83 FR 13198 - Air Plan Approval; Illinois; Redesignation of the Chicago and Granite City Areas to Attainment of the 2008 Lead Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 60 (March 28, 2018)
Federal Register Volume 83, Issue 60 (March 28, 2018)
| Page Range | 13198-13203 | |
| FR Document | 2018-06128 |
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)] [Rules and Regulations] [Pages 13198-13203] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06128] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R05-OAR-2016-0593; FRL-9975-93--Region 5] Air Plan Approval; Illinois; Redesignation of the Chicago and Granite City Areas to Attainment of the 2008 Lead Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving the Illinois Environmental Protection Agency's (Illinois EPA's) request to redesignate the Chicago and Granite City nonattainment areas (hereafter also referred to as the ``areas'') to attainment for the 2008 national ambient air quality standards (NAAQS or standards) for lead, also identified as Pb. EPA is also approving, as revisions to the Illinois state implementation plan (SIP): The state's plan for maintaining the 2008 lead NAAQS in the areas for a period of ten years following these redesignations; the emissions inventories for the areas; and rules applying emission limits and other control requirements to lead sources in the areas. EPA is taking these actions in accordance with applicable regulations and guidance that address implementation of the 2008 lead NAAQS. EPA proposed this action on October 18, 2017, and received two public comments in response. DATES: This final rule is effective on March 28, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2016-0593. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Eric Svingen, Environmental Engineer, at (312) 353- 4489 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [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: Is used, we mean EPA. This supplementary information section is arranged as follows: I. What is the background for this final rule? II. What are EPA's responses to comments? III. What actions is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. What is the background for this final rule? On November 12, 2008 (73 FR 66964), EPA established the 2008 primary and secondary lead NAAQS at 0.15 micrograms per cubic meter ([mu]g/m\3\) based on a maximum arithmetic 3-month mean concentration for a 3-year period. See 40 CFR 50.16. On November 22, 2010 (75 FR 71033), and November 22, 2011 (76 FR 72097), EPA designated the Granite City and Chicago areas, respectively, as nonattainment for the 2008 lead NAAQS. See 40 CFR 81.314. On January 9, 2014, Illinois EPA submitted to EPA attainment plans for the 2008 lead NAAQS. This submission included a request to incorporate into the Illinois SIP new rules for lead emission sources at Title 35 Illinois Administrative Code (Ill. Adm. Code) Part 226. On June 17, 2014, Illinois EPA supplemented this submission with [[Page 13199]] additional information regarding the state rulemaking process. On August 24, 2015 (80 FR 51127), EPA published a clean data determination for the Chicago area, based upon air monitoring data for the 2012-2014 design period showing that the area achieved attainment of the 2008 Pb NAAQS. On September 22, 2016, Illinois EPA requested that the Granite City and Chicago lead nonattainment areas be redesignated to attainment for the 2008 lead NAAQS and submitted maintenance plans for the areas as a proposed revision to the Illinois SIP. In this September 22, 2016, submission, Illinois EPA withdrew most parts of the previous two submissions, but did not withdraw the request that EPA approve, as a revision to the Illinois SIP, the requirements at 35 Ill. Adm. Code Part 226 to limit lead emissions in the areas. Illinois similarly did not withdraw certain attachments and support documents, such as emissions inventories and modeling data, that are relevant to the request. On February 16, 2017, Illinois EPA clarified certain details regarding the maintenance plan components of its September 22, 2016 submission. On October 18, 2017 (82 FR 48448), EPA published a direct final rule approving Illinois EPA's request to redesignate the Chicago and Granite City nonattainment areas to attainment for the 2008 lead NAAQS, the state's maintenance plans for the areas, emissions inventories for the areas, and rules applying emission limits and other control requirements to lead sources in the areas. EPA also concurrently issued a proposal on October 18, 2017 (82 FR 48475). The direct final rule contains a detailed analysis of Illinois's submittal and the applicable requirements for purpose of redesignation. In the direct final rule, EPA stated that if adverse comments were received by November 17, 2017, the rule would be withdrawn and would not take effect. EPA received an adverse comment prior to the close of the comment period; therefore, on December 8, 2017 (82 FR 57853), EPA published a withdrawal of the direct final rule. EPA is addressing that adverse comment, as well as an additional comment, in this final action. II. What are EPA's responses to comments? During the comment period, EPA received two comments, one of which is adverse. A summary of both comments and EPA's responses are provided below. Comment 1: A commenter writes that EPA ``should request to redesign [sic] Chicago and Granite City nonattainment areas because it will be good for the environment.'' The commenter further writes that ``in order to redesign the nonattainment areas in Chicago, workers should look for a solution for proper sanitation and developing a better ecosystem. Workers should focus on the factors that caused the area to become nonattainment. They should also measure the environmental conditions such as the temperature of the area.'' The commenter notes that ``high amounts of pollution can put people's health at risk'' and ``if there are high amounts of pollution in the area then the area is considered to be nonattainment.'' Response 1: This comment does not provide information that would alter EPA's evaluation of the State's request to redesignate the Chicago and Granite City areas, which is based on the applicable statutory criteria. 