Air Plan Approval; Illinois; Redesignation of the Illinois Portion of the St. Louis, MO-IL Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter, 24395-24398 [2019-10970]
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EPA APPROVED GEORGIA REGULATIONS—Continued
State citation
EPA approval date
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391–3–1–.02(2)(nnn) .........
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NOX Emissions from
Large Stationary Gas
Turbines.
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4/20/2003
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5/28/2019, [insert Federal
Register citation].
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391–3–1–.02(5) .................
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Open Burning ...................
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7/13/2006
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5/28/2019, [insert Federal
Register citation].
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[FR Doc. 2019–10969 Filed 5–24–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52 and 81
[EPA–R05–OAR–2018–0842; FRL–9994–11–
Region 5]
Air Plan Approval; Illinois;
Redesignation of the Illinois Portion of
the St. Louis, MO-IL Area to Attainment
of the 1997 Annual Standard for Fine
Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is redesignating the
Illinois portion of the St. Louis, MO-IL,
nonattainment area (hereafter, ‘‘the St.
Louis area’’) to attainment for the 1997
fine particulate matter (PM2.5) annual
national ambient air quality standard
(NAAQS or standard). The Illinois
portion of the St. Louis area includes
Madison, Monroe, and St. Clair
counties, and Baldwin Township in
Randolph county. EPA is taking this
action because it has determined that
the St. Louis area is attaining the annual
1997 PM2.5 standard based on the most
recent three years of certified air quality
data. EPA is also approving a revision
to the Illinois state implementation plan
(SIP) for maintaining the 1997 annual
PM2.5 NAAQS through 2030. Illinois’
maintenance plan submission includes
an updated emissions inventory, which
includes emissions inventories for
PM2.5, nitrogen oxides (NOX), sulfur
dioxide (SO2) volatile organic
compounds (VOCs) and ammonia. The
maintenance plan submission also
includes motor vehicle emission
budgets (MVEBs) for the mobile source
SUMMARY:
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State effective
date
Title/subject
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Except
subparagraph
391–3–1–
.02(5)(c), which was approved on
July 10, 2001, with a state-effective
date of August 16, 2000.
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contribution of PM2.5 and NOX to the St.
Louis PM2.5 area for transportation
conformity purposes. EPA is approving
and updating both the emissions
inventory and MVEBs. EPA is taking
these actions in accordance with the
Clean Air Act (CAA) and EPA’s
implementation rule regarding the 1997
PM2.5 NAAQS.
DATES: This final rule is effective on
May 28, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0842. 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 Michelle
Becker, Life Scientist, at (312) 886–3901
before visiting the Region 5 office.
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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Explanation
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I. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. Background
On December 6, 2018, Illinois
submitted a request to EPA to
redesignate the St. Louis area to
attainment for the 1997 PM2.5 annual
standard, and to approve the
maintenance plan, MVEBs, and 2008
emissions inventory for the area. In an
action published on March 21, 2019 (84
FR 10461), EPA proposed to redesignate
the area and approve several actions
related to the redesignation. Additional
background and details regarding this
final action can be found in the March
21, 2019, proposed rule. The comment
period for this proposed rulemaking
closed on April 22, 2019. No comments
were received for this proposed rule.
II. What action is EPA taking?
EPA is approving a change to the
official designation of the St. Louis area
for the 1997 annual PM2.5 NAAQS,
found at 40 CFR part 81, from
nonattainment to attainment. EPA is
approving a determination that the St.
Louis area has attained the 1997 annual
PM2.5 standard, based on the most
recent three years of certified air quality
data. This action also approves the
maintenance plan for the 1997 annual
PM2.5 NAAQS as revision to the Illinois
SIP for the St. Louis area. EPA is also
approving an emissions inventory
which includes primary PM2.5, NOX,
SO2, VOCs, and ammonia from 2008
and MVEBs for the St. Louis area. These
MVEBs will be used in future
transportation conformity analyses for
the area.
In The Fine Particulate Matter
National Ambient Air Quality
Standards: State Implementation Plan
Requirements final rule (final PM2.5 SIP
requirements rule), EPA revoked the
1997 primary annual PM2.5 NAAQS in
areas that had always been attainment
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for that NAAQS, and in areas that had
been designated as nonattainment but
that were redesignated to attainment
before October 24, 2016, the rule’s
effective date. See 81 FR 58010, August
24, 2016. EPA also finalized a provision
that revokes the 1997 primary annual
PM2.5 NAAQS in areas that are
redesignated to attainment for that
NAAQS after October 24, 2016, effective
on the effective date of the redesignation
of the area to attainment for that
NAAQS. See 40 CFR 50.13(d).
