Air Quality Designation; Illinois; Indiana; Revised Designation of Illinois and Indiana 2012 PM2.5, 50556-50560 [2018-21878]
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Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules
designated as nonattainment for the
1997 8-hour ozone NAAQS on April 6,
2015.
Attainment status designations for
Illinois are found at 40 CFR 81.314.
With respect to the 1997 8-hour ozone
NAAQS, all areas in Illinois attained the
1997 8-hour ozone NAAQS prior to
April 6, 2015. See 77 FR 25363 (April
30, 2012) and 77 FR 48062 (August 13,
2012). Since all areas in Illinois were
designated as attainment or
unclassifiable/attainment on April 6,
2015 for the 1997 8-hour ozone NAAQS,
the anti-backsliding requirements of 40
CFR 51.165(a)(12) do not apply for the
2008 8-hour ozone NAAQS.
Accordingly, Illinois’ approved SIP does
not contain the anti-backsliding
provisions set forth in 40 CFR
51.165(a)(12).
IV. Proposed Action
EPA is proposing to approve Illinois’
May 23, 2018 SIP revision addressing
the NNSR requirements for the 2008
ozone NAAQS for the Chicago
Nonattainment Area. EPA has
concluded that Illinois’ submission
fulfills the 40 CFR 51.1114 revision
requirement, meets the requirements of
CAA sections 110 and 172 and the
minimum SIP requirements of 40 CFR
51.165, as well as its obligations under
EPA’s February 3 and December 11,
2017 findings.
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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);
• 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.);
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• 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).
The proposed rule approving Illinois’
2008 8-hour ozone NAAQS NNSR SIP
revision 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 25, 2018.
James Payne,
Acting Regional Administrator, Region 5.
[FR Doc. 2018–21877 Filed 10–5–18; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R05–OAR–2018–0368; EPA–R05–
OAR–2018–0556; FRL–9985–10–Region 5]
Air Quality Designation; Illinois;
Indiana; Revised Designation of Illinois
and Indiana 2012 PM2.5 Unclassifiable
Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
Illinois’ May 8, 2018 request to revise
the designation for the entire state of
Illinois from unclassifiable to
unclassifiable/attainment and Indiana’s
July 3, 2018 request to revise the
designation for the Indiana portions of
the Chicago IL-IN and Louisville KY-IN
(herein referred to as Chicago and
Louisville) areas from unclassifiable to
unclassifiable/attainment for the 2012
primary and secondary annual fine
particulate matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS). EPA is proposing to approve
these requests because valid, qualityassured, and certified ambient air
monitoring data show that the PM2.5
monitors in the areas are meeting the
2012 primary and secondary annual
PM2.5 NAAQS. This includes data from
monitors in Illinois where data
substitution rules have been applied
consistent with applicable regulations.
DATES: Comments must be received on
or before November 8, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2018–0368 (Illinois) or EPA–R05–
OAR–2018–0556 (Indiana) at https://
www.regulations.gov, or via email to
aburano.douglass@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
SUMMARY:
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on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Michelle Becker, Life Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–3901,
becker.michelle@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
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I. Background
II. What are the criteria for redesignating an
area from unclassifiable to
unclassifiable/attainment?
III. What is EPA’s rationale for proposing to
revise the designation areas?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Background
The Clean Air Act (CAA) establishes
a process for air quality management
through the establishment and
implementation of the NAAQS. After
the promulgation of a new or revised
NAAQS, EPA is required to designate
areas, pursuant to section 107(d)(1) of
the CAA, as attainment, nonattainment,
or unclassifiable. On December 14,
2012, EPA promulgated a revised
primary annual PM2.5 NAAQS to
provide increased protection of public
health from fine particle pollution (78
FR 3086, January 15, 2013). In that
action, EPA revised the primary annual
PM2.5 standard from 15.0 micrograms
per cubic meter (mg/m3) to 12.0 mg/m3,
which is attained when the 3-year
average of the annual arithmetic mean
concentration does not exceed 12.0 mg/
m3. See also 40 CFR 50.18. EPA
established the standards based on
significant evidence and numerous
health studies demonstrating that
serious health effects are associated
with exposures to fine particulate
matter.
The process for designating areas
following promulgation of a new or
revised NAAQS is contained in section
107(d)(1) of the CAA. On January 15,
2015 (80 FR 2206) and April 7, 2015 (80
FR 18535), EPA designated areas across
the country as nonattainment,
unclassifiable, or unclassifiable/
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attainment for the PM2.5 NAAQS based
upon air quality monitoring data from
monitors for calendar years 2011–2013
or 2012–2014.
