Approval and Promulgation of Air Quality Implementation Plans; Illinois; Revision to the Chicago 8-Hour Ozone Maintenance Plan, 29324-29327 [2014-11487]

Download as PDF 29324 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes controlled airspace at Bois Blanc Island Airport, Bois Blanc Island, MI. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9X, Airspace Designations and Reporting Points, dated August 7, 2013, and effective September 15, 2013, is amended as follows: mstockstill on DSK4VPTVN1PROD with RULES ■ Paragraph 6005: Class E airspace areas extending upward from 700 feet or more above the surface. * * * * * AGL MI E5 Bois Blanc Island, MI [New] Bois Blanc Island Airport, MO VerDate Mar<15>2010 20:11 May 21, 2014 Jkt 232001 (Lat. 38°20′52″ N., long. 93°20′43″ W.) That airspace extending upward from 700 feet above the surface within a 6.3-mile radius of Bois Blanc Island Airport. Issued in Fort Worth, Texas, on May 7, 2014. Walter Tweedy, Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2014–11382 Filed 5–21–14; 8:45 am] BILLING CODE 4910–13–P published in the Federal Register of April 2, 2014, (79 FR 18442), FR Doc. 2014–07292, is corrected as follows: ■ On page 18442, column 2, line 44, remove, ‘‘May 27’’, and add in its place ‘‘May 29.’’ Issued in College Park, Georgia, on May 15, 2015. Myron A. Jenkins, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. 2014–11860 Filed 5–21–14; 8:45 am] DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–13–P Federal Aviation Administration ENVIRONMENTAL PROTECTION AGENCY 14 CFR Part 71 [Docket No. FAA–2013–0731; Airspace Docket No. 13–ASO–18] Establishment of Class E Airspace; Blairsville, GA. Federal Aviation Administration (FAA), DOT. ACTION: Final rule: correction AGENCY: This action corrects the effective date of a final rule, published in the Federal Register on April 2, 2014, establishing controlled airspace at Blairsville Airport, Blairsville, GA. DATES: Effective 0901 UTC, The effective date of the final rule published on April 2, 2014 is corrected from May 27, 2014, to May 29, 2014. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305–6364. SUPPLEMENTARY INFORMATION: SUMMARY: History On April 2, 2014, the FAA published a final rule in the Federal Register establishing Class E airspace at Blairsville Airport, Blairsville, GA (79 FR 18442). After publication, the FAA found that the effective date was incorrectly typed as May 27, 2014, instead of May 29, 2014. This action makes the correction. Correction to Final Rule Accordingly, pursuant to the authority delegated to me, the effective date listed under DATES heading on Docket No. FAA–2013–0731, establishing Class E airspace at Blairsville Airport, Blairsville, GA, as PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 40 CFR Part 52 [EPA–R05–OAR–2014–0274; FRL–9910–92– Region 5] Approval and Promulgation of Air Quality Implementation Plans; Illinois; Revision to the Chicago 8-Hour Ozone Maintenance Plan Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is approving Illinois’ March 28, 2014, state implementation plan (SIP) revision to the 1997 8-hour ozone maintenance plan for the Illinois portion of the Chicago-Gary-Lake County, Illinois-Indiana area (the Greater Chicago Area). This SIP revision establishes new Motor Vehicle Emissions Budgets (MVEB) for volatile organic compounds (VOC) and oxides of nitrogen (NOX) for the year 2025. EPA is approving the allocation of a portion of the safety margin for VOC and NOX in the ozone maintenance plan to the 2025 MVEBs. Total year 2025 emissions of VOC and NOX for the area will remain below the attainment level required by the transportation conformity regulations. DATES: This direct final rule is effective July 21, 2014, unless EPA receives adverse comments by June 23, 2014. 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–2014–0274, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: blakley.pamela@epa.gov. 3. Fax: (312) 692–2450. SUMMARY: E:\FR\FM\22MYR1.SGM 22MYR1 29325 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations 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–2014– 0274. 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 Michael Leslie, Environmental Engineer, at (312) 353–6680 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–6680, leslie.michael@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 this action? II. What is a safety margin? III. How does this action change the Chicago area’s ozone maintenance plan? IV. What action is EPA taking? V. Statutory and Executive Order Reviews I. What is the background for this action? On August 13, 2012 (77 FR 48062), EPA approved a request from the State of Illinois to redesignate the Illinois portion of the Greater Chicago Area to attainment of the 1997 8-hour ozone national ambient air quality standard (NAAQS). In addition to approving the ozone redesignation request, EPA approved the State’s plan for maintaining the 1997 8-hour ozone standard in the Illinois portion of the Greater Chicago Area through 2025. The ozone maintenance plan established MVEBs for VOC and NOX for the year 2025 to account for new transportation planning assumptions. MVEBs are the projected levels of