83_FR_8797 83 FR 8756 - Air Plan Approval; Illinois; Redesignation of the Illinois Portion of the St. Louis-St. Charles-Farmington, Missouri-Illinois Area to Attainment of the 2008 Ozone Standard

83 FR 8756 - Air Plan Approval; Illinois; Redesignation of the Illinois Portion of the St. Louis-St. Charles-Farmington, Missouri-Illinois Area to Attainment of the 2008 Ozone Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 41 (March 1, 2018)

Page Range8756-8758
FR Document2018-04094

The Environmental Protection Agency (EPA) is taking final action to find that the St. Louis-St. Charles-Farmington, Missouri- Illinois (MO-IL) area, ``the St. Louis area,'' is attaining the 2008 ozone National Ambient Air Quality Standard (NAAQS or standard) and is redesignating the Illinois portion of the St. Louis area, ``the Metro- East area,'' to attainment for the 2008 ozone NAAQS because the Metro- East area meets the statutory requirements for redesignation under the Clean Air Act (CAA). The St. Louis area includes Madison, Monroe and St. Clair Counties in Illinois (the Metro-East area), and Franklin, Jefferson, St. Charles, and St. Louis Counties and the City of St. Louis in Missouri. (EPA will address the Missouri portion of the St. Louis area in a separate rulemaking action.) EPA is also approving, as a revision to the Illinois State Implementation Plan (SIP), the State's plan for maintaining the 2008 ozone standard through 2030 in the St. Louis area. Finally, EPA finds adequate and is approving, as a SIP revision, the State's 2030 volatile organic compound (VOC) and oxides of nitrogen (NO<INF>X</INF>) Motor Vehicle Emission Budgets (MVEBs) for the Metro-East area. The Illinois Environmental Protection Agency (IEPA) submitted the SIP revision and request to redesignate the Metro- East area on May 8, 2017. EPA proposed this action on December 8, 2017 and received two public comments in response that are not relevant to this action.

Federal Register, Volume 83 Issue 41 (Thursday, March 1, 2018)
[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)]
[Rules and Regulations]
[Pages 8756-8758]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04094]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2017-0277; FRL-9974-86--Region 5]


Air Plan Approval; Illinois; Redesignation of the Illinois 
Portion of the St. Louis-St. Charles-Farmington, Missouri-Illinois Area 
to Attainment of the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to find that the St. Louis-St. Charles-Farmington, Missouri-
Illinois (MO-IL) area, ``the St. Louis area,'' is attaining the 2008 
ozone National Ambient Air Quality Standard (NAAQS or standard) and is 
redesignating the Illinois portion of the St. Louis area, ``the Metro-
East area,'' to attainment for the 2008 ozone NAAQS because the Metro-
East area meets the statutory requirements for redesignation under the 
Clean Air Act (CAA). The St. Louis area includes Madison, Monroe and 
St. Clair Counties in Illinois (the Metro-East area), and Franklin, 
Jefferson, St. Charles, and St. Louis Counties and the City of St. 
Louis in Missouri. (EPA will address the Missouri portion of the St. 
Louis area in a separate rulemaking action.) EPA is also approving, as 
a revision to the Illinois State Implementation Plan (SIP), the State's 
plan for maintaining the 2008 ozone standard through 2030 in the St. 
Louis area. Finally, EPA finds adequate and is approving, as a SIP 
revision, the State's 2030 volatile organic compound (VOC) and oxides 
of nitrogen (NOX) Motor Vehicle Emission Budgets (MVEBs) for 
the Metro-East area. The Illinois Environmental Protection Agency 
(IEPA) submitted the SIP revision and request to redesignate the Metro-
East area on May 8, 2017. EPA proposed this action on December 8, 2017 
and received two public comments in response that are not relevant to 
this action.

DATES: This final rule is effective March 1, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0277. All documents in the docket are listed in 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information 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 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

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

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What is being addressed in this document?

