[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Notices]
[Pages 59833-59835]
[FR Doc No: 2021-23437]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93404; File No. SR-MIAX-2021-51]

Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the MIAX Options Fee Schedule To
Establish a Policy Relating to Billing Errors

October 22, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 14, 2021, Miami International Securities Exchange, LLC
(``MIAX Options'' or the ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') a proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to establish a policy relating to billing
errors.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/ at MIAX Options'
principal office, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to amend MIAX's Fee

Schedule to establish a policy relating to billing errors. More
specifically, the Exchange proposes to amend the footer on the Title
page of its Fee Schedule to adopt language that would provide that all
fees and rebates assessed prior to the three full calendar months
before the month in which the Exchange becomes aware of a billing error
shall be considered final. Particularly, the Exchange will resolve an
error by crediting or debiting Members \3\ and non-Members based on the
fees or rebates that should have been applied in the three full
calendar months preceding the month in which the Exchange became aware
of the error, which includes all impacted transactions that occurred
during those months.\4\ The Exchange will apply the three month look
back regardless of whether the error was discovered by the Exchange or
by a Member or non-Member that submitted a fee dispute to the
Exchange.\5\
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    \3\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associated with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
    \4\ For example, if the Exchange becomes aware of a transaction
fee billing error on October 1, 2021, the Exchange will resolve the
error by crediting or debiting Members and non-Members based on the
fees or rebates that should have been applied to any impacted
transactions during July, August and September 2021. The Exchange
notes that because it bills in arrears, the Exchange would be able
to correct the error in advance of issuing the October 2021 invoice
and therefore, transactions impacted through the date of discovery
(in this example, October 1, 2021) and thereafter, would be billed
correctly.
    \5\ The Exchange notes that the current policy which states that
all fee disputes must be submitted no later than sixty (60) days
after receipt of a billing invoice will remain in place.
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    The purpose of the proposed change is to encourage Members and non-
Members to promptly review their Exchange invoices so that any disputed
charges can be addressed in a timely manner. The Exchange notes that it
provides Members with both daily and monthly fee reports and thus
believes they should be aware of any potential billing errors within
three months. Further, any fees assessed on non-Members are sent as
monthly invoices, and thus these firms will likewise receive sufficient
notice of any potential billing errors. The requirement that Members
and non-Members submit disputes in writing and provide supporting
documentation in a timely manner while the information and data
underlying those charges (e.g., applicable fees and order information)
is still easily and readily available is not changing under this
proposal.
    The proposed rule change to provide all fees and rebates assessed
prior to the three full calendar months before the month in which the
Exchange becomes aware of a billing error shall be considered final
provides both the Exchange and Members and non-Members finality and the
ability to close their books after a known period of time. The proposed
change encourages Members and non-Members to provide a timely review of
their billing invoices.
    The Exchange notes that it routinely conducts audits of its Members
and non-Members to ensure that each is complying with the terms and
conditions of the subscriber agreement they have signed. The audit
process is independent of the billing process. The audit function is
administered by the Exchange's Member Services Group and the billing
function is administered by the Exchange's Trading Operations Group.
Each group is charged with distinct responsibilities that do not
overlap. The proposed billing fee finality provision is not intended to
circumvent the audit process in any manner and the adoption of the
three month look back period, beyond which billing errors would be
considered final, would not affect a Member or non-Member's ability to
take a position with respect to billing charges identified through the
audit process.
    Further, the Exchange notes that the proposed change is similar to
a policy currently in place at another exchange.\6\
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    \6\ See Securities Exchange Act Release No. 91836 (May 11,
2021), 86 FR 26765 (May 17, 2021) (SR-BOX-2021-08).
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2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act.\7\ Specifically, the
Exchange believes the proposed rule change is consistent with Section
6(b)(5) \8\ requirements that the rules of an exchange be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. Additionally, the Exchange
believes the proposed rule change is consistent with the Section
6(b)(5) \9\ requirement that the rules of an exchange not be designed
to permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Id.
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    The Exchange believes that establishing a policy that all fees and
rebates are final after three months (i.e., resolving billing errors
only for the three full calendar months preceding the month in which
the Exchange became aware of the error), is reasonable as both the
Exchange and Members and non-Members have an interest in knowing when
its fee assessments are final and when reliance can be placed upon
those assessments. Indeed, without some deadline on billing errors, the
Exchange and Members and non-Members would never be able to close their
books with any confidence. Furthermore, as noted above, another
exchange similarly considers its fees final after a similar period of
time. The proposed change is also equitable, and not unfairly
discriminatory because it will apply equally to all Members (and non-
Members that pay Exchange fees) and apply in cases where either the
Member (or non-Member) discovers the error or the Exchange discovers
the error.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change would
establish a policy that provides clarity regarding billing errors that
would apply equally to all Members. Additionally, the proposed rule
change is similar to the rules of another exchange.\10\ The Exchange
does not believe such proposed changes would impair the ability of
Members or competing order execution venues to maintain their
competitive standing in the financial markets. Moreover, because the
proposed changes would apply equally to all Members, the proposal does
not impose any burden on competition.
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    \10\ Supra note 6.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the

