Air Plan Approval; Illinois; Redesignation of the Chicago and Granite City Areas to Attainment of the 2008 Lead Standard, 48448-48459 [2017-22512]
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48448
Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations
2. In § 52.1870 the table in paragraph
(e) is amended by adding a new entry
for ‘‘Lead (2008)’’ under sub-heading
§ 52.1870
‘‘Summary of Criteria Pollutant
Maintenance Plan’’ to read as follows:
■
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable geographical
or non-attainment area
Title
*
Lead (2008) .......
State date
*
Delta (partial Fulton
County).
*
*
4/27/2017
*
Comments
*
10/18/2017, [insert Federal Register citation].
*
*
*
Includes approval of the 2013 lead base year emissions inventory and Preventative Maintenance
Plan as RACM for the Bunting Bearing LLC Delta
facility.
*
3. Section 52.1893 is amended by
adding new paragraphs (f), (g) and (h) to
read as follows:
■
§ 52.1893
EPA approval
Control strategy: Lead (Pb).
*
*
*
*
*
(f) Ohio’s 2013 lead emissions
inventory for the Fulton County area,
submitted on April 27, 2017, to meet the
emission inventory requirements of
section 172(c)(3) of the Clean Air Act for
the Fulton County area.
(g) Approval—The 2008 lead
maintenance plan for the Fulton
County, Ohio nonattainment area,
submitted on April 27, 2017.
*
*
(h) Existing controls and maintenance
provisions in the Air Pollution Permitsto-install and operate P0108083,
P0121822, P0120836, and P0121942 for
the Bunting Bearing LLC Delta facility
including the preventative maintenance
plan as fulfilling the RACM/RACT
172(c)(1) requirement. Permits
P0120836, P0121822, and P0121942, all
issued February 28, 2017, require a
combined limit of 0.150 pounds lead
per hour for the exhaust of units P006
to P011, P013, P020 to P025, P029 to
P032, P035, and P036. Permit P0108083,
issued October 29, 2012, requires a
combined limit of 0.150 pounds lead
per hour for units P014 to P019 and
*
*
P028 and a combined limit of 0.075 lb/
hr for unit P005.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
4. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
5. Section 81.336 is amended by
revising the entry for Delta, OH in the
table entitled ‘‘Ohio—2008 Lead
NAAQS’’ to read as follows:
■
§ 81.336
*
Ohio.
*
*
*
*
OHIO—2008 LEAD NAAQS
Designation for the 2008
NAAQS a
Designated area
Date 1
*
*
*
*
*
Delta, OH:
Fulton County (part) .......................................................................................................................................
The portions of Fulton County that are bounded by: sections 12 and 13 of York Township and sections 7 and 18 of Swan Creek Township.
*
a Includes
*
*
*
*
*
*
10/18/2017
*
Type
Attainment.
*
Indian Country located in each county or area, except as otherwise specified.
31, 2011, unless otherwise noted.
1 December
[FR Doc. 2017–22495 Filed 10–17–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
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[EPA–R05–OAR–2016–0593; FRL–9969–69–
Region 5]
Air Plan Approval; Illinois;
Redesignation of the Chicago and
Granite City Areas to Attainment of the
2008 Lead Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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The Environmental Protection
Agency (EPA) is approving the Illinois
Environmental Protection Agency’s
(Illinois EPA’s) request to redesignate
the Chicago and Granite City
nonattainment areas (hereafter also
referred to as the ‘‘areas’’) to attainment
for the 2008 national ambient air quality
standards (NAAQS or standards) for
lead, also identified as Pb. EPA is also
approving, as revisions to the Illinois
state implementation plan (SIP): The
state’s plan for maintaining the 2008
lead NAAQS in the areas for a period of
ten years following these redesignations;
SUMMARY:
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the emissions inventories for the areas;
and rules applying emission limits and
other control requirements to lead
sources in the areas. EPA is taking these
actions in accordance with applicable
regulations and guidance that address
implementation of the 2008 lead
NAAQS.
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–2016–0593 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
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: Eric
Svingen, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–4489,
svingen.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
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DATES:
I. What actions is EPA taking?
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II. What is the background for these actions?
III. What are the criteria for redesignation to
attainment?
IV. What is EPA’s analysis of the state’s
request?
V. What are the effects of EPA’s actions?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What actions is EPA taking?
EPA is approving Illinois’ request to
redesignate the Chicago and Granite
City areas from nonattainment to
attainment for the 2008 lead NAAQS
under section 107(d)(3)(E) of the Clean
Air Act (CAA) and taking several related
actions. These actions include approval
of, as revisions to the Illinois SIP,
Illinois’: Lead maintenance plan for the
areas under section 175A; 2012 lead
emission inventories under section
172(c)(3); and rules applying emission
limits and other control requirements to
lead sources in the Chicago and Granite
City areas.
EPA’s analysis for taking these actions
is discussed in Section IV below.
II. What is the background for these
actions?
Lead is a metal found naturally in the
environment as well as in manufactured
products. Lead may have serious public
health effects depending on the level of
exposure. Lead can adversely affect the
nervous system, kidney function,
immune system, reproductive system,
and cardiovascular system. Infants and
young children are especially sensitive
to even low levels of lead, which may
contribute to behavioral problems,
learning deficits, and lowered IQ. The
major sources of lead for air emissions
have historically been from fuels used
in on-road motor vehicles (such as cars
and trucks) and industrial sources. As a
result of EPA’s regulatory efforts to
remove lead from on-road motor vehicle
gasoline, emissions of lead from the
transportation sector dramatically
declined by 95 percent between 1980
and 1999, and levels of lead in the air
decreased by 94 percent between 1980
and 1999.
Today, the highest levels of lead in
the air are usually found near lead
smelters. The major sources of lead
emissions to the air today are ore and
metals processing and piston-engine
aircraft operating on leaded aviation
gasoline.
On November 12, 2008 (73 FR 66964),
EPA established the 2008 primary and
secondary lead NAAQS at 0.15
micrograms per cubic meter (mg/m3)
based on a maximum arithmetic 3month mean concentration for a 3-year
period. See 40 CFR 50.16.
On November 22, 2010 (75 FR 71033),
EPA published its initial air quality
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48449
designations and classifications for the
2008 lead NAAQS based upon air
quality monitoring data for calendar
years 2007–2009. These designations
became effective on December 31, 2010.
In this initial round, the Granite City
area was designated nonattainment for
the 2008 lead NAAQS. On November
22, 2011 (76 FR 72097), EPA published
a second and final round of designations
for the 2008 lead NAAQS based upon
air quality monitoring data for calendar
years 2008–2010. These designations
became effective on December 31, 2011.
In this second round, the Chicago area
was designated nonattainment for the
2008 lead NAAQS. See 40 CFR 81.314.
On January 9, 2014, Illinois EPA
submitted to EPA an attainment
demonstration for the 2008 lead
NAAQS. This submission included a
request to incorporate into the Illinois
SIP new rules at Title 35 Illinois
Administrative Code (Ill. Adm. Code)
Part 226. On June 17, 2014, Illinois EPA
supplemented this submission with
additional information regarding the
state rulemaking process.
On September 22, 2016, Illinois EPA
requested that the Granite City and
Chicago lead nonattainment areas be
redesignated to attainment for the 2008
lead NAAQS and submitted the
maintenance plan for the areas as a
proposed revision to the Illinois SIP. In
this September 22, 2016, submission,
Illinois EPA withdrew most parts of the
previous two submissions, but did not
withdraw the request that EPA approve,
as a revision to the Illinois SIP, the
requirements at 35 Ill. Adm. Code Part
226 to limit lead emissions in the areas.
Illinois similarly did not withdraw
certain attachments and support
documents, such as emissions
inventories and modeling data, that are
relevant to this request. On February 16,
2017, Illinois EPA clarified certain
details regarding the maintenance plan
components of its September 22, 2016
submission.
III. What are the criteria for
redesignation to attainment?
The CAA sets forth the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) of the CAA allows for
redesignation provided that: (1) The
Administrator determines that the area
has attained the applicable NAAQS
based on current air quality data; (2) the
Administrator has fully approved an
applicable SIP for the area under section
110(k) of the CAA; (3) the Administrator
determines that the improvement in air
quality is due to permanent and
enforceable emission reductions
resulting from implementation of the
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applicable SIP, Federal air pollution
control regulations, or other permanent
and enforceable emission reductions; (4)
the Administrator has fully approved a
maintenance plan for the area meeting
the requirements of section 175A of the
CAA; and (5) the state containing the
area has met all requirements applicable
to the area for purposes of redesignation
under section 110 and the requirements
for nonattainment areas under part D of
the CAA.
IV. What is EPA’s analysis of the state’s
request?
The bases for EPA’s actions follow.
A. The Areas Have Attained the 2008
Lead NAAQS (Section 107(d)(3)(E)(i))
In accordance with section 179(c) of
the CAA, 42 U.S.C. 7509(c), EPA is
determining that the Chicago and
Granite City areas have attained the
2008 lead NAAQS. This determination
is based upon complete, qualityassured, and certified ambient air
monitoring data that show the areas
have monitored attainment of the lead
NAAQS.
Under EPA regulations at 40 CFR
50.16, the 2008 primary and secondary
lead standards are met when the
maximum arithmetic 3-month mean
concentration for a 3-year period, as
determined in accordance with 40 CFR
part 50, appendix R, is less than or
equal to 0.15 mg/m3 at all relevant
monitoring sites in the subject area. EPA
refers to this maximum rolling threemonth average over a three-year period
as the ‘‘design value.’’
40 CFR part 58, appendix A outlines
the quality assurance requirements
necessary for providing ‘‘sufficient
information to assess the quality of the
monitoring data.’’ 40 CFR part 58,
appendix D provides network design
criteria requirements which describe
‘‘specific requirements for the number
and location of . . . [monitoring] sites
for specific pollutants . . .’’. Within
appendix D, Section 4.5 states that ‘‘[a]t
a minimum, there must be one sourceoriented SLAMS (State and Local Air
Monitoring Station) site located to
measure the maximum Pb concentration
in ambient air resulting from each nonairport Pb source which emits 0.50 or
more tons per year. . . .
EPA has reviewed the ambient air
monitoring data for the Chicago and
Granite City areas in accordance with
the provisions of 40 CFR part 50,
appendix R, and 40 CFR part 58,
appendix A and appendix D. All data
considered are complete, qualityassured, certified, and recorded in
EPA’s Air Quality System (AQS)
database.
1. Chicago Area Air Quality
As defined at 40 CFR 81.314, the
Chicago area is comprised of the
portions of Cook County that are
bounded by Damen Avenue on the west,
Roosevelt Road on the north, the Dan
Ryan Expressway on the east, and the
Stevenson Expressway on the south.
According to analysis conducted by
Illinois EPA in 2011, the H. Kramer &
Co. (H. Kramer) facility was capable of
causing exceedances of the NAAQS in
the absence of any other sources in the
area.1 As described in Illinois EPA’s
September 22, 2016 submission, after
the 2012 shutdown of the Fisk Electric
Generating Station, H. Kramer became
the only source of lead emissions in the
Chicago area. H. Kramer manufactures
brass and bronze ingots, and a portion
of the facility is devoted to producing
metal alloys that often contain lead as
a minor constituent.
After Illinois EPA identified H.
Kramer as capable of causing
exceedances of the NAAQS in the
Chicago area, Illinois adopted rules that
limit emissions from the H. Kramer
facility, and require additional control
measures. As discussed in detail below,
in this action EPA is approving a
request from Illinois EPA to incorporate
these rules into the Illinois SIP. Since H.
Kramer implemented the controls
required by these rules, monitored
values of lead in the area have been
below the health-based standard.
The Cook County Department of
Environmental Control in conjunction
with Illinois EPA operates two Federal
reference method (FRM) source-oriented
SLAMS monitors at 1241 W 19th Street
in Chicago, Illinois, which are used to
determine whether the Chicago area has
attained the 2008 lead NAAQS. In the
AQS database, this monitoring site is
denoted with site ID 17–031–0110 and
the two monitors are denoted with
parameter occurrence code (POC) #1
and POC #9. In a rulemaking on August
24, 2015 (80 FR 51127), EPA determined
that the Chicago area was attaining the
2008 lead NAAQS, with a design value
of 0.05 mg/m3 for the three-year period
of 2012–2014. EPA is affirming that
determination today with monitoring
data from the most recent three-year
period of 2014–2016 based on data from
the SLAMS monitors identified above.
TABLE 1—2014–2016 THREE-MONTH ROLLING AVERAGES FOR THE 17–031–0110 #1 MONITOR, IN UNITS OF μg/m3
Location
AQS ID
3-month period
1241 W 19th St., Chicago, IL
17–031–0110 #1 ...................