controlled emissions from the transportation sector (mobile sources) that are estimated in the SIP to provide for maintenance of the ozone standard. The transportation conformity rule allows the MVEB to be changed as long as the total level of emissions from all sources remains below the attainment levels. II. What is a safety margin? A ‘‘safety margin’’, as defined in the transportation conformity rule (40 CFR part 93 subpart A), is the amount by which the total projected emissions from all sources of a given pollutant are less than the total emissions that would satisfy the applicable requirement for reasonable further progress, attainment, or maintenance. The attainment level of emissions is the level of emissions during one of the years in which the area met the NAAQS. Table 1 gives detailed information on the safety margin for the Illinois portion of the Greater Chicago Area. Table 1 includes a comparison of the VOC and NOX emissions in the year 2008 (Illinois’ attainment year), to the projected emissions of VOC and NOX in the year 2025. The difference between the projected emissions in the year 2025 and the actual emissions in the year 2008 is referred to as the safety margin or the amount of excess emission reductions. TABLE 1—SAFETY MARGIN FOR CHICAGO’S 1997 8-HOUR OZONE MAINTENANCE PLAN 2008 Attainment year emissions (tons/day) mstockstill on DSK4VPTVN1PROD with RULES Pollutant VOC ........................................................................................................................... NOX ............................................................................................................................ Illinois has requested the allocation of 12 tons/day of the VOC and 25 tons/day of NOX from the safety margins to the MVEBs. The revised maintenance plan VerDate Mar<15>2010 20:11 May 21, 2014 Jkt 232001 787.45 896.76 will have a safety margin of 163.6 tons/ day of VOC and 444.65 tons/day of NOX. The 2025 projected emissions, even with this allocation, will be below PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 2025 Projected year maintenance emissions (tons/day) 611.95 427.11 Safety margin (tons/day) 175.60 469.65 the 2008 attainment year emissions for both VOC and NOX. For this reason, EPA finds that the allocation of the safety margin to the 2025 MVEBs for the E:\FR\FM\22MYR1.SGM 22MYR1 29326 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations Illinois portion of the Greater Chicago Area meets the requirements of the transportation conformity regulations at 40 CFR part 93, and is approvable. III. How does this action change the Chicago area’s ozone maintenance plan? This action changes the MVEBs for mobile sources. The maintenance plan is designed to provide for future growth while still maintaining the ozone NAAQS. Growth in industries, population, and traffic is offset by reductions from cleaner cars and other emission reduction programs. Through the maintenance plan, the State and local agencies can manage and maintain clean air quality while providing for growth. In the submittal, Illinois requested to allocate a portion of the safely margins for VOC and NOX to the 2025 MVEBs. Table 2 details the updated MVEBs for the 1997 8-hour ozone maintenance plan for the Illinois portion of the Greater Chicago Area. Table 2 shows the 2025 MVEBs for VOC and NOX (approved by EPA on August 13, 2012), the amount of excess emission reductions or safety margin to be allocated into the new MVEBs, and the new 2025 MVEBs for VOC and NOX. TABLE 2—CHICAGO 1997 8-HOUR OZONE MAINTENANCE PLAN MVEBS Approved 2025 MVEB (tons/day) Pollutant VOC ............................................................................................................................................. NOX .............................................................................................................................................. mstockstill on DSK4VPTVN1PROD with RULES IV. What action is EPA taking? EPA is approving a revision to the 1997 8-hour ozone maintenance plan for the Illinois portion of the Greater Chicago Area. The revision will change the MVEBs for VOC and NOX that are used for transportation conformity purposes. The revision will keep the total emissions for the area at or below the attainment level required by law. This action will allow State or local agencies to continue to maintain air quality while providing for transportation growth. 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 21, 2014 without further notice unless we receive relevant adverse written comments by June 23, 2014. 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 VerDate Mar<15>2010 16:57 May 21, 2014 Jkt 232001 comments, this action will be effective July 21, 2014. V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Clean Air Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive 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); PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 48.13 125.27 Safety margin allocation (tons/day) 12.00 25.00 New 2025 MVEB (tons/day) 60.13 150.27 • 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 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). E:\FR\FM\22MYR1.SGM 22MYR1 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations 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 21, 2014. 