Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 60073 

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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(442) (i)(A)(2) and 

(3) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(442) * * * 

(i) * * * 

(A) * * * 

(2) Rule 400.3, ‘‘Internal Combustion 

Engine(s),’’ adopted on October 22, 

2013. 

(3) Rule 400.4, ‘‘Emissions of Oxides 

of Nitrogen from Wallboard Kilns,’’ 

adopted on October 22, 2013. 

* * * * * 

[FR Doc. 2014–23788 Filed 10–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0274; FRL 9917–33– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Revision to the Chicago 8-Hour Ozone 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State of 

Illinois’ March 28, 2014, revision to the 

state implementation plan (SIP) for the 

1997 8-hour ozone maintenance plan for 

the Illinois portion of the Chicago-GaryLake County, Illinois-Indiana area (the 

Greater Chicago Area). This SIP revision 

establishes new Motor Vehicle 

Emissions Budgets (MVEB) for volatile 

organic compounds (VOC) and oxides of 

nitrogen (NOX) for the year 2025. EPA 

is approving the allocation of a portion 

of the safety margin for VOC and NOX

in the ozone maintenance plan to the 

2025 MVEBs. Total year 2025 emissions 

of VOC and NOX for the area will 

remain below the attainment levels as 

required by the transportation 

conformity regulations. 

DATES: This final rule is effective on 

November 5, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2014–0274. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

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 electronically through 

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 Michael 

Leslie, Environmental Engineer, at (312) 

353–6680 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Michael Leslie, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6680, 

leslie.michael@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. What is the background for this action? 

II. What is EPA’s response to comments? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On August 13, 2012 (77 FR 48062), 

EPA approved a request from the State 

of Illinois to redesignate the Illinois 

portion of the Greater Chicago Area to 

attainment of the 1997 8-hour ozone 

national ambient air quality standard 

(NAAQS). In addition to approving the 

ozone redesignation request, EPA 

approved the State’s plan for 

maintaining the 1997 8-hour ozone 

NAAQS in the Illinois portion of the 

Greater Chicago Area through 2025. The 

ozone maintenance plan established 

MVEBs for VOC and NOX for the year 

2025. 

MVEBs are the projected levels of 

controlled emissions from the 

transportation sector (mobile sources) 

that are estimated in the SIP to provide 

for maintenance of the ozone NAAQS. 

The transportation conformity rule 

allows the MVEB to be changed as long 

as the total level of emissions from all 

sources remains below the attainment 

levels. 

On March 28, 2014, Illinois submitted 

a SIP revision to the 1997 8-hour ozone 

maintenance plan for the Illinois 

portion of the Greater Chicago Area. 

This SIP revision establishes new 

MVEBs for VOC and NOX for the year 

2025. Illinois allocated a portion of the 

safety margin for VOC and NOX in the 

ozone maintenance plan to the 2025 

MVEBs. Total year 2025 emissions of 

VOC and NOX for the area will remain 

below the attainment levels required by 

the transportation conformity 

regulations. 

On May 22, 2014, EPA published 

proposed (79 FR 29395) and direct final 

(79 FR 29324) rules approving a revision 

to the 1997 8-hour ozone maintenance 

plan for the Illinois portion of the 

Greater Chicago Area. EPA subsequently 

received adverse comments on the 

direct final rule and withdrew it on June 

26, 2014 (79 FR 36220). The proposal 

was not withdrawn. 

II. What is EPA’s response to 

comments? 

EPA received one supportive and one 

adverse comment on the May 22, 2014 

(79 FR 29324) proposed approval of the 

Illinois SIP revision. The adverse 

comment was submitted by Robert 

Ukeiley. 

Comment from Robert Ukeiley: The 

commenter contends that EPA’s 

approval of an increase in mobile source 

NOX and VOC emissions will interfere 

with attainment the 2008 ozone NAAQS 

as expeditiously as possible and will 

also interfere with reasonable further 

progress in violation of Clean Air Act 

Section 110(l). The comment provides 

no support for or explanation of the 

basis for these claims. 

