Air Plan Approval; Illinois; Regional Haze Progress Report, 48431-48435 [2017-22502]
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Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0082; FRL–9969–64–
Region 5]
Air Plan Approval; Illinois; Regional
Haze Progress Report
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the regional
haze progress report under the Clean Air
Act (CAA) as a revision to the Illinois
State Implementation Plan (SIP). Illinois
has satisfied the progress report
requirements of the Regional Haze Rule.
Illinois has also met the requirements
for a determination of the adequacy of
its regional haze plan with its negative
declaration submitted with the progress
report.
DATES: This direct final rule will be
effective December 18, 2017, unless EPA
receives adverse comments by
November 17, 2017. 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–2017–0082 at https://
www.regulations.gov or via email to
blakley.pamela@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
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SUMMARY:
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section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
Engineer, Control Strategy Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031,
hatten.charles@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:
INFORMATION CONTACT
[FR Doc. 2017–22505 Filed 10–17–17; 8:45 am]
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I. Background
II. EPA’s Analysis of Illinois’s Regional Haze
Progress Report and Adequacy
Determination
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
States are required to submit a
progress report every five years that
evaluates progress towards the
Reasonable Progress Goals (RPGs) for
each mandatory Class I Federal area 1
(Class I area) within the state and in
each Class I area outside the state which
may be affected by emissions from
within the state. See 40 CFR 51.308(g).
States are also required to submit, at the
same time as the progress report, a
determination of the adequacy of the
state’s existing regional haze SIP. See 40
CFR 51.308(h). The first progress report
must be submitted in the form of a SIP
revision and is due five years after the
submittal of the initial regional haze
SIP. On June 24, 2011, Illinois
submitted its first regional haze SIP in
accordance with the requirements of 40
CFR 51.308. EPA approved Illinois’
regional haze plan into its SIP on July
6, 2012, 77 FR 39943.
On February 1, 2017, Illinois
submitted a SIP revision consisting of a
report on the progress made in the first
implementation period towards the
RPGs for Class I areas outside of Illinois
(progress report). Illinois does not have
any Class I areas within its borders. This
progress report included a
determination that Illinois’ existing
regional haze SIP requires no
substantive revision to achieve the
established regional haze visibility
1 Areas designated as mandatory Class I Federal
areas consist of national parks exceeding 6000
acres, wilderness areas and national memorial parks
exceeding 5000 acres, and all international parks
that were in existence on August 7, 1977 (42 U.S.C.
7472(a)). Listed at 40 CFR part 81, subpart D.
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48431
improvement and emissions reduction
goals for 2018. EPA is approving
Illinois’ progress report on the basis that
it satisfies the requirements of 40 CFR
51.308.
II. EPA’s Analysis of Illinois’s Regional
Haze Progress Report and Adequacy
Determination
On February 1, 2017, Illinois EPA
submitted the progress report as a
revision to its regional haze SIP to
address progress made in the first
planning period towards RPGs for Class
I areas that are affected by emissions
from Illinois’ sources. The progress
report included a determination of the
adequacy of the state’s existing regional
haze SIP.
Illinois has no Class I areas within its
borders. In the initial SIP, the following
Class I areas are identified as sites that
may be affected by emissions from
within Illinois: Sipsey Wilderness Area
(Alabama), Caney Creek Wilderness
Area and Upper Buffalo Wilderness
Area (Arkansas), Great Gulf Wilderness
Area (New Hampshire), Boundary
Waters Canoe Wilderness Area
(Minnesota), Brigantine Wilderness
Area (New Jersey), Great Smoky
Mountains National Park (North
Carolina, and Tennessee), Mammoth
Cave National Park (Kentucky), Acadia
National Park and Moosehorn
Wilderness Area (Maine), Isle Royale
National Park and Seney Wilderness
Area (Michigan), Hercules-Glades
Wilderness Area and Mingo Wilderness
Area (Missouri), Lye Brook Wilderness
(Vermont), James River Face Wilderness
and Shenandoah National Park
(Virginia), and Dolly Sods/Otter Creek
Wilderness (West Virginia).
In developing the Long Term Strategy
(LTS), the original Illinois regional haze
SIP determined that ‘‘on-the-books’’
controls, together with best available
retrofit technology (BART) controls,
would constitute the measures
necessary to address Illinois’
contribution to visibility impairment in
the Class I areas at which emissions
from Illinois contribute. This was
supported by modeling assessments
from the Midwest Regional Planning
Organization (MRPO) and in
consultation with other states and
Regional Planning Organizations.
A. Regional Haze Progress Report SIP
Elements
The following sections discuss the
information provided by Illinois in the
progress report. Each section describes
Illinois’ applicable progress report
submission along with EPA’s analysis
and proposed determination as to
whether the submission met the
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applicable requirements of 40 CFR
51.308.
1. Status of Implementation of All
Measures Included in the Regional Haze
SIP
Illinois provided the status of
implementation of all control measures
as required by 40 CFR 51.308(g)(1).
