Air Plan Approval; Illinois; State Board and Infrastructure SIP Requirements, 49671-49675 [2019-20129]
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Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations
contact information for obtaining a
copy.
V. What action is the EPA taking?
The EPA is ammending the Missouri
SIP by rescinding 10 CSR 10–5.450.
Approval of this revision will ensure
consistency between State and
federally-approved rules. The rescission
will not impact air quality as the State
rule is duplicative of the Federal rule.
VI. Incorporation by Reference
In this document, the EPA is
amending regulatory text that includes
incorporation by reference. As described
in the amendments to 40 CFR part 52 set
forth below, the EPA is removing
provisions of the EPA-Approved
Missouri Regulations from the Missouri
State Implementation Plan, which is
incorporated by reference in accordance
with the requirements of 1 CFR part 51.
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VII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
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• 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 the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; 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 the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 22, 2019. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
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49671
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: September 11, 2019.
Mike Brincks,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as set forth below:
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—AA Missouri
§ 52.1320
[Amended]
2. In § 52.1320, the table in paragraph
(c) is amended by removing the entry
‘‘10–5.450’’ under the heading ‘‘Chapter
5-Air Quality Standards and Air
Pollution Control Regulations for the St.
Louis Metropolitan Area’’.
■
[FR Doc. 2019–20320 Filed 9–20–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0043; FRL–9999–78–
Region 5]
Air Plan Approval; Illinois; State Board
and Infrastructure SIP Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Illinois state implementation plan
(SIP) addressing the state board
requirements under section 128 of the
Clean Air Act (CAA) and the related
infrastructure element for several
National Ambient Air Quality Standard
(NAAQS) infrastructure submissions.
The infrastructure requirements are
designed to ensure that the structural
components of each state’s air quality
management program are adequate to
meet the state’s responsibilities under
the CAA.
DATES: This final rule is effective on
October 23, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0043. All
SUMMARY:
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Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Sarah
Arra, Environmental Scientist, at (312)
886–9401 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Sarah Arra, Environmental Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–9401.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What is the background of this SIP
submission?
II. What is our response to comments
received on the proposed rulemaking?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
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I. What is the background of this SIP
submission?
Whenever EPA promulgates a new or
revised NAAQS, CAA section 110(a)(1)
requires states to make SIP submissions
to provide for the implementation,
maintenance, and enforcement of the
NAAQS. This type of SIP submission is
commonly referred to as an
‘‘infrastructure SIP.’’ This rulemaking
addresses a January 25, 2018,
submission from the Illinois
Environmental Protection Agency
(IEPA) addressing section 128
requirements and revisions to
infrastructure SIP submissions for the
2006 fine particulate matter (PM2.5),
2008 lead, 2008 ozone, 2010 nitrogen
dioxide (NO2), 2010 sulfur dioxide
(SO2), and 2012 PM2.5 NAAQS specific
to CAA section 110(a)(2)(E) (also known
as ‘‘element E’’). EPA is not acting on
the 2012 PM2.5 NAAQS infrastructure
revision in this rulemaking.
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II. What is our response to comments
received on the proposed rulemaking?
The proposed rulemaking associated
with this final action was published on
May 16, 2019 (84 FR 22082), and EPA
received one comment during the
comment period, which ended on June
17, 2019. A synopsis of the adverse
comment, as well as EPA’s response, is
discussed below.
Comment: The commenter suggests
that the proposed SIP revision is not
approvable because definitions of
several of the key terms are not located
anywhere in the Illinois Administrative
Code, specifically ‘‘significant portion of
income,’’ ‘‘represent the public
interest,’’ ‘‘adequately disclosed,’’
‘‘conflict of interest,’’ and ‘‘bias.’’ The
commenter also states that the text of
the new SIP provision does not specify
that it applies to the Pollution Control
Board or to the IEPA.
Response: EPA disagrees that this
action is not approvable for the reasons
stated in the comment. The language
that the state has adopted and that EPA
is approving into the Illinois SIP is
identical to the language in CAA section
128, and therefore meets the statutory
requirements. When appropriate, EPA
allows states to adopt identical language
from the CAA into a SIP for statutory
and regulatory requirements. EPA notes
that the CAA itself does not define the
terms noted by the commenter, and
therefore the meanings may depend
upon the specific facts and
circumstances of a given situation.