2014
Nov–Jan 2 .............................
Dec–Feb
Jan–Mar
Feb–Apr ................................
Mar–May ...............................
Apr–Jun ................................
May–July ...............................
Jun–Aug ................................
July–Sept ..............................
Aug–Oct ................................
Sept–Nov ..............................
Oct–Dec ................................
2015
0.01
0.01
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.04
0.03
2016
0.03
0.01
0.01
0.02
0.02
0.02
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
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TABLE 2—2014–2016 THREE-MONTH ROLLING AVERAGES FOR THE 17–031–0110 #9 MONITOR, IN UNITS OF μg/m3
Location
AQS ID
3-month period
1241 W 19th St., Chicago, IL
17–031–0110 #9 ...................
Nov–Jan ................................
1 See the technical support document ‘‘Region 5
Final Ionia County, Chicago, Illinois Lead Technical
Support Document (TSD)’’ [sic] attached to EPA’s
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air quality designations published November 22,
2011 (76 FR 72097).
2 In Tables 1 through 4, the three-month rolling
average for the first two periods in 2014, November
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2014
2015
0.01
2016
0.01
0.01
through January and December through February,
includes monitoring data from November and
December of 2013.
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48451
TABLE 2—2014–2016 THREE-MONTH ROLLING AVERAGES FOR THE 17–031–0110 #9 MONITOR, IN UNITS OF μg/m3—
Continued
Location
AQS ID
3-month period
2014
Dec–Feb ...............................
Jan–Mar ................................
Feb–Apr ................................
Mar–May ...............................
Apr–Jun ................................
May–July ...............................
Jun–Aug ................................
July–Sept ..............................
Aug–Oct ................................
Sept–Nov ..............................
Oct–Dec ................................
The data shown in Tables 1 and 2 are
complete, quality-assured, and certified
and show 0.04 mg/m3 as the highest
three-month rolling average, well below
the standard of 0.15 mg/m3. The
September 22, 2016, submittal from
Illinois EPA requested redesignation to
attainment based on data from the threeyear period of 2013–2015, which
showed that the Chicago area was
meeting the 2008 lead NAAQS with a
design value of 0.04 mg/m3. In this
action, EPA is redesignating the Chicago
area based on more recent monitoring
data for the three-year period of 2014–
2016, which also has a design value of
0.04 mg/m3.
EPA’s review of this data indicates
that the Chicago area has attained and
should continue to attain the 2008 lead
NAAQS.
2. Granite City Area Air Quality
As defined at 40 CFR 81.314, the
Granite City area is comprised of the
portions of Madison County that are
bounded by Granite City Township and
Venice Township. According to initial
analysis conducted by Illinois EPA in
2010, the Mayco Industries LLC (Mayco)
facility was one of several sources with
lead emissions in the Granite City
nonattainment area.3 As described in its
September 22, 2016, submission, Illinois
EPA conducted further analysis and
determined that Mayco was the most
significant source of lead emissions in
the Granite City area, and was capable
of causing exceedances of the NAAQS
in the absence of any other sources in
the area. Mayco is a secondary lead
production facility and a fabricator of
several lead-containing products. Mayco
manufactures lead shot for ammunition,
lead-containing products for naval
applications, and lead wool used to
create flexible materials for radiation
protection.
2015
0.01
0.02
0.02
0.02
0.02
0.02
0.02
0.03
0.02
0.02
0.02
2016
0.01
0.01
0.02
0.02
0.02
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
After Illinois EPA identified Mayco as
the primary contributor to the
exceedance of the NAAQS in the
Granite City area, Illinois adopted rules
that limit emissions from the Mayco
facility, and require additional control
measures. As discussed in detail below,
in this action EPA is approving a
request from Illinois EPA to incorporate
these rules into the Illinois SIP. Since
Mayco implemented the controls
required by these rules, monitored
values of lead in the area have been
below the health-based standard.
Illinois EPA operates two FRM
source-oriented SLAMS monitors at
15th Street and Madison Avenue in
Granite City, Illinois, which are used to
determine whether the Granite City area
has attained the 2008 lead NAAQS. In
the AQS database, this monitoring site
is denoted with site ID 17–119–0010
and the two monitors are denoted with
POC #1 and POC #9.
TABLE 3—2014–2016 THREE-MONTH ROLLING AVERAGES FOR THE 17–119–0010 #1 MONITOR, IN UNITS OF μg/m3
Location
3-month period
17–119–0010 #1 ...................
Nov–Jan ................................
0.04
0.02
0.01
Dec–Feb ...............................
Jan–Mar ................................
Feb–Apr ................................
Mar–May ...............................
Apr–Jun ................................
May–July ...............................
Jun–Aug ................................
July–Sept ..............................
Aug–Oct ................................
Sept–Nov ..............................
Oct–Dec ................................
15th St. and Madison Ave.,
Granite City, IL.
AQS ID
2014
2015
2016
0.04
0.03
0.01
0.02
0.01
0.01
0.01
0.01
0.01
0.02
0.01
0.02
0.02
0.01
0.02
0.02
0.01
0.01
0.01
0.02
0.02
0.01
0.01
0.01
0.02
0.02
0.02
0.02
0.01
0.01
0.01
0.02
0.02
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TABLE 4—2014–2016 THREE-MONTH ROLLING AVERAGES FOR THE 17–119–0010 #9 MONITOR, IN UNITS OF μg/m3
Location
15th St. and Madison Ave.,
Granite City, IL.
AQS ID
3-month period
17–119–0010 #9 ...................
Nov–Jan ................................
3 See the technical support document ‘‘Region 5—
Final Granite City, Illinois Technical Support
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Document For 1st Round of Lead Designations’’
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2014
2015
0.04
2016
0.01
0.01
attached to EPA’s air quality designations published
November 22, 2010 (75 FR 71033).
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TABLE 4—2014–2016 THREE-MONTH ROLLING AVERAGES FOR THE 17–119–0010 #9 MONITOR, IN UNITS OF μg/m3—
Continued
Location
AQS ID
3-month period
2014
Dec–Feb ...............................
Jan–Mar ................................
Feb–Apr ................................
Mar–May ...............................
Apr–Jun ................................
May–July ...............................
Jun–Aug ................................
July–Sept ..............................
Aug–Oct ................................
Sept–Nov ..............................
Oct–Dec ................................
The data shown in Tables 3 and 4 are
complete, quality-assured, and certified
and show 0.04 mg/m3 as the highest
three-month rolling average, well below
the standard of 0.15 mg/m3. The
September 22, 2016, submittal from
Illinois EPA requested redesignation to
attainment based on data for the threeyear period of 2013–2015, which
showed that the Granite City area was
meeting the 2008 lead NAAQS with a
design value of 0.06 mg/m3. In this
action, EPA is redesignating the Granite
City area based on the more recent
monitoring data for the three-year
period of 2014–2016, which has a lower
design value of 0.04 mg/m3.
EPA’s review of this data indicates
that the Granite City area has attained
and should continue to attain the 2008
lead NAAQS.
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B. EPA Has Fully Approved the
Applicable SIP for the Areas Under
Section 110(k) and the Areas Have Met
All Applicable Requirements Under
Section 110 and Part D (Section
107(d)(3)(E)(ii) and (v))
With the exception of the emissions
inventory requirement under section
172(c)(3), EPA has approved all
applicable requirements of the Illinois
SIP for the areas under Section 110(k)
(EPA action on plan submissions), in
accordance with section 107(d)(3)(E)(ii).
As discussed below, EPA is approving
Illinois’ 2012 emissions inventory as
meeting the section 172(c)(3)
comprehensive emissions inventory
requirement as part of this action.
Additionally, the Illinois SIP meets all
currently applicable SIP requirements
for purposes of redesignation of the
Chicago and Granite City areas under
section 110 of the CAA (general SIP
requirements), and Illinois’ submittal
meets all SIP requirements applicable
under part D of the CAA (plan
requirements for nonattainment areas in
general), in accordance with section
107(d)(3)(E)(v).
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1. Illinois Has Met All Applicable
Requirements for Purposes of
Redesignation of the Chicago and
Granite City Areas Under Section 110
and Part D of the CAA
a. Section 110
Requirements
General SIP
Section 110(a) of title I of the CAA
contains the general requirements for a
SIP. Section 110(a)(2) provides that the
implementation plan submitted by a
state must have been adopted by the
state after reasonable public notice and
hearing, and, among other things, must:
Include enforceable emission
limitations and other control measures,
means or techniques necessary to meet
the requirements of the CAA; provide
for establishment and operation of
appropriate devices, methods, systems,
and procedures necessary to monitor
ambient air quality; provide for
implementation of a source permit
program to regulate the modification
and construction of any stationary
source within the areas covered by the
plan; include provisions for the
implementation of part C, Prevention of
Significant Deterioration (PSD) and part
D, New Source Review (NSR) permit
programs; include criteria for stationary
source emission control measures,
monitoring, and reporting; include
provisions for air quality modeling; and
provide for public and local agency
participation in planning and emission
control rule development. EPA has
historically referred to SIP submissions
made for the purpose of satisfying the
requirements of CAA section 110(a)(2)
as ‘‘infrastructure SIP’’ submissions.
Additionally, section 110(a)(2)(D) of
the CAA requires that SIPs contain
measures to prevent sources in a state
from significantly contributing to air
quality problems in another state. EPA
has historically referred to SIP
submissions made for the purpose of
satisfying the requirements of CAA
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0.03
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0.02
0.01
0.01
0.01
0.01
0.01
0.02
0.01
2016
0.01
0.02
0.02
0.02
0.02
0.02
0.01
0.01
0.02
0.02
0.02
0.01
0.01
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0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.02
section 110(a)(2)(D) as ‘‘transport SIP’’
submissions.
EPA interprets the ‘‘applicable’’
requirements for an area’s designation to
be those requirements linked with a
particular area’s nonattainment
designation. Therefore, the section 110
elements described above that are not
connected with nonattainment plan
submissions and not linked with an
area’s attainment status, such as the
infrastructure SIP elements of section
110(a)(2) and transport SIP submittal
requirements under section 110(a)(2)(D),
are not applicable requirements for
purposes of redesignation. This is
because a state remains subject to these
requirements after an area is
redesignated to attainment, and
therefore these requirements are not
relevant in evaluating a redesignation
request.
EPA has applied this interpretation
consistently in many redesignations for
decades. See 81 FR 44210 (July 7, 2016)
(final redesignation for the Sullivan
County, Tennessee area); 79 FR 43655
(July 28, 2014) (final redesignation for
Bellefontaine, Ohio lead nonattainment
area); 61 FR 53174–53176 (October 10,
1996) and 62 FR 24826 (May 7, 1997)
(proposed and final redesignation for
Reading, Pennsylvania ozone
nonattainment area); 61 FR 20458 (May
7, 1996) (final redesignation for
Cleveland-Akron-Lorain, Ohio ozone
nonattainment area); and 60 FR 62748
(December 7, 1995) (final redesignation
of Tampa, Florida ozone nonattainment
area). See also 65 FR 37879, 37890 (June
19, 2000) (discussing this issue in final
redesignation of Cincinnati, Ohio 1-hour
ozone nonattainment area); 66 FR 53094
(October 19, 2001) (final redesignation
of Pittsburgh, Pennsylvania 1-hour
ozone nonattainment area).
We have reviewed the Illinois SIP and
determined that it meets the general SIP
requirements under section 110 of the
CAA to the extent those requirements
are applicable for purposes of
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redesignation. EPA has previously
approved provisions of Illinois’ SIP
addressing section 110 requirements
(including provisions addressing lead)
at 40 CFR 52.745.
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b. Part D Requirements
Upon approval of Illinois’ 2012
emissions inventory for each area, the
Illinois SIP will meet the nonattainment
area requirements for the Chicago and
Granite City areas for purposes of
redesignation under part D of the CAA,
including the requirements under
sections 172 and 176, which are
discussed further below.
(i) Section 172 Nonattainment Plan
Requirements
For purposes of evaluating this
redesignation request, the applicable
SIP requirements of section 172 are
contained in sections 172(c)(1) through
(9), which address requirements for
nonattainment areas. A thorough
discussion of the requirements
contained in section 172 can be found
in the General Preamble for
Implementation of Title I (57 FR 13498,
April 16, 1992).
