Approval and Promulgation of Air Quality Implementation Plans; Illinois, 40013-40015 [2013-15611]
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Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations
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).
C. Petitions for Judicial Review
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 September 3, 2013. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action,
removing articles 39, 42, 49, and 50 of
chapter 9VAC5–40, part II (Existing
Stationary Sources) from the Virginia
SIP, may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
WREIER-AVILES on DSK5TPTVN1PROD with RULES
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Nitrogen dioxide,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: June 7, 2013.
W. C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
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Jkt 229001
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart VV—Virginia
§ 52.2420
[Amended]
2. In § 52.2420, the table in paragraph
(c) is amended by removing the entries
for articles under ‘‘9VAC5, Chapter 40,
Part II’’ for ‘‘Article 39 Emission
Standards for Asphalt Paving
Operations (Rule 4–39)’’, ‘‘Article 42
Emissions Standards for Portable Fuel
Container Spillage (Rule 4–42)’’,
‘‘Article 49 Emission Standards for
Architectural and Maintenance Coatings
(Rule 4–49)’’, and ‘‘Article 50 Emission
Standards for Consumer Products (Rule
4–50)’’, in their entirety.
■
[FR Doc. 2013–15728 Filed 7–2–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2013–0343; FRL–9824–9]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving a request
submitted by the Illinois Environmental
Protection Agency (Illinois EPA) on
April 11, 2013, to revise the Illinois
state implementation plan (SIP). The
submission revises Title 35 of the
Illinois Administrative Code (IAC) Part
254, Annual Emissions Report. The
revision provides clarification regarding
greenhouse gases (GHGs) as it relates to
the annual emissions report. The
rationale for approval and other
information are provided in this
rulemaking action.
DATES: This direct final rule will be
effective September 3, 2013, unless EPA
receives adverse comments by August 2,
2013. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2013–0343, by one of the
following methods:
SUMMARY:
PO 00000
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40013
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies 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 No. EPA–R05–OAR–2013–
0343. 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
E:\FR\FM\03JYR1.SGM
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40014
Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations
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 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 Charles Hatten,
Environmental Engineer, (312) 886–
6031 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312)886–6031,
hatten.charles@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:
WREIER-AVILES on DSK5TPTVN1PROD with RULES
I. What is the background for this action?
II. What revision did the state request?
III. What action is EPA taking today?
IV. Statutory and Executive Order Reviews.
I. What is the background for this
action?
On April 11, 2013, the Illinois EPA
submitted a request to EPA to revise the
SIP to provide clarification regarding
GHGs as it relates to the provisions at
35 IAC Part 254, Annual Emissions
Report.
On December 28, 2012, the Illinois
EPA published a ‘‘Notice of Public
Information’’ in the Illinois Register
providing a 30-day public comment
period on the proposed revision to its
SIP for GHGs relating to the annual
emissions report program. The notice
also provided for a public hearing if a
request for a hearing was received by
January 28, 2013. The Illinois EPA
received no requests for a public
hearing, and placed a ‘‘no public
hearing request’’ notice on the Illinois
EPA Web site at https://
www.epa.state.il.us/public-notices on
February 6, 2013.
II. What revision did the state request?
The state has requested that EPA
approve revisions to 35 IAC Part 254,
which requires facilities to submit an
annual emissions report to Illinois EPA.
This revision is a non-substantive
technical change that clarifies that the
type of annual emissions report that a
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15:18 Jul 02, 2013
Jkt 229001
source needs to submit to Illinois EPA
will not be based upon GHG emissions.
Prior to this revision, section
254.102(a)(1) of Subpart A, General
Provisions, 35 IAC Part 254, provided
that Subpart B, Reporting Requirements
for Large Sources, applied to owners or
operators of any source required to have
an operating permit in accordance with
35 IAC 201 that is permitted to emit 25
tons per year or more of any
combination of regulated air pollutants.
