Designation of Areas for Air Quality Planning Purposes; Illinois; Lake Calumet PM-10 Redesignation and Maintenance Plan, 55545-55550 [05-18957]
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Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations
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 November 21,
2005. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule 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).)
relations, Particulate matter, Reporting
and recordkeeping requirements.
40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
Dated: September 13, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
40 CFR parts 52 and 81 are amended
as follows:
I
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
redesignate the Lyons Township
(McCook), Cook County particulate
matter nonattainment area to attainment
of the NAAQS for particulate matter
with an aerodynamic diameter less than
or equal to a nominal 10 micrometers
(PM–10). In its submittal, the State also
requested that EPA approve the
maintenance plan for the area into the
Illinois PM SIP. The redesignation
request and maintenance plan meet the
redesignation requirements of the Clean
Air Act.
Subpart O—Illinois
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 52
continues to read as follows:
I
I
Authority: 42 U.S.C. 7401 et seq.
List of Subjects
2. Section 52.725 is amended by
adding a new paragraph (h) to read as
follows:
40 CFR Part 52
§ 52.725
I
Control Strategy: Particulates.
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(h) Approval—On August 2, 2005, the
State of Illinois submitted a request to
Environmental protection, Air
pollution control, Intergovernmental
55545
1. The authority citation for part 81
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. In § 81.314, the table entitled
‘‘Illinois PM–10’’ is amended by
revising the entry a. Lyons Township to
read as follows:
I
§ 81.314
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Illinois.
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ILLINOIS—PM–10
Designation
Classification
Designated area
Date
Cook County:
a. Lyons Township ...........................................................
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[FR Doc. 05–18958 Filed 9–21–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[R05–OAR–2005–IL–0003; FRL–7973–2]
Designation of Areas for Air Quality
Planning Purposes; Illinois; Lake
Calumet PM–10 Redesignation and
Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is approving the State of
Illinois’ request to redesignate to
attainment the Lake Calumet (Southeast
Chicago) area currently designated as
nonattainment of the National Ambient
Air Quality Standard (NAAQS) for
particulate matter with an aerodynamic
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Type
11/21/2005
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Type
Attainment.
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diameter less than or equal to a nominal
10 micrometers (PM–10). We are also
approving the Lake Calumet
maintenance plan, submitted by the
Illinois Environmental Protection
Agency (IEPA) on August 2, 2005, and
as supplemented on September 8, 2005,
as a revision to the PM–10 State
Implementation Plan (SIP) for this area.
DATES: This ‘‘direct final’’ rule is
effective on November 21, 2005, unless
EPA receives adverse written comments
by October 24, 2005. If EPA receives
adverse comment, it will publish a
timely withdrawal of the rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit comments,
identified by Regional Material in
EDocket (RME) ID No. R05–OAR–2005–
IL–0003, by one of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
Agency Web site: https://
docket.epa.gov/rmepub/. Regional RME,
PO 00000
Date
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*
EPA’s electronic public docket and
comments system, is EPA’s preferred
method for receiving comments. Once
in the system, select ‘‘quick search,’’
then key in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
E-mail: mooney.john@epa.gov.
Fax: (312)886–5824.
Mail: You may send written
comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
Hand delivery: Deliver your
comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR–18J),
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
18th floor, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The Regional
Office’s official hours of business are
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Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations
Monday through Friday, 8:30 a.m. to
4:30 p.m. excluding Federal holidays.
Instructions: Direct your comments to
RME ID No. R05–OAR–2005–IL–0003.
EPA’s policy is that all comments
received will be included in the public
docket without change, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and
the Federal regulations.gov Web site are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through RME or
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to Section I of
the SUPPLEMENTARY INFORMATION section
of the related proposed rule which is
published in the Proposed Rules section
of this Federal Register.
Docket: All documents in the
electronic docket are listed in the RME
index at https://docket.epa.gov/rmepub/.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Publicly available docket materials are
available either electronically in RME or
in hard copy at Environmental
Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. We
recommend that you telephone Christos
Panos, Environmental Engineer, at (312)
353–8328 before visiting the Region 5
office. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Christos Panos, Environmental
Engineer, Criteria Pollutant Section, Air
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Programs Branch (AR–18J), U.S.
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8328.
panos.christos@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplemental information
section is arranged as follows:
I. What Action Is EPA Taking?
II. What Is the Background for this Action?
III. Why Was this SIP Revision Submitted?
IV. What Requirements Must Be Met for
Approval of a Redesignation, and How
Did the State Meet Them?
A. Attainment of the PM–10 NAAQS
B. State Implementation Plan Approval
C. Improvement in Air Quality Due to
Permanent and Enforceable Measures
D. Applicable Requirements of Section 110
and Part D of the Act
1. Section 110 Requirements.
2. Part D Requirements.
E. Fully Approved Maintenance Plan
Under Section 175A of the Act
1. Attainment Inventory.
2. Maintenance Demonstration and
Verification of Continued Attainment.
3. Monitoring Network.
4. Contingency Plan.
V. Rulemaking Action.
VI. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
We are approving the State of Illinois’
request to redesignate the Lake Calumet
PM–10 nonattainment area to
attainment of the PM–10 NAAQS that
was submitted on August 2, 2005, and
as supplemented on September 8, 2005.
We are also approving the maintenance
plan for this area into the Illinois SIP.
II. What Is the Background for this
Action?
