83_FR_15815 83 FR 15744 - Air Plan Approval; Illinois; Regional Haze Progress Report

83 FR 15744 - Air Plan Approval; Illinois; Regional Haze Progress Report

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 71 (April 12, 2018)

Page Range15744-15746
FR Document2018-07519

The Environmental Protection Agency (EPA) is approving the regional haze progress report under the Clean Air Act (CAA) as a revision to the Illinois state implementation plan (SIP). Illinois has satisfied the progress report requirements of the Regional Haze Rule. Illinois has also provided a determination of the adequacy of its regional haze plan with the progress report.

Federal Register, Volume 83 Issue 71 (Thursday, April 12, 2018)
[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Rules and Regulations]
[Pages 15744-15746]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07519]



[[Page 15744]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0082; FRL-9976-70--Region 5]


Air Plan Approval; Illinois; Regional Haze Progress Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
regional haze progress report under the Clean Air Act (CAA) as a 
revision to the Illinois state implementation plan (SIP). Illinois has 
satisfied the progress report requirements of the Regional Haze Rule. 
Illinois has also provided a determination of the adequacy of its 
regional haze plan with the progress report.

DATES: This final rule is effective on May 14, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0082. 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 Charles Hatten, Environmental Engineer at (312) 886-
6031 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategy Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, [email protected].

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

I. Background
II. What is EPA's response to the comments?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

    States are required to submit a progress report every five years 
that evaluates progress towards the Reasonable Progress Goals (RPGs) 
for each mandatory Class I Federal area \1\ (Class I area) within the 
state and in each Class I area outside the state which may be affected 
by emissions from within the state. See 40 CFR 51.308(g). States are 
also required to submit, at the same time as the progress report, a 
determination of the adequacy of the state's existing regional haze 
SIP. See 40 CFR 51.308(h). The first progress report must be submitted 
in the form of a SIP revision and is due five years after the submittal 
of the initial regional haze SIP. On June 24, 2011, Illinois submitted 
its first regional haze SIP in accordance with the requirements of 40 
CFR 51.308. EPA approved Illinois' regional haze plan into its SIP on 
July 6, 2012, 77 FR 39943.
---------------------------------------------------------------------------

    \1\ Areas designated as mandatory Class I Federal areas consist 
of national parks exceeding 6000 acres, wilderness areas and 
national memorial parks exceeding 5000 acres, and all international 
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). 
Listed at 40 CFR part 81, subpart D.
---------------------------------------------------------------------------

    On February 1, 2017, Illinois submitted a SIP revision consisting 
of a report on the progress made in the first implementation period 
towards the RPGs for Class I areas outside of Illinois (progress 
report). The emissions from Illinois affected 19 Class I areas located 
out of the state. Illinois does not have any Class I areas within its 
borders. The Illinois progress report included a determination that the 
Illinois existing regional haze SIP requires no substantive revision to 
achieve the established regional haze visibility improvement and 
emissions reduction goals for 2018. EPA is approving the Illinois 
progress report on the basis that it satisfies the requirements of 40 
CFR 51.308.
    EPA published a direct final rule on October 18, 2017 (82 FR 
48431), approving the Illinois regional haze progress report as a 
revision to the Illinois SIP, along with a proposed rule (82 FR 48473) 
that provided a 30-day public comment period.
    In the direct final rule, it states that if EPA received adverse 
comments, 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. EPA received adverse comments during the comment period, 
and the October 18, 2017 direct final rule approving the Illinois 
regional haze progress report was withdrawn on December 8, 2017 (82 FR 
57836). The adverse comments received are addressed below.

