48448 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations 

■ 2. In § 52.1870 the table in paragraph 

(e) is amended by adding a new entry 

for ‘‘Lead (2008)’’ under sub-heading 

‘‘Summary of Criteria Pollutant 

Maintenance Plan’’ to read as follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title Applicable geographical 

or non-attainment area State date EPA approval Comments 

*******

Lead (2008) ....... Delta (partial Fulton 

County).

4/27/2017 10/18/2017, [insert Federal Register citation].Includes approval of the 2013 lead base year emissions inventory and Preventative Maintenance 

Plan as RACM for the Bunting Bearing LLC Delta 

facility. 

*******

■ 3. Section 52.1893 is amended by 

adding new paragraphs (f), (g) and (h) to 

read as follows: 

§ 52.1893 Control strategy: Lead (Pb). 

* * * * * 

(f) Ohio’s 2013 lead emissions 

inventory for the Fulton County area, 

submitted on April 27, 2017, to meet the 

emission inventory requirements of 

section 172(c)(3) of the Clean Air Act for 

the Fulton County area. 

(g) Approval—The 2008 lead 

maintenance plan for the Fulton 

County, Ohio nonattainment area, 

submitted on April 27, 2017. 

(h) Existing controls and maintenance 

provisions in the Air Pollution Permitsto-install and operate P0108083, 

P0121822, P0120836, and P0121942 for 

the Bunting Bearing LLC Delta facility 

including the preventative maintenance 

plan as fulfilling the RACM/RACT 

172(c)(1) requirement. Permits 

P0120836, P0121822, and P0121942, all 

issued February 28, 2017, require a 

combined limit of 0.150 pounds lead 

per hour for the exhaust of units P006 

to P011, P013, P020 to P025, P029 to 

P032, P035, and P036. Permit P0108083, 

issued October 29, 2012, requires a 

combined limit of 0.150 pounds lead 

per hour for units P014 to P019 and 

P028 and a combined limit of 0.075 lb/ 

hr for unit P005. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 4. The authority citation for part 81 

continues to read as follows: 

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

■ 5. Section 81.336 is amended by 

revising the entry for Delta, OH in the 

table entitled ‘‘Ohio—2008 Lead 

NAAQS’’ to read as follows: 

§ 81.336 Ohio. 

* * * * * 

OHIO—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 

NAAQSa

Date 1 Type 

*******

Delta, OH: 

Fulton County (part) ....................................................................................................................................... 10/18/2017 Attainment. 

The portions of Fulton County that are bounded by: sections 12 and 13 of York Township and sections 7 and 18 of Swan Creek Township.

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1 December 31, 2011, unless otherwise noted. 

[FR Doc. 2017–22495 Filed 10–17–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2016–0593; FRL–9969–69– 

Region 5] 

Air Plan Approval; Illinois; 

Redesignation of the Chicago and 

Granite City Areas to Attainment of the 

2008 Lead Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the Illinois 

Environmental Protection Agency’s 

(Illinois EPA’s) request to redesignate 

the Chicago and Granite City 

nonattainment areas (hereafter also 

referred to as the ‘‘areas’’) to attainment 

for the 2008 national ambient air quality 

standards (NAAQS or standards) for 

lead, also identified as Pb. EPA is also 

approving, as revisions to the Illinois 

state implementation plan (SIP): The 

state’s plan for maintaining the 2008 

lead NAAQS in the areas for a period of 

ten years following these redesignations; 


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the emissions inventories for the areas; 

and rules applying emission limits and 

other control requirements to lead 

sources in the areas. EPA is taking these 

actions in accordance with applicable 

regulations and guidance that address 

implementation of the 2008 lead 

NAAQS. 

DATES: This direct final rule will be 

effective December 18, 2017, unless EPA 

receives adverse comments by 

November 17, 2017. 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–2016–0593 at https://

www.regulations.gov or via email to 

aburano.douglas@epa.gov. 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 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Eric 

Svingen, Environmental Engineer, 

Attainment Planning and Maintenance 

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

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–4489, 

svingen.eric@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 actions is EPA taking? 

II. What is the background for these actions? 

III. What are the criteria for redesignation to 

attainment? 

IV. What is EPA’s analysis of the state’s 

request? 

V. What are the effects of EPA’s actions? 

VI. Incorporation by Reference 

VII. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

EPA is approving Illinois’ request to 

redesignate the Chicago and Granite 

City areas from nonattainment to 

attainment for the 2008 lead NAAQS 

under section 107(d)(3)(E) of the Clean 

Air Act (CAA) and taking several related 

actions. These actions include approval 

of, as revisions to the Illinois SIP, 

Illinois’: Lead maintenance plan for the 

areas under section 175A; 2012 lead 

emission inventories under section 

172(c)(3); and rules applying emission 

limits and other control requirements to 

lead sources in the Chicago and Granite 

City areas. 

EPA’s analysis for taking these actions 

is discussed in Section IV below. 

II. What is the background for these 

actions? 

Lead is a metal found naturally in the 

environment as well as in manufactured 

products. Lead may have serious public 

health effects depending on the level of 

exposure. Lead can adversely affect the 

nervous system, kidney function, 

immune system, reproductive system, 

and cardiovascular system. Infants and 

young children are especially sensitive 

to even low levels of lead, which may 

contribute to behavioral problems, 

learning deficits, and lowered IQ. The 

major sources of lead for air emissions 

have historically been from fuels used 

in on-road motor vehicles (such as cars 

and trucks) and industrial sources. As a 

result of EPA’s regulatory efforts to 

remove lead from on-road motor vehicle 

gasoline, emissions of lead from the 

transportation sector dramatically 

declined by 95 percent between 1980 

and 1999, and levels of lead in the air 

decreased by 94 percent between 1980 

and 1999. 

Today, the highest levels of lead in 

the air are usually found near lead 

smelters. The major sources of lead 

emissions to the air today are ore and 

metals processing and piston-engine 

aircraft operating on leaded aviation 

gasoline. 

On November 12, 2008 (73 FR 66964), 

EPA established the 2008 primary and 

secondary lead NAAQS at 0.15 

micrograms per cubic meter (mg/m3) 

based on a maximum arithmetic 3- 

month mean concentration for a 3-year 

period. See 40 CFR 50.16. 

On November 22, 2010 (75 FR 71033), 

EPA published its initial air quality 

designations and classifications for the 

2008 lead NAAQS based upon air 

quality monitoring data for calendar 

years 2007–2009. These designations 

became effective on December 31, 2010. 

In this initial round, the Granite City 

area was designated nonattainment for 

the 2008 lead NAAQS. On November 

22, 2011 (76 FR 72097), EPA published 

a second and final round of designations 

for the 2008 lead NAAQS based upon 

air quality monitoring data for calendar 

years 2008–2010. These designations 

became effective on December 31, 2011. 

In this second round, the Chicago area 

was designated nonattainment for the 

2008 lead NAAQS. See 40 CFR 81.314. 

On January 9, 2014, Illinois EPA 

submitted to EPA an attainment 

demonstration for the 2008 lead 

NAAQS. This submission included a 

request to incorporate into the Illinois 

SIP new rules at Title 35 Illinois 

Administrative Code (Ill. Adm. Code) 

Part 226. On June 17, 2014, Illinois EPA 

supplemented this submission with 

additional information regarding the 

state rulemaking process. 