Commission may designate, it has become effective pursuant to
19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6) \12\ thereunder.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative for 30 days after the date of its filing.
However, Rule 19b-4(f)(6)(iii) \14\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has asked the
Commission to waive the 30-day operative delay. The Exchange states
that waiver of the operative delay is consistent with the protection of
investors and the public interest because such a waiver would allow
Members and non-Members to immediately benefit from having a clearly
stated policy regarding fee finality for billing disputes and provide
certainty and finality to current and prospective billing errors. In
addition, the Exchange states that the proposed rule change is
comparable to other policies and practices that are already established
at another exchange.
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will allow the Exchange to modify its Fee Schedule to
immediately adopt a policy relating to billing errors that is designed
to provide clarity and certainty with respect to when Exchange fees and
rebates may be considered final. Further, the proposed rule change is
substantially similar to provisions currently in effect on other
national securities exchanges \15\ and therefore does not raise any new
or novel regulatory issues. Accordingly, the Commission waives the
operative delay and designates the proposed rule change operative upon
filing.\16\
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    \15\ See, e.g., supra note 6.
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-MIAX-2021-51 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-MIAX-2021-51. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MIAX-2021-51 and should be submitted on
or before November 18, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-23437 Filed 10-27-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48448-48459]
[FR Doc No: 2017-22512]

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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.

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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;

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
<EMAIL_ADDRESS>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,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
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
([mu]g/m\3\) 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

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, quality-assured, 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 [mu]g/
m\3\ at all relevant monitoring sites in the subject area. EPA refers
to this maximum rolling three-month 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 source-oriented SLAMS (State
and Local Air Monitoring Station) site located to measure the maximum
Pb concentration in ambient air resulting from each non-airport 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, quality-assured, 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.
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    \1\ See 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).
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    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 [mu]g/m\3\
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.
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    \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.

     Table 1--2014-2016 Three-Month Rolling Averages for the 17-031-0110 #1 Monitor, in Units of [mu]g/m\3\
----------------------------------------------------------------------------------------------------------------
           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 [mu]g/m\3\
----------------------------------------------------------------------------------------------------------------
           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

                                                 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 [mu]g/m\3\ as the highest three-month rolling
average, well below the standard of 0.15 [mu]g/m\3\. The September 22,
2016, submittal from Illinois EPA requested redesignation to attainment
based on data from the three-year period of 2013-2015, which showed
that the Chicago area was meeting the 2008 lead NAAQS with a design
value of 0.04 [mu]g/m\3\. 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 [mu]g/m\3\.
    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.
---------------------------------------------------------------------------

    \3\ See 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).
---------------------------------------------------------------------------

    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 [mu]g/m\3\
----------------------------------------------------------------------------------------------------------------
           Location                 AQS ID        3-month period       2014            2015            2016
----------------------------------------------------------------------------------------------------------------
15th St. and Madison Ave.,     17-119-0010 #1..  Nov-Jan........            0.04            0.02            0.01
 Granite City, IL.
                                                 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 [mu]g/m\3\
----------------------------------------------------------------------------------------------------------------
           Location                 AQS ID        3-month period       2014            2015            2016
----------------------------------------------------------------------------------------------------------------
15th St. and Madison Ave.,     17-119-0010 #9..  Nov-Jan........            0.04            0.01            0.01
 Granite City, IL.