II. What is EPA's response to the comments?

    EPA received two anonymous comments on the proposed approval of the 
Illinois regional haze progress report.
    Comment #1--One commenter stated that the source-specific emissions 
limits for four sources in the Illinois regional haze SIP are not 
enforceable as the emission limits were not included in the state's 
plan but were rather contained in a memorandum of understanding or 
consent decrees. These four sources are the City of Springfield City 
Water, Light, and Power electric generating facility (CWLP), the 
Dominion Kincaid power plant (Kincaid), CITGO Petroleum Corporation 
(CITGO) Lemont petroleum refinery, and Exxon Mobil Corporation (Exxon 
Mobil) Joliet petroleum refinery. The commenter raised concern that 
these limits cannot be enforced by citizens.

EPA's Response to the Comment

    The source-specific emission limits for CWLP and Kincaid are 
contained in federally enforceable permits, as well as in the Illinois' 
regional haze SIP. Illinois issued joint construction and operating air 
permits to CWLP and Kincaid pursuant to authority in the Illinois SIP. 
The two permits were incorporated into the Illinois' regional haze SIP 
(77 FR 39948). Illinois's progress report confirms that these permits, 
setting nitrogen oxide (NOX) and sulfur dioxide 
(SO2) emission limits, and operating conditions to meet the 
Regional Haze Rule requirements of the CAA, are federally enforceable. 
Additionally, the permits state that they ``establish limits for 
NOX and SO2 for the affected units that are 
directly enforceable and permanent and that are not contingent upon 
commencement of construction by the Permittee of additional emission 
control equipment for the affected units. This is because the emission 
limits for the affected units are legally required pursuant to section 
169A of the CAA and these limits are enforceable.'' Similarly, Illinois 
incorporated emission limits and operating conditions from two consent 
decrees (for CITGO and Exxon Mobil) into minor new source review 
construction permits issued pursuant to authority in the Illinois SIP. 
As such, these are federally enforceable permits potentially subject to 
enforcement through action by citizens. See 42 U.S.C. 7604.

[[Page 15745]]

    Comment #2--Another commenter stated that EPA is incorrect in 
saying that Illinois did not rely on the Cross-State Air Pollution Rule 
(CSAPR) for its regional haze goals. The commenter notes that in its 
submittal, Illinois lists the ``Transport Rule (Part 1)'' under the 
``on-the books'' control measures the state is relying on for the years 
2002-2018.
    EPA's Response to the Comment--In our direct final rule, EPA noted 
that Illinois did not rely on the Clean Air Interstate Rule (CAIR) or 
CSAPR in its regional haze SIP. 82 FR 48432. EPA's position reflects 
the statement made by Illinois in its regional haze progress report 
that ``Illinois does not rely on the use of the Clean Air Interstate 
Rule (CAIR) or CSAPR to satisfy its regional haze requirements.'' 
Instead, Illinois used state rules and other measures to satisfy the 
Regional Haze Rule requirements for Best Available Retrofit Technology 
(BART) in 40 CFR 51.308(e).
    The progress report does contain a list of modeled ``on-the-books'' 
control measures used in the analysis for the Illinois regional haze 
plan. The progress report states, ``that these control measures were 
used in the future year modeling prepared by the Midwest Regional 
Planning Organization (MRPO) prior to the Illinois SIP submittal and 
are expected to be implemented between 2002 and 2018.'' The modeling 
analysis prepared by MRPO included reductions from CAIR, as well as 
other existing federal measures, to assess anticipated future 
visibility conditions. (See 77 FR 3971; January 26, 2012). Illinois did 
not rely on emission reductions from CAIR or CSAPR to satisfy the BART 
requirements because the state demonstrated that the benefits of 
Illinois' alternative control strategy satisfied the regional haze BART 
requirements.
    We also note that CSAPR is being implemented at this time in 
Illinois and other states. Given this, it is unclear how the 
commenter's concerns are relevant to the approvability of Illinois' 
progress report.
    EPA evaluated the Illinois progress report which indicates that 
implementation of the control measures in its regional haze plan is on 
track to achieve the established regional haze visibility improvement 
goals for the first implementation period. EPA finds that the Illinois 
progress report satisfies 40 CFR 51.308.

