Air Plan Approval; Illinois; Permit-by-Rule Provisions, 50854-50857 [2018-21876]
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50854
Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations
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
addressing Pennsylvania’s interstate
transport requirements for the 2012
PM2.5 NAAQS, may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2)).
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Applicable
geographic
area
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10/11/17
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0276; FRL–9985–11–
Region 5]
Air Plan Approval; Illinois; Permit-byRule Provisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Illinois State Implementation Plan
(SIP) to establish a general framework
for permits-by-rule (PBR) and
specifically provide a PBR for small
boilers. In addition, EPA is approving
other state provisions that are affected
by the addition of the PBR regulations,
as well as minor changes in
nomenclature. EPA proposed to approve
these revisions on July 18, 2018.
DATES: This final rule is effective on
November 9, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0276. 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
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State
submittal
date
*
Statewide .......
[FR Doc. 2018–21665 Filed 10–9–18; 8:45 am]
SUMMARY:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Authority: 42 U.S.C. 7401 et seq.
*
*
40 CFR part 52 is amended as follows:
1. The authority citation for part 52
continues to read as follows:
*
*
Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5 NAAQS.
*
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding a second
entry for ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2012
PM2.5 NAAQS’’ after the first entry
entitled the same to read as follows:
■
■
Name of non-regulatory SIP revision
*
Subpart NN—Pennsylvania
§ 52.2020
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter.
*
Dated: September 24, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
EPA approval date
*
10/10/18, [insert
Federal Register
citation].
I. Background
II. What comments did we receive on the
proposed action?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On May 2, 2017, the Illinois
Environmental Protection Agency
(IEPA) submitted a SIP revision to
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Additional explanation
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Docket No. 2018–0054. This action addresses the infrastructure element of
CAA section 110(a)(2)(D)(i)(I).
*
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 Danny
Marcus, Environmental Engineer, at
(312) 353–8781 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Danny Marcus, Environmental Engineer,
Air Permits Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–8781, marcus.danny@
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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Identification of plan.
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(e) * * *
(1) * * *
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establish a general framework for a PBR
program. PBR programs establish a
streamlined process that allows an
individual applicant to notify the
reviewing authority that it meets the
eligibility criteria for the permit and the
permit conditions rather than going
through a reviewing authority review
and approval process.
Specifically, the SIP revision consists
of: (1) IEPA revisions to 35 IAC Part 201
to add a new Subpart M (35 IAC 201.500
through 201.540), which establishes
general provisions for a PBR program;
(2) IEPA revisions to Part 201 to add
Subpart N to 35 IAC Part 201 (35 IAC
201.600 through 201.635), which
establishes PBR requirements for boilers
burning certain types of fuel and with
heat input capacities of less than or
equal to 100 Million British Thermal
Units per Hour (MMBtu/hr); (3) IEPA
revisions to 35 IAC 201.103 and 35 IAC
211.4720 to change and add certain
abbreviations and definitions related to
the new PBR rules; (4) IEPA revisions to
35 IAC 201.104, incorporation by
reference, to reference regulations
contained in the PBR program; and (5)
IEPA revisions to 35 IAC 201.146 to
change the abbreviation of ‘‘mmbtu/hr’’
to ‘‘MMBtu/hr.’’
II. What comments did we receive on
the proposed action?
Our July 18, 2018 proposed rule (83
FR 33894) provided a 30-day review and
comment period. The comment period
closed on August 17, 2018. EPA
received one unrelated comment. This
comment is outside the scope of this
rulemaking and does not provide
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information that would alter EPA’s
evaluation of the proposed rule, which
is based on applicable statutory criteria.
III. What action is EPA taking?
EPA is approving Illinois’ general PBR
program contained in Subpart M, the
PBR for boilers less than or equal to 100
MMBtu/hr contained in Subpart N,
changes to other SIP rules affected by
the PBR regulations, and minor changes
in nomenclature because they meet all
applicable requirements under the CAA.
