Approval and Promulgation of Air Quality Implementation Plan; Illinois; Redesignation of the Chicago Area to Attainment of the 1997 Annual Fine Particulate Matter Standard, 60704-60707 [2013-23952]
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60704
Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. This final rule does not
change any applicable emission limit for
FCPP nor does it extend the compliance
deadline under BART or the Alternative
to BART. This final rule merely extends
the date, by six months, by which the
operator of FCPP must notify EPA of its
elected compliance strategy.
K. 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. Section 804
exempts from section 801 the following
types of rules (1) rules of particular
applicability; (2) rules relating to agency
management or personnel; and (3) rules
of agency organization, procedure, or
practice that do not substantially affect
the rights or obligations of non-agency
parties. 5 U.S.C. 804(3). EPA is not
required to submit a rule report
regarding today’s final action under
section 801 because this is a rule of
particular applicability and only applies
to one facility, the Four Corner Power
Plant.
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L. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 2, 2013. 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 CAA
section 307(b)(2)).
List of Subjects in 40 CFR Part 49
Environmental protection, Air
pollution control, Indians,
Intergovernmental relations, Nitrogen
Dioxide.
Authority: 42 U.S.C. 7401 et seq.
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Dated: September 24, 2013.
Gina McCarthy,
Administrator.
For the reasons stated in the
preamble, Title 40, chapter I of the Code
of Federal Regulations is amended as
follows:
PART 49—[AMENDED]
1. The authority citation for part 49
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
2. Section 49.5512 is amended by
revising paragraph (i)(4) to read as
follows:
■
§ 49.5512 Federal Implementation Plan
Provisions for Four Corners Power Plant,
Navajo Nation.
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(i) * * *
(4) By January 1, 2013, the owner or
operator shall submit a letter to the
Regional Administrator updating EPA of
the status of lease negotiations and
regulatory approvals required to comply
with paragraph (i)(3) of this section. By
December 31, 2013, the owner or
operator shall notify the Regional
Administrator by letter whether it will
comply with paragraph (i)(2) of this
section or whether it will comply with
paragraph (i)(3) of this section and shall
submit a plan and time table for
compliance with either paragraph (i)(2)
or (3) of this section. The owner or
operator shall amend and submit this
amended plan to the Regional
Administrator as changes occur.
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[FR Doc. 2013–24112 Filed 10–1–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2010–0899; FRL–9901–44–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plan; Illinois;
Redesignation of the Chicago Area to
Attainment of the 1997 Annual Fine
Particulate Matter Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking several related
actions under the Clean Air Act (CAA)
affecting the Chicago area and the state
of Illinois for the 1997 annual fine
particulate matter (PM2.5) National
Ambient Air Quality Standard (NAAQS
or standard). EPA is determining that
SUMMARY:
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the Chicago-Gary-Lake County, IllinoisIndiana (IL-IN) area is attaining the 1997
annual PM2.5 standard based on quality
assured, state-certified monitoring data
for all PM2.5 monitoring sites in this area
from 2007–2012. EPA is granting a
request from the state of Illinois to
redesignate the Chicago area to
attainment of the 1997 annual PM2.5
standard. EPA is approving, as a
revision of the Illinois State
Implementation Plan (SIP), the state’s
plan for maintaining the 1997 annual
PM2.5 standard in the Chicago-GaryLake County, IL-IN area through 2025.
EPA is approving Illinois’
comprehensive 2002 Nitrogen Oxides
(NOX), Sulfur Dioxide (SO2), Volatile
Organic Compound (VOC), ammonia,
and primary PM2.5 emission inventories
for the Chicago area. Finally, EPA is
approving Illinois’ 2008 and 2025 NOX
and primary PM2.5 Motor Vehicle
Emission Budgets (MVEBs) for the
Chicago area and finding these MVEBs
as adequate for use in transportation
conformity determinations. The Chicago
area includes: Cook, DuPage, Kane,
Lake, McHenry, and Will Counties, Aux
Sable and Goose Lake Townships in
Grundy County, and Oswego Township
in Kendall County. The Chicago-GaryLake County, IL-IN area also includes
Lake and Porter Counties in Indiana,
which have been previously
redesignated to attainment of the 1997
annual PM2.5 standard.
DATES: This final rule is effective
October 2, 2013.
ADDRESSES: EPA has established a
docket for this action: Docket ID No.