III. What action is EPA taking?

    EPA is approving the regional haze progress report submitted on 
February 1, 2017, as a revision to the Illinois SIP on the basis that 
it satisfies the requirements of 40 CFR 51.308. The progress report 
includes an adequate discussion of the implementation of the regional 
haze SIP measures and of the significant emission reductions achieved. 
The progress report also includes a determination that the Illinois 
existing regional haze SIP is sufficient to achieve the established 
regional haze visibility improvement and emissions reduction goals for 
the first implementation period. EPA also finds that Illinois has met 
the requirements for a determination of adequacy of its regional haze 
plan with the progress report.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 June 11, 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.


[[Page 15746]]


    Dated: April 3, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. In Sec.  52.720, the table in paragraph (e) is amended by adding the 
entry ``Regional Haze Progress Report'' immediately following the entry 
for ``Regional haze plan'' to read as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (e) * * *


                       EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
     Name of SIP provision          geographic or         State       EPA approval date          Comments
                                 nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Regional Haze Progress Report..  Statewide.........        02/01/17  April 12, 2018,     .......................
                                                                      [insert Federal
                                                                      Register
                                                                      citation].
 
                                                  * * * * * * *
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[FR Doc. 2018-07519 Filed 4-11-18; 8:45 am]
BILLING CODE 6560-50-P



