Air Plan Approval; Illinois; Redesignation of the Illinois Portion of the St. Louis-St. Charles-Farmington, Missouri-Illinois Area to Attainment of the 2008 Ozone Standard, 8756-8758 [2018-04094]
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Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations
[FR Doc. 2018–04184 Filed 2–28–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2017–0277; FRL–9974–
86—Region 5]
Air Plan Approval; Illinois;
Redesignation of the Illinois Portion of
the St. Louis-St. Charles-Farmington,
Missouri-Illinois Area to Attainment of
the 2008 Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
find that the St. Louis-St. CharlesFarmington, Missouri-Illinois (MO-IL)
area, ‘‘the St. Louis area,’’ is attaining
the 2008 ozone National Ambient Air
Quality Standard (NAAQS or standard)
and is redesignating the Illinois portion
of the St. Louis area, ‘‘the Metro-East
area,’’ to attainment for the 2008 ozone
NAAQS because the Metro-East area
meets the statutory requirements for
redesignation under the Clean Air Act
(CAA). The St. Louis area includes
Madison, Monroe and St. Clair Counties
in Illinois (the Metro-East area), and
Franklin, Jefferson, St. Charles, and St.
Louis Counties and the City of St. Louis
in Missouri. (EPA will address the
Missouri portion of the St. Louis area in
a separate rulemaking action.) EPA is
also approving, as a revision to the
Illinois State Implementation Plan (SIP),
the State’s plan for maintaining the 2008
ozone standard through 2030 in the St.
Louis area. Finally, EPA finds adequate
and is approving, as a SIP revision, the
State’s 2030 volatile organic compound
(VOC) and oxides of nitrogen (NOX)
Motor Vehicle Emission Budgets
(MVEBs) for the Metro-East area. The
Illinois Environmental Protection
Agency (IEPA) submitted the SIP
revision and request to redesignate the
Metro-East area on May 8, 2017. EPA
proposed this action on December 8,
2017 and received two public comments
in response that are not relevant to this
action.
DATES: This final rule is effective March
1, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0277. All
documents in the docket are listed in
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
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SUMMARY:
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e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either through
https://www.regulations.gov, or please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section
for additional availability information.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. What is being addressed in this
document?
This rule takes action on the
submission from IEPA, dated May 8,
2017, requesting redesignation of the
Metro-East area to attainment for the
2008 ozone standard. The background
for this action is discussed in detail in
EPA’s proposal, dated December 8, 2017
(82 FR 57892). In that rulemaking, we
noted that, under EPA regulations at 40
CFR part 50, the 2008 ozone NAAQS is
attained in an area when the 3-year
average of the annual fourth highest
daily maximum 8-hour average
concentration is equal to or less than
0.075 parts per million, when truncated
after the thousandth decimal place, at
all of the ozone monitoring sites in the
area. (See 40 CFR 50.15 and appendix
P to 40 CFR part 50.) Under the CAA,
EPA may redesignate nonattainment
areas to attainment if sufficient
complete, quality-assured data are
available to determine that the area has
attained the standard and if it meets the
other CAA redesignation requirements
in section 107(d)(3)(E). The proposed
rule provides a detailed discussion of
how Illinois has met these CAA
requirements.
As discussed in the December 8, 2017,
proposal, quality-assured and certified
monitoring data for 2014–2016 and
preliminary data for 2017 show that the
St. Louis area has attained and
continues to attain the 2008 ozone
standard. In the maintenance plan
submitted for the area, Illinois has
demonstrated that the ozone standard
will be maintained in the area through
2030. Finally, Illinois adopted 2030
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Sfmt 4700
VOC and NOX MVEBs for the Metro East
portion of the St. Louis area that are
adequate and supported by IEPA’s
maintenance demonstration.
II. What comments did we receive on
the proposed rule?
EPA provided a 30-day review and
comment period for the December 8,
2017, proposed rule. The comment
period ended on January 8, 2018. We
received two comments, which were
related to general concerns about
wildfires and the EPA Administrator.
These comments are not specific to this
action and thus are not addressed here.
III. What action is EPA taking?
No comments were submitted that
change our assessment of the rule as
described in our proposed action.