82 FR 48448, 48450-56. EPA agrees that high amounts of pollution can be deleterious to public health, and notes that Illinois' control measures at 35 Ill. Adm. Code Part 226 address the main factors that caused the areas to be designated as nonattainment for the 2008 lead NAAQS. Comment 2: A commenter writes that EPA ``shouldn't approve this redesignation request due to the unachievable limits modeled for the Mayco and H. Kramer sources'' within the Granite City and Chicago areas, respectively. Specifically, the commenter identifies the following as sources with ``limits modeled that are impossible to acheive [sic] in practice'': Four sources at H. Kramer with limits of 0.0001 grains per dry standard cubic foot (gr/dscf); a wet scrubber, existing baghouse and one power vent at H. Kramer with limits of 0.00001 gr/dscf; and unspecified point sources at Mayco with limits of 0.01 and 0.001 grs/dscf. Regarding the limit of 0.00001 gr/dscf, the commenter states that ``filter cartridge manufacturers state they cannot guarantee capture efficiency or even control efficiency at such a minute standard.'' The commenter further writes that ``EPA must be able to show that these modeled limits are actually achievable in practice otherwise the redesignation request is faulted to an extraordinary degree.'' Response 2: EPA disagrees with the commenter's statements, and notes that the commenter has supplied no evidence supporting claims that the control measures applying to the H. Kramer and Mayco facilities are unachievable. EPA is not required by section 107(d)(3)(E) of the CAA to demonstrate that permanent and federally enforceable measures are achievable in practice in order to rely on those measures for purposes of redesignation. In any case, as discussed below, Illinois EPA has provided emissions test information that show the limits are achievable and are being met. The lead limits applicable to emission units at the H. Kramer and Mayco sources are codified at 35 Ill. Adm. Code Part 226. EPA notes that the commenter has mischaracterized the limits that apply to Mayco. As shown in the modeling analysis submitted by Illinois on January 9, 2014, there is no emission unit at Mayco subject to limits of 0.01 gr/ dscf. In fact, the modeling in Illinois' submission lists four emission units at Mayco: One baghouse limited to 0.001 gr/dscf, as well as three baghouses limited to 0.0001 gr/dscf. Similarly, the modeling lists seven emission units at H. Kramer: Two powered vents and two new baghouses limited to 0.0001 gr/dscf, as well as one powered vent, one older baghouse, and one wet scrubber limited to 0.00001 gr/dscf. On December 7, 2017, and on March 14, 2018, in support of this final rulemaking, Illinois EPA provided EPA with information relevant to this comment. That information is provided in the docket for this rulemaking. Illinois EPA's information includes reports of emissions tests from the H. Kramer and Mayco facilities, and all available results indicate compliance with the applicable limits. Emissions tests conducted at H. Kramer in March 2016 indicate that the average concentration of lead emissions from H. Kramer's older baghouse and wet scrubber are 0.000000602 gr/dscf and 0.000000738 gr/ dscf, respectively, within the applicable limit of 0.00001 gr/dscf. Tests conducted at H. Kramer in April 2012 and June 2012 indicate that the average concentration of lead emissions from powered vents labeled ``R1COOL'' AND ``R2COOL'' are 0.0000531 gr/dscf and 0.0000491 gr/dscf, respectively, within the applicable limit of 0.0001 gr/dscf, and the average concentration of lead emissions from powered vent labeled ``INGOT'' is 0.0000055 gr/dscf, within the applicable limit of 0.00001 gr/dscf. Tests conducted at H. Kramer in September 2013 indicate that the average concentration of lead emissions from new baghouses A and B are 0.000003 gr/dscf and 0.000001 gr/dscf, respectively, within the applicable limit of 0.0001 gr/dscf. Emissions tests conducted at Mayco in April 2016 and June 2016 also indicate that the average concentration of lead emissions from all units are within applicable limits. Tests of [[Page 13200]] Baghouse 1, also identified as ``cast-refine baghouse,'' showed emissions of 0.000081 gr/dscf, within the applicable limit of 0.0001 gr/dscf. Tests of Baghouse 2, also identified as ``casting fugitives baghouse,'' showed emissions of 0.000014 gr/dscf, within the applicable limit of 0.001 gr/dscf. Tests of Baghouse 3, also identified as ``lead wool cartridge filter,'' showed emissions of 0.000023 gr/dscf, within the applicable limit of 0.0001 gr/dscf. Tests of Baghouse 6, also identified as ``shot department baghouse discharge,'' showed emissions of 0.000001 gr/dscf, within the applicable limit of 0.0001 gr/dscf. All tests were conducted according to EPA test methods provided at 40 CFR part 60, appendix A, and all measured values are within the limits provided at 35 Ill. Adm. Code Part 226. Therefore, EPA does not agree with commenter that these limits are unachievable in practice. Furthermore, the commenter's broad allegation regarding efficiency guarantees from cartridge manufacturers does not provide adequate support for the position that the limits are not achievable. The commenter did not include any details about