[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Rules and Regulations]
[Pages 29535-29537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12355]



[[Page 29535]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0969; EPA-R05-OAR-2012-0991; EPA-R05-OAR-2013-0435; 
FRL-9927-94-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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve some elements of state implementation plan (SIP) 
submissions from Illinois regarding the infrastructure requirements of 
section 110 of the Clean Air Act (CAA) for the 2008 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. In this action, EPA 
is specifically approving infrastructure requirements concerning 
emission limits and other control measures. The proposed rulemaking 
associated with today's final action was published on February 27, 
2015, and EPA received no comments during the comment period, which 
ended on March 30, 2015.

DATES: This final rule is effective on June 22, 2015.

ADDRESSES: EPA has established dockets for this action under Docket ID 
No. EPA-R05-OAR-2011-0969 (2008 ozone infrastructure SIP elements), 
Docket ID No. EPA-R05-OAR-2012-0991 (2010 NO2 infrastructure 
SIP elements), and Docket ID No. EPA-R05-OAR-2013-0435 (2010 
SO2 infrastructure SIP elements). 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., 
Confidential Business Information 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 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 is the background of these SIP submissions?
II. What is our response to comments received on the proposed 
rulemaking?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.

I. What is the background of these SIP submissions?

A. What state SIP submission does this rulemaking address?

    This rulemaking addresses three submissions from December 31, 2012, 
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.

B. Why did the state make these SIP submissions?

    Under sections 110(a)(1) and (2) of the CAA, states are required to 
submit infrastructure SIPs to ensure that their SIPs provide for 
implementation, maintenance, and enforcement of the NAAQS, including 
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. 
These submissions must contain any revisions needed for meeting the 
applicable SIP requirements of section 110(a)(2), or certifications 
that their existing SIPs for the NAAQS already meet those requirements.
    EPA has highlighted this statutory requirement in multiple guidance 
documents, including the most recent guidance document entitled 
``Guidance on Infrastructure State Implementation Plan (SIP) Elements 
under Clean Air Act Sections 110(a)(1) and (2)'' issued on September 
13, 2013.

C. What is the scope of this rulemaking?

    EPA is acting upon the SIP submissions from Illinois that address 
the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) 
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.
    In this specific rulemaking, EPA 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.

II. What is our response to comments received on the proposed 
rulemaking?

    The proposed rulemaking associated with today's final action was 
published on February 27, 2015 (80 FR 10652), and EPA received no 
comments during the comment period, which ended on March 30, 2015.

III. What action is EPA taking?

    To meet the infrastructure element under CAA section 110(a)(2)(A), 
IEPA has identified rules and regulations that provide control measures 
and limit emissions of pollutants relevant to the 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS. For the reasons 
discussed in our proposed rulemaking, EPA is taking final action to 
approve, as proposed, Illinois' submittal 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.

IV. 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

[[Page 29536]]

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).
    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 July 21, 2015. 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. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

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: May 13, 2015.
Susan Hedman,
Regional Administrator, Region 5.
    40 CFR part 52 is 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. Section 52.745 is amended by revising paragraphs (e), (f), and (g) 
to read as follows:


Sec.  52.745  Section 110(a)(2) infrastructure requirements.

* * * * *
    (e) Approval and Disapproval--In a December 31, 2012, submittal, 
Illinois certified that the State has satisfied the infrastructure SIP 
requirements of section 110(a)(2)(A) through (H), and (J) through (M) 
for the 2008 ozone NAAQS except for 110(a)(2)(D)(i)(I). EPA is 
approving Illinois' submission addressing the infrastructure SIP 
requirements of section 110(a)(2)(A), (B), (C) with respect to 
enforcement, (D)(i)(II) with respect to visibility protection, (D)(ii), 
(E) except for state board requirements, (F) through (H), (J) except 
for prevention of significant deterioration, and (K) through (M). EPA 
is disapproving Illinois' submission addressing the prevention of 
significant deterioration, in (C), (D)(i)(II), and the prevention of 
significant deterioration (PSD) portion of (J). EPA is not taking 
action on the state board requirements of (E). Although EPA is 
disapproving portions of Illinois' submission addressing the prevention 
of significant deterioration, Illinois continues to implement the 
Federally promulgated rules for this purpose as they pertain to (C), 
(D)(i)(II), and the prevention of significant deterioration (PSD) 
portion of (J).
    (f) Approval and Disapproval--In a December 31, 2012, submittal, 
Illinois certified that the state has satisfied the infrastructure SIP 
requirements of section 110(a)(2)(A) through (H), and (J) through (M) 
for the 2010 nitrogen dioxide (NO2) NAAQS. EPA is approving 
Illinois' submission addressing the infrastructure SIP requirements of 
section 110(a)(2)(A), (B), (C) with respect to enforcement, (D)(i)(I), 
(D)(i)(II) with respect to visibility protection, (D)(ii), (E) except 
for state board requirements, (F) through (H), (J) except for 
prevention of significant deterioration, and (K) through (M). EPA is 
disapproving Illinois' submission addressing the prevention of 
significant deterioration, in (C), (D)(i)(II), and the prevention of 
significant deterioration (PSD) portion of (J). EPA is not taking 
action on the state board requirements of (E). Although EPA is 
disapproving portions of Illinois' submission addressing the prevention 
of significant deterioration, Illinois continues to implement the 
Federally promulgated rules for this purpose as they pertain to (C), 
(D)(i)(II), and the prevention of significant deterioration (PSD) 
portion of (J).
    (g) Approval and Disapproval--In a December 31, 2012, submittal, 
Illinois certified that the state has satisfied the infrastructure SIP 
requirements of section 110(a)(2)(A) through (H), and (J) through (M) 
for the 2010 sulfur dioxide (SO2) NAAQS except for 
110(a)(2)(D)(i)(I). EPA is approving Illinois' submission addressing 
the infrastructure SIP requirements of section 110(a)(2)(A), (B), (C) 
with respect to enforcement, (D)(i)(II) with respect to visibility 
protection, (D)(ii), (E) except for state board requirements, (F) 
through (H), (J) except for prevention of significant deterioration, 
and (K) through (M). EPA is disapproving Illinois' submission 
addressing the prevention of significant deterioration, in (C), 
(D)(i)(II), and the prevention of significant deterioration (PSD) 
portion of (J). EPA is not taking action on the state board 
requirements of (E).

[[Page 29537]]

Although EPA is disapproving portions of Illinois' submission 
addressing the prevention of significant deterioration, Illinois 
continues to implement the Federally promulgated rules for this purpose 
as they pertain to (C), (D)(i)(II), and the prevention of significant 
deterioration (PSD) portion of (J).

[FR Doc. 2015-12355 Filed 5-21-15; 8:45 am]
BILLING CODE 6560-50-P