Therefore, EPA is determining that the
St. Louis nonattainment area is attaining
the 2008 ozone standard, based on
quality-assured and certified monitoring
data for 2014–2016, and that the MetroEast portion of this area has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA. EPA is
thus approving IEPA’s request to change
the legal designation of the Metro-East
portion of the St. Louis area from
nonattainment to attainment for the
2008 ozone standard. EPA is also
approving, as a revision to the Illinois
SIP, the state’s maintenance plan for the
area. The maintenance plan is designed
to keep the St. Louis area in attainment
of the 2008 ozone NAAQS through
2030. Finally, EPA finds adequate and
is approving, as a SIP revision, the
newly-established 2030 MVEBs for the
Metro-East area.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for these
actions to become effective immediately
upon publication. This is because a
delayed effective date is unnecessary
due to the nature of a redesignation to
attainment, which relieves the area from
certain CAA requirements that would
otherwise apply to it. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in section 553(d) is to
give affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. This rule,
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Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, this rule relieves the state of
planning requirements for this ozone
nonattainment area. For these reasons,
EPA finds good cause under 5 U.S.C.
553(d)(1) and (3) for these actions to
become effective on the date of
publication of these actions.
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IV. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
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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, this 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.
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8757
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 April 30, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
40 CFR Part 81
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Intergovernmental
relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: February 14, 2018.
Cathy Stepp,
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 table in paragraph
(e) is amended by adding the entry
‘‘Ozone (8-hour, 2008) redesignation
and maintenance plan’’ following the
entry for ‘‘Ozone (8-hour, 2008)
Determination of Attainment’’ to read as
follows:
■
§ 52.720
*
Identification of plan.
*
*
(e) * * *
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*
*
8758
Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations
EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable
geographic
or nonattainment
area
Name of SIP provision
State
submittal
date
EPA approval date
Comments
*
*
3/1/2018 [insert Federal Register citation].
*
Attainment and Maintenance Plans
*
*
Ozone (8-hour, 2008) redesignation and
maintenance plan.
*
*
St. Louis area ........
*
*
*
5/8/2017
*
*
Authority: 42 U.S.C. 7401, et seq.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
4. Section 81.314 is amended by
revising the entry ‘‘St. Louis-St. CharlesFarmington, MO-IL:’’ in the table
entitled ‘‘Illinois—2008 8-Hour Ozone
■
3. The authority citation for part 81
continues to read as follows:
■
*
*
NAAQS (Primary and secondary)’’ to
read as follows:
§ 81.314
*
*
Illinois.
*
*
*
ILLINOIS—2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation
Classification
Designated area
Date 1
*
*
*
St. Louis-St. Charles-Farmington, MO-IL: 2
Madison County, Monroe County, St. Clair County
*
*
*
Date 1
Type
*
Type
*
*
*
3/1/2018
*
*
*
Attainment.
*
1 This
date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
*
*
*
*
*
[FR Doc. 2018–04094 Filed 2–28–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2017–0447; FRL–9971–19]
Methyl Bromide; Pesticide Tolerances
for Emergency Exemptions
This regulation establishes
time-limited tolerances for residues of
the fumigant methyl bromide, including
its metabolites and degradates in or on
post-harvest imported/domestic
agricultural commodities. This action is
in response to EPA’s granting
quarantine exemptions under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) authorizing
use of the pesticide on specified
agricultural commodities. This
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The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2017–0447, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
ADDRESSES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY:
regulation establishes a maximum
permissible level for residues of methyl
bromide in or on these commodities.
The time-limited tolerances expire on
December 31, 2020.
DATES: This regulation is effective
March 1, 2018. Objections and requests
for hearings must be received on or
before April 30, 2018, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
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Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Director, Registration
Division (7505P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (703) 305–7090;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
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]]>Agencies
[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)]
[Rules and Regulations]
[Pages 8756-8758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04094]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2017-0277; FRL-9974-86--Region 5]
Air Plan Approval; Illinois; Redesignation of the Illinois
Portion of the St. Louis-St. Charles-Farmington, Missouri-Illinois Area
to Attainment of the 2008 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to find that the St. Louis-St. Charles-Farmington, Missouri-
Illinois (MO-IL) area, ``the St. Louis area,'' is attaining the 2008
ozone National Ambient Air Quality Standard (NAAQS or standard) and is
redesignating the Illinois portion of the St. Louis area, ``the Metro-
East area,'' to attainment for the 2008 ozone NAAQS because the Metro-
East area meets the statutory requirements for redesignation under the
Clean Air Act (CAA). The St. Louis area includes Madison, Monroe and
St. Clair Counties in Illinois (the Metro-East area), and Franklin,
Jefferson, St. Charles, and St. Louis Counties and the City of St.
Louis in Missouri. (EPA will address the Missouri portion of the St.
Louis area in a separate rulemaking action.) EPA is also approving, as
a revision to the Illinois State Implementation Plan (SIP), the State's
plan for maintaining the 2008 ozone standard through 2030 in the St.