On July 1, 1987 (52 FR 24634), EPA
revised the NAAQS for particulate
matter with the PM–10 indicator. (See
40 CFR 50.6). The 24-hour primary PM–
10 standard is 150 micrograms per cubic
meter (µg/m3), with no more than one
expected exceedance per year. The
annual primary PM–10 standard is 50
µg/m3, expected annual arithmetic
mean averaged over three years. The
secondary PM–10 standards are
identical to the primary standards.
Under section 107(d)(4)(B) of the
Clean Air Act (Act), as amended on
November 15, 1990, certain areas were
designated nonattainment for PM–10
and were classified as ‘‘moderate’’.
These initial areas included the Lake
Calumet, Illinois, PM–10 nonattainment
area.
On July 18, 1997 (62 FR 38652), EPA
added a fine particle NAAQS, for
particulate matter less than 2.5 microns
in aerodynamic diameter (PM2.5). EPA
classified the Chicago metropolitan area,
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which includes the Lake Calumet area,
as a PM2.5 nonattainment area on
January 5, 2005.
III. Why Was This SIP Revision
Submitted?
IEPA believes that the Lake Calumet
PM–10 nonattainment area is eligible for
redesignation because we have
approved the PM–10 SIP for this area
and monitoring data demonstrate that
this area has been attaining the PM–10
NAAQS since 1993. Under a cover letter
dated August 2, 2005, and as
supplemented on September 8, 2005,
the State submitted a redesignation
request for the Lake Calumet PM–10
nonattainment area. A public hearing
was held on July 27, 2005. The State did
not receive any adverse comments
during the public hearing or the 30-day
comment period. The redesignation
request contains text describing how the
statutory requirements were met and
consists primarily of a maintenance
plan and air quality monitoring data for
the area.
IV. What Requirements Must Be Met for
Approval of a Redesignation, and How
Did the State Meet Them?
Section 107(d)(3)(D) of the Act allows
the Governor of a State to request the
redesignation of an area from
nonattainment to attainment. The
criteria used to review redesignation
requests are derived from the Act, the
general preamble to Title I of the Clean
Air Act Amendments of 1990 (57 FR
13498), and a September 4, 1992 policy
and guidance memorandum entitled
‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment.’’ An
area can be redesignated to attainment
if the following conditions are met:
1. The area has attained the applicable
NAAQS;
2. The area has a fully approved SIP
under section 110(k) of the Act;
3. The air quality improvement must
be permanent and enforceable;
4. The area has met all relevant
requirements under section 110 and Part
D of the Act;
5. The area must have a fully
approved maintenance plan pursuant to
section 175A of the Act.
A. Attainment of the PM–10 NAAQS
A state must demonstrate that an area
has attained the PM–10 NAAQS through
submittal of ambient air quality data
from an ambient air monitoring network
representing peak PM–10
concentrations. The data, which must be
quality assured and recorded in the
Aerometric Information Retrieval
System (AIRS), must show that the
average annual number of expected
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exceedances for the area is less than or
equal to 1.0, pursuant to 40 CFR section
50.6. The data must represent the most
recent three consecutive years of
complete ambient air quality monitoring
data collected in accordance with EPA
methodologies.
The Cook County Department of
Environmental Control currently
operates two PM–10 monitoring sites in
the Lake Calumet nonattainment area
under agreement with IEPA. The State
submitted ambient air quality data and
supporting documentation from each
monitoring site for the 2001–2003
period demonstrating that the area has
attained the PM–10 NAAQS. This air
quality data was quality assured and
placed in AIRS. There were no
exceedances of the 24-hour or annual
PM–10 NAAQS recorded at these
monitors during this time period.
Therefore, the State has adequately
demonstrated, through ambient air
quality data, that the PM–10 NAAQS
has been attained in Lake Calumet, with
2003 as the attainment year.
B. State Implementation Plan Approval
Those States containing initial
moderate PM–10 nonattainment areas
were required to submit by November
15, 1991 a SIP which implemented
reasonably available control measures
(RACM) by December 10, 1993 and
demonstrated attainment of the PM–10
NAAQS by December 31, 1994. In order
to be redesignated, the SIP for the area
must be fully approved under section
110(k) of the Act, and must satisfy all
requirements that apply to the area.
Illinois submitted the required SIP
revisions for the Lake Calumet PM–10
nonattainment area on May 15, 1992.
Upon review of Illinois’ submittal, we
identified several concerns. Illinois
submitted a letter on March 2, 1994,
committing to satisfy all of these
concerns within one year of final
conditional approval. On May 25, 1994,
we proposed to conditionally approve
the SIP (59 FR 26988). Final conditional
approval was published on November
18, 1994 (59 FR 59653). Illinois made
several submittals to correct the
remaining deficiencies and meet all of
the commitments of the conditional
approval. EPA fully approved the Lake
Calumet PM–10 nonattainment area SIP
on July 14, 1999 (64 FR 37847). With
this approval, Illinois had fulfilled all
Clean Air Act requirements for Part D
plans for the Lake Calumet moderate
PM–10 nonattainment area.
C. Improvement in Air Quality Due to
Permanent and Enforceable Measures
The State must be able to reasonably
attribute the improvement in air quality
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to permanent and enforceable emission
reductions. In making this showing, the
State must demonstrate that air quality
improvements are the result of actual,
enforceable emission reductions.
