Air Plan Approval; Illinois; Emissions Reduction Market System Sunsetting, 63804-63806 [2019-24938]
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Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Rules and Regulations
equity interest, a put, a stock or equity
interest subject to risk of forfeiture, and
a contract to acquire or sell stock or an
equity interest.
(3) Neither section 318(a)(4), nor
§ 1.958–2(e) or the principles thereof,
applies to treat a person that has an
option to acquire stock or an equity
interest, or an interest similar to such an
option, as owning the stock or equity
interest if a principal purpose for the
use of the option or similar interest is
to treat a person as a related person with
respect to a controlled foreign
corporation under this paragraph (f). For
purposes of this paragraph
(f)(2)(iv)(B)(3), an interest that is similar
to an option to acquire stock or an
equity interest includes, but is not
limited to, a warrant, a convertible debt
instrument, an instrument other than
debt that is convertible into stock or an
equity interest, a put, a stock or equity
interest subject to risk of forfeiture, and
a contract to acquire or sell stock or an
equity interest.
(3) Applicability dates—(i) General
rule. Except as otherwise provided in
this paragraph (f)(3), paragraph (f)(2)(iv)
of this section applies to taxable years
of controlled foreign corporations
ending on or after November 19, 2019,
and taxable years of United States
shareholders in which or with which
such taxable years end.
(ii) Option rule in paragraph
(f)(2)(iv)(B)(2) of this section. Paragraph
(f)(2)(iv)(B)(2) of this section applies to
taxable years of controlled foreign
corporations beginning after December
31, 2006, and ending before November
19, 2019, and taxable years of United
States shareholders in which or with
which such taxable years end.
(iii) Anti-abuse rule. Paragraphs
(f)(2)(iv)(B)(1) and (3) of this section
apply to taxable years of controlled
foreign corporations ending on or after
May 17, 2019, and to taxable years of
United States shareholders in which or
with which such taxable years end, with
respect to amounts that are received or
accrued by a controlled foreign
corporation on or after May 17, 2019 to
the extent the amounts are received or
accrued in advance of the period to
which such amounts are attributable
with a principal purpose of avoiding the
application of paragraph (f)(2)(iv)(B)(1)
or (3) of this section with respect to
such amounts.
*
*
*
*
*
■ Par. 4. Section 1.954–2 is amended
by:
■ 1. Revising paragraphs (c)(2)(iii)(B)
and (c)(2)(iv)(A).
■ 2. Revising the heading of paragraph
(i).
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3. Redesignating paragraph (i)(2) as
paragraph (i)(3).
■ 4. Adding new paragraph (i)(2).
The revisions and addition read as
follows:
■
§ 1.954–2 Foreign personal holding
company income.
*
*
*
*
*
(c) * * *
(2) * * *
(iii) * * *
(B) Deductions for amounts (including
rents and royalties) paid or incurred by
the lessor for the right to use the
property (or a component thereof) that
generated the rental income;
*
*
*
*
*
(iv) * * *
(A) Amounts (including rents and
royalties) paid or incurred by the lessor
for the right to use the property (or a
component thereof) that generated the
rental income;
*
*
*
*
*
(i) Applicability dates.* * *
(2) Paragraphs (c)(2)(iii)(B) and
(c)(2)(iv)(A) of this section. Paragraphs
(c)(2)(iii)(B) and (c)(2)(iv)(A) of this
section apply for taxable years of
controlled foreign corporations ending
on or after November 19, 2019, and for
the taxable years of United States
shareholders in which or with which
such taxable years end.
*
*
*
*
*
Par. 5. Section 1.958–2 is amended by
revising paragraph (d)(1) introductory
text and the first sentence of paragraph
(e) and adding paragraph (h) to read as
follows:
■
§ 1.958–2
stock.
Constructive ownership of
*
*
*
*
*
(d) * * *
(1) * * * Except as otherwise
provided in paragraph (d)(2) of this
section and § 1.954–1(f)—
*
*
*
*
*
(e) * * * Except as otherwise
provided in § 1.954–1(f), if any person
has an option to acquire stock, such
stock shall be considered as owned by
such person. * * *
*
*
*
*
*
(h) Applicability date. Paragraphs
(d)(1) and (e) of this section apply for
taxable years of controlled foreign
corporations ending on or after
November 19, 2019, and for the taxable
years of United States shareholders in
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which or with which such taxable years
end.
*
*
*
*
*
Sunita Lough,
Deputy Commissioner for Services and
Enforcement.
Approved: October 28, 2019.