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, Oxides of Nitrogen, Ozone, Volatile organic compounds, Incorporation by reference. Dated: May 2, 2014. 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: ■ Authority: 42 U.S.C. 7401 et seq. 2. Section 52.726 is amended by adding paragraph (oo) to read as follows: ■ § 52.726 Control strategy; Ozone. mstockstill on DSK4VPTVN1PROD with RULES * * * * * (oo) Approval—On March 28, 2014, the State of Illinois submitted a revision to its State Implementation Plan for the Illinois portion of the Chicago-GaryLake County, Illinois-Indiana area (the Greater Chicago Area). The submittal established new Motor Vehicle Emissions Budgets (MVEB) for Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX) for the year 2025. The MVEBs for the Illinois portion of the Greater Chicago Area are now: 60.13 tons per day of VOC emissions and VerDate Mar<15>2010 16:57 May 21, 2014 Jkt 232001 150.27 tons per day of NOX emissions for the year 2025. [FR Doc. 2014–11487 Filed 5–21–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2013–0534; FRL–9911–07– Region 9] Approval and Promulgation of Implementation Plans; California; San Joaquin Valley; Contingency Measures for the 1997 PM2.5 Standards Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a State implementation plan (SIP) revision submitted by California that corrects deficiencies in the Clean Air Act (CAA) contingency measures for the 1997 annual and 24-hour national ambient air quality standards (NAAQS) for fine particulate matter (PM2.5) in the San Joaquin Valley (SJV). Approval of this SIP revision lifts the CAA section 179(b)(2) offset sanctions and terminates the CAA section 179(b)(1) highway funding sanction clock triggered by the EPA’s partial disapproval of the SJV SIP for attainment of the 1997 PM2.5 NAAQS on November 9, 2011. DATES: This rule is effective on June 23, 2014. ADDRESSES: You may inspect the supporting information for this action, identified by docket number EPA–R09– OAR–2013–0534, by one of the following methods: Federal eRulemaking portal, https:// www.regulations.gov, please follow the online instructions; or, Visit our regional office at, U.S. Environmental Protection Agency Region 9, 75 Hawthorne Street, San Francisco, CA 94105–3901. Docket: The index to the docket (docket number EPA–R09–OAR–2013– 0534) for this action is available electronically at https:// www.regulations.gov and in hard copy at EPA Region 9, 75 Hawthorne Street, San Francisco, California. While documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., voluminous records, large maps, copyrighted material), and some may not be publicly available in either location (e.g., Confidential Business Information). To inspect the hard copy materials, please schedule an SUMMARY: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 29327 appointment during normal business hours with the contact listed directly below. FOR FURTHER INFORMATION CONTACT: Frances Wicher, EPA Region 9, (415) 972–3957, wicher.frances@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Background Information II. Public Comments and the EPA’s Responses A. Comments Regarding Necessary Types and Quantities of Contingency Measure Emission Reductions B. Comments Regarding Emission Reductions From Waiver Measures and Incentive Grant Programs C. General Comments III. Final Actions IV. Statutory and Executive Order Reviews I. Background Information On November 9, 2011, the EPA partially approved and partially disapproved the San Joaquin Valley PM2.5 State Implementation Plan (‘‘SJV PM2.5 SIP’’) (76 FR 69896). The SJV PM2.5 SIP is California’s plan for attaining the 1997 PM2.5 NAAQS in the San Joaquin Valley.1 Our partial disapproval of the SJV PM2.5 SIP was based on our determination that its contingency measure provisions failed to meet the requirements of Clean Air Act (‘‘CAA’’ or ‘‘the Act’’) section 172(c)(9), which require that the SIP for each PM2.5 nonattainment area contain contingency measures to be implemented if the area fails to make reasonable further progress (RFP) or to attain the NAAQS by the applicable attainment date. See 76 FR 41338, 41357 to 41359 (July 13, 2011) (proposed partial approval and partial disapproval of SJV PM2.5 SIP) and 76 FR 69896, 69918 to 69919 and 69924 (final partial approval and partial disapproval of SJV PM2.5 SIP). The disapproval became effective on January 9, 2012, starting a sanctions clock for imposition of new source review offset sanctions 18 months after January 9, 2012, and highway sanctions 6 months after the imposition of offset sanctions, pursuant to CAA section 179 and our regulations at 40 CFR 52.31. On July 3, 2013, CARB submitted the Contingency Measure SIP as a revision to the California State Implementation Plan. The Contingency Measure SIP addresses the SIP deficiencies identified in the EPA’s 2011 partial disapproval of the SJV PM2.5 SIP by (1) confirming that 1 For a more detailed description of the SJV PM 2.5 SIP, see 76 FR 41338, 41339 to 41359 (July 13, 2011). E:\FR\FM\22MYR1.SGM 22MYR1