                                              15744              Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

                                              ENVIRONMENTAL PROTECTION                                II. What is EPA’s response to the comments?           progress report was withdrawn on
                                              AGENCY                                                  III. What action is EPA taking?                       December 8, 2017 (82 FR 57836). The
                                                                                                      IV. Statutory and Executive Order Reviews             adverse comments received are
                                              40 CFR Part 52                                          I. Background                                         addressed below.
                                              [EPA–R05–OAR–2017–0082; FRL–9976–                          States are required to submit a                    II. What is EPA’s response to the
                                              70—Region 5]                                            progress report every five years that                 comments?
                                                                                                      evaluates progress towards the
                                              Air Plan Approval; Illinois; Regional                                                                            EPA received two anonymous
                                                                                                      Reasonable Progress Goals (RPGs) for
                                              Haze Progress Report                                                                                          comments on the proposed approval of
                                                                                                      each mandatory Class I Federal area 1
                                                       Environmental Protection                                                                             the Illinois regional haze progress
                                              AGENCY:                                                 (Class I area) within the state and in
                                              Agency (EPA).                                                                                                 report.
                                                                                                      each Class I area outside the state which
                                              ACTION: Final rule.                                     may be affected by emissions from                        Comment #1—One commenter stated
                                                                                                      within the state. See 40 CFR 51.308(g).               that the source-specific emissions limits
                                              SUMMARY:    The Environmental Protection                States are also required to submit, at the            for four sources in the Illinois regional
                                              Agency (EPA) is approving the regional                  same time as the progress report, a                   haze SIP are not enforceable as the
                                              haze progress report under the Clean Air                determination of the adequacy of the                  emission limits were not included in the
                                              Act (CAA) as a revision to the Illinois                 state’s existing regional haze SIP. See 40            state’s plan but were rather contained in
                                              state implementation plan (SIP). Illinois               CFR 51.308(h). The first progress report              a memorandum of understanding or
                                              has satisfied the progress report                       must be submitted in the form of a SIP                consent decrees. These four sources are
                                              requirements of the Regional Haze Rule.                 revision and is due five years after the              the City of Springfield City Water, Light,
                                              Illinois has also provided a                            submittal of the initial regional haze                and Power electric generating facility
                                              determination of the adequacy of its                    SIP. On June 24, 2011, Illinois                       (CWLP), the Dominion Kincaid power
                                              regional haze plan with the progress                    submitted its first regional haze SIP in              plant (Kincaid), CITGO Petroleum
                                              report.                                                 accordance with the requirements of 40                Corporation (CITGO) Lemont petroleum
                                              DATES: This final rule is effective on                  CFR 51.308. EPA approved Illinois’                    refinery, and Exxon Mobil Corporation
                                              May 14, 2018.                                           regional haze plan into its SIP on July               (Exxon Mobil) Joliet petroleum refinery.
                                              ADDRESSES: EPA has established a                        6, 2012, 77 FR 39943.                                 The commenter raised concern that
                                              docket for this action under Docket ID                     On February 1, 2017, Illinois                      these limits cannot be enforced by
                                              No. EPA–R05–OAR–2017–0082. All                          submitted a SIP revision consisting of a              citizens.
                                              documents in the docket are listed on                   report on the progress made in the first              EPA’s Response to the Comment
                                              the www.regulations.gov website.                        implementation period towards the
                                              Although listed in the index, some                      RPGs for Class I areas outside of Illinois               The source-specific emission limits
                                              information is not publicly available,                  (progress report). The emissions from                 for CWLP and Kincaid are contained in
                                              i.e., Confidential Business Information                 Illinois affected 19 Class I areas located            federally enforceable permits, as well as
                                              (CBI) or other information whose                        out of the state. Illinois does not have              in the Illinois’ regional haze SIP. Illinois
                                              disclosure is restricted by statute.                    any Class I areas within its borders. The             issued joint construction and operating
                                              Certain other material, such as                         Illinois progress report included a                   air permits to CWLP and Kincaid
                                              copyrighted material, is not placed on                  determination that the Illinois existing              pursuant to authority in the Illinois SIP.
                                              the internet and will be publicly                       regional haze SIP requires no                         The two permits were incorporated into
                                              available only in hard copy form.                       substantive revision to achieve the                   the Illinois’ regional haze SIP (77 FR
                                              Publicly available docket materials are                 established regional haze visibility                  39948). Illinois’s progress report
                                              available either through                                improvement and emissions reduction                   confirms that these permits, setting
                                              www.regulations.gov or at the                           goals for 2018. EPA is approving the                  nitrogen oxide (NOX) and sulfur dioxide
                                              Environmental Protection Agency,                        Illinois progress report on the basis that            (SO2) emission limits, and operating
                                              Region 5, Air and Radiation Division, 77                it satisfies the requirements of 40 CFR               conditions to meet the Regional Haze
                                              West Jackson Boulevard, Chicago,                        51.308.                                               Rule requirements of the CAA, are
                                              Illinois 60604. This facility is open from                 EPA published a direct final rule on               federally enforceable. Additionally, the
                                              8:30 a.m. to 4:30 p.m., Monday through                  October 18, 2017 (82 FR 48431),                       permits state that they ‘‘establish limits
                                              Friday, excluding Federal holidays. We                  approving the Illinois regional haze                  for NOX and SO2 for the affected units
                                              recommend that you telephone Charles                    progress report as a revision to the                  that are directly enforceable and
                                              Hatten, Environmental Engineer at (312)                 Illinois SIP, along with a proposed rule              permanent and that are not contingent
                                              886–6031 before visiting the Region 5                   (82 FR 48473) that provided a 30-day                  upon commencement of construction by
                                              office.                                                 public comment period.                                the Permittee of additional emission
                                                                                                         In the direct final rule, it states that           control equipment for the affected units.
                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                      if EPA received adverse comments, EPA                 This is because the emission limits for
                                              Charles Hatten, Environmental                           will publish a timely withdrawal of the               the affected units are legally required
                                              Engineer, Control Strategy Section, Air                 direct final rule in the Federal Register             pursuant to section 169A of the CAA
                                              Programs Branch (AR–18J),                               informing the public that the rule will               and these limits are enforceable.’’
                                              Environmental Protection Agency,                        not take effect. EPA received adverse                 Similarly, Illinois incorporated emission
                                              Region 5, 77 West Jackson Boulevard,                    comments during the comment period,                   limits and operating conditions from
                                              Chicago, Illinois 60604, (312) 886–6031,                and the October 18, 2017 direct final                 two consent decrees (for CITGO and
sradovich on DSK3GMQ082PROD with RULES