The State provided a discussion of the
PM–10 emission reductions in Lake
Calumet for the years 1993–2003. PM–
10 emissions dropped significantly in
the area in 1994 as a result of the control
measures included in the PM–10 SIP
approved by EPA in 1999. The State has
adequately demonstrated in its
submittal that the improvement in air
quality is due to permanent and
enforceable emission reductions of over
1500 tons per year of PM–10 in Lake
Calumet as a result of implementing the
federally enforceable control measures
in the SIP.
D. Applicable Requirements of Section
110 and Part D of the Act
To be redesignated to attainment,
section 107(d)(3)(E) requires that an area
must have met all applicable
requirements of section 110 and of part
D of the Act. The EPA interprets this to
mean that for a redesignation request to
be approved, the State must have met all
requirements that applied to the subject
area prior to or at the time of a complete
redesignation request.
1. Section 110 Requirements. Section
110(a)(2) contains general requirements
for nonattainment plans. For purposes
of redesignation, the Illinois SIP was
reviewed to ensure that all applicable
requirements under the amended Act
were satisfied. Title 40 CFR Part 52,
subpart O, further evidences that the
Illinois SIP was approved under section
110 of the Act and, we have found that
the SIP satisfies all Part D requirements.
2. Part D Requirements. Before a PM–
10 nonattainment area may be
redesignated to attainment, the State
must have fulfilled the applicable
requirements of Part D. Subpart 1 of Part
D establishes the general requirements
applicable to all nonattainment areas
and subpart 4 of Part D establishes
specific requirements applicable to PM–
10 nonattainment areas.
The requirements of sections 172(c)
and 189(a) regarding attainment of the
PM–10 NAAQS, and the requirements
of section 172(c) regarding reasonable
further progress, imposition of RACM,
the adoption of contingency measures,
and the submission of an emission
inventory have been satisfied through
the 1999 approval of the Lake Calumet
PM–10 SIP (64 FR 37847). The
requirements of the Part D—New Source
Review (NSR) permit program will be
replaced by the Part C—Prevention of
Significant Deterioration (PSD) program
for major new sources of PM–10 once
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the area has been redesignated. Because
the PSD program was delegated to the
State of Illinois on February 28, 1980,
and amended on November 17, 1981, it
will become fully effective immediately
upon redesignation. However, because
this area is included within the Chicago
PM2.5 nonattainment area, the
requirements of the Part D NSR permit
program will also continue to apply to
new or modified sources of particulate
matter, with the exception that PM2.5
will now be the indicator for particulate
matter rather than PM–10.
E. Fully Approved Maintenance Plan
Under Section 175A of the Act
Section 175A of the Act requires
states that submit a redesignation
request for a nonattainment area under
section 107(d) to include a maintenance
plan to ensure that the attainment of
NAAQS for any pollutant is maintained.
The plan must demonstrate continued
attainment of the applicable NAAQS for
at least ten years after the approval of a
redesignation to attainment. Eight years
after the redesignation, the State must
submit a revised maintenance plan
demonstrating attainment for the ten
years following the initial ten year
period. The basic components needed to
ensure proper maintenance of the
NAAQS are: Attainment inventory,
maintenance demonstration, verification
of continued attainment, commitment to
maintain the ambient air monitoring
network, and a contingency plan. EPA
is approving the Lake Calumet
maintenance plans as discussed below.
1. Attainment Inventory. Appendix B
of the state’s submittal contains an
inventory of the reported 2003 PM–10
emissions for industrial facilities
located in the Lake Calumet
nonattainment area.
2. Maintenance Demonstration and
Verification of Continued Attainment.
The State of Illinois has adequately
demonstrated attainment and
maintenance of the PM–10 NAAQS
through its commitment to maintain the
existing control requirements for point
sources and fugitive dust sources
contained in the PM–10 SIP for this
area. Illinois is required to submit to
EPA any changes to its rules or emission
limits applicable to PM–10 sources in
Lake Calumet for approval as a revision
to the SIP, and will include, where
appropriate, a demonstration that the
changes will not interfere with
maintenance of the PM–10 NAAQS.
Further, projected emission trends for
the years 2002–2014 from EPA’s
Nonroad emission model and EPA’s
Mobile 6.2 emission model both
indicate that projected PM–10 emissions
for both on-road and off-road mobile
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sources will decrease significantly over
the next ten year period. For off-road
sources in Cook County, the modeling
predicts a decrease of over 650 tons/year
of PM–10 in 2014 from 2002 levels. For
on-road sources in Cook County, the
modeling predicts a decrease of over 60
tons/year of PM–10 in 2014 from 2002
levels. The maintenance plan for this
area also contains a commitment from
the State to revise and submit a new
maintenance plan within eight years of
approval of this redesignation. In
addition, Illinois will be required to
develop and implement a plan to
address PM2.5 that will further improve
air quality for particulate matter in this
area. Future emission reductions needed
to attain the PM2.5 NAAQS will also
help to ensure continued attainment of
the PM–10 NAAQS in the Lake Calumet
area.
3. Monitoring Network. Once an area
has been redesignated, the State must
continue to operate an appropriate air
quality monitoring network, in
accordance with 40 CFR part 58, to
verify the attainment status of the area.
The maintenance plan should contain
provisions for continued operation of air
quality monitors that will provide such
verification. In its submittal, the State
commits to continue to operate and
maintain the network of PM–10
monitoring stations to demonstrate
ongoing compliance with the PM–10
NAAQS. IEPA will consult with EPA
Region 5 staff prior to making any
changes to the existing monitoring
network should changes be necessary in
the future.
