Air Plan Approval; Illinois; Redesignation of the Chicago and Granite City Areas to Attainment of the 2008 Lead Standard, 13198-13203 [2018-06128]
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
1. The authority citation for part 52
continues to read as follows:
■
Dated: March 22, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
Authority: 42 U.S.C. 7401 et seq.
Subpart BB—Montana
40 CFR part 52 is amended to read as
follows:
*
§ 52.1370
*
2. Section 52.1370 is amended in the
table in paragraph (d) under the
■
State effective
date
Title/subject
*
centered heading ‘‘(4) Lewis and Clark
County’’ by revising the entry for ‘‘Lead
NAAQS—Board Orders, Stipulations,
Exhibits, and Attachments, Exhibit A—
American Chemet Emissions
Limitations and Conditions, American
Chemet Corporation, East Helena,
Montana’’ to read as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
*
Identification of plan.
*
*
(d) * * *
*
Notice of final
rule date
*
*
*
NFR citation
*
(4) Lewis and Clark County
*
*
*
*
Lead NAAQS—Board Orders, Stipulations, Exhibits, and Attachments, Exhibit
A—American Chemet Emissions Limitations and Conditions, American
Chemet Corporation, East Helena, Montana.
*
*
*
[FR Doc. 2018–06109 Filed 3–27–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2016–0593; FRL–9975–
93—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: Final rule.
AGENCY:
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;
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
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SUMMARY:
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06/10/2013
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implementation of the 2008 lead
NAAQS. EPA proposed this action on
October 18, 2017, and received two
public comments in response.
DATES: This final rule is effective on
March 28, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0593. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Eric
Svingen, Environmental Engineer, at
(312) 353–4489 before visiting the
Region 5 office.
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,
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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: Is used,
we mean EPA. This supplementary
information section is arranged as
follows:
I. What is the background for this final rule?
II. What are EPA’s responses to comments?
III. What actions is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this final
rule?
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),
and November 22, 2011 (76 FR 72097),
EPA designated the Granite City and
Chicago areas, respectively, as
nonattainment for the 2008 lead
NAAQS. See 40 CFR 81.314.
On January 9, 2014, Illinois EPA
submitted to EPA attainment plans for
the 2008 lead NAAQS. This submission
included a request to incorporate into
the Illinois SIP new rules for lead
emission sources at Title 35 Illinois
Administrative Code (Ill. Adm. Code)
Part 226. On June 17, 2014, Illinois EPA
supplemented this submission with
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additional information regarding the
state rulemaking process.
On August 24, 2015 (80 FR 51127),
EPA published a clean data
determination for the Chicago area,
based upon air monitoring data for the
2012–2014 design period showing that
the area achieved attainment of the 2008
Pb NAAQS.
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
maintenance plans 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 the request. On February 16,
2017, Illinois EPA clarified certain
details regarding the maintenance plan
components of its September 22, 2016
submission.
On October 18, 2017 (82 FR 48448),
EPA published a direct final rule
approving Illinois EPA’s request to
redesignate the Chicago and Granite
City nonattainment areas to attainment
for the 2008 lead NAAQS, the state’s
maintenance plans for the areas,
emissions inventories for the areas, and
rules applying emission limits and other
control requirements to lead sources in
the areas. EPA also concurrently issued
a proposal on October 18, 2017 (82 FR
48475). The direct final rule contains a
detailed analysis of Illinois’s submittal
and the applicable requirements for
purpose of redesignation. In the direct
final rule, EPA stated that if adverse
comments were received by November
17, 2017, the rule would be withdrawn
and would not take effect. EPA received
an adverse comment prior to the close
of the comment period; therefore, on
December 8, 2017 (82 FR 57853), EPA
published a withdrawal of the direct
final rule. EPA is addressing that
adverse comment, as well as an
additional comment, in this final action.
II. What are EPA’s responses to
comments?
During the comment period, EPA
received two comments, one of which is
adverse. A summary of both comments
and EPA’s responses are provided
below.