Specifically, EPA is approving into the
Illinois SIP IAC Sections 201.103(a) and
(b); 201.104(a), (c), (d), and (e);
201.146(c), (d), (h), (i), and (fff); 201.500;
201.505; 201.510; 201.515; 201.520;
201.525; 201.530; 201.535; 201.540;
201.600; 201.605; 201.610; 201.615;
201.620; 201.625; 201.630; 201.635; and
211.4720. EPA is not acting on the
revisions to IAC Section 201.146(mmm)
for the reasons discussed in the
proposal (at 83 FR 33897).
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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 in the next
update to the SIP compilation.1
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act 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 Clean Air Act. Accordingly, this
action merely approves state law as
meeting Federal requirements and does
1 62
FR 27968 (May 22, 1997).
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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 Clean Air Act;
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
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50855
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 10,
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 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.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.720, the table in paragraph
(c) is amended by:
■ a. Under ‘‘201: Permits and General
Provisions’’:
■ i. Revising the entries for 201.103 and
201.104 under ‘‘Subpart A: Definitions’’.
■ ii. Revising the entry for 201.146
under ‘‘Subpart C: Prohibitions’’.
■ iii. Adding headings after the entry for
201.408 titled ‘‘Subpart M: Permit By
Rule (PBR)—General Provisions’’ with
entries for 201.500 through 201.540 and
‘‘Subpart N: Permit By Rule (PBR)—
Boilers Less Than Or Equal To 100
■
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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations
MMBtu/hr’’ with entries for 201.600
through 201.635.
■ b. Revising the entry for 211.4720
under ‘‘Part 211: Definitions and
§ 52.720
General Provisions’’, ‘‘Subpart B:
Definitions’’.
The revisions and additions read as
follows:
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Identification of plan.
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(c) * * *
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EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES
Illinois citation
*
State effective
date
Title/subject
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Part 201: Permits and General Provisions
Subpart A: Definitions
*
201.103 ..........
*
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Abbreviations and Units ..............................
*
3/24/2017
201.104 ..........
Incorporations by Reference .......................
3/24/2017
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201.146 ..........
*
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Exemptions From State Permit Requirements.
*
*
3/24/2017
3/24/2017
201.505 ..........
Applicability ..................................................
3/24/2017
201.510 ..........
Notice of Intent to Be Covered By a PBR
(Notification).
Commencing Construction or Modification
3/24/2017
3/24/2017
201.525 ..........
Modification or Change in Status of an
Emission Unit Covered by a PBR.
Standard Conditions for PBR ......................
3/24/2017
201.530 ..........
Recordkeeping and Reporting ....................
3/24/2017
201.535 ..........
Authority to Operate ....................................
3/24/2017
201.540 ..........
Enforcement Authority .................................
3/24/2017
201.520 ..........
*
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10/10/2018, [Insert Federal Register citation].
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Subpart M: Permit By Rule (PBR)—General Provisions
Purpose .......................................................
3/24/2017
Comments
*
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10/10/2018, [Insert Federal Register citation].
10/10/2018, [Insert Federal Register citation].
*
Subpart C: Prohibitions
201.500 ..........
201.515 ..........
EPA approval date
10/10/2018,
tion].
10/10/2018,
tion].
10/10/2018,
tion].
10/10/2018,
tion].
10/10/2018,
tion].
10/10/2018,
tion].
10/10/2018,
tion].
10/10/2018,
tion].
10/10/2018,
tion].
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Except (b).
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Except (mmm).
*
[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita-
Subpart N: Permit By Rule (PBR)—Boilers Less Than Or Equal To 100 MMBtu/hr
201.600 ..........
Applicability ..................................................
3/24/2017
201.605 ..........
Boiler Notice of Intent to Be Covered by a
PBR (Notification) 201.610.
Opacity Requirements .................................
3/24/2017
201.615 ..........
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201.620 ..........
3/24/2017
201.625 ..........
Requirements for Use of Diesel Fuel and
Refinery Fuel Gas 201.625.
Carbon Monoxide (CO) Requirements .......
3/24/2017
201.630 ..........