While EPA’s 1978 guidance for CAA
section 128 provides recommended
definitions, the guidance also specifies
that it does not create a requirement that
all SIPs must include EPA’s suggested
definitions for CAA section 128
verbatim, or that states must include
any such definitions in SIPs at all.1 The
legislative history of the 1977
amendments to the CAA also indicates
that states have some flexibility to
determine the specific provisions
needed to satisfy the requirements of
section 128, so long as the statutory
requirements are met, specifically, the
conference committee for the 1977
amendments stated that ‘‘it is the
responsibility of each state to determine
the specific requirements to meet the
general requirements of [section 128].’’ 2
EPA has previously approved SIP
provisions with requirements that
closely track or mirror the explicit
statutory language of CAA section 128
1 1978 Guidance, ‘‘Model Letter from Regional
Offices to States,’’ at 2–3.
2 H.R. Rep. 95–564 (1977), reprinted in Legislative
History of the Clean Air Act Amendments of 1977,
526–527 (1978).
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as meeting the requirements of CAA
section 128 into other states’ SIPs.3
The SIP revision language is also clear
that it applies to the Pollution Control
Board and IEPA because the added
language appears in the Illinois
Administrative Code under Title 35:
Environmental Protection, Subtitle A:
General Provisions, Chapter 1: Pollution
Control Board. Therefore, the ‘‘Board’’
referenced in the SIP revision is plainly
referring to IEPA’s Pollution Control
Board because that board is the subject
of the entire chapter. Thus, the Board is
a ‘‘board or body’’ within the meaning
of CAA section 128, and the state is
properly imposing requirements on the
Board through SIP provisions as
required by CAA section 110(a)(2)(E)(ii).
III. What action is EPA taking?
EPA is approving 35 Ill. Adm. Code
101.112(d) as satisfying the
requirements of CAA section 128. EPA
is also approving the infrastructure
element under CAA section
110(a)(2)(E)(ii) for the 2006 PM2.5, 2008
lead, 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS. Final approval of this
action will terminate the Federal
Implementation Plan Clock started for
the disapproval of CAA section
110(a)(2)(E)(ii) for the 2006 PM2.5 and
2008 ozone NAAQS (see 80 FR 51730
(Aug. 26, 2015)).
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Illinois regulations
described in the amendments to 40 CFR
part 52 set forth below. EPA has made,
and will continue to make, these
documents generally available through
www.regulations.gov, and at the EPA
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
Illinois SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.4
3 See also EPA proposed rule on South Dakota, 79
FR 71040, 71052, finalized at 80 FR 4799; and
Alabama, 83 FR 5594, finalized at 83 FR 31454.
4 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order
Reviews
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Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
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• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 22, 2019. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
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49673
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Sulfur oxides.
Dated: September 4, 2019.
Cheryl L Newton,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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:
a. In the table in paragraph (c), under
‘‘Chapter I: Pollution Control Board,’’ by
adding entries for ‘‘Part 101: General
Rules’’ before ‘‘Part 106: Procedural
Regulations’’; and
■ b. In the table in paragraph (e), under
the heading ‘‘Section 110(a)(2)
Infrastructure Requirements,’’ by
revising the entries for ‘‘2006 24-hour
PM2.5 NAAQS Infrastructure
Requirements’’, ‘‘2008 Lead NAAQS
Infrastructure Requirements’’, ‘‘2008
Ozone NAAQS Infrastructure
Requirements’’, ‘‘2010 NO2 NAAQS
Infrastructure Requirements’’, and
‘‘2010 SO2 NAAQS Infrastructure
Requirements’’.
The additions and revisions read as
follows:
■
■
§ 52.720
*
Identification of plan.
*
*
(c) * * *
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Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations
EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES
Illinois citation
Title/subject
*
*
101.112 ......................
*
*
*
*
EPA approval date
Comments
*
*
*
Part 101: General Rules—Subpart A: General Provisions
Bias and Conflict of
Interest.
*
*
State effective date
7/5/2017 .....................
