Approval and Promulgation of Air Quality Implementation Plans; Illinois; Emission Limit Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2, 10652-10654 [2015-04015]
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<![CDATA[
10652
Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Proposed Rules
Element
2010 NO2
2010 SO2
(D)4: Visibility ...........................................................................................................................................................
(D)5: Interstate and International Pollution Abatement ...........................................................................................
(E): Adequate resources ..........................................................................................................................................
(E): State boards .....................................................................................................................................................
(F): Stationary source monitoring system ...............................................................................................................
(G): Emergency power ............................................................................................................................................
(H): Future SIP revisions .........................................................................................................................................
(I): Nonattainment area plan or plan revisions under part D ..................................................................................
(J)1: Consultation with government officials ............................................................................................................
(J)2: Public notification ............................................................................................................................................
(J)3: PSD .................................................................................................................................................................
(J)4: Visibility protection ...........................................................................................................................................
(K): Air quality modeling and data ...........................................................................................................................
(L): Permitting fees ..................................................................................................................................................
(M): Consultation and participation by affected local entities .................................................................................
NA
A
A
A
A
A
A
+
A
A
A
+
A
A
A
NA
A
A
A
A
A
A
+
A
A
A
+
A
A
A
In the above table, the key is as follows:
A ....................
NA ..................
+ ....................
Approve.
No Action/Separate Rulemaking.
Not germane to infrastructure
SIPs.
tkelley on DSK3SPTVN1PROD with PROPOSALS
VI. 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 Order 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
VerDate Sep<11>2014
16:15 Feb 26, 2015
Jkt 235001
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,
Nitrogen dioxide, Sulfur dioxide,
Reporting and recordkeeping
requirements.
Dated: February 12, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015–04014 Filed 2–26–15; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0969; EPA–R05–
OAR–2012–0991; EPA–R05–OAR–2013–
0435; FRL–9923–42–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
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
some elements of a state
implementation plan (SIP) submission
from Illinois regarding the infrastructure
requirements of section 110 of the Clean
Air Act (CAA) for the 2008 8-hour
ground level 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. This
action is specifically looking at
infrastructure requirements concerning
emission limits and other control
measures.
SUMMARY:
Comments must be received on
or before March 30, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2011–0969 (2008 ozone
infrastructure elements), EPA–R05–
OAR–2012–0991 (2010 NO2
infrastructure elements), or EPA–R05–
OAR–2013–0435 (2010 SO2
infrastructure elements) by one of the
following methods:
DATES:
E:\FR\FM\27FEP1.SGM
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tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Proposed Rules
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: aburano.douglas@epa.gov.
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–2011–0969
(2008 ozone infrastructure elements),
EPA–R05–OAR–2012–0991 (2010 NO2
infrastructure elements), or EPA–R05–
OAR–2013–0435 (2010 SO2
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
VerDate Sep<11>2014
16:15 Feb 26, 2015
Jkt 235001
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,
arra.sarah@epa.gov.
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.
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10653
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 a
December 31, 2012, submission 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.
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 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.
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 2008 ozone,
the 2010 NO2, the 2010 SO2 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. The public comment
period for Illinois EPA’s infrastructure
SIP submission ended on December 26,
2012; during this period, the state did
not receive any written comments, nor
was there a request for a public hearing.
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Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Proposed Rules
tkelley on DSK3SPTVN1PROD with PROPOSALS
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 2008 ozone, 2010 NO2,
and 2010 SO2 NAAQS, as applicable.
The following review only evaluates the
state’s submissions for CAA section
110(a)(2)(A) requirements.
A. Section 110(a)(2)(A)—Emission
Limits and Other Control Measures
This section requires SIPs to include
enforceable emission limits and other
control measures, means or techniques,
schedules for compliance, and other
related matters. However, EPA has long
interpreted emission limits and control
measures for attaining the standards as
being due when nonattainment
planning requirements are due.1 In the
context of an infrastructure SIP, EPA is
not evaluating the existing SIP
provisions for this purpose. Instead,
EPA is only evaluating whether the
state’s SIP has basic structural
provisions for the implementation of the
NAAQS.