Response to Robert Ukeiley: Clean Air 

Act (Act) Section 110(l) provides in 

part: ‘‘The Administrator shall not 

approve a revision of a plan if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress or any other applicable 

requirement of this chapter.’’ As a 

general matter, EPA must and does 

consider section 110(l) requirements for 

every SIP revision, including whether 

the revision would ‘‘interfere with’’ any 

applicable requirement. See, e.g., 70 FR 

53, 57 (January 3, 2005); 70 FR 17029, 

17033 (April 4, 2005); 70 FR 28429, 

28431 (May 18, 2005); and 70 FR 58119, 

58134 (October 5, 2005). 

At this time, the Greater Chicago Area 

is marginal nonattainment for the 2008 

ozone NAAQS. Marginal areas have an 


tkelley on DSK3SPTVN1PROD with RULES
60074 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 

attainment date of December 31, 2015. 

Marginal areas do not have any 

reasonable further progress 

requirements under section 171 of the 

Act. 

The Illinois maintenance plan update 

for the 1997 8-hour ozone NAAQS does 

not revise or remove any existing 

emissions limit for any source. The 

transportation conformity process, 

found at 40 CFR part 93 subpart A, 

allows areas to modify existing MVEBs 

by adding a ‘‘safety margin’’ to the 

budgets provided that, in this case, the 

maintenance plan for the area 

demonstrates that a ‘‘safety margin’’ 

exists. A safety margin, as defined in the 

transportation conformity rule, is the 

amount by which the total projected 

emissions from all sources of a given 

pollutant are less than the total 

emissions that would satisfy the 

applicable requirement for reasonable 

further progress, attainment, or 

maintenance. (40 CFR 93.101) This 

concept is further described in 40 CFR 

93.124(a). The attainment level of 

emissions is the level of emissions 

during one of the years in which the 

area met the NAAQS. This maintenance 

plan update establishes new MVEBs for 

VOC and NOX for the year 2025 by 

allocation of a portion of the safety 

margin for VOC and NOX from the 

approved 1997 8-hour ozone 

maintenance plan. The safety margin for 

the Illinois portion of the Greater 

Chicago Area is 175.60 tons/day of VOC 

and 469.65 tons/day of NOX as shown 

in Table 1 below. 

TABLE 1—SAFETY MARGIN FOR CHICAGO’S 1997 8-HOUR OZONE MAINTENANCE PLAN

Pollutant 

2008 Attainment 

year emissions 

(tons/day) 

2025 Projected 

year maintenance emissions 

(tons/day) 

Safety margin 

(tons/day) 

VOC ................................................................................................................................. 787.45 611.95 175.60 

NOX .................................................................................................................................. 896.76 427.11 469.65 

Illinois has requested the allocation of 

12 tons/day of the VOC and 25 tons/day 

of NOX from the safety margins to the 

2025 MVEBs. Table 2 shows the 

approved 1997 8-hour ozone 

maintenance plan MVEBs, the amount 

of emissions from the safety margin 

allocated to the new MVEBs, and new 

MVEBs. 

TABLE 2—APPROVED AND NEW MVEBS FOR CHICAGO’S 1997 8-HOUR OZONE MAINTENANCE PLAN

Pollutant 

Approved 2025 

MVEB 

(tons/day) 

Safety margin 

allocation 

(tons/day) 

New 2025 

MVEB 

(tons/day) 

VOC ................................................................................................................................. 48.13 12.00 60.13 

NOX .................................................................................................................................. 125.27 25.00 150.27 

Tables 1 and 2 show that the total 

year 2025 emissions of VOC and NOX

for the area will remain below the 

attainment level required by the 

transportation conformity regulations. 

On this basis, EPA concludes that the 

maintenance plan update does not 

interfere with attainment or 

maintenance of any air quality NAAQS. 

The revised MVEBs will be used to 

show that the area’s transportation plan 

and transportation improvement 

program conform to the SIP for any 

required analysis year starting with 

2025 through the last year of the area’s 

transportation plan. This revision to the 

MVEBs has no impact on transportation 

conformity requirements for any year 

prior to 2025. 

