Approval and Promulgation of Air Quality Implementation Plans; Illinois; Air Quality Standards Revision, 30770-30772 [2013-12203]
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30770
Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Rules and Regulations
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(347)(i)(B)(2) and
(c)(404)(i)(A)(4)to read as follows:
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§ 52.220
Identification of plan.
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(c) * * *
(347) * * *
(i) * * *
(B) * * *
(2) Rule 1127, ‘‘Emissions Reductions
from Livestock Waste,’’ adopted on
August 6, 2004.
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(404) * * *
(i) * * *
(A) * * *
(4) Rule 1150.1, ‘‘Control of Gaseous
Emissions from Municipal Solid Waste
Landfills,’’ amended on April 1, 2011.
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[FR Doc. 2013–12208 Filed 5–22–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2012–0540; FRL–9805–5]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Air Quality Standards Revision
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is approving a revision to
the Illinois state implementation plan
(SIP) to reflect current National Ambient
Air Quality Standards (NAAQS) for
ozone and particulate matter (PM). EPA
is approving a revision to add new
incorporations by reference associated
with current ozone, lead, and
particulate matter NAAQS into the
Illinois SIP. EPA is also approving
revisions that amend typographical
errors in the Illinois SIP.
DATES: This direct final rule will be
effective July 22, 2013, unless EPA
receives adverse comments by June 24,
2013. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2012–0540, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
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2. E-Mail: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2012–
0540. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, 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 www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
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 email
comment directly to EPA without going
through www.regulations.gov your email
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 docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
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available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Anthony
Maietta, Environmental Protection
Specialist, at (312) 353–8777 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Background
II. Contents of Illinois’ Submittal
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
Today’s action updates the Illinois
SIP to reflect current ozone and PM
NAAQS promulgated by EPA. On July
18, 1997 (62 FR 38856), EPA published
a final rule that established NAAQS for
ozone measured as a daily maximum
eight hour concentration of 0.08 parts
per million (ppm), based on the three
year average of the fourth highest daily
eight hour value recorded during each
calendar year. The eight hour NAAQS
replaced the one hour ozone NAAQS,
however, the one hour ozone
designations and classifications were
retained to comply with antibacksliding obligations. On April 30,
2004 (69 FR 23951), EPA published the
first phase of its final rule to implement
the eight hour ozone NAAQS and
revoke the one hour ozone NAAQS. At
the same time, EPA also published eight
hour ozone designations for all areas of
the country (69 FR 23858, April 30,
2004). On August 3, 2005 (70 FR 44470),
EPA published a final rule that revoked
the one hour ozone NAAQS. On July 11,
2007 (72 FR 37818), EPA proposed to
strengthen the NAAQS for ozone by
revising the level of the eight hour
standard to a level within the range of
0.070 to 0.075 ppm daily maximum
eight hour concentration, based on the
three year average of fourth highest
daily eight hour value recorded during
each calendar year. On March 27, 2008,
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Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Rules and Regulations
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EPA published a final rule that revised
the NAAQS for ozone (73 FR 16436). In
that action, EPA established both the
primary and secondary eight hour ozone
NAAQS to be 0.075 ppm, expressed in
three decimal places.
On November 12, 2008, EPA
published a final rule (73 FR 66964) that
updated the primary and secondary
NAAQS for lead to be 0.15 micrograms
per cubic meter (mg/m3). The rule also
revised the averaging time for lead to be
a rolling three month period with a
maximum form that is evaluated over a
three year period. Finally, the rule
revised data handling procedures,
including ambient air monitoring and
reporting requirements.
On July 18, 1997 (62 FR 38652), EPA
published a final rule that added
NAAQS for particulate matter of 2.5
microns or less in diameter (PM2.5) by
revising the annual PM2.5 standard to 15
mg/m3, based on the 3-year average of
annual arithmetic mean PM2.5
concentrations at each monitor in an
area, and by revising the one hour PM2.5
standard to 65 mg/m3 based on the three
year average of the 98th percentile of 24
hour PM2.5 concentrations at each
monitor in an area. On October 17, 2006
(71 FR 61143), EPA revised the 24 hour
PM2.5 standard to 35 mg/m3, based on
the three year average of the 98th
percentile of 24 hour PM2.5
concentrations at each monitor in an
area. In the same notice, EPA revoked
the annual NAAQS for PM of 10
microns or less in diameter (PM10).
