30770 Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Rules and Regulations 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(347)(i)(B)(2) and 

(c)(404)(i)(A)(4)to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(347) * * * 

(i) * * * 

(B) * * * 

(2) Rule 1127, ‘‘Emissions Reductions 

from Livestock Waste,’’ adopted on 

August 6, 2004. 

* * * * * 

(404) * * * 

(i) * * * 

(A) * * * 

(4) Rule 1150.1, ‘‘Control of Gaseous 

Emissions from Municipal Solid Waste 

Landfills,’’ amended on April 1, 2011. 

* * * * * 

[FR Doc. 2013–12208 Filed 5–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0540; FRL–9805–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Air Quality Standards Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a revision to 

the Illinois state implementation plan 

(SIP) to reflect current National Ambient 

Air Quality Standards (NAAQS) for 

ozone and particulate matter (PM). EPA 

is approving a revision to add new 

incorporations by reference associated 

with current ozone, lead, and 

particulate matter NAAQS into the 

Illinois SIP. EPA is also approving 

revisions that amend typographical 

errors in the Illinois SIP. 

DATES: This direct final rule will be 

effective July 22, 2013, unless EPA 

receives adverse comments by June 24, 

2013. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2012–0540, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-Mail: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2012– 

0540. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy 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 Anthony 

Maietta, Environmental Protection 

Specialist, at (312) 353–8777 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Environmental 

Protection Specialist, Control Strategies 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8777, 

maietta.anthony@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. Contents of Illinois’ Submittal 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. Background 

Today’s action updates the Illinois 

SIP to reflect current ozone and PM 

NAAQS promulgated by EPA. On July 

18, 1997 (62 FR 38856), EPA published 

a final rule that established NAAQS for 

ozone measured as a daily maximum 

eight hour concentration of 0.08 parts 

per million (ppm), based on the three 

year average of the fourth highest daily 

eight hour value recorded during each 

calendar year. The eight hour NAAQS 

replaced the one hour ozone NAAQS, 

however, the one hour ozone 

designations and classifications were 

retained to comply with antibacksliding obligations. On April 30, 

2004 (69 FR 23951), EPA published the 

first phase of its final rule to implement 

the eight hour ozone NAAQS and 

revoke the one hour ozone NAAQS. At 

the same time, EPA also published eight 

hour ozone designations for all areas of 

the country (69 FR 23858, April 30, 

2004). On August 3, 2005 (70 FR 44470), 

EPA published a final rule that revoked 

the one hour ozone NAAQS. On July 11, 

2007 (72 FR 37818), EPA proposed to 

strengthen the NAAQS for ozone by 

revising the level of the eight hour 

standard to a level within the range of 

0.070 to 0.075 ppm daily maximum 

eight hour concentration, based on the 

three year average of fourth highest 

daily eight hour value recorded during 

each calendar year. On March 27, 2008, 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Rules and Regulations 30771 

EPA published a final rule that revised 

the NAAQS for ozone (73 FR 16436). In 

that action, EPA established both the 

primary and secondary eight hour ozone 

NAAQS to be 0.075 ppm, expressed in 

three decimal places. 

On November 12, 2008, EPA 

published a final rule (73 FR 66964) that 

updated the primary and secondary 

NAAQS for lead to be 0.15 micrograms 

per cubic meter (mg/m3). The rule also 

revised the averaging time for lead to be 

a rolling three month period with a 

maximum form that is evaluated over a 

three year period. Finally, the rule 

revised data handling procedures, 

including ambient air monitoring and 

reporting requirements. 

On July 18, 1997 (62 FR 38652), EPA 

published a final rule that added 

NAAQS for particulate matter of 2.5 

microns or less in diameter (PM2.5) by 

revising the annual PM2.5 standard to 15 

mg/m3, based on the 3-year average of 

annual arithmetic mean PM2.5

concentrations at each monitor in an 

area, and by revising the one hour PM2.5

standard to 65 mg/m3 based on the three 

year average of the 98th percentile of 24 

hour PM2.5 concentrations at each 

monitor in an area. On October 17, 2006 

(71 FR 61143), EPA revised the 24 hour 

PM2.5 standard to 35 mg/m3, based on 

the three year average of the 98th 

percentile of 24 hour PM2.5

concentrations at each monitor in an 

area. In the same notice, EPA revoked 

the annual NAAQS for PM of 10 

microns or less in diameter (PM10). 

On June 20, 2012, the Illinois 

Environmental Protection Agency 

(IEPA) submitted a request for EPA to 

approve revisions to its SIP that amend 

part 243 of title 35 of the Illinois 

Administrative Code (35 IAC part 243) 

to reflect current ozone and PM 

NAAQS, and to correct typographical 

errors. The submittal also requests that 

EPA approve corrections to 35 IAC part 

217.388 and 35 IAC part 233.305, based 

on comments received during public 

hearings held by IEPA for the 

amendments to 35 IAC part 243. 

II. Contents of Illinois’ Submittal 

The contents of Illinois’ submittal are 

discussed in detail in our technical 

support document (TSD) contained in 

the docket for this rulemaking. To read 

the TSD, follow the instructions for 

viewing the docket at the beginning of 

this notice. 

In summary, Illinois’ submittal 

requests that EPA approve amendments 

to 35 IAC parts 217, 223, and 243 into 

the Illinois SIP. Illinois revised 35 IAC 

part 243 by updating the definitions of 

ozone and particulate matter NAAQS to 

match the current NAAQS for these 

pollutants. The revision to 35 IAC part 

243 also updates incorporations by 

reference to match current techniques, 

methods, reference methods, and 

interpretations of NAAQS for criteria 

pollutants. The amendments to 35 IAC 

part 243 are approvable. 