On September 22, 2016, Illinois EPA 

requested that the Granite City and 

Chicago lead nonattainment areas be 

redesignated to attainment for the 2008 

lead NAAQS and submitted the 

maintenance plan for the areas as a 

proposed revision to the Illinois SIP. In 

this September 22, 2016, submission, 

Illinois EPA withdrew most parts of the 

previous two submissions, but did not 

withdraw the request that EPA approve, 

as a revision to the Illinois SIP, the 

requirements at 35 Ill. Adm. Code Part 

226 to limit lead emissions in the areas. 

Illinois similarly did not withdraw 

certain attachments and support 

documents, such as emissions 

inventories and modeling data, that are 

relevant to this request. On February 16, 

2017, Illinois EPA clarified certain 

details regarding the maintenance plan 

components of its September 22, 2016 

submission. 

III. What are the criteria for 

redesignation to attainment? 

The CAA sets forth the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) of the CAA allows for 

redesignation provided that: (1) The 

Administrator determines that the area 

has attained the applicable NAAQS 

based on current air quality data; (2) the 

Administrator has fully approved an 

applicable SIP for the area under section 

110(k) of the CAA; (3) the Administrator 

determines that the improvement in air 

quality is due to permanent and 

enforceable emission reductions 

resulting from implementation of the 


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1See the technical support document ‘‘Region 5 

Final Ionia County, Chicago, Illinois Lead Technical 

Support Document (TSD)’’ [sic] attached to EPA’s 

air quality designations published November 22, 

2011 (76 FR 72097). 

2 In Tables 1 through 4, the three-month rolling 

average for the first two periods in 2014, November 

through January and December through February, 

includes monitoring data from November and 

December of 2013. 

applicable SIP, Federal air pollution 

control regulations, or other permanent 

and enforceable emission reductions; (4) 

the Administrator has fully approved a 

maintenance plan for the area meeting 

the requirements of section 175A of the 

CAA; and (5) the state containing the 

area has met all requirements applicable 

to the area for purposes of redesignation 

under section 110 and the requirements 

for nonattainment areas under part D of 

the CAA. 

IV. What is EPA’s analysis of the state’s 

request? 

The bases for EPA’s actions follow. 

A. The Areas Have Attained the 2008 

Lead NAAQS (Section 107(d)(3)(E)(i)) 

In accordance with section 179(c) of 

the CAA, 42 U.S.C. 7509(c), EPA is 

determining that the Chicago and 

Granite City areas have attained the 

2008 lead NAAQS. This determination 

is based upon complete, qualityassured, and certified ambient air 

monitoring data that show the areas 

have monitored attainment of the lead 

NAAQS. 

Under EPA regulations at 40 CFR 

50.16, the 2008 primary and secondary 

lead standards are met when the 

maximum arithmetic 3-month mean 

concentration for a 3-year period, as 

determined in accordance with 40 CFR 

part 50, appendix R, is less than or 

equal to 0.15 mg/m3 at all relevant 

monitoring sites in the subject area. EPA 

refers to this maximum rolling threemonth average over a three-year period 

as the ‘‘design value.’’ 

40 CFR part 58, appendix A outlines 

the quality assurance requirements 

necessary for providing ‘‘sufficient 

information to assess the quality of the 

monitoring data.’’ 40 CFR part 58, 

appendix D provides network design 

criteria requirements which describe 

‘‘specific requirements for the number 

and location of . . . [monitoring] sites 

for specific pollutants . . .’’. Within 

appendix D, Section 4.5 states that ‘‘[a]t 

a minimum, there must be one sourceoriented SLAMS (State and Local Air 

Monitoring Station) site located to 

measure the maximum Pb concentration 

in ambient air resulting from each nonairport Pb source which emits 0.50 or 

more tons per year. . . . 

EPA has reviewed the ambient air 

monitoring data for the Chicago and 

Granite City areas in accordance with 

the provisions of 40 CFR part 50, 

appendix R, and 40 CFR part 58, 

appendix A and appendix D. All data 

considered are complete, qualityassured, certified, and recorded in 

EPA’s Air Quality System (AQS) 

database. 

1. Chicago Area Air Quality 

As defined at 40 CFR 81.314, the 

Chicago area is comprised of the 

portions of Cook County that are 

bounded by Damen Avenue on the west, 

Roosevelt Road on the north, the Dan 

Ryan Expressway on the east, and the 

Stevenson Expressway on the south. 

According to analysis conducted by 

Illinois EPA in 2011, the H. Kramer & 

Co. (H. Kramer) facility was capable of 

causing exceedances of the NAAQS in 

the absence of any other sources in the 

area.1 As described in Illinois EPA’s 

September 22, 2016 submission, after 

the 2012 shutdown of the Fisk Electric 

Generating Station, H. Kramer became 

the only source of lead emissions in the 

Chicago area. H. Kramer manufactures 

brass and bronze ingots, and a portion 

of the facility is devoted to producing 

metal alloys that often contain lead as 

a minor constituent. 

After Illinois EPA identified H. 

Kramer as capable of causing 

exceedances of the NAAQS in the 

Chicago area, Illinois adopted rules that 

limit emissions from the H. Kramer 

facility, and require additional control 

measures. As discussed in detail below, 

in this action EPA is approving a 

request from Illinois EPA to incorporate 

these rules into the Illinois SIP. Since H. 

Kramer implemented the controls 

required by these rules, monitored 

values of lead in the area have been 

below the health-based standard. 

The Cook County Department of 

Environmental Control in conjunction 

with Illinois EPA operates two Federal 

reference method (FRM) source-oriented 

SLAMS monitors at 1241 W 19th Street 

in Chicago, Illinois, which are used to 

determine whether the Chicago area has 

attained the 2008 lead NAAQS. In the 

AQS database, this monitoring site is 

denoted with site ID 17–031–0110 and 

the two monitors are denoted with 

parameter occurrence code (POC) #1 

and POC #9. In a rulemaking on August 

24, 2015 (80 FR 51127), EPA determined 

that the Chicago area was attaining the 

2008 lead NAAQS, with a design value 

of 0.05 mg/m3 for the three-year period 

of 2012–2014. EPA is affirming that 

determination today with monitoring 

data from the most recent three-year 

period of 2014–2016 based on data from 

the SLAMS monitors identified above. 

TABLE 1—2014–2016 THREE-MONTH ROLLING AVERAGES FOR THE 17–031–0110 #1 MONITOR, IN UNITS OF μg/m3

Location AQS ID 3-month period 2014 2015 2016 

1241 W 19th St., Chicago, IL 17–031–0110 #1 ................... Nov–Jan 2 ............................. 0.01 0.03 0.01 

Dec–Feb 0.01 0.01 0.01 

Jan–Mar 0.02 0.01 0.01 

Feb–Apr ................................ 0.02 0.02 0.01 

Mar–May ............................... 0.02 0.02 0.01 

Apr–Jun ................................ 0.02 0.02 0.01 

May–July ............................... 0.02 0.01 0.01 

Jun–Aug ................................ 0.02 0.01 0.01 

July–Sept .............................. 0.02 0.01 0.01 

Aug–Oct ................................ 0.02 0.01 0.01 

Sept–Nov .............................. 0.04 0.01 0.01 

Oct–Dec ................................ 0.03 0.01 0.01 

TABLE 2—2014–2016 THREE-MONTH ROLLING AVERAGES FOR THE 17–031–0110 #9 MONITOR, IN UNITS OF μg/m3

Location AQS ID 3-month period 2014 2015 2016 

1241 W 19th St., Chicago, IL 17–031–0110 #9 ................... Nov–Jan ................................ 0.01 0.01 0.01 


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3See the technical support document ‘‘Region 5— 

Final Granite City, Illinois Technical Support 

Document For 1st Round of Lead Designations’’ attached to EPA’s air quality designations published 

November 22, 2010 (75 FR 71033). 