Section 172(c)(1) requires
nonattainment plans to provide for the
implementation of all reasonably
available control measures (RACM) as
expeditiously as practicable and to
provide for attainment of the primary
NAAQS. EPA interprets this
requirement to impose a duty on all
states to consider all available control
measures for all nonattainment areas
and to adopt and implement such
measures as are reasonably available for
implementation in each area as
components of the area’s attainment
demonstration. Because the Chicago and
Granite City areas have attained the
2008 lead NAAQS, Illinois does not
need to address additional measures to
provide for attainment, and the
requirements under section 172(c)(1) are
no longer considered to be applicable so
long as the area continues to attain the
standard until redesignation. (40 CFR
51.918).
Section 172(c)(2) provides that
nonattainment plans must require
reasonable further progress (RFP),
which is defined as progress that must
be made toward attainment. This
requirement is not relevant for purposes
of the Chicago and Granite City
redesignations because the areas have
monitored attainment of the 2008 lead
NAAQS. (General Preamble, 57 FR
13564). See also 40 CFR 51.918. The
requirement to submit contingency
measures under section 172(c)(9) is
similarly not applicable for purposes of
redesignation. Id.
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Section 172(c)(3) requires submission
and approval of a comprehensive,
accurate and current inventory of actual
emissions. In their redesignation
request, Illinois submitted inventories of
actual lead emissions in 2012 for each
source in the Chicago and Granite City
areas that may have contributed to an
exceedance of the NAAQS. At 40 CFR
51.117, EPA provides a threshold at
which lead emissions must be included
in an inventory; as shown in Illinois’
submittal, no other source in either area
emits at or above the threshold level of
0.5 or more tons of lead per year. EPA
is approving the 2012 inventories,
summarized in Table 5 below, as
meeting the section 172(c)(3) emissions
inventory requirement for the Chicago
and Granite City areas.
TABLE 5—ACTUAL EMISSIONS INVENTORIES FOR THE CHICAGO AND
GRANITE CITY AREAS IN 2012
Lead
emissions
(lbs/year)
48453
by the State, which is not applicable to
this action.
(ii) Section 176 Conformity
Requirements
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that Federallysupported or funded activities,
including highway and transit projects,
conform to the air quality planning
goals in the applicable SIPs. The
requirement to determine conformity
applies to transportation plans,
programs and projects developed,
funded or approved under title 23 of the
U.S. Code and the Federal Transit Act
(transportation conformity) as well as to
all other Federally-supported or funded
projects (general conformity). In light of
the elimination of lead additives in
gasoline, transportation conformity does
not apply to the lead NAAQS. See 73 FR
66964, 67043 n.120. In addition, EPA
approved Illinois’ general conformity
SIP on December 23, 1997 (62 FR 6700).
2. Illinois Has a Fully Approved
Applicable SIP Under Section 110(k) of
the CAA
H. Kramer facility in Chicago
area ...................................
200
Upon final approval of Illinois’
Mayco facility in Granite City
comprehensive 2012 emissions
area ...................................
903
inventories, EPA will have fully
approved the Illinois SIP for the Chicago
Section 172(c)(4) requires
and Granite City areas under section
nonattainment plans to identify and
110(k) of the CAA for all requirements
quantify allowable emissions for major
applicable to the attainment status of
new and modified stationary sources in
the areas. EPA may rely on prior SIP
an area, and section 172(c)(5) requires
approvals in approving a redesignation
source permits for the construction and
request (See page 3 of the September 4,
operation of new and modified major
1992, Processing Requests to
stationary sources anywhere in the
Redesignate Areas to Attainment: Policy
nonattainment area. EPA approved
Memorandum 4 (Calcagni
Illinois’ current NSR program as
memorandum)); Southwestern
meeting the requirements of section
Pennsylvania Growth Alliance v.
172(c)(4) and 172(c)(5) on May 13, 2003 Browner, 144 F.3d 984, 989–990 (6th
(68 FR 25504).
Cir. 1998); Wall v. EPA, 265 F.3d 426
Section 172(c)(6) requires
(6th Cir. 2001)) plus any additional
nonattainment plans to include
measures EPA may approve in
enforceable emission limitations, and
conjunction with a redesignation action.
such other control measures, means or
See 68 FR 25413, 25426 (May 12, 2003).
techniques as may be necessary or
Since the passage of the CAA of 1970,
appropriate to provide for attainment of Illinois has adopted and submitted, and
the standard. Because the areas have
EPA has fully approved, provisions
reached attainment has been reached,
addressing various required SIP
no additional measures are needed to
elements under lead standards.
provide for attainment.
Under section 172, states with
nonattainment areas must submit plans
Section 172(c)(7) requires
providing for timely attainment and
nonattainment plans to meet the
meeting a variety of other requirements.
applicable provisions of section
EPA made a final determination of
110(a)(2). As discussed above, the
attainment for the Chicago area (also
Illinois SIP meets the applicable
known as a clean data determination) on
provisions of section 110(a)(2) for
August 24, 2015 (80 FR 51127).
purposes of redesignation.
Pursuant to 40 CFR 51.1004(c), EPA’s
Section 172(c)(8) allows for
equivalent modeling, emission
4 https://www.epa.gov/ozone-pollution/
inventory, and planning procedures in
procedures-processing-requests-redesignate-areascertain circumstances upon application
attainment.
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determination that the area has attained
the 2008 lead standard suspended the
requirement to submit certain planning
SIPs related to attainment, including
attainment demonstration requirements,
the RACM requirements of 172(c)(3), the
RFP and attainment demonstration
requirements of sections 172(c)(2) and
(6) and 182(b)(1) of the CAA, and the
requirement for contingency measures
under section 172(c)(9) of the CAA. As
discussed above, since EPA’s final
determination of attainment in 2015, the
Chicago area has continued to attain the
standard and should remain in
attainment. Because in today’s
rulemaking we are determining that the
Granite City area has also attained the
standard, EPA is suspending those same
requirements under section 172 and
182(b)(1) of the CAA for the Granite City
area.
As a result, the only remaining
requirement under section 172 to be
evaluated is the emissions inventory
required under section 172(c)(3). In this
action, EPA is approving Illinois’ 2012
emissions inventories for the Chicago
and Granite City areas as meeting the
requirement of section 172(c)(3) of the
CAA. No Chicago area or Granite City
area SIP provisions regarding lead under
Section 172 of the CAA are currently
disapproved, conditionally approved, or
partially approved.
C. The Improvement in Air Quality Is
Due to Permanent and Enforceable
Reductions in Emissions Resulting From
Implementation of the SIP and
Applicable Federal Air Pollution
Control Regulations and Other
Permanent and Enforceable Reductions
(Section 107(d)(3)(E)(iii))
As part of this action, EPA is
approving Illinois EPA’s request to
modify the Illinois SIP to include the
requirements at 35 Ill. Adm. Code Part
226. As discussed below, the rules at 35
Ill. Adm. Code Part 226 place new
control requirements and emission
limits on lead sources in the Chicago
and Granite City areas, and are more
stringent than the previous SIPapproved rules. Inclusion of these rules
into the SIP means that these
requirements are permanent and
enforceable.
In developing the proposed SIP
revisions, Illinois EPA assessed the
practices and processes at the H. Kramer
and Mayco facilities that contributed to
exceedances of the NAAQS in the
Chicago area and Granite City area,
respectively. Illinois determined that
emissions from the stacks at each
facility were not appropriately limited,
and that certain parts of the Mayco
manufacturing process were not
controlled at all. Illinois also
determined that fugitive emissions from
each facility were a significant factor in
the exceedances of the NAAQS, and
were caused by a lack of proper
enclosure under negative pressure, as
well as insufficient housekeeping and
cleaning procedures. Illinois structured
its new rule to address the specific
deficiencies at the H. Kramer and Mayco
facilities that contributed to the
exceedances of the lead NAAQS.
35 Ill. Adm. Code Part 226, titled
‘‘Standards and Limitations for Certain
Sources of Lead’’, which became
effective at the state level on April 21,
2014, applies to nonferrous metal
production facilities in the Chicago and
Granite City areas. In practice, the rule
applies to the H. Kramer and Mayco
facilities, which are the only two
nonferrous metal production facilities in
the areas. The rule provides lead
emission standards and requires specific
emission controls based on the
equipment and manufacturing processes
that are used at each facility; requires
affected sources to operate under
specified state or federal permitting
programs; requires that owners or
operators of lead emission units install,
maintain, and operate monitoring
equipment; sets requirements for
recording and submitting monitoring
data; requires that subject owners or
operators operate pressure differential
and leak detection systems at all times;
requires total enclosure of specified lead
emission units when the unit is
operating or housekeeping activities are
being performed; provides options for
measurement of all natural draft
openings and the total surface area of
the total enclosure; requires inward flow
of air through all natural draft openings;
requires monthly inspections; requires
the owner or operator of a lead emission
unit to operate a fugitive dust operating
program, and specifies areas, activities,
and events subject to this program;
provides specific emissions testing
requirements; includes specific
recordkeeping and reporting
requirements, including a requirement
to submit semiannual reports to Illinois
EPA; and states that records must be
maintained for at least five years.
In its September 22, 2016,
submission, Illinois EPA showed that
the implementation of the requirements
of 35 Ill. Adm. Code Part 226 has
resulted in a substantial decrease in
emissions from the H. Kramer and
Mayco facilities. As part of its analysis
of these areas, Illinois EPA determined
emissions prior to the April 21, 2014,
effective date of 35 Ill. Adm. Code Part
226 at each facility based on stack
testing. For 2012, the H. Kramer facility
reported 200 lbs of emissions, and the
Mayco facility reported 903 lbs of
emissions. Illinois then conducted
modeling to calculate allowable
emissions from each facility under 35
Ill. Adm. Code Part 226 for 2014 and
future years. Illinois determined that H.
Kramer should emit no more than
99.9889 lbs/year, and Mayco should
emit no more than 418.2620 lbs/year.
This modeling is discussed in detail
below. As shown in Table 6, Illinois’
modeling shows that the emissions
reductions correlate with a decrease in
monitored ambient lead levels.
TABLE 6—EMISSIONS REDUCTIONS AND IMPROVEMENTS IN AIR QUALITY FOR THE
NONATTAINMENT AND ATTAINMENT PERIODS
2012 Actual
lead emissions
(lbs/year)
Nonattainment
design value
(μg/m3) 5
2014
Allowable lead
emissions
(lbs/year)
200
903
0.24
0.28
99.9889
418.2620
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H. Kramer facility in Chicago area ...................................................................
Mayco facility in Granite City area ...................................................................
Based on the information provided in
its submission, Illinois has
5 The
Chicago area was designated nonattainment
using the design value for the 2008–2010 period,
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demonstrated that the observed air
and the Granite City area was designated
nonattainment using the design value for the 2007–
2009 period.
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2014–2016
Attainment
design value
(μg/m3)
0.04
0.04
quality improvements in the Chicago
and Granite City areas are due to the
requirements at 35 Ill. Adm. Code Part
226. Relative to emissions in 2012,
Illinois’ analysis shows that these
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requirements result in emission
reductions of at least 50% from both H.
Kramer in the Chicago area and Mayco
in the Granite City area. Furthermore,
Illinois believes these emission
reduction estimates are conservative
because the reductions were calculated
based on allowable emissions under the
rule, and actual emissions are likely to
be lower.6
D. Illinois Has a Fully Approved
Maintenance Plan Pursuant to Section
175A of the CAA (Section
107(d)(3)(E)(iv))
In conjunction with Illinois’ request
to redesignate the Chicago and Granite
City nonattainment areas to attainment
status, Illinois has submitted, as a SIP
revision, a plan to provide for
maintenance of the 2008 lead NAAQS
in the areas through 2030. EPA has
reviewed the maintenance plan and
finds that it meets the requirements of
section 175A of the CAA as explained
further below.
Section 175A of the CAA sets forth
the required elements of a maintenance
plan for areas seeking redesignation
from nonattainment to attainment.
Under section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least ten
years after EPA approves a
redesignation to attainment. Eight years
after redesignation, the state must
submit a revised maintenance plan
which demonstrates that attainment will
continue to be maintained for ten years
following the initial ten-year
maintenance period. To address the
possibility of future NAAQS violations,
the maintenance plan must contain
contingency measures with a schedule
for implementation as EPA deems
necessary to assure prompt correction of
any future NAAQS violations.
EPA’s September 4, 1992, Calcagni
memorandum provides additional
guidance on the content of a
maintenance plan. The memorandum
states that a maintenance plan should
address the following items: The
attainment emissions inventory, a
maintenance demonstration showing
maintenance for the ten years of the
maintenance period, a commitment to
maintain the existing monitoring
network, factors and procedures to be
used for verification of continued
attainment of the NAAQS, and a
contingency plan to prevent or correct
future violations of the NAAQS.