EPA–R05–OAR–2010–0899. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hardcopy form.
Publicly available docket materials are
available either electronically in
www.regulations.gov or in hardcopy 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 Edward
Doty, Environmental Scientist, at (312)
886–6057, before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Edward Doty, Environmental Scientist,
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Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6057,
Doty.Edward@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:
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I. What is the background for the actions?
II. What is EPA’s response to comments on
EPA’s proposed actions?
III. Why is EPA taking these actions?
IV. What actions is EPA taking?
V. Statutory and Executive Order Reviews
I. What is the background for the
actions?
On November 27, 2009 (76 FR 62243),
EPA made a final determination that the
Chicago-Gary-Lake County, IL–IN area
had attained the 1997 annual PM2.5
standard based on PM2.5 monitoring
data for the period of 2006–2008.
On October 15, 2010, the Illinois
Environmental Protection Agency
(IEPA) submitted a request to EPA for
the redesignation of the Chicago area to
attainment of the 1997 annual PM2.5
standard and for EPA approval of a SIP
revision containing PM2.5-related
emission inventories and a PM2.5
maintenance plan for the Chicago area.
The maintenance plan includes 2008
and 2025 MVEBs for the Chicago area.
In a supplemental submission to the
EPA on September 16, 2011, the IEPA
revised the on-road mobile source
emissions and MVEBs for the Chicago
area to reflect the use of EPA’s MOVES
model to calculate mobile source
emissions. In a supplemental
submission to the EPA on May 6, 2013,
the IEPA submitted VOC and ammonia
emission inventories to supplement the
emission inventories that had
previously been submitted to support
the redesignation request for the 1997
annual PM2.5 standard in the ChicagoGary-Lake County, IL–IN area and to
demonstrate future maintenance of the
PM2.5 standard in this area.
On August 7, 2013 (78 FR 48103),
EPA issued a notice of rulemaking
proposing to grant Illinois’ request to
redesignate the Chicago area to
attainment of the 1997 annual PM2.5
standard. This notice of rulemaking also
proposed to: Determine that the
Chicago-Gary-Lake County, IL–IN area
has attainined the 1997 annual PM2.5
standard based on PM2.5 monitoring
data for the period of 2007 through
2012; approve Illinois’ PM2.5
maintenance plan for the Chicago area;
approve 2002 primary PM2.5, NOX, SO2,
VOC, and ammonia emission
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inventories for the Chicago area; and
approve 2008 and 2025 primary PM2.5
and NOX MVEBs for the Chicago area.
II. What is EPA’s response to comments
on EPA’s proposed acions?
EPA received three sets of comments
on the proposed rule, all of which
supported EPA’s proposed actions. One
of these commenters requested a
clarification of information provided in
the proposed rule at 78 FR 48115.
A commenter representing the
ExxonMobil Oil Corporation supports
EPA’s proposed actions, but notes that
at 78 FR 48115, EPA provides estimates
of the NOX and SO2 emission reductions
expected to result from the
implementation of a consent decree at
the ExxonMobil Joliet Refinery in units
of tons per year, whereas the consent
decree specifies emission limits for the
Joliet refinery as concentration-based
limits. The commenter summarizes the
NOX and SO2 emission limits in the
consent decree for this facility in units
of parts per million units volume of dry
air (ppmvd), and requests that EPA
clarify that the August 7, 2013,
proposed rule is not proposing new
emission limits for this facility. The
commenter does not refute EPA’s
estimates of the NOX and SO2 emission
reductions resulting from the consent
decree.
In response to the commenter from
ExxonMobil Oil Corporation, we want
to clarify that it was not the intent of the
proposed rule to specify existing
emission limits or to propose new
emission limits for this facility, and this
final rule does not set new emission
limits for this facility. The proposed
rule simply estimated initial and final
emission levels in tons per year for the
purposes of estimating the changes in
annual emissions that may be expected
to result for this facility through the
implementation of the consent decree. It
was EPA’s intent to document the
emission reductions in the Chicago area
that contributed to the attainment of the
1997 annual PM2.5 standard in the
Chicago-Gary-Lake County, IL–IN area.
EPA makes no findings in this
rulemaking regarding the applicable
emission limits for the ExxonMobile
Joliet Refineray.