Illinois identified control measures
regulated explicitly for the purposes of
the regional haze program, as well as
additional control measures that were
expected to take effect within the first
planning period. The regional haze
controls implemented by Illinois
include both BART and a LTS.
In its original regional haze SIP,
Illinois relied primarily on three control
strategies for meeting its regional haze
requirements to ensure reasonable
progress: 2 (1) Federal consent decrees
for two petroleum refineries; (2) sourcespecific limits for three power plants
that were included in Federally
enforceable permits; and, (3) emission
reductions from the vast majority of
state’s electric generating unit (EGU)
fleet resulting from the Multi-Pollutant
Standard (MPS) and the Combined
Pollutant Standard (CPS) regulatory
requirements found in Title 35 of the
Illinois Administrative Code (35 IAC),
Mercury Rule, Part 225, Subpart B—
Control of Mercury Emissions from
Coal-Fired Electric Generating Units
(Part 225). These elements of Illinois’
SIP satisfied the requirements for BART
in 40 CFR 51.308(e). All three control
strategies have been implemented or are
being implemented on the schedules
approved in the SIP.
In addition to these control measures
being implemented, in Section 1.2 of the
report Illinois identified a list of ‘‘onthe-books’’ control measures used in the
MRPO’s modeling for Illinois’ SIP that
the state expected to implement
between 2002 and 2018. These ‘‘on-thebooks’’ control measures are being
implemented as planned or in a manner
at least as stringent as anticipated at the
time of the original haze plan submittal.
More detailed information regarding the
implementation dates of the various
control measures can be found in
Appendix A of the report.
Illinois did not rely on additional
emissions controls from other states in
its regional haze strategy. In Section 1.3
of the report, Illinois noted the
following additional control measures
not considered in Illinois’ regional haze
SIP which are expected to contribute to
further reduction of sulfur dioxide (SO2)
emissions before 2018: Compliance with
the 2010 SO2 National Ambient Air
Quality Standard, and the Federal Tier
3 Vehicle Emissions and Fuel Standard
Program (2014).
The report noted that in 2015 Illinois
adopted regulations that set statewide
fuel sulfur standards for stationary
sources at 1000 parts per million (ppm)
for residual oil and 15 ppm for distillate
fuel oil. These regulatory requirements
were to be implemented by January 1,
2017.
EPA concludes that Illinois has
adequately addressed the status of
control measures in its regional haze SIP
as required by 40 CFR 51.308(g)(1).
2. Summary of Emissions Reductions
Achieved in the State Through
Implementation of Measures
In its progress report, Illinois
provided a summary of emission
reductions achieved through
implementation of control strategies
described in the above paragraph as
required by 40 CFR 51.308(g)(1).
Illinois’ reliance upon the MPS and
CPS from 35 IAC 225, the sourcespecific limits incorporated into
Federally enforceable permits for three
power plants, and requirements
contained in Federal consent decrees for
two petroleum refineries have resulted
in significant emission reductions of
nitrogen oxides (NOX) and SO2. In
Section 2.0 of the progress report,
Illinois provided emissions data from
the base year 2002 for the regional haze
rule, projections of emissions for 2015
and 2018, and actual emissions data
from EPA’s Air Markets Program Data.
These data indicate that greater
reductions of NOX and SO2 emissions
have occurred in 2015 at regulated
sources than were anticipated for the
entire first implementation period
ending in 2018.
The additional emission reductions
reported in Section 2.0 were based on
other factors such as the shutting down
or conversion of coal-fired EGUs to
combustion of other fuels, and control
measures related to Federal
requirements such as, Maximum
Achievable Control Technology and the
Mercury and Air Toxics Standards. The
report shows that emission reduction of
visibility-impairing pollutants in Illinois
have been greater than anticipated at the
time of its regional haze plan submittal.
EPA finds the summary of emission
reductions achieved from control
strategy implementation adequately
addresses the applicable provisions of
40 CFR 51.308(g)(2).
3. Assessment of Visibility Conditions
and Changes for Each Mandatory Class
I Federal Area in the State
Illinois does not have any Class I
areas within its boundaries, and as the
applicable provisions pertain only to
states containing Class I areas, no
further discussion is necessary. EPA
concludes that Illinois has adequately
addressed the applicable provisions of
40 CFR 51.308(g).
4. Analysis Tracking Emissions Changes
of Visibility-Impairing Pollutants
In its progress report, Illinois
provided an analysis tracking the
emissions progress over the past five
years, as required by 40 CFR
51.308(g)(4). Illinois based its report on
the most recent updated emissions
inventory to account for emission
changes during the applicable five-year
period. The analysis includes emissions
of SO2, NOX, ammonia (NH3), volatile
organic compound (VOC), and direct
emissions of fine particulate matter
(PM2.5) for the years 2010 to 2014 (the
most recent year for which Illinois has
a full quality-assured inventory). In
order to provide a five-year analysis
with data from years with full qualityassured inventories, Illinois EPA has
interpolated 2010 inventory data from
its 2008 and 2011 inventories.