Section 175A requires a state seeking
redesignation to attainment to submit a
6 For a source’s actual emissions to be equivalent
to its allowable emissions, the source would need
to operate every emission unit at maximum
capacity continuously throughout the year.
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SIP revision to provide for the
maintenance of the NAAQS in the area
‘‘for at least 10 years after the
redesignation.’’ EPA has interpreted this
as a showing of maintenance ‘‘for a
period of ten years following
redesignation.’’ Calcagni memorandum
at 9. Where the modeling method of
showing maintenance is used, a state
must show that ‘‘the future mix of
sources and emission rates will not
cause a violation of the NAAQS.’’ Id.
Modeling should ‘‘contain a summary of
the air quality concentrations expected
to result from application of the control
strategy’’ and ‘‘identify and describe the
dispersion model or other air quality
model used to project ambient
concentrations.’’ Id.
48455
As clarified by Illinois EPA on
February 16, 2017, the Illinois
maintenance plan demonstrates how the
projected level of emissions from
affected sources is sufficient to
permanently maintain the lead NAAQS.
The maintenance plan relies on a
January 9, 2014, submission of
emissions inventories and modeling
data, as well as a June 17, 2014,
submission requesting that EPA add 35
Ill. Adm. Code Part 226 into the Illinois
SIP. Illinois EPA modeling shows that
these rules, once approved as part of the
SIP, should permanently limit
emissions to a level at which the 2008
lead NAAQS is maintained for ten years
and beyond in the Chicago and Granite
City areas.
1. Attainment Inventory
Illinois EPA conducted this modeling
for both areas using EPA’s dispersion
Illinois developed emissions
model, AERMOD, as required at 40 CFR
inventories for lead for 2014, one of the
part 51, appendix W. Model output was
years in the period during which the
processed using EPA’s LEADPOST
Chicago and Granite City areas
software. In undertaking this modeling,
monitored attainment of the 2008 lead
Illinois followed relevant EPA guidance,
standard. Illinois EPA calculated this
and appropriately considered
inventory for the H. Kramer and Mayco
meteorology, terrain, and stack height.
facilities based on allowable emissions
considering the emission limits and
Based on monitoring data and
control requirements under 35 Ill. Adm. estimated emissions from nearby
Code Part 226, and requested that the
sources, the modeling assumes a
resulting emissions totals be used to
background lead concentration of 0.02
satisfy the maintenance plan
mg/m3 for both the Chicago and Granite
requirements of section 175A. This
City areas. This assumption is
approach is consistent with the
conservative because the most recent
modeling that Illinois conducted to
monitoring data for the Chicago and
show that future emissions of lead will
Granite City areas show total ambient
not cause a violation of the NAAQS.
lead concentrations near this value. The
These allowable emissions levels for
modeling then applies the new rules at
the 2014 attainment year, summarized
35 Ill. Adm. Code Part 226 to the
in Table 7 below, satisfy the pertinent
affected sources in each area, and
maintenance plan requirements of
calculates maximum allowable
section 175A.
emissions from these sources. Adding
the background concentration to the
TABLE 7—ALLOWABLE EMISSIONS IN- maximum allowable emissions, Illinois
VENTORIES FOR THE CHICAGO AND EPA’s modeling shows that the
GRANITE CITY AREAS IN THE 2014 maximum three-month rolling average
ATTAINMENT YEAR
of lead is 0.128253 mg/m3 for the
Chicago area and 0.128333 mg/m3 for the
Lead
Granite City area, which are within the
missions
2008 lead NAAQS standard of 0.15 mg/
(lbs/year)
m3. Because this would be the
maximum level of lead emissions
H. Kramer facility in Chicago
area ...................................
99.9889 allowed under permanent and
Mayco facility in Granite City
enforceable SIP-approved rules, Illinois
area ...................................
418.2620 EPA has shown an ability to maintain
the NAAQS for ten years and beyond.
2. Demonstration of Maintenance
3. Monitoring Network
Illinois’ plan demonstrates
Illinois currently operates lead
maintenance of the 2008 lead standard
monitors in the Chicago and Granite
through 2030 by showing modeled
attainment of the standard for projected City area. Illinois’ maintenance plan
includes a commitment to continue to
future emissions, even at the highest
operate its EPA-approved monitoring
levels of emissions allowed by the new
rules at 35 Ill. Adm. Code Part 226,
network as necessary to demonstrate
which are discussed in detail above.
ongoing compliance with the NAAQS.
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4. Verification of Continued Attainment
Illinois remains obligated to continue
to quality-assure monitoring data and
enter all data into AQS in accordance
with Federal guidelines. Illinois has
committed to using these data,
supplemented with additional
information as necessary, to assure that
the area continues to attain the
standard. Illinois will also continue to
develop and submit periodic emission
inventories as required by the Federal
Consolidated Emissions Reporting Rule
(67 FR 39602, June 10, 2002) to track
future levels of emissions. Both of these
actions will help to verify continued
attainment in accordance with 40 CFR
part 58.
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5. Contingency Plan
The contingency plan provisions are
designed to promptly correct or prevent
a violation of the NAAQS that might
occur after redesignation of an area to
attainment. Section 175A of the CAA
requires that a maintenance plan
include such contingency measures as
EPA deems necessary to assure that the
state will promptly correct a violation of
the NAAQS that occurs after
redesignation. The maintenance plan
should identify the contingency
measures to be adopted, a schedule and
procedure for adoption and
implementation of the contingency
measures, and a time limit for action by
the state. The state should also identify
specific indicators to be used to
determine when the contingency
measures need to be adopted and
implemented. The maintenance plan
must include a requirement that the
state will implement all pollution
control measures that were contained in
the SIP before redesignation of the area
to attainment. See section 175A(d) of
the CAA.
Illinois’ contingency plan is triggered
when there is a violation of the lead
NAAQS occurring after redesignation to
attainment. Within six months of
certification of monitoring data showing
an exceedance of the NAAQS, Illinois
will complete a comprehensive study to
determine the cause or causes of the
violation, and the control measure or
measures necessary to mitigate the
problem. This study will consider the
number, location, and severity of the
violations; the weather patterns
contributing to high concentrations of
lead; contributing emissions sources;
emissions trends, including timeliness
of implementation of scheduled control
measures; current and recentlyidentified control technologies; and air
quality contributions from outside the
maintenance area.
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If the study shows that additional
controls of sources within the area is
appropriate, the Illinois contingency
plan is to incrementally lower emission
limits and implement associated
measures at the unit or units that are
shown to be the cause or causes of the
NAAQS violation. The selection of
measures will be based upon several
factors, including emissions reduction
potential, timing of implementation,
and social considerations. Illinois EPA
will solicit input from interested and
affected parties prior to selecting the
appropriate measures. The process will
include publication for notices, an
opportunity for public hearing, and
other actions required by Illinois law.
Illinois’ contingency measures, as
well as the commitment to implement
SIP requirements as necessary, satisfy
the pertinent requirements of section
175A(d).
As required by section 175A(b) of the
CAA, Illinois committed to submit to
EPA an updated lead maintenance plan
eight years after redesignation of the
Chicago and Granite City areas to cover
an additional ten-year period beyond
the initial ten-year maintenance period.
For the reasons set forth above, EPA
is approving, as a SIP revision, Illinois’
2008 lead NAAQS maintenance plan for
the Chicago and Granite City areas
because the plan meets the requirements
of CAA section 175A.
V. What are the effects of EPA’s
actions?
Approval of this redesignation request
changes the official designation of the
Chicago, Illinois and Granite City,
Illinois areas for the 2008 lead NAAQS,
found at 40 CFR part 81, from
nonattainment to attainment. This
action also approves, as revisions to the
Illinois SIP, the rules at 35 Ill. Adm.
Code Part 226, the maintenance plan for
the 2008 lead standard in the Chicago
and Granite City areas, and Illinois’
2012 emissions inventories for the
Chicago and Granite City areas pursuant
to section 172(c)(3) of the CAA.
As discussed above, section 172(c)(3)
of the CAA requires areas to submit a
comprehensive emissions inventory
including all lead sources in the
nonattainment area. EPA is approving
the Illinois 2012 emissions inventories
outlined in Table 5 for the Chicago and
Granite City areas as fulfilling this
requirement.
In its September 22, 2016,
submission, Illinois EPA requested that
EPA approve 35 Ill. Adm. Code Part 226
as a revision to the Illinois SIP as
control measures to maintain attainment
in the Chicago and Granite City areas.
As discussed above, these rules control
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emissions from lead sources,
specifically at the H. Kramer and Mayco
facilities, and inclusion of these rules
into the SIP makes these measures
permanent and enforceable. In today’s
action, EPA is approving Illinois’
request to modify the SIP to include
these rules.
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.
VI. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Illinois Regulations
described in the amendments to 40 CFR
part 52 set forth below. EPA has made,
and will continue to make, these
documents generally available through
www.regulations.gov, and/or at the EPA
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
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Director of the Federal Register in the
next update to the SIP compilation
VII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, 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
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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 as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because
redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of ozone national ambient air quality
standards in tribal lands.
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
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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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Reporting and recordkeeping
requirements.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: September 28, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR parts 52 and 81 are amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.720 the tables in paragraph
(c) and (e) are amended:
■ i. In paragraph (c) under the
subheading ‘‘Subchapter c: Emission
Standards and Limitations for
Stationary Sources’’ by adding entries in
numerical order under a new
subheading ‘‘Part 226: Standards And
Limitations For Certain Sources Of
Lead’’;
■ ii. in paragraph (e) under the
subheading ‘‘Attainment and
Maintenance Plans’’ by adding new
entries in alphabetical order for ‘‘Lead
(2008) attainment and maintenance
plan’’ and ‘‘Lead (2008)—Clean Data
Determination’’; and
■ iii. in paragraph (e) under the
subheading ‘‘Emission Inventories’’ by
adding a new entry in alphabetical order
for ‘‘Emission inventory -2012 (2008
Lead)’’.
The additions read as follows:
■
§ 52.720
*
Identification of plan.
*
*
(c) * * *
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EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES
Illinois citation
State
effective
date
Title/subject
*
*
*
EPA approval date
*
*
Comments
*
*
*
*
*
*
Subchapter C: Emission Standards and Limitations for Stationary Sources
*
*
*
*
*
Part 226: Standards and Limitations for Certain Sources of Lead
226.100 ...........................................
Severability ...........................
4/21/2014
226.105 ...........................................
Scope and Organization .......
4/21/2014
226.110 ...........................................
Abbreviations and Acronyms
4/21/2014
226.115 ...........................................
Definitions .............................
4/21/2014
226.120 ...........................................
Incorporations by Reference
4/21/2014
226.125 ...........................................
Applicability ...........................
4/21/2014
226.130 ...........................................
Compliance Date ..................
4/21/2014
226.140 ...........................................
Lead Emission Standards ....
4/21/2014
226.150 ...........................................
Operational Monitoring for
Control Device.
Total Enclosure ....................
4/21/2014
226.155 ...........................................
226.160 ...........................................
226.165 ...........................................
226.170 ...........................................
226.175 ...........................................
226.185 ...........................................
*
*
*
Operational Measurement for
Total Enclosure.
Inspection .............................
*
4/21/2014
4/21/2014
Lead Fugitive Dust Operating Program.
Emissions Testing ................
4/21/2014
4/21/2014
Recordkeeping and Reporting.
*
*
4/21/2014
4/21/2014
*
*
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Register citation].
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Register citation].
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Register citation].
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Register citation].
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Register citation].
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Register citation].
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Register citation].
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Register citation].
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Register citation].
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Register citation].
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Register citation].
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Register citation].
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Register citation].
10/18/2017, [Insert Federal
Register citation].
10/18/2017, [Insert Federal
Register citation].
*
*
(e) * * *
EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable
geographic or
nonattainment area
Name of SIP provision
*
*
State
submittal
date
*
EPA approval date
*
*
Comments
*
*
*
*
*
*
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Attainment and Maintenance Plans
*
Lead (2008) attainment and
maintenance plan.
*
*
*
Lead (2008)—Clean Data Determination.
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areas.
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9/22/2016
*
*
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Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations
EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS—Continued
Applicable
geographic or
nonattainment area
Name of SIP provision
*
*
State
submittal
date
*
EPA approval date
*
Comments
*
*
*
*
*
*
*
Emission Inventories
*
Emission inventory—2012
(2008 Lead).
*
*
*
Chicago and Granite City
areas.
*
*
9/22/2016
*
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
*
10/18/2017, [Insert Federal
Register citation].
*
*
Authority: 42 U.S.C. 7401 et seq.