In 2011, the Illinois General Assembly
revised the definition of ‘‘regulated air
pollutant’’ in section 39.5 of the Illinois
Environmental Protection Act [415
Illinois Compiled Statutes 5/39.5] to
include GHGs. As a result, Illinois EPA
revised section 254.102(a)(1) of Subpart
A, General Provisions, 35 IAC Part 254,
to clarify that the type of annual
emissions report, i.e., a long form or a
short form, that a source is required to
submit will not be based on its GHG
emissions. The revised applicability
provisions at 35 IAC 254.102(a)(1)
provide that Subpart B, Reporting
Requirements for Large Sources, applies
to owners or operators of any source
required to have an operating permit in
accordance with 35 IAC 201 that is
permitted to emit 25 tons per year or
more of any combination of regulated
air pollutants, excluding greenhouse
gases. Illinois EPA anticipates that the
revised rule will avoid additional costs
for small businesses, small
municipalities and not-for-profit
corporations who would otherwise be
required to complete a long-form annual
emissions report absent the revised rule.
EPA finds that the revision to the
applicability provisions of 35 IAC Part
254 as they relate to GHGs is acceptable.
III. What action is EPA taking today?
EPA is approving the revision to the
Illinois SIP at 35 IAC Part 254, regarding
GHGs as it relates to the annual
emissions report.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective September 3, 2013 without
further notice unless we receive relevant
adverse written comments by August 2,
2013. If we receive such comments, we
will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
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addressed in a subsequent final rule
based on the proposed action. The EPA
will not institute a second comment
period. Any parties interested in
commenting on this action should do so
at this time. Please note that if EPA
receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment. If we do not receive
any comments, this action will be
effective September 3, 2013.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act 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 Clean Air Act. 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);
• 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
E:\FR\FM\03JYR1.SGM
03JYR1
WREIER-AVILES on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations
be inconsistent with the Clean Air Act;
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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 3,
2013. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
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, Emissions Reporting,
VerDate Mar<15>2010
15:18 Jul 02, 2013
Jkt 229001
Incorporation by reference, Ozone,
Volatile organic compounds.
Dated: June 6, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.720 is amended by
adding paragraph (c)(196) to read as
follows:
■
§ 52.720
Identification of plan.
*
*
*
*
*
(c) * * *
(196) On April 11, 2013, Illinois
submitted a revision to 35 IAC Part 254,
Annual Emissions Report. The revision
amends the applicability provisions as
they relate to greenhouse gases.
(i) Incorporation by reference.
Illinois Administrative Code Title 35:
Environmental Protection, Subtitle B:
Air Pollution; Chapter II: Environmental
Protection Agency; Part 254: Annual
Emission Report, Section 254.102:
Applicability, effective April 20, 2012.
[FR Doc. 2013–15611 Filed 7–2–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2013–0434; FRL–9829–6]
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants; District of
Columbia; Control of Emissions From
Existing Hospital/Medical/Infectious
Waste Incinerator Units
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a negative declaration
for hospital/medical/infectious waste
incinerator (HMIWI) units within the
District of Columbia. This negative
declaration certifies that HMIWI units
subject to the requirements of sections
111(d) and 129 of the Clean Air Act
(CAA) do not exist within the
jurisdictional boundaries of the District
Department of the Environment (DDOE).
EPA is accepting the negative
declaration in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
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40015
This rule is effective on
September 3, 2013 without further
notice, unless EPA receives adverse
written comment by August 2, 2013. If
EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2013–0434 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: cox.kathleen@epa.gov.
C. Mail: EPA–R03–OAR–2013–0434,
Kathleen Cox, Associate Director, Office
of Permits and Air Toxics, Mailcode
3AP10, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2013–
0434. 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.
DATES:
E:\FR\FM\03JYR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Rules and Regulations]
[Pages 40013-40015]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15611]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2013-0343; FRL-9824-9]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a request submitted by the Illinois
Environmental Protection Agency (Illinois EPA) on April 11, 2013, to
revise the Illinois state implementation plan (SIP). The submission
revises Title 35 of the Illinois Administrative Code (IAC) Part 254,
Annual Emissions Report. The revision provides clarification regarding
greenhouse gases (GHGs) as it relates to the annual emissions report.
The rationale for approval and other information are provided in this
rulemaking action.