In the first action referenced above,
EPA designated the entire state of
Illinois, including the multi-state areas
of Chicago, IL-IN and St. Louis, MO-IL
(herein referred to as St. Louis), as
unclassifiable because the ambient air
quality monitoring sites lacked
complete data for the relevant periods,
which were from 2011–2013. Therefore,
EPA could not determine, based on
available information, whether those
areas were meeting the 2012 PM2.5
NAAQS. EPA also designated the
Louisville area as nonattainment, based
on monitoring data for Clark and Floyd
counties for 2011–2013 showing that a
monitor in Clark County had a design
value above the standard.
On April 7, 2015 (80 FR 18535), EPA
changed the Louisville area initial
designation from nonattainment to
unclassifiable. Although Indiana
submitted complete, quality-assured
and certified 2014 data from the Clark
County monitor showing it was
attaining the NAAQS, EPA noted that an
air quality determination was not
possible due to invalid monitoring data
for neighboring Jefferson County,
Kentucky.
On May 8, 2018, Illinois submitted to
EPA a request to ‘‘redesignate’’ the State
of Illinois, including the St. Louis area,
from unclassifiable to unclassifiable/
attainment based on three years of
quality-assured, certified ambient air
monitoring data for the three-year
period of 2015–2017.
On July 3, 2018, Indiana submitted to
EPA a request to ‘‘redesignate’’ the
Louisville and Chicago areas from
unclassifiable to unclassifiable/
attainment based on three years of
quality-assured, certified ambient air
monitoring data for the three-year
period of 2015–2017.
II. What are the criteria for revising a
designation an area from unclassifiable
to unclassifiable/attainment?
Section 107(d)(3) of the CAA provides
the framework for changing the area
designations for any NAAQS pollutants.
Section 107(d)(3)(A) provides that the
Administrator may notify the Governor
of any state that the designation of an
area should be revised ‘‘on the basis of
air quality data, planning and control
considerations, or any other air qualityrelated considerations the Administrator
deems appropriate.’’ The CAA further
provides in section 107(d)(3)(D) that
even if the Administrator has not
notified a state Governor that a
designation should be revised, the
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50557
Governor of any state may, on the
Governor’s own motion, submit a
request to revise the designation of any
area, and the Administrator must
approve or deny the request.
When approving or denying a request
to redesignate an area, EPA bases its
decision on the air quality data for the
area as well as the considerations
provided under section 107(d)(3)(A).
While CAA section 107(d)(3)(E) lists
specific requirements for redesignations,
those requirements only apply to
redesignations of nonattainment areas to
attainment and therefore are not
applicable in this context of a revised
designation of an area from
unclassifiable to unclassifiable/
attainment. In keeping with section
107(d)(3)(A), areas that request a revised
designation to unclassifiable/attainment
must meet the requirements for
attainment areas and thus must meet the
relevant NAAQS. The relevant
monitoring data must be collected and
quality-assured in accordance with 40
CFR part 58 and recorded in the EPA
Air Quality System (AQS) database. The
designated monitors generally should
have remained at the same location for
the duration of the monitoring period
upon which the revised designation
request is based.1
Additionally, appendix N of 40 CFR
part 50 specifies the data handling
conventions and computations
necessary for determining when the
NAAQS for PM2.5 are met. Appendix N
contains data substitution tests, which
allow incomplete monitoring data to be
considered valid in certain instances
prescribed by the rules. Appendix N
also provides that, when the data
substitution test conditions do not
apply, EPA may consider other factors,
such as monitoring site closures/moves,
monitoring diligence, the consistency
and levels of the daily values that are
available, and nearby concentrations in
determining whether to use such data.
See 4.1(d) of appendix N.
III. What is EPA’s rationale for
proposing to revise the designation
areas?
In order to revise the designation of
an area from unclassifiable to
unclassifiable/attainment for the 2012
primary and secondary annual PM2.5
NAAQS, the 3-year average of annual
arithmetic mean concentrations (i.e.,
design value) over the most recent 3year period must be less than or equal
to 12.0 mg/m3 at all monitoring sites in
1 See Memorandum from John Calcagni, Director,
EPA Air Quality Management Division, entitled
‘‘Procedures for Processing Requests to Redesignate
Areas to Attainment’’ (September 4, 1992).