what the manufacturer purportedly stated as to the control or capture efficiencies. In the information provided in December 2017, Illinois EPA noted that manufacturer statements about control and capture efficiencies usually apply to particulate matter emissions and are not specific to lead emissions. At H. Kramer and Mayco, lead is a small percentage of total particulate emitted from each point source, and lead emissions cannot be determined without additional laboratory analysis. Therefore, it is likely that any claim by a manufacturer regarding ``capture efficiency'' or ``control efficiency'' would not have been provided specifically with respect to lead in terms of gr/dscf. As such, those statements provide no relevant support for the contention that Illinois' lead limits are unachievable. Additionally, monitoring data show that ambient levels of lead pollution in these areas have fallen to lower levels within the standard of 0.15 [mu]g/m\3\ since the emission limits and control measures in 35 Ill. Adm. Code Part 226 became effective. This supports EPA's redesignation of the areas to attainment because it shows the areas continue to attain the standard, and these improvements in air quality are due to permanent and enforceable measures that result from implementation of the SIP, which are two of the statutory criteria that EPA must demonstrate to redesignate an area under CAA section 107(d)(3)(E). 82 FR 48454. III. What actions is EPA taking? EPA is approving Illinois' request to redesignate the Chicago and Granite City areas from nonattainment to attainment for the 2008 lead NAAQS under section 107(d)(3)(E) of the Clean Air Act (CAA). Specifically, section 107(d)(3)(E) of the CAA allows for redesignation provided that: (1) The Administrator determines that the area has attained the applicable NAAQS based on current air quality data; (2) the Administrator has fully approved an applicable SIP for the area under section 110(k) of the CAA; (3) the Administrator determines that the improvement in air quality is due to permanent and enforceable emission reductions resulting from implementation of the applicable SIP, Federal air pollution control regulations, or other permanent and enforceable emission reductions; (4) the Administrator has fully approved a maintenance plan for the area meeting the requirements of section 175A of the CAA; and (5) the state containing the area has met all requirements applicable to the area for purposes of redesignation under section 110 and the requirements for nonattainment areas under part D of the CAA. Based upon the analysis provided in our direct final rule published on October 18, 2017 (82 FR 48448), EPA finds that Illinois has met these criteria. Approval of this redesignation request changes the official designation of the Chicago, Illinois and Granite City, Illinois areas for the 2008 lead NAAQS, found at 40 CFR part 81, from nonattainment to attainment. This action also approves, as revisions to the Illinois SIP, the rules at 35 Ill. Adm. Code Part 226, maintenance plans for the 2008 lead standard in the Chicago and Granite City areas, and Illinois' 2012 emissions inventories for the Chicago and Granite City areas pursuant to section 172(c)(3) of the CAA. Section 172(c)(3) of the CAA requires areas to submit a comprehensive emissions inventory including all lead sources in the nonattainment area. EPA is approving the Illinois 2012 emissions inventories outlined in Table 5 of the October 17, 2017, direct final rule for the Chicago and Granite City areas as fulfilling this requirement. In its September 22, 2016, submission, Illinois EPA requested that EPA approve 35 Ill. Adm. Code Part 226 as a revision to the Illinois SIP as control measures to maintain attainment in the Chicago and Granite City areas. These rules control emissions from lead sources, specifically at the H. Kramer and Mayco facilities, and inclusion of these rules into the SIP makes these measures permanent and enforceable. In today's action, EPA is approving Illinois' request to modify the SIP to include these rules. In accordance with 5 U.S.C. 553(d), EPA finds there is good cause for these actions to become effective immediately upon publication. This is because a delayed effective date is unnecessary due to the nature of a redesignation to attainment, which relieves the area from certain CAA requirements that would otherwise apply to it. The immediate effective date for this action is authorized under both 5 U.S.C. 553(d)(1), which provides that rulemaking actions may become effective less than 30 days after publication if the rule ``grants or recognizes an exemption or relieves a restriction,'' and section 553(d)(3), which allows an effective date less than 30 days after publication ``as otherwise provided by the agency for good cause found and published with the rule.'' The purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. Today's rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, today's rule relieves the state of planning requirements for these lead nonattainment area. For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these actions to become effective on the date of publication of these actions. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Illinois Regulations described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available through www.regulations.gov, and at the EPA Region 5 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the 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 [[Page 13201]] Director of the Federal Register in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: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); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; 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 May 29, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Reporting and recordkeeping requirements. 