Illinois; Disapproval of State Board Infrastructure SIP Requirements for the 2006 PM2., 33458-33460 [2015-14348]
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Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0805; EPA–R05–
OAR–2011–0969; FRL–9928–55–Region 5]
Illinois; Disapproval of State Board
Infrastructure SIP Requirements for
the 2006 PM2.5 and 2008 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to
disapprove an element of State
Implementation Plan (SIP) submissions
from Illinois regarding the infrastructure
requirements of section 110 of the Clean
Air Act (CAA) for the 2006 fine
particulate matter (PM2.5) and 2008
ozone National Ambient Air Quality
Standards (NAAQS). The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA. This
action pertains specifically to
infrastructure requirements concerning
state board requirements.
DATES: Comments must be received on
or before July 13, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2009–0805 (2006 PM2.5
infrastructure elements) and EPA–R05–
OAR–2011–0969 (2008 ozone
infrastructure elements) by one of the
following methods:
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–2009–0805
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SUMMARY:
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(2006 PM2.5 infrastructure elements) and
EPA–R05–OAR–2011–0969 (2008 ozone
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,
PO 00000
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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 August 9,
2011, and December 31, 2012,
submissions from the Illinois
Environmental Protection Agency
(Illinois EPA) intended to address all
applicable infrastructure requirements
for the 2006 PM2.5 and 2008 ozone
NAAQS.
The requirement for states to make a
SIP submission of this type arises out of
CAA section 110(a)(1). Pursuant to
section 110(a)(1), states must make SIP
submissions ‘‘within 3 years (or such
shorter period as the Administrator may
prescribe) after the promulgation of a
national primary ambient air quality
standard (or any revision thereof),’’ and
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Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Proposed Rules
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 section
110(a)(2)(E)(ii) requirement of these
submittals. The majority of the other
infrastructure elements were approved
October 29, 2012 (77 FR 65478) and
October 16, 2014 (79 FR 62042),
rulemakings.
srobinson on DSK5SPTVN1PROD with PROPOSALS
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 2006 PM2.5
and 2008 ozone 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. Illinois EPA provided
public comment opportunities on both
submittals. 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 2006 PM2.5 and
2008 ozone NAAQS, as applicable. The
following review only evaluates the
state’s submissions for CAA section
110(a)(2)(E)(ii) requirements.
Section 110(a)(2)(E)(ii)—Compliance
With State Board Requirements of
Section 128
Section 110(a)(2)(E)(ii) requires each
SIP to contain provisions that comply
with the state board requirements of
section 128 of the CAA. That provision
contains two explicit requirements: (1)
That any board or body which approves
permits or enforcement orders under
this chapter 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 this chapter,
and (2) that any potential conflicts of
interest by members of such board or
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body or the head of an executive agency
with similar powers be adequately
disclosed. The 2013 Memo specifies that
the provisions that implement CAA
section 128 would need to be contained
within the SIP. ‘‘EPA would not
approve an infrastructure SIP
submission that only provides a
narrative description of existing air
agency laws, rules, and regulations that
are not approved into the SIP to address
CAA section 128 requirements.’’ 2013
Memo at 42.
After reviewing Illinois’ SIP, EPA has
made the preliminary determination
that it does not contain provisions to
comply with section 128 of the CAA,
and thus Illinois’ August 9, 2011, and
December 31, 2012, infrastructure SIP
submissions do not meet the
requirements of the CAA. While Illinois
has state statutes that may address, in
whole or in part, requirements related to
state boards at the state level, these
provisions are not included in the SIP
as required by the CAA. Based on an
evaluation of the Federally-approved
Illinois SIP, EPA is proposing to
disapprove Illinois’ infrastructure SIP
submission in regards to meeting the
requirements of section 110(a)(2)(E)(ii)
of the CAA for the 2006 PM2.5 and 2008
ozone NAAQS.
IV. What action is EPA taking?
EPA is proposing to disapprove a
portion of submissions from Illinois
certifying that its current SIP is
sufficient to meet the required
infrastructure element under CAA
section 110(a)(2)(E)(ii) for the 2006
PM2.5 and 2008 ozone NAAQS.
V. Statutory and Executive Order
Reviews
Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’
and, therefore, is not subject to review
by the Office of Management and
Budget.