                                                 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 [mu]g/m\3\ as the highest three-month rolling
average, well below the standard of 0.15 [mu]g/m\3\. The September 22,
2016, submittal from Illinois EPA requested redesignation to attainment
based on data for the three-year period of 2013-2015, which showed that
the Granite City area was meeting the 2008 lead NAAQS with a design
value of 0.06 [mu]g/m\3\. 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
[mu]g/m\3\.
    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

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 Federally-supported 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.
---------------------------------------------------------------------------

    \4\ https://www.epa.gov/ozone-pollution/procedures-processing-requests-redesignate-areas-attainment.
---------------------------------------------------------------------------

    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

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 SIP-approved 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
----------------------------------------------------------------------------------------------------------------
                                                                   Nonattainment                     2014-2016
                                                    2012 Actual    design value   2014 Allowable    Attainment
                                                  lead emissions   ([mu]g/m\3\)   lead emissions   design value
                                                    (lbs/year)          \5\         (lbs/year)     ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
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

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\
---------------------------------------------------------------------------

    \5\ The 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.
    \6\ For 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.
---------------------------------------------------------------------------

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
                                                          emissions (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
[mu]g/m\3\ 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 [mu]g/m\3\ for the Chicago area and 0.128333 [mu]g/m\3\ for
the Granite City area, which are within the 2008 lead NAAQS standard of
0.15 [mu]g/m\3\. 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.

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 recently-
identified 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

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

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

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

0
2. In Sec.  52.720 the tables in paragraph (c) and (e) are amended:
0
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'';
0
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
0
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:

Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Illinois Regulations And Statutes
----------------------------------------------------------------------------------------------------------------
                                                            State
        Illinois citation              Title/subject      effective     EPA approval date         Comments
                                                             date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                     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               4/21/2014  10/18/2017, [Insert
                                    Organization.                      Federal Register
                                                                       citation].
226.110..........................  Abbreviations and       4/21/2014  10/18/2017, [Insert
                                    Acronyms.                          Federal Register
                                                                       citation].
226.115..........................  Definitions.........    4/21/2014  10/18/2017, [Insert
                                                                       Federal Register
                                                                       citation].
226.120..........................  Incorporations by       4/21/2014  10/18/2017, [Insert
                                    Reference.                         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           4/21/2014  10/18/2017, [Insert
                                    Standards.                         Federal Register
                                                                       citation].
226.150..........................  Operational             4/21/2014  10/18/2017, [Insert
                                    Monitoring for                     Federal Register
                                    Control Device.                    citation].
226.155..........................  Total Enclosure.....    4/21/2014  10/18/2017, [Insert
                                                                       Federal Register
                                                                       citation].
226.160..........................  Operational             4/21/2014  10/18/2017, [Insert
                                    Measurement for                    Federal Register
                                    Total Enclosure.                   citation].
226.165..........................  Inspection..........    4/21/2014  10/18/2017, [Insert
                                                                       Federal Register
                                                                       citation].
226.170..........................  Lead Fugitive Dust      4/21/2014  10/18/2017, [Insert
                                    Operating Program.                 Federal Register
                                                                       citation].
226.175..........................  Emissions Testing...    4/21/2014  10/18/2017, [Insert
                                                                       Federal Register
                                                                       citation].
226.185..........................  Recordkeeping and       4/21/2014  10/18/2017, [Insert
                                    Reporting.                         Federal Register
                                                                       citation].
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                       EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable          State
      Name of SIP provision            geographic or      submittal     EPA approval date         Comments
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Attainment and Maintenance Plans
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Lead (2008) attainment and         Chicago and Granite     9/22/2016  10/18/2017, [Insert
 maintenance plan.                  City areas.                        Federal Register
                                                                       citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Lead (2008)--Clean Data            Granite City area...          N/A  10/18/2017, [Insert
 Determination.                                                        Federal Register
                                                                       citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                              Emission Inventories
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Emission inventory--2012 (2008     Chicago and Granite     9/22/2016  10/18/2017, [Insert
 Lead).                             City areas.                        Federal Register
                                                                       citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. Section 81.314 is amended by revising the table entitled
``Illinois--2008 Lead NAAQS'' to read as follows:

Sec.  81.314  Illinois.

* * * * *

                                            Illinois--2008 Lead NAAQS
----------------------------------------------------------------------------------------------------------------
                                                               Designation for the 2008 NAAQS \a\
               Designated area                ------------------------------------------------------------------
                                                  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