[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Rules and Regulations]
[Pages 51730-51732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21010]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0805; EPA-R05-OAR-2011-0969; FRL-9932-97-Region 5]


Illinois; Disapproval of State Board Infrastructure SIP 
Requirements for the 2006 PM2.5 and 2008 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is disapproving 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 requirements of

[[Page 51731]]

the CAA. This action pertains specifically to infrastructure 
requirements concerning state board requirements.

DATES: This final rule is effective on September 25, 2015.

ADDRESSES: EPA has established dockets for this action under Docket ID 
No. EPA-R05-OAR-2009-0805 (2006 PM2.5 infrastructure 
elements) and EPA-R05-OAR-2011-0969 (2008 ozone infrastructure 
elements). All documents in the docket are listed on the 
www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the 
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 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?

    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 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 only takes 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).

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

    The proposed rulemaking associated with this final action was 
published on June 12, 2015 (80 FR 33458), and EPA received no comments 
during the comment period, which ended on July 13, 2015.

III. What action is EPA taking?

    EPA is disapproving as proposed 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. This final disapproval 
triggers the requirement under section 110(c) that EPA promulgate a 
Federal Implementation Plan (FIP) no later than two years from the 
effective date of the disapproval unless the State corrects the 
deficiency, and the Administrator approves the plan or plan revision 
before the Administrator promulgates such FIP.

IV. 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 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 disapproves state law as not meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this 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 rule disapproves 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 disapproves 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 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 rule 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 disapproves a state rule.

[[Page 51732]]

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, 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.

Executive Order 12898: Federal Actions To Address Environmental Justice 
in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA lacks the discretionary authority to address environmental 
justice in this action. In reviewing SIP submissions, EPA's role is to 
approve or disapprove state choices, based on the criteria of the CAA. 
Accordingly, this action merely disapproves certain state requirements 
for inclusion into the SIP under section 110 and subchapter I, part D 
of the CAA and will not in-and-of itself create any new requirements. 
Accordingly, it 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.

Congressional Review Act

    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 rule 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 October 26, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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, Particulate matter.

    Dated: August 14, 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 (c) and (e) to read 
as follows:


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

* * * * *
    (c) Approval and Disapproval--In an August 9, 2011, submittal, and 
supplemented on August 25, 2011, and June 27, 2012, 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 2006 24-
hour PM2.5 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)(II) with respect to 
visibility protection, (D)(ii), (E) except for state board 
requirements, (F) through (H), (J) except for prevention of significant 
deterioration (PSD), and (K) through (M). EPA is not taking action on 
(D)(i)(I). EPA is disapproving the state board requirements of (E)(ii). 
EPA is disapproving Illinois' submission addressing PSD in (C), 
(D)(i)(II), and the PSD portion of (J). Although EPA is disapproving 
portions of Illinois' submission addressing PSD, Illinois continues to 
implement the Federally promulgated rules for this purpose as they 
pertain to (C), (D)(i)(II), and the PSD portion of (J).
* * * * *
    (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 (PSD), and (K) through (M). 
EPA is disapproving the state board requirements of (E)(ii). EPA is 
disapproving Illinois' submission addressing PSD in (C), (D)(i)(II), 
and the PSD portion of (J). Although EPA is disapproving portions of 
Illinois' submission addressing PSD, Illinois continues to implement 
the Federally promulgated rules for this purpose as they pertain to 
(C), (D)(i)(II), and the PSD portion of (J).
* * * * *
[FR Doc. 2015-21010 Filed 8-25-15; 8:45 am]
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