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the area over the full 3-year period, as
determined in accordance with 40 CFR
50.18 and appendix N of part 50. EPA
reviewed PM2.5 monitoring data from
monitoring stations in the state of
Illinois as well as the multi-state areas
of St. Louis, Chicago, and Louisville for
the 2012 primary and secondary annual
PM2.5 NAAQS for the 3-year period of
2015–2017. These data have been
quality-assured, certified, and recorded
in AQS by Illinois, Indiana, Kentucky,
and Missouri. As summarized in Tables
1–4, the design values for the monitors
in the areas for the 2015–2017 period
are below the 2012 primary and
secondary annual PM2.5 NAAQS.
TABLE 1—2012 ANNUAL PM2.5 DESIGN VALUES FOR MONITORS IN THE CHICAGO, IL-IN AREA FOR 2015–2017
Local site name
Monitoring site
Alsip .........................................................................................................................................................................
Washington High School .........................................................................................................................................
Mayfair Pump Station ..............................................................................................................................................
Springfield Pump Station .........................................................................................................................................
Com Ed ....................................................................................................................................................................
Schiller Park .............................................................................................................................................................
Summit .....................................................................................................................................................................
Des Plaines ..............................................................................................................................................................
Northbrook ...............................................................................................................................................................
Cicero .......................................................................................................................................................................
Naperville .................................................................................................................................................................
Elgin .........................................................................................................................................................................
Aurora ......................................................................................................................................................................
Cary .........................................................................................................................................................................
Joliet .........................................................................................................................................................................
Braidwood ................................................................................................................................................................
Washington School ..................................................................................................................................................
Gary Water * ............................................................................................................................................................
Purdue Calumet Powers Building * ..........................................................................................................................
Water Treatment Plant * ..........................................................................................................................................
2015–2017
design value
(μg/m3)
17–031–0001
17–031–0022
17–031–0052
17–031–0057
17–031–0076
17–031–3103
17–031–3301
17–031–4007
17–031–4201
17–031–6005
17–043–4002
17–089–0003
17–089–0007
17–111–0001
17–197–1002
17–197–1011
18–089–0006
18–089–0031
18–089–2004
18–127–0024
9.5
9.3
9.1
10.2
9.5
10.5
9.7
9.4
8.4
10.0
8.3
8.3
8.3
+ 8.2
7.9
7.9
9.3
9.2
8.7
8.3
* Indiana monitor.
+ Data incomplete.
TABLE 2—2012 ANNUAL PM2.5 DESIGN VALUES FOR ST. LOUIS, MO–IL MONITORS FOR 2015–2017
Local site name
Monitoring site
Jerseyville ................................................................................................................................................................
Granite City ..............................................................................................................................................................
Alton .........................................................................................................................................................................
Wood River ..............................................................................................................................................................
Houston ....................................................................................................................................................................
East St. Louis ..........................................................................................................................................................
Blair Street * .............................................................................................................................................................
South Broadway * ....................................................................................................................................................
Arnold West * ...........................................................................................................................................................
Ladue * .....................................................................................................................................................................
Forest Park * ............................................................................................................................................................
2015–2017
design value
(μg/m3)
+ 8.8
17–083–0117
17–119–1007
17–119–2009
17–119–3007
17–157–0001
17–163–0010
29–510–0085
29–510–0007
29–099–0019
29–189–3001
29–510–0094
9.7
8.8
8.7
8.5
9.8
8.8
8.7
9.3
9.4
8.5
* Missouri Monitor.
+ Data incomplete.
TABLE 3—2012 ANNUAL PM2.5 DESIGN VALUES FOR MONITORS IN REMAINING ILLINOIS AREAS FOR 2015–2017
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Local site name
Monitoring site
Champaign ...............................................................................................................................................................
Bondville ..................................................................................................................................................................
Knight Prairie ...........................................................................................................................................................
Normal .....................................................................................................................................................................
Decatur ....................................................................................................................................................................
Peoria .......................................................................................................................................................................
Rock Island ..............................................................................................................................................................
Springfield ................................................................................................................................................................
Rockford ...................................................................................................................................................................
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17–019–0006
17–019–1001
17–065–0002
17–113–2003
17–115–0013
17–143–0037
17–161–3002
17–167–0012
17–201–0013
2015–2017
design value
(μg/m3)
7.9
7.8
8.2
8.0
8.4
8.2
8.1
8.2
8.3
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Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules
TABLE 4—2012 ANNUAL PM2.5 DESIGN VALUES FOR MONITORS IN THE LOUISVILLE AREA FOR 2015–2017
Local site name
Monitoring site
Jefferson PFAU * .....................................................................................................................................................
Charlestown State Park * .........................................................................................................................................
Green Valley Elementary School * ..........................................................................................................................
Southwick .................................................................................................................................................................