§ 81.314
4. Section 81.314 is amended by
revising the table entitled ‘‘Illinois—
2008 Lead NAAQS’’ to read as follows:
■
*
Illinois.
*
*
*
*
ILLINOIS—2008 LEAD NAAQS
Designation for the 2008 NAAQS a
Designated area
Date 1
Chicago, IL:
Cook County (part) ......................................................................................................................
Area bounded by Damen Ave. on the west, Roosevelt Rd. on the north, the Dan Ryan
Expressway on the east, and the Stevenson Expressway on the south.
Granite City, IL:
Madison County (part) .................................................................................................................
Area is bounded by Granite City Township and Venice Township.
Rest of State ........................................................................................................................
a Includes
Type
10/18/2017
Attainment.
10/18/2017
Attainment.
........................
Unclassifiable/Attainment.
Indian Country located in each county or area, except as otherwise specified.
31, 2011, unless otherwise noted.
1 December
corrects the amendatory instructions
and the final regulations.
[FR Doc. 2017–22512 Filed 10–17–17; 8:45 am]
BILLING CODE 6560–50–P
DATES:
FOR FURTHER INFORMATION CONTACT:
FEDERAL COMMUNICATIONS
COMMISSION
[ET Docket No. 15–99; FCC 17–33]
Federal Communications
Commission.
ACTION: Correcting amendments.
AGENCY:
On June 14, 2017, the Federal
Communications Commission
published final rules in the Report and
Order, FCC 17–33 that amended the
Commission rules. Due to inaccurate
amendatory instructions, the effective
date of the amendments to §§ 2.106,
80.203(p) and 80.357(b)(1) was not
correctly specified in the final
regulations, and the revisions to
§ 90.103(b) could not be incorporated in
the final regulations. This document
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A
summary of the Commission’s Report
and Order, ET Docket No. 15–99, FCC
17–33, adopted March 27, 2017, and
released March 29, 2017, was published
in the Federal Register on June 14, 2017
(82 FR 27178). This document specifies
an applicability date of July 14, 2017 for
the amendments to 47 CFR 2.106 NG8,
80.203(p), and 80.357(b)(1) in FCC 17–
33, and corrects the amendatory
instructions so the revisions to 47 CFR
90.103(b) in FCC 17–33 can be
incorporated in the final regulations.
SUPPLEMENTARY INFORMATION:
WRC–12 Implementation Report and
Order; Corrections
VerDate Sep<11>2014
Tom
Mooring, Office of Engineering and
Technology, (202) 418–2450,
Tom.Mooring@fcc.gov.
47 CFR Parts 2, 80, and 90
SUMMARY:
Effective October 18, 2017.
List of Subjects
47 CFR Part 2
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Radio, Telecommunications.
Frm 00071
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47 CFR Parts 80 and 90
Radio, Reporting and recordkeeping
requirements.
Accordingly, 47 CFR parts 2, 80, and
90 are corrected by making the
following correcting amendments:
PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
1. The authority citation for part 2
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, and
336, unless otherwise noted.
2. In § 2.106, revise footnote NG8 in
the list of Non-Federal Government
(NG) Footnotes to read as follows:
■
Non-Federal Government (NG) Footnotes
*
*
*
*
*
NG8 In the band 472–479 kHz, non-Federal
stations in the maritime mobile service that
were licensed or applied for prior to July 14,
2017 may continue to operate on a primary
basis, subject to periodic license renewals.
*
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]]>Agencies
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48448-48459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22512]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2016-0593; FRL-9969-69-Region 5]
Air Plan Approval; Illinois; Redesignation of the Chicago and
Granite City Areas to Attainment of the 2008 Lead Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
Illinois Environmental Protection Agency's (Illinois EPA's) request to
redesignate the Chicago and Granite City nonattainment areas (hereafter
also referred to as the ``areas'') to attainment for the 2008 national
ambient air quality standards (NAAQS or standards) for lead, also
identified as Pb. EPA is also approving, as revisions to the Illinois
state implementation plan (SIP): The state's plan for maintaining the
2008 lead NAAQS in the areas for a period of ten years following these
redesignations;
[[Page 48449]]
the emissions inventories for the areas; and rules applying emission
limits and other control requirements to lead sources in the areas. EPA
is taking these actions in accordance with applicable regulations and
guidance that address implementation of the 2008 lead NAAQS.
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-2016-0593 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 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: Eric Svingen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-4489,
svingen.eric@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 actions is EPA taking?
II. What is the background for these actions?
III. What are the criteria for redesignation to attainment?
IV. What is EPA's analysis of the state's request?
V. What are the effects of EPA's actions?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What actions is EPA taking?
EPA is approving Illinois' request to redesignate the Chicago and
Granite City areas from nonattainment to attainment for the 2008 lead
NAAQS under section 107(d)(3)(E) of the Clean Air Act (CAA) and taking
several related actions. These actions include approval of, as
revisions to the Illinois SIP, Illinois': Lead maintenance plan for the
areas under section 175A; 2012 lead emission inventories under section
172(c)(3); and rules applying emission limits and other control
requirements to lead sources in the Chicago and Granite City areas.
EPA's analysis for taking these actions is discussed in Section IV
below.
II. What is the background for these actions?
Lead is a metal found naturally in the environment as well as in
manufactured products. Lead may have serious public health effects
depending on the level of exposure. Lead can adversely affect the
nervous system, kidney function, immune system, reproductive system,
and cardiovascular system. Infants and young children are especially
sensitive to even low levels of lead, which may contribute to
behavioral problems, learning deficits, and lowered IQ. The major
sources of lead for air emissions have historically been from fuels
used in on-road motor vehicles (such as cars and trucks) and industrial
sources. As a result of EPA's regulatory efforts to remove lead from
on-road motor vehicle gasoline, emissions of lead from the
transportation sector dramatically declined by 95 percent between 1980
and 1999, and levels of lead in the air decreased by 94 percent between
1980 and 1999.
Today, the highest levels of lead in the air are usually found near
lead smelters. The major sources of lead emissions to the air today are
ore and metals processing and piston-engine aircraft operating on
leaded aviation gasoline.
On November 12, 2008 (73 FR 66964), EPA established the 2008
primary and secondary lead NAAQS at 0.15 micrograms per cubic meter
([mu]g/m\3\) based on a maximum arithmetic 3-month mean concentration
for a 3-year period. See 40 CFR 50.16.
On November 22, 2010 (75 FR 71033), EPA published its initial air
quality designations and classifications for the 2008 lead NAAQS based
upon air quality monitoring data for calendar years 2007-2009. These
designations became effective on December 31, 2010. In this initial
round, the Granite City area was designated nonattainment for the 2008
lead NAAQS. On November 22, 2011 (76 FR 72097), EPA published a second
and final round of designations for the 2008 lead NAAQS based upon air
quality monitoring data for calendar years 2008-2010. These
designations became effective on December 31, 2011. In this second
round, the Chicago area was designated nonattainment for the 2008 lead
NAAQS. See 40 CFR 81.314.
On January 9, 2014, Illinois EPA submitted to EPA an attainment
demonstration for the 2008 lead NAAQS. This submission included a
request to incorporate into the Illinois SIP new rules at Title 35
Illinois Administrative Code (Ill. Adm. Code) Part 226. On June 17,
2014, Illinois EPA supplemented this submission with additional
information regarding the state rulemaking process.
On September 22, 2016, Illinois EPA requested that the Granite City
and Chicago lead nonattainment areas be redesignated to attainment for
the 2008 lead NAAQS and submitted the maintenance plan for the areas as
a proposed revision to the Illinois SIP. In this September 22, 2016,
submission, Illinois EPA withdrew most parts of the previous two
submissions, but did not withdraw the request that EPA approve, as a
revision to the Illinois SIP, the requirements at 35 Ill. Adm. Code
Part 226 to limit lead emissions in the areas. Illinois similarly did
not withdraw certain attachments and support documents, such as
emissions inventories and modeling data, that are relevant to this
request. On February 16, 2017, Illinois EPA clarified certain details
regarding the maintenance plan components of its September 22, 2016
submission.
III. What are the criteria for redesignation to attainment?
The CAA sets forth the requirements for redesignating a
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of
the CAA allows for redesignation provided that: (1) The Administrator
determines that the area has attained the applicable NAAQS based on
current air quality data; (2) the Administrator has fully approved an
applicable SIP for the area under section 110(k) of the CAA; (3) the
Administrator determines that the improvement in air quality is due to
permanent and enforceable emission reductions resulting from
implementation of the
[[Page 48450]]
applicable SIP, Federal air pollution control regulations, or other
permanent and enforceable emission reductions; (4) the Administrator
has fully approved a maintenance plan for the area meeting the
requirements of section 175A of the CAA; and (5) the state containing
the area has met all requirements applicable to the area for purposes
of redesignation under section 110 and the requirements for
nonattainment areas under part D of the CAA.
IV. What is EPA's analysis of the state's request?
The bases for EPA's actions follow.
A. The Areas Have Attained the 2008 Lead NAAQS (Section
107(d)(3)(E)(i))
In accordance with section 179(c) of the CAA, 42 U.S.C. 7509(c),
EPA is determining that the Chicago and Granite City areas have
attained the 2008 lead NAAQS. This determination is based upon
complete, quality-assured, and certified ambient air monitoring data
that show the areas have monitored attainment of the lead NAAQS.
Under EPA regulations at 40 CFR 50.16, the 2008 primary and
secondary lead standards are met when the maximum arithmetic 3-month
mean concentration for a 3-year period, as determined in accordance
with 40 CFR part 50, appendix R, is less than or equal to 0.15 [mu]g/
m\3\ at all relevant monitoring sites in the subject area. EPA refers
to this maximum rolling three-month average over a three-year period as
the ``design value.''
40 CFR part 58, appendix A outlines the quality assurance
requirements necessary for providing ``sufficient information to assess
the quality of the monitoring data.'' 40 CFR part 58, appendix D
provides network design criteria requirements which describe ``specific
requirements for the number and location of . . . [monitoring] sites
for specific pollutants . . .''. Within appendix D, Section 4.5 states
that ``[a]t a minimum, there must be one source-oriented SLAMS (State
and Local Air Monitoring Station) site located to measure the maximum
Pb concentration in ambient air resulting from each non-airport Pb
source which emits 0.50 or more tons per year. . . .
EPA has reviewed the ambient air monitoring data for the Chicago
and Granite City areas in accordance with the provisions of 40 CFR part
50, appendix R, and 40 CFR part 58, appendix A and appendix D. All data
considered are complete, quality-assured, certified, and recorded in
EPA's Air Quality System (AQS) database.
1. Chicago Area Air Quality
As defined at 40 CFR 81.314, the Chicago area is comprised of the
portions of Cook County that are bounded by Damen Avenue on the west,
Roosevelt Road on the north, the Dan Ryan Expressway on the east, and
the Stevenson Expressway on the south. According to analysis conducted
by Illinois EPA in 2011, the H. Kramer & Co. (H. Kramer) facility was
capable of causing exceedances of the NAAQS in the absence of any other
sources in the area.\1\ As described in Illinois EPA's September 22,
2016 submission, after the 2012 shutdown of the Fisk Electric
Generating Station, H. Kramer became the only source of lead emissions
in the Chicago area. H. Kramer manufactures brass and bronze ingots,
and a portion of the facility is devoted to producing metal alloys that
often contain lead as a minor constituent.
---------------------------------------------------------------------------
\1\ See the technical support document ``Region 5 Final Ionia
County, Chicago, Illinois Lead Technical Support Document (TSD)''
[sic] attached to EPA's air quality designations published November
22, 2011 (76 FR 72097).
---------------------------------------------------------------------------
After Illinois EPA identified H. Kramer as capable of causing
exceedances of the NAAQS in the Chicago area, Illinois adopted rules
that limit emissions from the H. Kramer facility, and require
additional control measures. As discussed in detail below, in this
action EPA is approving a request from Illinois EPA to incorporate
these rules into the Illinois SIP. Since H. Kramer implemented the
controls required by these rules, monitored values of lead in the area
have been below the health-based standard.
The Cook County Department of Environmental Control in conjunction
with Illinois EPA operates two Federal reference method (FRM) source-
oriented SLAMS monitors at 1241 W 19th Street in Chicago, Illinois,
which are used to determine whether the Chicago area has attained the
2008 lead NAAQS. In the AQS database, this monitoring site is denoted
with site ID 17-031-0110 and the two monitors are denoted with
parameter occurrence code (POC) #1 and POC #9. In a rulemaking on
August 24, 2015 (80 FR 51127), EPA determined that the Chicago area was
attaining the 2008 lead NAAQS, with a design value of 0.05 [mu]g/m\3\
for the three-year period of 2012-2014. EPA is affirming that
determination today with monitoring data from the most recent three-
year period of 2014-2016 based on data from the SLAMS monitors
identified above.
