[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Proposed Rules]
[Pages 22082-22084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09919]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0043; FRL-9993-53-Region 5]
Air Plan Approval; Illinois; State Board and Infrastructure SIP
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to Illinois's state implementation plan (SIP)
addressing the state board requirements under section 128 of the Clean
Air Act (CAA) and the related infrastructure element for several
National Ambient Air Quality Standard (NAAQS) infrastructure
submissions. 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.
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DATES: Comments must be received on or before June 17, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0043 at http://www.regulations.gov, or via email to
[email protected]. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-9401.
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 this SIP submission?
II. What is the result of EPA's review of this SIP submission?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background of this SIP submission?
A. What state SIP submission does this rulemaking address?
This rulemaking addresses a January 25, 2018 submission from the
Illinois Environmental Protection Agency (IEPA). The state submission
addresses section 128 requirements and revisions to infrastructure
submissions for the 2006 fine particulate matter (PM2.5),
2008 lead, 2008 ozone, 2010 nitrogen dioxide (NO2), 2010
sulfur dioxide (SO2), and 2012 PM2.5 NAAQS
specific to element E. EPA is not acting on the 2012 PM2.5
NAAQS infrastructure revision in this rulemaking.
B. Why did the state make this SIP submission?
Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This type of
SIP submission is commonly referred to as an ``infrastructure SIP.''
This submission must meet the various requirements of CAA section
110(a)(2), as applicable. Due to ambiguity in some of the language of
CAA section 110(a)(2), EPA believes that it is appropriate to interpret
these provisions in the specific context of acting on infrastructure
SIP submissions. EPA has previously provided comprehensive guidance on
the application of these provisions through a guidance document for
infrastructure SIP submissions and through regional actions on
infrastructure submissions.\1\ Unless otherwise noted below, we are
following that existing approach in acting on this submission. In
addition, in the context of acting on such infrastructure submissions,
EPA evaluates the submitting state's SIP for compliance with statutory
and regulatory requirements, not for the state's implementation of its
SIP.\2\ EPA has other authority to address any issues concerning a
state's implementation of the rules, regulations, consent orders, etc.
that comprise its SIP.
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\1\ EPA explains and elaborates on these ambiguities and its
approach to address them in its September 13, 2013 Infrastructure
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior
action on Illinois's infrastructure SIP to address the 2008 ozone,
2010 NO2, and 2010 SO2 NAAQS (79 FR 40693
(July 14, 2014)).
\2\ See U.S. Court of Appeals for the Ninth Circuit decision in
Montana Environmental Information Center v. EPA, No. 16-71933 (Aug.
30, 2018).
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II. What is the result of EPA's review of this SIP submission?
Section 110(a)(2)(E) of the CAA requires each state to provide for
adequate personnel, funding, and legal authority under state law to
carry out its SIP, and related issues. Section 110(a)(2)(E)(ii) also
requires each state to comply with the requirements with respect to
state boards under CAA section 128.
Under CAA sections 110(a)(2)(E)(i) and (iii), states are required
to show they have adequate personnel, funding, and legal authority
under state law to carry out its SIP and related issues. These
requirements were previously approved for the infrastructure SIPs that
are part of today's proposed rulemaking.\3\
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\3\ For 2006 PM2.5 see 77 FR 65478 (October 29,
2012); for 2008 lead see 79 FR 41439 (July 16, 2014); and for 2008
ozone, 2010 NO2, and 2010 SO2 see 79 FR 62042
(October 16, 2014).
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CAA section 110(a)(2)(E) also requires that each SIP contain
provisions that comply with the state board requirements of section 128
of the CAA. That provision contains two explicit requirements: (i) That
any board or body which approves permits or enforcement orders under
the CAA 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 the
CAA, and (ii) 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.
On January 25, 2018, IEPA submitted 35 Ill. Adm. Code 101.112(d)
for incorporation into the SIP, pursuant to section 128 of the CAA.
This rule applies to the Illinois Pollution Control Board which has the
authority to approve permits and enforcement orders. The language found
in 35 Ill. Adm. Code 101.112(d)is identical to the language in CAA
section 128. EPA is proposing to find that this submittal meets the
requirements of section 128 and satisfies the applicable requirements
of CAA section 110(a)(2)(E)(ii) for the 2006 PM2.5, 2008
lead, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.
III. What action is EPA taking?
EPA is proposing to approve 35 Ill. Adm. Code 101.112(d) as
satisfying the requirements of CAA section 128. EPA is also proposing
to approve the infrastructure element under CAA section
110(a)(2)(E)(ii) for the 2006 PM2.5, 2008 lead, 2008 ozone,
2010 NO2, and 2010 SO2 NAAQS. Final approval of
this action will terminate the Federal Implementation Plan Clock
started for the disapproval of CAA section 110(a)(2)(E)(ii) for the
2006 PM2.5 and 2008 ozone NAAQS (see 80 FR 51730 (August 26,
2015)).
IV. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by
[[Page 22084]]
reference. In accordance with requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference a portion of 35 Ill. Adm. Code
101.112 ``Bias and Conflict of Interest'', specifically, Section
101.112(d), effective July 5, 2017. EPA has made, and will continue to
make, these documents generally available through www.regulations.gov
and at the EPA Region 5 Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Sulfur oxides.
Dated: April 30, 2019.
Cheryl L Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-09919 Filed 5-15-19; 8:45 am]
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