80402 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Rules and Regulations 

1See 87 FR 65203 (October 28, 2022). 

2See 88 FR 76212 (November 6, 2023). 

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

§ 165.T05–0700 Safety Zone; Atlantic 

Ocean, Point Pleasant Beach, NJ. 

(a) Location. All navigable waters, on 

a portion of the Atlantic Ocean, within 

500 yards of a sunken vessel being 

salvaged, in position latitude 

40°05′32.3′′ N, longitude 74°01′28.4′′ W. 

(WGS 84) 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

petty officer, warrant or commissioned 

officer on board a Coast Guard vessel or 

on board a federal, state, or local law 

enforcement vessel assisting the Captain 

of the Port (COTP), Sector Delaware Bay 

in the enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter or remain 

in the safety zone described in 

paragraph (a) of this section unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) To seek permission to enter or 

remain in the zone, contact the COTP or 

the COTP’s representative via VHF–FM 

channel 16 or (215) 271–4807. Those in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(4) This section applies to all vessels 

except those engaged in law 

enforcement, aids to navigation 

servicing, and emergency response 

operations. 

(d) Enforcement. (1) The safety zone 

created by this section will be enforced 

only upon issuance of a Broadcast 

Notice to Mariners (BNM) by the COTP, 

as well as on-scene notice or other 

appropriate means in accordance with 

165.7. 

(2) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the safety zone by Federal, State, and 

local agencies. 

(e) Enforcement period. This rule will 

be enforced for a seven-day period 

between October 1, 2024, and October 

31, 2024, after issuance of a BNM, as 

detailed above. 

Dated: September 27, 2024. 

Kate F. Higgins-Bloom, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Delaware Bay. 

[FR Doc. 2024–22817 Filed 10–2–24; 8:45 am] 

BILLING CODE 9110–04–P 

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 

arra.sarah@epa.gov. 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-epadockets. 

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, 

choudhury.mayesha@epa.gov. 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 

(SO2), 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 (PM2.5) 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 (PM10) 

in ambient air, also found in section 

243.108.2 The designation was enacted 

and effective May 16, 2024. 

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. 

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 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Rules and Regulations 80403 

4See supra note 1. 

5See supra note 2. 

6See supra note 3. 

7See 40 CFR part 50, appendix D—Reference 

Measurement Principle and Calibration Procedure 

for the Measurement of Ozone in the Atmosphere 

(Chemiluminescence Method). 8 62 FR 27968 (May 22, 1997). 

compliance with the NAAQS under 40 

CFR part 58. 

On October 28, 2022, EPA designated 

one new equivalent method for 

measuring concentrations of PM2.5 in 

ambient air.4 The new method, EQPM– 

0922–260 ‘‘Ambilabs Model 2WIN PM2.5

FEM Monitor,’’ is an automated method 

(analyzer) utilizing an optically based 

measurement principle. 

On November 6, 2023, EPA 

designated a new equivalent method for 

measuring concentrations of PM10 in 

ambient air.5 The new method, EQPM– 

0923–262 ‘‘Vashti Instruments Pvt. Ltd 

Vair-9009 p.m.10 Monitor,’’ is an 

automated monitoring method (monitor) 

utilizing the measurement principle 

based on beta-ray attenuation. 

C. Update to Ozone Absorption CrossSection 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. 

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

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: 

• 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); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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). 


ddrumheller on DSK120RN23PROD with RULES1
80404 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Rules and Regulations 

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 

■ 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 

(c) is amended by revising the entries 

for ‘‘243.108’’ and ‘‘243.125’’ to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES

Illinois citation Title/subject 

State 

effective 

date 

EPA approval date Comments 

*******

243.108 .................................... Incorporations by Reference ... 5/16/2024 10/3/2024, [INSERT 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 


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