Table 1 below contains Illinois
inventory data aggregated by source
type for each visibility-impairing
pollutant. This data shows significant
reductions in Illinois emissions of SO2
(40% reduction) and NOX (15%
reduction) while showing slight
increases or decreases in emissions of
PM2.5 (0.15% increase), VOC (0.5%
increase), and NH3 (4% reduction).
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TABLE 1—ILLINOIS EMISSIONS BY SOURCE TYPE
SO2 (tpy)
NOX (tpy)
PM2.5 (tpy)
VOC (tpy)
NH3 (tpy)
Source type
2010
Point Source .............
2014
2010
311,447
182,200
151,017
2 Illinois did not rely upon the Clean Air
Interstate Rule (CAIR) or the Cross-State Air
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2014
99,753
2010
10,929
2014
14,261
Pollution Rule (CSAPR) for its regional haze SIP,
and thus, has avoided the issues that presented
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2010
2014
45,598
42,345
2010
1,622
2014
1,901
themselves in other states due to their reliance on
CAIR and CSAPR.
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48433
TABLE 1—ILLINOIS EMISSIONS BY SOURCE TYPE—Continued
SO2 (tpy)
NOX (tpy)
PM2.5 (tpy)
VOC (tpy)
NH3 (tpy)
Source type
2010
2014
2010
2014
2010
2014
2010
2014
2010
2014
Area Source .............
On-Road Mobile .......
Off-Road Mobile .......
Animal Husbandry ....
5,733
1,037
1,994
0
5,688
1,040
2,576
................
45,150
187,348
144,695
0
58,012
174,774
116,965
................
119,001
5,290
9,596
0
118,411
5,286
7,074
................
166,221
70,721
77,368
0
172,831
73,769
72,795
................
69,916
6,048
96
45,826
68,177
3,868
109
44,442
Total ..................
320,232
191,504
528,211
449,504
144,816
145,032
359,909
361,740
123,507
118,496
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An additional table in the report
shows the significant reductions in SO2
and NOX emissions were driven
primarily by reductions from the EGU
sector. Illinois anticipates that this trend
will continue in 2015 and beyond, due
to further increases in the stringency of
the state regulations and additional
coal-fired EGUs in Illinois being retired
or converted to natural gas combustion.
Emissions of VOC and PM2.5 appear to
have increased slightly over the fiveyear period. However, Illinois EPA
analysis indicates that this apparent
increase is due mainly to changes in
inventory methodologies. While VOC
emissions in Illinois decreased for many
subcategories in the inventory summary,
these reductions are overwhelmed by
the significant increase in the
‘‘Petroleum and Related Industries’’
subcategory. With respect to calculating
the proportion of PM2.5 in source
emissions, Illinois determined that the
apparent increase in PM2.5 emissions is
from the EGU sector, while overall PM
emissions, fuel usage, and emissions of
other pollutants for the EGU sector
showed significant reductions.
Overall emissions of visibilityimpairing pollutants in Illinois have
declined over the five-year period
between 2010 and 2014. Again, the
regional haze SIP for Illinois control
strategies focused primarily on
reductions of SO2 and NOX.
EPA finds that the analysis tracking
the emissions progress over the past five
years adequately addresses the
applicable provisions of 40 CFR
51.308(g).
5. Assessment of Changes Impeding
Visibility Progress
The Regional Haze Rule at 40 CFR
51.308(g)(5) requires an assessment of
any significant changes in emissions
over the past five years that have
impeded progress in improving
visibility.
In the progress report, Illinois has not
identified any significant changes in
anthropogenic emissions within Illinois
that have occurred over the last five
years that would limit or impede
progress in improving visibility. Illinois
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reports that there have been no
significant unexpected increases in
emissions in the past five years.
Likewise, Illinois reports that there have
been no projected decreases in pollutant
emissions from the regional haze SIP
that have not been realized. Data
detailed in Sections 2.0 and 4.0 of
Illinois’ progress report show Illinois
achieving emission reductions of SO2
and NOX beyond the projected emission
reductions in the original regional haze
SIP.
Because Illinois does not contain any
Federal Class I areas, Illinois is not
required to assess whether emission
increases outside the state are causing a
Class I area within the state to be
adversely affected. Thus, EPA concludes
that Illinois has adequately addressed
the applicable provisions of 40 CFR
50.308.
6. Assessment of Current Strategy
In its progress report, Illinois submits
that the elements and strategies outlined
in its original regional haze SIP are
sufficient to enable Illinois and states
where Illinois contributes to visibility
impairments to meet all established
RPGs. To support this conclusion,
Illinois has implemented, or will
implement by 2018, all controls from its
regional haze plan. In the progress
report, Illinois states that good progress
has been made in reducing in visibilityimpairing pollutants in the last five
years. The state noted that it is on track
to meet its 2018 goals for emission
reductions before the end of 2018 for
key pollutants, SO2 and NOX. Section
2.0 of the progress report, provides
actual emissions data showing
significant emissions reductions in
visibility impairing pollutants in 2015
that have already exceeded the
projected emission reductions in the
Illinois by 2018.
