[Federal Register Volume 86, Number 116 (Monday, June 21, 2021)]
[Proposed Rules]
[Pages 32366-32369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12832]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0544, EPA-R05-OAR-2021-0144; FRL-10024-94-Region 5]


Air Plan Approval; Illinois; National Ambient Air Quality 
Standards Updates; Reference and Equivalent Methods Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve

[[Page 32367]]

several revisions to the Illinois State Implementation Plan (SIP). 
First, EPA is proposing to approve amendments to the Illinois SIP that 
incorporate by reference EPA's current national ambient air quality 
standard (NAAQS) for ozone, particulate matter, lead, nitrogen dioxide, 
and sulfur oxides. Second, EPA is proposing to approve revisions to the 
Illinois SIP that incorporate by reference current Federal Reference 
Methods (FRMs) for monitoring carbon monoxide, ozone, particulate 
matter, lead, nitrogen dioxide, and sulfur oxides. Third, EPA is 
proposing to approve an amendment to the Illinois SIP that reflects a 
recent update to EPA's List of Designated Reference and Equivalent 
Methods. Lastly, EPA is also proposing to approve minor revisions and 
corrections to the Illinois SIP.

DATES: Comments must be received on or before July 21, 2021.

ADDRESSES: Submit your comments, identified by Docket ID Nos. EPA-R05-
OAR-2020-0544 and EPA-R05-OAR-2021-0144 at http://www.regulations.gov, 
or via email to <a href="/cdn-cgi/l/email-protection#dfbdb3beb4b3baa6f1afbeb2bab3be9fbaafbef1b8b0a9"><span class="__cf_email__" data-cfemail="ee8c828f85828b97c09e8f838b828fae8b9e8fc0898198">[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 
Regulations.gov. For either manner of submission, EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
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 or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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, 
<a href="/cdn-cgi/l/email-protection#4e232f272b3a3a2f602f203a262120370e2b3e2f60292138"><span class="__cf_email__" data-cfemail="a5c8c4ccc0d1d1c48bc4cbd1cdcacbdce5c0d5c48bc2cad3">[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 and 
facility closures due to COVID-19.

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. EPA's Analysis of the SIP Amendments
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On October 20, 2020 and February 16, 2021, the Illinois 
Environmental Protection Agency (IEPA) requested that EPA approve 
amendments to the Illinois SIP. The following sections of Title 35 of 
the Illinois Administrative Code (IAC), Part 243, Subpart A: General 
Provisions were amended: 243.101 Definitions, 243.102 Scope, 243.105 
Air Quality Monitoring Data Influenced by Exceptional Events, 243.107 
Reference Conditions, and 243.108 Incorporations by Reference. The SIP 
revisions also amend the following sections of 35 IAC Part 243, Subpart 
B: Standards and Measurement Methods: 243.120 PM<INF>10</INF> and 
PM<INF>2.5</INF>; 243.122 Sulfur Oxides (Sulfur Dioxide); 243.123 
Carbon Monoxide; 243.124 Nitrogen Oxides (Nitrogen Dioxide as 
Indicator); and 243.126 Lead.
    The Illinois Pollution Control Board (IPCB) adopted these SIP 
amendments in four different state actions. Three of those actions, 
R19-14 (July 1, 2018 through December 31, 2018), R20-3 (January 1, 2019 
through June 30, 2019), and R20-11 (July 1, 2019 through December 31, 
2019), were consolidated into a single docket by IPCB called R19-14/
R20-3/R20-11 (Consolidated) and a proposal of the consolidated 
amendments was published in the Illinois Register on June 5, 2020. IPCB 
held a public hearing on the consolidated rulemakings on July 16, 2020, 
with remote access because of the coronavirus pandemic. A public 
comment was received requesting clarification on a potential error in 
the proposed amendment, and in response the error was recognized and 
corrected by IPCB. A final notice of adopted amendments was published 
in the Illinois Register on September 4, 2020 with an effective date of 
August 18, 2020.
    The proposed amendments contained in the fourth state action, R21-
1, were published in the Illinois Register on October 2, 2020. IPCB 
held a public hearing on R21-1 on November 19, 2020, with remote access 
because of the coronavirus pandemic. A public comment was received 
requesting to add punctuation to an abbreviation contained in the 
amended rules, and the request was responded to and fulfilled by the 
IPCB. A final notice of adopted amendments was published in the 
Illinois Register on January 4, 2021 with an effective date of December 
17, 2020.

II. EPA's Analysis of the SIP Amendments

    Section 10(H) of the Illinois Environmental Protection Act at 
Chapter 415 of the Illinois Compiled Statutes directs IPCB to adopt 
ambient air quality standards that are identical in substance to the 
NAAQS promulgated by EPA. Illinois requested the amendments to 35 IAC 
Part 243 be approved into the Illinois SIP to meet this state 
requirement. The amendments contained in the October 20, 2020 and 
February 16, 2021 submittals update the air quality standards, revise 
FRMs, and provide corrections and grammatical revisions that increase 
the clarity of the rules.

