Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Rules and Regulations 2063 

1The SIP Requirements Rule addresses a range of 

nonattainment area SIP requirements for the 2008 

Continued 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: December 28, 2018. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

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. 

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(e) is amended by revising the entry for 

‘‘Section 110(a)(2) Infrastructure 

Requirements for the 2010 SO2

NAAQS’’ and adding a second entry 

directly beneath that entry for ‘‘Section 

110(a)(2) Infrastructure Requirements 

for the 2010 SO2 NAAQS’’ to read as 

follows: 

§ 52.420 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP revision 

Applicable 

geographic 

area 

State 

submittal 

date 

EPA approval 

date 

Additional 

explanation 

*******

Section 110(a)(2) Infrastructure Requirements for the 2010 SO2 NAAQS.Statewide ................... 5/29/2013 1/22/2014, 79 FR 3506 .... Docket #: 2013–0492. 

This action addresses 

the following CAA elements of section 

110(a)(2): A, B, C, 

D(i)(II), D(ii), E, F, G, H, 

J, K, L, and M. 

Section 110(a)(2) Infrastructure Requirements for the 2010 SO2 NAAQS.Statewide ................... 5/29/2013 2/6/2019, [Insert Federal 

Register citation].

Docket #: 2013–0492. 

This action addresses 

CAA section 

110(a)(2)(D)(i)(I) 

(prongs 1 and 2) 

*******

[FR Doc. 2019–01113 Filed 2–5–19; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2018–0383; FRL–9988–37– 

Region 5] 

Air Plan Approval; Illinois; 

Nonattainment New Source Review 

Requirements for the 2008 8-Hour 

Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, as a State 

Implementation Plan (SIP) revision, 

Illinois’ certification that its SIP satisfies 

the nonattainment new source review 

(NNSR) requirements of the Clean Air 

Act (CAA) for the 2008 8-hour ozone 

National Ambient Air Quality Standard 

(‘‘NAAQS’’ or ‘‘Standard’’). This action 

permanently stops the Federal 

Implementation Plan (FIP) clocks 

triggered by EPA’s February 3 and 

December 11, 2017 findings that Illinois 

failed to submit an NNSR plan for the 

Illinois portion of the ChicagoNaperville, Illinois-Indiana-Wisconsin 

area (Chicago Nonattainment Area). 

DATES: This final rule is effective on 

March 8, 2019. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2018–0383. 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 David 

Ogulei, Environmental Engineer, at 

(312) 353–0987 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

David Ogulei, Environmental Engineer, 

Air Permits Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–0987, ogulei.david@

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: 

I. Background 

II. Summary of EPA Analysis 

III. What comments did we receive on the 

proposed rule? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

A. General Requirements 

B. Submission to Congress and the 

Comptroller General 

C. Petitions for Judicial Review 

I. Background 

On March 6, 2015, EPA issued a final 

rule titled ‘‘Implementation of the 2008 

National Ambient Air Quality Standards 

for Ozone: State Implementation Plan 

Requirements’’ (SIP Requirements Rule), 

which detailed the requirements that 

state, tribal, and local air quality 

management agencies must meet as they 

develop implementation plans for areas 

where air quality exceeds the 2008 8- 

hour ozone NAAQS. See 80 FR 12264 

(March 6, 2015).1 Areas that were 


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2064 Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Rules and Regulations 

8-hour ozone NAAQS, including requirements 

pertaining to attainment demonstrations, reasonable 

further progress (RFP), reasonably available control 

technology (RACT), reasonably available control 

measures (RACM), major new source review (NSR), 

emission inventories, and the timing of SIP 

submissions and of compliance with emission 

control measures in the SIP. The rule also revokes 

the 1997 ozone NAAQS and establishes antibacksliding requirements. 

2The Metro-East area also did not attain the 2008 

8-hour ozone NAAQS by July 20, 2015; however, 

EPA found that area to be eligible for a 1-year 

attainment date extension, for a new attainment 

date of July 20, 2016. See 81 FR 26697 (May 4, 

2016). The Metro-East area includes the Illinois 

portion of the St. Louis-St. Charles-Farmington, 

Missouri-Illinois ozone nonattainment area, which 

includes Madison, Monroe and St. Clair Counties in 

Illinois, and Franklin, Jefferson, St. Charles, and St. 