TABLE 2—2014–2016 THREE-MONTH ROLLING AVERAGES FOR THE 17–031–0110 #9 MONITOR, IN UNITS OF μg/m3— 

Continued 

Location AQS ID 3-month period 2014 2015 2016 

Dec–Feb ............................... 0.01 0.01 0.01 

Jan–Mar ................................ 0.02 0.01 0.01 

Feb–Apr ................................ 0.02 0.02 0.01 

Mar–May ............................... 0.02 0.02 0.01 

Apr–Jun ................................ 0.02 0.02 0.01 

May–July ............................... 0.02 0.01 0.01 

Jun–Aug ................................ 0.02 0.01 0.01 

July–Sept .............................. 0.03 0.01 0.01 

Aug–Oct ................................ 0.02 0.01 0.01 

Sept–Nov .............................. 0.02 0.01 0.01 

Oct–Dec ................................ 0.02 0.01 0.01 

The data shown in Tables 1 and 2 are 

complete, quality-assured, and certified 

and show 0.04 mg/m3 as the highest 

three-month rolling average, well below 

the standard of 0.15 mg/m3. The 

September 22, 2016, submittal from 

Illinois EPA requested redesignation to 

attainment based on data from the threeyear period of 2013–2015, which 

showed that the Chicago area was 

meeting the 2008 lead NAAQS with a 

design value of 0.04 mg/m3. In this 

action, EPA is redesignating the Chicago 

area based on more recent monitoring 

data for the three-year period of 2014– 

2016, which also has a design value of 

0.04 mg/m3. 

EPA’s review of this data indicates 

that the Chicago area has attained and 

should continue to attain the 2008 lead 

NAAQS. 

2. Granite City Area Air Quality 

As defined at 40 CFR 81.314, the 

Granite City area is comprised of the 

portions of Madison County that are 

bounded by Granite City Township and 

Venice Township. According to initial 

analysis conducted by Illinois EPA in 

2010, the Mayco Industries LLC (Mayco) 

facility was one of several sources with 

lead emissions in the Granite City 

nonattainment area.3 As described in its 

September 22, 2016, submission, Illinois 

EPA conducted further analysis and 

determined that Mayco was the most 

significant source of lead emissions in 

the Granite City area, and was capable 

of causing exceedances of the NAAQS 

in the absence of any other sources in 

the area. Mayco is a secondary lead 

production facility and a fabricator of 

several lead-containing products. Mayco 

manufactures lead shot for ammunition, 

lead-containing products for naval 

applications, and lead wool used to 

create flexible materials for radiation 

protection. 

After Illinois EPA identified Mayco as 

the primary contributor to the 

exceedance of the NAAQS in the 

Granite City area, Illinois adopted rules 

that limit emissions from the Mayco 

facility, and require additional control 

measures. As discussed in detail below, 

in this action EPA is approving a 

request from Illinois EPA to incorporate 

these rules into the Illinois SIP. Since 

Mayco implemented the controls 

required by these rules, monitored 

values of lead in the area have been 

below the health-based standard. 

Illinois EPA operates two FRM 

source-oriented SLAMS monitors at 

15th Street and Madison Avenue in 

Granite City, Illinois, which are used to 

determine whether the Granite City area 

has attained the 2008 lead NAAQS. In 

the AQS database, this monitoring site 

is denoted with site ID 17–119–0010 

and the two monitors are denoted with 

POC #1 and POC #9. 

TABLE 3—2014–2016 THREE-MONTH ROLLING AVERAGES FOR THE 17–119–0010 #1 MONITOR, IN UNITS OF μg/m3

Location AQS ID 3-month period 2014 2015 2016 

15th St. and Madison Ave., 

Granite City, IL.

17–119–0010 #1 ................... Nov–Jan ................................ 0.04 0.02 0.01 

Dec–Feb ............................... 0.04 0.02 0.01 

Jan–Mar ................................ 0.03 0.02 0.01 

Feb–Apr ................................ 0.01 0.01 0.02 

Mar–May ............................... 0.02 0.02 0.02 

Apr–Jun ................................ 0.01 0.02 0.02 

May–July ............................... 0.01 0.01 0.02 

Jun–Aug ................................ 0.01 0.01 0.01 

July–Sept .............................. 0.01 0.01 0.01 

Aug–Oct ................................ 0.01 0.02 0.01 

Sept–Nov .............................. 0.02 0.02 0.02 

Oct–Dec ................................ 0.01 0.01 0.02 

TABLE 4—2014–2016 THREE-MONTH ROLLING AVERAGES FOR THE 17–119–0010 #9 MONITOR, IN UNITS OF μg/m3

Location AQS ID 3-month period 2014 2015 2016 

15th St. and Madison Ave., 

Granite City, IL.

17–119–0010 #9 ................... Nov–Jan ................................ 0.04 0.01 0.01 


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TABLE 4—2014–2016 THREE-MONTH ROLLING AVERAGES FOR THE 17–119–0010 #9 MONITOR, IN UNITS OF μg/m3— 

Continued 

Location AQS ID 3-month period 2014 2015 2016 

Dec–Feb ............................... 0.03 0.01 0.01 

Jan–Mar ................................ 0.03 0.02 0.01 

Feb–Apr ................................ 0.01 0.02 0.01 

Mar–May ............................... 0.02 0.02 0.01 

Apr–Jun ................................ 0.01 0.02 0.01 

May–July ............................... 0.01 0.02 0.01 

Jun–Aug ................................ 0.01 0.01 0.01 

July–Sept .............................. 0.01 0.01 0.01 

Aug–Oct ................................ 0.01 0.02 0.01 

Sept–Nov .............................. 0.02 0.02 0.01 

Oct–Dec ................................ 0.01 0.02 0.02 

The data shown in Tables 3 and 4 are 

complete, quality-assured, and certified 

and show 0.04 mg/m3 as the highest 

three-month rolling average, well below 

the standard of 0.15 mg/m3. The 

September 22, 2016, submittal from 

Illinois EPA requested redesignation to 

attainment based on data for the threeyear period of 2013–2015, which 

showed that the Granite City area was 

meeting the 2008 lead NAAQS with a 

design value of 0.06 mg/m3. In this 

action, EPA is redesignating the Granite 

City area based on the more recent 

monitoring data for the three-year 

period of 2014–2016, which has a lower 

design value of 0.04 mg/m3. 

EPA’s review of this data indicates 

that the Granite City area has attained 

and should continue to attain the 2008 

lead NAAQS. 

B. EPA Has Fully Approved the 

Applicable SIP for the Areas Under 

Section 110(k) and the Areas Have Met 

All Applicable Requirements Under 

Section 110 and Part D (Section 

107(d)(3)(E)(ii) and (v)) 

With the exception of the emissions 

inventory requirement under section 

172(c)(3), EPA has approved all 

applicable requirements of the Illinois 

SIP for the areas under Section 110(k) 

(EPA action on plan submissions), in 

accordance with section 107(d)(3)(E)(ii). 

