Air Plan Approval; Illinois; NAAQS Update, 2883-2885 [2024-00658]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Rules and Regulations
Port Sector St. Petersburg, § 100.703,
Table 1 to § 100.703, Item No. 1,
specifies the location of the regulated
area for the Gasparilla Invasion and
Parade, which encompasses portions of
Hillsborough Bay, Seddon Channel,
Sparkman Channel and Hillsborough
River located in Tampa, FL. Under the
provisions of 33 CFR 100.703, all
persons and vessels are prohibited from
entering the regulated area, except those
persons and vessels participating in the
event, unless they receive permission to
do so from the Coast Guard Patrol
Commander, or designated
representative.
Under the provisions of 33 CFR
100.703, spectator vessels may safely
transit outside the regulated area, but
may not anchor, block, loiter in, impede
the transit of festival participants or
official patrol vessels or enter the
regulated area without approval from
the Coast Guard Patrol Commander or a
designated representative. The Coast
Guard may be assisted by other Federal,
State, or local law enforcement agencies
in enforcing this regulation. In addition
to this notice of enforcement in the
Federal Register, the Coast Guard will
provide notice of the regulated area via
Local Notice to Mariners, Marine Safety
Information Bulletins, Broadcast Notice
to Mariners, and on-scene designated
representatives.
Dated: January 9, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the
Port St. Petersburg.
[FR Doc. 2024–00765 Filed 1–16–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2022–0673; FRL–10900–
02–R5]
Air Plan Approval; Illinois; NAAQS
Update
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the Illinois Environmental
Protection Agency (IEPA) on July 8,
2022. Illinois revised its air pollution
control rules entitled ‘‘Part 243—
Ambient Air Quality Standards’’ and
updated the ‘‘List of Designated
Reference and Equivalent Methods’’ in
response to EPA rulemakings and
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:00 Jan 16, 2024
Jkt 262001
changes to the National Ambient Air
Quality Standards (NAAQS) that EPA
adopted in 2021.
DATES: This final rule is effective on
February 16, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2022–0673. 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 Daphne
Onsay at (312) 886–5945 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Daphne Onsay, Life Scientist, Control
Strategies Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–5945, onsay.daphne@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On July 8, 2022, IEPA submitted a
request to EPA to incorporate revisions
to the Illinois air pollution control rules
in Title 35 of the Illinois Administrative
Code, Part 243—Air Quality Standards.
Part 243 sets forth the NAAQS adopted
by EPA under section 109 of the Clean
Air Act (CAA). The submission updates
Part 243: Sections 243.108 and 243.122,
effective May 18, 2022. Illinois revised
Part 243 to reflect amendments to EPA’s
‘‘List of Designated References and
Equivalent Methods’’ used to determine
compliance with the NAAQS (fine
particulate matter and coarse particulate
matter, sulfur dioxide (SO2), carbon
monoxide, lead, oxides of nitrogen, and
ozone). In addition to these changes,
Illinois updated existing rule language
to address EPA’s revocation of the 1971
primary, 24-hour, and annual average
NAAQS for SO2. An explanation of the
CAA requirements, a detailed analysis
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
2883
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 August 23, 2023.
During the comment period, EPA
received one comment that covered a
variety of topics including comments on
administrative changes being made that
could increase the complexity and
burden of regulatory compliance on
affected industry. The comment is
summarized and addressed below and
the comment itself is included in the
docket for this action. We do not
consider this comment to be germane or
relevant to this action and therefore not
adverse to this action. The comment
lacks the required specificity to the
proposed SIP revision and the relevant
requirements of CAA section 110.
Moreover, the comment does not
address a specific regulation or
provision in question or recommend a
different action on the SIP submission
from what EPA proposed. Therefore, we
are finalizing our action as proposed.
II. Response to Public Comments
Comment 1: The commenter is
concerned that the potential complexity
of these administrative changes could
increase the complexity of regulatory
compliance and reporting. The
commenter states that businesses may
be required to dedicate more resources
for compliance, which could place a
financial burden on small and medium
businesses. The commenter also states
that the changes require consistent
monitoring, increasing the possibility of
non-compliance due to unawareness or
misunderstanding.
Response 1: Illinois is adopting
requirements that are already
established at the Federal level and
making them applicable at the State
level. Illinois is incorporating these
Federal regulations into the Illinois air
pollution control rules entitled ‘‘Part
243—Ambient Air Quality Standards’’
and also updating the ‘‘List of
Designated Reference and Equivalent
Methods’’ in response to EPA
rulemakings. Illinois is also changing
Section 243.122 to be consistent with
the Round 4 area designations for the
primary 2010 NAAQS for SO2 that EPA
issued in 2021. These administrative
changes do not place additional
requirements on regulated entities
beyond those already established in the
NAAQS. The commenter stated that the
administrative changes should be
consolidated to a degree that decreases
the frequency of these changes. These
administrative changes have been
consolidated to include the Illinois
E:\FR\FM\17JAR1.SGM
17JAR1
2884
Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Rules and Regulations
updates to Part 243, which reflect
amendments to EPA’s ‘‘List of
Designated References and Equivalent
Methods’’ used to determine
compliance with the NAAQS. In
addition, Illinois updated existing rule
language to address EPA’s revocation of
the 1971 primary, 24-hour, and annual
average NAAQS for SO2. Regarding the
frequency of these administrative
changes, EPA is required to update the
NAAQS every 5 years, in accordance
with section 109 of the CAA. EPA is
following statutory requirements.