Watson Lane ............................................................................................................................................................
Cannons Lane .........................................................................................................................................................
Durrett Lane .............................................................................................................................................................
18–019–0006
18–019–0008
18–043–1004
21–111–0043
21–111–0051
21–111–0067
21–111–0075
2015–2017
design value
(μg/m 3)
9.6
8.0
8.5
9.7
9.2
8.6
9.4
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* Indiana monitors.
There are two groups of monitoring
sites with incomplete data and for
which data substitution rules were
applied under appendix N of 40 CFR
part 50. First, Illinois had eight
monitoring sites with a data capture rate
below 75 percent during at least one
quarter, but had valid PM2.5 annual
design values after applicable data
substitution test conditions were
applied consistent with section 4.1(c) of
appendix N under 40 CFR part 50.
These substitution rules were
automatically applied in the EPA AQS
database, and the data from these
monitors all meet the 2012 PM2.5
NAAQS.2
Second, Illinois had two monitoring
sites, Cary (17–111–0001) and
Jerseyville (17–183–0117), that had at
least one calendar quarter of data
capture below 75 percent and did not
meet the substitution test conditions
under section 4.1(c) of appendix N.
Because the substitution test conditions
were not applicable, EPA considered
other factors under section 4.1(d) of
appendix N, such as monitoring site
closures/moves, the consistency of daily
levels, and nearby concentrations in
determining whether the data from the
monitors was valid. In addition, EPA
performed a substitution test similar to
the test methods specified in 4.1(c).
Based on consideration of these factors,
EPA determined that the data from these
monitors could be used and the data
showed that the areas were meeting the
PM2.5 NAAQS, as described in the tables
above. For more information regarding
EPA’s analyses, see the Technical
Support Document titled ‘‘Evaluation of
IL Monitors without valid 2017 PM2.5
Design Values’’ (July 2, 2018).
Because the 3-year design values,
based on valid, quality-assured data,
demonstrate that the areas meet the
2 AQS contains ambient air pollution data
collected by EPA, state, local, and tribal air
pollution control agencies from over thousands of
monitors and is used to assess air quality, assist in
attainment/non-attainment designations, evaluate
SIPs for non-attainment areas, and perform
modeling for permit review analysis.
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2012 primary and secondary annual
PM2.5 standards, EPA is proposing to
revise the designations of the entire
state of Illinois, and the Indiana
portions of the Chicago and Louisville
areas from unclassifiable to
unclassifiable/attainment for this
NAAQS.
IV. What action is EPA taking?
EPA is proposing to approve Illinois’
May 8, 2018 request to revise the
designation of the entire state from
unclassifiable to unclassifiable/
attainment as well as Indiana’s July 3,
2018 request to revise the designation of
the Indiana portions of the Louisville
and Chicago areas for the 2012 primary
and secondary annual PM2.5 NAAQS. If
finalized, approval of the revised
designations requests would change the
legal designation, found at 40 CFR part
81, for the state of Illinois and the
Indiana counties of Lake, Porter, Clark,
and Floyd from unclassifiable to
unclassifiable/attainment for the 2012
primary and secondary annual PM2.5
NAAQS.
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
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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).
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List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, Particulate matter.
Dated: September 25, 2018.
James Payne,
Acting Regional Administrator, Region 5.
[FR Doc. 2018–21878 Filed 10–5–18; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2018–0043;
4500030113]
RIN 1018–BD13
Endangered and Threatened Wildlife
and Plants; Threatened Species Status
for Black-Capped Petrel With a Section
4(d) Rule
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
list the black-capped petrel (Pterodroma
hasitata), a pelagic seabird species that
nests on the island of Hispaniola and
forages off the coast of the eastern
United States, as a threatened species
under the Endangered Species Act of
1973, as amended (Act). If we finalize
this rule as proposed, it would extend
the Act’s protections to this species. We
are also proposing a rule issued under
section 4(d) of the Act to provide for the
conservation of this species. We have
determined that designation of critical
habitat for the black-capped petrel is not
prudent at this time, but are seeking
public comment on that determination.
DATES: We will accept comments
received or postmarked on or before
December 10, 2018. Comments
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES, below) must be received by
11:59 p.m. Eastern Time on the closing
date. We must receive requests for
public hearings, in writing, at the
address shown in FOR FURTHER
INFORMATION CONTACT by November 23,
2018.
ADDRESSES: You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R4–ES–2018–0043, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the Search panel on
amozie on DSK3GDR082PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
18:49 Oct 05, 2018
Jkt 247001
the left side of the screen, under the
Document Type heading, click on the
Proposed Rule box to locate this
document. You may submit a comment
by clicking on ‘‘Comment Now!’’
