[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Proposed Rules]
[Pages 33458-33460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14348]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0805; EPA-R05-OAR-2011-0969; FRL-9928-55-Region 5]


Illinois; Disapproval of State Board Infrastructure SIP 
Requirements for the 2006 PM[bdi2].[bdi5] and 2008 Ozone 
NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
disapprove an element of State Implementation Plan (SIP) submissions 
from Illinois regarding the infrastructure requirements of section 110 
of the Clean Air Act (CAA) for the 2006 fine particulate matter 
(PM2.5) and 2008 ozone 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 pertains specifically to infrastructure 
requirements concerning state board requirements.

DATES: Comments must be received on or before July 13, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0805 (2006 PM2.5 infrastructure elements) and EPA-
R05-OAR-2011-0969 (2008 ozone infrastructure elements) by one of the 
following methods:
    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-2009-
0805 (2006 PM2.5 infrastructure elements) and EPA-R05-OAR-
2011-0969 (2008 ozone 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 August 9, 2011, and December 31, 2012, 
submissions from the Illinois Environmental Protection Agency (Illinois 
EPA) intended to address all applicable infrastructure requirements for 
the 2006 PM2.5 and 2008 ozone 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

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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 section 
110(a)(2)(E)(ii) requirement of these submittals. The majority of the 
other infrastructure elements were approved October 29, 2012 (77 FR 
65478) and October 16, 2014 (79 FR 62042), rulemakings.

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 
2006 PM2.5 and 2008 ozone 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. Illinois EPA provided public comment opportunities on both 
submittals. 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 2006 PM2.5 and 2008 ozone NAAQS, 
as applicable. The following review only evaluates the state's 
submissions for CAA section 110(a)(2)(E)(ii) requirements.

Section 110(a)(2)(E)(ii)--Compliance With State Board Requirements of 
Section 128

    Section 110(a)(2)(E)(ii) requires each SIP to contain provisions 
that comply with the state board requirements of section 128 of the 
CAA. That provision contains two explicit requirements: (1) That any 
board or body which approves permits or enforcement orders under this 
chapter shall have at least a majority of members who represent the 
public interest and do not derive any significant portion of their 
income from persons subject to permits and enforcement orders under 
this chapter, and (2) that any potential conflicts of interest by 
members of such board or body or the head of an executive agency with 
similar powers be adequately disclosed. The 2013 Memo specifies that 
the provisions that implement CAA section 128 would need to be 
contained within the SIP. ``EPA would not approve an infrastructure SIP 
submission that only provides a narrative description of existing air 
agency laws, rules, and regulations that are not approved into the SIP 
to address CAA section 128 requirements.'' 2013 Memo at 42.
    After reviewing Illinois' SIP, EPA has made the preliminary 
determination that it does not contain provisions to comply with 
section 128 of the CAA, and thus Illinois' August 9, 2011, and December 
31, 2012, infrastructure SIP submissions do not meet the requirements 
of the CAA. While Illinois has state statutes that may address, in 
whole or in part, requirements related to state boards at the state 
level, these provisions are not included in the SIP as required by the 
CAA. Based on an evaluation of the Federally-approved Illinois SIP, EPA 
is proposing to disapprove Illinois' infrastructure SIP submission in 
regards to meeting the requirements of section 110(a)(2)(E)(ii) of the 
CAA for the 2006 PM2.5 and 2008 ozone NAAQS.

IV. What action is EPA taking?

    EPA is proposing to disapprove a portion of submissions from 
Illinois certifying that its current SIP is sufficient to meet the 
required infrastructure element under CAA section 110(a)(2)(E)(ii) for 
the 2006 PM2.5 and 2008 ozone NAAQS.

V. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and, therefore, is 
not subject to review by the Office of Management and Budget.

Paperwork Reduction Act

    This proposed rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

Regulatory Flexibility Act

    This action merely proposes to disapprove state law as not meeting 
Federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this proposed rule will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

    Because this rulemaking proposes to disapprove pre-existing 
requirements under state law and does not impose any additional 
enforceable duty beyond that required by state law, it 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).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it 
does not have substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely proposes to disapprove a state rule, and 
does not alter the relationship or the distribution of power and 
responsibilities established in the CAA.

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    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 proposed 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).

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    This rulemaking also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it proposes to 
disapprove a state rule.

Executive Order 13211: Actions That Significantly Affect Energy Supply, 
Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' this action 
is also not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply,

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Distribution, or Use'' (66 FR 28355, May 22, 2001).

National Technology Transfer Advancement Act

    In reviewing state submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the state 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a state submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a state 
submission, to use VCS in place of a state submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements.

    Dated: May 19, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-14348 Filed 6-11-15; 8:45 am]
 BILLING CODE 6560-50-P