Comment 1: A commenter writes that
EPA ‘‘should request to redesign [sic]
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Chicago and Granite City nonattainment
areas because it will be good for the
environment.’’ The commenter further
writes that ‘‘in order to redesign the
nonattainment areas in Chicago,
workers should look for a solution for
proper sanitation and developing a
better ecosystem. Workers should focus
on the factors that caused the area to
become nonattainment. They should
also measure the environmental
conditions such as the temperature of
the area.’’ The commenter notes that
‘‘high amounts of pollution can put
people’s health at risk’’ and ‘‘if there are
high amounts of pollution in the area
then the area is considered to be
nonattainment.’’
Response 1: This comment does not
provide information that would alter
EPA’s evaluation of the State’s request
to redesignate the Chicago and Granite
City areas, which is based on the
applicable statutory criteria. 82 FR
48448, 48450–56. EPA agrees that high
amounts of pollution can be deleterious
to public health, and notes that Illinois’
control measures at 35 Ill. Adm. Code
Part 226 address the main factors that
caused the areas to be designated as
nonattainment for the 2008 lead
NAAQS.
Comment 2: A commenter writes that
EPA ‘‘shouldn’t approve this
redesignation request due to the
unachievable limits modeled for the
Mayco and H. Kramer sources’’ within
the Granite City and Chicago areas,
respectively. Specifically, the
commenter identifies the following as
sources with ‘‘limits modeled that are
impossible to acheive [sic] in practice’’:
Four sources at H. Kramer with limits of
0.0001 grains per dry standard cubic
foot (gr/dscf); a wet scrubber, existing
baghouse and one power vent at H.
Kramer with limits of 0.00001 gr/dscf;
and unspecified point sources at Mayco
with limits of 0.01 and 0.001 grs/dscf.
Regarding the limit of 0.00001 gr/dscf,
the commenter states that ‘‘filter
cartridge manufacturers state they
cannot guarantee capture efficiency or
even control efficiency at such a minute
standard.’’ The commenter further
writes that ‘‘EPA must be able to show
that these modeled limits are actually
achievable in practice otherwise the
redesignation request is faulted to an
extraordinary degree.’’
Response 2: EPA disagrees with the
commenter’s statements, and notes that
the commenter has supplied no
evidence supporting claims that the
control measures applying to the H.
Kramer and Mayco facilities are
unachievable. EPA is not required by
section 107(d)(3)(E) of the CAA to
demonstrate that permanent and
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federally enforceable measures are
achievable in practice in order to rely on
those measures for purposes of
redesignation. In any case, as discussed
below, Illinois EPA has provided
emissions test information that show the
limits are achievable and are being met.
The lead limits applicable to emission
units at the H. Kramer and Mayco
sources are codified at 35 Ill. Adm. Code
Part 226. EPA notes that the commenter
has mischaracterized the limits that
apply to Mayco. As shown in the
modeling analysis submitted by Illinois
on January 9, 2014, there is no emission
unit at Mayco subject to limits of 0.01
gr/dscf. In fact, the modeling in Illinois’
submission lists four emission units at
Mayco: One baghouse limited to 0.001
gr/dscf, as well as three baghouses
limited to 0.0001 gr/dscf. Similarly, the
modeling lists seven emission units at
H. Kramer: Two powered vents and two
new baghouses limited to 0.0001
gr/dscf, as well as one powered vent,
one older baghouse, and one wet
scrubber limited to 0.00001 gr/dscf.
On December 7, 2017, and on March
14, 2018, in support of this final
rulemaking, Illinois EPA provided EPA
with information relevant to this
comment. That information is provided
in the docket for this rulemaking.
Illinois EPA’s information includes
reports of emissions tests from the H.
Kramer and Mayco facilities, and all
available results indicate compliance
with the applicable limits.
Emissions tests conducted at H.