Paperwork Reduction Act
This proposed rule does not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Regulatory Flexibility Act
This action merely proposes to
disapprove state law as not meeting
Federal requirements and imposes no
additional requirements beyond those
imposed by state law. Accordingly, the
Administrator certifies that this
proposed rule will not have a significant
PO 00000
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33459
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
Unfunded Mandates Reform Act
Because this rulemaking proposes to
disapprove pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
Executive Order 13132: Federalism
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
states, on the relationship between the
national government and the states, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
proposes to disapprove a state rule, and
does not alter the relationship or the
distribution of power and
responsibilities established in the CAA.
Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This rulemaking also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it proposes to
disapprove a state rule.
Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 or a ‘‘significant energy
action,’’ this action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
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33460
Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Proposed Rules
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
National Technology Transfer
Advancement Act
In reviewing state submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
state to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a state submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a state
submission, to use VCS in place of a
state submission that otherwise satisfies
the provisions of the CAA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements.
Dated: May 19, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015–14348 Filed 6–11–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0915; FRL–9928–87–
Region 4]
Approval and Promulgation of
Implementation Plans; South Carolina;
Charlotte-Rock Hill; Base Year
Emissions Inventory and Emissions
Statements Requirements for the 2008
8-Hour Ozone Standard
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
the portions of the state implementation
plan (SIP) revisions submitted by the
State of South Carolina, through South
Carolina Department of Health and
Environmental Control on August 8,
2014, and August 22, 2014, that address
the base year emissions inventory and
emissions statements requirements for
the State’s portion of the bi-state
Charlotte-Gastonia-Rock Hill North
Carolina-South Carolina 2008 8-hour
ozone national ambient air quality
srobinson on DSK5SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
17:51 Jun 11, 2015
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standards (NAAQS) nonattainment area.
Annual emissions reporting (i.e.,
emissions statements) and a base year
emissions inventory are required for all
ozone nonattainment areas. The Area is
comprised of the entire county of
Mecklenburg and a portion of Cabarrus,
Gaston, Lincoln, Rowan, Union
Counties in North Carolina and a
portion of York County in South
Carolina. EPA has published proposed
and direct final actions on the emissions
inventory and emissions statements
requirements for the North Carolina
portion of the bi-state Charlotte Area in
separate rulemaking documents.
DATES: Written comments must be
received on or before July 13, 2015
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2014–0915 by one of the following
methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4–ARMS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2014–
0915,’’ Air Regulatory Management
Section (formerly the Regulatory
Development Section), Air Planning and
Implementation Branch (formerly the
Air Planning Branch), Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms. Bell
can be reached at (404) 562–9088 and
via electronic mail at bell.tiereny@
epa.gov.
PO 00000
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For
additional information see the direct
final rule which is published in the
Rules Section of this Federal Register.
A detailed rationale for the approval is
set forth in the direct final rule. If no
adverse comments are received in
response to this rule, no further activity
is contemplated. If EPA receives adverse
comments, the direct final rule will be
withdrawn and all comments received
will be addressed in a subsequent final
rule based on this proposed rule. EPA
will not institute a second comment
period on this document. Any parties
interested in commenting on this
document should do so at this time.
SUPPLEMENTARY INFORMATION:
Dated: May 28, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015–14346 Filed 6–11–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2013–0369; FRL–9922–39–
OAR]
RIN 2060–AS44
Protection of Stratospheric Ozone: The
2016 Critical Use Exemption From the
Phaseout of Methyl Bromide
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing uses that
qualify for the critical use exemption
and the amount of methyl bromide that
may be produced or imported for those
uses for the 2016 control period. EPA is
proposing this action under the
authority of the Clean Air Act to reflect
consensus decisions of the Parties to the
Montreal Protocol on Substances that
Deplete the Ozone Layer at the TwentySixth Meeting of the Parties in
November 2014.
DATES: Comments must be received on
or before July 13, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2013–0369, to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn. The 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
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Proposed Rules]
[Pages 33458-33460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14348]
[[Page 33458]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0805; EPA-R05-OAR-2011-0969; FRL-9928-55-Region 5]
Illinois; Disapproval of State Board Infrastructure SIP
Requirements for the 2006 PM[bdi2].[bdi5] and 2008 Ozone
NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
disapprove an element of State Implementation Plan (SIP) submissions
from Illinois regarding the infrastructure requirements of section 110
of the Clean Air Act (CAA) for the 2006 fine particulate matter
(PM2.5) and 2008 ozone National Ambient Air Quality
Standards (NAAQS). The infrastructure requirements are designed to
ensure that the structural components of each state's air quality
management program are adequate to meet the state's responsibilities
under the CAA. This action pertains specifically to infrastructure
requirements concerning state board requirements.