Nitrogen Oxide (NOX) Requirements ..........
3/24/2017
201.635 ..........
PBR Boiler Reporting Requirements ..........
3/24/2017
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tion].
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tion].
10/10/2018,
tion].
10/10/2018,
tion].
[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita-
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Part 211: Definitions and General Provisions
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EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES—Continued
Illinois citation
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211.4720 ........
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BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 150121066–5717–02]
RIN 0648–XG534
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; General
category October–November fishery for
2018; inseason bluefin tuna quota
transfer and closure.
AGENCY:
NMFS transfers 55 metric
tons (mt) of Atlantic bluefin tuna (BFT)
quota to the General category October
through November 2018 subquota
period (40 mt from the Harpoon
category and 15 mt from the Reserve
category) and closes the General
category fishery for large medium and
giant BFT until the General category
reopens on December 1, 2018. The quota
transfer is intended to provide
additional fishing opportunities based
on consideration of the regulatory
determination criteria regarding
inseason adjustments and applies to
Atlantic tunas General category
(commercial) permitted vessels and
Atlantic Highly Migratory Species
(HMS) Charter/Headboat category
permitted vessels with a commercial
sale endorsement when fishing
commercially for BFT. Given that the
adjusted quota is projected to be caught
quickly, the closure is to prevent
overharvest of the adjusted General
category October through November
2018 BFT subquota.
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SUMMARY:
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The quota transfer is effective
October 4, 2018, through November 30,
2018. The closure is effective 11:30
p.m., local time, October 5, 2018,
through November 30, 2018.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Brad McHale,
978–281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and as implemented by the United
States among the various domestic
fishing categories, per the allocations
established in the 2006 Consolidated
Highly Migratory Species Fishery
Management Plan (2006 Consolidated
HMS FMP) (71 FR 58058, October 2,
2006), as amended by Amendment 7 to
the 2006 Consolidated HMS FMP
(Amendment 7) (79 FR 71510, December
2, 2014). NMFS is required under ATCA
and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a
reasonable opportunity to harvest the
ICCAT-recommended quota.
NMFS is required, under regulations
at § 635.28(a)(1), to file a closure notice
for publication with the Office of the
Federal Register when a BFT quota is
reached or is projected to be reached.
On and after the effective date and time
of such notification, for the remainder of
the fishing year or for a specified period
as indicated in the notification,
retaining, possessing, or landing BFT
under that quota category is prohibited
until the opening of the subsequent
quota period or until such date as
specified in the notice.
The current baseline General and
Reserve category quotas are 466.7 mt
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Comments
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10/10/2018, [Insert Federal Register citation].
DATES:
[FR Doc. 2018–21876 Filed 10–9–18; 8:45 am]
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EPA approval date
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Subpart B: Definitions
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State effective
date
Title/subject
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and 24.8 mt, respectively. See
§ 635.27(a). Each of the General category
time periods (January, June through
August, September, October through
November, and December) is allocated a
‘‘subquota’’ or portion of the annual
General category quota. Although it is
called the ‘‘January’’ subquota, the
regulations allow the General category
fishery under this quota to continue
until the subquota is reached or March
31, whichever comes first. The
subquotas for each time period are as
follows: 24.7 mt for January; 233.3 mt
for June through August; 123.7 mt for
September; 60.7 mt for October through
November; and 24.3 mt for December.
Any unused General category quota
rolls forward within the fishing year,
which coincides with the calendar year,
from one time period to the next, and
is available for use in subsequent time
periods. To date for 2018, NMFS has
published four actions that have
adjusted the available 2018 Reserve
category quota, leaving 18.5 mt
currently available (83 FR 9232, March
5, 2018; 83 FR 17110, April 18, 2018; 83
FR 38664, August 7, 2018; and 83 FR
47843, September 21, 2018). In the
Harpoon category, the base annual
subquota was 38.6 mt but was adjusted
to 68.6 mt with a transfer of 30 mt from
the Reserve category in August 2018 (83
FR 38664, August 7, 2018). The category
has had no landings since the August
transfer.