As discussed below, EPA is approving 

Illinois’ 2012 emissions inventory as 

meeting the section 172(c)(3) 

comprehensive emissions inventory 

requirement as part of this action. 

Additionally, the Illinois SIP meets all 

currently applicable SIP requirements 

for purposes of redesignation of the 

Chicago and Granite City areas under 

section 110 of the CAA (general SIP 

requirements), and Illinois’ submittal 

meets all SIP requirements applicable 

under part D of the CAA (plan 

requirements for nonattainment areas in 

general), in accordance with section 

107(d)(3)(E)(v). 

1. Illinois Has Met All Applicable 

Requirements for Purposes of 

Redesignation of the Chicago and 

Granite City Areas Under Section 110 

and Part D of the CAA 

a. Section 110 General SIP 

Requirements 

Section 110(a) of title I of the CAA 

contains the general requirements for a 

SIP. Section 110(a)(2) provides that the 

implementation plan submitted by a 

state must have been adopted by the 

state after reasonable public notice and 

hearing, and, among other things, must: 

Include enforceable emission 

limitations and other control measures, 

means or techniques necessary to meet 

the requirements of the CAA; provide 

for establishment and operation of 

appropriate devices, methods, systems, 

and procedures necessary to monitor 

ambient air quality; provide for 

implementation of a source permit 

program to regulate the modification 

and construction of any stationary 

source within the areas covered by the 

plan; include provisions for the 

implementation of part C, Prevention of 

Significant Deterioration (PSD) and part 

D, New Source Review (NSR) permit 

programs; include criteria for stationary 

source emission control measures, 

monitoring, and reporting; include 

provisions for air quality modeling; and 

provide for public and local agency 

participation in planning and emission 

control rule development. EPA has 

historically referred to SIP submissions 

made for the purpose of satisfying the 

requirements of CAA section 110(a)(2) 

as ‘‘infrastructure SIP’’ submissions. 

Additionally, section 110(a)(2)(D) of 

the CAA requires that SIPs contain 

measures to prevent sources in a state 

from significantly contributing to air 

quality problems in another state. EPA 

has historically referred to SIP 

submissions made for the purpose of 

satisfying the requirements of CAA 

section 110(a)(2)(D) as ‘‘transport SIP’’ 

submissions. 

EPA interprets the ‘‘applicable’’ 

requirements for an area’s designation to 

be those requirements linked with a 

particular area’s nonattainment 

designation. Therefore, the section 110 

elements described above that are not 

connected with nonattainment plan 

submissions and not linked with an 

area’s attainment status, such as the 

infrastructure SIP elements of section 

110(a)(2) and transport SIP submittal 

requirements under section 110(a)(2)(D), 

are not applicable requirements for 

purposes of redesignation. This is 

because a state remains subject to these 

requirements after an area is 

redesignated to attainment, and 

therefore these requirements are not 

relevant in evaluating a redesignation 

request. 

EPA has applied this interpretation 

consistently in many redesignations for 

decades. See 81 FR 44210 (July 7, 2016) 

(final redesignation for the Sullivan 

County, Tennessee area); 79 FR 43655 

(July 28, 2014) (final redesignation for 

Bellefontaine, Ohio lead nonattainment 

area); 61 FR 53174–53176 (October 10, 

1996) and 62 FR 24826 (May 7, 1997) 

(proposed and final redesignation for 

Reading, Pennsylvania ozone 

nonattainment area); 61 FR 20458 (May 

7, 1996) (final redesignation for 

Cleveland-Akron-Lorain, Ohio ozone 

nonattainment area); and 60 FR 62748 

(December 7, 1995) (final redesignation 

of Tampa, Florida ozone nonattainment 

area). See also 65 FR 37879, 37890 (June 

19, 2000) (discussing this issue in final 

redesignation of Cincinnati, Ohio 1-hour 

ozone nonattainment area); 66 FR 53094 

(October 19, 2001) (final redesignation 

of Pittsburgh, Pennsylvania 1-hour 

ozone nonattainment area). 

We have reviewed the Illinois SIP and 

determined that it meets the general SIP 

requirements under section 110 of the 

CAA to the extent those requirements 

are applicable for purposes of 


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4https://www.epa.gov/ozone-pollution/ 

procedures-processing-requests-redesignate-areasattainment. 

redesignation. EPA has previously 

approved provisions of Illinois’ SIP 

addressing section 110 requirements 

(including provisions addressing lead) 

at 40 CFR 52.745. 

b. Part D Requirements 

Upon approval of Illinois’ 2012 

emissions inventory for each area, the 

Illinois SIP will meet the nonattainment 

area requirements for the Chicago and 

Granite City areas for purposes of 

redesignation under part D of the CAA, 

including the requirements under 

sections 172 and 176, which are 

discussed further below. 

(i) Section 172 Nonattainment Plan 

Requirements 

For purposes of evaluating this 

redesignation request, the applicable 

SIP requirements of section 172 are 

contained in sections 172(c)(1) through 

(9), which address requirements for 

nonattainment areas. A thorough 

discussion of the requirements 

contained in section 172 can be found 

in the General Preamble for 

Implementation of Title I (57 FR 13498, 

April 16, 1992). 

Section 172(c)(1) requires 

nonattainment plans to provide for the 

implementation of all reasonably 

available control measures (RACM) as 

expeditiously as practicable and to 

provide for attainment of the primary 

NAAQS. EPA interprets this 

requirement to impose a duty on all 

states to consider all available control 

measures for all nonattainment areas 

and to adopt and implement such 

measures as are reasonably available for 

implementation in each area as 

components of the area’s attainment 

demonstration. Because the Chicago and 

Granite City areas have attained the 

2008 lead NAAQS, Illinois does not 

need to address additional measures to 

provide for attainment, and the 

requirements under section 172(c)(1) are 

no longer considered to be applicable so 

long as the area continues to attain the 

standard until redesignation. (40 CFR 

51.918). 

Section 172(c)(2) provides that 

nonattainment plans must require 

reasonable further progress (RFP), 

which is defined as progress that must 

be made toward attainment. This 

requirement is not relevant for purposes 

of the Chicago and Granite City 

redesignations because the areas have 

monitored attainment of the 2008 lead 

NAAQS. (General Preamble, 57 FR 

13564). See also 40 CFR 51.918. The 

requirement to submit contingency 

measures under section 172(c)(9) is 

similarly not applicable for purposes of 

redesignation. Id. 

Section 172(c)(3) requires submission 

and approval of a comprehensive, 

accurate and current inventory of actual 

emissions. In their redesignation 

request, Illinois submitted inventories of 

actual lead emissions in 2012 for each 

source in the Chicago and Granite City 

areas that may have contributed to an 

exceedance of the NAAQS. At 40 CFR 

51.117, EPA provides a threshold at 

which lead emissions must be included 

in an inventory; as shown in Illinois’ 

submittal, no other source in either area 

emits at or above the threshold level of 

0.5 or more tons of lead per year. EPA 

is approving the 2012 inventories, 

summarized in Table 5 below, as 

meeting the section 172(c)(3) emissions 

inventory requirement for the Chicago 

and Granite City areas. 