EPA is redesignating the Illinois
portion of the St. Louis area to
attainment for the 1997 annual PM2.5
NAAQS and approving the CAA section
175A maintenance plan for the 1997
primary annual PM2.5 NAAQS for the
reasons described in the March 21,
2019, proposed action.1 The 1997
primary annual PM2.5 NAAQS will be
revoked in the area on the effective date
of this redesignation. Beginning on that
date, the area will no longer be subject
to transportation or general conformity
requirements for the 1997 annual PM2.5
NAAQS due to the revocation of the
primary NAAQS. See 81 FR 58125,
August 24, 2016. The area will be
required to implement the CAA section
175A maintenance plan for the 1997
primary annual PM2.5 NAAQS and the
Prevention of Significant Deterioration
(PSD) program for the 1997 annual
PM2.5 NAAQS. Once approved, the
maintenance plan could only be revised
if the revision meets the requirements of
CAA section 110(l) and, if applicable,
CAA section 193. The area would not be
required to submit a second 10-year
maintenance plan for the 1997 primary
annual PM2.5 NAAQS. See 81 FR 58144,
August 24, 2016.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for these
actions to become effective immediately
upon publication. This is because a
delayed effective date is unnecessary
due to the nature of a redesignation to
attainment, which relieves the area from
certain CAA requirements that would
otherwise apply to it. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
1 CAA section 175A(a) establishes the
requirements that must be fulfilled by
nonattainment areas in order to be redesignated to
attainment. That section only requires that
nonattainment areas for the primary standard
submit a plan addressing maintenance of the
primary NAAQS in order to be redesignated to
attainment; it does not require nonattainment areas
for secondary NAAQS to submit maintenance plans
in order to be redesignated to attainment. See 42
U.S.C. 7505a(a).
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recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in section 553(d) is to
give affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. This
rulemaking, however, does not create
any new regulatory requirements such
that affected parties would need time to
prepare before the rule takes effect.
Rather, today’s rule relieves the state of
planning requirements for this PM2.5
nonattainment area. For these reasons,
EPA finds good cause under 5 U.S.C.
553(d)(3) for these actions to become
effective on the date of publication of
these actions.
III. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
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substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 29, 2019. Filing a petition
for reconsideration by the Administrator
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Federal Register / Vol. 84, No. 102 / Tuesday, May 28, 2019 / Rules and Regulations
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR Part 81
2. In § 52.720, the table in paragraph
(e) is amended by:
■ a. Adding an entry under ‘‘Attainment
and Maintenance Plans’’ for ‘‘PM2.5
(1997)-maintenance plan and motor
vehicle emissions budgets’’ before the
entry ‘‘Sulfur dioxide (2010)
nonattainment plans’’.
■ b. Adding an entry under ‘‘Emissions
inventories’’ for ‘‘Emissions
inventories—2008 (NOX, primary PM2.5,
SO2, ammonia, and VOC)’’ before the
entry ‘‘Emission inventory—2011 (2008
8-hour ozone).’’
The additions read as follows:
■
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: May 14, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
Title 40 CFR parts 52 and 81 are
amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
§ 52.720
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Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
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(e) * * *
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EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable geographic
or nonattainment area
Name of SIP provision
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State
submittal
date
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EPA approval date
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Comments
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Attainment and Maintenance Plans
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PM2.5 (1997)—maintenance plan and motor vehi- St. Louis area ...............
cle emissions budgets.
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12/6/2018
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5/28/2019, [Insert Federal Register citation].
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Emissions Inventories
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Emissions inventories—2008 (NOX,
PM2.5, SO2, ammonia, and VOC).
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primary
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St. Louis area ...............
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12/6/2018
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5/28/2019, [Insert Federal Register citation].
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Authority: 42 U.S.C. 7401 et seq.
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§ 81.314
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4. Section 81.314 is amended by
revising the entries for St. Louis, MO-IL
in the table entitled ‘‘Illinois—1997
Annual PM2.5 NAAQS’’ to read as
follows:
■
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
Illinois.
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ILLINOIS—1997 ANNUAL PM2.5 NAAQS
[Primary and secondary]
Designation a
Classification
Designated area
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Date 1
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St. Louis, MO-IL:
Madison County ........................................................................................
Monroe County .........................................................................................
