Air Plan Approval; Illinois; Second Maintenance Plan for 1997 Ozone NAAQS; Jersey County Portion of St. Louis Missouri-Illinois Area, 34448-34449 [2023-11357]
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Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Rules and Regulations
Marine Information Broadcasts as
appropriate.
Dated: May 23, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2023–11430 Filed 5–25–23; 11:15 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2022–0744; FRL–10682–
02–R5]
Air Plan Approval; Illinois; Second
Maintenance Plan for 1997 Ozone
NAAQS; Jersey County Portion of St.
Louis Missouri-Illinois Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving, as a revision
to the Illinois State Implementation Plan
(SIP), the state’s plan for maintaining
the 1997 ozone National Ambient Air
Quality Standard (NAAQS or standard)
through 2032 in St. Louis, MO-IL area.
The original St. Louis nonattainment
area for the 1997 ozone standard
included Jersey, Madison, Monroe and
St. Clair Counties in Illinois and
Franklin, Jefferson, St. Charles and St.
Louis Counties and St. Louis City in
Missouri. The SIP, submitted by the
Illinois Environmental Protection
Agency (IEPA) on August 24, 2022,
addresses the second maintenance plan
required for Jersey County, Illinois. EPA
proposed to approve this action on
March 14, 2023 and received no adverse
comments.
DATES: This final rule is effective on
June 29, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2022–0744. 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
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:30 May 26, 2023
Jkt 259001
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 and
facility closures due to COVID–19. We
recommend that you telephone
Kathleen D’Agostino at (312) 886–1767
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Attainment
Planning and Maintenance Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–1767,
DAgostino.Kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On March 14, 2023, EPA proposed to
approve Illinois’ plan for maintaining
the 1997 ozone NAAQS through 2032 in
the St. Louis Area (88 FR 15629). An
explanation of the Clean Air Act (CAA)
requirements, a detailed analysis of the
revisions, and EPA’s reasons for
proposing approval were provided in
the notice of proposed rulemaking and
will not be restated here. The public
comment period for this proposed rule
ended on April 13, 2023. EPA received
no comments on the proposal.
II. Final Action
EPA is approving the Jersey County
second maintenance plan for the 1997
ozone NAAQS, submitted by IEPA on
August 24, 2022, as a revision to the
Illinois SIP. The second maintenance
plan is designed to keep the St. Louis
area in attainment of the 1997 ozone
NAAQS through 2032.
III. 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 14094 (88 FR
21879, April 11, 2023);
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
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).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial.
E:\FR\FM\30MYR1.SGM
30MYR1
34449
Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Rules and Regulations
IEPA did not evaluate environmental
justice considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. 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 31, 2023. 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Volatile
organic compounds.
Dated: May 23, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, title 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
(e) is amended under the heading
‘‘Attainment and Maintenance Plans’’
by adding an entry for ‘‘Ozone (8-hour,
1997) second maintenance plan’’ before
the entry for ‘‘Ozone (8-hour, 2008)
Determination of Attainment’’ to read as
follows:
(e) * * *
■
EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Name of SIP provision
*
Applicable geographic or
nonattainment area
State
submittal
date
*
*
*
EPA approval date
*
Comments
*
*
Attainment and Maintenance Plans
*
*
Ozone (8-hour, 1997) second maintenance plan.
*
*
*
*
St. Louis area ................
*
*
*
*
*
[FR Doc. 2023–11357 Filed 5–26–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2022–0477; FRL–10516–
02–R5]
Air Plan Approval; Ohio; Sulfur Dioxide
Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
ddrumheller on DSK120RN23PROD with RULES1
AGENCY:
The Environmental Protection
Agency (EPA) is approving, under the
Clean Air Act (CAA), revised sulfur
dioxide (SO2) regulations submitted by
Ohio on May 23, 2022. Ohio updated its
regulations to make changes to facility
information, remove requirements for
SUMMARY:
VerDate Sep<11>2014
16:30 May 26, 2023
Jkt 259001
*
8/24/2022
*
*
5/30/2023, [insert Federal Register
citation].