DATES: This direct final rule will be effective September 3, 2013,
unless EPA receives adverse comments by August 2, 2013. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2013-0343, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
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 No. EPA-R05-OAR-
2013-0343. 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
[[Page 40014]]
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 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 Charles Hatten, Environmental Engineer,
(312) 886-6031 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312)886-6031, hatten.charles@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 is the background for this action?
II. What revision did the state request?
III. What action is EPA taking today?
IV. Statutory and Executive Order Reviews.
I. What is the background for this action?
On April 11, 2013, the Illinois EPA submitted a request to EPA to
revise the SIP to provide clarification regarding GHGs as it relates to
the provisions at 35 IAC Part 254, Annual Emissions Report.
On December 28, 2012, the Illinois EPA published a ``Notice of
Public Information'' in the Illinois Register providing a 30-day public
comment period on the proposed revision to its SIP for GHGs relating to
the annual emissions report program. The notice also provided for a
public hearing if a request for a hearing was received by January 28,
2013. The Illinois EPA received no requests for a public hearing, and
placed a ``no public hearing request'' notice on the Illinois EPA Web
site at https://www.epa.state.il.us/public-notices on February 6, 2013.
II. What revision did the state request?
The state has requested that EPA approve revisions to 35 IAC Part
254, which requires facilities to submit an annual emissions report to
Illinois EPA. This revision is a non-substantive technical change that
clarifies that the type of annual emissions report that a source needs
to submit to Illinois EPA will not be based upon GHG emissions.
Prior to this revision, section 254.102(a)(1) of Subpart A, General
Provisions, 35 IAC Part 254, provided that Subpart B, Reporting
Requirements for Large Sources, applied to owners or operators of any
source required to have an operating permit in accordance with 35 IAC
201 that is permitted to emit 25 tons per year or more of any
combination of regulated air pollutants. In 2011, the Illinois General
Assembly revised the definition of ``regulated air pollutant'' in
section 39.5 of the Illinois Environmental Protection Act [415 Illinois
Compiled Statutes 5/39.5] to include GHGs. As a result, Illinois EPA
revised section 254.102(a)(1) of Subpart A, General Provisions, 35 IAC
Part 254, to clarify that the type of annual emissions report, i.e., a
long form or a short form, that a source is required to submit will not
be based on its GHG emissions. The revised applicability provisions at
35 IAC 254.102(a)(1) provide that Subpart B, Reporting Requirements for
Large Sources, applies to owners or operators of any source required to
have an operating permit in accordance with 35 IAC 201 that is
permitted to emit 25 tons per year or more of any combination of
regulated air pollutants, excluding greenhouse gases. Illinois EPA
anticipates that the revised rule will avoid additional costs for small
businesses, small municipalities and not-for-profit corporations who
would otherwise be required to complete a long-form annual emissions
report absent the revised rule.
EPA finds that the revision to the applicability provisions of 35
IAC Part 254 as they relate to GHGs is acceptable.
III. What action is EPA taking today?
EPA is approving the revision to the Illinois SIP at 35 IAC Part
254, regarding GHGs as it relates to the annual emissions report.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective September 3,
2013 without further notice unless we receive relevant adverse written
comments by August 2, 2013. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment. If we do not receive any comments, this action will be
effective September 3, 2013.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
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 Clean Air Act.
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);
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
[[Page 40015]]
be inconsistent with the Clean Air Act; 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 3, 2013. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Emissions
Reporting, Incorporation by reference, Ozone, Volatile organic
compounds.
Dated: June 6, 2013.
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 52.720 is amended by adding paragraph (c)(196) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(196) On April 11, 2013, Illinois submitted a revision to 35 IAC
Part 254, Annual Emissions Report. The revision amends the
applicability provisions as they relate to greenhouse gases.
(i) Incorporation by reference.
Illinois Administrative Code Title 35: Environmental Protection,
Subtitle B: Air Pollution; Chapter II: Environmental Protection Agency;
Part 254: Annual Emission Report, Section 254.102: Applicability,
effective April 20, 2012.
[FR Doc. 2013-15611 Filed 7-2-13; 8:45 am]
BILLING CODE 6560-50-P