TABLE 5—ACTUAL EMISSIONS INVENTORIES FOR THE CHICAGO AND

GRANITE CITY AREAS IN 2012 

Lead 

emissions 

(lbs/year) 

H. Kramer facility in Chicago 

area ................................... 200 

Mayco facility in Granite City 

area ................................... 903 

Section 172(c)(4) requires 

nonattainment plans to identify and 

quantify allowable emissions for major 

new and modified stationary sources in 

an area, and section 172(c)(5) requires 

source permits for the construction and 

operation of new and modified major 

stationary sources anywhere in the 

nonattainment area. EPA approved 

Illinois’ current NSR program as 

meeting the requirements of section 

172(c)(4) and 172(c)(5) on May 13, 2003 

(68 FR 25504). 

Section 172(c)(6) requires 

nonattainment plans to include 

enforceable emission limitations, and 

such other control measures, means or 

techniques as may be necessary or 

appropriate to provide for attainment of 

the standard. Because the areas have 

reached attainment has been reached, 

no additional measures are needed to 

provide for attainment. 

Section 172(c)(7) requires 

nonattainment plans to meet the 

applicable provisions of section 

110(a)(2). As discussed above, the 

Illinois SIP meets the applicable 

provisions of section 110(a)(2) for 

purposes of redesignation. 

Section 172(c)(8) allows for 

equivalent modeling, emission 

inventory, and planning procedures in 

certain circumstances upon application 

by the State, which is not applicable to 

this action. 

(ii) Section 176 Conformity 

Requirements 

Section 176(c) of the CAA requires 

states to establish criteria and 

procedures to ensure that Federallysupported or funded activities, 

including highway and transit projects, 

conform to the air quality planning 

goals in the applicable SIPs. The 

requirement to determine conformity 

applies to transportation plans, 

programs and projects developed, 

funded or approved under title 23 of the 

U.S. Code and the Federal Transit Act 

(transportation conformity) as well as to 

all other Federally-supported or funded 

projects (general conformity). In light of 

the elimination of lead additives in 

gasoline, transportation conformity does 

not apply to the lead NAAQS. See 73 FR 

66964, 67043 n.120. In addition, EPA 

approved Illinois’ general conformity 

SIP on December 23, 1997 (62 FR 6700). 

2. Illinois Has a Fully Approved 

Applicable SIP Under Section 110(k) of 

the CAA 

Upon final approval of Illinois’ 

comprehensive 2012 emissions 

inventories, EPA will have fully 

approved the Illinois SIP for the Chicago 

and Granite City areas under section 

110(k) of the CAA for all requirements 

applicable to the attainment status of 

the areas. EPA may rely on prior SIP 

approvals in approving a redesignation 

request (See page 3 of the September 4, 

1992, Processing Requests to 

Redesignate Areas to Attainment: Policy 

Memorandum 4 (Calcagni 

memorandum)); Southwestern 

Pennsylvania Growth Alliance v. 

Browner, 144 F.3d 984, 989–990 (6th 

Cir. 1998); Wall v. EPA, 265 F.3d 426 

(6th Cir. 2001)) plus any additional 

measures EPA may approve in 

conjunction with a redesignation action. 

See 68 FR 25413, 25426 (May 12, 2003). 

Since the passage of the CAA of 1970, 

Illinois has adopted and submitted, and 

EPA has fully approved, provisions 

addressing various required SIP 

elements under lead standards. 

Under section 172, states with 

nonattainment areas must submit plans 

providing for timely attainment and 

meeting a variety of other requirements. 

EPA made a final determination of 

attainment for the Chicago area (also 

known as a clean data determination) on 

August 24, 2015 (80 FR 51127). 

Pursuant to 40 CFR 51.1004(c), EPA’s 


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5The Chicago area was designated nonattainment 

using the design value for the 2008–2010 period, 

and the Granite City area was designated 

nonattainment using the design value for the 2007– 

2009 period. 

determination that the area has attained 

the 2008 lead standard suspended the 

requirement to submit certain planning 

SIPs related to attainment, including 

attainment demonstration requirements, 

the RACM requirements of 172(c)(3), the 

RFP and attainment demonstration 

requirements of sections 172(c)(2) and 

(6) and 182(b)(1) of the CAA, and the 

requirement for contingency measures 

under section 172(c)(9) of the CAA. As 

discussed above, since EPA’s final 

determination of attainment in 2015, the 

Chicago area has continued to attain the 

standard and should remain in 

attainment. Because in today’s 

rulemaking we are determining that the 

Granite City area has also attained the 

standard, EPA is suspending those same 

requirements under section 172 and 

182(b)(1) of the CAA for the Granite City 

area. 

As a result, the only remaining 

requirement under section 172 to be 

evaluated is the emissions inventory 

required under section 172(c)(3). In this 

action, EPA is approving Illinois’ 2012 

emissions inventories for the Chicago 

and Granite City areas as meeting the 

requirement of section 172(c)(3) of the 

CAA. No Chicago area or Granite City 

area SIP provisions regarding lead under 

Section 172 of the CAA are currently 

disapproved, conditionally approved, or 

partially approved. 

C. The Improvement in Air Quality Is 

Due to Permanent and Enforceable 

Reductions in Emissions Resulting From 

Implementation of the SIP and 

Applicable Federal Air Pollution 

Control Regulations and Other 

Permanent and Enforceable Reductions 

(Section 107(d)(3)(E)(iii)) 

As part of this action, EPA is 

approving Illinois EPA’s request to 

modify the Illinois SIP to include the 

requirements at 35 Ill. Adm. Code Part 

226. As discussed below, the rules at 35 

Ill. Adm. Code Part 226 place new 

control requirements and emission 

limits on lead sources in the Chicago 

and Granite City areas, and are more 

stringent than the previous SIPapproved rules. Inclusion of these rules 

into the SIP means that these 

requirements are permanent and 

enforceable. 

In developing the proposed SIP 

revisions, Illinois EPA assessed the 

practices and processes at the H. Kramer 

and Mayco facilities that contributed to 

exceedances of the NAAQS in the 

Chicago area and Granite City area, 

respectively. Illinois determined that 

emissions from the stacks at each 

facility were not appropriately limited, 

and that certain parts of the Mayco 

manufacturing process were not 

controlled at all. Illinois also 

determined that fugitive emissions from 

each facility were a significant factor in 

the exceedances of the NAAQS, and 

were caused by a lack of proper 

enclosure under negative pressure, as 

well as insufficient housekeeping and 

cleaning procedures. Illinois structured 

its new rule to address the specific 

deficiencies at the H. Kramer and Mayco 

facilities that contributed to the 

exceedances of the lead NAAQS. 

35 Ill. Adm. Code Part 226, titled 

‘‘Standards and Limitations for Certain 

Sources of Lead’’, which became 

effective at the state level on April 21, 

2014, applies to nonferrous metal 

production facilities in the Chicago and 

Granite City areas. In practice, the rule 

applies to the H. Kramer and Mayco 

facilities, which are the only two 

nonferrous metal production facilities in 

the areas. The rule provides lead 

emission standards and requires specific 

emission controls based on the 

equipment and manufacturing processes 

that are used at each facility; requires 

affected sources to operate under 

specified state or federal permitting 

programs; requires that owners or 

operators of lead emission units install, 

maintain, and operate monitoring 

equipment; sets requirements for 

recording and submitting monitoring 

data; requires that subject owners or 

operators operate pressure differential 

and leak detection systems at all times; 

requires total enclosure of specified lead 

emission units when the unit is 

operating or housekeeping activities are 

being performed; provides options for 

measurement of all natural draft 

openings and the total surface area of 

the total enclosure; requires inward flow 

of air through all natural draft openings; 

requires monthly inspections; requires 

the owner or operator of a lead emission 

unit to operate a fugitive dust operating 

program, and specifies areas, activities, 

and events subject to this program; 

provides specific emissions testing 

requirements; includes specific 

recordkeeping and reporting 

requirements, including a requirement 

to submit semiannual reports to Illinois 

EPA; and states that records must be 

maintained for at least five years. 