*
*
9/23/2019, [Insert
Federal Register
citation].
*
*
*
Only paragraph (d).
*
*
*
(e) * * *
EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Name of SIP provision
*
Applicable
geographic or
nonattainment area
*
State submittal date
*
EPA approval date
*
Comments
*
*
*
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Section 110(a)(2) Infrastructure Requirements
*
2006 24-hour PM2.5
NAAQS Infrastructure Requirements.
*
Statewide ...................
*
*
*
08/09/11, supple9/23/2019, [Insert
mented on 08/25/
Federal Register
11, 06/27/12, and 7/
citation].
5/2017.
2008 Lead NAAQS Infrastructure Requirements.
Statewide ...................
12/31/12 and 7/5/2017
9/23/2019, [Insert
Federal Register
citation].
2008 Ozone NAAQS
Infrastructure Requirements.
Statewide ...................
12/31/12 and 7/5/2017
9/23/2019, [Insert
Federal Register
citation].
2010 NO2 NAAQS Infrastructure Requirements.
Statewide ...................
12/31/12 and 7/5/2017
9/23/2019, [Insert
Federal Register
citation].
2010 SO2 NAAQS Infrastructure Requirements.
Statewide ...................
12/31/12 and 7/5/2017
9/23/2019, [Insert
Federal Register
citation].
*
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*
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*
*
All CAA infrastructure elements under
110(a)(2) have been approved except
(D)(i)(I) [Prongs 1 and 2], (D)(ii), and the
PSD portions of (C), (D)(i)(II) [Prong 3],
and (J), which have been disapproved.
The disapproved elements have Federal
Implementation Plans (FIP) in place and
no further action is needed.
All CAA infrastructure elements under
110(a)(2) have been approved except
(D)(ii), and the PSD portions of (C),
(D)(i)(II) [Prong 3], and (J), which have
been disapproved. The disapproved elements have Federal Implementation Plans
(FIP) in place and no further action is
needed.
All CAA infrastructure elements under
110(a)(2) have been approved except
(D)(i)(I) [Prongs 1 and 2], (D)(ii), and the
PSD portions of (C), (D)(i)(II) [Prong 3],
and (J), which have been disapproved.
The disapproved elements have Federal
Implementation Plans (FIP) in place and
no further action is needed.
All CAA infrastructure elements under
110(a)(2) have been approved except
(D)(ii), and the PSD portions of (C),
(D)(i)(II) [Prong 3], and (J), which have
been disapproved. The disapproved elements have Federal Implementation Plans
(FIP) in place and no further action is
needed.
All CAA infrastructure elements under
110(a)(2) have been approved except
(D)(ii), and the PSD portions of (C),
(D)(i)(II) [Prong 3], and (J), which have
been disapproved, and (D)(i)(I) [Prongs 1
and 2], which have not yet been submitted. The disapproved elements have
Federal Implementation Plans (FIP) in
place and no further action is needed.
*
Sfmt 4700
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Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations
[FR Doc. 2019–20129 Filed 9–20–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1983–0002; FRL–9999–
95–Region 6]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the South Valley Superfund
Site
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 6 announces the
deletion of Operable Units 1, 2, and 5
of the South Valley Superfund Site
(Site) located in Albuquerque, New
Mexico, from the National Priorities List
(NPL). The NPL, promulgated pursuant
to Section 105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an
appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This partial
deletion pertains to Operable Units 1, 2,
and 5. Operable Units 3, 4, and 6 will
remain on the NPL and are not being
considered for deletion as part of this
action. The EPA and the State of New
Mexico, through the New Mexico
Environment Department, have
determined that all appropriate
response actions under CERCLA, other
than operation and maintenance and
five-year reviews, have been completed.
However, this partial deletion does not
preclude future actions under
Superfund.
DATES: This action is effective
September 23, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–HQ–SFUND–
1983–0002. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
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SUMMARY:
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material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the site information repositories.
Locations, contacts, phone numbers and
viewing hours are:
Zimmerman Library, Government
Information Department University of
New Mexico, Albuquerque NM 87131,
505.277.9100, Monday–Thursday—7
a.m.– 2 a.m., Friday—7 a.m.–9 p.m.,
Saturday—10 a.m.–6 p.m., Sunday—
12 p.m.–2 a.m.