The commenter does not provide any 

information to demonstrate that 

approval of this maintenance plan 

update would have any impact on the 

area’s ability to comply with the 2008 

ozone NAAQS. In fact, the maintenance 

plan update provided with the State’s 

submission demonstrates a decline in 

ozone precursor emissions over the 

timeframe of the initial maintenance 

period. The maintenance plan update 

will not relax the currently applicable 

MVEB that is used for any analysis year 

prior to 2025, nor will the maintenance 

plan update alter the status quo of the 

air quality, at least through 2025. As 

stated above, this area’s attainment date 

for the 2008 ozone NAAQS is December 

31, 2015. We believe they will attain (or 

adopt a strategy to attain) the ozone 

NAAQS well before 2025, so the change 

to the 2025 budget should not interfere 

with the attainment of the 2008 ozone 

NAAQS as expeditiously as practicable. 

Accordingly, EPA finds no basis under 

section 110(l) for EPA to disapprove the 

SIP revision. 

III. What action is EPA taking? 

EPA is approving a revision to the 

1997 8-hour ozone maintenance plan for 

the Illinois portion of the Greater 

Chicago Area. The revision will change 

the MVEBs for VOC and NOX that are 

used for transportation conformity 

purposes. The new 1997 8-hour ozone 

maintenance plan MVEBs for the 

Illinois portion of the Greater Chicago 

Area are 60.13 tons/day of VOC 

emissions and 150.27 tons/day of NOX

emissions for the year 2025. The 

revision will keep the total emissions 

for the area at or below the attainment 

levels required by law. This action will 

allow State or local agencies to continue 

to maintain air quality while allowing 

planned transportation projects to 

proceed. 

IV. 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 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); 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 60075 

• 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 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). 

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 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 5, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Oxides of Nitrogen, Ozone, 

Volatile organic compounds. 

Dated: September 22, 2014. 

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 52.726 is amended by 

adding paragraph (oo) to read as 

follows: 

§ 52.726 Control strategy: Ozone. 

* * * * * 

(oo) Approval—On March 28, 2014, 

the State of Illinois submitted a revision 

to its State Implementation Plan for the 

Illinois portion of the Chicago-GaryLake County, Illinois-Indiana area (the 

Greater Chicago Area). The submittal 

established new Motor Vehicle 

Emissions Budgets (MVEB) for Volatile 

Organic Compounds (VOC) and Oxides 

of Nitrogen (NOX) for the year 2025. The 

MVEBs for the Illinois portion of the 

Greater Chicago Area are: 60.13 tons/

day of VOC emissions and 150.27 tons/ 

day of NOX emissions for the year 2025. 

[FR Doc. 2014–23795 Filed 10–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0888; EPA–R05– 

OAR–2012–0991; FRL 9917–32–Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Infrastructure SIP Requirements for 

the 2008 Lead and 2010 NO2 NAAQS 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve elements of state 

implementation plan (SIP) submissions 

from Ohio regarding the infrastructure 

requirements of section 110 of the Clean 

Air Act (CAA) for the 2008 lead (Pb) and 

2010 nitrogen dioxide (NO2) National 

Ambient Air Quality Standards 

(NAAQS). The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. The 

proposed rulemaking associated with 

this final action was published on July 

25, 2014, and EPA received no 

comments pertaining to infrastructure 

for the 2008 Pb or 2010 NO2 NAAQS 

during the comment period, which 

ended on August 25, 2014. The 2008 

ozone and 2010 SO2 infrastructure SIPs 

were also addressed in the proposed 

rulemaking but will be addressed in a 

separate final rulemaking. 

DATES: This final rule is effective on 

November 5, 2014. 

ADDRESSES: EPA has established dockets 

for this action under Docket ID No. 

EPA–R05–OAR–2011–0888 (2008 Pb 

infrastructure SIP elements) and Docket 

ID No. EPA–R05–OAR–2012–0991 

(2010 NO2 infrastructure SIP elements). 

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., Confidential Business Information 

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 U.S. 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 


tkelley on DSK3SPTVN1PROD with RULES