[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Proposed Rules]
[Pages 10652-10654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04015]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0969; EPA-R05-OAR-2012-0991; EPA-R05-OAR-2013-0435; 
FRL-9923-42-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Emission Limit Infrastructure SIP Requirements for the 2008 
Ozone, 2010 NO2, and 2010 SO2 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve some elements of a state implementation plan (SIP) submission 
from Illinois regarding the infrastructure requirements of section 110 
of the Clean Air Act (CAA) for the 2008 8-hour ground level ozone, 2010 
nitrogen dioxide (NO2), and 2010 sulfur dioxide 
(SO2) National Ambient Air Quality Standards (NAAQS). The 
infrastructure requirements are designed to ensure that the structural 
components of each state's air quality management program are adequate 
to meet the state's responsibilities under the CAA. This action is 
specifically looking at infrastructure requirements concerning emission 
limits and other control measures.

DATES: Comments must be received on or before March 30, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-
0991 (2010 NO2 infrastructure elements), or EPA-R05-OAR-
2013-0435 (2010 SO2 infrastructure elements) by one of the 
following methods:

[[Page 10653]]

    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted during the Regional Office normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information. The Regional Office official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID. EPA-R05-OAR-2011-
0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-0991 (2010 
NO2 infrastructure elements), or EPA-R05-OAR-2013-0435 (2010 
SO2 infrastructure elements). EPA's policy is that all 
comments received will be included in the public docket without change 
and may be made available online at www.regulations.gov, including any 
personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
www.regulations.gov or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the U.S. Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal 
holidays. We recommend that you telephone Sarah Arra, Environmental 
Scientist, at (312) 886-9401 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-9401, [email protected].

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 should I consider as I prepare my comments for EPA?
II. What is the background of these SIP submissions?
III. What is EPA's review of these SIP submissions?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date, and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What is the background of these SIP submissions?

    This rulemaking addresses a December 31, 2012, submission and a 
January 9, 2015, clarification from the Illinois Environmental 
Protection Agency (Illinois EPA) intended to address all applicable 
infrastructure requirements for the 2008 ozone, 2010 NO2, 
and 2010 SO2 NAAQS.
    The requirement for states to make a SIP submission of this type 
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), 
states must make SIP submissions ``within 3 years (or such shorter 
period as the Administrator may prescribe) after the promulgation of a 
national primary ambient air quality standard (or any revision 
thereof),'' and these SIP submissions are to provide for the 
``implementation, maintenance, and enforcement'' of such NAAQS. The 
statute directly imposes on states the duty to make these SIP 
submissions, and the requirement to make the submissions is not 
conditioned upon EPA's taking any action other than promulgating a new 
or revised NAAQS. Section 110(a)(2) includes a list of specific 
elements that ``[e]ach such plan'' submission must address.
    This specific rulemaking is only taking action on the CAA 
110(a)(2)(A) requirements of these submittals. The majority of the 
other infrastructure elements were finalized in an October 16, 2014 (79 
FR 62042), rulemaking.

III. What is EPA's review of these SIP submissions?

    On September 13, 2013, EPA issued ``Guidance on Infrastructure 
State Implementation Plan (SIP) Elements under Clean Air Act Sections 
110(a)(1) and 110(a)(2)'' (2013 Memo). This guidance provides, among 
other things, advice on the development of infrastructure SIPs for the 
2008 ozone, the 2010 NO2, the 2010 SO2 NAAQS. As 
noted in the 2013 Memo, pursuant to CAA section 110(a), states must 
provide reasonable notice and opportunity for public hearing for all 
infrastructure SIP submissions. The public comment period for Illinois 
EPA's infrastructure SIP submission ended on December 26, 2012; during 
this period, the state did not receive any written comments, nor was 
there a request for a public hearing.