DATES: Comments must be received on or before July 13, 2015.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0805 (2006 PM2.5 infrastructure elements) and EPA-
R05-OAR-2011-0969 (2008 ozone infrastructure elements) by one of the
following methods:
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-2009-
0805 (2006 PM2.5 infrastructure elements) and EPA-R05-OAR-
2011-0969 (2008 ozone 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 August 9, 2011, and December 31, 2012,
submissions from the Illinois Environmental Protection Agency (Illinois
EPA) intended to address all applicable infrastructure requirements for
the 2006 PM2.5 and 2008 ozone NAAQS.
The requirement for states to make a SIP submission of this type
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1),
states must make SIP submissions ``within 3 years (or such shorter
period as the Administrator may prescribe) after the promulgation of a
national primary ambient air quality standard (or any revision
thereof),'' and
[[Page 33459]]
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 section
110(a)(2)(E)(ii) requirement of these submittals. The majority of the
other infrastructure elements were approved October 29, 2012 (77 FR
65478) and October 16, 2014 (79 FR 62042), rulemakings.
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
2006 PM2.5 and 2008 ozone 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. Illinois EPA provided public comment opportunities on both
submittals. 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 2006 PM2.5 and 2008 ozone NAAQS,
as applicable. The following review only evaluates the state's
submissions for CAA section 110(a)(2)(E)(ii) requirements.
Section 110(a)(2)(E)(ii)--Compliance With State Board Requirements of
Section 128
Section 110(a)(2)(E)(ii) requires each SIP to contain provisions
that comply with the state board requirements of section 128 of the
CAA. That provision contains two explicit requirements: (1) That any
board or body which approves permits or enforcement orders under this
chapter 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
this chapter, and (2) 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. The 2013 Memo specifies that
the provisions that implement CAA section 128 would need to be
contained within the SIP. ``EPA would not approve an infrastructure SIP
submission that only provides a narrative description of existing air
agency laws, rules, and regulations that are not approved into the SIP
to address CAA section 128 requirements.'' 2013 Memo at 42.
After reviewing Illinois' SIP, EPA has made the preliminary
determination that it does not contain provisions to comply with
section 128 of the CAA, and thus Illinois' August 9, 2011, and December
31, 2012, infrastructure SIP submissions do not meet the requirements
of the CAA. While Illinois has state statutes that may address, in
whole or in part, requirements related to state boards at the state
level, these provisions are not included in the SIP as required by the
CAA. Based on an evaluation of the Federally-approved Illinois SIP, EPA
is proposing to disapprove Illinois' infrastructure SIP submission in
regards to meeting the requirements of section 110(a)(2)(E)(ii) of the
CAA for the 2006 PM2.5 and 2008 ozone NAAQS.
IV. What action is EPA taking?
EPA is proposing to disapprove a portion of submissions from
Illinois certifying that its current SIP is sufficient to meet the
required infrastructure element under CAA section 110(a)(2)(E)(ii) for
the 2006 PM2.5 and 2008 ozone NAAQS.
V. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.
Paperwork Reduction Act
This proposed rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
Regulatory Flexibility Act
This action merely proposes to disapprove state law as not meeting
Federal requirements and imposes no additional requirements beyond
those imposed by state law. Accordingly, the Administrator certifies
that this proposed rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
Because this rulemaking proposes to disapprove pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely proposes to disapprove a state rule, and
does not alter the relationship or the distribution of power and
responsibilities established in the CAA.
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rulemaking also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it proposes to
disapprove a state rule.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply,
[[Page 33460]]
Distribution, or Use'' (66 FR 28355, May 22, 2001).
National Technology Transfer Advancement Act
In reviewing state submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the state
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a state submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a state
submission, to use VCS in place of a state submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements.
Dated: May 19, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-14348 Filed 6-11-15; 8:45 am]
BILLING CODE 6560-50-P