    This rule takes action on the submission from IEPA, dated May 8, 
2017, requesting redesignation of the Metro-East area to attainment for 
the 2008 ozone standard. The background for this action is discussed in 
detail in EPA's proposal, dated December 8, 2017 (82 FR 57892). In that 
rulemaking, we noted that, under EPA regulations at 40 CFR part 50, the 
2008 ozone NAAQS is attained in an area when the 3-year average of the 
annual fourth highest daily maximum 8-hour average concentration is 
equal to or less than 0.075 parts per million, when truncated after the 
thousandth decimal place, at all of the ozone monitoring sites in the 
area. (See 40 CFR 50.15 and appendix P to 40 CFR part 50.) Under the 
CAA, EPA may redesignate nonattainment areas to attainment if 
sufficient complete, quality-assured data are available to determine 
that the area has attained the standard and if it meets the other CAA 
redesignation requirements in section 107(d)(3)(E). The proposed rule 
provides a detailed discussion of how Illinois has met these CAA 
requirements.
    As discussed in the December 8, 2017, proposal, quality-assured and 
certified monitoring data for 2014-2016 and preliminary data for 2017 
show that the St. Louis area has attained and continues to attain the 
2008 ozone standard. In the maintenance plan submitted for the area, 
Illinois has demonstrated that the ozone standard will be maintained in 
the area through 2030. Finally, Illinois adopted 2030 VOC and 
NOX MVEBs for the Metro East portion of the St. Louis area 
that are adequate and supported by IEPA's maintenance demonstration.

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

    EPA provided a 30-day review and comment period for the December 8, 
2017, proposed rule. The comment period ended on January 8, 2018. We 
received two comments, which were related to general concerns about 
wildfires and the EPA Administrator. These comments are not specific to 
this action and thus are not addressed here.

III. What action is EPA taking?

    No comments were submitted that change our assessment of the rule 
as described in our proposed action. Therefore, EPA is determining that 
the St. Louis nonattainment area is attaining the 2008 ozone standard, 
based on quality-assured and certified monitoring data for 2014-2016, 
and that the Metro-East portion of this area has met the requirements 
for redesignation under section 107(d)(3)(E) of the CAA. EPA is thus 
approving IEPA's request to change the legal designation of the Metro-
East portion of the St. Louis area from nonattainment to attainment for 
the 2008 ozone standard. EPA is also approving, as a revision to the 
Illinois SIP, the state's maintenance plan for the area. The 
maintenance plan is designed to keep the St. Louis area in attainment 
of the 2008 ozone NAAQS through 2030. Finally, EPA finds adequate and 
is approving, as a SIP revision, the newly-established 2030 MVEBs for 
the Metro-East area.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for these actions to become effective immediately upon publication. 
This is because a delayed effective date is unnecessary due to the 
nature of a redesignation to attainment, which relieves the area from 
certain CAA requirements that would otherwise apply to it. The 
immediate effective date for this action is authorized under both 5 
U.S.C. 553(d)(1), which provides that rulemaking actions may become 
effective less than 30 days after publication if the rule ``grants or 
recognizes an exemption or relieves a restriction,'' and section 
553(d)(3), which allows an effective date less than 30 days after 
publication ``as otherwise provided by the agency for good cause found 
and published with the rule.'' The purpose of the 30-day waiting period 
prescribed in section 553(d) is to give affected parties a reasonable 
time to adjust their behavior and prepare before the final rule takes 
effect. This rule,

[[Page 8757]]

however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, this rule relieves the state of planning requirements 
for this ozone nonattainment area. For these reasons, EPA finds good 
cause under 5 U.S.C. 553(d)(1) and (3) for these actions to become 
effective on the date of publication of these actions.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, 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, this rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because 
redesignation is an action that affects the status of a geographical 
area and does not impose any new regulatory requirements on tribes, 
impact any existing sources of air pollution on tribal lands, nor 
impair the maintenance of ozone national ambient air quality standards 
in tribal lands.
    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 April 30, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Designations and classifications, 
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: February 14, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. In Sec.  52.720, the table in paragraph (e) is amended by adding the 
entry ``Ozone (8-hour, 2008) redesignation and maintenance plan'' 
following the entry for ``Ozone (8-hour, 2008) Determination of 
Attainment'' to read as follows:


Sec.  52.720   Identification of plan.