Kramer in March 2016 indicate that the
average concentration of lead emissions
from H. Kramer’s older baghouse and
wet scrubber are 0.000000602 gr/dscf
and 0.000000738 gr/dscf, respectively,
within the applicable limit of 0.00001
gr/dscf. Tests conducted at H. Kramer in
April 2012 and June 2012 indicate that
the average concentration of lead
emissions from powered vents labeled
‘‘R1COOL’’ AND ‘‘R2COOL’’ are
0.0000531 gr/dscf and 0.0000491
gr/dscf, respectively, within the
applicable limit of 0.0001 gr/dscf, and
the average concentration of lead
emissions from powered vent labeled
‘‘INGOT’’ is 0.0000055 gr/dscf, within
the applicable limit of 0.00001 gr/dscf.
Tests conducted at H. Kramer in
September 2013 indicate that the
average concentration of lead emissions
from new baghouses A and B are
0.000003 gr/dscf and 0.000001 gr/dscf,
respectively, within the applicable limit
of 0.0001 gr/dscf.
Emissions tests conducted at Mayco
in April 2016 and June 2016 also
indicate that the average concentration
of lead emissions from all units are
within applicable limits. Tests of
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Baghouse 1, also identified as ‘‘castrefine baghouse,’’ showed emissions of
0.000081 gr/dscf, within the applicable
limit of 0.0001 gr/dscf. Tests of
Baghouse 2, also identified as ‘‘casting
fugitives baghouse,’’ showed emissions
of 0.000014 gr/dscf, within the
applicable limit of 0.001 gr/dscf. Tests
of Baghouse 3, also identified as ‘‘lead
wool cartridge filter,’’ showed emissions
of 0.000023 gr/dscf, within the
applicable limit of 0.0001 gr/dscf. Tests
of Baghouse 6, also identified as ‘‘shot
department baghouse discharge,’’
showed emissions of 0.000001 gr/dscf,
within the applicable limit of 0.0001
gr/dscf.
All tests were conducted according to
EPA test methods provided at 40 CFR
part 60, appendix A, and all measured
values are within the limits provided at
35 Ill. Adm. Code Part 226. Therefore,
EPA does not agree with commenter
that these limits are unachievable in
practice.
Furthermore, the commenter’s broad
allegation regarding efficiency
guarantees from cartridge manufacturers
does not provide adequate support for
the position that the limits are not
achievable. The commenter did not
include any details about what the
manufacturer purportedly stated as to
the control or capture efficiencies. In the
information provided in December
2017, Illinois EPA noted that
manufacturer statements about control
and capture efficiencies usually apply to
particulate matter emissions and are not
specific to lead emissions. At H. Kramer
and Mayco, lead is a small percentage
of total particulate emitted from each
point source, and lead emissions cannot
be determined without additional
laboratory analysis. Therefore, it is
likely that any claim by a manufacturer
regarding ‘‘capture efficiency’’ or
‘‘control efficiency’’ would not have
been provided specifically with respect
to lead in terms of gr/dscf. As such,
those statements provide no relevant
support for the contention that Illinois’
lead limits are unachievable.
Additionally, monitoring data show
that ambient levels of lead pollution in
these areas have fallen to lower levels
within the standard of 0.15 mg/m3 since
the emission limits and control
measures in 35 Ill. Adm. Code Part 226
became effective. This supports EPA’s
redesignation of the areas to attainment
because it shows the areas continue to
attain the standard, and these
improvements in air quality are due to
permanent and enforceable measures
that result from implementation of the
SIP, which are two of the statutory
criteria that EPA must demonstrate to
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redesignate an area under CAA section
107(d)(3)(E). 82 FR 48454.
III. 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). 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
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. Based upon the analysis
provided in our direct final rule
published on October 18, 2017 (82 FR
48448), EPA finds that Illinois has met
these criteria.
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, maintenance plans 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.
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 of the
October 17, 2017, direct final rule 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.
These rules control emissions from lead
sources, specifically at the H. Kramer
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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.