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R4–ES–2018–
0043; U.S. Fish and Wildlife Service,
MS: BPHC, 5275 Leesburg Pike, Falls
Church, VA 22041–3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see
Information Requested, below, for more
information).
FOR FURTHER INFORMATION CONTACT:
Edwin Mun˜iz, Field Supervisor, U.S.
Fish and Wildlife Service, Caribbean
Ecological Services Field Office, P.O.
Box 491, Road 301 Km 5.1, Boquero´n,
PR; telephone 787–851–7297. Persons
who use a telecommunications device
for the deaf (TDD) may call the Federal
Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend that any final action
resulting from this proposed rule will be
based on the best scientific and
commercial data available and be as
accurate and as effective as possible.
Therefore, we request comments or
information from other concerned
governmental agencies, Native
American tribes, the scientific
community, industry, or any other
interested parties concerning this
proposed rule. Because we will consider
all comments and information we
receive during the comment period, our
final determination may differ from this
proposal. We particularly seek
comments concerning:
(1) The black-capped petrel’s biology,
range, and population trends, including:
(a) Biological or ecological
requirements of the species, including
habitat requirements for feeding,
breeding, and sheltering that apply to
both the foraging and nesting areas;
(b) Genetics and taxonomy;
(c) Historical and current range,
including distribution patterns;
(d) Historical and current population
levels, and current and projected trends;
and
(e) Past and ongoing conservation
measures for the species, its habitat, or
both.
(2) Factors that may affect the
continued existence of the species,
which may include habitat modification
or destruction, overutilization, disease,
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
predation, the inadequacy of existing
regulatory mechanisms, or other natural
or manmade factors on both the nesting
and foraging grounds and migratory
routes, including:
(a) Impacts to prey species;
(b) Predicted changes in the Gulf
Stream current due to climate change;
(c) Impacts from offshore and coastal
lighting;
(d) Impacts from offshore oil and gas
exploration, development, production,
and operations; and
(e) Impacts from offshore wind energy
operations.
(3) Biological, commercial trade, or
other relevant data concerning any
threats (or lack thereof) to this species
and existing regulations that may be
addressing those threats.
(4) Additional information concerning
the historical and current status, range,
distribution, and population size of this
species, including confirmed locations
of any additional populations of this
species.
(5) Information on nesting sites on the
islands of Cuba or Dominica, or other
Caribbean islands.
(6) Information concerning activities
that should be considered under a rule
issued in accordance with section 4(d)
of the Act (16 U.S.C. 1531 et seq.) as a
prohibition or exemption within U.S.
territory that would contribute to the
conservation of the species.
(7) The reasons why we should or
should not designate habitat as ‘‘critical
habitat’’ under section 4 of the Act,
including whether there are threats to
the species from human activity, the
degree of which can be expected to
increase due to the designation, and
whether a designation could increase
threats to the species such that the
designation of critical habitat may not
be prudent. We specifically request
information on foraging habitat for the
petrel, the only habitat located within
U.S. jurisdiction, and its relationship to
the biological needs of the species, to
help us determine whether such habitat
meets the definition of critical habitat
under the Act.
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in
ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES.
Please include sufficient information
with your submission (such as scientific
journal articles or other publications) to
allow us to verify any scientific or
commercial information you include.
All comments submitted electronically
via https://www.regulations.gov will be
presented on the website in their
entirety as submitted. For comments
E:\FR\FM\09OCP1.SGM
09OCP1
]]>Agencies
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Proposed Rules]
[Pages 50556-50560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21878]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R05-OAR-2018-0368; EPA-R05-OAR-2018-0556; FRL-9985-10-Region 5]
Air Quality Designation; Illinois; Indiana; Revised Designation
of Illinois and Indiana 2012 PM2.5 Unclassifiable Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve Illinois' May 8, 2018 request to revise the designation for the
entire state of Illinois from unclassifiable to unclassifiable/
attainment and Indiana's July 3, 2018 request to revise the designation
for the Indiana portions of the Chicago IL-IN and Louisville KY-IN
(herein referred to as Chicago and Louisville) areas from
unclassifiable to unclassifiable/attainment for the 2012 primary and
secondary annual fine particulate matter (PM2.5) National
Ambient Air Quality Standards (NAAQS). EPA is proposing to approve
these requests because valid, quality-assured, and certified ambient
air monitoring data show that the PM2.5 monitors in the
areas are meeting the 2012 primary and secondary annual
PM2.5 NAAQS. This includes data from monitors in Illinois
where data substitution rules have been applied consistent with
applicable regulations.