None of the comments received with
regard to the August 7, 2013, proposed
rule object to any of the proposed
actions in that proposed rule. Therefore,
we conclude that there are no adverse
comments for this proposed rule.
III. Why is EPA taking these actions?
EPA has determined that the ChicagoGary-Lake County, IL–IN area continues
to attain the 1997 annual PM2.5
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60705
standard. EPA has also determined that
all other criteria have been met for the
redesignation of the Chicago area from
nonattainment to attainment of the 1997
annual PM2.5 standard and for approval
of Illinois’ maintenance plan for this
area. See CAA sections 107(d)(3)(E) and
175A. The detailed rationale for EPA’s
findings and actions is set forth in the
proposed rule of August 7, 2013 (78 FR
48103).
IV. What actions is EPA taking?
EPA is making a determination that
the Chicago-Gary-Lake County, IL–IN
area continues to attain the 1997 annual
PM2.5 standard based on 2007–2012
PM2.5 monitoring data. EPA is
determining that the Chicago area has
met the requirements for redesignation
to attainment for the 1997 annual PM2.5
standard under sections 107(d)(3)(E)
and 175A of the CAA. EPA is, thus,
granting the request from Illinois to
change the legal designation of the
Chicago area from nonattainment to
attainment for the 1997 annual PM2.5
NAAQS. EPA is also approving Illinois’
PM2.5 maintenance plan for the Chicago
area as a revision to the Illinois SIP
because the plan meets the requirements
of section 175A of the CAA. EPA is
approving 2002 emission inventories for
primary PM2.5, NOX, SO2, ammonia, and
VOC for the Chicago area as satisfying
the requirement in section 172(c)(3) of
the CAA for a comprehensive, current
emission inventory. Finally, EPA finds
adequate and is approving 2008 and
2025 primary PM2.5 and NOX MVEBs for
the Chicago area. These MVEBs will be
used in future transportation conformity
analyses for the Chicago.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for these
actions to become effective immediately
upon publication. This is because a
delayed effective date is unnecessary
due to the nature of a redesignation to
attainment, which relieves the area from
certain CAA requirements that would
otherwise apply to it. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the ‘‘grants or recognizes
an exemption or relieves a restriction,’’
and section 553(d)(3) which allows an
effective date less than 30 days after
publication ‘‘as otherwise provided by
the agency for good cause found and
published with the rule.’’ The purpose
of the 30-day waiting period prescribed
in section 553(d) is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
rule takes effect. Today’s rule, however,
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does not create any new regulatory
requirements such that affected parties
would need time to prepare before the
rule takes effect. Rather, today’s rule
relieves the state of planning
requirements for this PM2.5
nonattainment area. For these reasons,
EPA finds good cause under 5 U.S.C.
553(d)(3) for these actions to become
effective on the date of publication of
these actions.
V. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by State law. A redesignation
to attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve State choices,
provided that they meet the criteria of
the CAA. Accordingly, these actions
merely approve state law as meeting
Federal requirements and do not impose
additional requirements beyond those
imposed by State law and the CAA. For
that reason, these actions:
• Are not ‘‘significant regulatory
actions’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• are 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.);
• do 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);
• do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
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• are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
• are not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and,
• do 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
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 2, 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. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Particulate matter,
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Sulfur dioxide, Ammonia, Volatile
organic compounds.
40 CFR Part 81
Air pollution control, Environmental
protection, National parks, Wilderness
areas.
Dated: September 18, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR parts 52 and 81 are amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.725 is amended by
adding paragraphs (l) and (m) to read as
follows:
■
§ 52.725
Control strategy: Particulates.
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(l) Approval—The 1997 annual PM2.5
maintenance plan for the Illinois
portion of the Chicago-Gary-Lake
County, IL–IN nonattainment area
(including Cook, DuPage, Kane, Lake,
McHenry and Will Counties, Aux Sable
and Goose Lake Townships in Grundy
County, and Oswego Township in
Kendall County) has been approved as
submitted on October 15, 2010, and
supplemented on September 16, 2011,
and May 6, 2013. The maintenance plan
establishes 2008 and 2025 motor vehicle
emissions budgets for this area of
127,951 tons per year for NOX and 5,100
tons per year for primary PM2.5 in 2008
and 44,224 tons per year for NOX and
2,377 tons per year for primary PM2.5 in
2025.