4. Contingency Plan. Section 175A of
the Act also requires that a maintenance
plan include contingency measures, as
necessary, to promptly correct any
violation of the NAAQS that occurs after
redesignation of the area. These
contingency measures are distinguished
from those generally required for
nonattainment areas under section
172(c)(9). However, if an area has been
able to attain the NAAQS without
implementation of the Part D
nonattainment SIP contingency
measures, and the contingency plan
includes a requirement that the State
will implement all of the PM–10 control
measures which were contained in the
SIP before redesignation to attainment,
then the State can carry over into the
area’s maintenance plan the Part D SIP
measures not previously implemented.
IEPA will rely on ambient air
monitoring data in the Lake Calumet
area to track compliance with the PM–
10 NAAQS and to determine the need
to implement contingency measures. In
the event that an exceedance of the PM–
10 NAAQS occurs, the State will
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expeditiously investigate and determine
the source(s) that caused the exceedance
and/or violation, and enforce any SIP or
permit limit that is violated. If there is
a violation of the PM–10 NAAQS, and
it is not due to an exceptional event,
malfunction, or noncompliance with a
permit condition or rule requirement,
IEPA will determine additional control
measures needed to assure future
attainment of the PM–10 NAAQS.
Control measures that can be
implemented in a short time will be
selected in order to be in place within
eighteen (18) months from the time that
IEPA determined that a violation
occurred. Although the point sources
listed in the inventory will be the
primary focus, the possibility that the
problem is attributable to new or
previously unknown PM–10 sources
will be considered. Illinois will submit
to EPA an analysis to demonstrate that
the proposed measures are adequate to
return the area to attainment. Adoption
of any additional control measures is
subject to the necessary administrative
and legal process. This process will
include publication of notices, an
opportunity for public hearing, and
other measures required by Illinois law.
V. Rulemaking Action
EPA is approving the State of Illinois’
request to redesignate the Lake Calumet
(Southeast Chicago) PM–10
nonattainment area to attainment. EPA
is also approving Illinois’ maintenance
plan for the Lake Calumet
nonattainment area as a SIP revision
because it meets the requirements of
section 175A of the Act. We are
publishing this action without prior
proposal because we view this as a
noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective November 21, 2005 without
further notice unless we receive relevant
adverse written comments by October
24, 2005. If we receive such comments,
we will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. The EPA
will not institute a second comment
period. Any parties interested in
commenting on this action should do so
at this time. If we do not receive any
comments, this action will be effective
November 21, 2005.
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VI. Statutory and Executive Order
Reviews
Executive Order 12866; Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget.
Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 or a ‘‘significant energy
action,’’ this action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
Regulatory Flexibility Act
This action merely approves state law
as meeting Federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
Unfunded Mandates Reform Act
Because this rule approves preexisting requirements under state law
and does not impose any additional
enforceable duty beyond that required
by state law, it 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).
Executive Order 13175 Consultation
and Coordination With Indian Tribal
Governments
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(59 FR 22951, November 9, 2000).
Executive Order 13132 Federalism
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
states, on the relationship between the
national government and the states, or
on the distribution of power and
responsibilities among the various
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levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act.
Executive Order 13045 Protection of
Children From Environmental Health
and Safety Risks
This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
National Technology Transfer
Advancement Act
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the state to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Congressional Review Act
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 rule 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 November 21,
2005. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule 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, Intergovernmental
relations, Particulate matter, Reporting
and recordkeeping requirements.
40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
Dated: September 13, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Subpart O—Illinois
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.725 is amended by
adding a new paragraph (i) to read as
follows:
I
§ 52.725
*
*
*
*
*
(i) Approval—On August 2, 2005, and
as supplemented on September 8, 2005,
the State of Illinois submitted a request
to redesignate the Lake Calumet
(Southeast Chicago), Cook County
particulate matter nonattainment area to
attainment of the NAAQS for particulate
matter with an aerodynamic diameter
less than or equal to a nominal 10
micrometers (PM–10). In its submittal,
the State also requested that EPA
approve the maintenance plan for the
area into the Illinois PM SIP. The
redesignation request and maintenance
plan meet the redesignation
requirements of the Clean Air Act.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
2. In § 81.314, the table entitled
‘‘Illinois PM–10’’ is amended by
revising entry b. for Cook County to read
as follows:
I
§ 81.314
40 CFR parts 52 and 81 are amended
as follows:
I
Control Strategy: Particulates.
*
*
Illinois.
*
*
*
ILLINOIS—PM–10
Designation
Classification
Designated area
Date
Type
Date
Type
Cook County:
*
*
*
b. The area bounded on the north by 79th Street, on the
west by Interstate 57 between Sibley Boulevard and
Interstate 94 and by Interstate 94 between Interstate
57 and 79th Street, on the south by Sibley Boulevard,
and on the east by the Illinois/Indiana State line.
