83_FR_51050 83 FR 50854 - Air Plan Approval; Illinois; Permit-by-Rule Provisions

83 FR 50854 - Air Plan Approval; Illinois; Permit-by-Rule Provisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 196 (October 10, 2018)

Page Range50854-50857
FR Document2018-21876

The Environmental Protection Agency (EPA) is approving revisions to the Illinois State Implementation Plan (SIP) to establish a general framework for permits-by-rule (PBR) and specifically provide a PBR for small boilers. In addition, EPA is approving other state provisions that are affected by the addition of the PBR regulations, as well as minor changes in nomenclature. EPA proposed to approve these revisions on July 18, 2018.

Federal Register, Volume 83 Issue 196 (Wednesday, October 10, 2018)
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Rules and Regulations]
[Pages 50854-50857]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21876]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0276; FRL-9985-11-Region 5]


Air Plan Approval; Illinois; Permit-by-Rule Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Illinois State Implementation Plan (SIP) to establish 
a general framework for permits-by-rule (PBR) and specifically provide 
a PBR for small boilers. In addition, EPA is approving other state 
provisions that are affected by the addition of the PBR regulations, as 
well as minor changes in nomenclature. EPA proposed to approve these 
revisions on July 18, 2018.

DATES: This final rule is effective on November 9, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0276. 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 Danny Marcus, Environmental Engineer, at (312) 353-
8781 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Danny Marcus, Environmental Engineer, 
Air Permits Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-8781, marcus.danny@epa.gov.

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 comments did we receive on the proposed action?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On May 2, 2017, the Illinois Environmental Protection Agency (IEPA) 
submitted a SIP revision to establish a general framework for a PBR 
program. PBR programs establish a streamlined process that allows an 
individual applicant to notify the reviewing authority that it meets 
the eligibility criteria for the permit and the permit conditions 
rather than going through a reviewing authority review and approval 
process.
    Specifically, the SIP revision consists of: (1) IEPA revisions to 
35 IAC Part 201 to add a new Subpart M (35 IAC 201.500 through 
201.540), which establishes general provisions for a PBR program; (2) 
IEPA revisions to Part 201 to add Subpart N to 35 IAC Part 201 (35 IAC 
201.600 through 201.635), which establishes PBR requirements for 
boilers burning certain types of fuel and with heat input capacities of 
less than or equal to 100 Million British Thermal Units per Hour 
(MMBtu/hr); (3) IEPA revisions to 35 IAC 201.103 and 35 IAC 211.4720 to 
change and add certain abbreviations and definitions related to the new 
PBR rules; (4) IEPA revisions to 35 IAC 201.104, incorporation by 
reference, to reference regulations contained in the PBR program; and 
(5) IEPA revisions to 35 IAC 201.146 to change the abbreviation of 
``mmbtu/hr'' to ``MMBtu/hr.''

II. What comments did we receive on the proposed action?

    Our July 18, 2018 proposed rule (83 FR 33894) provided a 30-day 
review and comment period. The comment period closed on August 17, 
2018. EPA received one unrelated comment. This comment is outside the 
scope of this rulemaking and does not provide

[[Page 50855]]

information that would alter EPA's evaluation of the proposed rule, 
which is based on applicable statutory criteria.

III. What action is EPA taking?

    EPA is approving Illinois' general PBR program contained in Subpart 
M, the PBR for boilers less than or equal to 100 MMBtu/hr contained in 
Subpart N, changes to other SIP rules affected by the PBR regulations, 
and minor changes in nomenclature because they meet all applicable 
requirements under the CAA. Specifically, EPA is approving into the 
Illinois SIP IAC Sections 201.103(a) and (b); 201.104(a), (c), (d), and 
(e); 201.146(c), (d), (h), (i), and (fff); 201.500; 201.505; 201.510; 
201.515; 201.520; 201.525; 201.530; 201.535; 201.540; 201.600; 201.605; 
201.610; 201.615; 201.620; 201.625; 201.630; 201.635; and 211.4720. EPA 
is not acting on the revisions to IAC Section 201.146(mmm) for the 
reasons discussed in the proposal (at 83 FR 33897).