EPA agrees that Illinois’ assessment of
strategies outlined in its regional haze
SIP has adequately addressed the
applicable provisions of 40 CFR 50.308.
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7. Review of the State’s Visibility
Monitoring Strategy
Illinois’s progress report indicates that
there are no Class I areas within its
borders. EPA concludes that because
Illinois does not have any Class I areas
within its borders and therefore is not
required to address the applicable
provisions related to review of the
state’s visibility monitoring strategy, the
state has adequately addressed the
applicable provisions of 40 CFR 51.308.
B. Determination of Adequacy of the
Existing Regional Haze Plan
The rule at 40 CFR 51.308(h) requires
a determination of adequacy for the
regional haze plan to be submitted at the
same time as the progress report. The
rule requires the state to select from four
options based on the information given
in the progress report. Illinois submitted
a negative declaration that further
substantive revisions to its regional haze
plan are not needed at this time. Illinois
determined that its regional haze plan is
adequate to meet the regional haze rule
requirements and expects Class I areas
affected by Illinois to achieve the
reasonable progress goals. The nearest
Class I area outside the state of Illinois
is either in southwestern Missouri or
northern Michigan. See 77 FR 3966,
3967 (January 12, 2012). Illinois reports
that it is on track to meet the visibility
improvement and emission reduction
goals. EPA agrees that the current
Illinois regional haze plan is adequate to
achieve these goals.
C. Public Participation and Federal
Land Manager (FLM) Consultation
On June 23, 2016, Illinois provided an
opportunity for FLMs to review the
revision to Illinois’ SIP reporting on
progress made during the first
implementation period toward RPGs for
Class I areas outside the state that are
affected by emissions from Illinois’
sources. This was 60 days in advance of
the public hearing.
Illinois’ progress report includes the
FLMs comments received and responses
to those comments in Appendix A in
the progress report.
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Illinois also published notification for
a public hearing and solicitation for
comments in the Illinois Register on
October 7, 2016, with the public
comment period commencing on that
day and ending on November 6, 2016.
Illinois received no request for a public
hearing. Illinois received one public
comment during the public comment
period. The state provided a response to
the comment, regarding the Illinois
regional haze report.
EPA finds that Illinois has addressed
the applicable requirements in
§ 51.308(i) regarding FLM consultation.
III. What action is EPA taking?
EPA is approving the regional haze
progress report submitted on February
1, 2017, as a revision to the Illinois SIP.
Illinois has satisfied the progress report
requirements of 40 CFR 51.308(g). EPA
also finds that Illinois has met the 40
CFR 51.308(h) requirements for a
determination of the adequacy of its
regional haze plan with its negative
declaration also submitted on February
1, 2017.
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 December 18, 2017 without
further notice unless we receive relevant
adverse written comments by November
17, 2017. 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
December 18, 2017.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
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42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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
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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 18, 2017. 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 this 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,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 28, 2017.
Robert A. Kaplan,
Acting 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. In § 52.720, the table in paragraph
(e) is amended by adding an entry for
‘‘Regional Haze Progress Report’’
■
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§ 52.720
immediately following the entry for
‘‘Regional haze plan’’ to read as follows:
*
Identification of plan.
*
*
*
(e) * * *
*
EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Name of SIP provision
Applicable
geographic or
nonattainment
area
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Regional Haze Progress Report ..................
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Statewide ..........
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0058; FRL–9969–61–
Region 5]
Air Plan Approval; Michigan; Regional
Haze Progress Report
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the
Michigan regional haze progress report
under the Clean Air Act (CAA) as a
revision to the Michigan State
Implementation Plan (SIP). Michigan
has satisfied the progress report
requirements of the Regional Haze Rule.
Michigan has also met the requirements
for a determination of the adequacy of
its regional haze plan with its negative
declaration submitted with the progress
report.
DATES: This direct final rule will be
effective December 18, 2017, unless EPA
receives adverse comments by
November 17, 2017. If relevant 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–2016–0058 at https://
www.regulations.gov or via email to
aburano.douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
ethrower on DSK3G9T082PROD with RULES
SUMMARY:
16:09 Oct 17, 2017
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02/01/17
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[FR Doc. 2017–22502 Filed 10–17–17; 8:45 am]
VerDate Sep<11>2014
State submittal
date
Jkt 244001
EPA approval date
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10/18/17, [Insert Federal Register citation]
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information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Gilberto Alvarez, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6143,
alvarez.gilberto@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. Requirements for the Regional Haze
Progress Reports and Adequacy of
Determinations
III. What is EPA’s analysis?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Background
States are required to submit a
progress report every five years that
evaluates progress towards the
Reasonable Progress Goals (RPGs) for
each mandatory Class I Federal area
within the State and in each mandatory
Class I Federal area outside the State
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
Comments
*
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which may be affected by emissions
from within the State. See 40 CFR
51.308(g). States are also required to
submit, at the same time as the progress
report, a determination of the adequacy
of their existing regional haze SIP. See
40 CFR 51.308(h). The first progress
report is due five years after the
submittal of the initial regional haze
SIP.