---------------------------------------------------------------------------
\2\ In Tables 1 through 4, the three-month rolling average for
the first two periods in 2014, November through January and December
through February, includes monitoring data from November and
December of 2013.
Table 1--2014-2016 Three-Month Rolling Averages for the 17-031-0110 #1 Monitor, in Units of [mu]g/m\3\
----------------------------------------------------------------------------------------------------------------
Location AQS ID 3-month period 2014 2015 2016
----------------------------------------------------------------------------------------------------------------
1241 W 19th St., Chicago, IL. 17-031-0110 #1.. Nov-Jan \2\.... 0.01 0.03 0.01
Dec-Feb 0.01 0.01 0.01
Jan-Mar 0.02 0.01 0.01
Feb-Apr........ 0.02 0.02 0.01
Mar-May........ 0.02 0.02 0.01
Apr-Jun........ 0.02 0.02 0.01
May-July....... 0.02 0.01 0.01
Jun-Aug........ 0.02 0.01 0.01
July-Sept...... 0.02 0.01 0.01
Aug-Oct........ 0.02 0.01 0.01
Sept-Nov....... 0.04 0.01 0.01
Oct-Dec........ 0.03 0.01 0.01
----------------------------------------------------------------------------------------------------------------
Table 2--2014-2016 Three-Month Rolling Averages for the 17-031-0110 #9 Monitor, in Units of [mu]g/m\3\
----------------------------------------------------------------------------------------------------------------
Location AQS ID 3-month period 2014 2015 2016
----------------------------------------------------------------------------------------------------------------
1241 W 19th St., Chicago, IL. 17-031-0110 #9.. Nov-Jan........ 0.01 0.01 0.01
[[Page 48451]]
Dec-Feb........ 0.01 0.01 0.01
Jan-Mar........ 0.02 0.01 0.01
Feb-Apr........ 0.02 0.02 0.01
Mar-May........ 0.02 0.02 0.01
Apr-Jun........ 0.02 0.02 0.01
May-July....... 0.02 0.01 0.01
Jun-Aug........ 0.02 0.01 0.01
July-Sept...... 0.03 0.01 0.01
Aug-Oct........ 0.02 0.01 0.01
Sept-Nov....... 0.02 0.01 0.01
Oct-Dec........ 0.02 0.01 0.01
----------------------------------------------------------------------------------------------------------------
The data shown in Tables 1 and 2 are complete, quality-assured, and
certified and show 0.04 [mu]g/m\3\ as the highest three-month rolling
average, well below the standard of 0.15 [mu]g/m\3\. The September 22,
2016, submittal from Illinois EPA requested redesignation to attainment
based on data from the three-year period of 2013-2015, which showed
that the Chicago area was meeting the 2008 lead NAAQS with a design
value of 0.04 [mu]g/m\3\. In this action, EPA is redesignating the
Chicago area based on more recent monitoring data for the three-year
period of 2014-2016, which also has a design value of 0.04 [mu]g/m\3\.
EPA's review of this data indicates that the Chicago area has
attained and should continue to attain the 2008 lead NAAQS.
2. Granite City Area Air Quality
As defined at 40 CFR 81.314, the Granite City area is comprised of
the portions of Madison County that are bounded by Granite City
Township and Venice Township. According to initial analysis conducted
by Illinois EPA in 2010, the Mayco Industries LLC (Mayco) facility was
one of several sources with lead emissions in the Granite City
nonattainment area.\3\ As described in its September 22, 2016,
submission, Illinois EPA conducted further analysis and determined that
Mayco was the most significant source of lead emissions in the Granite
City area, and was capable of causing exceedances of the NAAQS in the
absence of any other sources in the area. Mayco is a secondary lead
production facility and a fabricator of several lead-containing
products. Mayco manufactures lead shot for ammunition, lead-containing
products for naval applications, and lead wool used to create flexible
materials for radiation protection.
---------------------------------------------------------------------------
\3\ See the technical support document ``Region 5--Final Granite
City, Illinois Technical Support Document For 1st Round of Lead
Designations'' attached to EPA's air quality designations published
November 22, 2010 (75 FR 71033).
---------------------------------------------------------------------------
After Illinois EPA identified Mayco as the primary contributor to
the exceedance of the NAAQS in the Granite City area, Illinois adopted
rules that limit emissions from the Mayco facility, and require
additional control measures. As discussed in detail below, in this
action EPA is approving a request from Illinois EPA to incorporate
these rules into the Illinois SIP. Since Mayco implemented the controls
required by these rules, monitored values of lead in the area have been
below the health-based standard.
Illinois EPA operates two FRM source-oriented SLAMS monitors at
15th Street and Madison Avenue in Granite City, Illinois, which are
used to determine whether the Granite City area has attained the 2008
lead NAAQS. In the AQS database, this monitoring site is denoted with
site ID 17-119-0010 and the two monitors are denoted with POC #1 and
POC #9.
Table 3--2014-2016 Three-Month Rolling Averages for the 17-119-0010 #1 Monitor, in Units of [mu]g/m\3\
----------------------------------------------------------------------------------------------------------------
Location AQS ID 3-month period 2014 2015 2016
----------------------------------------------------------------------------------------------------------------
15th St. and Madison Ave., 17-119-0010 #1.. Nov-Jan........ 0.04 0.02 0.01
Granite City, IL.
Dec-Feb........ 0.04 0.02 0.01
Jan-Mar........ 0.03 0.02 0.01
Feb-Apr........ 0.01 0.01 0.02
Mar-May........ 0.02 0.02 0.02
Apr-Jun........ 0.01 0.02 0.02
May-July....... 0.01 0.01 0.02
Jun-Aug........ 0.01 0.01 0.01
July-Sept...... 0.01 0.01 0.01
Aug-Oct........ 0.01 0.02 0.01
Sept-Nov....... 0.02 0.02 0.02
Oct-Dec........ 0.01 0.01 0.02
----------------------------------------------------------------------------------------------------------------
Table 4--2014-2016 Three-Month Rolling Averages for the 17-119-0010 #9 Monitor, in Units of [mu]g/m\3\
----------------------------------------------------------------------------------------------------------------
Location AQS ID 3-month period 2014 2015 2016
----------------------------------------------------------------------------------------------------------------
15th St. and Madison Ave., 17-119-0010 #9.. Nov-Jan........ 0.04 0.01 0.01
Granite City, IL.
[[Page 48452]]
Dec-Feb........ 0.03 0.01 0.01
Jan-Mar........ 0.03 0.02 0.01
Feb-Apr........ 0.01 0.02 0.01
Mar-May........ 0.02 0.02 0.01
Apr-Jun........ 0.01 0.02 0.01
May-July....... 0.01 0.02 0.01
Jun-Aug........ 0.01 0.01 0.01
July-Sept...... 0.01 0.01 0.01
Aug-Oct........ 0.01 0.02 0.01
Sept-Nov....... 0.02 0.02 0.01
Oct-Dec........ 0.01 0.02 0.02
----------------------------------------------------------------------------------------------------------------
The data shown in Tables 3 and 4 are complete, quality-assured, and
certified and show 0.04 [mu]g/m\3\ as the highest three-month rolling
average, well below the standard of 0.15 [mu]g/m\3\. The September 22,
2016, submittal from Illinois EPA requested redesignation to attainment
based on data for the three-year period of 2013-2015, which showed that
the Granite City area was meeting the 2008 lead NAAQS with a design
value of 0.06 [mu]g/m\3\. In this action, EPA is redesignating the
Granite City area based on the more recent monitoring data for the
three-year period of 2014-2016, which has a lower design value of 0.04
[mu]g/m\3\.
EPA's review of this data indicates that the Granite City area has
attained and should continue to attain the 2008 lead NAAQS.
B. EPA Has Fully Approved the Applicable SIP for the Areas Under
Section 110(k) and the Areas Have Met All Applicable Requirements Under
Section 110 and Part D (Section 107(d)(3)(E)(ii) and (v))
With the exception of the emissions inventory requirement under
section 172(c)(3), EPA has approved all applicable requirements of the
Illinois SIP for the areas under Section 110(k) (EPA action on plan
submissions), in accordance with section 107(d)(3)(E)(ii). As discussed
below, EPA is approving Illinois' 2012 emissions inventory as meeting
the section 172(c)(3) comprehensive emissions inventory requirement as
part of this action.
Additionally, the Illinois SIP meets all currently applicable SIP
requirements for purposes of redesignation of the Chicago and Granite
City areas under section 110 of the CAA (general SIP requirements), and
Illinois' submittal meets all SIP requirements applicable under part D
of the CAA (plan requirements for nonattainment areas in general), in
accordance with section 107(d)(3)(E)(v).
1. Illinois Has Met All Applicable Requirements for Purposes of
Redesignation of the Chicago and Granite City Areas Under Section 110
and Part D of the CAA
a. Section 110 General SIP Requirements
Section 110(a) of title I of the CAA contains the general
requirements for a SIP. Section 110(a)(2) provides that the
implementation plan submitted by a state must have been adopted by the
state after reasonable public notice and hearing, and, among other
things, must: Include enforceable emission limitations and other
control measures, means or techniques necessary to meet the
requirements of the CAA; provide for establishment and operation of
appropriate devices, methods, systems, and procedures necessary to
monitor ambient air quality; provide for implementation of a source
permit program to regulate the modification and construction of any
stationary source within the areas covered by the plan; include
provisions for the implementation of part C, Prevention of Significant
Deterioration (PSD) and part D, New Source Review (NSR) permit
programs; include criteria for stationary source emission control
measures, monitoring, and reporting; include provisions for air quality
modeling; and provide for public and local agency participation in
planning and emission control rule development. EPA has historically
referred to SIP submissions made for the purpose of satisfying the
requirements of CAA section 110(a)(2) as ``infrastructure SIP''
submissions.
Additionally, section 110(a)(2)(D) of the CAA requires that SIPs
contain measures to prevent sources in a state from significantly
contributing to air quality problems in another state. EPA has
historically referred to SIP submissions made for the purpose of
satisfying the requirements of CAA section 110(a)(2)(D) as ``transport
SIP'' submissions.
EPA interprets the ``applicable'' requirements for an area's
designation to be those requirements linked with a particular area's
nonattainment designation. Therefore, the section 110 elements
described above that are not connected with nonattainment plan
submissions and not linked with an area's attainment status, such as
the infrastructure SIP elements of section 110(a)(2) and transport SIP
submittal requirements under section 110(a)(2)(D), are not applicable
requirements for purposes of redesignation. This is because a state
remains subject to these requirements after an area is redesignated to
attainment, and therefore these requirements are not relevant in
evaluating a redesignation request.
EPA has applied this interpretation consistently in many
redesignations for decades. See 81 FR 44210 (July 7, 2016) (final
redesignation for the Sullivan County, Tennessee area); 79 FR 43655
(July 28, 2014) (final redesignation for Bellefontaine, Ohio lead
nonattainment area); 61 FR 53174-53176 (October 10, 1996) and 62 FR
24826 (May 7, 1997) (proposed and final redesignation for Reading,
Pennsylvania ozone nonattainment area); 61 FR 20458 (May 7, 1996)
(final redesignation for Cleveland-Akron-Lorain, Ohio ozone
nonattainment area); and 60 FR 62748 (December 7, 1995) (final
redesignation of Tampa, Florida ozone nonattainment area). See also 65
FR 37879, 37890 (June 19, 2000) (discussing this issue in final
redesignation of Cincinnati, Ohio 1-hour ozone nonattainment area); 66
FR 53094 (October 19, 2001) (final redesignation of Pittsburgh,
Pennsylvania 1-hour ozone nonattainment area).
We have reviewed the Illinois SIP and determined that it meets the
general SIP requirements under section 110 of the CAA to the extent
those requirements are applicable for purposes of
[[Page 48453]]
redesignation. EPA has previously approved provisions of Illinois' SIP
addressing section 110 requirements (including provisions addressing
lead) at 40 CFR 52.745.
b. Part D Requirements
Upon approval of Illinois' 2012 emissions inventory for each area,
the Illinois SIP will meet the nonattainment area requirements for the
Chicago and Granite City areas for purposes of redesignation under part
D of the CAA, including the requirements under sections 172 and 176,
which are discussed further below.