                                              hatten.charles@epa.gov.                                 rule approving the Illinois regional haze             Exxon Mobil) into minor new source
                                              SUPPLEMENTARY INFORMATION:                                                                                    review construction permits issued
                                              Throughout this document whenever                         1 Areas designated as mandatory Class I Federal     pursuant to authority in the Illinois SIP.
                                              ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean             areas consist of national parks exceeding 6000        As such, these are federally enforceable
                                              EPA. This supplementary information                     acres, wilderness areas and national memorial parks
                                                                                                                                                            permits potentially subject to
                                              section is arranged as follows:                         exceeding 5000 acres, and all international parks
                                                                                                      that were in existence on August 7, 1977 (42 U.S.C.   enforcement through action by citizens.
                                              I. Background                                           7472(a)). Listed at 40 CFR part 81, subpart D.        See 42 U.S.C. 7604.


                                         VerDate Sep<11>2014   15:50 Apr 11, 2018   Jkt 244001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\12APR1.SGM   12APR1


                                                                 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations                                        15745

                                                 Comment #2—Another commenter                         on the basis that it satisfies the                       • Is not subject to requirements of
                                              stated that EPA is incorrect in saying                  requirements of 40 CFR 51.308. The                    section 12(d) of the National
                                              that Illinois did not rely on the Cross-                progress report includes an adequate                  Technology Transfer and Advancement
                                              State Air Pollution Rule (CSAPR) for its                discussion of the implementation of the               Act of 1995 (15 U.S.C. 272 note) because
                                              regional haze goals. The commenter                      regional haze SIP measures and of the                 application of those requirements would
                                              notes that in its submittal, Illinois lists             significant emission reductions                       be inconsistent with the CAA; and
                                              the ‘‘Transport Rule (Part 1)’’ under the               achieved. The progress report also                       • Does not provide EPA with the
                                              ‘‘on-the books’’ control measures the                   includes a determination that the                     discretionary authority to address, as
                                              state is relying on for the years 2002–                 Illinois existing regional haze SIP is                appropriate, disproportionate human
                                              2018.                                                   sufficient to achieve the established                 health or environmental effects, using
                                                 EPA’s Response to the Comment—In                     regional haze visibility improvement                  practicable and legally permissible
                                              our direct final rule, EPA noted that                   and emissions reduction goals for the                 methods, under Executive Order 12898
                                              Illinois did not rely on the Clean Air                  first implementation period. EPA also                 (59 FR 7629, February 16, 1994).
                                              Interstate Rule (CAIR) or CSAPR in its                  finds that Illinois has met the                          In addition, the SIP is not approved
                                              regional haze SIP. 82 FR 48432. EPA’s                   requirements for a determination of                   to apply on any Indian reservation land
                                              position reflects the statement made by                 adequacy of its regional haze plan with               or in any other area where EPA or an
                                              Illinois in its regional haze progress                  the progress report.                                  Indian tribe has demonstrated that a
                                              report that ‘‘Illinois does not rely on the                                                                   tribe has jurisdiction. In those areas of
                                              use of the Clean Air Interstate Rule                    IV. Statutory and Executive Order                     Indian country, the rule does not have
                                              (CAIR) or CSAPR to satisfy its regional                 Reviews                                               tribal implications and will not impose
                                              haze requirements.’’ Instead, Illinois                     Under the CAA, the Administrator is                substantial direct costs on tribal
                                              used state rules and other measures to                  required to approve a SIP submission                  governments or preempt tribal law as
                                              satisfy the Regional Haze Rule                          that complies with the provisions of the              specified by Executive Order 13175 (65
                                              requirements for Best Available Retrofit                CAA and applicable Federal regulations.               FR 67249, November 9, 2000).
                                              Technology (BART) in 40 CFR                             42 U.S.C. 7410(k); 40 CFR 52.02(a).                      The Congressional Review Act, 5
                                              51.308(e).                                              Thus, in reviewing SIP submissions,                   U.S.C. 801 et seq., as added by the Small
                                                 The progress report does contain a list              EPA’s role is to approve state choices,               Business Regulatory Enforcement
                                              of modeled ‘‘on-the-books’’ control                     provided that they meet the criteria of               Fairness Act of 1996, generally provides
                                              measures used in the analysis for the                   the CAA. Accordingly, this action                     that before a rule may take effect, the
                                              Illinois regional haze plan. The progress               merely approves state law as meeting                  agency promulgating the rule must