Louis Counties and the City of St. Louis in 

Missouri. 

3On November 14, 2018, EPA proposed to 

determine that the Illinois portion of the Chicago 

Nonattainment Area failed to attain the 2008 ozone 

NAAQS by the attainment date; thus, the Illinois 

portion of the Chicago area will be reclassified by 

operation of law to ‘‘serious’’ upon the effective 

date of the final reclassification notice. See 83 FR 

56781. Consequently, Illinois must submit a SIP 

revision to satisfy the statutory and regulatory 

requirements for serious areas for the 2008 ozone 

NAAQS by the submission deadlines established in 

the final reclassification notice. Today’s action only 

addresses the moderate and marginal area SIP 

requirements as addressed by the February 3 and 

December 11, 2017 findings. 

4 Illinois’ obligation to submit the NNSR SIP was 

not affected by the D.C. Circuit Court’s February 16, 

2018 decision on portions of the SIP Requirements 

Rule in South Coast Air Quality Mgmt. Dist. v. EPA, 

882 F.3d 1138 (D.C. Cir. Feb. 16, 2018). 

designated as marginal ozone 

nonattainment areas were required to 

attain the 2008 8-hour ozone NAAQS no 

later than 36 months after the effective 

date of area designations for the 2008 8- 

hour ozone NAAQS (i.e., July 20, 2015), 

based on 2012–2014 monitoring data. 

See 80 FR 12268 and 40 CFR 51.1103. 

EPA classified the Chicago 

Nonattainment Area as a marginal 

nonattainment area for the 2008 8-hour 

ozone NAAQS on June 11, 2012 

(effective July 20, 2012) using certified 

ambient air quality monitoring data 

from calendar years 2009–2011. See 77 

FR 34221. The Chicago Nonattainment 

Area includes Cook, DuPage, Kane, 

Lake, McHenry, and Will Counties and 

parts of Grundy and Kendall Counties in 

Illinois; Lake and Porter Counties in 

Indiana; and part of Kenosha County in 

Wisconsin. 

On May 4, 2016, pursuant to section 

181(b)(2) of the CAA, EPA determined 

that the Chicago Nonattainment Area 

failed to attain the 2008 8-hour ozone 

NAAQS by the July 20, 2015 marginal 

area attainment deadline and did not 

meet the CAA section 181(a)(5) criteria, 

as interpreted in 40 CFR 51.1107, for a 

1-year attainment date extension. See 81 

FR 26697 (May 4, 2016). Thus, EPA 

reclassified this area by operation of law 

as moderate for the 2008 8-hour ozone 

NAAQS. Id.2 In that action, EPA 

established January 1, 2017, as the due 

date for the State to submit all moderate 

area nonattainment plan SIP 

requirements applicable to newly 

reclassified areas.3

As explained in the SIP Requirements 

Rule, Illinois was required to develop a 

SIP revision addressing NNSR 

requirements for its marginal ozone 

nonattainment areas by July 20, 2015. 

See 80 FR 12266 (March 6, 2015). 

Additionally, because the Chicago 

Nonattainment Area was reclassified to 

moderate nonattainment, Illinois was 

required to submit a moderate area 

NNSR SIP by January 1, 2017. See 81 FR 

26697 (May 4, 2016).4 NNSR is a 

preconstruction review permit program 

that applies to new major stationary 

sources or major modifications at 

existing sources located in a 

nonattainment area. See CAA sections 

172(c)(5), 173 and 182. The NNSR 

requirements for the 2008 8-hour ozone 

NAAQS are located in 40 CFR 51.160– 

165. 

On February 3, 2017, EPA found that 

15 states and the District of Columbia 

failed to submit SIP revisions to satisfy 

certain nonattainment plan 

requirements for the 2008 ozone 

NAAQS. See 82 FR 9158. EPA found, 

inter alia, that Illinois failed to timely 

submit a SIP revision to satisfy marginal 

NNSR requirements for the Chicago and 

Metro-East ozone nonattainment areas. 

In addition, on December 11, 2017, EPA 

found, inter alia, that Illinois failed to 

timely submit a revision to its SIP to 

satisfy moderate NNSR requirements for 

the Chicago Nonattainment Area. See 82 

FR 58118. 