New Mexico Environment Department,
Harold Runnels Building, 1190 St.
Francis Drive, Santa Fe, NM 87505,
505.827.2855, Monday–Friday 8 a.m.–
5 p.m.
FOR FURTHER INFORMATION CONTACT:
Michael A. Hebert, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 6, Mailcode—SEDRL,
1201 Elm Street, Dallas, Texas 75270–
2102, 214–665–8315, email:
hebert.michael@epa.gov.
SUPPLEMENTARY INFORMATION: The
portion of the site to be deleted from the
NPL is: Operable Units 1, 2, and 5 of the
South Valley Superfund Site,
Albuquerque, New Mexico. A Notice of
Intent for Partial Deletion for this Site
was published in the Federal Register
(83 FR 36838) on July 31, 2018.
The closing date for comments on the
Notice of Intent for Partial Deletion was
August 30, 2018. Based upon comments,
the EPA conducted an informational
meeting on December 11, 2018, in
Albuquerque, New Mexico, to provide
information to the public concerning the
proposed partial deletion. Subsequently,
the EPA reopened the public comment
period published in the Federal
Register (84 FR 33721) on July 15, 2019.
The closing date for comments from the
reopened comment period was August
14, 2019. All comments received since
the July 31, 2018, Notice of Intent for
Partial Deletion were considered by the
EPA. Thirty-four comments, generally
addressing the partial deletion process,
were received during two public
comment periods. The comments did
not contain information indicating that
the response actions for Operable Units
1, 2, and 5 did not meet the Site remedy
decision requirements, or that these
portions of the Site do not otherwise
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
49675
satisfy EPA criteria for partial deletion
(included in Section 300.425(e) of the
NCP and consistent with the Notice of
Policy Change: Partial Deletion of Sites
Listed on the NPL, 60 FR 55466 (Nov.
1, 1995)). Therefore, the EPA has
determined that Operable Units 1, 2,
and 5, will be deleted from the National
Priorities List. A responsiveness
summary was prepared and placed in
both the docket, EPA–HQ–SFUND–
1983–0002, on www.regulations.gov,
and in the local repositories listed
above.
EPA maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Deletion of a site from the
NPL does not preclude further remedial
action. Whenever there is a significant
release from a site deleted from the NPL,
the deleted site may be restored to the
NPL without application of the hazard
ranking system. Deletion of portions of
a site from the NPL does not affect
responsible party liability, in the
unlikely event that future conditions
warrant further actions.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: September 10, 2019.
Ken McQueen,
Regional Administrator, Region 6.
For reasons set out in the preamble,
40 CFR part 300 is amended as follows:
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
2. Table 1 of appendix B to part 300
is amended by revising the entry for
‘‘NM, South Valley’’ to read as follows:
■
Appendix B to Part 300—National
Priorities List
E:\FR\FM\23SER1.SGM
23SER1
]]>Agencies
[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49671-49675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20129]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0043; FRL-9999-78-Region 5]
Air Plan Approval; Illinois; State Board and Infrastructure SIP
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Illinois state implementation plan (SIP) addressing
the state board requirements under section 128 of the Clean Air Act
(CAA) and the related infrastructure element for several National
Ambient Air Quality Standard (NAAQS) infrastructure submissions. The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA.
DATES: This final rule is effective on October 23, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0043. All
[[Page 49672]]
documents in the docket are listed on the www.regulations.gov website.
Although listed in the index, some information is not publicly
available, i.e., Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either through
www.regulations.gov or at the Environmental Protection Agency, Region
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding Federal holidays. We recommend that
you telephone Sarah Arra, Environmental Scientist, at (312) 886-9401
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-9401.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is the background of this SIP submission?
II. What is our response to comments received on the proposed
rulemaking?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background of this SIP submission?
Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This type of
SIP submission is commonly referred to as an ``infrastructure SIP.''