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 in the next 
update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air Act. 
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 Clean Air Act; 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 10, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 25, 2018.
James Payne,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. In Sec.  52.720, the table in paragraph (c) is amended by:
0
a. Under ``201: Permits and General Provisions'':
0
i. Revising the entries for 201.103 and 201.104 under ``Subpart A: 
Definitions''.
0
ii. Revising the entry for 201.146 under ``Subpart C: Prohibitions''.
0
iii. Adding headings after the entry for 201.408 titled ``Subpart M: 
Permit By Rule (PBR)--General Provisions'' with entries for 201.500 
through 201.540 and ``Subpart N: Permit By Rule (PBR)--Boilers Less 
Than Or Equal To 100

[[Page 50856]]

MMBtu/hr'' with entries for 201.600 through 201.635.
0
b. Revising the entry for 211.4720 under ``Part 211: Definitions and 
General Provisions'', ``Subpart B: Definitions''.
    The revisions and additions read as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Illinois Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                    State
   Illinois citation         Title/subject     effective date    EPA approval date             Comments
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                                    Part 201: Permits and General Provisions
                                             Subpart A: Definitions
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
201.103................  Abbreviations and          3/24/2017  10/10/2018, [Insert   ...........................
                          Units.                                Federal Register
                                                                citation].
201.104................  Incorporations by          3/24/2017  10/10/2018, [Insert   Except (b).
                          Reference.                            Federal Register
                                                                citation].
 
                                                  * * * * * * *
                                             Subpart C: Prohibitions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
201.146................  Exemptions From            3/24/2017  10/10/2018, [Insert   Except (mmm).
                          State Permit                          Federal Register
                          Requirements.                         citation].
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                               Subpart M: Permit By Rule (PBR)--General Provisions
----------------------------------------------------------------------------------------------------------------
201.500................  Purpose.............       3/24/2017  10/10/2018, [Insert   ...........................
                                                                Federal Register
                                                                citation].
201.505................  Applicability.......       3/24/2017  10/10/2018, [Insert   ...........................
                                                                Federal Register
                                                                citation].
201.510................  Notice of Intent to        3/24/2017  10/10/2018, [Insert   ...........................
                          Be Covered By a PBR                   Federal Register
                          (Notification).                       citation].
201.515................  Commencing                 3/24/2017  10/10/2018, [Insert   ...........................
                          Construction or                       Federal Register
                          Modification.                         citation].
201.520................  Modification or            3/24/2017  10/10/2018, [Insert   ...........................
                          Change in Status of                   Federal Register
                          an Emission Unit                      citation].
                          Covered by a PBR.
201.525................  Standard Conditions        3/24/2017  10/10/2018, [Insert   ...........................
                          for PBR.                              Federal Register
                                                                citation].
201.530................  Recordkeeping and          3/24/2017  10/10/2018, [Insert   ...........................
                          Reporting.                            Federal Register
                                                                citation].
201.535................  Authority to Operate       3/24/2017  10/10/2018, [Insert   ...........................
                                                                Federal Register
                                                                citation].
201.540................  Enforcement                3/24/2017  10/10/2018, [Insert   ...........................
                          Authority.                            Federal Register
                                                                citation].
----------------------------------------------------------------------------------------------------------------
                   Subpart N: Permit By Rule (PBR)--Boilers Less Than Or Equal To 100 MMBtu/hr
----------------------------------------------------------------------------------------------------------------
201.600................  Applicability.......       3/24/2017  10/10/2018, [Insert   ...........................
                                                                Federal Register
                                                                citation].
201.605................  Boiler Notice of           3/24/2017  10/10/2018, [Insert   ...........................
                          Intent to Be                          Federal Register
                          Covered by a PBR                      citation].
                          (Notification)
                          201.610.
201.615................  Opacity Requirements       3/24/2017  10/10/2018, [Insert   ...........................
                                                                Federal Register
                                                                citation].
201.620................  Requirements for Use       3/24/2017  10/10/2018, [Insert   ...........................
                          of Diesel Fuel and                    Federal Register
                          Refinery Fuel Gas                     citation].
                          201.625.
201.625................  Carbon Monoxide (CO)       3/24/2017  10/10/2018, [Insert   ...........................
                          Requirements.                         Federal Register
                                                                citation].
201.630................  Nitrogen Oxide (NOX)       3/24/2017  10/10/2018, [Insert   ...........................
                          Requirements.                         Federal Register
                                                                citation].
201.635................  PBR Boiler Reporting       3/24/2017  10/10/2018, [Insert   ...........................
                          Requirements.                         Federal Register
                                                                citation].
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                                  Part 211: Definitions and General Provisions
 
----------------------------------------------------------------------------------------------------------------

[[Page 50857]]