The February 3 and December 11, 

2017 findings established certain 

deadlines for the imposition of 

sanctions if Illinois does not submit a 

timely SIP revision addressing the 

requirements for which EPA made the 

findings, as well as deadlines for EPA to 

promulgate a FIP to address any 

outstanding SIP requirements. 

Specifically, Illinois was required to 

submit a complete SIP addressing the 

deficiencies that were the basis for each 

finding within 18 months of the 

effective dates of the findings (i.e., 

September 6, 2018 and July 10, 2019, 

respectively) so as to avoid triggering, 

pursuant to CAA section 179(a) and (b) 

and 40 CFR 52.31, the offset sanction 

identified in CAA section 179(b)(2) in 

the affected nonattainment area. 

Additionally, these rules triggered the 

requirement for EPA to promulgate a 

FIP for the affected nonattainment area 

if EPA does not take final action to 

approve the State’s submittal within 2 

years of the effective date of the findings 

(i.e., March 6, 2019, and January 10, 

2020, respectively). 

On March 1, 2018, EPA redesignated 

the Metro-East area to attainment for the 

2008 8-hour ozone NAAQS because 

EPA found this area to have met the 

statutory requirements for redesignation 

to attainment under the CAA. See 83 FR 

8756 (March 1, 2018). In that action, 

EPA also approved, as a revision to the 

Illinois SIP, Illinois’ plan for 

maintaining the 2008 ozone NAAQS 

through calendar year 2030 in the 

Metro-East area. NNSR SIP revisions are 

no longer required if an area is 

redesignated to attainment; the CAA’s 

Prevention of Significant Deterioration 

(PSD) program requirements apply in 

lieu of NNSR. See 82 FR 9160 n. 16 

(February 3, 2017). Because the MetroEast area is now designated attainment, 

a NNSR SIP is not required for this area. 

On May 23, 2018, the Illinois 

Environmental Protection Agency 

(IEPA) submitted a SIP revision 

requesting EPA’s approval of Illinois’ 

certification that its existing SIPapproved NNSR regulations fully satisfy 

the NNSR requirements set forth in 40 

CFR 51.165 for both marginal and 

moderate ozone nonattainment areas for 

the 2008 ozone NAAQS. IEPA certified 

that its existing NNSR program covering 

its ozone nonattainment areas for the 

2008 8-hour ozone NAAQS, including 

the Chicago Nonattainment Area, 

contains the NNSR elements required by 

40 CFR 51.165, as amended by the SIP 

Requirements Rule, for ozone and its 

precursors. IEPA certified that it already 

complies with CAA sections 172(c)(5) 

and 182(a)(2)(C), which require states 

that have been designated 

nonattainment for an ozone NAAQS to 

submit plans or plan revisions 

containing certain required elements, 

including permit programs for the 

construction and operation of new or 

modified stationary sources in the 

nonattainment area. Specifically, IEPA 

certified that its existing NNSR 

regulations in Title 35 of Illinois 

Administrative Code Part 203 (35 IAC 

Part 203, Major Stationary Sources 

Construction And Modification) fully 

satisfy the NNSR requirements set forth 

in 40 CFR 51.165 for both marginal and 

moderate ozone nonattainment areas 

because they contain all NNSR SIP 

elements required by 40 CFR 51.165 for 

its ozone nonattainment areas. 

On October 9, 2018, EPA issued a 

notice of proposed rulemaking 

(proposed rule) in which we proposed 

to find that IEPA’s submittal addresses 

Illinois’ obligations as described in the 

February 3 and December 11, 2017 


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5For other relevant approvals, see 45 FR 11470 

(February 21, 1980); 46 FR 44172 (September 3, 

1981); 50 FR 38803 (September 25, 1985); 51 FR 10837 (March 31, 1986); 57 FR 59928 (December 17, 

1992); and 60 FR 49778 (September 27, 1995). 

findings. See 83 FR 50551. Specifically, 

we proposed to conclude that Illinois’ 

submittal fulfills the 40 CFR 51.1114 

revision requirement, meets the 

requirements of CAA sections 110 and 

172 and the minimum SIP requirements 

of 40 CFR 51.165, as well as Illinois’ 

obligations under EPA’s February 3 and 

December 11, 2017 findings. 