On June 20, 2012, the Illinois
Environmental Protection Agency
(IEPA) submitted a request for EPA to
approve revisions to its SIP that amend
part 243 of title 35 of the Illinois
Administrative Code (35 IAC part 243)
to reflect current ozone and PM
NAAQS, and to correct typographical
errors. The submittal also requests that
EPA approve corrections to 35 IAC part
217.388 and 35 IAC part 233.305, based
on comments received during public
hearings held by IEPA for the
amendments to 35 IAC part 243.
II. Contents of Illinois’ Submittal
The contents of Illinois’ submittal are
discussed in detail in our technical
support document (TSD) contained in
the docket for this rulemaking. To read
the TSD, follow the instructions for
viewing the docket at the beginning of
this notice.
In summary, Illinois’ submittal
requests that EPA approve amendments
to 35 IAC parts 217, 223, and 243 into
the Illinois SIP. Illinois revised 35 IAC
part 243 by updating the definitions of
ozone and particulate matter NAAQS to
match the current NAAQS for these
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pollutants. The revision to 35 IAC part
243 also updates incorporations by
reference to match current techniques,
methods, reference methods, and
interpretations of NAAQS for criteria
pollutants. The amendments to 35 IAC
part 243 are approvable.
The amendments to 35 IAC parts 217
and 223 contained in the June 20, 2012,
submittal have been amended further
and submitted to EPA in subsequent
submittals, which we have acted on. For
this reason EPA is taking no action on
these parts of 35 IAC parts 217 and 233
at this time.
III. What action is EPA taking?
EPA is approving into the Illinois SIP
amendments and additions to the
following sections of 35 IAC part 243
contained in the June 20, 2012,
submittal: sections 243.101, 243.104,
243.107, 243.108, 243.120, 243.122,
243.125, and 243.126. EPA is taking no
action on amendments to 35 IAC parts
217 and 223.
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 July 22, 2013 without further
notice unless we receive relevant
adverse written comments by June 24,
2013. 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. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
July 22, 2013.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
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in reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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
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Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Rules and Regulations
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 22, 2013.
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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: April 12, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
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Authority: 42 U.S.C. 7401 et seq.
2. Section 52.720 is amended by
adding paragraph (c)(195) to read as
follows:
■
§ 52.720
*
Identification of plan.
*
*
(c) * * *
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(195) On June 20, 2012, Illinois
submitted an amendment to its State
Implementation Plan at 35 Illinois
Administrative Code part 243, which
updates National Ambient Air Quality
Standards for ozone, lead, and
particulate matter while correcting
various errors in the plan.
(i) Incorporation by reference. Illinois
Administrative Code; Title 35:
Environmental Protection; Subtitle B:
Air Pollution; Chapter I: Pollution
Control Board; Subchapter l: Air Quality
Standards And Episodes; Part 243: Air
Quality Standards; Sections 243.101
Definitions, 243.104 Nondegradation,
243.107 Reference Conditions, 243.108
Incorporations by Reference, 243.120
PM10 and PM2.5, 243.122 Sulfur Oxides
(Sulfur Dioxide), 243.125 8-Hour Ozone,
and 243.126 Lead; effective October 25,
2011.
[FR Doc. 2013–12203 Filed 5–22–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket Nos. FWS–R1–ES–2012–0017;
FWS–R1–ES–2013–0012; 4500030113]
RIN 1018–AX72
RIN 1018–AZ54
Endangered and Threatened Wildlife
and Plants; Threatened Status and
Designation of Critical Habitat for
Eriogonum codium (Umtanum Desert
Buckwheat) and Physaria douglasii
subsp. tuplashensis (White Bluffs
Bladderpod)
Fish and Wildlife Service,
Interior.
ACTION: Final rules; delay of effective
dates.
AGENCY:
SUMMARY: This document temporarily
delays for 6 months the effective date of
two rules to conserve Eriogonum
codium (Umtanum desert buckwheat)
and Physaria douglasii subsp.
tuplashensis (White Bluffs bladderpod).
Both rules had an effective date of May
23, 2013. We are taking this action to
allow time for us to accept and consider
additional public comments on the
rules.
FWS–R1–ES–2012–0017 (for the listing
rule) and FWS–R1–ES–2013–0012 (for
the critical habitat rule).