 
                                                  * * * * * * *
                                             Subpart B: Definitions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
211.4720...............  Pipeline Natural Gas       3/24/2017  10/10/2018, [Insert   ...........................
                                                                Federal Register
                                                                citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-21876 Filed 10-9-18; 8:45 am]
 BILLING CODE 6560-50-P



                                             50854            Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations

                                             extend the time within which a petition                      Dated: September 24, 2018.                                Subpart NN—Pennsylvania
                                             for judicial review may be filed, and                      Cosmo Servidio,
                                             shall not postpone the effectiveness of                    Regional Administrator, Region III.                         ■ 2. In § 52.2020, the table in paragraph
                                             such rule or action. This action                                                                                       (e)(1) is amended by adding a second
                                             addressing Pennsylvania’s interstate                            40 CFR part 52 is amended as follows:                  entry for ‘‘Section 110(a)(2)
                                             transport requirements for the 2012                                                                                    Infrastructure Requirements for the 2012
                                             PM2.5 NAAQS, may not be challenged                         PART 52—APPROVAL AND                                        PM2.5 NAAQS’’ after the first entry
                                             later in proceedings to enforce its                        PROMULGATION OF                                             entitled the same to read as follows:
                                             requirements. (See section 307(b)(2)).                     IMPLEMENTATION PLANS
                                                                                                                                                                    § 52.2020   Identification of plan.
                                             List of Subjects in 40 CFR Part 52
                                                                                                        ■ 1. The authority citation for part 52                     *       *    *        *     *
                                               Environmental protection, Air                            continues to read as follows:
                                             pollution control, Incorporation by                                                                                        (e) * * *
                                             reference, Particulate matter.                                 Authority: 42 U.S.C. 7401 et seq.                           (1) * * *

                                                                                                     Applicable               State
                                                 Name of non-regulatory SIP revision                 geographic             submittal             EPA approval date                   Additional explanation
                                                                                                        area                  date


                                                      *                    *                             *                          *                          *                   *                      *
                                             Section 110(a)(2) Infrastructure Require-             Statewide .......            10/11/17         10/10/18, [insert       Docket No. 2018–0054. This action ad-
                                               ments for the 2012 PM2.5 NAAQS.                                                                     Federal Register        dresses the infrastructure element of
                                                                                                                                                   citation].              CAA section 110(a)(2)(D)(i)(I).

                                                        *                        *                          *                          *                       *                      *                    *



                                             *      *       *       *      *                            disclosure is restricted by statute.                        establish a general framework for a PBR
                                             [FR Doc. 2018–21665 Filed 10–9–18; 8:45 am]                Certain other material, such as                             program. PBR programs establish a
                                             BILLING CODE 6560–50–P                                     copyrighted material, is not placed on                      streamlined process that allows an
                                                                                                        the internet and will be publicly                           individual applicant to notify the
                                                                                                        available only in hard copy form.                           reviewing authority that it meets the
                                             ENVIRONMENTAL PROTECTION                                   Publicly available docket materials are                     eligibility criteria for the permit and the
                                             AGENCY                                                     available either through                                    permit conditions rather than going
                                                                                                        www.regulations.gov or at the                               through a reviewing authority review
                                             40 CFR Part 52                                             Environmental Protection Agency,                            and approval process.
                                             [EPA–R05–OAR–2017–0276; FRL–9985–11–                       Region 5, Air and Radiation Division, 77                       Specifically, the SIP revision consists
                                             Region 5]                                                  West Jackson Boulevard, Chicago,                            of: (1) IEPA revisions to 35 IAC Part 201
                                                                                                        Illinois 60604. This facility is open from                  to add a new Subpart M (35 IAC 201.500
                                             Air Plan Approval; Illinois; Permit-by-                    8:30 a.m. to 4:30 p.m., Monday through                      through 201.540), which establishes
                                             Rule Provisions                                            Friday, excluding Federal holidays. We                      general provisions for a PBR program;
                                                                                                        recommend that you telephone Danny                          (2) IEPA revisions to Part 201 to add
                                             AGENCY:  Environmental Protection                                                                                      Subpart N to 35 IAC Part 201 (35 IAC
                                                                                                        Marcus, Environmental Engineer, at
                                             Agency (EPA).                                                                                                          201.600 through 201.635), which
                                                                                                        (312) 353–8781 before visiting the
                                             ACTION: Final rule.                                        Region 5 office.                                            establishes PBR requirements for boilers
                                                                                                        FOR FURTHER INFORMATION CONTACT:                            burning certain types of fuel and with
                                             SUMMARY:    The Environmental Protection
                                                                                                        Danny Marcus, Environmental Engineer,                       heat input capacities of less than or
                                             Agency (EPA) is approving revisions to
                                                                                                        Air Permits Section, Air Programs                           equal to 100 Million British Thermal
                                             the Illinois State Implementation Plan
                                                                                                        Branch (AR–18J), Environmental                              Units per Hour (MMBtu/hr); (3) IEPA
                                             (SIP) to establish a general framework
                                                                                                        Protection Agency, Region 5, 77 West                        revisions to 35 IAC 201.103 and 35 IAC
                                             for permits-by-rule (PBR) and
                                                                                                        Jackson Boulevard, Chicago, Illinois                        211.4720 to change and add certain
                                             specifically provide a PBR for small
                                                                                                        60604, (312) 353–8781, marcus.danny@                        abbreviations and definitions related to
                                             boilers. In addition, EPA is approving
                                                                                                        epa.gov.                                                    the new PBR rules; (4) IEPA revisions to
                                             other state provisions that are affected
                                                                                                        SUPPLEMENTARY INFORMATION:                                  35 IAC 201.104, incorporation by
                                             by the addition of the PBR regulations,
                                                                                                        Throughout this document whenever                           reference, to reference regulations
                                             as well as minor changes in
                                                                                                        ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean                 contained in the PBR program; and (5)
                                             nomenclature. EPA proposed to approve
                                                                                                        EPA. This supplementary information                         IEPA revisions to 35 IAC 201.146 to
                                             these revisions on July 18, 2018.
                                                                                                        section is arranged as follows:                             change the abbreviation of ‘‘mmbtu/hr’’
                                             DATES: This final rule is effective on                                                                                 to ‘‘MMBtu/hr.’’
                                             November 9, 2018.                                          I. Background
                                             ADDRESSES: EPA has established a                           II. What comments did we receive on the                     II. What comments did we receive on
                                                                                                             proposed action?                                       the proposed action?
                                             docket for this action under Docket ID                     III. What action is EPA taking?
                                             No. EPA–R05–OAR–2017–0276. All                                                                                            Our July 18, 2018 proposed rule (83
daltland on DSKBBV9HB2PROD with RULES




