Federal Register - June 21, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Proposed Rules
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 243.105a 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 243.105b. 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.
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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IAC 243.108 Incorporations by Reference was amended by removing the specific street address and outdated telephone number for the Government Printing Office GPO in Washington, DC.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 Since the amendment updates outdated information to make the rule clear and current, it is acceptable.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 A1, A2, 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.
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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 states 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 submittals 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 EPAs 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 R211 final rulemaking. EPA is taking no action on the October 20, 2020
amendment and proposing to approve the subsequent February 16, 2021
amendment.
PM10 and PM2.5 1 subsection a was amended to remove language referencing the 1997 primary annual PM2.5 NAAQS. Reference to the 1997
primary annual PM2.5 NAAQS was removed from 35 IAC 243.120b.
Additionally, subsection b4, which identified the St. Louis 1997 PM2.5
nonattainment area, was removed.
Subsection c was revised to remove language referencing the 2006 primary annual PM2.5 NAAQS. Additionally, paragraph c4, which identified the St. Louis 2006 annual PM2.5
nonattainment area, was removed. The remainder of 35 IAC 243, including references to the 1997 and 2006
secondary annual PM2.5 NAAQS, was not revised. The revisions to 35 IAC Part 243 are approvable because they reflect EPAs revocation of the 1997 annual PM2.5 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 PM2.5 NAAQS on December 27, 2018 83 FR 66631.
Amendments to 35 IAC 243.120
1 PM
10 refers to particles with an aerodynamic diameter of less than or equal to 10 micrometers.
PM2.5 refers to particles with an aerodynamic diameter of less than or equal to 2.5 micrometers, oftentimes referred to as fine particles.
In the October 20, 2020 submittal, the Board Note at the end of 35 IAC 243.120
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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 SO2 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 SO2 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 sections 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.
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