The Illinois Environmental Protection
Act is contained in chapter 415, section
5, of the Illinois Compiled Statutes (415
ILCS 5). 415 ILCS 5/4 provides Illinois
EPA with the authority to develop rules
and regulations necessary to meet
ambient air quality standards.
Additionally, the Illinois Pollution
Control Board (IPCB) was created under
415 ILCS 5, providing the IPCB with the
authority to develop rules and
regulations necessary to promote the
purposes of the Illinois Environmental
Protection Act. Furthermore, the IPCB
ensures compliance with required laws
and other elements of the state’s
attainment plan that are necessary to
attain the NAAQS, and to comply with
the requirements of the CAA (415 ILCS
5/10).
The 2013 Memo described above
states that to satisfy section 110(a)(2)(A)
requirements, ‘‘an air agency’s
submission should identify existing
EPA-approved SIP provisions or new
SIP provisions that the air agency has
adopted and submitted for EPA
approval that limit emissions of
pollutants relevant to the subject
NAAQS, including precursors of the
relevant NAAQS pollutant where
applicable’’ (2013 Memo at page 18). In
its January 9, 2015 clarification letter,
Illinois EPA identified regulations with
1 See, e.g., EPA’s 73 FR 66964 at 67034, final rule
on ‘‘National Ambient Air Quality Standards for
Lead.’’
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existing controls and emission limits
that can be applied to the 2008 ozone,
2010 NO2, and 2010 SO2 NAAQS. These
regulations include controls and
emission limits for volatile organic
compounds (VOC) and nitrogen oxides
(NOX) which are ozone precursors.
Existing controls and emission limits
which control VOC as an ozone
precursor and can be applied to the
2008 ozone NAAQS are found in 35
Illinois Administrative Code (IAC) Parts
205, 215, 218, 219, and 233. Existing
controls and emission limits which
control NOX as an ozone precursor and
can be applied to the 2008 ozone and
the 2010 NO2 NAAQS are found in 35
IAC Parts 217 and 225. Existing controls
and emission limits which control SO2
and can be applied to the 2010 SO2
NAAQS are found in 35 IAC Parts 214
and 225. EPA proposes that Illinois has
met the infrastructure SIP requirements
of section 110(a)(2)(A) with respect to
the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS.
In this rulemaking, EPA is not
proposing to approve any new
provisions in 35 IAC Parts 205, 214,
215, 217, 218, 219, 223, and 225 that
have not been previously approved by
EPA. In addition, as stated in the
October 16, 2014 (79 FR 62042),
rulemaking approving the majority of
the other infrastructure elements in the
state’s submission, EPA is not proposing
to approve or disapprove any existing
state provisions or rules related to startup, shutdown or malfunction or
director’s discretion in the context of
section 110(a)(2)(A).
IV. What action is EPA taking?
EPA is proposing to approve
submissions from Illinois 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.
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
PO 00000
Frm 00028
Fmt 4702
Sfmt 9990
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).
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: February 12, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015–04015 Filed 2–26–15; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Proposed Rules]
[Pages 10652-10654]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04015]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2011-0969; EPA-R05-OAR-2012-0991; EPA-R05-OAR-2013-0435;
FRL-9923-42-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: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve some elements of a state implementation plan (SIP) submission
from Illinois regarding the infrastructure requirements of section 110
of the Clean Air Act (CAA) for the 2008 8-hour ground level 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. This action is
specifically looking at infrastructure requirements concerning emission
limits and other control measures.
DATES: Comments must be received on or before March 30, 2015.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-
0991 (2010 NO2 infrastructure elements), or EPA-R05-OAR-
2013-0435 (2010 SO2 infrastructure elements) by one of the
following methods:
[[Page 10653]]
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: aburano.douglas@epa.gov.
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-2011-
0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-0991 (2010
NO2 infrastructure elements), or EPA-R05-OAR-2013-0435 (2010
SO2 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, arra.sarah@epa.gov.