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: March 15, 2018. Cathy Stepp, Regional Administrator, Region 5. 40 CFR parts 52 and 81 are 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 tables in paragraph (c) and (e) are amended: 0 a. In paragraph (c) under the subheading ``Subchapter c: Emission Standards and Limitations for Stationary Sources'' by adding the subheading ``Part 226: Standards And Limitations For Certain Sources Of Lead'' and entries for ``226.100'' through ``226.185'' in numerical order; 0 b. In paragraph (e) under the subheading ``Attainment and Maintenance Plans'' by adding an entry for ``Lead (2008) redesignation and maintenance plan'' in alphanumerical order; and 0 c. In paragraph (e) under the subheading ``Emission Inventories'' by adding the entry ``Emission inventory--2012 (2008 Lead)'' in alphanumerical order. The additions read as follows: Sec. 52.720 Identification of plan. * * * * * (c) * * * [[Page 13202]] EPA-Approved Illinois Regulations and Statutes ---------------------------------------------------------------------------------------------------------------- State Illinois citation Title/subject effective EPA approval date Comments date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Subchapter c: Emission Standards and Limitations for Stationary Sources ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Part 226: Standards and Limitations for Certain Sources of Lead ---------------------------------------------------------------------------------------------------------------- 226.100.......................... Severability........ 4/21/2014 3/28/18, [insert Federal Register citation]. 226.105.......................... Scope and 4/21/2014 3/28/18, [insert Organization. Federal Register citation]. 226.110.......................... Abbreviations and 4/21/2014 3/28/18, [insert Acronyms. Federal Register citation]. 226.115.......................... Definitions......... 4/21/2014 3/28/18, [insert Federal Register citation]. 226.120.......................... Incorporations by 4/21/2014 3/28/18, [insert Reference. Federal Register citation]. 226.125.......................... Applicability....... 4/21/2014 3/28/18, [insert Federal Register citation]. 226.130.......................... Compliance Date..... 4/21/2014 3/28/18, [insert Federal Register citation]. 226.140.......................... Lead Emission 4/21/2014 3/28/18, [insert Standards. Federal Register citation]. 226.150.......................... Operational 4/21/2014 3/28/18, [insert Monitoring for Federal Register Control Device. citation]. 226.155.......................... Total Enclosure..... 4/21/2014 3/28/18, [insert Federal Register citation]. 226.160.......................... Operational 4/21/2014 3/28/18, [insert Measurement for Federal Register Total Enclosure. citation]. 226.165.......................... Inspection.......... 4/21/2014 3/28/18, [insert Federal Register citation]. 226.170.......................... Lead Fugitive Dust 4/21/2014 3/28/18, [insert Operating Program. Federal Register citation]. 226.175.......................... Emissions Testing... 4/21/2014 3/28/18, [insert Federal Register citation]. 226.185.......................... Recordkeeping and 4/21/2014 3/28/18, [insert Reporting. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * (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 ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Attainment and Maintenance Plans ---------------------------------------------------------------------------------------------------------------- * * * * * * * Lead (2008) Redesignation and Chicago and Granite 9/22/2016 3/28/18, [insert maintenance plan. City areas. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Emission Inventories ---------------------------------------------------------------------------------------------------------------- * * * * * * * Emission inventory-2012 (2008 Chicago and Granite 9/22/2016 3/28/18, [insert Lead). City areas. Federal Register citation]. [[Page 13203]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 0 3. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. 0 4. Section 81.314 is amended by revising the table entitled ``Illinois--2008 Lead NAAQS'' to read as follows: Sec. 81.314 Illinois. * * * * * Illinois--2008 Lead NAAQS ------------------------------------------------------------------------ Designation for the 2008 NAAQS \a\ Designated area ------------------------------------- Date \1\ Type ------------------------------------------------------------------------ Chicago, IL: Cook County (part)............ 3/28/18 Attainment. Area bounded by Damen Ave. on the west, Roosevelt Rd. on the north, the Dan Ryan Expressway on the east, and the Stevenson Expressway on the south. Granite City, IL: Madison County (part)......... 3/28/18 Attainment. Area is bounded by Granite City Township and Venice Township. Rest of State................. .............. Unclassifiable/ Attainment. ------------------------------------------------------------------------ \a\ Includes Indian Country located in each county or area, except as otherwise specified. \1\ December 31, 2011 unless otherwise noted. [FR Doc. 2018-06128 Filed 3-27-18; 8:45 am] BILLING CODE 6560-50-P
![13198 Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations
matter, Reporting and recordkeeping PART 52—APPROVAL AND centered heading ‘‘(4) Lewis and Clark
requirements, Sulfur oxides, Volatile PROMULGATION OF County’’ by revising the entry for ‘‘Lead
organic compounds. IMPLEMENTATION PLANS NAAQS—Board Orders, Stipulations,
Exhibits, and Attachments, Exhibit A—
Authority: 42 U.S.C. 7401 et seq.
