[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49671-49675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20129]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0043; FRL-9999-78-Region 5]
Air Plan Approval; Illinois; State Board and Infrastructure SIP
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Illinois 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.
DATES: This final rule is effective on October 23, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0043. All
[[Page 49672]]
documents in the docket are listed on the www.regulations.gov website.
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 through
www.regulations.gov or 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), 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 our response to comments received on the proposed
rulemaking?
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?
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 rulemaking addresses a January 25, 2018, submission from the
Illinois Environmental Protection Agency (IEPA) addressing section 128
requirements and revisions to infrastructure SIP 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 CAA
section 110(a)(2)(E) (also known as ``element E''). EPA is not acting
on the 2012 PM2.5 NAAQS infrastructure revision in this
rulemaking.
II. What is our response to comments received on the proposed
rulemaking?
The proposed rulemaking associated with this final action was
published on May 16, 2019 (84 FR 22082), and EPA received one comment
during the comment period, which ended on June 17, 2019. A synopsis of
the adverse comment, as well as EPA's response, is discussed below.
Comment: The commenter suggests that the proposed SIP revision is
not approvable because definitions of several of the key terms are not
located anywhere in the Illinois Administrative Code, specifically
``significant portion of income,'' ``represent the public interest,''
``adequately disclosed,'' ``conflict of interest,'' and ``bias.'' The
commenter also states that the text of the new SIP provision does not
specify that it applies to the Pollution Control Board or to the IEPA.
Response: EPA disagrees that this action is not approvable for the
reasons stated in the comment. The language that the state has adopted
and that EPA is approving into the Illinois SIP is identical to the
language in CAA section 128, and therefore meets the statutory
requirements. When appropriate, EPA allows states to adopt identical
language from the CAA into a SIP for statutory and regulatory
requirements. EPA notes that the CAA itself does not define the terms
noted by the commenter, and therefore the meanings may depend upon the
specific facts and circumstances of a given situation. While EPA's 1978
guidance for CAA section 128 provides recommended definitions, the
guidance also specifies that it does not create a requirement that all
SIPs must include EPA's suggested definitions for CAA section 128
verbatim, or that states must include any such definitions in SIPs at
all.\1\ The legislative history of the 1977 amendments to the CAA also
indicates that states have some flexibility to determine the specific
provisions needed to satisfy the requirements of section 128, so long
as the statutory requirements are met, specifically, the conference
committee for the 1977 amendments stated that ``it is the
responsibility of each state to determine the specific requirements to
meet the general requirements of [section 128].'' \2\ EPA has
previously approved SIP provisions with requirements that closely track
or mirror the explicit statutory language of CAA section 128 as meeting
the requirements of CAA section 128 into other states' SIPs.\3\
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\1\ 1978 Guidance, ``Model Letter from Regional Offices to
States,'' at 2-3.
\2\ H.R. Rep. 95-564 (1977), reprinted in Legislative History of
the Clean Air Act Amendments of 1977, 526-527 (1978).
\3\ See also EPA proposed rule on South Dakota, 79 FR 71040,
71052, finalized at 80 FR 4799; and Alabama, 83 FR 5594, finalized
at 83 FR 31454.
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The SIP revision language is also clear that it applies to the
Pollution Control Board and IEPA because the added language appears in
the Illinois Administrative Code under Title 35: Environmental
Protection, Subtitle A: General Provisions, Chapter 1: Pollution
Control Board. Therefore, the ``Board'' referenced in the SIP revision
is plainly referring to IEPA's Pollution Control Board because that
board is the subject of the entire chapter. Thus, the Board is a
``board or body'' within the meaning of CAA section 128, and the state
is properly imposing requirements on the Board through SIP provisions
as required by CAA section 110(a)(2)(E)(ii).
III. What action is EPA taking?
EPA is approving 35 Ill. Adm. Code 101.112(d) as satisfying the
requirements of CAA section 128. EPA is also approving 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 (Aug. 26, 2015)).
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Illinois
regulations described in the amendments to 40 CFR part 52 set forth
below. 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).
Therefore, these materials have been approved by EPA for inclusion in
the Illinois SIP, have been incorporated by reference by EPA into that
plan, are fully federally enforceable under sections 110 and 113 of the
CAA as of the effective date of the final rulemaking of EPA's approval,
and will be incorporated by reference in the next update to the SIP
compilation.\4\
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\4\ 62 FR 27968 (May 22, 1997).