* * * * *
    (e) * * *

[[Page 8758]]



                       EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
     Name of SIP provision          geographic or         State         EPA approval date          Comments
                                 nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
                                        Attainment and Maintenance Plans
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Ozone (8-hour, 2008)             St. Louis area....        5/8/2017  3/1/2018 [insert         ..................
 redesignation and maintenance                                        Federal Register
 plan.                                                                citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. Section 81.314 is amended by revising the entry ``St. Louis-St. 
Charles-Farmington, MO-IL:'' in the table entitled ``Illinois--2008 8-
Hour Ozone NAAQS (Primary and secondary)'' to read as follows:


Sec.  81.314   Illinois.

* * * * *

                                                            Illinois--2008 8-Hour Ozone NAAQS
                                                                 [Primary and secondary]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Designation                                           Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                             Date \1\                      Type                      Date \1\                      Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
St. Louis-St. Charles-Farmington, MO-IL:
 \2\
    Madison County, Monroe County, St.          3/1/2018  Attainment............................
     Clair County
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

* * * * *
[FR Doc. 2018-04094 Filed 2-28-18; 8:45 am]
 BILLING CODE 6560-50-P



                                           8756               Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations

                                           [FR Doc. 2018–04184 Filed 2–28–18; 8:45 am]             e.g., Confidential Business Information               VOC and NOX MVEBs for the Metro East
                                           BILLING CODE 6560–50–P                                  or other information whose disclosure is              portion of the St. Louis area that are
                                                                                                   restricted by statute. Certain other                  adequate and supported by IEPA’s
                                                                                                   material, such as copyrighted material,               maintenance demonstration.
                                           ENVIRONMENTAL PROTECTION                                is not placed on the internet and will be
                                           AGENCY                                                                                                        II. What comments did we receive on
                                                                                                   publicly available only in hard copy                  the proposed rule?
                                                                                                   form. Publicly available docket
                                           40 CFR Parts 52 and 81                                  materials are available either through                   EPA provided a 30-day review and
                                           [EPA–R05–OAR–2017–0277; FRL–9974–                       http://www.regulations.gov, or please                 comment period for the December 8,
                                           86—Region 5]                                            contact the person identified in the FOR              2017, proposed rule. The comment
                                                                                                   FURTHER INFORMATION CONTACT section                   period ended on January 8, 2018. We
                                           Air Plan Approval; Illinois;                            for additional availability information.              received two comments, which were
                                           Redesignation of the Illinois Portion of                                                                      related to general concerns about
                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                           the St. Louis-St. Charles-Farmington,                                                                         wildfires and the EPA Administrator.
                                                                                                   Kathleen D’Agostino, Environmental
                                           Missouri-Illinois Area to Attainment of                                                                       These comments are not specific to this
                                                                                                   Scientist, Attainment Planning and
                                           the 2008 Ozone Standard                                                                                       action and thus are not addressed here.
                                                                                                   Maintenance Section, Air Programs
                                           AGENCY:  Environmental Protection                       Branch (AR–18J), Environmental                        III. What action is EPA taking?
                                           Agency (EPA).                                           Protection Agency, Region 5, 77 West                     No comments were submitted that
                                           ACTION: Final rule.                                     Jackson Boulevard, Chicago, Illinois                  change our assessment of the rule as
                                                                                                   60604, (312) 886–1767,                                described in our proposed action.
                                           SUMMARY:    The Environmental Protection                dagostino.kathleen@epa.gov.                           Therefore, EPA is determining that the
                                           Agency (EPA) is taking final action to                  SUPPLEMENTARY INFORMATION:                            St. Louis nonattainment area is attaining
                                           find that the St. Louis-St. Charles-                    Throughout this document whenever                     the 2008 ozone standard, based on
                                           Farmington, Missouri-Illinois (MO-IL)                   ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           quality-assured and certified monitoring
                                           area, ‘‘the St. Louis area,’’ is attaining              EPA.                                                  data for 2014–2016, and that the Metro-
                                           the 2008 ozone National Ambient Air                                                                           East portion of this area has met the
                                           Quality Standard (NAAQS or standard)                    I. What is being addressed in this
                                                                                                   document?                                             requirements for redesignation under