■ 1. The authority citation for part 52 American Chemet Emissions
Dated: March 22, 2018. continues to read as follows: Limitations and Conditions, American
Douglas H. Benevento, Authority: 42 U.S.C. 7401 et seq. Chemet Corporation, East Helena,
Regional Administrator, Region 8. Montana’’ to read as follows:
Subpart BB—Montana
40 CFR part 52 is amended to read as § 52.1370 Identification of plan.
follows: ■ 2. Section 52.1370 is amended in the * * * * *
table in paragraph (d) under the (d) * * *
State effective Notice of final
Title/subject NFR citation
date rule date
* * * * * * *
(4) Lewis and Clark County
* * * * * * *
Lead NAAQS—Board Orders, Stipulations, Exhibits, and Attachments, Exhibit 06/10/2013 3/28/2018 [insert Federal Register ci-
A—American Chemet Emissions Limitations and Conditions, American tation].
Chemet Corporation, East Helena, Montana.
* * * * * * *
[FR Doc. 2018–06109 Filed 3–27–18; 8:45 am] implementation of the 2008 lead Chicago, Illinois 60604, (312) 353–4489,
BILLING CODE 6560–50–P NAAQS. EPA proposed this action on svingen.eric@epa.gov.
October 18, 2017, and received two SUPPLEMENTARY INFORMATION:
public comments in response. Throughout this document whenever
ENVIRONMENTAL PROTECTION DATES: This final rule is effective on ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
AGENCY March 28, 2018. EPA. This supplementary information
ADDRESSES: EPA has established a
section is arranged as follows: Is used,
40 CFR Parts 52 and 81
docket for this action under Docket ID we mean EPA. This supplementary
[EPA–R05–OAR–2016–0593; FRL–9975–
No. EPA–R05–OAR–2016–0593. All information section is arranged as
93—Region 5] follows:
documents in the docket are listed on
Air Plan Approval; Illinois; the www.regulations.gov website. I. What is the background for this final rule?
Redesignation of the Chicago and Although listed in the index, some II. What are EPA’s responses to comments?
information is not publicly available, III. What actions is EPA taking?
Granite City Areas to Attainment of the IV. Incorporation by Reference
2008 Lead Standard i.e., Confidential Business Information
V. Statutory and Executive Order Reviews
(CBI) or other information whose
AGENCY: Environmental Protection disclosure is restricted by statute. I. What is the background for this final
Agency (EPA). Certain other material, such as rule?
ACTION: Final rule. copyrighted material, is not placed on On November 12, 2008 (73 FR 66964),
SUMMARY: The Environmental Protection the internet and will be publicly EPA established the 2008 primary and
Agency (EPA) is approving the Illinois available only in hard copy form. secondary lead NAAQS at 0.15
Environmental Protection Agency’s Publicly available docket materials are micrograms per cubic meter (mg/m3)
(Illinois EPA’s) request to redesignate available either through based on a maximum arithmetic 3-
the Chicago and Granite City www.regulations.gov or at the month mean concentration for a 3-year
nonattainment areas (hereafter also Environmental Protection Agency, period. See 40 CFR 50.16.
referred to as the ‘‘areas’’) to attainment Region 5, Air and Radiation Division, 77 On November 22, 2010 (75 FR 71033),
for the 2008 national ambient air quality West Jackson Boulevard, Chicago, and November 22, 2011 (76 FR 72097),
standards (NAAQS or standards) for Illinois 60604. This facility is open from EPA designated the Granite City and
lead, also identified as Pb. EPA is also 8:30 a.m. to 4:30 p.m., Monday through Chicago areas, respectively, as
approving, as revisions to the Illinois Friday, excluding Federal holidays. We nonattainment for the 2008 lead
state implementation plan (SIP): The recommend that you telephone Eric NAAQS. See 40 CFR 81.314.
state’s plan for maintaining the 2008 Svingen, Environmental Engineer, at On January 9, 2014, Illinois EPA
lead NAAQS in the areas for a period of (312) 353–4489 before visiting the submitted to EPA attainment plans for
ten years following these redesignations; Region 5 office. the 2008 lead NAAQS. This submission
daltland on DSKBBV9HB2PROD with RULES
the emissions inventories for the areas; FOR FURTHER INFORMATION CONTACT: Eric included a request to incorporate into
and rules applying emission limits and Svingen, Environmental Engineer, the Illinois SIP new rules for lead
other control requirements to lead Attainment Planning and Maintenance emission sources at Title 35 Illinois
sources in the areas. EPA is taking these Section, Air Programs Branch (AR–18J), Administrative Code (Ill. Adm. Code)
actions in accordance with applicable Environmental Protection Agency, Part 226. On June 17, 2014, Illinois EPA
regulations and guidance that address Region 5, 77 West Jackson Boulevard, supplemented this submission with
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additional information regarding the Chicago and Granite City nonattainment federally enforceable measures are
state rulemaking process. areas because it will be good for the achievable in practice in order to rely on
On August 24, 2015 (80 FR 51127), environment.’’ The commenter further those measures for purposes of
EPA published a clean data writes that ‘‘in order to redesign the redesignation. In any case, as discussed
determination for the Chicago area, nonattainment areas in Chicago, below, Illinois EPA has provided
based upon air monitoring data for the workers should look for a solution for emissions test information that show the
2012–2014 design period showing that proper sanitation and developing a limits are achievable and are being met.
