80 FR 10652 - Approval and Promulgation of Air Quality Implementation Plans; Illinois; Emission Limit Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 39 (February 27, 2015)

Page Range		10652-10654
FR Document		2015-04015

The Environmental Protection Agency (EPA) is proposing to approve some elements of a state implementation plan (SIP) submission from Illinois regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2008 8-hour ground level ozone, 2010 nitrogen dioxide (NO<INF>2</INF>), and 2010 sulfur dioxide (SO<INF>2</INF>) National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. This action is specifically looking at infrastructure requirements concerning emission limits and other control measures.

Federal Register, Volume 80 Issue 39 (Friday, February 27, 2015)

[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Proposed Rules]
[Pages 10652-10654]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04015]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0969; EPA-R05-OAR-2012-0991; EPA-R05-OAR-2013-0435; 
FRL-9923-42-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Emission Limit Infrastructure SIP Requirements for the 2008 
Ozone, 2010 NO2, and 2010 SO2 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve some elements of a state implementation plan (SIP) submission 
from Illinois regarding the infrastructure requirements of section 110 
of the Clean Air Act (CAA) for the 2008 8-hour ground level ozone, 2010 
nitrogen dioxide (NO2), and 2010 sulfur dioxide 
(SO2) National Ambient Air Quality Standards (NAAQS). The 
infrastructure requirements are designed to ensure that the structural 
components of each state's air quality management program are adequate 
to meet the state's responsibilities under the CAA. This action is 
specifically looking at infrastructure requirements concerning emission 
limits and other control measures.

DATES: Comments must be received on or before March 30, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-
0991 (2010 NO2 infrastructure elements), or EPA-R05-OAR-
2013-0435 (2010 SO2 infrastructure elements) by one of the 
following methods:

[[Page 10653]]

    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted during the Regional Office normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information. The Regional Office official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID. EPA-R05-OAR-2011-
0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-0991 (2010 
NO2 infrastructure elements), or EPA-R05-OAR-2013-0435 (2010 
SO2 infrastructure elements). EPA's policy is that all 
comments received will be included in the public docket without change 
and may be made available online at www.regulations.gov, including any 
personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
www.regulations.gov or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the U.S. Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal 
holidays. We recommend that you telephone Sarah Arra, Environmental 
Scientist, at (312) 886-9401 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-9401, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. What is the background of these SIP submissions?
III. What is EPA's review of these SIP submissions?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date, and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What is the background of these SIP submissions?

    This rulemaking addresses a December 31, 2012, submission and a 
January 9, 2015, clarification from the Illinois Environmental 
Protection Agency (Illinois EPA) intended to address all applicable 
infrastructure requirements for the 2008 ozone, 2010 NO2, 
and 2010 SO2 NAAQS.
    The requirement for states to make a SIP submission of this type 
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), 
states must make SIP submissions ``within 3 years (or such shorter 
period as the Administrator may prescribe) after the promulgation of a 
national primary ambient air quality standard (or any revision 
thereof),'' and these SIP submissions are to provide for the 
``implementation, maintenance, and enforcement'' of such NAAQS. The 
statute directly imposes on states the duty to make these SIP 
submissions, and the requirement to make the submissions is not 
conditioned upon EPA's taking any action other than promulgating a new 
or revised NAAQS. Section 110(a)(2) includes a list of specific 
elements that ``[e]ach such plan'' submission must address.
    This specific rulemaking is only taking action on the CAA 
110(a)(2)(A) requirements of these submittals. The majority of the 
other infrastructure elements were finalized in an October 16, 2014 (79 
FR 62042), rulemaking.

III. What is EPA's review of these SIP submissions?

    On September 13, 2013, EPA issued ``Guidance on Infrastructure 
State Implementation Plan (SIP) Elements under Clean Air Act Sections 
110(a)(1) and 110(a)(2)'' (2013 Memo). This guidance provides, among 
other things, advice on the development of infrastructure SIPs for the 
2008 ozone, the 2010 NO2, the 2010 SO2 NAAQS. As 
noted in the 2013 Memo, pursuant to CAA section 110(a), states must 
provide reasonable notice and opportunity for public hearing for all 
infrastructure SIP submissions. The public comment period for Illinois 
EPA's infrastructure SIP submission ended on December 26, 2012; during 
this period, the state did not receive any written comments, nor was 
there a request for a public hearing.