II. Summary of EPA Analysis 

The minimum SIP requirements for 

NNSR permitting programs for the 2008 

8-hour ozone NAAQS are located in 40 

CFR 51.165. See 40 CFR 51.1114. These 

NNSR program requirements include 

those promulgated in the ‘‘Phase 2 

Rule’’ implementing the 1997 8-hour 

ozone NAAQS (70 FR 71612, November 

29, 2005) and the SIP Requirements 

Rule implementing the 2008 8-hour 

ozone NAAQS. Under the Phase 2 Rule, 

the SIP for each ozone nonattainment 

area must contain NNSR provisions 

that: set major source thresholds for 

nitrogen oxides (NOX) and volatile 

organic compounds (VOC) pursuant to 

40 CFR 51.165(a)(1)(iv)(A)(1)(i)–(iv) and 

(a)(1)(iv)(A)(2); classify physical 

changes as a major source if the change 

would constitute a major source by itself 

pursuant to 40 CFR 

51.165(a)(1)(iv)(A)(3); consider any 

significant net emissions increase of 

NOX as a significant net emissions 

increase for ozone pursuant to 40 CFR 

51.165(a)(1)(v)(E); consider certain 

increases of VOC emissions in extreme 

ozone nonattainment areas as a 

significant net emissions increase and a 

major modification for ozone pursuant 

to 40 CFR 51.165(a)(1)(v)(F); set 

significant emissions rates for VOC and 

NOX as ozone precursors pursuant to 40 

CFR 51.165(a)(1)(x)(A)–(C) and (E); 

contain provisions for emissions 

reductions credits pursuant to 40 CFR 

51.165(a)(3)(ii)(C)(1) and (2); provide 

that the requirements applicable to VOC 

also apply to NOX pursuant to 40 CFR 

51.165(a)(8); and set offset ratios for 

VOC and NOX pursuant to 40 CFR 

51.165(a)(9)(i)–(iii) (renumbered as 

(a)(9)(ii)–(iv) under the SIP 

Requirements Rule for the 2008 8-hour 

ozone NAAQS). Under the SIP 

Requirements Rule for the 2008 8-hour 

ozone NAAQS, the SIP for each ozone 

nonattainment area designated 

nonattainment for the 2008 8-hour 

ozone NAAQS and designated 

nonattainment for the 1997 ozone 

NAAQS on April 6, 2015, must also 

contain NNSR provisions that include 

the anti-backsliding requirements at 40 

CFR 51.1105. See 40 CFR 51.165(a)(12). 

Illinois’ NNSR rules, as set forth in 35 

IAC Part 203, are designed to ensure 

that the construction of a major new 

source of air pollution or a large 

increase of emissions at an existing 

source does not interfere with the 

attainment demonstration and does not 

delay timely achievement of the 

ambient air quality standards. The rules 

require owners or operators of major 

projects to: (1) Apply the Lowest 

Achievable Emission Rate (LAER) or, for 

certain existing sources, the Best 

Available Control Technology (BACT) 

on emissions of the nonattainment 

pollutant from the major project; (2) 

offset the emissions of the 

nonattainment pollutant from a major 

project by emission reductions from 

other sources in the nonattainment area; 

(3) demonstrate that other sources in 

Illinois which are under common 

ownership or control with the person 

proposing the project are in compliance 

with the CAA; and (4) analyze 

alternatives to the particular project to 

determine whether the benefits of the 

project outweigh the environmental and 

social costs. 

EPA last approved revisions to 

Illinois’ NNSR rules on May 13, 2003. 

See 68 FR 25504.5 In that action, EPA 

approved amendments to 35 IAC 203 to 

better track the language of CAA 

sections 182(c)(6), (7), and (8). See 68 

FR 25505. The changes dealt with how 

one determines whether a proposed 

change at a source is a major 

modification. 

Based on our review of the NNSR 

checklist that IEPA incorporated into its 

submittal, and the version of 35 IAC 203 

approved into the Illinois SIP, we are 

finding that Illinois’ SIP-approved 

NNSR program at 35 IAC 203 contains 

the minimum required NNSR elements 

as specified in 40 CFR 51.165 for 

Illinois’ ozone nonattainment areas. We 

are approving Illinois’ certification that 

35 IAC 203 is consistent with 40 CFR 

51.165 and meets the requirements of 

CAA sections 172(c)(5), 173, 110(a)(2), 

182(a)(4) and 182(b)(5) under the 2008 

ozone standard for the Illinois portion of 

the Chicago Ozone Nonattainment Area. 