                                              report states, ‘‘that these control                     Federal requirements and does not                     submit a rule report, which includes a
                                              measures were used in the future year                   impose additional requirements beyond                 copy of the rule, to each House of the
                                              modeling prepared by the Midwest                        those imposed by state law. For that                  Congress and to the Comptroller General
                                              Regional Planning Organization (MRPO)                   reason, this action:                                  of the United States. EPA will submit a
                                              prior to the Illinois SIP submittal and                    • Is not a significant regulatory action           report containing this action and other
                                              are expected to be implemented                          subject to review by the Office of                    required information to the U.S. Senate,
                                              between 2002 and 2018.’’ The modeling                   Management and Budget under                           the U.S. House of Representatives, and
                                              analysis prepared by MRPO included                      Executive Orders 12866 (58 FR 51735,                  the Comptroller General of the United
                                              reductions from CAIR, as well as other                  October 4, 1993) and 13563 (76 FR 3821,               States prior to publication of the rule in
                                              existing federal measures, to assess                    January 21, 2011);                                    the Federal Register. A major rule
                                              anticipated future visibility conditions.                  • Is not an Executive Order 13771 (82              cannot take effect until 60 days after it
                                              (See 77 FR 3971; January 26, 2012).                     FR 9339, February 2, 2017) regulatory                 is published in the Federal Register.
                                              Illinois did not rely on emission                       action because SIP approvals are                      This action is not a ‘‘major rule’’ as
                                              reductions from CAIR or CSAPR to                        exempted under Executive Order 12866;                 defined by 5 U.S.C. 804(2).
                                              satisfy the BART requirements because                      • Does not impose an information                      Under section 307(b)(1) of the CAA,
                                              the state demonstrated that the benefits                collection burden under the provisions                petitions for judicial review of this
                                              of Illinois’ alternative control strategy               of the Paperwork Reduction Act (44                    action must be filed in the United States
                                              satisfied the regional haze BART                        U.S.C. 3501 et seq.);                                 Court of Appeals for the appropriate
                                              requirements.                                              • Is certified as not having a                     circuit by June 11, 2018. Filing a
                                                 We also note that CSAPR is being                     significant economic impact on a                      petition for reconsideration by the
                                              implemented at this time in Illinois and                substantial number of small entities                  Administrator of this final rule does not
                                              other states. Given this, it is unclear                 under the Regulatory Flexibility Act (5               affect the finality of this action for the
                                              how the commenter’s concerns are                        U.S.C. 601 et seq.);                                  purposes of judicial review nor does it
                                              relevant to the approvability of Illinois’                 • Does not contain any unfunded                    extend the time within which a petition
                                              progress report.                                        mandate or significantly or uniquely                  for judicial review may be filed, and
                                                 EPA evaluated the Illinois progress                  affect small governments, as described                shall not postpone the effectiveness of
                                              report which indicates that                             in the Unfunded Mandates Reform Act                   such rule or action. This action may not
                                              implementation of the control measures                  of 1995 (Pub. L. 104–4);                              be challenged later in proceedings to
                                              in its regional haze plan is on track to                   • Does not have Federalism                         enforce its requirements. (See section
                                              achieve the established regional haze                   implications as specified in Executive                307(b)(2)).
                                              visibility improvement goals for the first              Order 13132 (64 FR 43255, August 10,
                                                                                                                                                            List of Subjects in 40 CFR Part 52
                                              implementation period. EPA finds that                   1999);
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                                              the Illinois progress report satisfies 40                  • Is not an economically significant                 Environmental protection, Air
                                              CFR 51.308.                                             regulatory action based on health or                  pollution control, Incorporation by
                                                                                                      safety risks subject to Executive Order               reference, Intergovernmental relations,
                                              III. What action is EPA taking?                         13045 (62 FR 19885, April 23, 1997);                  Nitrogen dioxide, Particulate matter,
                                                 EPA is approving the regional haze                      • Is not a significant regulatory action           Reporting and recordkeeping
                                              progress report submitted on February                   subject to Executive Order 13211 (66 FR               requirements, Sulfur oxides, Volatile
                                              1, 2017, as a revision to the Illinois SIP              28355, May 22, 2001);                                 organic compounds.