DATES: Comments must be received on or before November 8, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0368 (Illinois) or EPA-R05-OAR-2018-0556 (Indiana) at https://www.regulations.gov, or via email to [email protected]. For
comments submitted at Regulations.gov, follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. For either manner of submission, EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e.
[[Page 50557]]
on the web, cloud, or other file sharing system). For additional
submission methods, please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section. For the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Michelle Becker, Life Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-3901,
[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:
I. Background
II. What are the criteria for redesignating an area from
unclassifiable to unclassifiable/attainment?
III. What is EPA's rationale for proposing to revise the designation
areas?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Background
The Clean Air Act (CAA) establishes a process for air quality
management through the establishment and implementation of the NAAQS.
After the promulgation of a new or revised NAAQS, EPA is required to
designate areas, pursuant to section 107(d)(1) of the CAA, as
attainment, nonattainment, or unclassifiable. On December 14, 2012, EPA
promulgated a revised primary annual PM2.5 NAAQS to provide
increased protection of public health from fine particle pollution (78
FR 3086, January 15, 2013). In that action, EPA revised the primary
annual PM2.5 standard from 15.0 micrograms per cubic meter
([mu]g/m\3\) to 12.0 [mu]g/m\3\, which is attained when the 3-year
average of the annual arithmetic mean concentration does not exceed
12.0 [mu]g/m\3\. See also 40 CFR 50.18. EPA established the standards
based on significant evidence and numerous health studies demonstrating
that serious health effects are associated with exposures to fine
particulate matter.
The process for designating areas following promulgation of a new
or revised NAAQS is contained in section 107(d)(1) of the CAA. On
January 15, 2015 (80 FR 2206) and April 7, 2015 (80 FR 18535), EPA
designated areas across the country as nonattainment, unclassifiable,
or unclassifiable/attainment for the PM2.5 NAAQS based upon
air quality monitoring data from monitors for calendar years 2011-2013
or 2012-2014.
In the first action referenced above, EPA designated the entire
state of Illinois, including the multi-state areas of Chicago, IL-IN
and St. Louis, MO-IL (herein referred to as St. Louis), as
unclassifiable because the ambient air quality monitoring sites lacked
complete data for the relevant periods, which were from 2011-2013.
Therefore, EPA could not determine, based on available information,
whether those areas were meeting the 2012 PM2.5 NAAQS. EPA
also designated the Louisville area as nonattainment, based on
monitoring data for Clark and Floyd counties for 2011-2013 showing that
a monitor in Clark County had a design value above the standard.
On April 7, 2015 (80 FR 18535), EPA changed the Louisville area
initial designation from nonattainment to unclassifiable. Although
Indiana submitted complete, quality-assured and certified 2014 data
from the Clark County monitor showing it was attaining the NAAQS, EPA
noted that an air quality determination was not possible due to invalid
monitoring data for neighboring Jefferson County, Kentucky.
On May 8, 2018, Illinois submitted to EPA a request to
``redesignate'' the State of Illinois, including the St. Louis area,
from unclassifiable to unclassifiable/attainment based on three years
of quality-assured, certified ambient air monitoring data for the
three-year period of 2015-2017.
On July 3, 2018, Indiana submitted to EPA a request to
``redesignate'' the Louisville and Chicago areas from unclassifiable to
unclassifiable/attainment based on three years of quality-assured,
certified ambient air monitoring data for the three-year period of
2015-2017.
II. What are the criteria for revising a designation an area from
unclassifiable to unclassifiable/attainment?
Section 107(d)(3) of the CAA provides the framework for changing
the area designations for any NAAQS pollutants. Section 107(d)(3)(A)
provides that the Administrator may notify the Governor of any state
that the designation of an area should be revised ``on the basis of air
quality data, planning and control considerations, or any other air
quality-related considerations the Administrator deems appropriate.''
The CAA further provides in section 107(d)(3)(D) that even if the
Administrator has not notified a state Governor that a designation
should be revised, the Governor of any state may, on the Governor's own
motion, submit a request to revise the designation of any area, and the
Administrator must approve or deny the request.