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. Today’s rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, today’s rule relieves the state of
planning requirements for these lead
nonattainment area. For these reasons,
EPA finds good cause under 5 U.S.C.
553(d)(3) for these actions to become
effective on the date of publication of
these actions.
IV. 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 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.1
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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);
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FR 27968 (May 22, 1997).
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• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 29, 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
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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: March 15, 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 tables in paragraph
(c) and (e) are amended:
■ a. In paragraph (c) under the
subheading ‘‘Subchapter c: Emission
Standards and Limitations for
Stationary Sources’’ by adding the
subheading ‘‘Part 226: Standards And
Limitations For Certain Sources Of
Lead’’ and entries for ‘‘226.100’’ through
‘‘226.185’’ in numerical order;
■ b. In paragraph (e) under the
subheading ‘‘Attainment and
Maintenance Plans’’ by adding an entry
for ‘‘Lead (2008) redesignation and
maintenance plan’’ in alphanumerical
order; and
■ c. In paragraph (e) under the
subheading ‘‘Emission Inventories’’ by
adding the entry ‘‘Emission inventory—
2012 (2008 Lead)’’ in alphanumerical
order.
The additions read as follows:
■
§ 52.720
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EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES
Illinois citation
State
effective
date
Title/subject
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*
*
EPA approval date
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*
Comments
*
*
*
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Subchapter c: Emission Standards and Limitations for Stationary Sources
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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 ....................................
Operational Measurement for
Total Enclosure.
Inspection ...............................
4/21/2014
4/21/2014
4/21/2014
226.175 ....................................
Lead Fugitive Dust Operating
Program.
Emissions Testing ..................
4/21/2014
226.185 ....................................
Recordkeeping and Reporting
4/21/2014
*
*
*
*
*
*
*
*
4/21/2014
3/28/18, [insert Federal
ister citation].
3/28/18, [insert Federal
ister citation].
3/28/18, [insert Federal
ister citation].
3/28/18, [insert Federal
ister citation].
3/28/18, [insert Federal
ister citation].
3/28/18, [insert Federal
ister citation].
3/28/18, [insert Federal
ister citation].
3/28/18, [insert Federal
ister citation].
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ister citation].
3/28/18, [insert Federal
ister citation].
3/28/18, [insert Federal
ister citation].
3/28/18, [insert Federal
ister citation].
3/28/18, [insert Federal
ister citation].
3/28/18, [insert Federal
ister citation].
3/28/18, [insert Federal
ister citation].
*
RegRegRegRegRegRegRegRegRegRegRegRegRegRegReg-
*
(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
*
*
*
*
*
*
*
*
Attainment and Maintenance Plans
daltland on DSKBBV9HB2PROD with RULES
*
Lead (2008) Redesignation
and maintenance plan.
*
*
*
Chicago and Granite City
areas.
*
*
9/22/2016
*
*
3/28/18, [insert Federal Register citation].
*
*
Emission Inventories
*
*
Emission inventory-2012 (2008
Lead).
VerDate Sep<11>2014
16:22 Mar 27, 2018
*
Chicago and Granite City
areas.
Jkt 244001
PO 00000
Frm 00020
*
9/22/2016
Fmt 4700
*
3/28/18, [insert Federal Register citation].
Sfmt 4700
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / 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
*
*
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 table entitled ‘‘Illinois—
2008 Lead NAAQS’’ to read as follows:
■
3. The authority citation for part 81
continues to read as follows:
■
Comments
*
§ 81.314
*
*
*
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
3/28/18
Attainment.
3/28/18
Attainment.
........................
Unclassifiable/Attainment.
Indian Country located in each county or area, except as otherwise specified.
31, 2011 unless otherwise noted.