Randolph County (part): Baldwin Village ..................................................
St. Clair County .........................................................................................
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Date 2
Type
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5/28/2019
5/28/2019
5/28/2019
5/28/2019
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Attainment
Attainment
Attainment
Attainment
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Federal Register / Vol. 84, No. 102 / Tuesday, May 28, 2019 / Rules and Regulations
ILLINOIS—1997 ANNUAL PM2.5 NAAQS—Continued
[Primary and secondary]
Designation a
Classification
Designated area
Date 1
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Date 2
Type
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Type
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a Includes
Indian Country located in each county or area, except as otherwise specified.
1 This date is 90 days after January 5, 2005, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.
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[FR Doc. 2019–10970 Filed 5–24–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 031125294–4091–02]
RIN 0648–WCR–A002
Fisheries Off West Coast States; the
Highly Migratory Species Fishery;
Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting fishing
with large-mesh drift gillnet (DGN) gear
(≥14 inches mesh) off the coast of
southern California east of 120° W
meridian from June 1, 2019, through
August 31, 2019. This prohibition is
based on the Assistant Administrator for
Fisheries’ (AA’s) determination that El
Nin˜o conditions are occurring off the
coast of southern California. This action
protects Endangered Species Act-listed
loggerhead sea turtles (Caretta caretta),
specifically the endangered North
Pacific Ocean Distinct Population
Segment.
SUMMARY:
Effective 12:01 a.m. Pacific
Daylight Time (PDT), June 1, 2019,
through 11:59 p.m. PDT, August 31,
2019.
DATES:
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FOR FURTHER INFORMATION CONTACT:
Chris Fanning, West Coast Region
(WCR), NMFS, (562) 980–4198,
chris.fanning@noaa.gov.
SUPPLEMENTARY INFORMATION: The DGN
fishery is managed under the Fishery
Management Plan for U.S. West Coast
Fisheries for Highly Migratory Species
(50 CFR part 660, subpart K) and occurs
off the coast of California. NMFS
regulations provide that, ‘‘No person
may fish with, set, or haul back drift
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gillnet gear in U.S. waters of the Pacific
Ocean east of the 120° W meridian from
June 1 through August 31 during a
forecasted, or occurring, El Nin˜o event
off the coast of southern California’’ (50
CFR 660.713(c)(2)). This area, which
falls within the Southern California
Bight (SCB), is referred to in the
regulations as the ‘‘Pacific loggerhead
conservation area.’’
Under 50 CFR 660.713(c)(2)(ii), the
AA is to rely on information developed
by NOAA offices (the Climate
Prediction Center (CPC) and the West
Coast Office of the Coast Watch
program) to make the determination that
an El Nin˜o event is forecasted or
occurring off southern California. The
AA is to use monthly sea surface
temperature (SST) charts to determine
whether there are warmer-than-normal
SSTs off southern California ‘‘during the
months prior to the closure months for
years in which an El Nin˜o event has
been declared’’ by the CPC. Specifically,
the AA is to use SST data from the third
and second months prior to the month
of closure.
NMFS published these regulations to
protect loggerhead sea turtles, which are
listed under the Endangered Species
Act. The regulations addressed a
reasonable and prudent alternative
(RPA) included in NMFS’ 2000
biological opinion on issuance of an
incidental take permit under the Marine
Mammal Protection Act. The biological
opinion concluded that bycatch in the
DGN fishery was likely to jeopardize the
continued existence of loggerhead sea
turtles and, as an RPA, recommended
the fishery be closed during the summer
months when El Nin˜o conditions are
present to avoid the likelihood of
jeopardy. The regulations implemented
in 2003 addressed this RPA.
On February 14, 2019, the CPC issued
an El Nin˜o Advisory, declaring that El
Nin˜o conditions formed during January
2019, based on the presence of aboveaverage SSTs across most of the
equatorial Pacific Ocean. Since that
initial advisory, all monthly CPC
updates have stated that El Nin˜o
conditions remain in these waters. The
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May 9, 2019, update reaffirmed El Nin˜o
conditions are currently present.
On May 7, 2019, NMFS staff reviewed
the SST anomalies in the SCB during
March and April of 2019, relying on
SST maps available through NOAA’s
Coast Watch program (for details see
https://coastwatch.pfeg.noaa.gov/
erddap/). These maps
indicated that SSTs were above normal
in the SCB. NMFS concluded that a
determination of El Nin˜o conditions off
southern California is warranted based
on SSTs that are warmer than normal
during the third and second months
prior to the month of the closure,
consistent with regulations at 50 CFR
660.713(c)(2)(ii).