                                                                                                        IV. Incorporation by Reference
                                             documents in the docket are listed on                      V. Statutory and Executive Order Reviews                    FR 33894) provided a 30-day review and
                                             the www.regulations.gov website.                                                                                       comment period. The comment period
                                             Although listed in the index, some                         I. Background                                               closed on August 17, 2018. EPA
                                             information is not publicly available,                        On May 2, 2017, the Illinois                             received one unrelated comment. This
                                             i.e., Confidential Business Information                    Environmental Protection Agency                             comment is outside the scope of this
                                             (CBI) or other information whose                           (IEPA) submitted a SIP revision to                          rulemaking and does not provide


                                        VerDate Sep<11>2014     16:31 Oct 09, 2018   Jkt 247001   PO 00000      Frm 00050   Fmt 4700       Sfmt 4700   E:\FR\FM\10OCR1.SGM   10OCR1


                                                              Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations                                              50855

                                             information that would alter EPA’s                        not impose additional requirements                    submit a rule report, which includes a
                                             evaluation of the proposed rule, which                    beyond those imposed by state law. For                copy of the rule, to each House of the
                                             is based on applicable statutory criteria.                that reason, this action:                             Congress and to the Comptroller General
                                                                                                          • Is not a significant regulatory action           of the United States. EPA will submit a
                                             III. What action is EPA taking?
                                                                                                       subject to review by the Office of                    report containing this action and other
                                                EPA is approving Illinois’ general PBR                 Management and Budget under                           required information to the U.S. Senate,
                                             program contained in Subpart M, the                       Executive Orders 12866 (58 FR 51735,                  the U.S. House of Representatives, and
                                             PBR for boilers less than or equal to 100                 October 4, 1993) and 13563 (76 FR 3821,               the Comptroller General of the United
                                             MMBtu/hr contained in Subpart N,                          January 21, 2011);                                    States prior to publication of the rule in
                                             changes to other SIP rules affected by                       • Is not an Executive Order 13771 (82              the Federal Register. A major rule
                                             the PBR regulations, and minor changes                    FR 9339, February 2, 2017) regulatory                 cannot take effect until 60 days after it
                                             in nomenclature because they meet all                     action because SIP approvals are                      is published in the Federal Register.
                                             applicable requirements under the CAA.                    exempted under Executive Order 12866;                 This action is not a ‘‘major rule’’ as
                                             Specifically, EPA is approving into the                      • Does not impose an information                   defined by 5 U.S.C. 804(2).
                                             Illinois SIP IAC Sections 201.103(a) and                  collection burden under the provisions                   Under section 307(b)(1) of the Clean
                                             (b); 201.104(a), (c), (d), and (e);                       of the Paperwork Reduction Act (44                    Air Act, petitions for judicial review of
                                             201.146(c), (d), (h), (i), and (fff); 201.500;            U.S.C. 3501 et seq.);                                 this action must be filed in the United
                                             201.505; 201.510; 201.515; 201.520;                          • Is certified as not having a                     States Court of Appeals for the
                                             201.525; 201.530; 201.535; 201.540;                       significant economic impact on a                      appropriate circuit by December 10,
                                             201.600; 201.605; 201.610; 201.615;                       substantial number of small entities                  2018. Filing a petition for
                                             201.620; 201.625; 201.630; 201.635; and                   under the Regulatory Flexibility Act (5               reconsideration by the Administrator of
                                             211.4720. EPA is not acting on the                        U.S.C. 601 et seq.);                                  this final rule does not affect the finality
                                             revisions to IAC Section 201.146(mmm)                        • Does not contain any unfunded                    of this action for the purposes of judicial
                                             for the reasons discussed in the                          mandate or significantly or uniquely                  review nor does it extend the time
                                             proposal (at 83 FR 33897).                                affect small governments, as described                within which a petition for judicial
                                                                                                       in the Unfunded Mandates Reform Act                   review may be filed, and shall not
                                             IV. Incorporation by Reference
                                                                                                       of 1995 (Pub. L. 104–4);                              postpone the effectiveness of such rule
                                               In this rule, EPA is finalizing                            • Does not have Federalism                         or action. This action may not be
                                             regulatory text that includes                             implications as specified in Executive
                                             incorporation by reference. In                                                                                  challenged later in proceedings to
                                                                                                       Order 13132 (64 FR 43255, August 10,                  enforce its requirements. (See section
                                             accordance with requirements of 1 CFR                     1999);                                                307(b)(2).)
                                             51.5, EPA is finalizing the incorporation                    • Is not an economically significant