David J. Kautter,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2019–24985 Filed 11–18–19; 8:45 am]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2019–0032; FRL–10002–
26–Region 5]
Air Plan Approval; Illinois; Emissions
Reduction Market System Sunsetting
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the Illinois Environmental
Protection Agency (Illinois EPA) on
January 11, 2019, concerning the State’s
Emissions Reduction Market System
(ERMS) program for the Chicago ozone
nonattainment area (NAA) in Illinois.
The revision sunsets the ERMS program
and removes 35 Illinois Administrative
Code (35 IAC) Part 205, from the SIP as
the ERMS program is no longer effective
in providing additional emissions
reductions or environmental benefit.
The submittal includes a demonstration
under section 110(l) of the Clean Air Act
(CAA) that addresses emission impacts
associated with the sunsetting of the
program.
SUMMARY:
This final rule is effective on
December 19, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2019–0032. All
documents in the docket are listed in
the https://www.regulations.gov website.
Publicly available docket materials may
be obtained either from https://
www.regulations.gov, or from the person
identified in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Francisco J. Acevedo, Mobile Source
Program Manager, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
DATES:
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Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
Chicago, Illinois 60604, (312) 886–6061,
acevedo.francisco@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. What is being addressed by this
document?
The ERMS program was originally
implemented in Illinois as a cap-andtrade program designed to reduce the
emissions of volatile organic
compounds (VOC 1) in the Chicago
ozone NAA below the levels required by
reasonably available control technology
(RACT) and other regulations. The
program was intended to achieve
additional emission reductions needed
for the post-1999 ozone Rate of Progress
(ROP) plan for the now-revoked 1979 1hour ozone standard, while providing
sources with more flexibility than is
typically present in other regulations.
The ERMS program was adopted by
Illinois in 1997 and approved as part of
the Illinois SIP by EPA on October 15,
2001 (66 FR 52343). The program was
amended in 2005 and approved by EPA
on July 7, 2008 (73 FR 38328).
Illinois has achieved all the
reductions needed under the ROP plan
for the Chicago NAA, and is now
terminating the ERMS program, as it is
no longer effective in providing
environmental benefit. Since the
implementation of ERMS in 2000, actual
emissions from sources in ERMS have
continued to decrease. These emissions
reductions are due to various factors,
including the shutdown of the original
affected sources. New sources and
emission units that have become subject
to ERMS do not emit at the rate of these
older, shut down sources. Additionally,
as discussed in EPA’s proposal, several
State and Federal regulations addressing
VOC emissions have been promulgated
since ERMS began, resulting in a
significant decline in both allowable
and actual emissions. As part of their
SIP submittal, Illinois EPA requested
EPA’s approval of the State’s action to
sunset the ERMS program as of April 30,
2018, which would therefore allow EPA
to remove 35 IAC Part 205 provisions
from the SIP. Illinois EPA submitted an
anti-backsliding analysis in accordance
with section 110(l) of the CAA to
demonstrate that the discontinuation of
the ERMS program as of April 30, 2018
will not interfere with attainment or
1 Illinois uses the term ‘‘Volatile Organic
Material’’ (VOM) rather than VOC. The State’s
definition of VOM is equivalent to EPA’s definition
of VOC at 40 CFR 51.100. The two terms are
interchangeable when discussing volatile organic
emissions. For consistency with the CAA and EPA
policy, this rulemaking uses the term VOC.
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15:51 Nov 18, 2019
Jkt 250001
maintenance of the ozone NAAQS in
the Chicago NAA.
II. What comments did we receive on
the proposed SIP revision?
Our August 19, 2019 proposed rule
provided a 30-day comment period (84
FR 42872). The comment period closed
on September 19, 2019. EPA received
one comment during the public
comment period. The comment
supported EPA’s proposed action to
allow the ERMS sunset in Illinois’ SIP
and encouraged EPA to make the SIP
revision effective as soon as possible.
III. What action is EPA taking?
EPA is approving the revision to the
Illinois SIP submitted by the Illinois
EPA on January 11, 2019, because the
sunset of Illinois’ ERMS program in the
SIP meets all applicable requirements
and would not interfere with reasonable
further progress or attainment of the
ozone NAAQS. As a result, EPA is
removing the ERMS provisions (35 IAC
Part 205) from the SIP.
IV. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. As described
in the amendments to 40 CFR part 52 set
forth below, EPA is removing provisions
of the EPA-Approved Illinois
Regulations and Statutes from the
Illinois SIP, which is incorporated by
reference in accordance with the
requirements of 1 CFR part 51. EPA has
made, and will continue to make the SIP
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).