1 December
[FR Doc. 2018–06128 Filed 3–27–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 170925942–8250–02]
RIN 0648–BH30
International Fisheries; Pacific Tuna
Fisheries; Revised 2018 Commercial
Fishing Restrictions for Pacific Bluefin
Tuna in the Eastern Pacific Ocean;
2018 Catch Limit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule and notice of
availability of a final supplemental
environmental assessment (EA).
daltland on DSKBBV9HB2PROD with RULES
AGENCY:
The National Marine
Fisheries Service is issuing regulations
under the Tuna Conventions Act to
revise trip limits on the commercial
catch of Pacific bluefin tuna applicable
to 2018. U.S. commercial fishing vessels
are subject to a biennial limit for 2017
SUMMARY:
VerDate Sep<11>2014
16:22 Mar 27, 2018
Jkt 244001
and 2018, and the catch limit in 2018 is
114 metric tons (mt). To avoid
exceeding the biennial limit, NMFS is
imposing a 1-mt trip limit—except for
large-mesh drift gillnet vessels, which
would be subject to a 2-mt trip limit—
throughout 2018 or until the 2018 catch
limit is reached and the fishery is
closed. This action is necessary for the
United States to satisfy its obligations as
a member of the Inter-American
Tropical Tuna Commission. This
document also announces the
availability of a final supplemental
Environmental Assessment that
analyzed the environmental impacts of
imposing a reduced trip limit.
DATES: The final rule is effective April
27, 2018.
ADDRESSES: Copies of the supplemental
Environmental Assessment and other
supporting documents are available via
the Federal eRulemaking Portal: https://
www.regulations.gov, docket NOAA–
NMFS–2017–0128, or contact the
Highly Migratory Species Branch Chief,
Heidi Taylor, 501 W. Ocean Blvd., Suite
4200, Long Beach, CA 90802, or
RegionalAdministrator.WCRHMS@
noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Celia Barroso, NMFS, Celia.Barroso@
noaa.gov, 562–432–1850.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
Background
On December 7, 2017, NMFS
published a proposed rule in the
Federal Register (82 FR 57699) to revise
regulations at 50 CFR part 300, subpart
C, for the commercial catch of Pacific
bluefin tuna applicable to U.S.
commercial vessels in 2018. The public
comment period was open until January
8, 2018.
This final rule is implemented under
the authority of the Tuna Conventions
Act (16 U.S.C. 951 et seq.), which
directs the Secretary of Commerce, after
approval by the Secretary of State, to
promulgate regulations as may be
necessary to implement resolutions
adopted by the Inter-American Tropical
Tuna Commission (IATTC). This
authority has been delegated to the
National Marine Fisheries Service
(NMFS).
The proposed rule contains additional
background information, including
information on the IATTC, the
international obligations of the United
States as a member of the IATTC, and
the need for regulations. Public
comments received are addressed
below. The regulatory text in this final
rule is unchanged from the regulatory
text of the proposed rule.
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]]>Agencies
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Rules and Regulations]
[Pages 13198-13203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06128]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2016-0593; FRL-9975-93--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: 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; 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. EPA proposed this action on October 18, 2017, and received two
public comments in response.
DATES: This final rule is effective on March 28, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0593. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Eric Svingen, Environmental Engineer, at (312) 353-
4489 before visiting the Region 5 office.
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,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows: Is used, we mean EPA. This
supplementary information section is arranged as follows:
I. What is the background for this final rule?
II. What are EPA's responses to comments?
III. What actions is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this final rule?
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), and November 22, 2011 (76 FR
72097), EPA designated the Granite City and Chicago areas,
respectively, as nonattainment for the 2008 lead NAAQS. See 40 CFR
81.314.
On January 9, 2014, Illinois EPA submitted to EPA attainment plans
for the 2008 lead NAAQS. This submission included a request to
incorporate into the Illinois SIP new rules for lead emission sources
at Title 35 Illinois Administrative Code (Ill. Adm. Code) Part 226. On
June 17, 2014, Illinois EPA supplemented this submission with
[[Page 13199]]
additional information regarding the state rulemaking process.