This rulemaking addresses a January 25, 2018, submission from the
Illinois Environmental Protection Agency (IEPA) addressing section 128
requirements and revisions to infrastructure SIP submissions for the
2006 fine particulate matter (PM2.5), 2008 lead, 2008 ozone,
2010 nitrogen dioxide (NO2), 2010 sulfur dioxide
(SO2), and 2012 PM2.5 NAAQS specific to CAA
section 110(a)(2)(E) (also known as ``element E''). EPA is not acting
on the 2012 PM2.5 NAAQS infrastructure revision in this
rulemaking.
II. What is our response to comments received on the proposed
rulemaking?
The proposed rulemaking associated with this final action was
published on May 16, 2019 (84 FR 22082), and EPA received one comment
during the comment period, which ended on June 17, 2019. A synopsis of
the adverse comment, as well as EPA's response, is discussed below.
Comment: The commenter suggests that the proposed SIP revision is
not approvable because definitions of several of the key terms are not
located anywhere in the Illinois Administrative Code, specifically
``significant portion of income,'' ``represent the public interest,''
``adequately disclosed,'' ``conflict of interest,'' and ``bias.'' The
commenter also states that the text of the new SIP provision does not
specify that it applies to the Pollution Control Board or to the IEPA.
Response: EPA disagrees that this action is not approvable for the
reasons stated in the comment. The language that the state has adopted
and that EPA is approving into the Illinois SIP is identical to the
language in CAA section 128, and therefore meets the statutory
requirements. When appropriate, EPA allows states to adopt identical
language from the CAA into a SIP for statutory and regulatory
requirements. EPA notes that the CAA itself does not define the terms
noted by the commenter, and therefore the meanings may depend upon the
specific facts and circumstances of a given situation. While EPA's 1978
guidance for CAA section 128 provides recommended definitions, the
guidance also specifies that it does not create a requirement that all
SIPs must include EPA's suggested definitions for CAA section 128
verbatim, or that states must include any such definitions in SIPs at
all.\1\ The legislative history of the 1977 amendments to the CAA also
indicates that states have some flexibility to determine the specific
provisions needed to satisfy the requirements of section 128, so long
as the statutory requirements are met, specifically, the conference
committee for the 1977 amendments stated that ``it is the
responsibility of each state to determine the specific requirements to
meet the general requirements of [section 128].'' \2\ EPA has
previously approved SIP provisions with requirements that closely track
or mirror the explicit statutory language of CAA section 128 as meeting
the requirements of CAA section 128 into other states' SIPs.\3\
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\1\ 1978 Guidance, ``Model Letter from Regional Offices to
States,'' at 2-3.
\2\ H.R. Rep. 95-564 (1977), reprinted in Legislative History of
the Clean Air Act Amendments of 1977, 526-527 (1978).
\3\ See also EPA proposed rule on South Dakota, 79 FR 71040,
71052, finalized at 80 FR 4799; and Alabama, 83 FR 5594, finalized
at 83 FR 31454.
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The SIP revision language is also clear that it applies to the
Pollution Control Board and IEPA because the added language appears in
the Illinois Administrative Code under Title 35: Environmental
Protection, Subtitle A: General Provisions, Chapter 1: Pollution
Control Board. Therefore, the ``Board'' referenced in the SIP revision
is plainly referring to IEPA's Pollution Control Board because that
board is the subject of the entire chapter. Thus, the Board is a
``board or body'' within the meaning of CAA section 128, and the state
is properly imposing requirements on the Board through SIP provisions
as required by CAA section 110(a)(2)(E)(ii).
III. What action is EPA taking?
EPA is approving 35 Ill. Adm. Code 101.112(d) as satisfying the
requirements of CAA section 128. EPA is also approving the
infrastructure element under CAA section 110(a)(2)(E)(ii) for the 2006
PM2.5, 2008 lead, 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS. Final approval of this action will terminate the
Federal Implementation Plan Clock started for the disapproval of CAA
section 110(a)(2)(E)(ii) for the 2006 PM2.5 and 2008 ozone
NAAQS (see 80 FR 51730 (Aug. 26, 2015)).
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Illinois
regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov, and at the EPA Region
5 Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the Illinois SIP, have been incorporated by reference by EPA into that
plan, are fully federally enforceable under sections 110 and 113 of the
CAA as of the effective date of the final rulemaking of EPA's approval,
and will be incorporated by reference in the next update to the SIP
compilation.\4\
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\4\ 62 FR 27968 (May 22, 1997).