If SSTs return to normal or below
normal during a closure period,
regulations at 50 CFR 660.713(c)(2)(iii)
state that the AA may re-open the
fishery after publishing a Federal
Register notice announcing that El Nin˜o
conditions are no longer present in the
SCB.
Classification
This action is required by regulations
at 50 CFR 660.713 and is exempt from
Office of Management and Budget
review under Executive Order 12866.
NMFS finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) for the time-area
closure of the DGN fishery. Notice and
comment procedures are impracticable
and contrary to the public interest. The
most recent El Nin˜o determination
occurred on May 9, 2019, and
regulations require that the closure
period begin on June 1; therefore, there
is insufficient time for notice and
comment procedures. For the same
reasons, NMFS also finds good cause
under 5 U.S.C. 553(d)(3) to waive the
general requirement for a 30-day delay
in effectiveness for this action. This
measure is based upon the best available
information and is necessary for the
conservation of loggerhead sea turtles.
The closure period anticipated by the
regulation ends, at the latest, on August
31, 2019. A delay in effectiveness may
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]]>Agencies
[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Rules and Regulations]
[Pages 24395-24398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10970]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52 and 81
[EPA-R05-OAR-2018-0842; FRL-9994-11-Region 5]
Air Plan Approval; Illinois; Redesignation of the Illinois
Portion of the St. Louis, MO-IL Area to Attainment of the 1997 Annual
Standard for Fine Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is redesignating the
Illinois portion of the St. Louis, MO-IL, nonattainment area
(hereafter, ``the St. Louis area'') to attainment for the 1997 fine
particulate matter (PM2.5) annual national ambient air
quality standard (NAAQS or standard). The Illinois portion of the St.
Louis area includes Madison, Monroe, and St. Clair counties, and
Baldwin Township in Randolph county. EPA is taking this action because
it has determined that the St. Louis area is attaining the annual 1997
PM2.5 standard based on the most recent three years of
certified air quality data. EPA is also approving a revision to the
Illinois state implementation plan (SIP) for maintaining the 1997
annual PM2.5 NAAQS through 2030. Illinois' maintenance plan
submission includes an updated emissions inventory, which includes
emissions inventories for PM2.5, nitrogen oxides
(NOX), sulfur dioxide (SO2) volatile organic
compounds (VOCs) and ammonia. The maintenance plan submission also
includes motor vehicle emission budgets (MVEBs) for the mobile source
contribution of PM2.5 and NOX to the St. Louis
PM2.5 area for transportation conformity purposes. EPA is
approving and updating both the emissions inventory and MVEBs. EPA is
taking these actions in accordance with the Clean Air Act (CAA) and
EPA's implementation rule regarding the 1997 PM2.5 NAAQS.
DATES: This final rule is effective on May 28, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0842. 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 Michelle Becker, Life Scientist, at (312) 886-3901
before visiting the Region 5 office.
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 action is EPA taking?
III. Statutory and Executive Order Reviews
I. Background
On December 6, 2018, Illinois submitted a request to EPA to
redesignate the St. Louis area to attainment for the 1997
PM2.5 annual standard, and to approve the maintenance plan,
MVEBs, and 2008 emissions inventory for the area. In an action
published on March 21, 2019 (84 FR 10461), EPA proposed to redesignate
the area and approve several actions related to the redesignation.
Additional background and details regarding this final action can be
found in the March 21, 2019, proposed rule. The comment period for this
proposed rulemaking closed on April 22, 2019. No comments were received
for this proposed rule.
II. What action is EPA taking?
EPA is approving a change to the official designation of the St.
Louis area for the 1997 annual PM2.5 NAAQS, found at 40 CFR
part 81, from nonattainment to attainment. EPA is approving a
determination that the St. Louis area has attained the 1997 annual
PM2.5 standard, based on the most recent three years of
certified air quality data. This action also approves the maintenance
plan for the 1997 annual PM2.5 NAAQS as revision to the
Illinois SIP for the St. Louis area. EPA is also approving an emissions
inventory which includes primary PM2.5, NOX,
SO2, VOCs, and ammonia from 2008 and MVEBs for the St. Louis
area. These MVEBs will be used in future transportation conformity
analyses for the area.