Agencies

[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Rules and Regulations]
[Pages 29324-29327]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11487]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0274; FRL-9910-92-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Revision to the Chicago 8-Hour Ozone Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
Illinois' March 28, 2014, state implementation plan (SIP) revision to 
the 1997 8-hour ozone maintenance plan for the Illinois portion of the 
Chicago-Gary-Lake County, Illinois-Indiana area (the Greater Chicago 
Area). This SIP revision establishes new Motor Vehicle Emissions 
Budgets (MVEB) for volatile organic compounds (VOC) and oxides of 
nitrogen (NOX) for the year 2025. EPA is approving the 
allocation of a portion of the safety margin for VOC and NOX 
in the ozone maintenance plan to the 2025 MVEBs. Total year 2025 
emissions of VOC and NOX for the area will remain below the 
attainment level required by the transportation conformity regulations.

DATES: This direct final rule is effective July 21, 2014, unless EPA 
receives adverse comments by June 23, 2014. 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-2014-0274, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: blakley.pamela@epa.gov.
    3. Fax: (312) 692-2450.

[[Page 29325]]

    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-
2014-0274. 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 Michael Leslie, Environmental Engineer, 
at (312) 353-6680 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-6680, leslie.michael@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 this action?
II. What is a safety margin?
III. How does this action change the Chicago area's ozone 
maintenance plan?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What is the background for this action?

    On August 13, 2012 (77 FR 48062), EPA approved a request from the 
State of Illinois to redesignate the Illinois portion of the Greater 
Chicago Area to attainment of the 1997 8-hour ozone national ambient 
air quality standard (NAAQS). In addition to approving the ozone 
redesignation request, EPA approved the State's plan for maintaining 
the 1997 8-hour ozone standard in the Illinois portion of the Greater 
Chicago Area through 2025. The ozone maintenance plan established MVEBs 
for VOC and NOX for the year 2025 to account for new 
transportation planning assumptions.
    MVEBs are the projected levels of controlled emissions from the 
transportation sector (mobile sources) that are estimated in the SIP to 
provide for maintenance of the ozone standard. The transportation 
conformity rule allows the MVEB to be changed as long as the total 
level of emissions from all sources remains below the attainment 
levels.

II. What is a safety margin?

    A ``safety margin'', as defined in the transportation conformity 
rule (40 CFR part 93 subpart A), is the amount by which the total 
projected emissions from all sources of a given pollutant are less than 
the total emissions that would satisfy the applicable requirement for 
reasonable further progress, attainment, or maintenance. The attainment 
level of emissions is the level of emissions during one of the years in 
which the area met the NAAQS. Table 1 gives detailed information on the 
safety margin for the Illinois portion of the Greater Chicago Area. 
Table 1 includes a comparison of the VOC and NOX emissions 
in the year 2008 (Illinois' attainment year), to the projected 
emissions of VOC and NOX in the year 2025. The difference 
between the projected emissions in the year 2025 and the actual 
emissions in the year 2008 is referred to as the safety margin or the 
amount of excess emission reductions.