                                           and is redesignating the Illinois portion                                                                     section 107(d)(3)(E) of the CAA. EPA is
                                           of the St. Louis area, ‘‘the Metro-East                    This rule takes action on the                      thus approving IEPA’s request to change
                                           area,’’ to attainment for the 2008 ozone                submission from IEPA, dated May 8,                    the legal designation of the Metro-East
                                           NAAQS because the Metro-East area                       2017, requesting redesignation of the                 portion of the St. Louis area from
                                           meets the statutory requirements for                    Metro-East area to attainment for the                 nonattainment to attainment for the
                                           redesignation under the Clean Air Act                   2008 ozone standard. The background                   2008 ozone standard. EPA is also
                                           (CAA). The St. Louis area includes                      for this action is discussed in detail in             approving, as a revision to the Illinois
                                           Madison, Monroe and St. Clair Counties                  EPA’s proposal, dated December 8, 2017                SIP, the state’s maintenance plan for the
                                           in Illinois (the Metro-East area), and                  (82 FR 57892). In that rulemaking, we                 area. The maintenance plan is designed
                                           Franklin, Jefferson, St. Charles, and St.               noted that, under EPA regulations at 40               to keep the St. Louis area in attainment
                                           Louis Counties and the City of St. Louis                CFR part 50, the 2008 ozone NAAQS is                  of the 2008 ozone NAAQS through
                                           in Missouri. (EPA will address the                      attained in an area when the 3-year                   2030. Finally, EPA finds adequate and
                                           Missouri portion of the St. Louis area in               average of the annual fourth highest                  is approving, as a SIP revision, the
                                           a separate rulemaking action.) EPA is                   daily maximum 8-hour average                          newly-established 2030 MVEBs for the
                                           also approving, as a revision to the                    concentration is equal to or less than                Metro-East area.
                                           Illinois State Implementation Plan (SIP),               0.075 parts per million, when truncated                  In accordance with 5 U.S.C. 553(d),
                                           the State’s plan for maintaining the 2008               after the thousandth decimal place, at                EPA finds there is good cause for these
                                           ozone standard through 2030 in the St.                  all of the ozone monitoring sites in the              actions to become effective immediately
                                           Louis area. Finally, EPA finds adequate                 area. (See 40 CFR 50.15 and appendix                  upon publication. This is because a
                                           and is approving, as a SIP revision, the                P to 40 CFR part 50.) Under the CAA,                  delayed effective date is unnecessary
                                           State’s 2030 volatile organic compound                  EPA may redesignate nonattainment                     due to the nature of a redesignation to
                                           (VOC) and oxides of nitrogen (NOX)                      areas to attainment if sufficient                     attainment, which relieves the area from
                                           Motor Vehicle Emission Budgets                          complete, quality-assured data are                    certain CAA requirements that would
                                           (MVEBs) for the Metro-East area. The                    available to determine that the area has              otherwise apply to it. The immediate
                                           Illinois Environmental Protection                       attained the standard and if it meets the             effective date for this action is
                                           Agency (IEPA) submitted the SIP                         other CAA redesignation requirements                  authorized under both 5 U.S.C.
                                           revision and request to redesignate the                 in section 107(d)(3)(E). The proposed                 553(d)(1), which provides that
                                           Metro-East area on May 8, 2017. EPA                     rule provides a detailed discussion of                rulemaking actions may become
                                           proposed this action on December 8,                     how Illinois has met these CAA                        effective less than 30 days after
                                           2017 and received two public comments                   requirements.                                         publication if the rule ‘‘grants or
                                           in response that are not relevant to this                  As discussed in the December 8, 2017,              recognizes an exemption or relieves a
                                           action.                                                 proposal, quality-assured and certified               restriction,’’ and section 553(d)(3),
                                           DATES: This final rule is effective March               monitoring data for 2014–2016 and                     which allows an effective date less than
                                           1, 2018.                                                preliminary data for 2017 show that the               30 days after publication ‘‘as otherwise
                                           ADDRESSES: EPA has established a                        St. Louis area has attained and                       provided by the agency for good cause
amozie on DSK30RV082PROD with RULES




                                           docket for this action under Docket ID                  continues to attain the 2008 ozone                    found and published with the rule.’’
                                           No. EPA–R05–OAR–2017–0277. All                          standard. In the maintenance plan                     The purpose of the 30-day waiting
                                           documents in the docket are listed in                   submitted for the area, Illinois has                  period prescribed in section 553(d) is to
                                           the http://www.regulations.gov website.                 demonstrated that the ozone standard                  give affected parties a reasonable time to
                                           Although listed in the index, some                      will be maintained in the area through                adjust their behavior and prepare before
                                           information is not publicly available,                  2030. Finally, Illinois adopted 2030                  the final rule takes effect. This rule,