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[[Page 49673]]
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).
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 November 22, 2019. 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 CAA section 307(b)(2).)
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: September 4, 2019.
Cheryl L Newton,
Acting 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 52.720 is amended:
0
a. In the table in paragraph (c), under ``Chapter I: Pollution Control
Board,'' by adding entries for ``Part 101: General Rules'' before
``Part 106: Procedural Regulations''; and
0
b. In the table in paragraph (e), under the heading ``Section 110(a)(2)
Infrastructure Requirements,'' by revising the entries for ``2006 24-
hour PM2.5 NAAQS Infrastructure Requirements'', ``2008 Lead
NAAQS Infrastructure Requirements'', ``2008 Ozone NAAQS Infrastructure
Requirements'', ``2010 NO2 NAAQS Infrastructure
Requirements'', and ``2010 SO2 NAAQS Infrastructure
Requirements''.
The additions and revisions read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
[[Page 49674]]
EPA-Approved Illinois Regulations and Statutes
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State effective
Illinois citation Title/subject date EPA approval date Comments
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* * * * * * *
Part 101: General Rules--Subpart A: General Provisions
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101.112........................ Bias and Conflict 7/5/2017......... 9/23/2019, Only paragraph (d).
of Interest. [Insert Federal
Register
citation].
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(e) * * *
EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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Applicable
geographic or State submittal
Name of SIP provision nonattainment date EPA approval date Comments
area
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* * * * * * *
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Section 110(a)(2) Infrastructure Requirements
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2006 24-hour PM2.5 NAAQS Statewide........ 08/09/11, 9/23/2019, All CAA infrastructure
Infrastructure Requirements. supplemented on [Insert Federal elements under
08/25/11, 06/27/ Register 110(a)(2) have been
12, and 7/5/2017. citation]. approved except
(D)(i)(I) [Prongs 1
and 2], (D)(ii), and
the PSD portions of
(C), (D)(i)(II)
[Prong 3], and (J),
which have been
disapproved. The
disapproved elements
have Federal
Implementation Plans
(FIP) in place and no
further action is
needed.
2008 Lead NAAQS Infrastructure Statewide........ 12/31/12 and 7/5/ 9/23/2019, All CAA infrastructure
Requirements. 2017. [Insert Federal elements under
Register 110(a)(2) have been
citation]. approved except
(D)(ii), and the PSD
portions of (C),
(D)(i)(II) [Prong 3],
and (J), which have
been disapproved. The
disapproved elements
have Federal
Implementation Plans
(FIP) in place and no
further action is
needed.
2008 Ozone NAAQS Infrastructure Statewide........ 12/31/12 and 7/5/ 9/23/2019, All CAA infrastructure
Requirements. 2017. [Insert Federal elements under
Register 110(a)(2) have been
citation]. approved except
(D)(i)(I) [Prongs 1
and 2], (D)(ii), and
the PSD portions of
(C), (D)(i)(II)
[Prong 3], and (J),
which have been
disapproved. The
disapproved elements
have Federal
Implementation Plans
(FIP) in place and no
further action is
needed.
2010 NO2 NAAQS Infrastructure Statewide........ 12/31/12 and 7/5/ 9/23/2019, All CAA infrastructure
Requirements. 2017. [Insert Federal elements under
Register 110(a)(2) have been
citation]. approved except
(D)(ii), and the PSD
portions of (C),
(D)(i)(II) [Prong 3],
and (J), which have
been disapproved. The
disapproved elements
have Federal
Implementation Plans
(FIP) in place and no
further action is
needed.
2010 SO2 NAAQS Infrastructure Statewide........ 12/31/12 and 7/5/ 9/23/2019, All CAA infrastructure
Requirements. 2017. [Insert Federal elements under
Register 110(a)(2) have been
citation]. approved except
(D)(ii), and the PSD
portions of (C),
(D)(i)(II) [Prong 3],
and (J), which have
been disapproved, and
(D)(i)(I) [Prongs 1
and 2], which have
not yet been
submitted. The
disapproved elements
have Federal
Implementation Plans
(FIP) in place and no
further action is
needed.
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[[Page 49675]]
[FR Doc. 2019-20129 Filed 9-20-19; 8:45 am]
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