(i) Section 172 Nonattainment Plan Requirements
For purposes of evaluating this redesignation request, the
applicable SIP requirements of section 172 are contained in sections
172(c)(1) through (9), which address requirements for nonattainment
areas. A thorough discussion of the requirements contained in section
172 can be found in the General Preamble for Implementation of Title I
(57 FR 13498, April 16, 1992).
Section 172(c)(1) requires nonattainment plans to provide for the
implementation of all reasonably available control measures (RACM) as
expeditiously as practicable and to provide for attainment of the
primary NAAQS. EPA interprets this requirement to impose a duty on all
states to consider all available control measures for all nonattainment
areas and to adopt and implement such measures as are reasonably
available for implementation in each area as components of the area's
attainment demonstration. Because the Chicago and Granite City areas
have attained the 2008 lead NAAQS, Illinois does not need to address
additional measures to provide for attainment, and the requirements
under section 172(c)(1) are no longer considered to be applicable so
long as the area continues to attain the standard until redesignation.
(40 CFR 51.918).
Section 172(c)(2) provides that nonattainment plans must require
reasonable further progress (RFP), which is defined as progress that
must be made toward attainment. This requirement is not relevant for
purposes of the Chicago and Granite City redesignations because the
areas have monitored attainment of the 2008 lead NAAQS. (General
Preamble, 57 FR 13564). See also 40 CFR 51.918. The requirement to
submit contingency measures under section 172(c)(9) is similarly not
applicable for purposes of redesignation. Id.
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions. In
their redesignation request, Illinois submitted inventories of actual
lead emissions in 2012 for each source in the Chicago and Granite City
areas that may have contributed to an exceedance of the NAAQS. At 40
CFR 51.117, EPA provides a threshold at which lead emissions must be
included in an inventory; as shown in Illinois' submittal, no other
source in either area emits at or above the threshold level of 0.5 or
more tons of lead per year. EPA is approving the 2012 inventories,
summarized in Table 5 below, as meeting the section 172(c)(3) emissions
inventory requirement for the Chicago and Granite City areas.
Table 5--Actual Emissions Inventories for the Chicago and Granite City
Areas in 2012
------------------------------------------------------------------------
Lead emissions
(lbs/year)
------------------------------------------------------------------------
H. Kramer facility in Chicago area...................... 200
Mayco facility in Granite City area..................... 903
------------------------------------------------------------------------
Section 172(c)(4) requires nonattainment plans to identify and
quantify allowable emissions for major new and modified stationary
sources in an area, and section 172(c)(5) requires source permits for
the construction and operation of new and modified major stationary
sources anywhere in the nonattainment area. EPA approved Illinois'
current NSR program as meeting the requirements of section 172(c)(4)
and 172(c)(5) on May 13, 2003 (68 FR 25504).
Section 172(c)(6) requires nonattainment plans to include
enforceable emission limitations, and such other control measures,
means or techniques as may be necessary or appropriate to provide for
attainment of the standard. Because the areas have reached attainment
has been reached, no additional measures are needed to provide for
attainment.
Section 172(c)(7) requires nonattainment plans to meet the
applicable provisions of section 110(a)(2). As discussed above, the
Illinois SIP meets the applicable provisions of section 110(a)(2) for
purposes of redesignation.
Section 172(c)(8) allows for equivalent modeling, emission
inventory, and planning procedures in certain circumstances upon
application by the State, which is not applicable to this action.
(ii) Section 176 Conformity Requirements
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that Federally-supported or funded activities,
including highway and transit projects, conform to the air quality
planning goals in the applicable SIPs. The requirement to determine
conformity applies to transportation plans, programs and projects
developed, funded or approved under title 23 of the U.S. Code and the
Federal Transit Act (transportation conformity) as well as to all other
Federally-supported or funded projects (general conformity). In light
of the elimination of lead additives in gasoline, transportation
conformity does not apply to the lead NAAQS. See 73 FR 66964, 67043
n.120. In addition, EPA approved Illinois' general conformity SIP on
December 23, 1997 (62 FR 6700).
2. Illinois Has a Fully Approved Applicable SIP Under Section 110(k) of
the CAA
Upon final approval of Illinois' comprehensive 2012 emissions
inventories, EPA will have fully approved the Illinois SIP for the
Chicago and Granite City areas under section 110(k) of the CAA for all
requirements applicable to the attainment status of the areas. EPA may
rely on prior SIP approvals in approving a redesignation request (See
page 3 of the September 4, 1992, Processing Requests to Redesignate
Areas to Attainment: Policy Memorandum \4\ (Calcagni memorandum));
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984,
989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426 (6th Cir. 2001))
plus any additional measures EPA may approve in conjunction with a
redesignation action. See 68 FR 25413, 25426 (May 12, 2003). Since the
passage of the CAA of 1970, Illinois has adopted and submitted, and EPA
has fully approved, provisions addressing various required SIP elements
under lead standards.
---------------------------------------------------------------------------
\4\ https://www.epa.gov/ozone-pollution/procedures-processing-requests-redesignate-areas-attainment.
---------------------------------------------------------------------------
Under section 172, states with nonattainment areas must submit
plans providing for timely attainment and meeting a variety of other
requirements. EPA made a final determination of attainment for the
Chicago area (also known as a clean data determination) on August 24,
2015 (80 FR 51127). Pursuant to 40 CFR 51.1004(c), EPA's
[[Page 48454]]
determination that the area has attained the 2008 lead standard
suspended the requirement to submit certain planning SIPs related to
attainment, including attainment demonstration requirements, the RACM
requirements of 172(c)(3), the RFP and attainment demonstration
requirements of sections 172(c)(2) and (6) and 182(b)(1) of the CAA,
and the requirement for contingency measures under section 172(c)(9) of
the CAA. As discussed above, since EPA's final determination of
attainment in 2015, the Chicago area has continued to attain the
standard and should remain in attainment. Because in today's rulemaking
we are determining that the Granite City area has also attained the
standard, EPA is suspending those same requirements under section 172
and 182(b)(1) of the CAA for the Granite City area.
As a result, the only remaining requirement under section 172 to be
evaluated is the emissions inventory required under section 172(c)(3).
In this action, EPA is approving Illinois' 2012 emissions inventories
for the Chicago and Granite City areas as meeting the requirement of
section 172(c)(3) of the CAA. No Chicago area or Granite City area SIP
provisions regarding lead under Section 172 of the CAA are currently
disapproved, conditionally approved, or partially approved.
C. The Improvement in Air Quality Is Due to Permanent and Enforceable
Reductions in Emissions Resulting From Implementation of the SIP and
Applicable Federal Air Pollution Control Regulations and Other
Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii))
As part of this action, EPA is approving Illinois EPA's request to
modify the Illinois SIP to include the requirements at 35 Ill. Adm.
Code Part 226. As discussed below, the rules at 35 Ill. Adm. Code Part
226 place new control requirements and emission limits on lead sources
in the Chicago and Granite City areas, and are more stringent than the
previous SIP-approved rules. Inclusion of these rules into the SIP
means that these requirements are permanent and enforceable.
In developing the proposed SIP revisions, Illinois EPA assessed the
practices and processes at the H. Kramer and Mayco facilities that
contributed to exceedances of the NAAQS in the Chicago area and Granite
City area, respectively. Illinois determined that emissions from the
stacks at each facility were not appropriately limited, and that
certain parts of the Mayco manufacturing process were not controlled at
all. Illinois also determined that fugitive emissions from each
facility were a significant factor in the exceedances of the NAAQS, and
were caused by a lack of proper enclosure under negative pressure, as
well as insufficient housekeeping and cleaning procedures. Illinois
structured its new rule to address the specific deficiencies at the H.
Kramer and Mayco facilities that contributed to the exceedances of the
lead NAAQS.
35 Ill. Adm. Code Part 226, titled ``Standards and Limitations for
Certain Sources of Lead'', which became effective at the state level on
April 21, 2014, applies to nonferrous metal production facilities in
the Chicago and Granite City areas. In practice, the rule applies to
the H. Kramer and Mayco facilities, which are the only two nonferrous
metal production facilities in the areas. The rule provides lead
emission standards and requires specific emission controls based on the
equipment and manufacturing processes that are used at each facility;
requires affected sources to operate under specified state or federal
permitting programs; requires that owners or operators of lead emission
units install, maintain, and operate monitoring equipment; sets
requirements for recording and submitting monitoring data; requires
that subject owners or operators operate pressure differential and leak
detection systems at all times; requires total enclosure of specified
lead emission units when the unit is operating or housekeeping
activities are being performed; provides options for measurement of all
natural draft openings and the total surface area of the total
enclosure; requires inward flow of air through all natural draft
openings; requires monthly inspections; requires the owner or operator
of a lead emission unit to operate a fugitive dust operating program,
and specifies areas, activities, and events subject to this program;
provides specific emissions testing requirements; includes specific
recordkeeping and reporting requirements, including a requirement to
submit semiannual reports to Illinois EPA; and states that records must
be maintained for at least five years.
In its September 22, 2016, submission, Illinois EPA showed that the
implementation of the requirements of 35 Ill. Adm. Code Part 226 has
resulted in a substantial decrease in emissions from the H. Kramer and
Mayco facilities. As part of its analysis of these areas, Illinois EPA
determined emissions prior to the April 21, 2014, effective date of 35
Ill. Adm. Code Part 226 at each facility based on stack testing. For
2012, the H. Kramer facility reported 200 lbs of emissions, and the
Mayco facility reported 903 lbs of emissions. Illinois then conducted
modeling to calculate allowable emissions from each facility under 35
Ill. Adm. Code Part 226 for 2014 and future years. Illinois determined
that H. Kramer should emit no more than 99.9889 lbs/year, and Mayco
should emit no more than 418.2620 lbs/year. This modeling is discussed
in detail below. As shown in Table 6, Illinois' modeling shows that the
emissions reductions correlate with a decrease in monitored ambient
lead levels.
Table 6--Emissions Reductions and Improvements in Air Quality for the
Nonattainment and Attainment Periods
----------------------------------------------------------------------------------------------------------------
Nonattainment 2014-2016
2012 Actual design value 2014 Allowable Attainment
lead emissions ([mu]g/m\3\) lead emissions design value
(lbs/year) \5\ (lbs/year) ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
H. Kramer facility in Chicago area.............. 200 0.24 99.9889 0.04
Mayco facility in Granite City area............. 903 0.28 418.2620 0.04
----------------------------------------------------------------------------------------------------------------
Based on the information provided in its submission, Illinois has
demonstrated that the observed air quality improvements in the Chicago
and Granite City areas are due to the requirements at 35 Ill. Adm. Code
Part 226. Relative to emissions in 2012, Illinois' analysis shows that
these
[[Page 48455]]
requirements result in emission reductions of at least 50% from both H.
Kramer in the Chicago area and Mayco in the Granite City area.
Furthermore, Illinois believes these emission reduction estimates are
conservative because the reductions were calculated based on allowable
emissions under the rule, and actual emissions are likely to be
lower.\6\
---------------------------------------------------------------------------
\5\ The Chicago area was designated nonattainment using the
design value for the 2008-2010 period, and the Granite City area was
designated nonattainment using the design value for the 2007-2009
period.
\6\ For a source's actual emissions to be equivalent to its
allowable emissions, the source would need to operate every emission
unit at maximum capacity continuously throughout the year.
---------------------------------------------------------------------------
D. Illinois Has a Fully Approved Maintenance Plan Pursuant to Section
175A of the CAA (Section 107(d)(3)(E)(iv))
In conjunction with Illinois' request to redesignate the Chicago
and Granite City nonattainment areas to attainment status, Illinois has
submitted, as a SIP revision, a plan to provide for maintenance of the
2008 lead NAAQS in the areas through 2030. EPA has reviewed the
maintenance plan and finds that it meets the requirements of section
175A of the CAA as explained further below.
Section 175A of the CAA sets forth the required elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. Under section 175A, the plan must demonstrate continued
attainment of the applicable NAAQS for at least ten years after EPA
approves a redesignation to attainment. Eight years after
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment will continue to be maintained for ten
years following the initial ten-year maintenance period. To address the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures with a schedule for implementation as EPA
deems necessary to assure prompt correction of any future NAAQS
violations.
EPA's September 4, 1992, Calcagni memorandum provides additional
guidance on the content of a maintenance plan. The memorandum states
that a maintenance plan should address the following items: The
attainment emissions inventory, a maintenance demonstration showing
maintenance for the ten years of the maintenance period, a commitment
to maintain the existing monitoring network, factors and procedures to
be used for verification of continued attainment of the NAAQS, and a
contingency plan to prevent or correct future violations of the NAAQS.