                                      VerDate Sep<11>2014   17:58 Feb 28, 2018   Jkt 244001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\01MRR1.SGM   01MRR1


                                                              Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations                                               8757

                                           however, does not create any new                        affect small governments, as described                This action is not a ‘‘major rule’’ as
                                           regulatory requirements such that                       in the Unfunded Mandates Reform Act                   defined by 5 U.S.C. 804(2).
                                           affected parties would need time to                     of 1995 (Pub. L. 104–4);                                 Under section 307(b)(1) of the CAA,
                                           prepare before the rule takes effect.                      • Does not have Federalism                         petitions for judicial review of this
                                           Rather, this rule relieves the state of                 implications as specified in Executive                action must be filed in the United States
                                           planning requirements for this ozone                    Order 13132 (64 FR 43255, August 10,                  Court of Appeals for the appropriate
                                           nonattainment area. For these reasons,                  1999);                                                circuit by April 30, 2018. Filing a
                                           EPA finds good cause under 5 U.S.C.                        • Is not an economically significant               petition for reconsideration by the
                                           553(d)(1) and (3) for these actions to                  regulatory action based on health or                  Administrator of this final rule does not
                                           become effective on the date of                         safety risks subject to Executive Order               affect the finality of this action for the
                                           publication of these actions.                           13045 (62 FR 19885, April 23, 1997);                  purposes of judicial review nor does it
                                           IV. Statutory and Executive Order                          • Is not a significant regulatory action           extend the time within which a petition
                                           Reviews                                                 subject to Executive Order 13211 (66 FR               for judicial review may be filed, and
                                                                                                   28355, May 22, 2001);                                 shall not postpone the effectiveness of
                                              Under the CAA, redesignation of an                      • Is not subject to requirements of                such rule or action. This action may not
                                           area to attainment and the                              section 12(d) of the National                         be challenged later in proceedings to
                                           accompanying approval of a                              Technology Transfer and Advancement                   enforce its requirements. (See section
                                           maintenance plan under section                          Act of 1995 (15 U.S.C. 272 note) because              307(b)(2)).
                                           107(d)(3)(E) are actions that affect the                application of those requirements would
                                           status of a geographical area and do not                                                                      List of Subjects
                                                                                                   be inconsistent with the CAA; and
                                           impose any additional regulatory
                                                                                                      • Does not provide EPA with the                    40 CFR Part 52
                                           requirements on sources beyond those
                                                                                                   discretionary authority to address, as
                                           imposed by state law. A redesignation to                                                                        Environmental protection, Air
                                                                                                   appropriate, disproportionate human
                                           attainment does not in and of itself                                                                          pollution control, Incorporation by
                                                                                                   health or environmental effects, using
                                           create any new requirements, but rather                                                                       reference, Intergovernmental relations,
                                                                                                   practicable and legally permissible
                                           results in the applicability of                                                                               Oxides of nitrogen, Ozone, Volatile
                                                                                                   methods, under Executive Order 12898
                                           requirements contained in the CAA for                                                                         organic compounds.
                                                                                                   (59 FR 7629, February 16, 1994).
                                           areas that have been redesignated to
                                           attainment. Moreover, the Administrator                    In addition, the SIP is not approved               40 CFR Part 81
                                           is required to approve a SIP submission                 to apply on any Indian reservation land
                                                                                                   or in any other area where EPA or an                    Environmental protection,
                                           that complies with the provisions of the                                                                      Administrative practice and procedure,
                                           CAA and applicable Federal regulations.                 Indian tribe has demonstrated that a
                                                                                                   tribe has jurisdiction. In those areas of             Air pollution control, Designations and
                                           42 U.S.C. 7410(k); 40 CFR 52.02(a).                                                                           classifications, Intergovernmental
                                           Thus, in reviewing SIP submissions,                     Indian country, this rule does not have
                                                                                                   tribal implications as specified by                   relations, Nitrogen oxides, Ozone,
                                           EPA’s role is to approve state choices,                                                                       Reporting and recordkeeping
                                           provided that they meet the criteria of                 Executive Order 13175 (65 FR 67249,
                                                                                                   November 9, 2000), because                            requirements, Volatile organic
                                           the CAA. Accordingly, this action                                                                             compounds.
                                           merely approves state law as meeting                    redesignation is an action that affects
                                           Federal requirements and does not                       the status of a geographical area and                   Dated: February 14, 2018.
                                           impose additional requirements beyond                   does not impose any new regulatory                    Cathy Stepp,
                                           those imposed by state law. For that                    requirements on tribes, impact any                    Regional Administrator, Region 5.
                                           reason, this action:                                    existing sources of air pollution on
                                                                                                   tribal lands, nor impair the maintenance                40 CFR parts 52 and 81 are amended
                                              • Is not a significant regulatory action                                                                   as follows:
                                           subject to review by the Office of                      of ozone national ambient air quality
                                           Management and Budget under                             standards in tribal lands.                            PART 52—APPROVAL AND
                                           Executive Orders 12866 (58 FR 51735,                       The Congressional Review Act, 5                    PROMULGATION OF
                                           October 4, 1993) and 13563 (76 FR 3821,                 U.S.C. 801 et seq., as added by the Small             IMPLEMENTATION PLANS
                                           January 21, 2011);                                      Business Regulatory Enforcement
                                              • Is not an Executive Order 13771 (82                Fairness Act of 1996, generally provides              ■ 1. The authority citation for part 52
                                           FR 9339, February 2, 2017) regulatory                   that before a rule may take effect, the               continues to read as follows:
                                           action because SIP approvals are                        agency promulgating the rule must
                                                                                                   submit a rule report, which includes a                    Authority: 42 U.S.C. 7401 et seq.
                                           exempted under Executive Order 12866;
                                              • Does not impose an information                     copy of the rule, to each House of the                ■ 2. In § 52.720, the table in paragraph
                                           collection burden under the provisions                  Congress and to the Comptroller General               (e) is amended by adding the entry
                                           of the Paperwork Reduction Act (44                      of the United States. EPA will submit a               ‘‘Ozone (8-hour, 2008) redesignation
                                           U.S.C. 3501 et seq.);                                   report containing this action and other               and maintenance plan’’ following the
                                              • Is certified as not having a                       required information to the U.S. Senate,              entry for ‘‘Ozone (8-hour, 2008)
                                           significant economic impact on a                        the U.S. House of Representatives, and                Determination of Attainment’’ to read as
                                           substantial number of small entities                    the Comptroller General of the United                 follows:
                                           under the Regulatory Flexibility Act (5                 States prior to publication of the rule in
                                                                                                   the Federal Register. A major rule                    § 52.720    Identification of plan.
                                           U.S.C. 601 et seq.);
                                              • Does not contain any unfunded                      cannot take effect until 60 days after it             *       *    *      *      *
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                                           mandate or significantly or uniquely                    is published in the Federal Register.                     (e) * * *