(m) Illinois’ 2002 NOX, primary PM2.5,
SO2, ammonia, and VOC emission
inventories, as submitted on October 15,
2010, and supplemented on May 6,
2013, satisfy the emission inventory
requirements of section 172(c)(3) of the
Clean Air Act for the Chicago area.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
4. Section 81.314 is amended by
revising the entry for Chicago-Gary-Lake
County, IL–IN in the table entitled
‘‘Illinois-PM2.5 (Annual NAAQS)’’ to
read as follows:
■
§ 81.314
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Illinois.
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Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations
ILLINOIS—PM2.5
[Annual NAAQS]
Designation a
Designated area
Date 1
Chicago-Gary-Lake County, IL–IN .....................................................................................................................
Cook County
DuPage County
Grundy County (part)
Goose Lake and Aux Sable Townships
Kane County
Kendall County (part)
Oswego Township
Lake County
McHenry County
Will County
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10–2–13
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Type
Attainment.
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a Includes
Indian Country located in each county or area, except as otherwise specified.
1 This date is 90 days after January 5, 2005, unless otherwise noted.
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NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
*
[FR Doc. 2013–23952 Filed 10–1–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2011–0307; FRL–9396–6]
Glyphosate; Pesticide Tolerances
This regulation amends the
established tolerance for residues of the
herbicide glyphosate in or on canola,
seed at 20 parts per million (ppm) by
changing the tolerance expression from
the combined residues of glyphosate
only, to the combined residues of
glyphosate and N-acetyl-glyphosate
(expressed as glyphosate equivalents).
E.I. du Pont de Nemours and Company
requested this change under the Federal
Food, Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
October 2, 2013. Objections and
requests for hearings must be received
on or before December 2, 2013, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2011–0307, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
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SUMMARY:
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Lois
Rossi, Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
FOR FURTHER INFORMATION CONTACT:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
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B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl. To access the OCSPP test
guidelines referenced in this document
electronically, please go to https://
www.epa.gov/ocspp and select ‘‘Test
Methods and Guidelines.’’
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2011–0307 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before December 2, 2013. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
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Agencies
[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60704-60707]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23952]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2010-0899; FRL-9901-44-Region 5]
Approval and Promulgation of Air Quality Implementation Plan;
Illinois; Redesignation of the Chicago Area to Attainment of the 1997
Annual Fine Particulate Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking several related actions under the Clean Air Act
(CAA) affecting the Chicago area and the state of Illinois for the 1997
annual fine particulate matter (PM2.5) National Ambient Air
Quality Standard (NAAQS or standard). EPA is determining that the
Chicago-Gary-Lake County, Illinois-Indiana (IL-IN) area is attaining
the 1997 annual PM2.5 standard based on quality assured,
state-certified monitoring data for all PM2.5 monitoring
sites in this area from 2007-2012. EPA is granting a request from the
state of Illinois to redesignate the Chicago area to attainment of the
1997 annual PM2.5 standard. EPA is approving, as a revision
of the Illinois State Implementation Plan (SIP), the state's plan for
maintaining the 1997 annual PM2.5 standard in the Chicago-
Gary-Lake County, IL-IN area through 2025. EPA is approving Illinois'
comprehensive 2002 Nitrogen Oxides (NOX), Sulfur Dioxide
(SO2), Volatile Organic Compound (VOC), ammonia, and primary
PM2.5 emission inventories for the Chicago area. Finally,
EPA is approving Illinois' 2008 and 2025 NOX and primary
PM2.5 Motor Vehicle Emission Budgets (MVEBs) for the Chicago
area and finding these MVEBs as adequate for use in transportation
conformity determinations. The Chicago area includes: Cook, DuPage,
Kane, Lake, McHenry, and Will Counties, Aux Sable and Goose Lake
Townships in Grundy County, and Oswego Township in Kendall County. The
Chicago-Gary-Lake County, IL-IN area also includes Lake and Porter
Counties in Indiana, which have been previously redesignated to
attainment of the 1997 annual PM2.5 standard.
DATES: This final rule is effective October 2, 2013.
ADDRESSES: EPA has established a docket for this action: Docket ID No.
EPA-R05-OAR-2010-0899. All documents in the docket are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in
hardcopy form. Publicly available docket materials are available either
electronically in www.regulations.gov or in hardcopy 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 Edward Doty,
Environmental Scientist, at (312) 886-6057, before visiting the Region
5 office.
FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist,
[[Page 60705]]
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6057,
Doty.Edward@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. What is the background for the actions?
II. What is EPA's response to comments on EPA's proposed actions?
III. Why is EPA taking these actions?
IV. What actions is EPA taking?
V. Statutory and Executive Order Reviews
I. What is the background for the actions?
On November 27, 2009 (76 FR 62243), EPA made a final determination
that the Chicago-Gary-Lake County, IL-IN area had attained the 1997
annual PM2.5 standard based on PM2.5 monitoring data for the
period of 2006-2008.
On October 15, 2010, the Illinois Environmental Protection Agency
(IEPA) submitted a request to EPA for the redesignation of the Chicago
area to attainment of the 1997 annual PM2.5 standard and for
EPA approval of a SIP revision containing PM2.5-related
emission inventories and a PM2.5 maintenance plan for the
Chicago area. The maintenance plan includes 2008 and 2025 MVEBs for the
Chicago area. In a supplemental submission to the EPA on September 16,
2011, the IEPA revised the on-road mobile source emissions and MVEBs
for the Chicago area to reflect the use of EPA's MOVES model to
calculate mobile source emissions. In a supplemental submission to the
EPA on May 6, 2013, the IEPA submitted VOC and ammonia emission
inventories to supplement the emission inventories that had previously
been submitted to support the redesignation request for the 1997 annual
PM2.5 standard in the Chicago-Gary-Lake County, IL-IN area
and to demonstrate future maintenance of the PM2.5 standard
in this area.
On August 7, 2013 (78 FR 48103), EPA issued a notice of rulemaking
proposing to grant Illinois' request to redesignate the Chicago area to
attainment of the 1997 annual PM2.5 standard. This notice of
rulemaking also proposed to: Determine that the Chicago-Gary-Lake
County, IL-IN area has attainined the 1997 annual PM2.5
standard based on PM2.5 monitoring data for the period of
2007 through 2012; approve Illinois' PM2.5 maintenance plan
for the Chicago area; approve 2002 primary PM2.5,
NOX, SO2, VOC, and ammonia emission inventories
for the Chicago area; and approve 2008 and 2025 primary
PM2.5 and NOX MVEBs for the Chicago area.
II. What is EPA's response to comments on EPA's proposed acions?
EPA received three sets of comments on the proposed rule, all of
which supported EPA's proposed actions. One of these commenters
requested a clarification of information provided in the proposed rule
at 78 FR 48115.
A commenter representing the ExxonMobil Oil Corporation supports
EPA's proposed actions, but notes that at 78 FR 48115, EPA provides
estimates of the NOX and SO2 emission reductions
expected to result from the implementation of a consent decree at the
ExxonMobil Joliet Refinery in units of tons per year, whereas the
consent decree specifies emission limits for the Joliet refinery as
concentration-based limits. The commenter summarizes the NOX
and SO2 emission limits in the consent decree for this
facility in units of parts per million units volume of dry air (ppmvd),
and requests that EPA clarify that the August 7, 2013, proposed rule is
not proposing new emission limits for this facility. The commenter does
not refute EPA's estimates of the NOX and SO2
emission reductions resulting from the consent decree.
In response to the commenter from ExxonMobil Oil Corporation, we
want to clarify that it was not the intent of the proposed rule to
specify existing emission limits or to propose new emission limits for
this facility, and this final rule does not set new emission limits for
this facility. The proposed rule simply estimated initial and final
emission levels in tons per year for the purposes of estimating the
changes in annual emissions that may be expected to result for this
facility through the implementation of the consent decree. It was EPA's
intent to document the emission reductions in the Chicago area that
contributed to the attainment of the 1997 annual PM2.5
standard in the Chicago-Gary-Lake County, IL-IN area. EPA makes no
findings in this rulemaking regarding the applicable emission limits
for the ExxonMobile Joliet Refineray.
None of the comments received with regard to the August 7, 2013,
proposed rule object to any of the proposed actions in that proposed
rule. Therefore, we conclude that there are no adverse comments for
this proposed rule.
III. Why is EPA taking these actions?
EPA has determined that the Chicago-Gary-Lake County, IL-IN area
continues to attain the 1997 annual PM2.5 standard. EPA has
also determined that all other criteria have been met for the
redesignation of the Chicago area from nonattainment to attainment of
the 1997 annual PM2.5 standard and for approval of Illinois'
maintenance plan for this area. See CAA sections 107(d)(3)(E) and 175A.