Michigan submitted its regional haze
plan on November 5, 2010. EPA
approved Michigan’s regional haze plan
into its SIP on December 3, 2012, 77 FR
71533.
In order to satisfy the requirements for
Best Available Retrofit Technology
(BART) for certain taconite ore
processing facilities in Minnesota and
Michigan, EPA promulgated a Federal
Implementation Plan (taconite FIP) on
February 6, 2013, 78 FR 8706. In
Michigan, the taconite facility impacted
by this FIP is the Tilden Mining
Company. The taconite FIP was stayed
by the Eighth Circuit Court of Appeals
on June 14, 2013. EPA subsequently
reached a settlement agreement with
Cliffs Natural Resources and Arcelor
Mittal that was fully executed on April
9, 2015. On April 12, 2016, EPA
published a final rule that modifies the
taconite FIP with the settlement
agreement conditions, 81 FR 21672.
Michigan submitted its five-year
progress report on January 12, 2016. The
State submitted its determination of
adequacy with the progress report.
There are two Class I areas in
Michigan, Isle Royale National Park (Isle
Royale) located on Lake Superior and
Seney National Wildlife Refuge (Seney)
located in Michigan’s Upper Peninsula.
The emission reductions from several
Federal programs contribute to visibility
improvement in Michigan. In its
regional haze plan, Michigan considered
the emission reductions from the Tier 2
Gasoline, Heavy-duty Highway Diesel,
Non-road Diesel, and a variety of
Maximum Achievable Control
Technology programs. Michigan elected
to use the Cross-State Air Pollution Rule
E:\FR\FM\18OCR1.SGM
18OCR1
Agencies
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48431-48435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22502]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2017-0082; FRL-9969-64-Region 5]
Air Plan Approval; Illinois; Regional Haze Progress Report
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
regional haze progress report under the Clean Air Act (CAA) as a
revision to the Illinois State Implementation Plan (SIP). Illinois has
satisfied the progress report requirements of the Regional Haze Rule.
Illinois has also met the requirements for a determination of the
adequacy of its regional haze plan with its negative declaration
submitted with the progress report.
DATES: This direct final rule will be effective December 18, 2017,
unless EPA receives adverse comments by November 17, 2017. 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-2017-0082 at https://www.regulations.gov or via email to
blakley.pamela@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategy Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6031, hatten.charles@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. EPA's Analysis of Illinois's Regional Haze Progress Report and
Adequacy Determination
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
States are required to submit a progress report every five years
that evaluates progress towards the Reasonable Progress Goals (RPGs)
for each mandatory Class I Federal area \1\ (Class I area) within the
state and in each Class I area outside the state which may be affected
by emissions from within the state. See 40 CFR 51.308(g). States are
also required to submit, at the same time as the progress report, a
determination of the adequacy of the state's existing regional haze
SIP. See 40 CFR 51.308(h). The first progress report must be submitted
in the form of a SIP revision and is due five years after the submittal
of the initial regional haze SIP. On June 24, 2011, Illinois submitted
its first regional haze SIP in accordance with the requirements of 40
CFR 51.308. EPA approved Illinois' regional haze plan into its SIP on
July 6, 2012, 77 FR 39943.
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\1\ Areas designated as mandatory Class I Federal areas consist
of national parks exceeding 6000 acres, wilderness areas and
national memorial parks exceeding 5000 acres, and all international
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)).
Listed at 40 CFR part 81, subpart D.
---------------------------------------------------------------------------
On February 1, 2017, Illinois submitted a SIP revision consisting
of a report on the progress made in the first implementation period
towards the RPGs for Class I areas outside of Illinois (progress
report). Illinois does not have any Class I areas within its borders.
This progress report included a determination that Illinois' existing
regional haze SIP requires no substantive revision to achieve the
established regional haze visibility improvement and emissions
reduction goals for 2018. EPA is approving Illinois' progress report on
the basis that it satisfies the requirements of 40 CFR 51.308.
II. EPA's Analysis of Illinois's Regional Haze Progress Report and
Adequacy Determination
On February 1, 2017, Illinois EPA submitted the progress report as
a revision to its regional haze SIP to address progress made in the
first planning period towards RPGs for Class I areas that are affected
by emissions from Illinois' sources. The progress report included a
determination of the adequacy of the state's existing regional haze
SIP.