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                                           8758                   Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations

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

                                                                                                                 Attainment and Maintenance Plans


                                                   *                   *                                  *                         *                         *                  *                              *
                                           Ozone (8-hour, 2008) redesignation and                 St. Louis area ........           5/8/2017        3/1/2018 [insert Federal Register cita-
                                            maintenance plan.                                                                                         tion].

                                                        *                        *                           *                      *                         *                         *                       *



                                           PART 81—DESIGNATION OF AREAS                                      Authority: 42 U.S.C. 7401, et seq.                    NAAQS (Primary and secondary)’’ to
                                           FOR AIR QUALITY PLANNING                                                                                                read as follows:
                                                                                                         ■ 4. Section 81.314 is amended by
                                           PURPOSES
                                                                                                         revising the entry ‘‘St. Louis-St. Charles-               § 81.314      Illinois.
                                           ■ 3. The authority citation for part 81                       Farmington, MO-IL:’’ in the table                         *       *       *         *    *
                                           continues to read as follows:                                 entitled ‘‘Illinois—2008 8-Hour Ozone

                                                                                                       ILLINOIS—2008 8-HOUR OZONE NAAQS
                                                                                                                       [Primary and secondary]

                                                                                                                                             Designation                                     Classification
                                                                        Designated area
                                                                                                                                Date 1                     Type                   Date 1                      Type


                                                     *                   *                  *                                       *                         *                         *                       *
                                           St. Louis-St. Charles-Farmington, MO-IL: 2
                                                Madison County, Monroe County, St. Clair County                                   3/1/2018      Attainment.