When approving or denying a request to redesignate an area, EPA
bases its decision on the air quality data for the area as well as the
considerations provided under section 107(d)(3)(A). While CAA section
107(d)(3)(E) lists specific requirements for redesignations, those
requirements only apply to redesignations of nonattainment areas to
attainment and therefore are not applicable in this context of a
revised designation of an area from unclassifiable to unclassifiable/
attainment. In keeping with section 107(d)(3)(A), areas that request a
revised designation to unclassifiable/attainment must meet the
requirements for attainment areas and thus must meet the relevant
NAAQS. The relevant monitoring data must be collected and quality-
assured in accordance with 40 CFR part 58 and recorded in the EPA Air
Quality System (AQS) database. The designated monitors generally should
have remained at the same location for the duration of the monitoring
period upon which the revised designation request is based.\1\
---------------------------------------------------------------------------
\1\ See Memorandum from John Calcagni, Director, EPA Air Quality
Management Division, entitled ``Procedures for Processing Requests
to Redesignate Areas to Attainment'' (September 4, 1992).
---------------------------------------------------------------------------
Additionally, appendix N of 40 CFR part 50 specifies the data
handling conventions and computations necessary for determining when
the NAAQS for PM2.5 are met. Appendix N contains data
substitution tests, which allow incomplete monitoring data to be
considered valid in certain instances prescribed by the rules. Appendix
N also provides that, when the data substitution test conditions do not
apply, EPA may consider other factors, such as monitoring site
closures/moves, monitoring diligence, the consistency and levels of the
daily values that are available, and nearby concentrations in
determining whether to use such data. See 4.1(d) of appendix N.
III. What is EPA's rationale for proposing to revise the designation
areas?
In order to revise the designation of an area from unclassifiable
to unclassifiable/attainment for the 2012 primary and secondary annual
PM2.5 NAAQS, the 3-year average of annual arithmetic mean
concentrations (i.e., design value) over the most recent 3-year period
must be less than or equal to 12.0 [micro]g/m\3\ at all monitoring
sites in
[[Page 50558]]
the area over the full 3-year period, as determined in accordance with
40 CFR 50.18 and appendix N of part 50. EPA reviewed PM2.5
monitoring data from monitoring stations in the state of Illinois as
well as the multi-state areas of St. Louis, Chicago, and Louisville for
the 2012 primary and secondary annual PM2.5 NAAQS for the 3-
year period of 2015-2017. These data have been quality-assured,
certified, and recorded in AQS by Illinois, Indiana, Kentucky, and
Missouri. As summarized in Tables 1-4, the design values for the
monitors in the areas for the 2015-2017 period are below the 2012
primary and secondary annual PM2.5 NAAQS.
Table 1--2012 Annual PM2.5 Design Values for Monitors in the Chicago, IL-
IN Area for 2015-2017
------------------------------------------------------------------------
2015-2017
Local site name Monitoring design value
site ([mu]g/m\3\)
------------------------------------------------------------------------
Alsip................................... 17-031-0001 9.5
Washington High School.................. 17-031-0022 9.3
Mayfair Pump Station.................... 17-031-0052 9.1
Springfield Pump Station................ 17-031-0057 10.2
Com Ed.................................. 17-031-0076 9.5
Schiller Park........................... 17-031-3103 10.5
Summit.................................. 17-031-3301 9.7
Des Plaines............................. 17-031-4007 9.4
Northbrook.............................. 17-031-4201 8.4
Cicero.................................. 17-031-6005 10.0
Naperville.............................. 17-043-4002 8.3
Elgin................................... 17-089-0003 8.3
Aurora.................................. 17-089-0007 8.3
Cary.................................... 17-111-0001 \+\ 8.2
Joliet.................................. 17-197-1002 7.9
Braidwood............................... 17-197-1011 7.9
Washington School....................... 18-089-0006 9.3
Gary Water *............................ 18-089-0031 9.2
Purdue Calumet Powers Building *........ 18-089-2004 8.7
Water Treatment Plant *................. 18-127-0024 8.3
------------------------------------------------------------------------
* Indiana monitor.
+ Data incomplete.
Table 2--2012 Annual PM2.5 Design Values for St. Louis, MO-IL Monitors
for 2015-2017
------------------------------------------------------------------------
2015-2017
Local site name Monitoring design value
site ([mu]g/m\3\)
------------------------------------------------------------------------
Jerseyville............................. 17-083-0117 \+\ 8.8
Granite City............................ 17-119-1007 9.7
Alton................................... 17-119-2009 8.8
Wood River.............................. 17-119-3007 8.7
Houston................................. 17-157-0001 8.5
East St. Louis.......................... 17-163-0010 9.8
Blair Street *.......................... 29-510-0085 8.8
South Broadway *........................ 29-510-0007 8.7
Arnold West *........................... 29-099-0019 9.3
Ladue *................................. 29-189-3001 9.4
Forest Park *........................... 29-510-0094 8.5
------------------------------------------------------------------------
* Missouri Monitor.