III. Final Action
EPA is approving a revision to the
Illinois SIP. The submittal updates
revisions to the Illinois regulations at
Title 35 of the Illinois Administrative
Code, Part 243—Air Quality Standards
(Part 243). Specifically, the updates
made to Part 243: Sections 243.108 and
243.122—are intended to be ‘‘identical
in substance’’ to, and consistent with
the updates to the list of designated
Federal equivalent and reference
methods and updates to the NAAQS
adopted by EPA. IEPA’s revisions mirror
EPA’s reference method for the 2010 1hour SO2 standard. IEPA removed the
1971 primary, 24 hour, and annual SO2
standard reflecting EPA’s action at the
Federal level.
lotter on DSK11XQN23PROD with RULES1
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 Illinois Regulations
described in section I of this preamble
and set forth in the amendments to 40
CFR part 52 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
SIP, 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 CAA, the Administrator is
required to approve a SIP submission
1 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
16:00 Jan 16, 2024
Jkt 262001
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
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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 operations or programs and
policies.’’
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.
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 March 18, 2024. 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, Ozone,
Particulate matter, Sulfur oxides,
Volatile organic compounds.
E:\FR\FM\17JAR1.SGM
17JAR1
2885
Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Rules and Regulations
Dated: January 9, 2024.
Debra Shore,
Regional Administrator, Region 5.
a. Revising the entry for ‘‘243.108’’
and the first entry for ‘‘243.122’’ (State
effective date 8/18/2020); and
■ b. Removing the second entry for
‘‘243.122’’ (State effective date 2/19/
2019).
The revisions read as follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
For the reasons stated in the
preamble, 40 CFR part 52 is amended as
follows:
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.720
2. In § 52.720, the table in paragraph
(c) is amended by:
■
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES
Title/subject
*
243.108 .............
*
*
Incorporation by Reference ..........
3/4/2022
*
243.122 .............
*
*
Sulfur Oxides (Sulfur Dioxide) ......
3/4/2022
*
*
*
*
*
*
*
*
[FR Doc. 2024–00658 Filed 1–16–24; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
[PS Docket Nos. 15–94; 15–91; FCC 23–
88; FR ID 196695]
Emergency Alert System; Wireless
Emergency Alerts; Correction
Federal Communications
Commission.
ACTION: Final rule; correction.
AGENCY:
SUMMARY: This document corrects
DATES section of a final rule that
the
appeared in the Federal Register on
VerDate Sep<11>2014
16:00 Jan 16, 2024
EPA approval date
Jkt 262001
*
1/17/2024, [INSERT FEDERAL
REGISTER CITATION].
*
*
*
*
1/17/2024, [INSERT FEDERAL
REGISTER CITATION].
*
*
*
*
*
*
December 15, 2023, regarding the
Wireless Emergency Alert system. This
correction adds to the list of rules
sections with indefinitely delayed
effective dates.
The correction is effective on
January 17, 2024.
FOR FURTHER INFORMATION CONTACT: For
further information regarding this final
rule correction, please contact Michael
Antonino, Cybersecurity and
Communications Reliability Division,
Public Safety and Homeland Security
Bureau, (202) 418–7965, or by email to
michael.antonino@fcc.gov.
SUPPLEMENTARY INFORMATION: The
Commission is correcting the DATES
section of final rule FR Doc. 2023–27236
by adding rule 47 CFR 10.210(a) to the
list of rules sections whose effective
dates are delayed indefinitely.
PO 00000
Frm 00011
Fmt 4700
Comments
*
DATES:
47 CFR Part 10
lotter on DSK11XQN23PROD with RULES1
State
effective
date
Illinois citation
Sfmt 9990
Correction
In FR Rule Doc. 2023–27236,
appearing on page 86824 in the Federal
Register of December 15, 2023, on page
86824, in the first column, the DATES
section is corrected to read:
DATES: Effective December 15, 2026,
except for the amendments to 47 CFR
10.210(a), (b), (c), and (d), 10.350(d),
10.480(a) and (b), and 10.500(e), which
are delayed indefinitely. The Federal
Communications Commission will
announce the effective dates of the
delayed amendments by publishing
documents in the Federal Register.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024–00708 Filed 1–16–24; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\17JAR1.SGM
17JAR1
]]>Agencies
[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Rules and Regulations]
[Pages 2883-2885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00658]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0673; FRL-10900-02-R5]
Air Plan Approval; Illinois; NAAQS Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Illinois
Environmental Protection Agency (IEPA) on July 8, 2022. Illinois
revised its air pollution control rules entitled ``Part 243--Ambient
Air Quality Standards'' and updated the ``List of Designated Reference
and Equivalent Methods'' in response to EPA rulemakings and changes to
the National Ambient Air Quality Standards (NAAQS) that EPA adopted in
2021.