                                                        *                        *                           *                      *                         *                         *                       *
                                               1 This date is July 20, 2012, unless otherwise noted.
                                               2 Excludes Indian country located in each area, unless otherwise noted.




                                           *       *        *       *      *                             regulation establishes a maximum                          Docket is (703) 305–5805. Please review
                                           [FR Doc. 2018–04094 Filed 2–28–18; 8:45 am]                   permissible level for residues of methyl                  the visitor instructions and additional
                                           BILLING CODE 6560–50–P                                        bromide in or on these commodities.                       information about the docket available
                                                                                                         The time-limited tolerances expire on                     at http://www.epa.gov/dockets.
                                                                                                         December 31, 2020.
                                           ENVIRONMENTAL PROTECTION                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                         DATES: This regulation is effective                       Michael Goodis, Director, Registration
                                           AGENCY
                                                                                                         March 1, 2018. Objections and requests                    Division (7505P), Office of Pesticide
                                           40 CFR Part 180                                               for hearings must be received on or                       Programs, Environmental Protection
                                                                                                         before April 30, 2018, and must be filed                  Agency, 1200 Pennsylvania Ave. NW,
                                           [EPA–HQ–OPP–2017–0447; FRL–9971–19]                           in accordance with the instructions                       Washington, DC 20460–0001; main
                                                                                                         provided in 40 CFR part 178 (see also                     telephone number: (703) 305–7090;
                                           Methyl Bromide; Pesticide Tolerances                          Unit I.C. of the SUPPLEMENTARY                            email address: RDFRNotices@epa.gov.
                                           for Emergency Exemptions                                      INFORMATION).
                                                                                                                                                                   SUPPLEMENTARY INFORMATION:
                                           AGENCY:  Environmental Protection                             ADDRESSES:   The docket for this action,
                                                                                                         identified by docket identification (ID)                  I. General Information
                                           Agency (EPA).
                                           ACTION: Final rule.                                           number EPA–HQ–OPP–2017–0447, is                           A. Does this action apply to me?
                                                                                                         available at http://www.regulations.gov
                                           SUMMARY:   This regulation establishes                        or at the Office of Pesticide Programs                       You may be potentially affected by
                                           time-limited tolerances for residues of                       Regulatory Public Docket (OPP Docket)                     this action if you are an agricultural
                                           the fumigant methyl bromide, including                        in the Environmental Protection Agency                    producer, food manufacturer, or
                                           its metabolites and degradates in or on                       Docket Center (EPA/DC), West William                      pesticide manufacturer. The following
                                           post-harvest imported/domestic                                Jefferson Clinton Bldg., Rm. 3334, 1301                   list of North American Industrial
                                           agricultural commodities. This action is                      Constitution Ave. NW, Washington, DC                      Classification System (NAICS) codes is
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                                           in response to EPA’s granting                                 20460–0001. The Public Reading Room                       not intended to be exhaustive, but rather
                                           quarantine exemptions under the                               is open from 8:30 a.m. to 4:30 p.m.,                      provides a guide to help readers
                                           Federal Insecticide, Fungicide, and                           Monday through Friday, excluding legal                    determine whether this document
                                           Rodenticide Act (FIFRA) authorizing                           holidays. The telephone number for the                    applies to them. Potentially affected
                                           use of the pesticide on specified                             Public Reading Room is (202) 566–1744,                    entities may include:
                                           agricultural commodities. This                                and the telephone number for the OPP                         • Crop production (NAICS code 111).


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Document Created: 2018-02-28 23:58:15
Document Modified: 2018-02-28 23:58:15
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 March 1, 2018.
ContactKathleen D'Agostino, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, [email protected]
FR Citation83 FR 8756 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Oxides of Nitrogen; Ozone; Volatile Organic Compounds; Administrative Practice and Procedure; Designations and Classifications; Nitrogen Oxides and Reporting and Recordkeeping Requirements

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