[[Page 10654]]

EPA is also soliciting comment on our evaluation of the state's 
infrastructure SIP submission in this notice of proposed rulemaking. 
Illinois provided a detailed synopsis of how various components of its 
SIP meet each of the applicable requirements in section 110(a)(2) for 
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS, as 
applicable. The following review only evaluates the state's submissions 
for CAA section 110(a)(2)(A) requirements.

A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures

    This section requires SIPs to include enforceable emission limits 
and other control measures, means or techniques, schedules for 
compliance, and other related matters. However, EPA has long 
interpreted emission limits and control measures for attaining the 
standards as being due when nonattainment planning requirements are 
due.\1\ In the context of an infrastructure SIP, EPA is not evaluating 
the existing SIP provisions for this purpose. Instead, EPA is only 
evaluating whether the state's SIP has basic structural provisions for 
the implementation of the NAAQS.
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    \1\ See, e.g., EPA's 73 FR 66964 at 67034, final rule on 
``National Ambient Air Quality Standards for Lead.''
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    The Illinois Environmental Protection Act is contained in chapter 
415, section 5, of the Illinois Compiled Statutes (415 ILCS 5). 415 
ILCS 5/4 provides Illinois EPA with the authority to develop rules and 
regulations necessary to meet ambient air quality standards. 
Additionally, the Illinois Pollution Control Board (IPCB) was created 
under 415 ILCS 5, providing the IPCB with the authority to develop 
rules and regulations necessary to promote the purposes of the Illinois 
Environmental Protection Act. Furthermore, the IPCB ensures compliance 
with required laws and other elements of the state's attainment plan 
that are necessary to attain the NAAQS, and to comply with the 
requirements of the CAA (415 ILCS 5/10).
    The 2013 Memo described above states that to satisfy section 
110(a)(2)(A) requirements, ``an air agency's submission should identify 
existing EPA-approved SIP provisions or new SIP provisions that the air 
agency has adopted and submitted for EPA approval that limit emissions 
of pollutants relevant to the subject NAAQS, including precursors of 
the relevant NAAQS pollutant where applicable'' (2013 Memo at page 18). 
In its January 9, 2015 clarification letter, Illinois EPA identified 
regulations with existing controls and emission limits that can be 
applied to the 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS. These regulations include controls and emission limits for 
volatile organic compounds (VOC) and nitrogen oxides (NOX) 
which are ozone precursors. Existing controls and emission limits which 
control VOC as an ozone precursor and can be applied to the 2008 ozone 
NAAQS are found in 35 Illinois Administrative Code (IAC) Parts 205, 
215, 218, 219, and 233. Existing controls and emission limits which 
control NOX as an ozone precursor and can be applied to the 
2008 ozone and the 2010 NO2 NAAQS are found in 35 IAC Parts 
217 and 225. Existing controls and emission limits which control 
SO2 and can be applied to the 2010 SO2 NAAQS are 
found in 35 IAC Parts 214 and 225. EPA proposes that Illinois has met 
the infrastructure SIP requirements of section 110(a)(2)(A) with 
respect to the 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS.
    In this rulemaking, EPA is not proposing to approve any new 
provisions in 35 IAC Parts 205, 214, 215, 217, 218, 219, 223, and 225 
that have not been previously approved by EPA. In addition, as stated 
in the October 16, 2014 (79 FR 62042), rulemaking approving the 
majority of the other infrastructure elements in the state's 
submission, EPA is not proposing to approve or disapprove any existing 
state provisions or rules related to start-up, shutdown or malfunction 
or director's discretion in the context of section 110(a)(2)(A).

IV. What action is EPA taking?

    EPA is proposing to approve submissions from Illinois certifying 
that its current SIP is sufficient to meet the required infrastructure 
element under CAA section 110(a)(2)(A) for the 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves State law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     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 and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Nitrogen dioxide, Sulfur 
dioxide, Reporting and recordkeeping requirements.

    Dated: February 12, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-04015 Filed 2-26-15; 8:45 am]
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