Illinois has no Class I areas within its borders. In the initial
SIP, the following Class I areas are identified as sites that may be
affected by emissions from within Illinois: Sipsey Wilderness Area
(Alabama), Caney Creek Wilderness Area and Upper Buffalo Wilderness
Area (Arkansas), Great Gulf Wilderness Area (New Hampshire), Boundary
Waters Canoe Wilderness Area (Minnesota), Brigantine Wilderness Area
(New Jersey), Great Smoky Mountains National Park (North Carolina, and
Tennessee), Mammoth Cave National Park (Kentucky), Acadia National Park
and Moosehorn Wilderness Area (Maine), Isle Royale National Park and
Seney Wilderness Area (Michigan), Hercules-Glades Wilderness Area and
Mingo Wilderness Area (Missouri), Lye Brook Wilderness (Vermont), James
River Face Wilderness and Shenandoah National Park (Virginia), and
Dolly Sods/Otter Creek Wilderness (West Virginia).
In developing the Long Term Strategy (LTS), the original Illinois
regional haze SIP determined that ``on-the-books'' controls, together
with best available retrofit technology (BART) controls, would
constitute the measures necessary to address Illinois' contribution to
visibility impairment in the Class I areas at which emissions from
Illinois contribute. This was supported by modeling assessments from
the Midwest Regional Planning Organization (MRPO) and in consultation
with other states and Regional Planning Organizations.
A. Regional Haze Progress Report SIP Elements
The following sections discuss the information provided by Illinois
in the progress report. Each section describes Illinois' applicable
progress report submission along with EPA's analysis and proposed
determination as to whether the submission met the
[[Page 48432]]
applicable requirements of 40 CFR 51.308.
1. Status of Implementation of All Measures Included in the Regional
Haze SIP
Illinois provided the status of implementation of all control
measures as required by 40 CFR 51.308(g)(1). Illinois identified
control measures regulated explicitly for the purposes of the regional
haze program, as well as additional control measures that were expected
to take effect within the first planning period. The regional haze
controls implemented by Illinois include both BART and a LTS.
In its original regional haze SIP, Illinois relied primarily on
three control strategies for meeting its regional haze requirements to
ensure reasonable progress: \2\ (1) Federal consent decrees for two
petroleum refineries; (2) source-specific limits for three power plants
that were included in Federally enforceable permits; and, (3) emission
reductions from the vast majority of state's electric generating unit
(EGU) fleet resulting from the Multi-Pollutant Standard (MPS) and the
Combined Pollutant Standard (CPS) regulatory requirements found in
Title 35 of the Illinois Administrative Code (35 IAC), Mercury Rule,
Part 225, Subpart B--Control of Mercury Emissions from Coal-Fired
Electric Generating Units (Part 225). These elements of Illinois' SIP
satisfied the requirements for BART in 40 CFR 51.308(e). All three
control strategies have been implemented or are being implemented on
the schedules approved in the SIP.
---------------------------------------------------------------------------
\2\ Illinois did not rely upon the Clean Air Interstate Rule
(CAIR) or the Cross-State Air Pollution Rule (CSAPR) for its
regional haze SIP, and thus, has avoided the issues that presented
themselves in other states due to their reliance on CAIR and CSAPR.
---------------------------------------------------------------------------
In addition to these control measures being implemented, in Section
1.2 of the report Illinois identified a list of ``on-the-books''
control measures used in the MRPO's modeling for Illinois' SIP that the
state expected to implement between 2002 and 2018. These ``on-the-
books'' control measures are being implemented as planned or in a
manner at least as stringent as anticipated at the time of the original
haze plan submittal. More detailed information regarding the
implementation dates of the various control measures can be found in
Appendix A of the report.
Illinois did not rely on additional emissions controls from other
states in its regional haze strategy. In Section 1.3 of the report,
Illinois noted the following additional control measures not considered
in Illinois' regional haze SIP which are expected to contribute to
further reduction of sulfur dioxide (SO2) emissions before
2018: Compliance with the 2010 SO2 National Ambient Air
Quality Standard, and the Federal Tier 3 Vehicle Emissions and Fuel
Standard Program (2014).
The report noted that in 2015 Illinois adopted regulations that set
statewide fuel sulfur standards for stationary sources at 1000 parts
per million (ppm) for residual oil and 15 ppm for distillate fuel oil.
These regulatory requirements were to be implemented by January 1,
2017.
EPA concludes that Illinois has adequately addressed the status of
control measures in its regional haze SIP as required by 40 CFR
51.308(g)(1).
2. Summary of Emissions Reductions Achieved in the State Through
Implementation of Measures
In its progress report, Illinois provided a summary of emission
reductions achieved through implementation of control strategies
described in the above paragraph as required by 40 CFR 51.308(g)(1).