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 a December 31, 2012, submission 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.
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 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.
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
2008 ozone, the 2010 NO2, the 2010 SO2 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. The public comment period for Illinois
EPA's infrastructure SIP submission ended on December 26, 2012; during
this period, the state did not receive any written comments, nor was
there a request for a public hearing.
[[Page 10654]]
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 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS, as
applicable. The following review only evaluates the state's submissions
for CAA section 110(a)(2)(A) requirements.
A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures
This section requires SIPs to include enforceable emission limits
and other control measures, means or techniques, schedules for
compliance, and other related matters. However, EPA has long
interpreted emission limits and control measures for attaining the
standards as being due when nonattainment planning requirements are
due.\1\ In the context of an infrastructure SIP, EPA is not evaluating
the existing SIP provisions for this purpose. Instead, EPA is only
evaluating whether the state's SIP has basic structural provisions for
the implementation of the NAAQS.
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\1\ See, e.g., EPA's 73 FR 66964 at 67034, final rule on
``National Ambient Air Quality Standards for Lead.''
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The Illinois Environmental Protection Act is contained in chapter
415, section 5, of the Illinois Compiled Statutes (415 ILCS 5). 415
ILCS 5/4 provides Illinois EPA with the authority to develop rules and
regulations necessary to meet ambient air quality standards.
Additionally, the Illinois Pollution Control Board (IPCB) was created
under 415 ILCS 5, providing the IPCB with the authority to develop
rules and regulations necessary to promote the purposes of the Illinois
Environmental Protection Act. Furthermore, the IPCB ensures compliance
with required laws and other elements of the state's attainment plan
that are necessary to attain the NAAQS, and to comply with the
requirements of the CAA (415 ILCS 5/10).
The 2013 Memo described above states that to satisfy section
110(a)(2)(A) requirements, ``an air agency's submission should identify
existing EPA-approved SIP provisions or new SIP provisions that the air
agency has adopted and submitted for EPA approval that limit emissions
of pollutants relevant to the subject NAAQS, including precursors of
the relevant NAAQS pollutant where applicable'' (2013 Memo at page 18).
In its January 9, 2015 clarification letter, Illinois EPA identified
regulations with existing controls and emission limits that can be
applied to the 2008 ozone, 2010 NO2, and 2010 SO2
NAAQS. These regulations include controls and emission limits for
volatile organic compounds (VOC) and nitrogen oxides (NOX)
which are ozone precursors. Existing controls and emission limits which
control VOC as an ozone precursor and can be applied to the 2008 ozone
NAAQS are found in 35 Illinois Administrative Code (IAC) Parts 205,
215, 218, 219, and 233. Existing controls and emission limits which
control NOX as an ozone precursor and can be applied to the
2008 ozone and the 2010 NO2 NAAQS are found in 35 IAC Parts
217 and 225. Existing controls and emission limits which control
SO2 and can be applied to the 2010 SO2 NAAQS are
found in 35 IAC Parts 214 and 225. EPA proposes that Illinois has met
the infrastructure SIP requirements of section 110(a)(2)(A) with
respect to the 2008 ozone, 2010 NO2, and 2010 SO2
NAAQS.
In this rulemaking, EPA is not proposing to approve any new
provisions in 35 IAC Parts 205, 214, 215, 217, 218, 219, 223, and 225
that have not been previously approved by EPA. In addition, as stated
in the October 16, 2014 (79 FR 62042), rulemaking approving the
majority of the other infrastructure elements in the state's
submission, EPA is not proposing to approve or disapprove any existing
state provisions or rules related to start-up, shutdown or malfunction
or director's discretion in the context of section 110(a)(2)(A).
IV. What action is EPA taking?
EPA is proposing to approve submissions from Illinois 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.
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);
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, Ozone, Nitrogen dioxide, Sulfur
dioxide, Reporting and recordkeeping requirements.
Dated: February 12, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-04015 Filed 2-26-15; 8:45 am]
BILLING CODE 6560-50-P