Section 175A requires a state seeking redesignation to attainment
to submit a SIP revision to provide for the maintenance of the NAAQS in
the area ``for at least 10 years after the redesignation.'' EPA has
interpreted this as a showing of maintenance ``for a period of ten
years following redesignation.'' Calcagni memorandum at 9. Where the
modeling method of showing maintenance is used, a state must show that
``the future mix of sources and emission rates will not cause a
violation of the NAAQS.'' Id. Modeling should ``contain a summary of
the air quality concentrations expected to result from application of
the control strategy'' and ``identify and describe the dispersion model
or other air quality model used to project ambient concentrations.''
Id.
1. Attainment Inventory
Illinois developed emissions inventories for lead for 2014, one of
the years in the period during which the Chicago and Granite City areas
monitored attainment of the 2008 lead standard. Illinois EPA calculated
this inventory for the H. Kramer and Mayco facilities based on
allowable emissions considering the emission limits and control
requirements under 35 Ill. Adm. Code Part 226, and requested that the
resulting emissions totals be used to satisfy the maintenance plan
requirements of section 175A. This approach is consistent with the
modeling that Illinois conducted to show that future emissions of lead
will not cause a violation of the NAAQS.
These allowable emissions levels for the 2014 attainment year,
summarized in Table 7 below, satisfy the pertinent maintenance plan
requirements of section 175A.
Table 7--Allowable Emissions Inventories for the Chicago and Granite
City Areas in the 2014 Attainment Year
------------------------------------------------------------------------
Lead
emissions (lbs/
year)
------------------------------------------------------------------------
H. Kramer facility in Chicago area...................... 99.9889
Mayco facility in Granite City area..................... 418.2620
------------------------------------------------------------------------
2. Demonstration of Maintenance
Illinois' plan demonstrates maintenance of the 2008 lead standard
through 2030 by showing modeled attainment of the standard for
projected future emissions, even at the highest levels of emissions
allowed by the new rules at 35 Ill. Adm. Code Part 226, which are
discussed in detail above.
As clarified by Illinois EPA on February 16, 2017, the Illinois
maintenance plan demonstrates how the projected level of emissions from
affected sources is sufficient to permanently maintain the lead NAAQS.
The maintenance plan relies on a January 9, 2014, submission of
emissions inventories and modeling data, as well as a June 17, 2014,
submission requesting that EPA add 35 Ill. Adm. Code Part 226 into the
Illinois SIP. Illinois EPA modeling shows that these rules, once
approved as part of the SIP, should permanently limit emissions to a
level at which the 2008 lead NAAQS is maintained for ten years and
beyond in the Chicago and Granite City areas.
Illinois EPA conducted this modeling for both areas using EPA's
dispersion model, AERMOD, as required at 40 CFR part 51, appendix W.
Model output was processed using EPA's LEADPOST software. In
undertaking this modeling, Illinois followed relevant EPA guidance, and
appropriately considered meteorology, terrain, and stack height.
Based on monitoring data and estimated emissions from nearby
sources, the modeling assumes a background lead concentration of 0.02
[mu]g/m\3\ for both the Chicago and Granite City areas. This assumption
is conservative because the most recent monitoring data for the Chicago
and Granite City areas show total ambient lead concentrations near this
value. The modeling then applies the new rules at 35 Ill. Adm. Code
Part 226 to the affected sources in each area, and calculates maximum
allowable emissions from these sources. Adding the background
concentration to the maximum allowable emissions, Illinois EPA's
modeling shows that the maximum three-month rolling average of lead is
0.128253 [mu]g/m\3\ for the Chicago area and 0.128333 [mu]g/m\3\ for
the Granite City area, which are within the 2008 lead NAAQS standard of
0.15 [mu]g/m\3\. Because this would be the maximum level of lead
emissions allowed under permanent and enforceable SIP-approved rules,
Illinois EPA has shown an ability to maintain the NAAQS for ten years
and beyond.
3. Monitoring Network
Illinois currently operates lead monitors in the Chicago and
Granite City area. Illinois' maintenance plan includes a commitment to
continue to operate its EPA-approved monitoring network as necessary to
demonstrate ongoing compliance with the NAAQS.
[[Page 48456]]
4. Verification of Continued Attainment
Illinois remains obligated to continue to quality-assure monitoring
data and enter all data into AQS in accordance with Federal guidelines.
Illinois has committed to using these data, supplemented with
additional information as necessary, to assure that the area continues
to attain the standard. Illinois will also continue to develop and
submit periodic emission inventories as required by the Federal
Consolidated Emissions Reporting Rule (67 FR 39602, June 10, 2002) to
track future levels of emissions. Both of these actions will help to
verify continued attainment in accordance with 40 CFR part 58.
5. Contingency Plan
The contingency plan provisions are designed to promptly correct or
prevent a violation of the NAAQS that might occur after redesignation
of an area to attainment. Section 175A of the CAA requires that a
maintenance plan include such contingency measures as EPA deems
necessary to assure that the state will promptly correct a violation of
the NAAQS that occurs after redesignation. The maintenance plan should
identify the contingency measures to be adopted, a schedule and
procedure for adoption and implementation of the contingency measures,
and a time limit for action by the state. The state should also
identify specific indicators to be used to determine when the
contingency measures need to be adopted and implemented. The
maintenance plan must include a requirement that the state will
implement all pollution control measures that were contained in the SIP
before redesignation of the area to attainment. See section 175A(d) of
the CAA.
Illinois' contingency plan is triggered when there is a violation
of the lead NAAQS occurring after redesignation to attainment. Within
six months of certification of monitoring data showing an exceedance of
the NAAQS, Illinois will complete a comprehensive study to determine
the cause or causes of the violation, and the control measure or
measures necessary to mitigate the problem. This study will consider
the number, location, and severity of the violations; the weather
patterns contributing to high concentrations of lead; contributing
emissions sources; emissions trends, including timeliness of
implementation of scheduled control measures; current and recently-
identified control technologies; and air quality contributions from
outside the maintenance area.
If the study shows that additional controls of sources within the
area is appropriate, the Illinois contingency plan is to incrementally
lower emission limits and implement associated measures at the unit or
units that are shown to be the cause or causes of the NAAQS violation.
The selection of measures will be based upon several factors, including
emissions reduction potential, timing of implementation, and social
considerations. Illinois EPA will solicit input from interested and
affected parties prior to selecting the appropriate measures. The
process will include publication for notices, an opportunity for public
hearing, and other actions required by Illinois law.
Illinois' contingency measures, as well as the commitment to
implement SIP requirements as necessary, satisfy the pertinent
requirements of section 175A(d).
As required by section 175A(b) of the CAA, Illinois committed to
submit to EPA an updated lead maintenance plan eight years after
redesignation of the Chicago and Granite City areas to cover an
additional ten-year period beyond the initial ten-year maintenance
period.
For the reasons set forth above, EPA is approving, as a SIP
revision, Illinois' 2008 lead NAAQS maintenance plan for the Chicago
and Granite City areas because the plan meets the requirements of CAA
section 175A.
V. What are the effects of EPA's actions?
Approval of this redesignation request changes the official
designation of the Chicago, Illinois and Granite City, Illinois areas
for the 2008 lead NAAQS, found at 40 CFR part 81, from nonattainment to
attainment. This action also approves, as revisions to the Illinois
SIP, the rules at 35 Ill. Adm. Code Part 226, the maintenance plan for
the 2008 lead standard in the Chicago and Granite City areas, and
Illinois' 2012 emissions inventories for the Chicago and Granite City
areas pursuant to section 172(c)(3) of the CAA.
As discussed above, section 172(c)(3) of the CAA requires areas to
submit a comprehensive emissions inventory including all lead sources
in the nonattainment area. EPA is approving the Illinois 2012 emissions
inventories outlined in Table 5 for the Chicago and Granite City areas
as fulfilling this requirement.
In its September 22, 2016, submission, Illinois EPA requested that
EPA approve 35 Ill. Adm. Code Part 226 as a revision to the Illinois
SIP as control measures to maintain attainment in the Chicago and
Granite City areas. As discussed above, these rules control emissions
from lead sources, specifically at the H. Kramer and Mayco facilities,
and inclusion of these rules into the SIP makes these measures
permanent and enforceable. In today's action, EPA is approving
Illinois' request to modify the SIP to include these rules.
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.
VI. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Illinois
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov, and/or at the EPA
Region 5 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference by
the
[[Page 48457]]
Director of the Federal Register in the next update to the SIP
compilation
VII. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, 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 as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.
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 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: September 28, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.720 the tables in paragraph (c) and (e) are amended:
0
i. In paragraph (c) under the subheading ``Subchapter c: Emission
Standards and Limitations for Stationary Sources'' by adding entries in
numerical order under a new subheading ``Part 226: Standards And
Limitations For Certain Sources Of Lead'';
0
ii. in paragraph (e) under the subheading ``Attainment and Maintenance
Plans'' by adding new entries in alphabetical order for ``Lead (2008)
attainment and maintenance plan'' and ``Lead (2008)--Clean Data
Determination''; and
0
iii. in paragraph (e) under the subheading ``Emission Inventories'' by
adding a new entry in alphabetical order for ``Emission inventory -2012
(2008 Lead)''.
The additions read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
[[Page 48458]]
EPA-Approved Illinois Regulations And Statutes
----------------------------------------------------------------------------------------------------------------
State
Illinois citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter C: Emission Standards and Limitations for Stationary Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 226: Standards and Limitations for Certain Sources of Lead
----------------------------------------------------------------------------------------------------------------
226.100.......................... Severability........ 4/21/2014 10/18/2017, [Insert
Federal Register
citation].
226.105.......................... Scope and 4/21/2014 10/18/2017, [Insert
Organization. Federal Register
citation].
226.110.......................... Abbreviations and 4/21/2014 10/18/2017, [Insert
Acronyms. Federal Register
citation].
226.115.......................... Definitions......... 4/21/2014 10/18/2017, [Insert
Federal Register
citation].
226.120.......................... Incorporations by 4/21/2014 10/18/2017, [Insert
Reference. Federal Register
citation].
226.125.......................... Applicability....... 4/21/2014 10/18/2017, [Insert
Federal Register
citation].
226.130.......................... Compliance Date..... 4/21/2014 10/18/2017, [Insert
Federal Register
citation].
226.140.......................... Lead Emission 4/21/2014 10/18/2017, [Insert
Standards. Federal Register
citation].
226.150.......................... Operational 4/21/2014 10/18/2017, [Insert
Monitoring for Federal Register
Control Device. citation].
226.155.......................... Total Enclosure..... 4/21/2014 10/18/2017, [Insert
Federal Register
citation].
226.160.......................... Operational 4/21/2014 10/18/2017, [Insert
Measurement for Federal Register
Total Enclosure. citation].
226.165.......................... Inspection.......... 4/21/2014 10/18/2017, [Insert
Federal Register
citation].
226.170.......................... Lead Fugitive Dust 4/21/2014 10/18/2017, [Insert
Operating Program. Federal Register
citation].
226.175.......................... Emissions Testing... 4/21/2014 10/18/2017, [Insert
Federal Register
citation].
226.185.......................... Recordkeeping and 4/21/2014 10/18/2017, [Insert
Reporting. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal EPA approval date Comments
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Attainment and Maintenance Plans
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Lead (2008) attainment and Chicago and Granite 9/22/2016 10/18/2017, [Insert
maintenance plan. City areas. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Lead (2008)--Clean Data Granite City area... N/A 10/18/2017, [Insert
Determination. Federal Register
citation].
[[Page 48459]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Emission Inventories
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Emission inventory--2012 (2008 Chicago and Granite 9/22/2016 10/18/2017, [Insert
Lead). City areas. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. Section 81.314 is amended by revising the table entitled
``Illinois--2008 Lead NAAQS'' to read as follows:
Sec. 81.314 Illinois.
* * * * *
Illinois--2008 Lead NAAQS
----------------------------------------------------------------------------------------------------------------
Designation for the 2008 NAAQS \a\
Designated area ------------------------------------------------------------------
Date \1\ Type
----------------------------------------------------------------------------------------------------------------
Chicago, IL:
Cook County (part)....................... 10/18/2017 Attainment.
Area bounded by Damen Ave. on the
west, Roosevelt Rd. on the north,
the Dan Ryan Expressway on the east,
and the Stevenson Expressway on the
south.
Granite City, IL:
Madison County (part).................... 10/18/2017 Attainment.
Area is bounded by Granite City
Township and Venice Township.
Rest of State........................ .............. Unclassifiable/Attainment.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ December 31, 2011, unless otherwise noted.
[FR Doc. 2017-22512 Filed 10-17-17; 8:45 am]
BILLING CODE 6560-50-P