*
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*
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11/21/05
*
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Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations
[FR Doc. 05–18957 Filed 9–21–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[R04–OAR–2005–KY–0001–200521(a); FRL–
7972–9]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Kentucky; Redesignation of
the Christian County, Kentucky Portion
of the Clarksville-Hopkinsville 8-Hour
Ozone Nonattainment Area to
Attainment for Ozone
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: On March 21, 2005, the
Commonwealth of Kentucky, through
the Kentucky Division For Air Quality
(KDAQ), submitted a request for parallel
processing and on May 20, 2005,
submitted a final request: To redesignate
the Christian County, Kentucky portion
of the Clarksville-Hopkinsville 8-hour
ozone nonattainment area to attainment
for the 8-hour ozone National Ambient
Air Quality Standard (NAAQS); and for
EPA approval of a Kentucky State
Implementation Plan (SIP) revision
containing a 12-year maintenance plan
for Christian County, Kentucky. The
interstate Clarksville-Hopkinsville 8hour ozone nonattainment area is
comprised of two counties (i.e.,
Christian County, Kentucky and
Montgomery County, Tennessee). EPA
is approving the 8-hour ozone
redesignation request for the Christian
County, Kentucky portion of the
Clarksville-Hopkinsville 8-hour ozone
nonattainment area. Additionally, EPA
is approving the 8-hour ozone
maintenance plan for Christian County,
Kentucky. This approval is based on
EPA’s determination that the
Commonwealth of Kentucky has
demonstrated that Christian County,
Kentucky has met the criteria for
redesignation to attainment specified in
the Clean Air Act (CAA), including the
determination that the entire
Clarksville-Hopkinsville 8-hour ozone
nonattainment area has attained the 8hour ozone standard. On June 29, 2005,
the State of Tennessee submitted a
redesignation request and maintenance
plan for the Montgomery, Tennessee
portion of this area for EPA parallel
processing. In this action, EPA is also
providing information on the status of
its transportation conformity adequacy
VerDate Aug<31>2005
15:53 Sep 21, 2005
Jkt 205001
determination for the new motor vehicle
emissions budgets (MVEBs) for the years
2004 and 2016 that are contained in the
12-year 8-hour ozone maintenance plan
for Christian County, Kentucky. EPA is
approving such MVEBs.
DATES: This rule is effective on
November 21, 2005, without further
notice, unless EPA receives adverse
written comments by October 24, 2005.
If EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID No. R04–OAR–2005–
KY–0001, by one of the following
methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
2. Agency Web site: https://
docket.epa.gov/rmepub/ RME. EPA’s
electronic public docket and comment
system is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
3. E-mail: difrank.stacy@epa.gov.
4. Fax: 404.562.9019.
5. Mail: ‘‘R04–OAR–2005–KY–0001,’’
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
6. Hand Delivery or Courier. Deliver
your comments to: Stacy DiFrank,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
RME ID No. R04–OAR–2005–KY–0001.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
docket.epa.gov/rmepub/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
Do not submit information that you
consider to be CBI or otherwise
protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and
the federal regulations.gov Web site are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through RME or
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the RME
index at https://docket.epa.gov/rmepub/.
Although listed in the index, some
information is not publicly available,
i.e., 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 electronically in RME or
in hard copy at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection.
FOR FURTHER INFORMATION CONTACT:
Stacy DiFrank, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9042.
Ms. Stacy DiFrank can also be reached
via electronic mail at
difrank.stacy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What are the Actions is EPA Taking?
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[Federal Register Volume 70, Number 183 (Thursday, September 22, 2005)]
[Rules and Regulations]
[Pages 55545-55550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18957]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[R05-OAR-2005-IL-0003; FRL-7973-2]
Designation of Areas for Air Quality Planning Purposes; Illinois;
Lake Calumet PM-10 Redesignation and Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the State of Illinois' request to redesignate
to attainment the Lake Calumet (Southeast Chicago) area currently
designated as nonattainment of the National Ambient Air Quality
Standard (NAAQS) for particulate matter with an aerodynamic diameter
less than or equal to a nominal 10 micrometers (PM-10). We are also
approving the Lake Calumet maintenance plan, submitted by the Illinois
Environmental Protection Agency (IEPA) on August 2, 2005, and as
supplemented on September 8, 2005, as a revision to the PM-10 State
Implementation Plan (SIP) for this area.
DATES: This ``direct final'' rule is effective on November 21, 2005,
unless EPA receives adverse written comments by October 24, 2005. If
EPA receives adverse comment, it will publish a timely withdrawal of
the rule in the Federal Register and inform the public that the rule
will not take effect.
ADDRESSES: Submit comments, identified by Regional Material in EDocket
(RME) ID No. R05-OAR-2005-IL-0003, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Web site: https://docket.epa.gov/rmepub/. Regional RME, EPA's
electronic public docket and comments system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
E-mail: mooney.john@epa.gov.
Fax: (312)886-5824.
Mail: You may send written comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand delivery: Deliver your comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago,
Illinois 60604.
Such deliveries are only accepted during the Regional Office's
normal hours of operation. The Regional Office's official hours of
business are
[[Page 55546]]
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Instructions: Direct your comments to RME ID No. R05-OAR-2005-IL-
0003. EPA's policy is that all comments received will be included in
the public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and the Federal regulations.gov Web
site are ``anonymous access'' systems, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of
the related proposed rule which is published in the Proposed Rules
section of this Federal Register.
Docket: All documents in the electronic docket are listed in the
RME index at https://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Publicly
available docket materials are available either electronically in RME
or in hard copy at Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
We recommend that you telephone Christos Panos, Environmental Engineer,
at (312) 353-8328 before visiting the Region 5 office. This Facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays.
FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8328.
panos.christos@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplemental information
section is arranged as follows:
I. What Action Is EPA Taking?
II. What Is the Background for this Action?
III. Why Was this SIP Revision Submitted?
IV. What Requirements Must Be Met for Approval of a Redesignation,
and How Did the State Meet Them?
A. Attainment of the PM-10 NAAQS
B. State Implementation Plan Approval
C. Improvement in Air Quality Due to Permanent and Enforceable
Measures
D. Applicable Requirements of Section 110 and Part D of the Act
1. Section 110 Requirements.
2. Part D Requirements.
E. Fully Approved Maintenance Plan Under Section 175A of the Act
1. Attainment Inventory.
2. Maintenance Demonstration and Verification of Continued
Attainment.
3. Monitoring Network.
4. Contingency Plan.
V. Rulemaking Action.
VI. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
We are approving the State of Illinois' request to redesignate the
Lake Calumet PM-10 nonattainment area to attainment of the PM-10 NAAQS
that was submitted on August 2, 2005, and as supplemented on September
8, 2005. We are also approving the maintenance plan for this area into
the Illinois SIP.
II. What Is the Background for this Action?
On July 1, 1987 (52 FR 24634), EPA revised the NAAQS for
particulate matter with the PM-10 indicator. (See 40 CFR 50.6). The 24-
hour primary PM-10 standard is 150 micrograms per cubic meter ([mu]g/
m3), with no more than one expected exceedance per year. The annual
primary PM-10 standard is 50 [mu]g/m3, expected annual arithmetic mean
averaged over three years. The secondary PM-10 standards are identical
to the primary standards.
Under section 107(d)(4)(B) of the Clean Air Act (Act), as amended
on November 15, 1990, certain areas were designated nonattainment for
PM-10 and were classified as ``moderate''. These initial areas included
the Lake Calumet, Illinois, PM-10 nonattainment area.
On July 18, 1997 (62 FR 38652), EPA added a fine particle NAAQS,
for particulate matter less than 2.5 microns in aerodynamic diameter
(PM2.5). EPA classified the Chicago metropolitan area, which includes
the Lake Calumet area, as a PM2.5 nonattainment area on January 5,
2005.
III. Why Was This SIP Revision Submitted?
IEPA believes that the Lake Calumet PM-10 nonattainment area is
eligible for redesignation because we have approved the PM-10 SIP for
this area and monitoring data demonstrate that this area has been
attaining the PM-10 NAAQS since 1993. Under a cover letter dated August
2, 2005, and as supplemented on September 8, 2005, the State submitted
a redesignation request for the Lake Calumet PM-10 nonattainment area.
A public hearing was held on July 27, 2005. The State did not receive
any adverse comments during the public hearing or the 30-day comment
period. The redesignation request contains text describing how the
statutory requirements were met and consists primarily of a maintenance
plan and air quality monitoring data for the area.
IV. What Requirements Must Be Met for Approval of a Redesignation, and
How Did the State Meet Them?
Section 107(d)(3)(D) of the Act allows the Governor of a State to
request the redesignation of an area from nonattainment to attainment.
The criteria used to review redesignation requests are derived from the
Act, the general preamble to Title I of the Clean Air Act Amendments of
1990 (57 FR 13498), and a September 4, 1992 policy and guidance
memorandum entitled ``Procedures for Processing Requests to Redesignate
Areas to Attainment.'' An area can be redesignated to attainment if the
following conditions are met:
1. The area has attained the applicable NAAQS;
2. The area has a fully approved SIP under section 110(k) of the
Act;
3. The air quality improvement must be permanent and enforceable;
4. The area has met all relevant requirements under section 110 and
Part D of the Act;
5. The area must have a fully approved maintenance plan pursuant to
section 175A of the Act.
A. Attainment of the PM-10 NAAQS
A state must demonstrate that an area has attained the PM-10 NAAQS
through submittal of ambient air quality data from an ambient air
monitoring network representing peak PM-10 concentrations. The data,
which must be quality assured and recorded in the Aerometric
Information Retrieval System (AIRS), must show that the average annual
number of expected
[[Page 55547]]
exceedances for the area is less than or equal to 1.0, pursuant to 40
CFR section 50.6. The data must represent the most recent three
consecutive years of complete ambient air quality monitoring data
collected in accordance with EPA methodologies.
The Cook County Department of Environmental Control currently
operates two PM-10 monitoring sites in the Lake Calumet nonattainment
area under agreement with IEPA. The State submitted ambient air quality
data and supporting documentation from each monitoring site for the
2001-2003 period demonstrating that the area has attained the PM-10
NAAQS. This air quality data was quality assured and placed in AIRS.
There were no exceedances of the 24-hour or annual PM-10 NAAQS recorded
at these monitors during this time period. Therefore, the State has
adequately demonstrated, through ambient air quality data, that the PM-
10 NAAQS has been attained in Lake Calumet, with 2003 as the attainment
year.
B. State Implementation Plan Approval
Those States containing initial moderate PM-10 nonattainment areas
were required to submit by November 15, 1991 a SIP which implemented
reasonably available control measures (RACM) by December 10, 1993 and
demonstrated attainment of the PM-10 NAAQS by December 31, 1994. In
order to be redesignated, the SIP for the area must be fully approved
under section 110(k) of the Act, and must satisfy all requirements that
apply to the area. Illinois submitted the required SIP revisions for
the Lake Calumet PM-10 nonattainment area on May 15, 1992. Upon review
of Illinois' submittal, we identified several concerns. Illinois
submitted a letter on March 2, 1994, committing to satisfy all of these
concerns within one year of final conditional approval. On May 25,
1994, we proposed to conditionally approve the SIP (59 FR 26988). Final
conditional approval was published on November 18, 1994 (59 FR 59653).