                                             by reference of the Illinois Regulations                  regulatory action based on health or                  List of Subjects in 40 CFR Part 52
                                             described in the amendments to 40 CFR                     safety risks subject to Executive Order                 Environmental protection, Air
                                             part 52 set forth below. EPA has made,                    13045 (62 FR 19885, April 23, 1997);                  pollution control, Carbon monoxide,
                                             and will continue to make, these                             • Is not a significant regulatory action
                                                                                                                                                             Incorporation by reference,
                                             documents generally available through                     subject to Executive Order 13211 (66 FR
                                                                                                                                                             Intergovernmental relations, Nitrogen
                                             www.regulations.gov and at the EPA                        28355, May 22, 2001);
                                                                                                                                                             dioxide, Ozone, Particulate matter,
                                             Region 5 Office (please contact the                          • Is not subject to requirements of
                                                                                                                                                             Reporting and recordkeeping
                                             person identified in the FOR FURTHER                      Section 12(d) of the National
                                                                                                                                                             requirements, Sulfur oxides, Volatile
                                             INFORMATION CONTACT section of this                       Technology Transfer and Advancement
                                                                                                                                                             organic compounds.
                                             preamble for more information).                           Act of 1995 (15 U.S.C. 272 note) because
                                             Therefore, these materials have been                      application of those requirements would                 Dated: September 25, 2018.
                                             approved by EPA for inclusion in the                      be inconsistent with the Clean Air Act;               James Payne,
                                             State implementation plan, have been                      and                                                   Acting Regional Administrator, Region 5.
                                             incorporated by reference by EPA into                        • Does not provide EPA with the
                                                                                                                                                                 40 CFR part 52 is amended as follows:
                                             that plan, are fully federally enforceable                discretionary authority to address, as
                                             under sections 110 and 113 of the CAA                     appropriate, disproportionate human                   PART 52—APPROVAL AND
                                             as of the effective date of the final                     health or environmental effects, using                PROMULGATION OF
                                             rulemaking of EPA’s approval, and will                    practicable and legally permissible                   IMPLEMENTATION PLANS
                                             be incorporated by reference in the next                  methods, under Executive Order 12898
                                             update to the SIP compilation.1                           (59 FR 7629, February 16, 1994).                      ■ 1. The authority citation for part 52
                                                                                                          In addition, the SIP is not approved               continues to read as follows:
                                             V. Statutory and Executive Order                          to apply on any Indian reservation land
                                             Reviews                                                                                                             Authority: 42 U.S.C. 7401 et seq.
                                                                                                       or in any other area where EPA or an
                                               Under the Clean Air Act, the                            Indian tribe has demonstrated that a                  ■  2. In § 52.720, the table in paragraph
                                             Administrator is required to approve a                    tribe has jurisdiction. In those areas of             (c) is amended by:
                                             SIP submission that complies with the                     Indian country, the rule does not have                ■ a. Under ‘‘201: Permits and General
                                             provisions of the Clean Air Act and                       tribal implications and will not impose               Provisions’’:
                                             applicable Federal regulations. 42                        substantial direct costs on tribal                    ■ i. Revising the entries for 201.103 and
                                             U.S.C. 7410(k); 40 CFR 52.02(a). Thus,                    governments or preempt tribal law as                  201.104 under ‘‘Subpart A: Definitions’’.
                                             in reviewing SIP submissions, EPA’s                       specified by Executive Order 13175 (65                ■ ii. Revising the entry for 201.146
                                                                                                                                                             under ‘‘Subpart C: Prohibitions’’.
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                                             role is to approve state choices,                         FR 67249, November 9, 2000).
                                             provided that they meet the criteria of                      The Congressional Review Act, 5                    ■ iii. Adding headings after the entry for
                                             the Clean Air Act. Accordingly, this                      U.S.C. 801 et seq., as added by the Small             201.408 titled ‘‘Subpart M: Permit By
                                             action merely approves state law as                       Business Regulatory Enforcement                       Rule (PBR)—General Provisions’’ with
                                             meeting Federal requirements and does                     Fairness Act of 1996, generally provides              entries for 201.500 through 201.540 and
                                                                                                       that before a rule may take effect, the               ‘‘Subpart N: Permit By Rule (PBR)—
                                               1 62   FR 27968 (May 22, 1997).                         agency promulgating the rule must                     Boilers Less Than Or Equal To 100