Amendments to 35 IAC 243.101

    There were several amendments to 35 IAC 243.101 Definitions in the 
February 16, 2021 submittal. Under the definitions of ``Exceptional 
event'', ``Federal equivalent method'', and ``Federal reference 
method'', the word ``which'' has been replaced with ``that''. In all 
three cases, the revisions are grammar corrections and do not change 
the meaning of the definitions but do help make these definitions 
clearer to the reader and therefore are approvable.
    Reference years for Code of Federal Regulations (CFR) citations 
have been removed from the definition of ``Federal land manager'', 
which is approvable because they do not affect the citations listed, 
instead they will reference the most current edition of the CFR. The 
definition of ``USEPA'' was revised to replace ``where'' with ``if'' 
when describing the use of ``USEPA'' in context of quoting EPA using 
the word ``Administrator''. These revisions are approvable because they 
simply correct grammar or make the definitions clearer.

Amendments to 35 IAC 243.102

    In the February 16, 2021 submittal, paragraph (a) of 35 IAC 243.102 
Scope contained amended language to make clearer that both Sections 7.2 
and 10(H) of the Illinois Environmental Protection Act apply to 35 IAC 
Part 243. The amendment is approvable because the previous wording did 
not make clear that both Section 7.2 and Section 10(H) are in Chapter 
415 of the Illinois

[[Page 32368]]

Compiled Statutes. In the Board Note at the end of this section, a 2012 
reference year in a citation to 40 CFR 50.2 was removed. This is an 
approvable amendment because it removes a specific edition year and 
instead points the reader to the current edition of 40 CFR 50.2.

Amendments to 35 IAC 243.105

    In the Board Note at the end of 35 IAC 243.105 Air Quality 
Monitoring Data Influenced by Exceptional Events, a 2012 reference year 
in a citation to 40 CFR 50.14 was removed, thereby indicating the 
current edition of 40 CFR 50.14. 35 IAC 243.105(a) was revised to 
improve the grammar of the description of an exceptional event. An 
incorrect spelling of the word ``determination'' was corrected in 35 
IAC 243.105(b). The grammar and spelling revisions are approvable 
because they improve the clarity of the rules for the reader.

Amendments to 35 IAC 243.107

    35 IAC 243.107 Reference Conditions was amended to correct a 
notation of temperature by placing the degree symbol next to the number 
of degrees indicated in the rule. This is approvable because it is 
simply a correction. The Board Note at the end of this section was 
amended to remove a reference year to a citation to 40 CFR 50.3. This 
is approvable because it points the reader to the most current edition 
of the CFR.

Amendments to 35 IAC 243.108

    In the October 20, 2020 submittal, 35 IAC 243.108 Incorporations by 
Reference was amended by removing the specific street address and 
outdated telephone number for the Government Printing Office (GPO) in 
Washington, DC. An updated telephone number and website have been 
added. Since the amendment updates outdated information to make the 
rule clear and current, it is acceptable.
    Incorporations by reference for the following appendices to title 
40, part 50 of the CFR have been amended in the October 20, 2020 
submittal by changing the reference year of 2018 to 2019 in order to 
reflect EPA actions taken to sections corresponding to each appendix in 
2019. Illinois updated section 243.108 to incorporate by reference 
appendices A-1, A-2, B, C, D, F, G, J, K, L, N, O, P, Q, R, S, T, and U 
of 40 CFR part 50, to the 2019 edition of the CFR. Because the 
amendments simply update the reference year for the incorporation of 
the appendices to 2019, which was the latest version of the CFR 
available at the time of Illinois' rule adoption, they are approvable.
    In the October 20, 2020 submittal, Illinois also amended the 
reference year to 2019 for incorporations by reference to 40 CFR 50 
appendices H and I. However, in its subsequent February 16, 2021 
submittal Illinois removed these two incorporations by reference. 
Removal of these two incorporations by reference is acceptable because 
they pertain to the 1979 and 1997 ozone NAAQS, which have been revoked 
by EPA and references to these NAAQS have already been removed from the 
Illinois SIP (80 FR 28835 and 82 FR 32771). Therefore, removal of 
incorporations by reference to 40 CFR 50 appendices H and I from 35 IAC 
243.108 from the Illinois SIP is approvable.
    In the October 20, 2020 submittal, the incorporation by reference 
of definitions contained in the Clean Air Act (CAA) was incorrectly 
amended from 2016 to 2019. The February 16, 2021 submittal corrected 
the reference date to 2018 in the state's rule, reflecting the correct 
date of the latest CAA edition and Definitions section at 35 IAC 
243.101. Those changes are approvable because they make clear the 
correct version of the CAA edition as well as the correct state rule 
that the definitions incorporated from the CAA apply to within 
Illinois' rules (35 IAC 243.101). EPA proposes taking no action on the 
October 20, 2020 submittal's amendment of this incorporation by 
reference and proposes approval of the February 16, 2021 amendment for 
the aforementioned reason.
    In the February 16, 2021 submittal, a link to the GPO website was 
amended to reflect the current www.govinfo.gov address, which is 
acceptable. As noted in the rule, the latest editions of EPA rules and 
methods incorporated by reference in 35 IAC 243.108 can currently be 
found at that web address.
    In the October 20, 2020 submittal, the incorporation by reference 
of EPA's List of Designated Reference and Equivalent Methods was 
incorrectly amended for a reference year of June 15, 2018 to December 
15, 2019. The February 16, 2021 submittal subsequently amended the 
reference year to June 15, 2020 which is consistent with the most 
current revision of the list at the time of the R21-1 final rulemaking. 
EPA is taking no action on the October 20, 2020 amendment and proposing 
to approve the subsequent February 16, 2021 amendment.