Ken
Berg, Manager, U.S. Fish and Wildlife
Service, Washington Fish and Wildlife
Office, 510 Desmond Drive, Suite 102,
Lacey, Washington 98503–1263, by
telephone (360) 753–9440, or by
facsimile (360) 753–9405. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at
800–877–8339.
FOR FURTHER INFORMATION CONTACT:
Under the
authority of the Endangered Species Act
(Act) (16 U.S.C. 1531 et seq.), the U.S.
Fish and Wildlife Service issued the
following two rules on April 23, 2013:
‘‘Endangered and Threatened Wildlife
and Plants; Threatened Status for
Eriogonum codium (Umtanum Desert
Buckwheat) and Physaria douglasii
subsp. tuplashensis (White Bluffs
Bladderpod)’’ (78 FR 23983) and
‘‘Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for Eriogonum codium
(Umtanum Desert Buckwheat) and
Physaria douglasii subsp. tuplashensis
(White Bluffs Bladderpod)’’ (78 FR
24007). The listing final rule
implements the Federal protections
provided by the Act for these species.
The critical habitat final rule conserves
both species’ habitat under the Act.
Both rules had an effective date of May
23, 2013.
We now delay for 6 months the
effective date of the rules. The delay in
effective date is necessary to allow us
time to follow proper procedure in
accordance with 16 U.S.C. 1533(b)(5).
We are taking this action to allow time
for us to accept and consider additional
public comments on the rules. To the
extent that 5 U.S.C. 553 applies to this
action, this action is exempt from notice
and comment because it constitutes a
rule of procedure under 5 U.S.C.
553(b)(A).
SUPPLEMENTARY INFORMATION:
Dated: May 20, 2013.
Rachel Jacobsen,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2013–12380 Filed 5–22–13; 8:45 am]
BILLING CODE 4310–55–P
The effective dates for the final
rules published April 23, 2013, at 78 FR
23983 and 78 FR 24007, are delayed
until November 22, 2013.
ADDRESSES: You may obtain copies of
these rules and related materials at
https://www.regulations.gov in Dockets
DATES:
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]]>Agencies
[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Rules and Regulations]
[Pages 30770-30772]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12203]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0540; FRL-9805-5]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Air Quality Standards Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a revision to the Illinois state
implementation plan (SIP) to reflect current National Ambient Air
Quality Standards (NAAQS) for ozone and particulate matter (PM). EPA is
approving a revision to add new incorporations by reference associated
with current ozone, lead, and particulate matter NAAQS into the
Illinois SIP. EPA is also approving revisions that amend typographical
errors in the Illinois SIP.
DATES: This direct final rule will be effective July 22, 2013, unless
EPA receives adverse comments by June 24, 2013. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0540, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-Mail: blakley.pamela@epa.gov.
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0540. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, 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 www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, 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 email comment
directly to EPA without going through www.regulations.gov your email
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 docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Anthony Maietta, Environmental
Protection Specialist, at (312) 353-8777 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
II. Contents of Illinois' Submittal
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
Today's action updates the Illinois SIP to reflect current ozone
and PM NAAQS promulgated by EPA. On July 18, 1997 (62 FR 38856), EPA
published a final rule that established NAAQS for ozone measured as a
daily maximum eight hour concentration of 0.08 parts per million (ppm),
based on the three year average of the fourth highest daily eight hour
value recorded during each calendar year. The eight hour NAAQS replaced
the one hour ozone NAAQS, however, the one hour ozone designations and
classifications were retained to comply with anti-backsliding
obligations. On April 30, 2004 (69 FR 23951), EPA published the first
phase of its final rule to implement the eight hour ozone NAAQS and
revoke the one hour ozone NAAQS. At the same time, EPA also published
eight hour ozone designations for all areas of the country (69 FR
23858, April 30, 2004). On August 3, 2005 (70 FR 44470), EPA published
a final rule that revoked the one hour ozone NAAQS. On July 11, 2007
(72 FR 37818), EPA proposed to strengthen the NAAQS for ozone by
revising the level of the eight hour standard to a level within the
range of 0.070 to 0.075 ppm daily maximum eight hour concentration,
based on the three year average of fourth highest daily eight hour
value recorded during each calendar year. On March 27, 2008,
[[Page 30771]]
EPA published a final rule that revised the NAAQS for ozone (73 FR
16436). In that action, EPA established both the primary and secondary
eight hour ozone NAAQS to be 0.075 ppm, expressed in three decimal
places.