Illinois' reliance upon the MPS and CPS from 35 IAC 225, the
source-specific limits incorporated into Federally enforceable permits
for three power plants, and requirements contained in Federal consent
decrees for two petroleum refineries have resulted in significant
emission reductions of nitrogen oxides (NOX) and
SO2. In Section 2.0 of the progress report, Illinois
provided emissions data from the base year 2002 for the regional haze
rule, projections of emissions for 2015 and 2018, and actual emissions
data from EPA's Air Markets Program Data. These data indicate that
greater reductions of NOX and SO2 emissions have
occurred in 2015 at regulated sources than were anticipated for the
entire first implementation period ending in 2018.
The additional emission reductions reported in Section 2.0 were
based on other factors such as the shutting down or conversion of coal-
fired EGUs to combustion of other fuels, and control measures related
to Federal requirements such as, Maximum Achievable Control Technology
and the Mercury and Air Toxics Standards. The report shows that
emission reduction of visibility-impairing pollutants in Illinois have
been greater than anticipated at the time of its regional haze plan
submittal.
EPA finds the summary of emission reductions achieved from control
strategy implementation adequately addresses the applicable provisions
of 40 CFR 51.308(g)(2).
3. Assessment of Visibility Conditions and Changes for Each Mandatory
Class I Federal Area in the State
Illinois does not have any Class I areas within its boundaries, and
as the applicable provisions pertain only to states containing Class I
areas, no further discussion is necessary. EPA concludes that Illinois
has adequately addressed the applicable provisions of 40 CFR 51.308(g).
4. Analysis Tracking Emissions Changes of Visibility-Impairing
Pollutants
In its progress report, Illinois provided an analysis tracking the
emissions progress over the past five years, as required by 40 CFR
51.308(g)(4). Illinois based its report on the most recent updated
emissions inventory to account for emission changes during the
applicable five-year period. The analysis includes emissions of
SO2, NOX, ammonia (NH3), volatile
organic compound (VOC), and direct emissions of fine particulate matter
(PM2.5) for the years 2010 to 2014 (the most recent year for
which Illinois has a full quality-assured inventory). In order to
provide a five-year analysis with data from years with full quality-
assured inventories, Illinois EPA has interpolated 2010 inventory data
from its 2008 and 2011 inventories.
Table 1 below contains Illinois inventory data aggregated by source
type for each visibility-impairing pollutant. This data shows
significant reductions in Illinois emissions of SO2 (40%
reduction) and NOX (15% reduction) while showing slight
increases or decreases in emissions of PM2.5 (0.15%
increase), VOC (0.5% increase), and NH3 (4% reduction).
Table 1--Illinois Emissions by Source Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
SO2 (tpy) NOX (tpy) PM2.5 (tpy) VOC (tpy) NH3 (tpy)
Source type -------------------------------------------------------------------------------------------------------------
2010 2014 2010 2014 2010 2014 2010 2014 2010 2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Source.............................. 311,447 182,200 151,017 99,753 10,929 14,261 45,598 42,345 1,622 1,901
[[Page 48433]]
Area Source............................... 5,733 5,688 45,150 58,012 119,001 118,411 166,221 172,831 69,916 68,177
On-Road Mobile............................ 1,037 1,040 187,348 174,774 5,290 5,286 70,721 73,769 6,048 3,868
Off-Road Mobile........................... 1,994 2,576 144,695 116,965 9,596 7,074 77,368 72,795 96 109
Animal Husbandry.......................... 0 ......... 0 ......... 0 ......... 0 ......... 45,826 44,442
-------------------------------------------------------------------------------------------------------------
Total................................. 320,232 191,504 528,211 449,504 144,816 145,032 359,909 361,740 123,507 118,496
--------------------------------------------------------------------------------------------------------------------------------------------------------
An additional table in the report shows the significant reductions
in SO2 and NOX emissions were driven primarily by
reductions from the EGU sector. Illinois anticipates that this trend
will continue in 2015 and beyond, due to further increases in the
stringency of the state regulations and additional coal-fired EGUs in
Illinois being retired or converted to natural gas combustion.
Emissions of VOC and PM2.5 appear to have increased
slightly over the five-year period. However, Illinois EPA analysis
indicates that this apparent increase is due mainly to changes in
inventory methodologies. While VOC emissions in Illinois decreased for
many subcategories in the inventory summary, these reductions are
overwhelmed by the significant increase in the ``Petroleum and Related
Industries'' subcategory. With respect to calculating the proportion of
PM2.5 in source emissions, Illinois determined that the
apparent increase in PM2.5 emissions is from the EGU sector,
while overall PM emissions, fuel usage, and emissions of other
pollutants for the EGU sector showed significant reductions.
Overall emissions of visibility-impairing pollutants in Illinois
have declined over the five-year period between 2010 and 2014. Again,
the regional haze SIP for Illinois control strategies focused primarily
on reductions of SO2 and NOX.
EPA finds that the analysis tracking the emissions progress over
the past five years adequately addresses the applicable provisions of
40 CFR 51.308(g).
5. Assessment of Changes Impeding Visibility Progress
The Regional Haze Rule at 40 CFR 51.308(g)(5) requires an
assessment of any significant changes in emissions over the past five
years that have impeded progress in improving visibility.