the area achieved attainment of the 2008 better ecosystem. Workers should focus The lead limits applicable to emission
Pb NAAQS. on the factors that caused the area to units at the H. Kramer and Mayco
On September 22, 2016, Illinois EPA become nonattainment. They should sources are codified at 35 Ill. Adm. Code
requested that the Granite City and also measure the environmental Part 226. EPA notes that the commenter
Chicago lead nonattainment areas be conditions such as the temperature of has mischaracterized the limits that
redesignated to attainment for the 2008 the area.’’ The commenter notes that apply to Mayco. As shown in the
lead NAAQS and submitted ‘‘high amounts of pollution can put modeling analysis submitted by Illinois
maintenance plans for the areas as a people’s health at risk’’ and ‘‘if there are on January 9, 2014, there is no emission
proposed revision to the Illinois SIP. In high amounts of pollution in the area unit at Mayco subject to limits of 0.01
this September 22, 2016, submission, then the area is considered to be gr/dscf. In fact, the modeling in Illinois’
Illinois EPA withdrew most parts of the nonattainment.’’ submission lists four emission units at
previous two submissions, but did not Response 1: This comment does not Mayco: One baghouse limited to 0.001
withdraw the request that EPA approve, provide information that would alter gr/dscf, as well as three baghouses
as a revision to the Illinois SIP, the EPA’s evaluation of the State’s request limited to 0.0001 gr/dscf. Similarly, the
requirements at 35 Ill. Adm. Code Part to redesignate the Chicago and Granite modeling lists seven emission units at
226 to limit lead emissions in the areas. City areas, which is based on the H. Kramer: Two powered vents and two
Illinois similarly did not withdraw applicable statutory criteria. 82 FR new baghouses limited to 0.0001
certain attachments and support 48448, 48450–56. EPA agrees that high gr/dscf, as well as one powered vent,
documents, such as emissions amounts of pollution can be deleterious one older baghouse, and one wet
inventories and modeling data, that are to public health, and notes that Illinois’ scrubber limited to 0.00001 gr/dscf.
relevant to the request. On February 16, control measures at 35 Ill. Adm. Code On December 7, 2017, and on March
2017, Illinois EPA clarified certain Part 226 address the main factors that 14, 2018, in support of this final
details regarding the maintenance plan caused the areas to be designated as rulemaking, Illinois EPA provided EPA
components of its September 22, 2016 nonattainment for the 2008 lead with information relevant to this
submission. NAAQS. comment. That information is provided
On October 18, 2017 (82 FR 48448), Comment 2: A commenter writes that in the docket for this rulemaking.
EPA published a direct final rule EPA ‘‘shouldn’t approve this Illinois EPA’s information includes
approving Illinois EPA’s request to redesignation request due to the reports of emissions tests from the H.
redesignate the Chicago and Granite unachievable limits modeled for the Kramer and Mayco facilities, and all
City nonattainment areas to attainment Mayco and H. Kramer sources’’ within available results indicate compliance
for the 2008 lead NAAQS, the state’s the Granite City and Chicago areas, with the applicable limits.
maintenance plans for the areas, respectively. Specifically, the Emissions tests conducted at H.