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);
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63805
• Is not expected to be an Executive
Order 13771 (82 FR 9339, February 2,
2017) regulatory action because this
action is not significant 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
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63806
Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Rules and Regulations
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 January 21, 2020. 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) of the CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Volatile organic compounds.
Dated: November 6, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, 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 O—Illinois
§ 52.720
[Amended]
2. In § 52.720, the table in paragraph
(c) is amended by removing the
undesignated headings ‘‘Subchapter b:
Alternative Reduction Program’’ and
‘‘Part 205: Emissions Reduction Market
System’’ and all the undesignated
subheadings and entries up to and
including the entry ‘‘205.760’’.
■
[FR Doc. 2019–24938 Filed 11–18–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
khammond on DSKJM1Z7X2PROD with RULES
40 CFR Part 52
[EPA–R05–OAR–2019–0216; FRL–10002–
25–Region 5]
Air Plan Approval; Ohio; Second
Limited Maintenance Plans for 1997
Ozone NAAQS
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Final rule.
Pursuant to the Clean Air Act
(CAA), the Environmental Protection
Agency (EPA) is approving as a revision
to the Ohio State Implementation Plan
(SIP), the State’s plan for maintaining
the 1997 ozone National Ambient Air
Quality Standard (NAAQS or standard)
through 2028. On April 12, 2019, the
Ohio Environmental Protection Agency
submitted the 1997 ozone NAAQS
Limited Maintenance Plan (LMP) for the
Canton-Massillon (Stark County), Lima
(Allen County), and Toledo (Lucas and
Wood Counties) areas and the Ohio
portion of the Parkersburg-Marietta
[OH–WV] (Washington County),
Steubenville-Weirton [OH–WV]
(Jefferson County), Wheeling [OH–WV]
(Belmont County), and YoungstownWarren-Sharon [OH–PA] (Columbiana,
Mahoning, and Trumbull Counties)
multi-state areas. The effect of this
action makes certain commitments
related to maintenance of the 1997
ozone NAAQS in these areas federally
enforceable as part of the Ohio SIP.
DATES: This final rule is effective on
December 19, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2019–0216. All
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 Charles
Hatten, Environmental Engineer, at
(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, the terms
‘‘we’’, ‘‘us’’, and ‘‘our’’ refer to EPA.
SUMMARY:
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Frm 00016
Fmt 4700
Sfmt 4700
I. What is being addressed in this
document?
This rule approves Ohio’s April 12,
2019 submission to provide for the
maintenance of the 1997 ozone NAAQS
LMPs for the Canton-Massillon (Stark
County), Lima (Allen County), and
Toledo (Lucas and Wood Counties)
areas and the Ohio portion of the
Parkersburg-Marietta [OH–WV]
(Washington County), SteubenvilleWeirton [OH–WV] (Jefferson County),
Wheeling [OH–WV] (Belmont County),
and Youngstown-Warren-Sharon [OH–
PA](Columbiana, Mahoning, and
Trumbull Counties) multi-state areas
through 2028. The background for this
action is discussed in detail in EPA’s
notice of proposed rulemaking (NPRM),
dated August 19, 2019 (84 FR 42881).
II. What comments did we receive on
the proposed rule?
In the NPRM, EPA provided a 30-day
review and comment period for the
proposed rule. The comment period
ended on September 18, 2019. We
received no adverse comments on the
proposed rule.
III. What action is EPA taking?
EPA is approving, as a revision to the
Ohio SIP, the State’s LMPs for
maintaining the 1997 ozone NAAQS for
Canton-Massillon (Stark County), Lima
(Allen County), Toledo (Lucas and
Wood Counties) areas, and the Ohio
portion of the Parkersburg-Marietta
(Washington County), SteubenvilleWeirton (Jefferson County), Wheeling
(Belmont County), Youngstown-WarrenSharon (Columbiana, Mahoning, and
Trumbull Counties) multi-state areas
through 2028.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive 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
E:\FR\FM\19NOR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Rules and Regulations]
[Pages 63804-63806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24938]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2019-0032; FRL-10002-26-Region 5]
Air Plan Approval; Illinois; Emissions Reduction Market System
Sunsetting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Illinois
Environmental Protection Agency (Illinois EPA) on January 11, 2019,
concerning the State's Emissions Reduction Market System (ERMS) program
for the Chicago ozone nonattainment area (NAA) in Illinois. The
revision sunsets the ERMS program and removes 35 Illinois
Administrative Code (35 IAC) Part 205, from the SIP as the ERMS program
is no longer effective in providing additional emissions reductions or
environmental benefit. The submittal includes a demonstration under
section 110(l) of the Clean Air Act (CAA) that addresses emission
impacts associated with the sunsetting of the program.
