[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Rules and Regulations]
[Pages 80402-80404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22730]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2024-0105; EPA-R05-OAR-2024-0320; FRL-12240-02-R5]


Air Plan Approval; Illinois; NAAQS Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the Illinois 
Environmental Protection Agency (IEPA or Illinois). The revisions, 
submitted on February 26, 2024, and July 8, 2024, incorporate 
amendments to the Illinois air pollution control rules entitled ``Part 
243--Ambient Air Quality Standards'' in response to EPA rulemakings and 
changes to the National Ambient Air Quality Standards (NAAQS) that EPA 
adopted in 2022 and 2023.

DATES: This direct final rule will be effective December 2, 2024, 
unless EPA receives adverse comments by November 4, 2024. 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-2024-0105 at https://www.regulations.gov, or via email to 
<a href="/cdn-cgi/l/email-protection#7a1b08081b54091b081b123a1f0a1b541d150c"><span class="__cf_email__" data-cfemail="1b7a69697a35687a697a735b7e6b7a357c746d">[email protected]</span></a>. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from the docket. EPA may publish 
any comment received to its public docket. Do not submit electronically 
any information you consider to be Confidential Business Information 
(CBI), Proprietary Business Information (PBI), or other information 
whose disclosure is restricted by statute. Multimedia submissions 
(audio, video, etc.) must be accompanied by a written comment. The 
written comment is considered the official comment and should include 
discussion of all points you wish to make. EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI, PBI, or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mayesha Choudhury, Air and Radiation 
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-5909, 
<a href="/cdn-cgi/l/email-protection#1e7d76716b7a766b6c6730737f677b6d767f5e7b6e7f30797168"><span class="__cf_email__" data-cfemail="d9bab1b6acbdb1acaba0f7b4b8a0bcaab1b899bca9b8f7beb6af">[email protected]</span></a>. The EPA Region 5 office is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background

A. Illinois Submittals

    On February 26 and July 8, 2024, IEPA submitted revisions to the 
SIP that update Part 243 in Title 35 of the Illinois Administrative 
Code (IAC). The SIP submissions update section 243.108 of Title 35 by 
incorporating EPA's updated ``List of Designated Reference and 
Equivalent Methods,'' which is used to determine compliance with the 
NAAQS (fine particulate matter and coarse particulate matter, sulfur 
dioxide (SO<INF>2</INF>), carbon monoxide, lead, oxides of nitrogen, 
and ozone). The February 2024 submission includes EPA's designation of 
one new equivalent method for measuring concentrations of fine 
particulate matter (PM<INF>2.5</INF>) in ambient air.\1\ This 
designation was enacted and effective on October 5, 2023. The July 2024 
submission incorporates EPA's designation of a new equivalent method 
for measuring Particulate Matter (PM<INF>10</INF>) in ambient air, also 
found in section 243.108.\2\ The designation was enacted and effective 
May 16, 2024.
---------------------------------------------------------------------------

    \1\ See 87 FR 65203 (October 28, 2022).
    \2\ See 88 FR 76212 (November 6, 2023).
---------------------------------------------------------------------------

    The July 2024 submission also incorporates references to EPA's 
updated ozone absorption cross-section value,\3\ which is a standard 
parameter used to measure concentrations of ozone, and makes 
corrections to section 243.125(b)(3) to reflect word style used by EPA 
in past NAAQS amendments.
---------------------------------------------------------------------------

    \3\ See 88 FR 70595 (October 12, 2023).
---------------------------------------------------------------------------

B. List of Designated and Reference Equivalent Methods

    EPA evaluates various methods for monitoring the concentrations of 
criteria pollutants under the NAAQS. Equivalent methods for measuring 
criteria pollutants are designated by EPA as monitoring methods that 
meet specific requirements for determining

[[Page 80403]]

compliance with the NAAQS under 40 CFR part 58.
    On October 28, 2022, EPA designated one new equivalent method for 
measuring concentrations of PM<INF>2.5</INF> in ambient air.\4\ The new 
method, EQPM-0922-260 ``Ambilabs Model 2WIN PM<INF>2.5</INF> FEM 
Monitor,'' is an automated method (analyzer) utilizing an optically 
based measurement principle.
---------------------------------------------------------------------------

    \4\ See supra note 1.
---------------------------------------------------------------------------

    On November 6, 2023, EPA designated a new equivalent method for 
measuring concentrations of PM<INF>10</INF> in ambient air.\5\ The new 
method, EQPM-0923-262 ``Vashti Instruments Pvt. Ltd Vair-9009 
p.m.<INF>10</INF> Monitor,'' is an automated monitoring method 
(monitor) utilizing the measurement principle based on beta-ray 
attenuation.
---------------------------------------------------------------------------