The detailed rationale for EPA's findings and actions is set forth in
the proposed rule of August 7, 2013 (78 FR 48103).
IV. What actions is EPA taking?
EPA is making a determination that the Chicago-Gary-Lake County,
IL-IN area continues to attain the 1997 annual PM2.5
standard based on 2007-2012 PM2.5 monitoring data. EPA is
determining that the Chicago area has met the requirements for
redesignation to attainment for the 1997 annual PM2.5
standard under sections 107(d)(3)(E) and 175A of the CAA. EPA is, thus,
granting the request from Illinois to change the legal designation of
the Chicago area from nonattainment to attainment for the 1997 annual
PM2.5 NAAQS. EPA is also approving Illinois'
PM2.5 maintenance plan for the Chicago area as a revision to
the Illinois SIP because the plan meets the requirements of section
175A of the CAA. EPA is approving 2002 emission inventories for primary
PM2.5, NOX, SO2, ammonia, and VOC for
the Chicago area as satisfying the requirement in section 172(c)(3) of
the CAA for a comprehensive, current emission inventory. Finally, EPA
finds adequate and is approving 2008 and 2025 primary PM2.5
and NOX MVEBs for the Chicago area. These MVEBs will be used
in future transportation conformity analyses for the Chicago.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3) which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. Today's rule, however,
[[Page 60706]]
does not create any new regulatory requirements such that affected
parties would need time to prepare before the rule takes effect.
Rather, today's rule relieves the state of planning requirements for
this PM2.5 nonattainment area. For these reasons, EPA finds
good cause under 5 U.S.C. 553(d)(3) for these actions to become
effective on the date of publication of these actions.
V. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by State law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve State choices, provided that they meet the criteria of the CAA.
Accordingly, these actions merely approve state law as meeting Federal
requirements and do not impose additional requirements beyond those
imposed by State law and the CAA. For that reason, these actions:
Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
are 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.);
do 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);
do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
are not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and,
do 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 copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 2, 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. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Particulate
matter, Sulfur dioxide, Ammonia, Volatile organic compounds.
40 CFR Part 81
Air pollution control, Environmental protection, National parks,
Wilderness areas.
Dated: September 18, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.725 is amended by adding paragraphs (l) and (m) to read
as follows:
Sec. 52.725 Control strategy: Particulates.
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(l) Approval--The 1997 annual PM2.5 maintenance plan for
the Illinois portion of the Chicago-Gary-Lake County, IL-IN
nonattainment area (including Cook, DuPage, Kane, Lake, McHenry and
Will Counties, Aux Sable and Goose Lake Townships in Grundy County, and
Oswego Township in Kendall County) has been approved as submitted on
October 15, 2010, and supplemented on September 16, 2011, and May 6,
2013. The maintenance plan establishes 2008 and 2025 motor vehicle
emissions budgets for this area of 127,951 tons per year for
NOX and 5,100 tons per year for primary PM2.5 in
2008 and 44,224 tons per year for NOX and 2,377 tons per
year for primary PM2.5 in 2025.
(m) Illinois' 2002 NOX, primary PM2.5,
SO2, ammonia, and VOC emission inventories, as submitted on
October 15, 2010, and supplemented on May 6, 2013, satisfy the emission
inventory requirements of section 172(c)(3) of the Clean Air Act for
the Chicago area.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. Section 81.314 is amended by revising the entry for Chicago-Gary-
Lake County, IL-IN in the table entitled ``Illinois-PM2.5
(Annual NAAQS)'' to read as follows:
Sec. 81.314 Illinois.
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[[Page 60707]]
Illinois--PM2.5
[Annual NAAQS]
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Designation \a\
Designated area ----------------------------------------
Date \1\ Type
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Chicago-Gary-Lake County, IL-IN 10-2-13 Attainment.
Cook County
DuPage County
Grundy County (part)
Goose Lake and Aux
Sable Townships
Kane County
Kendall County (part)
Oswego Township
Lake County
McHenry County
Will County
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\a\ Includes Indian Country located in each county or area, except as
otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
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[FR Doc. 2013-23952 Filed 10-1-13; 8:45 am]
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