DATES: This final rule is effective on February 16, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2022-0673. 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 Daphne Onsay
at (312) 886-5945 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Daphne Onsay, Life Scientist, Control
Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-5945, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On July 8, 2022, IEPA submitted a request to EPA to incorporate
revisions to the Illinois air pollution control rules in Title 35 of
the Illinois Administrative Code, Part 243--Air Quality Standards. Part
243 sets forth the NAAQS adopted by EPA under section 109 of the Clean
Air Act (CAA). The submission updates Part 243: Sections 243.108 and
243.122, effective May 18, 2022. Illinois revised Part 243 to reflect
amendments to EPA's ``List of Designated References and Equivalent
Methods'' used to determine compliance with the NAAQS (fine particulate
matter and coarse particulate matter, sulfur dioxide (SO2),
carbon monoxide, lead, oxides of nitrogen, and ozone). In addition to
these changes, Illinois updated existing rule language to address EPA's
revocation of the 1971 primary, 24-hour, and annual average NAAQS for
SO2. An explanation of the 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 August 23, 2023.
During the comment period, EPA received one comment that covered a
variety of topics including comments on administrative changes being
made that could increase the complexity and burden of regulatory
compliance on affected industry. The comment is summarized and
addressed below and the comment itself is included in the docket for
this action. We do not consider this comment to be germane or relevant
to this action and therefore not adverse to this action. The comment
lacks the required specificity to the proposed SIP revision and the
relevant requirements of CAA section 110. Moreover, the comment does
not address a specific regulation or provision in question or recommend
a different action on the SIP submission from what EPA proposed.
Therefore, we are finalizing our action as proposed.
II. Response to Public Comments
Comment 1: The commenter is concerned that the potential complexity
of these administrative changes could increase the complexity of
regulatory compliance and reporting. The commenter states that
businesses may be required to dedicate more resources for compliance,
which could place a financial burden on small and medium businesses.
The commenter also states that the changes require consistent
monitoring, increasing the possibility of non-compliance due to
unawareness or misunderstanding.
Response 1: Illinois is adopting requirements that are already
established at the Federal level and making them applicable at the
State level. Illinois is incorporating these Federal regulations into
the Illinois air pollution control rules entitled ``Part 243--Ambient
Air Quality Standards'' and also updating the ``List of Designated
Reference and Equivalent Methods'' in response to EPA rulemakings.
Illinois is also changing Section 243.122 to be consistent with the
Round 4 area designations for the primary 2010 NAAQS for SO2
that EPA issued in 2021. These administrative changes do not place
additional requirements on regulated entities beyond those already
established in the NAAQS. The commenter stated that the administrative
changes should be consolidated to a degree that decreases the frequency
of these changes. These administrative changes have been consolidated
to include the Illinois
[[Page 2884]]
updates to Part 243, which reflect amendments to EPA's ``List of
Designated References and Equivalent Methods'' used to determine
compliance with the NAAQS. In addition, Illinois updated existing rule
language to address EPA's revocation of the 1971 primary, 24-hour, and
annual average NAAQS for SO2. Regarding the frequency of
these administrative changes, EPA is required to update the NAAQS every
5 years, in accordance with section 109 of the CAA. EPA is following
statutory requirements.
III. Final Action
EPA is approving a revision to the Illinois SIP. The submittal
updates revisions to the Illinois regulations at Title 35 of the
Illinois Administrative Code, Part 243--Air Quality Standards (Part
243). Specifically, the updates made to Part 243: Sections 243.108 and
243.122--are intended to be ``identical in substance'' to, and
consistent with the updates to the list of designated Federal
equivalent and reference methods and updates to the NAAQS adopted by
EPA. IEPA's revisions mirror EPA's reference method for the 2010 1-hour
SO2 standard. IEPA removed the 1971 primary, 24 hour, and
annual SO2 standard reflecting EPA's action at the Federal
level.
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 Illinois
Regulations described in section I of this preamble and set forth in
the amendments to 40 CFR part 52 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 SIP, 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 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 operations or programs and policies.''
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. 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 March 18, 2024. 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, Ozone,
Particulate matter, Sulfur oxides, Volatile organic compounds.
[[Page 2885]]
Dated: January 9, 2024.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, 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. Revising the entry for ``243.108'' and the first entry for
``243.122'' (State effective date 8/18/2020); and
0
b. Removing the second entry for ``243.122'' (State effective date 2/
19/2019).
The revisions read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Illinois Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State
Illinois citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
243.108.......................... Incorporation by 3/4/2022 1/17/2024, [INSERT
Reference. FEDERAL REGISTER
CITATION].
* * * * * * *
243.122.......................... Sulfur Oxides 3/4/2022 1/17/2024, [INSERT
(Sulfur Dioxide). FEDERAL REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-00658 Filed 1-16-24; 8:45 am]
BILLING CODE 6560-50-P