In The Fine Particulate Matter National Ambient Air Quality
Standards: State Implementation Plan Requirements final rule (final
PM2.5 SIP requirements rule), EPA revoked the 1997 primary
annual PM2.5 NAAQS in areas that had always been attainment
[[Page 24396]]
for that NAAQS, and in areas that had been designated as nonattainment
but that were redesignated to attainment before October 24, 2016, the
rule's effective date. See 81 FR 58010, August 24, 2016. EPA also
finalized a provision that revokes the 1997 primary annual
PM2.5 NAAQS in areas that are redesignated to attainment for
that NAAQS after October 24, 2016, effective on the effective date of
the redesignation of the area to attainment for that NAAQS. See 40 CFR
50.13(d).
EPA is redesignating the Illinois portion of the St. Louis area to
attainment for the 1997 annual PM2.5 NAAQS and approving the
CAA section 175A maintenance plan for the 1997 primary annual
PM2.5 NAAQS for the reasons described in the March 21, 2019,
proposed action.\1\ The 1997 primary annual PM2.5 NAAQS will
be revoked in the area on the effective date of this redesignation.
Beginning on that date, the area will no longer be subject to
transportation or general conformity requirements for the 1997 annual
PM2.5 NAAQS due to the revocation of the primary NAAQS. See
81 FR 58125, August 24, 2016. The area will be required to implement
the CAA section 175A maintenance plan for the 1997 primary annual
PM2.5 NAAQS and the Prevention of Significant Deterioration
(PSD) program for the 1997 annual PM2.5 NAAQS. Once
approved, the maintenance plan could only be revised if the revision
meets the requirements of CAA section 110(l) and, if applicable, CAA
section 193. The area would not be required to submit a second 10-year
maintenance plan for the 1997 primary annual PM2.5 NAAQS.
See 81 FR 58144, August 24, 2016.
---------------------------------------------------------------------------
\1\ CAA section 175A(a) establishes the requirements that must
be fulfilled by nonattainment areas in order to be redesignated to
attainment. That section only requires that nonattainment areas for
the primary standard submit a plan addressing maintenance of the
primary NAAQS in order to be redesignated to attainment; it does not
require nonattainment areas for secondary NAAQS to submit
maintenance plans in order to be redesignated to attainment. See 42
U.S.C. 7505a(a).
---------------------------------------------------------------------------
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. This rulemaking, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, today's rule relieves the state
of planning requirements for this PM2.5 nonattainment area.
For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for
these actions to become effective on the date of publication of these
actions.
III. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 29, 2019. Filing a petition for
reconsideration by the Administrator
[[Page 24397]]
of this final rule does not affect the finality of this action for the
purposes of judicial review nor does it extend the time within which a
petition for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: May 14, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
Title 40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.720, the table in paragraph (e) is amended by:
0
a. Adding an entry under ``Attainment and Maintenance Plans'' for
``PM2.5 (1997)-maintenance plan and motor vehicle emissions
budgets'' before the entry ``Sulfur dioxide (2010) nonattainment
plans''.
0
b. Adding an entry under ``Emissions inventories'' for ``Emissions
inventories--2008 (NOX, primary PM2.5,
SO2, ammonia, and VOC)'' before the entry ``Emission
inventory--2011 (2008 8-hour ozone).''
The additions read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal EPA approval date Comments
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Attainment and Maintenance Plans
----------------------------------------------------------------------------------------------------------------
* * * * * * *
PM2.5 (1997)--maintenance plan St. Louis area...... 12/6/2018 5/28/2019, [Insert
and motor vehicle emissions Federal Register
budgets. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Emissions Inventories
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Emissions inventories--2008 (NOX, St. Louis area...... 12/6/2018 5/28/2019, [Insert
primary PM2.5, SO2, ammonia, and Federal Register
VOC). citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. Section 81.314 is amended by revising the entries for St. Louis, MO-
IL in the table entitled ``Illinois--1997 Annual PM2.5
NAAQS'' to read as follows:
Sec. 81.314 Illinois.
* * * * *
Illinois--1997 Annual PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area ---------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
St. Louis, MO-IL:
Madison County.................. 5/28/2019 Attainment................ .............. ..............
Monroe County................... 5/28/2019 Attainment................ .............. ..............
Randolph County (part): Baldwin 5/28/2019 Attainment................ .............. ..............
Village.
St. Clair County................ 5/28/2019 Attainment................ .............. ..............
[[Page 24398]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
* * * * *
[FR Doc. 2019-10970 Filed 5-24-19; 8:45 am]
BILLING CODE 6560-50-P