Louis area. Finally, EPA finds adequate and is approving, as a SIP
revision, the State's 2030 volatile organic compound (VOC) and oxides
of nitrogen (NOX) Motor Vehicle Emission Budgets (MVEBs) for
the Metro-East area. The Illinois Environmental Protection Agency
(IEPA) submitted the SIP revision and request to redesignate the Metro-
East area on May 8, 2017. EPA proposed this action on December 8, 2017
and received two public comments in response that are not relevant to
this action.
DATES: This final rule is effective March 1, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2017-0277. All documents in the docket are listed in
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is being addressed in this document?
This rule takes action on the submission from IEPA, dated May 8,
2017, requesting redesignation of the Metro-East area to attainment for
the 2008 ozone standard. The background for this action is discussed in
detail in EPA's proposal, dated December 8, 2017 (82 FR 57892). In that
rulemaking, we noted that, under EPA regulations at 40 CFR part 50, the
2008 ozone NAAQS is attained in an area when the 3-year average of the
annual fourth highest daily maximum 8-hour average concentration is
equal to or less than 0.075 parts per million, when truncated after the
thousandth decimal place, at all of the ozone monitoring sites in the
area. (See 40 CFR 50.15 and appendix P to 40 CFR part 50.) Under the
CAA, EPA may redesignate nonattainment areas to attainment if
sufficient complete, quality-assured data are available to determine
that the area has attained the standard and if it meets the other CAA
redesignation requirements in section 107(d)(3)(E). The proposed rule
provides a detailed discussion of how Illinois has met these CAA
requirements.
As discussed in the December 8, 2017, proposal, quality-assured and
certified monitoring data for 2014-2016 and preliminary data for 2017
show that the St. Louis area has attained and continues to attain the
2008 ozone standard. In the maintenance plan submitted for the area,
Illinois has demonstrated that the ozone standard will be maintained in
the area through 2030. Finally, Illinois adopted 2030 VOC and
NOX MVEBs for the Metro East portion of the St. Louis area
that are adequate and supported by IEPA's maintenance demonstration.
II. What comments did we receive on the proposed rule?
EPA provided a 30-day review and comment period for the December 8,
2017, proposed rule. The comment period ended on January 8, 2018. We
received two comments, which were related to general concerns about
wildfires and the EPA Administrator. These comments are not specific to
this action and thus are not addressed here.
III. What action is EPA taking?
No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, EPA is determining that
the St. Louis nonattainment area is attaining the 2008 ozone standard,
based on quality-assured and certified monitoring data for 2014-2016,
and that the Metro-East portion of this area has met the requirements
for redesignation under section 107(d)(3)(E) of the CAA. EPA is thus
approving IEPA's request to change the legal designation of the Metro-
East portion of the St. Louis area from nonattainment to attainment for
the 2008 ozone standard. EPA is also approving, as a revision to the
Illinois SIP, the state's maintenance plan for the area. The
maintenance plan is designed to keep the St. Louis area in attainment
of the 2008 ozone NAAQS through 2030. Finally, EPA finds adequate and
is approving, as a SIP revision, the newly-established 2030 MVEBs for
the Metro-East area.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. This rule,
[[Page 8757]]
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, this rule relieves the state of planning requirements
for this ozone nonattainment area. For these reasons, EPA finds good
cause under 5 U.S.C. 553(d)(1) and (3) for these actions to become
effective on the date of publication of these actions.
IV. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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, this 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 April 30, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: February 14, 2018.
Cathy Stepp,
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 table in paragraph (e) is amended by adding the
entry ``Ozone (8-hour, 2008) redesignation and maintenance plan''
following the entry for ``Ozone (8-hour, 2008) Determination of
Attainment'' to read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(e) * * *
[[Page 8758]]
EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State EPA approval date Comments
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
Attainment and Maintenance Plans
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Ozone (8-hour, 2008) St. Louis area.... 5/8/2017 3/1/2018 [insert ..................
redesignation and maintenance Federal Register
plan. 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 entry ``St. Louis-St.
Charles-Farmington, MO-IL:'' in the table entitled ``Illinois--2008 8-
Hour Ozone NAAQS (Primary and secondary)'' to read as follows:
Sec. 81.314 Illinois.
* * * * *
Illinois--2008 8-Hour Ozone NAAQS
[Primary and secondary]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
St. Louis-St. Charles-Farmington, MO-IL:
\2\
Madison County, Monroe County, St. 3/1/2018 Attainment............................
Clair County
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
* * * * *
[FR Doc. 2018-04094 Filed 2-28-18; 8:45 am]
BILLING CODE 6560-50-P