In the progress report, Illinois has not identified any significant
changes in anthropogenic emissions within Illinois that have occurred
over the last five years that would limit or impede progress in
improving visibility. Illinois reports that there have been no
significant unexpected increases in emissions in the past five years.
Likewise, Illinois reports that there have been no projected decreases
in pollutant emissions from the regional haze SIP that have not been
realized. Data detailed in Sections 2.0 and 4.0 of Illinois' progress
report show Illinois achieving emission reductions of SO2
and NOX beyond the projected emission reductions in the
original regional haze SIP.
Because Illinois does not contain any Federal Class I areas,
Illinois is not required to assess whether emission increases outside
the state are causing a Class I area within the state to be adversely
affected. Thus, EPA concludes that Illinois has adequately addressed
the applicable provisions of 40 CFR 50.308.
6. Assessment of Current Strategy
In its progress report, Illinois submits that the elements and
strategies outlined in its original regional haze SIP are sufficient to
enable Illinois and states where Illinois contributes to visibility
impairments to meet all established RPGs. To support this conclusion,
Illinois has implemented, or will implement by 2018, all controls from
its regional haze plan. In the progress report, Illinois states that
good progress has been made in reducing in visibility-impairing
pollutants in the last five years. The state noted that it is on track
to meet its 2018 goals for emission reductions before the end of 2018
for key pollutants, SO2 and NOX. Section 2.0 of
the progress report, provides actual emissions data showing significant
emissions reductions in visibility impairing pollutants in 2015 that
have already exceeded the projected emission reductions in the Illinois
by 2018.
EPA agrees that Illinois' assessment of strategies outlined in its
regional haze SIP has adequately addressed the applicable provisions of
40 CFR 50.308.
7. Review of the State's Visibility Monitoring Strategy
Illinois's progress report indicates that there are no Class I
areas within its borders. EPA concludes that because Illinois does not
have any Class I areas within its borders and therefore is not required
to address the applicable provisions related to review of the state's
visibility monitoring strategy, the state has adequately addressed the
applicable provisions of 40 CFR 51.308.
B. Determination of Adequacy of the Existing Regional Haze Plan
The rule at 40 CFR 51.308(h) requires a determination of adequacy
for the regional haze plan to be submitted at the same time as the
progress report. The rule requires the state to select from four
options based on the information given in the progress report. Illinois
submitted a negative declaration that further substantive revisions to
its regional haze plan are not needed at this time. Illinois determined
that its regional haze plan is adequate to meet the regional haze rule
requirements and expects Class I areas affected by Illinois to achieve
the reasonable progress goals. The nearest Class I area outside the
state of Illinois is either in southwestern Missouri or northern
Michigan. See 77 FR 3966, 3967 (January 12, 2012). Illinois reports
that it is on track to meet the visibility improvement and emission
reduction goals. EPA agrees that the current Illinois regional haze
plan is adequate to achieve these goals.
C. Public Participation and Federal Land Manager (FLM) Consultation
On June 23, 2016, Illinois provided an opportunity for FLMs to
review the revision to Illinois' SIP reporting on progress made during
the first implementation period toward RPGs for Class I areas outside
the state that are affected by emissions from Illinois' sources. This
was 60 days in advance of the public hearing.
Illinois' progress report includes the FLMs comments received and
responses to those comments in Appendix A in the progress report.
[[Page 48434]]
Illinois also published notification for a public hearing and
solicitation for comments in the Illinois Register on October 7, 2016,
with the public comment period commencing on that day and ending on
November 6, 2016. Illinois received no request for a public hearing.
Illinois received one public comment during the public comment period.
The state provided a response to the comment, regarding the Illinois
regional haze report.
EPA finds that Illinois has addressed the applicable requirements
in Sec. 51.308(i) regarding FLM consultation.
III. What action is EPA taking?
EPA is approving the regional haze progress report submitted on
February 1, 2017, as a revision to the Illinois SIP. Illinois has
satisfied the progress report requirements of 40 CFR 51.308(g). EPA
also finds that Illinois has met the 40 CFR 51.308(h) requirements for
a determination of the adequacy of its regional haze plan with its
negative declaration also submitted on February 1, 2017.
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 December 18,
2017 without further notice unless we receive relevant adverse written
comments by November 17, 2017. 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
December 18, 2017.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 18, 2017. 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 this 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, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: September 28, 2017.
Robert A. Kaplan,
Acting 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. In Sec. 52.720, the table in paragraph (e) is amended by adding an
entry for ``Regional Haze Progress Report''
[[Page 48435]]
immediately following the entry for ``Regional haze plan'' to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable geographic State
Name of SIP provision or nonattainment area submittal date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Regional Haze Progress Report. Statewide............. 02/01/17 10/18/17, [Insert .....................
Federal Register
citation].
* * * * * * *
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[FR Doc. 2017-22502 Filed 10-17-17; 8:45 am]
BILLING CODE 6560-50-P