Illinois made several submittals to correct the remaining deficiencies
and meet all of the commitments of the conditional approval. EPA fully
approved the Lake Calumet PM-10 nonattainment area SIP on July 14, 1999
(64 FR 37847). With this approval, Illinois had fulfilled all Clean Air
Act requirements for Part D plans for the Lake Calumet moderate PM-10
nonattainment area.
C. Improvement in Air Quality Due to Permanent and Enforceable Measures
The State must be able to reasonably attribute the improvement in
air quality to permanent and enforceable emission reductions. In making
this showing, the State must demonstrate that air quality improvements
are the result of actual, enforceable emission reductions.
The State provided a discussion of the PM-10 emission reductions in
Lake Calumet for the years 1993-2003. PM-10 emissions dropped
significantly in the area in 1994 as a result of the control measures
included in the PM-10 SIP approved by EPA in 1999. The State has
adequately demonstrated in its submittal that the improvement in air
quality is due to permanent and enforceable emission reductions of over
1500 tons per year of PM-10 in Lake Calumet as a result of implementing
the federally enforceable control measures in the SIP.
D. Applicable Requirements of Section 110 and Part D of the Act
To be redesignated to attainment, section 107(d)(3)(E) requires
that an area must have met all applicable requirements of section 110
and of part D of the Act. The EPA interprets this to mean that for a
redesignation request to be approved, the State must have met all
requirements that applied to the subject area prior to or at the time
of a complete redesignation request.
1. Section 110 Requirements. Section 110(a)(2) contains general
requirements for nonattainment plans. For purposes of redesignation,
the Illinois SIP was reviewed to ensure that all applicable
requirements under the amended Act were satisfied. Title 40 CFR Part
52, subpart O, further evidences that the Illinois SIP was approved
under section 110 of the Act and, we have found that the SIP satisfies
all Part D requirements.
2. Part D Requirements. Before a PM-10 nonattainment area may be
redesignated to attainment, the State must have fulfilled the
applicable requirements of Part D. Subpart 1 of Part D establishes the
general requirements applicable to all nonattainment areas and subpart
4 of Part D establishes specific requirements applicable to PM-10
nonattainment areas.
The requirements of sections 172(c) and 189(a) regarding attainment
of the PM-10 NAAQS, and the requirements of section 172(c) regarding
reasonable further progress, imposition of RACM, the adoption of
contingency measures, and the submission of an emission inventory have
been satisfied through the 1999 approval of the Lake Calumet PM-10 SIP
(64 FR 37847). The requirements of the Part D--New Source Review (NSR)
permit program will be replaced by the Part C--Prevention of
Significant Deterioration (PSD) program for major new sources of PM-10
once the area has been redesignated. Because the PSD program was
delegated to the State of Illinois on February 28, 1980, and amended on
November 17, 1981, it will become fully effective immediately upon
redesignation. However, because this area is included within the
Chicago PM2.5 nonattainment area, the requirements of the
Part D NSR permit program will also continue to apply to new or
modified sources of particulate matter, with the exception that
PM2.5 will now be the indicator for particulate matter
rather than PM-10.
E. Fully Approved Maintenance Plan Under Section 175A of the Act
Section 175A of the Act requires states that submit a redesignation
request for a nonattainment area under section 107(d) to include a
maintenance plan to ensure that the attainment of NAAQS for any
pollutant is maintained. The plan must demonstrate continued attainment
of the applicable NAAQS for at least ten years after the approval of a
redesignation to attainment. Eight years after the redesignation, the
State must submit a revised maintenance plan demonstrating attainment
for the ten years following the initial ten year period. The basic
components needed to ensure proper maintenance of the NAAQS are:
Attainment inventory, maintenance demonstration, verification of
continued attainment, commitment to maintain the ambient air monitoring
network, and a contingency plan. EPA is approving the Lake Calumet
maintenance plans as discussed below.
1. Attainment Inventory. Appendix B of the state's submittal
contains an inventory of the reported 2003 PM-10 emissions for
industrial facilities located in the Lake Calumet nonattainment area.
2. Maintenance Demonstration and Verification of Continued
Attainment. The State of Illinois has adequately demonstrated
attainment and maintenance of the PM-10 NAAQS through its commitment to
maintain the existing control requirements for point sources and
fugitive dust sources contained in the PM-10 SIP for this area.
Illinois is required to submit to EPA any changes to its rules or
emission limits applicable to PM-10 sources in Lake Calumet for
approval as a revision to the SIP, and will include, where appropriate,
a demonstration that the changes will not interfere with maintenance of
the PM-10 NAAQS. Further, projected emission trends for the years 2002-
2014 from EPA's Nonroad emission model and EPA's Mobile 6.2 emission
model both indicate that projected PM-10 emissions for both on-road and
off-road mobile
[[Page 55548]]
sources will decrease significantly over the next ten year period. For
off-road sources in Cook County, the modeling predicts a decrease of
over 650 tons/year of PM-10 in 2014 from 2002 levels. For on-road
sources in Cook County, the modeling predicts a decrease of over 60
tons/year of PM-10 in 2014 from 2002 levels. The maintenance plan for
this area also contains a commitment from the State to revise and
submit a new maintenance plan within eight years of approval of this
redesignation. In addition, Illinois will be required to develop and
implement a plan to address PM2.5 that will further improve
air quality for particulate matter in this area. Future emission
reductions needed to attain the PM2.5 NAAQS will also help
to ensure continued attainment of the PM-10 NAAQS in the Lake Calumet
area.