On August 24, 2015 (80 FR 51127), EPA published a clean data
determination for the Chicago area, based upon air monitoring data for
the 2012-2014 design period showing that the area achieved attainment
of the 2008 Pb NAAQS.
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 maintenance plans 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 the
request. On February 16, 2017, Illinois EPA clarified certain details
regarding the maintenance plan components of its September 22, 2016
submission.
On October 18, 2017 (82 FR 48448), EPA published a direct final
rule approving Illinois EPA's request to redesignate the Chicago and
Granite City nonattainment areas to attainment for the 2008 lead NAAQS,
the state's maintenance plans for the areas, emissions inventories for
the areas, and rules applying emission limits and other control
requirements to lead sources in the areas. EPA also concurrently issued
a proposal on October 18, 2017 (82 FR 48475). The direct final rule
contains a detailed analysis of Illinois's submittal and the applicable
requirements for purpose of redesignation. In the direct final rule,
EPA stated that if adverse comments were received by November 17, 2017,
the rule would be withdrawn and would not take effect. EPA received an
adverse comment prior to the close of the comment period; therefore, on
December 8, 2017 (82 FR 57853), EPA published a withdrawal of the
direct final rule. EPA is addressing that adverse comment, as well as
an additional comment, in this final action.
II. What are EPA's responses to comments?
During the comment period, EPA received two comments, one of which
is adverse. A summary of both comments and EPA's responses are provided
below.
Comment 1: A commenter writes that EPA ``should request to redesign
[sic] Chicago and Granite City nonattainment areas because it will be
good for the environment.'' The commenter further writes that ``in
order to redesign the nonattainment areas in Chicago, workers should
look for a solution for proper sanitation and developing a better
ecosystem. Workers should focus on the factors that caused the area to
become nonattainment. They should also measure the environmental
conditions such as the temperature of the area.'' The commenter notes
that ``high amounts of pollution can put people's health at risk'' and
``if there are high amounts of pollution in the area then the area is
considered to be nonattainment.''
Response 1: This comment does not provide information that would
alter EPA's evaluation of the State's request to redesignate the
Chicago and Granite City areas, which is based on the applicable
statutory criteria. 82 FR 48448, 48450-56. EPA agrees that high amounts
of pollution can be deleterious to public health, and notes that
Illinois' control measures at 35 Ill. Adm. Code Part 226 address the
main factors that caused the areas to be designated as nonattainment
for the 2008 lead NAAQS.
Comment 2: A commenter writes that EPA ``shouldn't approve this
redesignation request due to the unachievable limits modeled for the
Mayco and H. Kramer sources'' within the Granite City and Chicago
areas, respectively. Specifically, the commenter identifies the
following as sources with ``limits modeled that are impossible to
acheive [sic] in practice'': Four sources at H. Kramer with limits of
0.0001 grains per dry standard cubic foot (gr/dscf); a wet scrubber,
existing baghouse and one power vent at H. Kramer with limits of
0.00001 gr/dscf; and unspecified point sources at Mayco with limits of
0.01 and 0.001 grs/dscf. Regarding the limit of 0.00001 gr/dscf, the
commenter states that ``filter cartridge manufacturers state they
cannot guarantee capture efficiency or even control efficiency at such
a minute standard.'' The commenter further writes that ``EPA must be
able to show that these modeled limits are actually achievable in
practice otherwise the redesignation request is faulted to an
extraordinary degree.''
Response 2: EPA disagrees with the commenter's statements, and
notes that the commenter has supplied no evidence supporting claims
that the control measures applying to the H. Kramer and Mayco
facilities are unachievable. EPA is not required by section
107(d)(3)(E) of the CAA to demonstrate that permanent and federally
enforceable measures are achievable in practice in order to rely on
those measures for purposes of redesignation. In any case, as discussed
below, Illinois EPA has provided emissions test information that show
the limits are achievable and are being met.
The lead limits applicable to emission units at the H. Kramer and
Mayco sources are codified at 35 Ill. Adm. Code Part 226. EPA notes
that the commenter has mischaracterized the limits that apply to Mayco.
