[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Rules and Regulations]
[Pages 2063-2067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27907]


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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.

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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 
Chicago-Naperville, 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, <a href="/cdn-cgi/l/email-protection#e9868e9c858c80c78d889f808da98c9988c78e869f"><span class="__cf_email__" data-cfemail="6e01091b020b07400a0f18070a2e0b1e0f40090118">[email protected]</span></a>.

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

[[Page 2064]]

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.
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    \1\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2008 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 
anti-backsliding requirements.
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    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\
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    \2\ The 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.
    \3\ On 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.
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    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.
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    \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).
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    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 Metro-East 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 SIP-approved 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

[[Page 2065]]

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 (NO<INF>X</INF>) 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 NO<INF>X</INF> 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 
NO<INF>X</INF> 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 
NO<INF>X</INF> pursuant to 40 CFR 51.165(a)(8); and set offset ratios 
for VOC and NO<INF>X</INF> 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.
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    \5\ For 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).
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    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)-    35 IAC 203.206(b).
 (iv), (a)(1)(iv)(A)(2).
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   35 IAC 203.302(a), 203.303(b) and
 (2).                                 (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).
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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

[[Page 2066]]

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 NO<INF>X</INF> 
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.
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    \6\ Note 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.
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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:

    <bullet> 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);
    <bullet> Does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 
FR 19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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.


[[Page 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

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 adding an 
entry entitled ``Ozone (8-hour, 2008) Nonattainment New Source Review 
Requirements'' before the entry entitled ``Regional haze plan'' to read 
as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable
      Name of SIP  provision          geographic or          State          EPA approval date        Comments
                                    nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Ozone (8-hour, 2008)               Chicago area.......       5/23/2018  2/6/2019, [Insert         ..............
 Nonattainment New Source Review                                         Federal Register
 Requirements.                                                           citation].
 
                                                  * * * * * * *
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[FR Doc. 2018-27907 Filed 2-5-19; 8:45 am]
 BILLING CODE 6560-50-P


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