[[Page 10654]]

EPA is also soliciting comment on our evaluation of the state's 
infrastructure SIP submission in this notice of proposed rulemaking. 
Illinois provided a detailed synopsis of how various components of its 
SIP meet each of the applicable requirements in section 110(a)(2) for 
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS, as 
applicable. The following review only evaluates the state's submissions 
for CAA section 110(a)(2)(A) requirements.

A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures

    This section requires SIPs to include enforceable emission limits 
and other control measures, means or techniques, schedules for 
compliance, and other related matters. However, EPA has long 
interpreted emission limits and control measures for attaining the 
standards as being due when nonattainment planning requirements are 
due.\1\ In the context of an infrastructure SIP, EPA is not evaluating 
the existing SIP provisions for this purpose. Instead, EPA is only 
evaluating whether the state's SIP has basic structural provisions for 
the implementation of the NAAQS.
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    \1\ See, e.g., EPA's 73 FR 66964 at 67034, final rule on 
``National Ambient Air Quality Standards for Lead.''
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    The Illinois Environmental Protection Act is contained in chapter 
415, section 5, of the Illinois Compiled Statutes (415 ILCS 5). 415 
ILCS 5/4 provides Illinois EPA with the authority to develop rules and 
regulations necessary to meet ambient air quality standards. 
Additionally, the Illinois Pollution Control Board (IPCB) was created 
under 415 ILCS 5, providing the IPCB with the authority to develop 
rules and regulations necessary to promote the purposes of the Illinois 
Environmental Protection Act. Furthermore, the IPCB ensures compliance 
with required laws and other elements of the state's attainment plan 
that are necessary to attain the NAAQS, and to comply with the 
requirements of the CAA (415 ILCS 5/10).
    The 2013 Memo described above states that to satisfy section 
110(a)(2)(A) requirements, ``an air agency's submission should identify 
existing EPA-approved SIP provisions or new SIP provisions that the air 
agency has adopted and submitted for EPA approval that limit emissions 
of pollutants relevant to the subject NAAQS, including precursors of 
the relevant NAAQS pollutant where applicable'' (2013 Memo at page 18). 
In its January 9, 2015 clarification letter, Illinois EPA identified 
regulations with existing controls and emission limits that can be 
applied to the 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS. These regulations include controls and emission limits for 
volatile organic compounds (VOC) and nitrogen oxides (NOX) 
which are ozone precursors. Existing controls and emission limits which 
control VOC as an ozone precursor and can be applied to the 2008 ozone 
NAAQS are found in 35 Illinois Administrative Code (IAC) Parts 205, 
215, 218, 219, and 233. Existing controls and emission limits which 
control NOX as an ozone precursor and can be applied to the 
2008 ozone and the 2010 NO2 NAAQS are found in 35 IAC Parts 
217 and 225. Existing controls and emission limits which control 
SO2 and can be applied to the 2010 SO2 NAAQS are 
found in 35 IAC Parts 214 and 225. EPA proposes that Illinois has met 
the infrastructure SIP requirements of section 110(a)(2)(A) with 
respect to the 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS.
    In this rulemaking, EPA is not proposing to approve any new 
provisions in 35 IAC Parts 205, 214, 215, 217, 218, 219, 223, and 225 
that have not been previously approved by EPA. In addition, as stated 
in the October 16, 2014 (79 FR 62042), rulemaking approving the 
majority of the other infrastructure elements in the state's 
submission, EPA is not proposing to approve or disapprove any existing 
state provisions or rules related to start-up, shutdown or malfunction 
or director's discretion in the context of section 110(a)(2)(A).

IV. What action is EPA taking?

    EPA is proposing to approve submissions from Illinois certifying 
that its current SIP is sufficient to meet the required infrastructure 
element under CAA section 110(a)(2)(A) for the 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves State law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Nitrogen dioxide, Sulfur 
dioxide, Reporting and recordkeeping requirements.