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                                              15746              Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

                                                Dated: April 3, 2018.                                 PART 52—APPROVAL AND                                         ‘‘Regional Haze Progress Report’’
                                              Cathy Stepp,                                            PROMULGATION OF                                              immediately following the entry for
                                              Regional Administrator, Region 5.                       IMPLEMENTATION PLANS                                         ‘‘Regional haze plan’’ to read as follows:
                                                 40 CFR part 52 is amended as follows:                ■ 1. The authority citation for part 52                      § 52.720     Identification of plan.
                                                                                                      continues to read as follows:                                *       *    *         *    *
                                                                                                          Authority: 42 U.S.C. 7401 et seq.                            (e) * * *
                                                                                                      ■ 2. In § 52.720, the table in paragraph
                                                                                                      (e) is amended by adding the entry

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


                                                       *                 *                        *                              *                           *                        *                   *
                                              Regional Haze Progress Re- Statewide ...........................               02/01/17         April 12, 2018, [insert Fed-
                                                port.                                                                                           eral Register citation].

                                                        *                       *                         *                          *                        *                       *                   *



                                              [FR Doc. 2018–07519 Filed 4–11–18; 8:45 am]             the regional haze SIP, submitted                             updates to the Enhanced Smoke
                                              BILLING CODE 6560–50–P                                  concurrently with the progress report.                       Management Plan, Long-Term Strategy,
                                                                                                      DATES: This final rule is effective May                      and Commitment to Future 308 Plan
                                                                                                      14, 2018.                                                    Revision sections of the regional haze
                                              ENVIRONMENTAL PROTECTION                                ADDRESSES: The EPA has established a                         SIP, submitted concurrently with the
                                              AGENCY                                                  docket for this action under Docket ID                       progress report (83 FR 7002). An
                                                                                                      No. EPA–R10–OAR–2016–0749. All                               explanation of the Clean Air Act
                                              40 CFR Part 52                                                                                                       requirements, a detailed analysis of the
                                                                                                      documents in the docket are listed on
                                                                                                      the https://www.regulations.gov                              submittal, and the EPA’s reasons for
                                              [EPA–R10–OAR–2016–0749; FRL–9976–                                                                                    proposing approval were provided in
                                              71—Region 10]                                           website. Although listed in the index,
                                                                                                      some information may not be publicly                         the notice of proposed rulemaking, and
                                              Approval and Promulgation of State                      available, i.e., Confidential Business                       will not be restated here. The public
                                              Implementation Plans; Alaska:                           Information or other information the                         comment period for the proposal ended
                                              Regional Haze Progress Report                           disclosure of which is restricted by                         March 19, 2018. We received no adverse
                                                                                                      statute. Certain other material, such as                     comments.1
                                              AGENCY:  Environmental Protection                       copyrighted material, is not placed on                       II. Final Action
                                              Agency (EPA).                                           the internet and is publicly available
                                              ACTION: Final rule.                                     only in hard copy form. Publicly                               The EPA is approving the Alaska
                                                                                                      available docket materials are available                     Regional Haze Progress Report
                                              SUMMARY:    The Environmental Protection                at https://www.regulations.gov and at                        submitted on March 10, 2016, as
                                              Agency (EPA) is approving a revision to                 EPA Region 10, Office of Air and Waste,                      meeting the applicable requirements of