Amendments to 35 IAC 243.120

    In the October 20, 2020 submittal, the Board Note at the end of 35 
IAC 243.120 PM<INF>10</INF> and PM<INF>2.5</INF> \1\ subsection (a) was 
amended to remove language referencing the 1997 primary annual 
PM<INF>2.5</INF> NAAQS. Reference to the 1997 primary annual 
PM<INF>2.5</INF> NAAQS was removed from 35 IAC 243.120(b). 
Additionally, subsection (b)(4), which identified the St. Louis 1997 
PM<INF>2.5</INF> nonattainment area, was removed. Subsection (c) was 
revised to remove language referencing the 2006 primary annual 
PM<INF>2.5</INF> NAAQS. Additionally, paragraph (c)(4), which 
identified the St. Louis 2006 annual PM<INF>2.5</INF> nonattainment 
area, was removed. The remainder of 35 IAC 243, including references to 
the 1997 and 2006 secondary annual PM<INF>2.5</INF> NAAQS, was not 
revised. The revisions to 35 IAC Part 243 are approvable because they 
reflect EPA's revocation of the 1997 annual PM<INF>2.5</INF> NAAQS on 
August 24, 2016 (81 FR 58010) and the subsequent redesignation of the 
Illinois portion of the St. Louis area to attainment of the 1997 annual 
PM<INF>2.5</INF> NAAQS on December 27, 2018 (83 FR 66631).
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    \1\ PM<INF>10</INF> refers to particles with an aerodynamic 
diameter of less than or equal to 10 micrometers. PM<INF>2.5</INF> 
refers to particles with an aerodynamic diameter of less than or 
equal to 2.5 micrometers, oftentimes referred to as ``fine'' 
particles.
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Revisions to 35 IAC Part 243.122

    In the October 20, 2020 submittal, 35 IAC 243.122 Sulfur Oxides 
(Sulfur Dioxide) was revised to remove applicability of the 1971 
primary annual average and 24-hour NAAQS for sulfur dioxide 
(SO<INF>2</INF>) for all areas in Illinois except for Macon County 
because EPA has yet to promulgate the attainment status of Macon County 
(83 FR 1098). This revision is approvable because EPA revoked the 1971 
primary annual and 24-hour SO<INF>2</INF> NAAQS on June 22, 2010 (75 FR 
35520).

Amendments to 35 IAC 243.123, 243.124, and 243.126

    In the October 20, 2020 submittal, Illinois made a minor revision 
to 35 IAC 243.123 Carbon Monoxide with a cleanup of language in the 
Board Note within the section. Similar revisions were made to the Board 
Notes within and at the ends of 35 IAC 243.124 Nitrogen Oxides 
(Nitrogen Dioxide as Indicator) and 35 IAC 243.126 Lead. These 
revisions condense the language and remove the reference date to a CFR 
citation in each section's Board Note. The revisions are approvable 
because they make clearer to the reader where the regulatory content of 
the sections come from and direct the reader to the most current 
edition of the CFR.

[[Page 32369]]

III. What action is EPA taking?

    EPA is proposing to approve the October 20, 2020 submittal, except 
for 35 IAC 243.108, and the February 16, 2021 submittal, in its 
entirety.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the following rules in Part 243 of the Illinois 
Administrative Code: Rules 243.120, 243.122, 243.123, 243.124, and 
243.126, effective August 18, 2020, and Rules 243.101, 243.102, 
243.105, 243.107, and 243.108, effective December 17, 2020, discussed 
in section II of this preamble. 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).

V. 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 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 (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 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).
    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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 14, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-12832 Filed 6-17-21; 4:15 pm]
BILLING CODE 6560-50-P


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