As shown in the modeling analysis submitted by Illinois on January 9,
2014, there is no emission unit at Mayco subject to limits of 0.01 gr/
dscf. In fact, the modeling in Illinois' submission lists four emission
units at Mayco: One baghouse limited to 0.001 gr/dscf, as well as three
baghouses limited to 0.0001 gr/dscf. Similarly, the modeling lists
seven emission units at H. Kramer: Two powered vents and two new
baghouses limited to 0.0001 gr/dscf, as well as one powered vent, one
older baghouse, and one wet scrubber limited to 0.00001 gr/dscf.
On December 7, 2017, and on March 14, 2018, in support of this
final rulemaking, Illinois EPA provided EPA with information relevant
to this comment. That information is provided in the docket for this
rulemaking.
Illinois EPA's information includes reports of emissions tests from
the H. Kramer and Mayco facilities, and all available results indicate
compliance with the applicable limits.
Emissions tests conducted at H. Kramer in March 2016 indicate that
the average concentration of lead emissions from H. Kramer's older
baghouse and wet scrubber are 0.000000602 gr/dscf and 0.000000738 gr/
dscf, respectively, within the applicable limit of 0.00001 gr/dscf.
Tests conducted at H. Kramer in April 2012 and June 2012 indicate that
the average concentration of lead emissions from powered vents labeled
``R1COOL'' AND ``R2COOL'' are 0.0000531 gr/dscf and 0.0000491 gr/dscf,
respectively, within the applicable limit of 0.0001 gr/dscf, and the
average concentration of lead emissions from powered vent labeled
``INGOT'' is 0.0000055 gr/dscf, within the applicable limit of 0.00001
gr/dscf. Tests conducted at H. Kramer in September 2013 indicate that
the average concentration of lead emissions from new baghouses A and B
are 0.000003 gr/dscf and 0.000001 gr/dscf, respectively, within the
applicable limit of 0.0001 gr/dscf.
Emissions tests conducted at Mayco in April 2016 and June 2016 also
indicate that the average concentration of lead emissions from all
units are within applicable limits. Tests of
[[Page 13200]]
Baghouse 1, also identified as ``cast-refine baghouse,'' showed
emissions of 0.000081 gr/dscf, within the applicable limit of 0.0001
gr/dscf. Tests of Baghouse 2, also identified as ``casting fugitives
baghouse,'' showed emissions of 0.000014 gr/dscf, within the applicable
limit of 0.001 gr/dscf. Tests of Baghouse 3, also identified as ``lead
wool cartridge filter,'' showed emissions of 0.000023 gr/dscf, within
the applicable limit of 0.0001 gr/dscf. Tests of Baghouse 6, also
identified as ``shot department baghouse discharge,'' showed emissions
of 0.000001 gr/dscf, within the applicable limit of 0.0001 gr/dscf.
All tests were conducted according to EPA test methods provided at
40 CFR part 60, appendix A, and all measured values are within the
limits provided at 35 Ill. Adm. Code Part 226. Therefore, EPA does not
agree with commenter that these limits are unachievable in practice.
Furthermore, the commenter's broad allegation regarding efficiency
guarantees from cartridge manufacturers does not provide adequate
support for the position that the limits are not achievable. The
commenter did not include any details about what the manufacturer
purportedly stated as to the control or capture efficiencies. In the
information provided in December 2017, Illinois EPA noted that
manufacturer statements about control and capture efficiencies usually
apply to particulate matter emissions and are not specific to lead
emissions. At H. Kramer and Mayco, lead is a small percentage of total
particulate emitted from each point source, and lead emissions cannot
be determined without additional laboratory analysis. Therefore, it is
likely that any claim by a manufacturer regarding ``capture
efficiency'' or ``control efficiency'' would not have been provided
specifically with respect to lead in terms of gr/dscf. As such, those
statements provide no relevant support for the contention that
Illinois' lead limits are unachievable.