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                                             50856            Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations

                                             MMBtu/hr’’ with entries for 201.600                                  General Provisions’’, ‘‘Subpart B:                        § 52.720   Identification of plan.
                                             through 201.635.                                                     Definitions’’.                                            *       *    *       *    *
                                             ■ b. Revising the entry for 211.4720                                   The revisions and additions read as
                                                                                                                                                                                (c) * * *
                                             under ‘‘Part 211: Definitions and                                    follows:

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



                                                        *                             *                              *                  *                  *                                 *                    *
                                                                                                                    Part 201: Permits and General Provisions
                                                                                                                              Subpart A: Definitions


                                                      *                         *                         *                                    *                     *                  *                         *
                                             201.103 ..........     Abbreviations and Units ..............................                 3/24/2017     10/10/2018, [Insert Federal Register cita-
                                                                                                                                                           tion].
                                             201.104 ..........     Incorporations by Reference .......................                    3/24/2017     10/10/2018, [Insert Federal Register cita-       Except (b).
                                                                                                                                                           tion].

                                                        *                             *                              *                       *                         *                     *                    *
                                                                                                                                  Subpart C: Prohibitions


                                                      *                        *                *                                              *                     *                  *                         *
                                             201.146 ..........     Exemptions From State Permit Require-                                  3/24/2017     10/10/2018, [Insert Federal Register cita-       Except (mmm).
                                                                      ments.                                                                               tion].


                                                        *                             *                         *                  *                *                                        *                    *
                                                                                                          Subpart M: Permit By Rule (PBR)—General Provisions

                                             201.500 ..........     Purpose .......................................................        3/24/2017     10/10/2018,   [Insert Federal Register cita-
                                                                                                                                                           tion].
                                             201.505 ..........     Applicability ..................................................       3/24/2017     10/10/2018,   [Insert Federal Register cita-
                                                                                                                                                           tion].
                                             201.510 ..........     Notice of Intent to Be Covered By a PBR                                3/24/2017     10/10/2018,   [Insert Federal Register cita-
                                                                      (Notification).                                                                      tion].
                                             201.515 ..........     Commencing Construction or Modification                                3/24/2017     10/10/2018,   [Insert Federal Register cita-
                                                                                                                                                           tion].
                                             201.520 ..........     Modification or Change in Status of an                                 3/24/2017     10/10/2018,   [Insert Federal Register cita-
                                                                      Emission Unit Covered by a PBR.                                                      tion].
                                             201.525 ..........     Standard Conditions for PBR ......................                     3/24/2017     10/10/2018,   [Insert Federal Register cita-
                                                                                                                                                           tion].
                                             201.530 ..........     Recordkeeping and Reporting ....................                       3/24/2017     10/10/2018,   [Insert Federal Register cita-
                                                                                                                                                           tion].
                                             201.535 ..........     Authority to Operate ....................................              3/24/2017     10/10/2018,   [Insert Federal Register cita-
                                                                                                                                                           tion].
                                             201.540 ..........     Enforcement Authority .................................                3/24/2017     10/10/2018,   [Insert Federal Register cita-
                                                                                                                                                           tion].