                                              the Alaska regional haze State                          1200 Sixth Avenue, Seattle, Washington                       the Clean Air Act and the federal
                                              Implementation Plan (SIP), submitted                    98101. The EPA requests that you                             Regional Haze Rule, as set forth in 40
                                              by the State of Alaska on March 10,                     contact the person listed in the FOR                         CFR 51.308(g). The EPA has determined
                                              2016. Alaska submitted its Regional                     FURTHER INFORMATION CONTACT section to                       that the existing regional haze SIP is
                                              Haze Progress Report (‘‘progress report’’               schedule your inspection. The Regional                       adequate to meet the state’s visibility
                                              or ‘‘report’’) and a negative declaration               Office’s official hours of business are                      goals and requires no substantive
                                              stating that further revision of the                    Monday through Friday, 8:30 to 4:30,                         revision at this time, as set forth in 40
                                              existing regional haze SIP is not needed                excluding federal holidays.                                  CFR 51.308(h). We have also
                                              at this time. Alaska submitted both the                                                                              determined that Alaska fulfilled the
                                                                                                      FOR FURTHER INFORMATION CONTACT: Jeff
                                              progress report and the negative                                                                                     requirements in 40 CFR 51.308(i)
                                                                                                      Hunt, Air Planning Unit, Office of Air
                                              declaration in the form of                                                                                           regarding state coordination with
                                                                                                      and Waste (OAW–150), EPA Region 10,
                                              implementation plan revisions as                                                                                     Federal Land Managers. Lastly, we are
                                                                                                      1200 Sixth Ave Suite 900, Seattle, WA
                                              required by federal regulations. The                                                                                 approving updates to the Enhanced
                                                                                                      98101; telephone number: (206) 553–
                                              progress report addresses the federal                                                                                Smoke Management Plan, Long-Term
                                                                                                      0256; email address: hunt.jeff@epa.gov.
                                              Regional Haze Rule requirements under                                                                                Strategy, and Commitment to Future
                                                                                                      SUPPLEMENTARY INFORMATION:
                                              the Clean Air Act to submit a report                                                                                 308 Plan Revision sections of the
                                              describing progress in achieving                        Table of Contents                                            regional haze SIP, submitted
                                              reasonable progress goals established for                                                                            concurrently with the Alaska Regional
                                                                                                      I. Background Information
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                                              regional haze and a determination of the                II. Final Action                                             Haze Progress Report.
                                              adequacy of the state’s existing plan                   III. Statutory and Executive Orders Review
                                              addressing regional haze. We are also                                                                                  1 We received two comments in support of the

                                              approving minor updates to the                          I. Background Information                                    proposed approval. We also received five comments
                                                                                                                                                                   that were not germane to the regional haze program
                                              Enhanced Smoke Management Plan,                            On February 16, 2018, the EPA                             or the Alaska submission. See ‘‘AK RH 5 year
                                              Long-Term Strategy, and Commitment                      proposed to approve Alaska’s Regional                        progress_Memo to File reComment’’ included in the
                                              to Future 308 Plan Revision sections of                 Haze Progress Report, as well as minor                       docket for this action.



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Document Created: 2018-11-02 08:14:35
Document Modified: 2018-11-02 08:14:35
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
ActionFinal rule.
DatesThis final rule is effective on May 14, 2018.
ContactCharles Hatten, Environmental Engineer, Control Strategy Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6031, [email protected]
FR Citation83 FR 15744 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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