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[[Page 49673]]
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 22, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Sulfur oxides.
Dated: September 4, 2019.
Cheryl L Newton,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.720 is amended:
0
a. In the table in paragraph (c), under ``Chapter I: Pollution Control
Board,'' by adding entries for ``Part 101: General Rules'' before
``Part 106: Procedural Regulations''; and
0
b. In the table in paragraph (e), under the heading ``Section 110(a)(2)
Infrastructure Requirements,'' by revising the entries for ``2006 24-
hour PM2.5 NAAQS Infrastructure Requirements'', ``2008 Lead
NAAQS Infrastructure Requirements'', ``2008 Ozone NAAQS Infrastructure
Requirements'', ``2010 NO2 NAAQS Infrastructure
Requirements'', and ``2010 SO2 NAAQS Infrastructure
Requirements''.
The additions and revisions read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
[[Page 49674]]
EPA-Approved Illinois Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State effective
Illinois citation Title/subject date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part 101: General Rules--Subpart A: General Provisions
----------------------------------------------------------------------------------------------------------------
101.112........................ Bias and Conflict 7/5/2017......... 9/23/2019, Only paragraph (d).
of Interest. [Insert Federal
Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or State submittal
Name of SIP provision nonattainment date EPA approval date Comments
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2) Infrastructure Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2006 24-hour PM2.5 NAAQS Statewide........ 08/09/11, 9/23/2019, All CAA infrastructure
Infrastructure Requirements. supplemented on [Insert Federal elements under
08/25/11, 06/27/ Register 110(a)(2) have been
12, and 7/5/2017. citation]. approved except
(D)(i)(I) [Prongs 1
and 2], (D)(ii), and
the PSD portions of
(C), (D)(i)(II)
[Prong 3], and (J),
which have been
disapproved. The
disapproved elements
have Federal
Implementation Plans
(FIP) in place and no
further action is
needed.
2008 Lead NAAQS Infrastructure Statewide........ 12/31/12 and 7/5/ 9/23/2019, All CAA infrastructure
Requirements. 2017. [Insert Federal elements under
Register 110(a)(2) have been
citation]. approved except
(D)(ii), and the PSD
portions of (C),
(D)(i)(II) [Prong 3],
and (J), which have
been disapproved. The
disapproved elements
have Federal
Implementation Plans
(FIP) in place and no
further action is
needed.
2008 Ozone NAAQS Infrastructure Statewide........ 12/31/12 and 7/5/ 9/23/2019, All CAA infrastructure
Requirements. 2017. [Insert Federal elements under
Register 110(a)(2) have been
citation]. approved except
(D)(i)(I) [Prongs 1
and 2], (D)(ii), and
the PSD portions of
(C), (D)(i)(II)
[Prong 3], and (J),
which have been
disapproved. The
disapproved elements
have Federal
Implementation Plans
(FIP) in place and no
further action is
needed.
2010 NO2 NAAQS Infrastructure Statewide........ 12/31/12 and 7/5/ 9/23/2019, All CAA infrastructure
Requirements. 2017. [Insert Federal elements under
Register 110(a)(2) have been
citation]. approved except
(D)(ii), and the PSD
portions of (C),
(D)(i)(II) [Prong 3],
and (J), which have
been disapproved. The
disapproved elements
have Federal
Implementation Plans
(FIP) in place and no
further action is
needed.
2010 SO2 NAAQS Infrastructure Statewide........ 12/31/12 and 7/5/ 9/23/2019, All CAA infrastructure
Requirements. 2017. [Insert Federal elements under
Register 110(a)(2) have been
citation]. approved except
(D)(ii), and the PSD
portions of (C),
(D)(i)(II) [Prong 3],
and (J), which have
been disapproved, and
(D)(i)(I) [Prongs 1
and 2], which have
not yet been
submitted. The
disapproved elements
have Federal
Implementation Plans
(FIP) in place and no
further action is
needed.
* * * * * * *
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[[Page 49675]]
[FR Doc. 2019-20129 Filed 9-20-19; 8:45 am]
BILLING CODE 6560-50-P