DATES: This final rule is effective on December 19, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2019-0032. All documents in the docket are listed in
the https://www.regulations.gov website. Publicly available docket
materials may be obtained either from https://www.regulations.gov, or
from the person identified in the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source
Program Manager, Control Strategies Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard,
[[Page 63805]]
Chicago, Illinois 60604, (312) 886-6061, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is being addressed by this document?
The ERMS program was originally implemented in Illinois as a cap-
and-trade program designed to reduce the emissions of volatile organic
compounds (VOC \1\) in the Chicago ozone NAA below the levels required
by reasonably available control technology (RACT) and other
regulations. The program was intended to achieve additional emission
reductions needed for the post-1999 ozone Rate of Progress (ROP) plan
for the now-revoked 1979 1-hour ozone standard, while providing sources
with more flexibility than is typically present in other regulations.
---------------------------------------------------------------------------
\1\ Illinois uses the term ``Volatile Organic Material'' (VOM)
rather than VOC. The State's definition of VOM is equivalent to
EPA's definition of VOC at 40 CFR 51.100. The two terms are
interchangeable when discussing volatile organic emissions. For
consistency with the CAA and EPA policy, this rulemaking uses the
term VOC.
---------------------------------------------------------------------------
The ERMS program was adopted by Illinois in 1997 and approved as
part of the Illinois SIP by EPA on October 15, 2001 (66 FR 52343). The
program was amended in 2005 and approved by EPA on July 7, 2008 (73 FR
38328).
Illinois has achieved all the reductions needed under the ROP plan
for the Chicago NAA, and is now terminating the ERMS program, as it is
no longer effective in providing environmental benefit. Since the
implementation of ERMS in 2000, actual emissions from sources in ERMS
have continued to decrease. These emissions reductions are due to
various factors, including the shutdown of the original affected
sources. New sources and emission units that have become subject to
ERMS do not emit at the rate of these older, shut down sources.
Additionally, as discussed in EPA's proposal, several State and Federal
regulations addressing VOC emissions have been promulgated since ERMS
began, resulting in a significant decline in both allowable and actual
emissions. As part of their SIP submittal, Illinois EPA requested EPA's
approval of the State's action to sunset the ERMS program as of April
30, 2018, which would therefore allow EPA to remove 35 IAC Part 205
provisions from the SIP. Illinois EPA submitted an anti-backsliding
analysis in accordance with section 110(l) of the CAA to demonstrate
that the discontinuation of the ERMS program as of April 30, 2018 will
not interfere with attainment or maintenance of the ozone NAAQS in the
Chicago NAA.
II. What comments did we receive on the proposed SIP revision?
Our August 19, 2019 proposed rule provided a 30-day comment period
(84 FR 42872). The comment period closed on September 19, 2019. EPA
received one comment during the public comment period. The comment
supported EPA's proposed action to allow the ERMS sunset in Illinois'
SIP and encouraged EPA to make the SIP revision effective as soon as
possible.
III. What action is EPA taking?
EPA is approving the revision to the Illinois SIP submitted by the
Illinois EPA on January 11, 2019, because the sunset of Illinois' ERMS
program in the SIP meets all applicable requirements and would not
interfere with reasonable further progress or attainment of the ozone
NAAQS. As a result, EPA is removing the ERMS provisions (35 IAC Part
205) from the SIP.
IV. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. As described in the amendments to 40 CFR
part 52 set forth below, EPA is removing provisions of the EPA-Approved
Illinois Regulations and Statutes from the Illinois SIP, which is
incorporated by reference in accordance with the requirements of 1 CFR
part 51. EPA has made, and will continue to make the SIP 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).
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 expected to be an Executive Order 13771 (82 FR
9339, February 2, 2017) regulatory action because this action is not
significant 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
[[Page 63806]]
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 January 21, 2020. 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) of the CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Volatile organic compounds.
Dated: November 6, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:
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.
Subpart O--Illinois
Sec. 52.720 [Amended]
0
2. In Sec. 52.720, the table in paragraph (c) is amended by removing
the undesignated headings ``Subchapter b: Alternative Reduction
Program'' and ``Part 205: Emissions Reduction Market System'' and all
the undesignated subheadings and entries up to and including the entry
``205.760''.
[FR Doc. 2019-24938 Filed 11-18-19; 8:45 am]
BILLING CODE 6560-50-P