Additionally, monitoring data show that ambient levels of lead
pollution in these areas have fallen to lower levels within the
standard of 0.15 [mu]g/m\3\ since the emission limits and control
measures in 35 Ill. Adm. Code Part 226 became effective. This supports
EPA's redesignation of the areas to attainment because it shows the
areas continue to attain the standard, and these improvements in air
quality are due to permanent and enforceable measures that result from
implementation of the SIP, which are two of the statutory criteria that
EPA must demonstrate to redesignate an area under CAA section
107(d)(3)(E). 82 FR 48454.
III. 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).
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 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. Based upon the analysis provided in our direct final
rule published on October 18, 2017 (82 FR 48448), EPA finds that
Illinois has met these criteria.
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, maintenance plans 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.
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 of the October 17, 2017, direct final
rule 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. 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.
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. Today's rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, today's rule relieves the state
of planning requirements for these lead nonattainment area. For these
reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these
actions to become effective on the date of publication of these
actions.
IV. 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 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 13201]]
Director of the Federal Register in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 29, 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, Lead, Reporting and
recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: March 15, 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 tables in paragraph (c) and (e) are amended:
0
a. In paragraph (c) under the subheading ``Subchapter c: Emission
Standards and Limitations for Stationary Sources'' by adding the
subheading ``Part 226: Standards And Limitations For Certain Sources Of
Lead'' and entries for ``226.100'' through ``226.185'' in numerical
order;
0
b. In paragraph (e) under the subheading ``Attainment and Maintenance
Plans'' by adding an entry for ``Lead (2008) redesignation and
maintenance plan'' in alphanumerical order; and
0
c. In paragraph (e) under the subheading ``Emission Inventories'' by
adding the entry ``Emission inventory--2012 (2008 Lead)'' in
alphanumerical order.
The additions read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
[[Page 13202]]
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 3/28/18, [insert
Federal Register
citation].
226.105.......................... Scope and 4/21/2014 3/28/18, [insert
Organization. Federal Register
citation].
226.110.......................... Abbreviations and 4/21/2014 3/28/18, [insert
Acronyms. Federal Register
citation].
226.115.......................... Definitions......... 4/21/2014 3/28/18, [insert
Federal Register
citation].
226.120.......................... Incorporations by 4/21/2014 3/28/18, [insert
Reference. Federal Register
citation].
226.125.......................... Applicability....... 4/21/2014 3/28/18, [insert
Federal Register
citation].
226.130.......................... Compliance Date..... 4/21/2014 3/28/18, [insert
Federal Register
citation].
226.140.......................... Lead Emission 4/21/2014 3/28/18, [insert
Standards. Federal Register
citation].
226.150.......................... Operational 4/21/2014 3/28/18, [insert
Monitoring for Federal Register
Control Device. citation].
226.155.......................... Total Enclosure..... 4/21/2014 3/28/18, [insert
Federal Register
citation].
226.160.......................... Operational 4/21/2014 3/28/18, [insert
Measurement for Federal Register
Total Enclosure. citation].
226.165.......................... Inspection.......... 4/21/2014 3/28/18, [insert
Federal Register
citation].
226.170.......................... Lead Fugitive Dust 4/21/2014 3/28/18, [insert
Operating Program. Federal Register
citation].
226.175.......................... Emissions Testing... 4/21/2014 3/28/18, [insert
Federal Register
citation].
226.185.......................... Recordkeeping and 4/21/2014 3/28/18, [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) Redesignation and Chicago and Granite 9/22/2016 3/28/18, [insert
maintenance plan. City areas. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Emission Inventories
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Emission inventory-2012 (2008 Chicago and Granite 9/22/2016 3/28/18, [insert
Lead). City areas. Federal Register
citation].
[[Page 13203]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
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)............ 3/28/18 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)......... 3/28/18 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. 2018-06128 Filed 3-27-18; 8:45 am]
BILLING CODE 6560-50-P