3. Monitoring Network. Once an area has been redesignated, the
State must continue to operate an appropriate air quality monitoring
network, in accordance with 40 CFR part 58, to verify the attainment
status of the area. The maintenance plan should contain provisions for
continued operation of air quality monitors that will provide such
verification. In its submittal, the State commits to continue to
operate and maintain the network of PM-10 monitoring stations to
demonstrate ongoing compliance with the PM-10 NAAQS. IEPA will consult
with EPA Region 5 staff prior to making any changes to the existing
monitoring network should changes be necessary in the future.
4. Contingency Plan. Section 175A of the Act also requires that a
maintenance plan include contingency measures, as necessary, to
promptly correct any violation of the NAAQS that occurs after
redesignation of the area. These contingency measures are distinguished
from those generally required for nonattainment areas under section
172(c)(9). However, if an area has been able to attain the NAAQS
without implementation of the Part D nonattainment SIP contingency
measures, and the contingency plan includes a requirement that the
State will implement all of the PM-10 control measures which were
contained in the SIP before redesignation to attainment, then the State
can carry over into the area's maintenance plan the Part D SIP measures
not previously implemented.
IEPA will rely on ambient air monitoring data in the Lake Calumet
area to track compliance with the PM-10 NAAQS and to determine the need
to implement contingency measures. In the event that an exceedance of
the PM-10 NAAQS occurs, the State will expeditiously investigate and
determine the source(s) that caused the exceedance and/or violation,
and enforce any SIP or permit limit that is violated. If there is a
violation of the PM-10 NAAQS, and it is not due to an exceptional
event, malfunction, or noncompliance with a permit condition or rule
requirement, IEPA will determine additional control measures needed to
assure future attainment of the PM-10 NAAQS. Control measures that can
be implemented in a short time will be selected in order to be in place
within eighteen (18) months from the time that IEPA determined that a
violation occurred. Although the point sources listed in the inventory
will be the primary focus, the possibility that the problem is
attributable to new or previously unknown PM-10 sources will be
considered. Illinois will submit to EPA an analysis to demonstrate that
the proposed measures are adequate to return the area to attainment.
Adoption of any additional control measures is subject to the necessary
administrative and legal process. This process will include publication
of notices, an opportunity for public hearing, and other measures
required by Illinois law.
V. Rulemaking Action
EPA is approving the State of Illinois' request to redesignate the
Lake Calumet (Southeast Chicago) PM-10 nonattainment area to
attainment. EPA is also approving Illinois' maintenance plan for the
Lake Calumet nonattainment area as a SIP revision because it meets the
requirements of section 175A of the Act. We are publishing this action
without prior proposal because we view this as a noncontroversial
amendment and anticipate no adverse comments. However, in the proposed
rules section of this Federal Register publication, we are publishing a
separate document that will serve as the proposal to approve the state
plan if relevant adverse written comments are filed. This rule will be
effective November 21, 2005 without further notice unless we receive
relevant adverse written comments by October 24, 2005. If we receive
such comments, we will withdraw this action before the effective date
by publishing a subsequent document that will withdraw the final
action. All public comments received will then be addressed in a
subsequent final rule based on the proposed action. The EPA will not
institute a second comment period. Any parties interested in commenting
on this action should do so at this time. If we do not receive any
comments, this action will be effective November 21, 2005.
VI. Statutory and Executive Order Reviews
Executive Order 12866; Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).
Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).
Executive Order 13132 Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various
[[Page 55549]]
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999). This action merely approves a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act.
Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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 rule 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 November 21, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: September 13, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
Subpart O--Illinois
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.725 is amended by adding a new paragraph (i) to read as
follows:
Sec. 52.725 Control Strategy: Particulates.
* * * * *
(i) Approval--On August 2, 2005, and as supplemented on September
8, 2005, the State of Illinois submitted a request to redesignate the
Lake Calumet (Southeast Chicago), Cook County particulate matter
nonattainment area to attainment of the NAAQS for particulate matter
with an aerodynamic diameter less than or equal to a nominal 10
micrometers (PM-10). In its submittal, the State also requested that
EPA approve the maintenance plan for the area into the Illinois PM SIP.
The redesignation request and maintenance plan meet the redesignation
requirements of the Clean Air Act.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.314, the table entitled ``Illinois PM-10'' is amended by
revising entry b. for Cook County to read as follows:
Sec. 81.314 Illinois.
* * * * *
Illinois--PM-10
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date Type Date Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cook County:
* * * * * * *
b. The area bounded on the north by 11/21/05 Attainment.
79th Street, on the west by
Interstate 57 between Sibley
Boulevard and Interstate 94 and by
Interstate 94 between Interstate 57
and 79th Street, on the south by
Sibley Boulevard, and on the east
by the Illinois/Indiana State line.
* * * * * * *
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[[Page 55550]]
[FR Doc. 05-18957 Filed 9-21-05; 8:45 am]
BILLING CODE 6560-50-P