    \5\ See supra note 2.
---------------------------------------------------------------------------

C. Update to Ozone Absorption Cross-Section Value

    On October 5, 2023, EPA updated the ozone absorption cross-section 
value, which is used in ultraviolet-based ozone analyzers and Standard 
Reference Photometers. The new value represents an increased accuracy 
of surface ozone monitoring measurements and reduced uncertainty in 
ozone measured concentrations.\6\ EPA updated references in the 
regulations regarding this value \7\ and Illinois's July 2024 submittal 
amends the existing corresponding state rules to provide consistency 
with the Federal regulations.
---------------------------------------------------------------------------

    \6\ See supra note 3.
    \7\ See 40 CFR part 50, appendix D--Reference Measurement 
Principle and Calibration Procedure for the Measurement of Ozone in 
the Atmosphere (Chemiluminescence Method).
---------------------------------------------------------------------------

II. What is EPA's analysis of the State's submittals?

    Section 243.108--Incorporation by Reference incorporates EPA's 
updates to its ``List of Designated Reference and Equivalent Methods'' 
for measuring ambient concentrations to demonstrate compliance with the 
NAAQS. The SIP revision would update section 243.108 to incorporate the 
changes from EPA's actions dated October 28, 2022 (87 FR 65203) and 
November 6, 2023 (88 FR 76212).
    Section 243.125--Ozone incorporates EPA's references to the updated 
ozone absorption cross-section value. The SIP revision would update 
word style in section 243.125 and would make a minor correction to a 
reference to an EPA regulation regarding the measurement of ozone (40 
CFR part 50, appendix D).
    EPA has reviewed the state revisions and finds that they are 
equivalent to EPA requirements and strengthen the Illinois SIP.

III. What action is EPA taking?

    EPA is approving the revisions to 35 IAC 243.108 as outlined in 
Illinois' February 26, 2024, and July 8, 2024, submittals.
    We are publishing this action without prior proposal because we 
view these as noncontroversial amendments 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 December 2, 
2024 without further notice unless we receive relevant adverse written 
comments by November 4, 2024. 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 
December 2, 2024.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Illinois 
regulations described in section I of this preamble and set forth in 
the amendments to 40 CFR part 52 below. EPA has made, and will continue 
to make, these documents generally available through 
www.regulations.gov and at the EPA Region 5 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\8\
---------------------------------------------------------------------------

    \8\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the Clean Air Act (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 14094 (88 FR 21879, April 11, 2023);
    <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 (Pub. L. 104-4);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <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.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian Tribe has 
demonstrated that a Tribe has jurisdiction. In those areas of Indian 
country, the rule does not have Tribal implications and will not impose 
substantial direct costs on Tribal governments or preempt Tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

[[Page 80404]]

    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
EPA defines EJ as ``the fair treatment and meaningful involvement of 
all people regardless of race, color, national origin, or income with 
respect to the development, implementation, and enforcement of 
environmental laws, regulations, and policies.'' EPA further defines 
the term fair treatment to mean that ``no group of people should bear a 
disproportionate burden of environmental harms and risks, including 
those resulting from the negative environmental consequences of 
industrial, governmental, and commercial operations or programs and 
policies.''
    IEPA did not evaluate EJ considerations as part of its SIP 
submittals; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this action. Consideration of EJ is 
not required as part of this action, and there is no information in the 
record inconsistent with the stated goal of E.O. 12898 of achieving EJ 
for communities with EJ concerns.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 2, 2024. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. 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 this 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, Particulate matter, Ozone, 
Reporting and recordkeeping requirements.

    Dated: September 27, 2024.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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


0
2. In Sec.  52.720, the table in paragraph (c) is amended by revising 
the entries for ``243.108'' and ``243.125'' to read as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Illinois Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                           State
        Illinois citation             Title/subject      effective    EPA approval date          Comments
                                                            date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
243.108..........................  Incorporations by      5/16/2024  10/3/2024, [INSERT   ......................
                                    Reference.                        FIRST PAGE OF
                                                                      FEDERAL REGISTER
                                                                      CITATION].
 
                                                  * * * * * * *
243.125..........................  Ozone..............    5/16/2024  10/3/2024, [INSERT   ......................
                                                                      FIRST PAGE OF
                                                                      FEDERAL REGISTER
                                                                      CITATION].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2024-22730 Filed 10-2-24; 8:45 am]
BILLING CODE 6560-50-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>