c) is amended under ‘‘Part 243: Air
                                             October 4, 1993) and 13563 (76 FR 3821,                    of the United States. EPA will submit a
                                                                                                        report containing this action and other               Quality Standards’’:
                                             January 21, 2011);
                                                                                                                                                              ■ a. Under ‘‘Subpart A’’, by revising the
                                               • Does not impose an information                         required information to the U.S. Senate,
                                             collection burden under the provisions                     the U.S. House of Representatives, and                entries for ‘‘243.105’’ and ‘‘243.108’’;
                                             of the Paperwork Reduction Act (44                         the Comptroller General of the United                 and
                                             U.S.C. 3501 et seq.);                                      States prior to publication of the rule in            ■ b. Under ‘‘Subpart B’’, by revising the
                                               • Is certified as not having a                           the Federal Register. A major rule                    entries for ‘‘243.120’’, ‘‘243.124’’,
                                             significant economic impact on a                           cannot take effect until 60 days after it             ‘‘243.125’’, and ‘‘243.TABLE A’’.
                                             substantial number of small entities                       is published in the Federal Register.                    The revisions read as follows:
                                             under the Regulatory Flexibility Act (5                    This action is not a ‘‘major rule’’ as
                                                                                                                                                              § 52.720    Identification of plan.
                                             U.S.C. 601 et seq.);                                       defined by 5 U.S.C. 804(2).
                                                                                                           Under section 307(b)(1) of the CAA,                *       *    *      *      *
                                                                                                                                                                  (c) * * *
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                                               5 62   FR 27968 (May 22, 1997).                          petitions for judicial review of this




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                                                                      Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Rules and Regulations                                                     32775

                                                                                                     EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES
                                                                                                                                                 State effective
                                                          Illinois citation                                   Title/subject                                                    EPA approval date       Comments
                                                                                                                                                      date


                                                          *                             *                            *                            *                        *                       *       *

                                                                                                              Subchapter l: Air Quality Standards and Episodes

                                                                                                                            Part 243: Air Quality Standards

                                                                                                                             Subpart A: General Provisions


                                                      *                                 *                      *                                  *                        *                   *           *
                                             243.105 .......................................   Air Quality Monitoring Data Influ-                        01/23/17     07/18/17, [Insert Federal Reg-
                                                                                                 enced by Exceptional Events.                                           ister citation].

                                                      *                                 *                      *                                  *                        *                  *            *
                                             243.108 .......................................   Incorporation by Reference ........                       01/23/17     07/18/17 [Insert Federal Reg-
                                                                                                                                                                        ister citation].

                                                                                                              Subpart B: Standards and Measurement Methods

                                             243.120 .......................................   PM10 and PM2.5 .........................                  01/23/17     07/18/17 [Insert Federal Reg-
                                                                                                                                                                        ister citation].

                                                      *                                 *                          *                              *                        *                  *            *
                                             243.124 .......................................   Nitrogen Oxides (Nitrogen Diox-                           01/23/17     07/18/17 [Insert Federal Reg-
                                                                                                 ide as Indicator).                                                     ister citation].
                                             243.125 .......................................   Ozone .........................................           01/23/17     07/18/17 [Insert Federal Reg-
                                                                                                                                                                        ister citation].

                                                     *                             *                         *                                    *                        *                  *            *
                                             243.TABLE A ..............................        Schedule of Exceptional Event                             01/23/17     07/18/17 [Insert Federal Reg-
                                                                                                 Flagging and Documentation                                             ister citation].
                                                                                                 Submission for New or Re-
                                                                                                 vised NAAQS.

                                                          *                             *                            *                            *                        *                       *       *



                                             *       *         *        *        *
                                             [FR Doc. 2017–14948 Filed 7–17–17; 8:45 am]
                                             BILLING CODE 6560–50–P
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Document Created: 2018-10-24 11:24:39
Document Modified: 2018-10-24 11:24:39
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 will be effective September 18, 2017, unless EPA receives adverse comments by August 17, 2017. 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.
ContactMichelle Becker, Life Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3901, [email protected]
FR Citation82 FR 32771 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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