    Dated: February 12, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-04015 Filed 2-26-15; 8:45 am]
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10652 Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Proposed Rules

Element 2010 NO2 2010 SO2

(D)4: Visibility ........................................................................................................................................................... NA NA
(D)5: Interstate and International Pollution Abatement ........................................................................................... A A
(E): Adequate resources .......................................................................................................................................... A A
(E): State boards ..................................................................................................................................................... A A
(F): Stationary source monitoring system ............................................................................................................... A A
(G): Emergency power ............................................................................................................................................ A A
(H): Future SIP revisions ......................................................................................................................................... A A
(I): Nonattainment area plan or plan revisions under part D .................................................................................. + +
(J)1: Consultation with government officials ............................................................................................................ A A
(J)2: Public notification ............................................................................................................................................ A A
(J)3: PSD ................................................................................................................................................................. A A
(J)4: Visibility protection ........................................................................................................................................... + +
(K): Air quality modeling and data ........................................................................................................................... A A
(L): Permitting fees .................................................................................................................................................. A A
(M): Consultation and participation by affected local entities ................................................................................. A A

In the above table, the key is as follows: safety risks subject to Executive Order ENVIRONMENTAL PROTECTION
13045 (62 FR 19885, April 23, 1997); AGENCY
A .................... Approve. • is not a significant regulatory action
NA .................. No Action/Separate Rule- 40 CFR Part 52
making. subject to Executive Order 13211 (66 FR
+ .................... Not germane to infrastructure 28355, May 22, 2001);
[EPA–R05–OAR–2011–0969; EPA–R05–
SIPs. • is not subject to requirements of OAR–2012–0991; EPA–R05–OAR–2013–
Section 12(d) of the National 0435; FRL–9923–42–Region 5]
VI. Statutory and Executive Order Technology Transfer and Advancement
Reviews Act of 1995 (15 U.S.C. 272 note) because Approval and Promulgation of Air
Under the CAA, the Administrator is application of those requirements would Quality Implementation Plans; Illinois;
required to approve a SIP submission be inconsistent with the CAA; and Emission Limit Infrastructure SIP
Requirements for the 2008 Ozone, 2010
that complies with the provisions of the • does not provide EPA with the
CAA and applicable Federal regulations. NO2, and 2010 SO2 NAAQS
discretionary authority to address, as
42 U.S.C. 7410(k); 40 CFR 52.02(a). appropriate, disproportionate human AGENCY: Environmental Protection
Thus, in reviewing SIP submissions, health or environmental effects, using Agency (EPA).
EPA’s role is to approve State choices, practicable and legally permissible
provided that they meet the criteria of ACTION: Proposed rule.
methods, under Executive Order 12898
the CAA. Accordingly, this action (59 FR 7629, February 16, 1994). SUMMARY: The Environmental Protection
merely approves State law as meeting
In addition, the SIP is not approved Agency (EPA) is proposing to approve
Federal requirements and does not
to apply on any Indian reservation land some elements of a state
impose additional requirements beyond
or in any other area where EPA or an implementation plan (SIP) submission
those imposed by State law. For that
Indian tribe has demonstrated that a from Illinois regarding the infrastructure
reason, this action:
requirements of section 110 of the Clean
• Is not a ‘‘significant regulatory tribe has jurisdiction. In those areas of
Air Act (CAA) for the 2008 8-hour
action’’ subject to review by the Office Indian country, the rule does not have
ground level ozone, 2010 nitrogen
of Management and Budget under tribal implications and will not impose
dioxide (NO2), and 2010 sulfur dioxide
Executive Order 12866 (58 FR 51735, substantial direct costs on tribal
(SO2) National Ambient Air Quality
October 4, 1993) and 13563 (76 FR 3821, governments or preempt tribal law as Standards (NAAQS). The infrastructure
January 21, 2011); specified by Executive Order 13175 (65 requirements are designed to ensure that
• does not impose an information FR 67249, November 9, 2000). the structural components of each
collection burden under the provisions state’s air quality management program
of the Paperwork Reduction Act (44 List of Subjects in 40 CFR Part 52
are adequate to meet the state’s
U.S.C. 3501 et seq.); Environmental protection, Air responsibilities under the CAA. This
• is certified as not having a pollution control, Incorporation by action is specifically looking at
significant economic impact on a reference, Intergovernmental relations, infrastructure requirements concerning
substantial number of small entities emission limits and other control
Nitrogen dioxide, Sulfur dioxide,
under the Regulatory Flexibility Act (5 measures.
Reporting and recordkeeping
U.S.C. 601 et seq.);
requirements.
• does not contain any unfunded DATES: Comments must be received on
mandate or significantly or uniquely Dated: February 12, 2015. or before March 30, 2015.
affect small governments, as described Susan Hedman, ADDRESSES: Submit your comments,
in the Unfunded Mandates Reform Act
tkelley on DSK3SPTVN1PROD with PROPOSALS