Although NMFS has published a
proposed rule (83 FR 31517, July 6,
2018) that would increase the baseline
U.S. bluefin tuna quota from 1,058.79
mt to 1,247.86 mt and accordingly
increase the subquotas for 2018
(including an expected increase in the
General category October through
November time period subquota from
60.7 mt to 72.2 mt, consistent with the
annual bluefin tuna quota calculation
process established in § 635.27(a)), the
final rule (the ‘‘quota rule’’) has not yet
filed for public inspection with the
Office of the Federal Register and is not
yet effective.
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]]>Agencies
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Rules and Regulations]
[Pages 50854-50857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21876]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2017-0276; FRL-9985-11-Region 5]
Air Plan Approval; Illinois; Permit-by-Rule Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Illinois State Implementation Plan (SIP) to establish
a general framework for permits-by-rule (PBR) and specifically provide
a PBR for small boilers. In addition, EPA is approving other state
provisions that are affected by the addition of the PBR regulations, as
well as minor changes in nomenclature. EPA proposed to approve these
revisions on July 18, 2018.
DATES: This final rule is effective on November 9, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2017-0276. 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 Danny Marcus, Environmental Engineer, at (312) 353-
8781 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Danny Marcus, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-8781, [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 comments did we receive on the proposed action?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On May 2, 2017, the Illinois Environmental Protection Agency (IEPA)
submitted a SIP revision to establish a general framework for a PBR
program. PBR programs establish a streamlined process that allows an
individual applicant to notify the reviewing authority that it meets
the eligibility criteria for the permit and the permit conditions
rather than going through a reviewing authority review and approval
process.
Specifically, the SIP revision consists of: (1) IEPA revisions to
35 IAC Part 201 to add a new Subpart M (35 IAC 201.500 through
201.540), which establishes general provisions for a PBR program; (2)
IEPA revisions to Part 201 to add Subpart N to 35 IAC Part 201 (35 IAC
201.600 through 201.635), which establishes PBR requirements for
boilers burning certain types of fuel and with heat input capacities of
less than or equal to 100 Million British Thermal Units per Hour
(MMBtu/hr); (3) IEPA revisions to 35 IAC 201.103 and 35 IAC 211.4720 to
change and add certain abbreviations and definitions related to the new
PBR rules; (4) IEPA revisions to 35 IAC 201.104, incorporation by
reference, to reference regulations contained in the PBR program; and
(5) IEPA revisions to 35 IAC 201.146 to change the abbreviation of
``mmbtu/hr'' to ``MMBtu/hr.''
II. What comments did we receive on the proposed action?
Our July 18, 2018 proposed rule (83 FR 33894) provided a 30-day
review and comment period. The comment period closed on August 17,
2018. EPA received one unrelated comment. This comment is outside the
scope of this rulemaking and does not provide
[[Page 50855]]
information that would alter EPA's evaluation of the proposed rule,
which is based on applicable statutory criteria.
III. What action is EPA taking?
EPA is approving Illinois' general PBR program contained in Subpart
M, the PBR for boilers less than or equal to 100 MMBtu/hr contained in
Subpart N, changes to other SIP rules affected by the PBR regulations,
and minor changes in nomenclature because they meet all applicable
requirements under the CAA. Specifically, EPA is approving into the
Illinois SIP IAC Sections 201.103(a) and (b); 201.104(a), (c), (d), and
(e); 201.146(c), (d), (h), (i), and (fff); 201.500; 201.505; 201.510;
201.515; 201.520; 201.525; 201.530; 201.535; 201.540; 201.600; 201.605;
201.610; 201.615; 201.620; 201.625; 201.630; 201.635; and 211.4720. EPA
is not acting on the revisions to IAC Section 201.146(mmm) for the
reasons discussed in the proposal (at 83 FR 33897).
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 in the next
update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
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 Clean Air Act.
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 Clean Air Act; 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 10, 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 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.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.720, the table in paragraph (c) is amended by:
0
a. Under ``201: Permits and General Provisions'':
0
i. Revising the entries for 201.103 and 201.104 under ``Subpart A:
Definitions''.