In its September 22, 2016, 

submission, Illinois EPA showed that 

the implementation of the requirements 

of 35 Ill. Adm. Code Part 226 has 

resulted in a substantial decrease in 

emissions from the H. Kramer and 

Mayco facilities. As part of its analysis 

of these areas, Illinois EPA determined 

emissions prior to the April 21, 2014, 

effective date of 35 Ill. Adm. Code Part 

226 at each facility based on stack 

testing. For 2012, the H. Kramer facility 

reported 200 lbs of emissions, and the 

Mayco facility reported 903 lbs of 

emissions. Illinois then conducted 

modeling to calculate allowable 

emissions from each facility under 35 

Ill. Adm. Code Part 226 for 2014 and 

future years. Illinois determined that H. 

Kramer should emit no more than 

99.9889 lbs/year, and Mayco should 

emit no more than 418.2620 lbs/year. 

This modeling is discussed in detail 

below. As shown in Table 6, Illinois’ 

modeling shows that the emissions 

reductions correlate with a decrease in 

monitored ambient lead levels. 

TABLE 6—EMISSIONS REDUCTIONS AND IMPROVEMENTS IN AIR QUALITY FOR THE

NONATTAINMENT AND ATTAINMENT PERIODS

2012 Actual 

lead emissions 

(lbs/year) 

Nonattainment 

design value 

(μg/m3) 5

2014 

Allowable lead 

emissions 

(lbs/year) 

2014–2016 

Attainment 

design value 

(μg/m3) 

H. Kramer facility in Chicago area ................................................................... 200 0.24 99.9889 0.04 

Mayco facility in Granite City area ................................................................... 903 0.28 418.2620 0.04 

Based on the information provided in 

its submission, Illinois has 

demonstrated that the observed air quality improvements in the Chicago 

and Granite City areas are due to the 

requirements at 35 Ill. Adm. Code Part 

226. Relative to emissions in 2012, 

Illinois’ analysis shows that these 


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6For a source’s actual emissions to be equivalent 

to its allowable emissions, the source would need 

to operate every emission unit at maximum 

capacity continuously throughout the year. 

requirements result in emission 

reductions of at least 50% from both H. 

Kramer in the Chicago area and Mayco 

in the Granite City area. Furthermore, 

Illinois believes these emission 

reduction estimates are conservative 

because the reductions were calculated 

based on allowable emissions under the 

rule, and actual emissions are likely to 

be lower.6

D. Illinois Has a Fully Approved 

Maintenance Plan Pursuant to Section 

175A of the CAA (Section 

107(d)(3)(E)(iv)) 

In conjunction with Illinois’ request 

to redesignate the Chicago and Granite 

City nonattainment areas to attainment 

status, Illinois has submitted, as a SIP 

revision, a plan to provide for 

maintenance of the 2008 lead NAAQS 

in the areas through 2030. EPA has 

reviewed the maintenance plan and 

finds that it meets the requirements of 

section 175A of the CAA as explained 

further below. 

Section 175A of the CAA sets forth 

the required elements of a maintenance 

plan for areas seeking redesignation 

from nonattainment to attainment. 

Under section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least ten 

years after EPA approves a 

redesignation to attainment. Eight years 

after redesignation, the state must 

submit a revised maintenance plan 

which demonstrates that attainment will 

continue to be maintained for ten years 

following the initial ten-year 

maintenance period. To address the 

possibility of future NAAQS violations, 

the maintenance plan must contain 

contingency measures with a schedule 

for implementation as EPA deems 

necessary to assure prompt correction of 

any future NAAQS violations. 

EPA’s September 4, 1992, Calcagni 

memorandum provides additional 

guidance on the content of a 

maintenance plan. The memorandum 

states that a maintenance plan should 

address the following items: The 

attainment emissions inventory, a 

maintenance demonstration showing 

maintenance for the ten years of the 

maintenance period, a commitment to 

maintain the existing monitoring 

network, factors and procedures to be 

used for verification of continued 

attainment of the NAAQS, and a 

contingency plan to prevent or correct 

future violations of the NAAQS. 

Section 175A requires a state seeking 

redesignation to attainment to submit a 

SIP revision to provide for the 

maintenance of the NAAQS in the area 

‘‘for at least 10 years after the 

redesignation.’’ EPA has interpreted this 

as a showing of maintenance ‘‘for a 

period of ten years following 

redesignation.’’ Calcagni memorandum 

at 9. Where the modeling method of 

showing maintenance is used, a state 

must show that ‘‘the future mix of 

sources and emission rates will not 

cause a violation of the NAAQS.’’ Id. 

Modeling should ‘‘contain a summary of 

the air quality concentrations expected 

to result from application of the control 

strategy’’ and ‘‘identify and describe the 

dispersion model or other air quality 

model used to project ambient 

concentrations.’’ Id. 

1. Attainment Inventory 

Illinois developed emissions 

inventories for lead for 2014, one of the 

years in the period during which the 

Chicago and Granite City areas 

monitored attainment of the 2008 lead 

standard. Illinois EPA calculated this 

inventory for the H. Kramer and Mayco 

facilities based on allowable emissions 

considering the emission limits and 

control requirements under 35 Ill. Adm. 

Code Part 226, and requested that the 

resulting emissions totals be used to 

satisfy the maintenance plan 

requirements of section 175A. This 

approach is consistent with the 

modeling that Illinois conducted to 

show that future emissions of lead will 

not cause a violation of the NAAQS. 

These allowable emissions levels for 

the 2014 attainment year, summarized 

in Table 7 below, satisfy the pertinent 

maintenance plan requirements of 

section 175A. 

TABLE 7—ALLOWABLE EMISSIONS INVENTORIES FOR THE CHICAGO AND

GRANITE CITY AREAS IN THE 2014 

ATTAINMENT YEAR

Lead 

missions 

(lbs/year) 

H. Kramer facility in Chicago 

area ................................... 99.9889 

Mayco facility in Granite City 

area ................................... 418.2620 

2. Demonstration of Maintenance 

Illinois’ plan demonstrates 

maintenance of the 2008 lead standard 

through 2030 by showing modeled 

attainment of the standard for projected 

future emissions, even at the highest 

levels of emissions allowed by the new 

rules at 35 Ill. Adm. Code Part 226, 

which are discussed in detail above. 

As clarified by Illinois EPA on 

February 16, 2017, the Illinois 

maintenance plan demonstrates how the 

projected level of emissions from 

affected sources is sufficient to 

permanently maintain the lead NAAQS. 