While some of Illinois’ regulations are 

worded or organized differently than the 

Federal counterparts, EPA finds that 

these differences do not affect the 

relative stringency of such provisions. 

The following table lists the specific 

provisions of Illinois’ NNSR rules that 

EPA finds to address the required 

elements of the Federal NNSR rules: 

Federal rule Illinois rule 

40 CFR 51.165(a)(1)(iv)(A)(1)(i)–(iv), (a)(1)(iv)(A)(2) ............................... 35 IAC 203.206(b). 

40 CFR 51.165(a)(1)(iv)(A)(3) .................................................................. 35 IAC 203.206(c). 

40 CFR 51.165(a)(1)(v)(E) ........................................................................ 35 IAC 203.207(b). 

40 CFR 51.165(a)(1)(v)(F) ........................................................................ 35 IAC 203.207(f). 

40 CFR 51.165(a)(1)(x)(A)–(C); (E) .......................................................... 35 IAC 203.207(d), (e) and (f), and 203.209(a) and (b). 

40 CFR 51.165(a)(3)(ii) (C)(1) and (2) ..................................................... 35 IAC 203.302(a), 203.303(b) and (f), 203.602, and 203.701. 

40 CFR 51.165(a)(8) ................................................................................. 35 IAC 203.206(b), 203.207(b), (d), (e) and (f), 203.209(a) and (b), 

203.30l(e) and (f), and 203.302. 

40 CFR 51.165(a)(9)(ii), (iv) ..................................................................... 35 IAC 203.302(a). 

III. What comments did we receive on 

the proposed rule? 

Our October 9, 2018 proposed rule (83 

FR 50551) provided a 30-day public 

review and comment period. During the 

comment period, which closed on 

November 8, 2018, we received one set 

of comments. Although the commenter 

generally supported our proposal, the 

commenter also raised concerns that we 

address below. 

Comment: The commenter asserts that 

due to potential increased health risks 

to vulnerable communities, new VOC 

emissions should not be permitted in 

extreme ozone nonattainment areas 

pursuant to 40 CFR 51.165(a)(1)(v)(F). 

The commenter suggests that instead of 

issuing new source review (NSR) 

permits in extreme nonattainment areas, 

any VOC emissions increases should be 

banned, and fines should be assessed for 

each additional ton of VOC emitted 

within the extreme nonattainment area. 

The commenter urges Illinois to revise 

its SIP to eliminate the provisions for 


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6Note that the analysis we included with the 

proposed rule contained a typographical error at 83 

FR 50555. We incorrectly listed the offset 

requirement of 1.3:1, which applies in severe ozone 

nonattainment areas, twice. The second reference to 

the 1.3:1 offset ratio should have been to 1.5:1 for 

extreme ozone nonattainment areas. 

permitting of new emissions in extreme 

ozone nonattainment areas. 

EPA Response: As we discussed at 

proposal, our review of Illinois’ 

submittal is limited to the extent to 

which Illinois’ existing NNSR 

regulations are consistent with the 

underlying Federal requirements for the 

2008 8-hour ozone NAAQS as set forth 

in 40 CFR 51.160–51.165. EPA is not, 

through this action, revising the 

underlying Federal requirements. 

Under 40 CFR 51.165(a)(1)(v)(F), if a 

major stationary source of VOC is 

located in an extreme ozone 

nonattainment area that is subject to 

subpart 2 of part D of title 1 of the CAA, 

any physical change in, or change in the 

method of operation of, the major 

stationary source that results in any 

increase in emissions of VOC from any 

discrete operation, emissions unit, or 

other pollutant emitting activity at the 

source shall be considered a significant 

net emissions increase and a major 

modification for ozone. This Federal 

requirement therefore provides a 

mechanism for NSR of new or increased 

VOC emissions in extreme ozone 

nonattainment areas. As we discussed 

in the proposed rule, Illinois has 

certified, and EPA has found, that the 

requirements of 40 CFR 

51.165(a)(1)(v)(F) are addressed by 35 

IAC 203.207(f). Note, however, that 

under both the Federal and Illinois’ 

EPA-approved regulations, the owner or 

operator of a new major source or major 

modification that proposes new or 

increased VOC or NOX emissions in an 

extreme ozone nonattainment area must 

offset such increase in emissions by an 

amount equal to or greater than 1.5 tons 

for each ton of the allowable emissions 

from the new source or the net increase 

in emissions from the modification. See 

40 CFR 51.165(a)(9)(ii)(E) and 35 IAC 

203.302(a)(1)(E).6 In addition, if Illinois 

were to revise its existing regulations to 

impose additional restrictions on new or 

increased VOC emissions in extreme 

ozone nonattainment areas, such 

revisions could make Illinois’ 

regulations inconsistent with the 

Federal requirements. 