emissions inventories for the areas, and commenter identifies the following as Kramer in March 2016 indicate that the
rules applying emission limits and other sources with ‘‘limits modeled that are average concentration of lead emissions
control requirements to lead sources in impossible to acheive [sic] in practice’’: from H. Kramer’s older baghouse and
the areas. EPA also concurrently issued Four sources at H. Kramer with limits of wet scrubber are 0.000000602 gr/dscf
a proposal on October 18, 2017 (82 FR 0.0001 grains per dry standard cubic and 0.000000738 gr/dscf, respectively,
48475). The direct final rule contains a foot (gr/dscf); a wet scrubber, existing within the applicable limit of 0.00001
detailed analysis of Illinois’s submittal baghouse and one power vent at H. gr/dscf. Tests conducted at H. Kramer in
and the applicable requirements for Kramer with limits of 0.00001 gr/dscf; April 2012 and June 2012 indicate that
purpose of redesignation. In the direct and unspecified point sources at Mayco the average concentration of lead
final rule, EPA stated that if adverse with limits of 0.01 and 0.001 grs/dscf. emissions from powered vents labeled
comments were received by November Regarding the limit of 0.00001 gr/dscf, ‘‘R1COOL’’ AND ‘‘R2COOL’’ are
17, 2017, the rule would be withdrawn the commenter states that ‘‘filter 0.0000531 gr/dscf and 0.0000491
and would not take effect. EPA received cartridge manufacturers state they gr/dscf, respectively, within the
an adverse comment prior to the close cannot guarantee capture efficiency or applicable limit of 0.0001 gr/dscf, and
of the comment period; therefore, on even control efficiency at such a minute the average concentration of lead
December 8, 2017 (82 FR 57853), EPA standard.’’ The commenter further emissions from powered vent labeled
published a withdrawal of the direct writes that ‘‘EPA must be able to show ‘‘INGOT’’ is 0.0000055 gr/dscf, within
final rule. EPA is addressing that that these modeled limits are actually the applicable limit of 0.00001 gr/dscf.
adverse comment, as well as an achievable in practice otherwise the Tests conducted at H. Kramer in
additional comment, in this final action. redesignation request is faulted to an September 2013 indicate that the
extraordinary degree.’’ average concentration of lead emissions
II. What are EPA’s responses to Response 2: EPA disagrees with the from new baghouses A and B are
comments? commenter’s statements, and notes that 0.000003 gr/dscf and 0.000001 gr/dscf,
the commenter has supplied no
daltland on DSKBBV9HB2PROD with RULES
During the comment period, EPA respectively, within the applicable limit
received two comments, one of which is evidence supporting claims that the of 0.0001 gr/dscf.
adverse. A summary of both comments control measures applying to the H. Emissions tests conducted at Mayco
and EPA’s responses are provided Kramer and Mayco facilities are in April 2016 and June 2016 also
below. unachievable. EPA is not required by indicate that the average concentration
Comment 1: A commenter writes that section 107(d)(3)(E) of the CAA to of lead emissions from all units are
EPA ‘‘should request to redesign [sic] demonstrate that permanent and within applicable limits. Tests of
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![13202 Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations
EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES
State
Illinois citation Title/subject effective EPA approval date Comments
date
* * * * * * *
Subchapter c: Emission Standards and Limitations for Stationary Sources
* * * * * * *
Part 226: Standards and Limitations for Certain Sources of Lead
226.100 .................................... Severability ............................. 4/21/2014 3/28/18, [insert Federal Reg-
ister citation].
226.105 .................................... Scope and Organization ......... 4/21/2014 3/28/18, [insert Federal Reg-
ister citation].
226.110 .................................... Abbreviations and Acronyms .. 4/21/2014 3/28/18, [insert Federal Reg-
ister citation].
226.115 .................................... Definitions ............................... 4/21/2014 3/28/18, [insert Federal Reg-
ister citation].
226.120 .................................... Incorporations by Reference .. 4/21/2014 3/28/18, [insert Federal Reg-
ister citation].
226.125 .................................... Applicability ............................. 4/21/2014 3/28/18, [insert Federal Reg-
ister citation].
226.130 .................................... Compliance Date .................... 4/21/2014 3/28/18, [insert Federal Reg-
ister citation].
226.140 .................................... Lead Emission Standards ...... 4/21/2014 3/28/18, [insert Federal Reg-
ister citation].
226.150 .................................... Operational Monitoring for 4/21/2014 3/28/18, [insert Federal Reg-
Control Device. ister citation].
226.155 .................................... Total Enclosure ....................... 4/21/2014 3/28/18, [insert Federal Reg-
ister citation].
226.160 .................................... Operational Measurement for 4/21/2014 3/28/18, [insert Federal Reg-
Total Enclosure. ister citation].
226.165 .................................... Inspection ............................... 4/21/2014 3/28/18, [insert Federal Reg-
ister citation].
226.170 .................................... Lead Fugitive Dust Operating 4/21/2014 3/28/18, [insert Federal Reg-
Program. ister citation].
226.175 .................................... Emissions Testing .................. 4/21/2014 3/28/18, [insert Federal Reg-
ister citation].
226.185 .................................... Recordkeeping and Reporting 4/21/2014 3/28/18, [insert Federal Reg-
ister citation].
* * * * * * *
* * * * * (e) * * *
EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS
State
Applicable geographic or non-
Name of SIP provision submittal EPA approval date Comments
attainment area date
* * * * * * *
Attainment and Maintenance Plans
* * * * * * *
Lead (2008) Redesignation Chicago and Granite City 9/22/2016 3/28/18, [insert Federal Reg-
and maintenance plan. areas. ister citation].