On November 12, 2008, EPA published a final rule (73 FR 66964) that
updated the primary and secondary NAAQS for lead to be 0.15 micrograms
per cubic meter ([mu]g/m\3\). The rule also revised the averaging time
for lead to be a rolling three month period with a maximum form that is
evaluated over a three year period. Finally, the rule revised data
handling procedures, including ambient air monitoring and reporting
requirements.
On July 18, 1997 (62 FR 38652), EPA published a final rule that
added NAAQS for particulate matter of 2.5 microns or less in diameter
(PM2.5) by revising the annual PM2.5 standard to
15 [mu]g/m\3\, based on the 3-year average of annual arithmetic mean
PM2.5 concentrations at each monitor in an area, and by
revising the one hour PM2.5 standard to 65 [mu]g/m\3\ based
on the three year average of the 98th percentile of 24 hour
PM2.5 concentrations at each monitor in an area. On October
17, 2006 (71 FR 61143), EPA revised the 24 hour PM2.5
standard to 35 [mu]g/m\3\, based on the three year average of the 98th
percentile of 24 hour PM2.5 concentrations at each monitor
in an area. In the same notice, EPA revoked the annual NAAQS for PM of
10 microns or less in diameter (PM10).
On June 20, 2012, the Illinois Environmental Protection Agency
(IEPA) submitted a request for EPA to approve revisions to its SIP that
amend part 243 of title 35 of the Illinois Administrative Code (35 IAC
part 243) to reflect current ozone and PM NAAQS, and to correct
typographical errors. The submittal also requests that EPA approve
corrections to 35 IAC part 217.388 and 35 IAC part 233.305, based on
comments received during public hearings held by IEPA for the
amendments to 35 IAC part 243.
II. Contents of Illinois' Submittal
The contents of Illinois' submittal are discussed in detail in our
technical support document (TSD) contained in the docket for this
rulemaking. To read the TSD, follow the instructions for viewing the
docket at the beginning of this notice.
In summary, Illinois' submittal requests that EPA approve
amendments to 35 IAC parts 217, 223, and 243 into the Illinois SIP.
Illinois revised 35 IAC part 243 by updating the definitions of ozone
and particulate matter NAAQS to match the current NAAQS for these
pollutants. The revision to 35 IAC part 243 also updates incorporations
by reference to match current techniques, methods, reference methods,
and interpretations of NAAQS for criteria pollutants. The amendments to
35 IAC part 243 are approvable.
The amendments to 35 IAC parts 217 and 223 contained in the June
20, 2012, submittal have been amended further and submitted to EPA in
subsequent submittals, which we have acted on. For this reason EPA is
taking no action on these parts of 35 IAC parts 217 and 233 at this
time.
III. What action is EPA taking?
EPA is approving into the Illinois SIP amendments and additions to
the following sections of 35 IAC part 243 contained in the June 20,
2012, submittal: sections 243.101, 243.104, 243.107, 243.108, 243.120,
243.122, 243.125, and 243.126. EPA is taking no action on amendments to
35 IAC parts 217 and 223.
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 July 22, 2013
without further notice unless we receive relevant adverse written
comments by June 24, 2013. 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. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective July
22, 2013.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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
[[Page 30772]]
copy of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 22, 2013. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: April 12, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.720 is amended by adding paragraph (c)(195) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(195) On June 20, 2012, Illinois submitted an amendment to its
State Implementation Plan at 35 Illinois Administrative Code part 243,
which updates National Ambient Air Quality Standards for ozone, lead,
and particulate matter while correcting various errors in the plan.
(i) Incorporation by reference. Illinois Administrative Code; Title
35: Environmental Protection; Subtitle B: Air Pollution; Chapter I:
Pollution Control Board; Subchapter l: Air Quality Standards And
Episodes; Part 243: Air Quality Standards; Sections 243.101
Definitions, 243.104 Nondegradation, 243.107 Reference Conditions,
243.108 Incorporations by Reference, 243.120 PM10 and
PM2.5, 243.122 Sulfur Oxides (Sulfur Dioxide), 243.125 8-
Hour Ozone, and 243.126 Lead; effective October 25, 2011.
[FR Doc. 2013-12203 Filed 5-22-13; 8:45 am]
BILLING CODE 6560-50-P