                                                                                     Subpart N: Permit By Rule (PBR)—Boilers Less Than Or Equal To 100 MMBtu/hr

                                             201.600 ..........     Applicability ..................................................       3/24/2017     10/10/2018,   [Insert Federal Register cita-
                                                                                                                                                           tion].
                                             201.605 ..........     Boiler Notice of Intent to Be Covered by a                             3/24/2017     10/10/2018,   [Insert Federal Register cita-
                                                                      PBR (Notification) 201.610.                                                          tion].
                                             201.615 ..........     Opacity Requirements .................................                 3/24/2017     10/10/2018,   [Insert Federal Register cita-
                                                                                                                                                           tion].
                                             201.620 ..........     Requirements for Use of Diesel Fuel and                                3/24/2017     10/10/2018,   [Insert Federal Register cita-
                                                                      Refinery Fuel Gas 201.625.                                                           tion].
                                             201.625 ..........     Carbon Monoxide (CO) Requirements .......                              3/24/2017     10/10/2018,   [Insert Federal Register cita-
                                                                                                                                                           tion].
                                             201.630 ..........     Nitrogen Oxide (NOX) Requirements ..........                           3/24/2017     10/10/2018,   [Insert Federal Register cita-
                                                                                                                                                           tion].
                                             201.635 ..........     PBR Boiler Reporting Requirements ..........                           3/24/2017     10/10/2018,   [Insert Federal Register cita-
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                                                                                                                                                           tion].


                                                        *                             *                             *                    *                 *                                 *                    *
                                                                                                                  Part 211: Definitions and General Provisions




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                                                              Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations                                                     50857

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

                                                        *                           *                          *                     *                            *                      *              *
                                                                                                                           Subpart B: Definitions


                                                     *                           *                          *                          *                         *                  *                   *
                                             211.4720 ........      Pipeline Natural Gas ...................................       3/24/2017         10/10/2018, [Insert Federal Register cita-
                                                                                                                                                       tion].

                                                        *                           *                          *                          *                       *                      *              *