*
*
shutdown facilities and units,
consolidate county-wide requirements,
and revise requirements for the Veolia
Fort Hill plant in Miami, Ohio and the
DTE St. Bernard facility in Cincinnati,
Ohio. EPA believes that the revisions
improve the clarity of the rules without
affecting the stringency, and therefore is
approving the submitted revisions with
the exception of selected paragraphs in
Ohio Administrative Code (OAC)
Chapter 3745–18. EPA proposed to
approve this action on January 26, 2023
and received no adverse comments.
DATES: This final rule is effective on
June 29, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2022–0477. 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
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
*
*
Jersey County only.
*
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 and
facility closures due to COVID–19. We
recommend that you telephone Tyler
Salamasick, at (312)886–6206 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Tyler Salamasick, Control Strategies
Section, Air Programs Branch (AR18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6206,
salamasick.tyler@epa.gov.
E:\FR\FM\30MYR1.SGM
30MYR1
]]>Agencies
[Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Rules and Regulations]
[Pages 34448-34449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11357]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0744; FRL-10682-02-R5]
Air Plan Approval; Illinois; Second Maintenance Plan for 1997
Ozone NAAQS; Jersey County Portion of St. Louis Missouri-Illinois Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving, as a
revision to the Illinois State Implementation Plan (SIP), the state's
plan for maintaining the 1997 ozone National Ambient Air Quality
Standard (NAAQS or standard) through 2032 in St. Louis, MO-IL area. The
original St. Louis nonattainment area for the 1997 ozone standard
included Jersey, Madison, Monroe and St. Clair Counties in Illinois and
Franklin, Jefferson, St. Charles and St. Louis Counties and St. Louis
City in Missouri. The SIP, submitted by the Illinois Environmental
Protection Agency (IEPA) on August 24, 2022, addresses the second
maintenance plan required for Jersey County, Illinois. EPA proposed to
approve this action on March 14, 2023 and received no adverse comments.
DATES: This final rule is effective on June 29, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2022-0744. 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 and facility
closures due to COVID-19. We recommend that you telephone Kathleen
D'Agostino at (312) 886-1767 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Attainment
Planning and Maintenance Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-1767, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On March 14, 2023, EPA proposed to approve Illinois' plan for
maintaining the 1997 ozone NAAQS through 2032 in the St. Louis Area (88
FR 15629). An explanation of the Clean Air Act (CAA) requirements, a
detailed analysis of the revisions, and EPA's reasons for proposing
approval were provided in the notice of proposed rulemaking and will
not be restated here. The public comment period for this proposed rule
ended on April 13, 2023. EPA received no comments on the proposal.
II. Final Action
EPA is approving the Jersey County second maintenance plan for the
1997 ozone NAAQS, submitted by IEPA on August 24, 2022, as a revision
to the Illinois SIP. The second maintenance plan is designed to keep
the St. Louis area in attainment of the 1997 ozone NAAQS through 2032.
III. 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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial.
[[Page 34449]]
IEPA did not evaluate environmental justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA did not perform an
EJ analysis and did not consider EJ in this action. Due to the nature
of the action being taken here, this action is expected to have a
neutral to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 31, 2023. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: May 23, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 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 (e) is amended under the
heading ``Attainment and Maintenance Plans'' by adding an entry for
``Ozone (8-hour, 1997) second maintenance plan'' before the entry for
``Ozone (8-hour, 2008) Determination of Attainment'' to read as
follows:
(e) * * *
EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Name of SIP provision Applicable geographic or nonattainment submittal EPA approval date Comments
area date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Attainment and Maintenance Plans
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Ozone (8-hour, 1997) second St. Louis area........................ 8/24/2022 5/30/2023, [insert Jersey County only.
maintenance plan. Federal Register
citation].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-11357 Filed 5-26-23; 8:45 am]
BILLING CODE 6560-50-P