                     Table 1--Safety Margin for Chicago's 1997 8-Hour Ozone Maintenance Plan
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                                                                              2025 Projected
                                                          2008 Attainment    year maintenance    Safety margin
                       Pollutant                           year emissions    emissions (tons/      (tons/day)
                                                             (tons/day)            day)
----------------------------------------------------------------------------------------------------------------
VOC....................................................             787.45             611.95             175.60
NOX....................................................             896.76             427.11             469.65
----------------------------------------------------------------------------------------------------------------

    Illinois has requested the allocation of 12 tons/day of the VOC and 
25 tons/day of NOX from the safety margins to the MVEBs. The 
revised maintenance plan will have a safety margin of 163.6 tons/day of 
VOC and 444.65 tons/day of NOX. The 2025 projected 
emissions, even with this allocation, will be below the 2008 attainment 
year emissions for both VOC and NOX. For this reason, EPA 
finds that the allocation of the safety margin to the 2025 MVEBs for 
the

[[Page 29326]]

Illinois portion of the Greater Chicago Area meets the requirements of 
the transportation conformity regulations at 40 CFR part 93, and is 
approvable.

III. How does this action change the Chicago area's ozone maintenance 
plan?

    This action changes the MVEBs for mobile sources. The maintenance 
plan is designed to provide for future growth while still maintaining 
the ozone NAAQS. Growth in industries, population, and traffic is 
offset by reductions from cleaner cars and other emission reduction 
programs. Through the maintenance plan, the State and local agencies 
can manage and maintain clean air quality while providing for growth.
    In the submittal, Illinois requested to allocate a portion of the 
safely margins for VOC and NOX to the 2025 MVEBs. Table 2 
details the updated MVEBs for the 1997 8-hour ozone maintenance plan 
for the Illinois portion of the Greater Chicago Area. Table 2 shows the 
2025 MVEBs for VOC and NOX (approved by EPA on August 13, 
2012), the amount of excess emission reductions or safety margin to be 
allocated into the new MVEBs, and the new 2025 MVEBs for VOC and 
NOX.

                            Table 2--Chicago 1997 8-Hour Ozone Maintenance Plan MVEBs
----------------------------------------------------------------------------------------------------------------
                                                                   Approved 2025   Safety margin
                            Pollutant                              MVEB  (tons/     allocation     New 2025 MVEB
                                                                       day)         (tons/day)      (tons/day)
----------------------------------------------------------------------------------------------------------------
VOC.............................................................           48.13           12.00           60.13
NOX.............................................................          125.27           25.00          150.27
----------------------------------------------------------------------------------------------------------------

IV. What action is EPA taking?

    EPA is approving a revision to the 1997 8-hour ozone maintenance 
plan for the Illinois portion of the Greater Chicago Area. The revision 
will change the MVEBs for VOC and NOX that are used for 
transportation conformity purposes. The revision will keep the total 
emissions for the area at or below the attainment level required by 
law. This action will allow State or local agencies to continue to 
maintain air quality while providing for transportation growth.
    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 21, 2014 
without further notice unless we receive relevant adverse written 
comments by June 23, 2014. 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 
21, 2014.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive 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 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).

[[Page 29327]]

    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 21, 2014. 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, Oxides of 
Nitrogen, Ozone, Volatile organic compounds, Incorporation by 
reference.

    Dated: May 2, 2014.
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 52.726 is amended by adding paragraph (oo) to read as 
follows:


Sec.  52.726  Control strategy; Ozone.

* * * * *
    (oo) Approval--On March 28, 2014, the State of Illinois submitted a 
revision to its State Implementation Plan for the Illinois portion of 
the Chicago-Gary-Lake County, Illinois-Indiana area (the Greater 
Chicago Area). The submittal established new Motor Vehicle Emissions 
Budgets (MVEB) for Volatile Organic Compounds (VOC) and Oxides of 
Nitrogen (NOX) for the year 2025. The MVEBs for the Illinois 
portion of the Greater Chicago Area are now: 60.13 tons per day of VOC 
emissions and 150.27 tons per day of NOX emissions for the 
year 2025.

[FR Doc. 2014-11487 Filed 5-21-14; 8:45 am]
BILLING CODE 6560-50-P
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