+ Data incomplete.
Table 3--2012 Annual PM2.5 Design Values for Monitors in Remaining
Illinois Areas for 2015-2017
------------------------------------------------------------------------
2015-2017
Local site name Monitoring design value
site ([mu]g/m\3\)
------------------------------------------------------------------------
Champaign............................... 17-019-0006 7.9
Bondville............................... 17-019-1001 7.8
Knight Prairie.......................... 17-065-0002 8.2
Normal.................................. 17-113-2003 8.0
Decatur................................. 17-115-0013 8.4
Peoria.................................. 17-143-0037 8.2
Rock Island............................. 17-161-3002 8.1
Springfield............................. 17-167-0012 8.2
Rockford................................ 17-201-0013 8.3
------------------------------------------------------------------------
[[Page 50559]]
Table 4--2012 Annual PM2.5 Design Values for Monitors in the Louisville
Area for 2015-2017
------------------------------------------------------------------------
2015-2017
Local site name Monitoring design value
site ([mu]g/m \3\)
------------------------------------------------------------------------
Jefferson PFAU *........................ 18-019-0006 9.6
Charlestown State Park *................ 18-019-0008 8.0
Green Valley Elementary School *........ 18-043-1004 8.5
Southwick............................... 21-111-0043 9.7
Watson Lane............................. 21-111-0051 9.2
Cannons Lane............................ 21-111-0067 8.6
Durrett Lane............................ 21-111-0075 9.4
------------------------------------------------------------------------
* Indiana monitors.
There are two groups of monitoring sites with incomplete data and
for which data substitution rules were applied under appendix N of 40
CFR part 50. First, Illinois had eight monitoring sites with a data
capture rate below 75 percent during at least one quarter, but had
valid PM2.5 annual design values after applicable data
substitution test conditions were applied consistent with section
4.1(c) of appendix N under 40 CFR part 50. These substitution rules
were automatically applied in the EPA AQS database, and the data from
these monitors all meet the 2012 PM2.5 NAAQS.\2\
---------------------------------------------------------------------------
\2\ AQS contains ambient air pollution data collected by EPA,
state, local, and tribal air pollution control agencies from over
thousands of monitors and is used to assess air quality, assist in
attainment/non-attainment designations, evaluate SIPs for non-
attainment areas, and perform modeling for permit review analysis.
---------------------------------------------------------------------------
Second, Illinois had two monitoring sites, Cary (17-111-0001) and
Jerseyville (17-183-0117), that had at least one calendar quarter of
data capture below 75 percent and did not meet the substitution test
conditions under section 4.1(c) of appendix N. Because the substitution
test conditions were not applicable, EPA considered other factors under
section 4.1(d) of appendix N, such as monitoring site closures/moves,
the consistency of daily levels, and nearby concentrations in
determining whether the data from the monitors was valid. In addition,
EPA performed a substitution test similar to the test methods specified
in 4.1(c). Based on consideration of these factors, EPA determined that
the data from these monitors could be used and the data showed that the
areas were meeting the PM2.5 NAAQS, as described in the
tables above. For more information regarding EPA's analyses, see the
Technical Support Document titled ``Evaluation of IL Monitors without
valid 2017 PM2.5 Design Values'' (July 2, 2018).
Because the 3-year design values, based on valid, quality-assured
data, demonstrate that the areas meet the 2012 primary and secondary
annual PM2.5 standards, EPA is proposing to revise the
designations of the entire state of Illinois, and the Indiana portions
of the Chicago and Louisville areas from unclassifiable to
unclassifiable/attainment for this NAAQS.
IV. What action is EPA taking?
EPA is proposing to approve Illinois' May 8, 2018 request to revise
the designation of the entire state from unclassifiable to
unclassifiable/attainment as well as Indiana's July 3, 2018 request to
revise the designation of the Indiana portions of the Louisville and
Chicago areas for the 2012 primary and secondary annual
PM2.5 NAAQS. If finalized, approval of the revised
designations requests would change the legal designation, found at 40
CFR part 81, for the state of Illinois and the Indiana counties of
Lake, Porter, Clark, and Floyd from unclassifiable to unclassifiable/
attainment for the 2012 primary and secondary annual PM2.5
NAAQS.
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).
[[Page 50560]]
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Particulate
matter.
Dated: September 25, 2018.
James Payne,
Acting Regional Administrator, Region 5.
[FR Doc. 2018-21878 Filed 10-5-18; 8:45 am]
BILLING CODE 6560-50-P