The maintenance plan relies on a 

January 9, 2014, submission of 

emissions inventories and modeling 

data, as well as a June 17, 2014, 

submission requesting that EPA add 35 

Ill. Adm. Code Part 226 into the Illinois 

SIP. Illinois EPA modeling shows that 

these rules, once approved as part of the 

SIP, should permanently limit 

emissions to a level at which the 2008 

lead NAAQS is maintained for ten years 

and beyond in the Chicago and Granite 

City areas. 

Illinois EPA conducted this modeling 

for both areas using EPA’s dispersion 

model, AERMOD, as required at 40 CFR 

part 51, appendix W. Model output was 

processed using EPA’s LEADPOST 

software. In undertaking this modeling, 

Illinois followed relevant EPA guidance, 

and appropriately considered 

meteorology, terrain, and stack height. 

Based on monitoring data and 

estimated emissions from nearby 

sources, the modeling assumes a 

background lead concentration of 0.02 

mg/m3 for both the Chicago and Granite 

City areas. This assumption is 

conservative because the most recent 

monitoring data for the Chicago and 

Granite City areas show total ambient 

lead concentrations near this value. The 

modeling then applies the new rules at 

35 Ill. Adm. Code Part 226 to the 

affected sources in each area, and 

calculates maximum allowable 

emissions from these sources. Adding 

the background concentration to the 

maximum allowable emissions, Illinois 

EPA’s modeling shows that the 

maximum three-month rolling average 

of lead is 0.128253 mg/m3 for the 

Chicago area and 0.128333 mg/m3 for the 

Granite City area, which are within the 

2008 lead NAAQS standard of 0.15 mg/ 

m3. Because this would be the 

maximum level of lead emissions 

allowed under permanent and 

enforceable SIP-approved rules, Illinois 

EPA has shown an ability to maintain 

the NAAQS for ten years and beyond. 

3. Monitoring Network 

Illinois currently operates lead 

monitors in the Chicago and Granite 

City area. Illinois’ maintenance plan 

includes a commitment to continue to 

operate its EPA-approved monitoring 

network as necessary to demonstrate 

ongoing compliance with the NAAQS. 


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4. Verification of Continued Attainment 

Illinois remains obligated to continue 

to quality-assure monitoring data and 

enter all data into AQS in accordance 

with Federal guidelines. Illinois has 

committed to using these data, 

supplemented with additional 

information as necessary, to assure that 

the area continues to attain the 

standard. Illinois will also continue to 

develop and submit periodic emission 

inventories as required by the Federal 

Consolidated Emissions Reporting Rule 

(67 FR 39602, June 10, 2002) to track 

future levels of emissions. Both of these 

actions will help to verify continued 

attainment in accordance with 40 CFR 

part 58. 

5. Contingency Plan 

The contingency plan provisions are 

designed to promptly correct or prevent 

a violation of the NAAQS that might 

occur after redesignation of an area to 

attainment. Section 175A of the CAA 

requires that a maintenance plan 

include such contingency measures as 

EPA deems necessary to assure that the 

state will promptly correct a violation of 

the NAAQS that occurs after 

redesignation. The maintenance plan 

should identify the contingency 

measures to be adopted, a schedule and 

procedure for adoption and 

implementation of the contingency 

measures, and a time limit for action by 

the state. The state should also identify 

specific indicators to be used to 

determine when the contingency 

measures need to be adopted and 

implemented. The maintenance plan 

must include a requirement that the 

state will implement all pollution 

control measures that were contained in 

the SIP before redesignation of the area 

to attainment. See section 175A(d) of 

the CAA. 

Illinois’ contingency plan is triggered 

when there is a violation of the lead 

NAAQS occurring after redesignation to 

attainment. Within six months of 

certification of monitoring data showing 

an exceedance of the NAAQS, Illinois 

will complete a comprehensive study to 

determine the cause or causes of the 

violation, and the control measure or 

measures necessary to mitigate the 

problem. This study will consider the 

number, location, and severity of the 

violations; the weather patterns 

contributing to high concentrations of 

lead; contributing emissions sources; 

emissions trends, including timeliness 

of implementation of scheduled control 

measures; current and recentlyidentified control technologies; and air 

quality contributions from outside the 

maintenance area. 

If the study shows that additional 

controls of sources within the area is 

appropriate, the Illinois contingency 

plan is to incrementally lower emission 

limits and implement associated 

measures at the unit or units that are 

shown to be the cause or causes of the 

NAAQS violation. The selection of 

measures will be based upon several 

factors, including emissions reduction 

potential, timing of implementation, 

and social considerations. Illinois EPA 

will solicit input from interested and 

affected parties prior to selecting the 

appropriate measures. The process will 

include publication for notices, an 

opportunity for public hearing, and 

other actions required by Illinois law. 

Illinois’ contingency measures, as 

well as the commitment to implement 

SIP requirements as necessary, satisfy 

the pertinent requirements of section 

175A(d). 

As required by section 175A(b) of the 

CAA, Illinois committed to submit to 

EPA an updated lead maintenance plan 

eight years after redesignation of the 

Chicago and Granite City areas to cover 

an additional ten-year period beyond 

the initial ten-year maintenance period. 

For the reasons set forth above, EPA 

is approving, as a SIP revision, Illinois’ 

2008 lead NAAQS maintenance plan for 

the Chicago and Granite City areas 

because the plan meets the requirements 

of CAA section 175A. 

V. What are the effects of EPA’s 

actions? 

Approval of this redesignation request 

changes the official designation of the 

Chicago, Illinois and Granite City, 

Illinois areas for the 2008 lead NAAQS, 

found at 40 CFR part 81, from 

nonattainment to attainment. This 

action also approves, as revisions to the 

Illinois SIP, the rules at 35 Ill. Adm. 

Code Part 226, the maintenance plan for 

the 2008 lead standard in the Chicago 

and Granite City areas, and Illinois’ 

2012 emissions inventories for the 

Chicago and Granite City areas pursuant 

to section 172(c)(3) of the CAA. 

As discussed above, section 172(c)(3) 

of the CAA requires areas to submit a 

comprehensive emissions inventory 

including all lead sources in the 

nonattainment area. EPA is approving 

the Illinois 2012 emissions inventories 

outlined in Table 5 for the Chicago and 

Granite City areas as fulfilling this 

requirement. 

In its September 22, 2016, 

submission, Illinois EPA requested that 

EPA approve 35 Ill. Adm. Code Part 226 

as a revision to the Illinois SIP as 

control measures to maintain attainment 

in the Chicago and Granite City areas. 

As discussed above, these rules control 

emissions from lead sources, 

specifically at the H. Kramer and Mayco 

facilities, and inclusion of these rules 

into the SIP makes these measures 

permanent and enforceable. In today’s 

action, EPA is approving Illinois’ 

request to modify the SIP to include 

these rules. 

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 December 18, 2017 without 

further notice unless we receive relevant 

adverse written comments by November 

17, 2017. 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 18, 2017. 

VI. 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 the amendments to 40 CFR 

part 52 set forth below. EPA has made, 

and will continue to make, these 

documents generally available through 

www.regulations.gov, and/or 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 

State implementation plan, 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 by the 


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Director of the Federal Register in the 

next update to the SIP compilation 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, 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 13563 (76 FR 3821, 

January 21, 2011); 

• 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, 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 as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because 

redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on tribes, impact any 

existing sources of air pollution on 

tribal lands, nor impair the maintenance 

of ozone national ambient air quality 

standards in tribal lands. 