0
ii. Revising the entry for 201.146 under ``Subpart C: Prohibitions''.
0
iii. Adding headings after the entry for 201.408 titled ``Subpart M:
Permit By Rule (PBR)--General Provisions'' with entries for 201.500
through 201.540 and ``Subpart N: Permit By Rule (PBR)--Boilers Less
Than Or Equal To 100
[[Page 50856]]
MMBtu/hr'' with entries for 201.600 through 201.635.
0
b. Revising the entry for 211.4720 under ``Part 211: Definitions and
General Provisions'', ``Subpart B: Definitions''.
The revisions and additions read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Illinois Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State
Illinois citation Title/subject effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part 201: Permits and General Provisions
Subpart A: Definitions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
201.103................ Abbreviations and 3/24/2017 10/10/2018, [Insert ...........................
Units. Federal Register
citation].
201.104................ Incorporations by 3/24/2017 10/10/2018, [Insert Except (b).
Reference. Federal Register
citation].
* * * * * * *
Subpart C: Prohibitions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
201.146................ Exemptions From 3/24/2017 10/10/2018, [Insert Except (mmm).
State Permit Federal Register
Requirements. citation].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Subpart M: Permit By Rule (PBR)--General Provisions
----------------------------------------------------------------------------------------------------------------
201.500................ Purpose............. 3/24/2017 10/10/2018, [Insert ...........................
Federal Register
citation].
201.505................ Applicability....... 3/24/2017 10/10/2018, [Insert ...........................
Federal Register
citation].
201.510................ Notice of Intent to 3/24/2017 10/10/2018, [Insert ...........................
Be Covered By a PBR Federal Register
(Notification). citation].
201.515................ Commencing 3/24/2017 10/10/2018, [Insert ...........................
Construction or Federal Register
Modification. citation].
201.520................ Modification or 3/24/2017 10/10/2018, [Insert ...........................
Change in Status of Federal Register
an Emission Unit citation].
Covered by a PBR.
201.525................ Standard Conditions 3/24/2017 10/10/2018, [Insert ...........................
for PBR. Federal Register
citation].
201.530................ Recordkeeping and 3/24/2017 10/10/2018, [Insert ...........................
Reporting. Federal Register
citation].
201.535................ Authority to Operate 3/24/2017 10/10/2018, [Insert ...........................
Federal Register
citation].
201.540................ Enforcement 3/24/2017 10/10/2018, [Insert ...........................
Authority. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Subpart N: Permit By Rule (PBR)--Boilers Less Than Or Equal To 100 MMBtu/hr
----------------------------------------------------------------------------------------------------------------
201.600................ Applicability....... 3/24/2017 10/10/2018, [Insert ...........................
Federal Register
citation].
201.605................ Boiler Notice of 3/24/2017 10/10/2018, [Insert ...........................
Intent to Be Federal Register
Covered by a PBR citation].
(Notification)
201.610.
201.615................ Opacity Requirements 3/24/2017 10/10/2018, [Insert ...........................
Federal Register
citation].
201.620................ Requirements for Use 3/24/2017 10/10/2018, [Insert ...........................
of Diesel Fuel and Federal Register
Refinery Fuel Gas citation].
201.625.
201.625................ Carbon Monoxide (CO) 3/24/2017 10/10/2018, [Insert ...........................
Requirements. Federal Register
citation].
201.630................ Nitrogen Oxide (NOX) 3/24/2017 10/10/2018, [Insert ...........................
Requirements. Federal Register
citation].
201.635................ PBR Boiler Reporting 3/24/2017 10/10/2018, [Insert ...........................
Requirements. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part 211: Definitions and General Provisions
----------------------------------------------------------------------------------------------------------------
[[Page 50857]]
* * * * * * *
Subpart B: Definitions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
211.4720............... Pipeline Natural Gas 3/24/2017 10/10/2018, [Insert ...........................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-21876 Filed 10-9-18; 8:45 am]
BILLING CODE 6560-50-P