* * * * * * *
daltland on DSKBBV9HB2PROD with RULES
Emission Inventories
* * * * * * *
Emission inventory-2012 (2008 Chicago and Granite City 9/22/2016 3/28/18, [insert Federal Reg-
Lead). areas. ister citation].
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![Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations 13203
EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS—Continued
State
Applicable geographic or non-
Name of SIP provision submittal EPA approval date Comments
attainment area date
* * * * * * *
PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401, et seq. § 81.314 Illinois.
FOR AIR QUALITY PLANNING ■ 4. Section 81.314 is amended by * * * * *
PURPOSES revising the table entitled ‘‘Illinois—
■ 3. The authority citation for part 81 2008 Lead NAAQS’’ to read as follows:
continues to read as follows:
ILLINOIS—2008 LEAD NAAQS
Designation for the 2008 NAAQS a
Designated area
Date 1 Type
Chicago, IL:
Cook County (part) ........................................................................................................................... 3/28/18 Attainment.
Area bounded by Damen Ave. on the west, Roosevelt Rd. on the north, the Dan Ryan Express-
way on the east, and the Stevenson Expressway on the south.
Granite City, IL:
Madison County (part) ..................................................................................................................... 3/28/18 Attainment.
Area is bounded by Granite City Township and Venice Township.
Rest of State .................................................................................................................................... ........................ Unclassifiable/Attain-
ment.
a Includes Indian Country located in each county or area, except as otherwise specified.
1 December 31, 2011 unless otherwise noted.
[FR Doc. 2018–06128 Filed 3–27–18; 8:45 am] and 2018, and the catch limit in 2018 is Background
BILLING CODE 6560–50–P 114 metric tons (mt). To avoid
exceeding the biennial limit, NMFS is On December 7, 2017, NMFS
imposing a 1-mt trip limit—except for published a proposed rule in the
large-mesh drift gillnet vessels, which Federal Register (82 FR 57699) to revise
DEPARTMENT OF COMMERCE
would be subject to a 2-mt trip limit— regulations at 50 CFR part 300, subpart
National Oceanic and Atmospheric throughout 2018 or until the 2018 catch C, for the commercial catch of Pacific
Administration limit is reached and the fishery is bluefin tuna applicable to U.S.
closed. This action is necessary for the commercial vessels in 2018. The public
50 CFR Part 300 United States to satisfy its obligations as comment period was open until January
a member of the Inter-American 8, 2018.
[Docket No. 170925942–8250–02] Tropical Tuna Commission. This
This final rule is implemented under
RIN 0648–BH30 document also announces the
the authority of the Tuna Conventions
availability of a final supplemental
Environmental Assessment that Act (16 U.S.C. 951 et seq.), which
International Fisheries; Pacific Tuna
analyzed the environmental impacts of directs the Secretary of Commerce, after
Fisheries; Revised 2018 Commercial
imposing a reduced trip limit. approval by the Secretary of State, to
Fishing Restrictions for Pacific Bluefin
Tuna in the Eastern Pacific Ocean; DATES: The final rule is effective April
promulgate regulations as may be
2018 Catch Limit 27, 2018. necessary to implement resolutions
adopted by the Inter-American Tropical
ADDRESSES: Copies of the supplemental
AGENCY: National Marine Fisheries Tuna Commission (IATTC). This
Environmental Assessment and other
Service (NMFS), National Oceanic and authority has been delegated to the
supporting documents are available via
Atmospheric Administration (NOAA), National Marine Fisheries Service
the Federal eRulemaking Portal: http://
Commerce. (NMFS).
www.regulations.gov, docket NOAA–
ACTION: Final rule and notice of NMFS–2017–0128, or contact the The proposed rule contains additional
availability of a final supplemental Highly Migratory Species Branch Chief, background information, including
environmental assessment (EA). Heidi Taylor, 501 W. Ocean Blvd., Suite information on the IATTC, the
SUMMARY: The National Marine 4200, Long Beach, CA 90802, or international obligations of the United
daltland on DSKBBV9HB2PROD with RULES
Fisheries Service is issuing regulations RegionalAdministrator.WCRHMS@ States as a member of the IATTC, and
under the Tuna Conventions Act to noaa.gov. the need for regulations. Public
revise trip limits on the commercial FOR FURTHER INFORMATION CONTACT: comments received are addressed
catch of Pacific bluefin tuna applicable Celia Barroso, NMFS, Celia.Barroso@ below. The regulatory text in this final
to 2018. U.S. commercial fishing vessels noaa.gov, 562–432–1850. rule is unchanged from the regulatory
are subject to a biennial limit for 2017 SUPPLEMENTARY INFORMATION: text of the proposed rule.
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Document Created: 2018-11-01 08:55:29
Document Modified: 2018-11-01 08:55:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on March 28, 2018. | |
| Contact | Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [email protected] | |
| FR Citation | 83 FR 13198 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Reporting and Recordkeeping Requirements; National Parks and Wilderness Areas |
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