The amendments to 35 IAC parts 217 

and 223 contained in the June 20, 2012, 

submittal have been amended further 

and submitted to EPA in subsequent 

submittals, which we have acted on. For 

this reason EPA is taking no action on 

these parts of 35 IAC parts 217 and 233 

at this time. 

III. What action is EPA taking? 

EPA is approving into the Illinois SIP 

amendments and additions to the 

following sections of 35 IAC part 243 

contained in the June 20, 2012, 

submittal: sections 243.101, 243.104, 

243.107, 243.108, 243.120, 243.122, 

243.125, and 243.126. EPA is taking no 

action on amendments to 35 IAC parts 

217 and 223. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective July 22, 2013 without further 

notice unless we receive relevant 

adverse written comments by June 24, 

2013. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

July 22, 2013. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air Act 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 Clean Air Act. 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 


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30772 Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Rules and Regulations 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by July 22, 2013. 

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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: April 12, 2013. 

Susan Hedman, 

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. Section 52.720 is amended by 

adding paragraph (c)(195) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(195) On June 20, 2012, Illinois 

submitted an amendment to its State 

Implementation Plan at 35 Illinois 

Administrative Code part 243, which 

updates National Ambient Air Quality 

Standards for ozone, lead, and 

particulate matter while correcting 

various errors in the plan. 

(i) Incorporation by reference. Illinois 

Administrative Code; Title 35: 

Environmental Protection; Subtitle B: 

Air Pollution; Chapter I: Pollution 

Control Board; Subchapter l: Air Quality 

Standards And Episodes; Part 243: Air 

Quality Standards; Sections 243.101 

Definitions, 243.104 Nondegradation, 

243.107 Reference Conditions, 243.108 

Incorporations by Reference, 243.120 

PM10 and PM2.5, 243.122 Sulfur Oxides 

(Sulfur Dioxide), 243.125 8-Hour Ozone, 

and 243.126 Lead; effective October 25, 

2011. 

[FR Doc. 2013–12203 Filed 5–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket Nos. FWS–R1–ES–2012–0017; 

FWS–R1–ES–2013–0012; 4500030113] 

RIN 1018–AX72 

RIN 1018–AZ54 

Endangered and Threatened Wildlife 

and Plants; Threatened Status and 

Designation of Critical Habitat for 

Eriogonum codium (Umtanum Desert 

Buckwheat) and Physaria douglasii 

subsp. tuplashensis (White Bluffs 

Bladderpod) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rules; delay of effective 

dates. 

SUMMARY: This document temporarily 

delays for 6 months the effective date of 

two rules to conserve Eriogonum 

codium (Umtanum desert buckwheat) 

and Physaria douglasii subsp. 

tuplashensis (White Bluffs bladderpod). 

Both rules had an effective date of May 

23, 2013. We are taking this action to 

allow time for us to accept and consider 

additional public comments on the 

rules. 

DATES: The effective dates for the final 

rules published April 23, 2013, at 78 FR 

23983 and 78 FR 24007, are delayed 

until November 22, 2013. 

ADDRESSES: You may obtain copies of 

these rules and related materials at 

http://www.regulations.gov in Dockets 

FWS–R1–ES–2012–0017 (for the listing 

rule) and FWS–R1–ES–2013–0012 (for 

the critical habitat rule). 

FOR FURTHER INFORMATION CONTACT: Ken 

Berg, Manager, U.S. Fish and Wildlife 

Service, Washington Fish and Wildlife 

Office, 510 Desmond Drive, Suite 102, 

Lacey, Washington 98503–1263, by 

telephone (360) 753–9440, or by 

facsimile (360) 753–9405. Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: Under the 

authority of the Endangered Species Act 

(Act) (16 U.S.C. 1531 et seq.), the U.S. 

Fish and Wildlife Service issued the 

following two rules on April 23, 2013: 

‘‘Endangered and Threatened Wildlife 

and Plants; Threatened Status for 

Eriogonum codium (Umtanum Desert 

Buckwheat) and Physaria douglasii 

subsp. tuplashensis (White Bluffs 

Bladderpod)’’ (78 FR 23983) and 

‘‘Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for Eriogonum codium 

(Umtanum Desert Buckwheat) and 

Physaria douglasii subsp. tuplashensis 

(White Bluffs Bladderpod)’’ (78 FR 

24007). The listing final rule 

implements the Federal protections 

provided by the Act for these species. 

The critical habitat final rule conserves 

both species’ habitat under the Act. 

Both rules had an effective date of May 

23, 2013. 

We now delay for 6 months the 

effective date of the rules. The delay in 

effective date is necessary to allow us 

time to follow proper procedure in 

accordance with 16 U.S.C. 1533(b)(5). 

We are taking this action to allow time 

for us to accept and consider additional 

public comments on the rules. To the 

extent that 5 U.S.C. 553 applies to this 

action, this action is exempt from notice 

and comment because it constitutes a 

rule of procedure under 5 U.S.C. 

553(b)(A). 

Dated: May 20, 2013. 

Rachel Jacobsen, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2013–12380 Filed 5–22–13; 8:45 am] 

BILLING CODE 4310–55–P 


tkelley on DSK3SPTVN1PROD with RULES