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 18, 2017. 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Reporting and recordkeeping 

requirements. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: September 28, 2017. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

40 CFR parts 52 and 81 are 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 tables in paragraph 

(c) and (e) are amended: 

■ i. In paragraph (c) under the 

subheading ‘‘Subchapter c: Emission 

Standards and Limitations for 

Stationary Sources’’ by adding entries in 

numerical order under a new 

subheading ‘‘Part 226: Standards And 

Limitations For Certain Sources Of 

Lead’’; 

■ ii. in paragraph (e) under the 

subheading ‘‘Attainment and 

Maintenance Plans’’ by adding new 

entries in alphabetical order for ‘‘Lead 

(2008) attainment and maintenance 

plan’’ and ‘‘Lead (2008)—Clean Data 

Determination’’; and 

■ iii. in paragraph (e) under the 

subheading ‘‘Emission Inventories’’ by 

adding a new entry in alphabetical order 

for ‘‘Emission inventory -2012 (2008 

Lead)’’. 

The additions read as follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 


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48458 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations 

EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES

Illinois citation Title/subject 

State 

effective 

date 

EPA approval date Comments 

*******

Subchapter C: Emission Standards and Limitations for Stationary Sources 

*******

Part 226: Standards and Limitations for Certain Sources of Lead 

226.100 ........................................... Severability ........................... 4/21/2014 10/18/2017, [Insert Federal 

Register citation].

226.105 ........................................... Scope and Organization ....... 4/21/2014 10/18/2017, [Insert Federal 

Register citation].

226.110 ........................................... Abbreviations and Acronyms 4/21/2014 10/18/2017, [Insert Federal 

Register citation].

226.115 ........................................... Definitions ............................. 4/21/2014 10/18/2017, [Insert Federal 

Register citation].

226.120 ........................................... Incorporations by Reference 4/21/2014 10/18/2017, [Insert Federal 

Register citation].

226.125 ........................................... Applicability ........................... 4/21/2014 10/18/2017, [Insert Federal 

Register citation].

226.130 ........................................... Compliance Date .................. 4/21/2014 10/18/2017, [Insert Federal 

Register citation].

226.140 ........................................... Lead Emission Standards .... 4/21/2014 10/18/2017, [Insert Federal 

Register citation].

226.150 ........................................... Operational Monitoring for 

Control Device.

4/21/2014 10/18/2017, [Insert Federal 

Register citation].

226.155 ........................................... Total Enclosure .................... 4/21/2014 10/18/2017, [Insert Federal 

Register citation].

226.160 ........................................... Operational Measurement for 

Total Enclosure.

4/21/2014 10/18/2017, [Insert Federal 

Register citation].

226.165 ........................................... Inspection ............................. 4/21/2014 10/18/2017, [Insert Federal 

Register citation].

226.170 ........................................... Lead Fugitive Dust Operating Program.4/21/2014 10/18/2017, [Insert Federal 

Register citation].

226.175 ........................................... Emissions Testing ................ 4/21/2014 10/18/2017, [Insert Federal 

Register citation].

226.185 ........................................... Recordkeeping and Reporting.4/21/2014 10/18/2017, [Insert Federal 

Register citation].

*******

* * * * * (e) * * * 

EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Name of SIP provision 

Applicable 

geographic or 

nonattainment area 

State 

submittal 

date 

EPA approval date Comments 

*******

Attainment and Maintenance Plans 

*******

Lead (2008) attainment and 

maintenance plan.

Chicago and Granite City 

areas.

9/22/2016 10/18/2017, [Insert Federal 

Register citation].

* * * * * * * 

Lead (2008)—Clean Data Determination.Granite City area .................... N/A 10/18/2017, [Insert Federal 

Register citation].


ethrower on DSK3G9T082PROD with RULES
Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations 48459 

EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS—Continued 

Name of SIP provision 

Applicable 

geographic or 

nonattainment area 

State 

submittal 

date 

EPA approval date Comments 

*******

Emission Inventories 

*******

Emission inventory—2012 

(2008 Lead).

Chicago and Granite City 

areas.

9/22/2016 10/18/2017, [Insert Federal 

Register citation].

* * * * * * * 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. Section 81.314 is amended by 

revising the table entitled ‘‘Illinois— 

2008 Lead NAAQS’’ to read as follows: 

§ 81.314 Illinois. 

* * * * * 

ILLINOIS—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Chicago, IL: 

Cook County (part) ...................................................................................................................... 10/18/2017 Attainment. 

Area bounded by Damen Ave. on the west, Roosevelt Rd. on the north, the Dan Ryan 

Expressway on the east, and the Stevenson Expressway on the south. 

Granite City, IL: 

Madison County (part) ................................................................................................................. 10/18/2017 Attainment. 

Area is bounded by Granite City Township and Venice Township. 

Rest of State ........................................................................................................................ ........................ Unclassifiable/Attainment. 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1 December 31, 2011, unless otherwise noted. 

[FR Doc. 2017–22512 Filed 10–17–17; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 80, and 90 

[ET Docket No. 15–99; FCC 17–33] 

WRC–12 Implementation Report and 

Order; Corrections 

AGENCY: Federal Communications 

Commission. 

ACTION: Correcting amendments. 

SUMMARY: On June 14, 2017, the Federal 

Communications Commission 

published final rules in the Report and 

Order, FCC 17–33 that amended the 

Commission rules. Due to inaccurate 

amendatory instructions, the effective 

date of the amendments to §§ 2.106, 

80.203(p) and 80.357(b)(1) was not 

correctly specified in the final 

regulations, and the revisions to 

§ 90.103(b) could not be incorporated in 

the final regulations. This document 

corrects the amendatory instructions 

and the final regulations. 

DATES: Effective October 18, 2017. 

FOR FURTHER INFORMATION CONTACT: Tom 

Mooring, Office of Engineering and 

Technology, (202) 418–2450, 

Tom.Mooring@fcc.gov. 

SUPPLEMENTARY INFORMATION: A 

summary of the Commission’s Report 

and Order, ET Docket No. 15–99, FCC 

17–33, adopted March 27, 2017, and 

released March 29, 2017, was published 

in the Federal Register on June 14, 2017 

(82 FR 27178). This document specifies 

an applicability date of July 14, 2017 for 

the amendments to 47 CFR 2.106 NG8, 

80.203(p), and 80.357(b)(1) in FCC 17– 

33, and corrects the amendatory 

instructions so the revisions to 47 CFR 

90.103(b) in FCC 17–33 can be 

incorporated in the final regulations. 

List of Subjects 

47 CFR Part 2 

Radio, Telecommunications. 

47 CFR Parts 80 and 90 

Radio, Reporting and recordkeeping 

requirements. 

Accordingly, 47 CFR parts 2, 80, and 

90 are corrected by making the 

following correcting amendments: 

PART 2—FREQUENCY ALLOCATIONS 

AND RADIO TREATY MATTERS; 

GENERAL RULES AND REGULATIONS 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, and 

336, unless otherwise noted. 

■ 2. In § 2.106, revise footnote NG8 in 

the list of Non-Federal Government 

(NG) Footnotes to read as follows: 

Non-Federal Government (NG) Footnotes 

* * * * * 

NG8 In the band 472–479 kHz, non-Federal 

stations in the maritime mobile service that 

were licensed or applied for prior to July 14, 

2017 may continue to operate on a primary 

basis, subject to periodic license renewals. 

* * * * * 


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