                                             *      *       *         *       *                             DATES:  The quota transfer is effective                    and 24.8 mt, respectively. See
                                             [FR Doc. 2018–21876 Filed 10–9–18; 8:45 am]                    October 4, 2018, through November 30,                      § 635.27(a). Each of the General category
                                             BILLING CODE 6560–50–P                                         2018. The closure is effective 11:30                       time periods (January, June through
                                                                                                            p.m., local time, October 5, 2018,                         August, September, October through
                                                                                                            through November 30, 2018.                                 November, and December) is allocated a
                                             DEPARTMENT OF COMMERCE                                         FOR FURTHER INFORMATION CONTACT:                           ‘‘subquota’’ or portion of the annual
                                                                                                            Sarah McLaughlin or Brad McHale,                           General category quota. Although it is
                                             National Oceanic and Atmospheric                               978–281–9260.                                              called the ‘‘January’’ subquota, the
                                             Administration                                                 SUPPLEMENTARY INFORMATION:                                 regulations allow the General category
                                                                                                            Regulations implemented under the                          fishery under this quota to continue
                                             50 CFR Part 635                                                authority of the Atlantic Tunas                            until the subquota is reached or March
                                             [Docket No. 150121066–5717–02]                                 Convention Act (ATCA; 16 U.S.C. 971 et                     31, whichever comes first. The
                                                                                                            seq.) and the Magnuson-Stevens Fishery                     subquotas for each time period are as
                                             RIN 0648–XG534
                                                                                                            Conservation and Management Act                            follows: 24.7 mt for January; 233.3 mt
                                                                                                            (Magnuson-Stevens Act; 16 U.S.C. 1801                      for June through August; 123.7 mt for
                                             Atlantic Highly Migratory Species;                                                                                        September; 60.7 mt for October through
                                             Atlantic Bluefin Tuna Fisheries                                et seq.) governing the harvest of BFT by
                                                                                                            persons and vessels subject to U.S.                        November; and 24.3 mt for December.
                                             AGENCY:   National Marine Fisheries                            jurisdiction are found at 50 CFR part                      Any unused General category quota
                                             Service (NMFS), National Oceanic and                           635. Section 635.27 subdivides the U.S.                    rolls forward within the fishing year,
                                             Atmospheric Administration (NOAA),                             BFT quota recommended by the                               which coincides with the calendar year,
                                             Commerce.                                                      International Commission for the                           from one time period to the next, and
                                                                                                            Conservation of Atlantic Tunas (ICCAT)                     is available for use in subsequent time
                                             ACTION: Temporary rule; General
                                                                                                            and as implemented by the United                           periods. To date for 2018, NMFS has
                                             category October–November fishery for
                                                                                                            States among the various domestic                          published four actions that have
                                             2018; inseason bluefin tuna quota
                                                                                                            fishing categories, per the allocations                    adjusted the available 2018 Reserve
                                             transfer and closure.
                                                                                                            established in the 2006 Consolidated                       category quota, leaving 18.5 mt
                                             SUMMARY:    NMFS transfers 55 metric                           Highly Migratory Species Fishery                           currently available (83 FR 9232, March
                                             tons (mt) of Atlantic bluefin tuna (BFT)                       Management Plan (2006 Consolidated                         5, 2018; 83 FR 17110, April 18, 2018; 83
                                             quota to the General category October                          HMS FMP) (71 FR 58058, October 2,                          FR 38664, August 7, 2018; and 83 FR
                                             through November 2018 subquota                                 2006), as amended by Amendment 7 to                        47843, September 21, 2018). In the
                                             period (40 mt from the Harpoon                                 the 2006 Consolidated HMS FMP                              Harpoon category, the base annual
                                             category and 15 mt from the Reserve                            (Amendment 7) (79 FR 71510, December                       subquota was 38.6 mt but was adjusted
                                             category) and closes the General                               2, 2014). NMFS is required under ATCA                      to 68.6 mt with a transfer of 30 mt from
                                             category fishery for large medium and                          and the Magnuson-Stevens Act to                            the Reserve category in August 2018 (83
                                             giant BFT until the General category                           provide U.S. fishing vessels with a                        FR 38664, August 7, 2018). The category
                                             reopens on December 1, 2018. The quota                         reasonable opportunity to harvest the                      has had no landings since the August
                                             transfer is intended to provide                                ICCAT-recommended quota.                                   transfer.
                                             additional fishing opportunities based                            NMFS is required, under regulations                        Although NMFS has published a
                                             on consideration of the regulatory                             at § 635.28(a)(1), to file a closure notice                proposed rule (83 FR 31517, July 6,
                                             determination criteria regarding                               for publication with the Office of the                     2018) that would increase the baseline
                                             inseason adjustments and applies to                            Federal Register when a BFT quota is                       U.S. bluefin tuna quota from 1,058.79
                                             Atlantic tunas General category                                reached or is projected to be reached.                     mt to 1,247.86 mt and accordingly
                                             (commercial) permitted vessels and                             On and after the effective date and time                   increase the subquotas for 2018
                                             Atlantic Highly Migratory Species                              of such notification, for the remainder of                 (including an expected increase in the
                                             (HMS) Charter/Headboat category                                the fishing year or for a specified period                 General category October through
                                             permitted vessels with a commercial                            as indicated in the notification,                          November time period subquota from
                                             sale endorsement when fishing                                                                                             60.7 mt to 72.2 mt, consistent with the
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                                                                                                            retaining, possessing, or landing BFT
                                             commercially for BFT. Given that the                           under that quota category is prohibited                    annual bluefin tuna quota calculation
                                             adjusted quota is projected to be caught                       until the opening of the subsequent                        process established in § 635.27(a)), the
                                             quickly, the closure is to prevent                             quota period or until such date as                         final rule (the ‘‘quota rule’’) has not yet
                                             overharvest of the adjusted General                            specified in the notice.                                   filed for public inspection with the
                                             category October through November                                 The current baseline General and                        Office of the Federal Register and is not
                                             2018 BFT subquota.                                             Reserve category quotas are 466.7 mt                       yet effective.


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Document Created: 2018-10-10 17:38:40
Document Modified: 2018-10-10 17:38:40
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 November 9, 2018.
ContactDanny Marcus, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8781, [email protected]
FR Citation83 FR 50854 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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