IV. What action is EPA taking? 

EPA is approving Illinois’ May 23, 

2018 SIP revision addressing the NNSR 

requirements for the 2008 8-hour ozone 

NAAQS for the Chicago Nonattainment 

Area. EPA has concluded that Illinois’ 

submittal fulfills the 40 CFR 51.1114 

revision requirement, meets the 

requirements of CAA sections 110 and 

172 and the minimum SIP requirements 

of 40 CFR 51.165, as well as its 

obligations under EPA’s February 3 and 

December 11, 2017 findings. This final 

action to approve Illinois’ NNSR 

certification addresses the deficiencies 

that were the basis for the February 3 

and December 11, 2017 findings and 

stops the FIP clock for the Illinois 

portion of the Chicago Nonattainment 

Area. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under Executive 

Orders 12866 (58 FR 51735, October 4, 1993) 

and 13563 (76 FR 3821, January 21, 2011); 

• Does not impose an information 

collection burden under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 3501 et 

seq.); 

• Is certified as not having a significant 

economic impact on a substantial number of 

small entities under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.); 

• Does not contain any unfunded mandate 

or significantly or uniquely affect small 

governments, as described in the Unfunded 

Mandates Reform Act of 1995 (Public Law 

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). 

This final rule approving Illinois’ 

2008 8-hour ozone NAAQS NNSR SIP 

revision is not approved to apply on any 

Indian reservation land or in any other 

area where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 April 8, 2019. 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) of the CAA.) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Rules and Regulations 2067 

Dated: December 12, 2018. 

Cathy Stepp, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 52.720, the table in paragraph 

(e) is amended by adding an entry 

entitled ‘‘Ozone (8-hour, 2008) 

Nonattainment New Source Review 

Requirements’’ before the entry entitled 

‘‘Regional haze plan’’ to read as follows: 

§ 52.720 Identification of plan. 

* * * * * 

(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 

*******

Ozone (8-hour, 2008) Nonattainment 

New Source Review Requirements.

Chicago area ....................... 5/23/2018 2/6/2019, [Insert Federal Register citation].........................

*******

[FR Doc. 2018–27907 Filed 2–5–19; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170817779–8161–02] 

RIN 0648–XG760 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl Gear in 

the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

using trawl gear in the Bering Sea 

subarea of the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the Pacific cod allocation of the total 

allowable catch for the Bering Sea Trawl 

Catcher Vessel A-Season Sector 

Limitation in the Bering Sea subarea of 

the BSAI. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), February 1, 2019, 

through 1200 hours, A.l.t., April 1, 

2019. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2019 Pacific cod allocation of the 

total allowable catch for the Bering Sea 

Trawl Catcher Vessel A-Season Sector 

Limitation in the Bering Sea subarea of 

the BSAI.is 21,388 metric tons (mt) as 

established by the final 2018 and 2019 

harvest specifications for groundfish in 

the BSAI (83 FR 8365, February 27, 

2018) and inseason adjustment (83 FR 

67144, December 28, 2019). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the Bering Sea Trawl 

Catcher Vessel A-Season Sector 

Limitation in the Bering Sea subarea of 

the BSAI will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 19,000 mt and is setting 

aside the remaining 2,388 mt as 

incidental catch to support other 

anticipated groundfish fisheries. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by catcher vessels using trawl gear 

in the Bering Sea subarea of the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), 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) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of directed fishing for 

Pacific cod by catcher vessels using 

trawl gear in the Bering Sea subarea of 

the BSAI. NMFS was unable to publish 

a notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of January 31, 2019. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: February 1, 2019. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2019–01239 Filed 2–1–19; 4:15 pm] 

BILLING CODE 3510–22–P 


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