Regional Administrator, Region 5. identified by Docket ID No. EPA–R05–
of 1995 (Pub. L. 104–4); [FR Doc. 2015–04014 Filed 2–26–15; 8:45 am] OAR–2011–0969 (2008 ozone
• does not have Federalism infrastructure elements), EPA–R05–
BILLING CODE 6560–50–P
implications as specified in Executive OAR–2012–0991 (2010 NO2
Order 13132 (64 FR 43255, August 10, infrastructure elements), or EPA–R05–
1999); OAR–2013–0435 (2010 SO2
• is not an economically significant infrastructure elements) by one of the
regulatory action based on health or following methods:

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Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Proposed Rules 10653

1. www.regulations.gov: Follow the encryption, and be free of any defects or 6. Provide specific examples to
on-line instructions for submitting viruses. illustrate your concerns, and suggest
comments. Docket: All documents in the docket alternatives.
2. Email: aburano.douglas@epa.gov. are listed in the www.regulations.gov 7. Explain your views as clearly as
3. Fax: (312) 408–2279. index. Although listed in the index, possible, avoiding the use of profanity
4. Mail: Douglas Aburano, Chief, some information is not publicly or personal threats.
Attainment Planning and Maintenance available, e.g., CBI or other information 8. Make sure to submit your
Section, Air Programs Branch (AR–18J), whose disclosure is restricted by statute. comments by the comment period
U.S. Environmental Protection Agency, Certain other material, such as deadline identified.
77 West Jackson Boulevard, Chicago, copyrighted material, will be publicly II. What is the background of these SIP
Illinois 60604. available only in hard copy. Publicly submissions?
5. Hand Delivery: Douglas Aburano, available docket materials are available
either electronically in This rulemaking addresses a
Chief, Attainment Planning and December 31, 2012, submission and a
Maintenance Section, Air Programs www.regulations.gov or in hard copy at
the U.S. Environmental Protection January 9, 2015, clarification from the
Branch (AR–18J), U.S. Environmental Illinois Environmental Protection
Protection Agency, 77 West Jackson Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Agency (Illinois EPA) intended to
Boulevard, Chicago, Illinois 60604. address all applicable infrastructure
Such deliveries are only accepted Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., requirements for the 2008 ozone, 2010
during the Regional Office normal hours NO2, and 2010 SO2 NAAQS.
of operation, and special arrangements Monday through Friday, excluding
Federal holidays. We recommend that The requirement for states to make a
should be made for deliveries of boxed SIP submission of this type arises out of
information. The Regional Office official you telephone Sarah Arra,
Environmental Scientist, at (312) 886– CAA section 110(a)(1). Pursuant to
hours of business are Monday through section 110(a)(1), states must make SIP
Friday, 8:30 a.m. to 4:30 p.m., excluding 9401 before visiting the Region 5 office.
submissions ‘‘within 3 years (or such
Federal holidays. FOR FURTHER INFORMATION CONTACT:
shorter period as the Administrator may
Instructions: Direct your comments to Sarah Arra, Environmental Scientist, prescribe) after the promulgation of a
Docket ID. EPA–R05–OAR–2011–0969 Attainment Planning and Maintenance national primary ambient air quality
(2008 ozone infrastructure elements), Section, Air Programs Branch (AR–18J), standard (or any revision thereof),’’ and
EPA–R05–OAR–2012–0991 (2010 NO2 U.S. Environmental Protection Agency, these SIP submissions are to provide for
infrastructure elements), or EPA–R05– Region 5, 77 West Jackson Boulevard, the ‘‘implementation, maintenance, and
OAR–2013–0435 (2010 SO2 Chicago, Illinois 60604, (312) 886–9401, enforcement’’ of such NAAQS. The
infrastructure elements). EPA’s policy is arra.sarah@epa.gov. statute directly imposes on states the
that all comments received will be SUPPLEMENTARY INFORMATION: duty to make these SIP submissions,
included in the public docket without Throughout this document whenever and the requirement to make the
change and may be made available ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean submissions is not conditioned upon
online at www.regulations.gov, EPA. This supplementary information EPA’s taking any action other than
including any personal information section is arranged as follows: promulgating a new or revised NAAQS.
provided, unless the comment includes I. What should I consider as I prepare my Section 110(a)(2) includes a list of
information claimed to be Confidential comments for EPA? specific elements that ‘‘[e]ach such
Business Information (CBI) or other II. What is the background of these SIP plan’’ submission must address.
information whose disclosure is submissions? This specific rulemaking is only
restricted by statute. Do not submit III. What is EPA’s review of these SIP taking action on the CAA 110(a)(2)(A)
information that you consider to be CBI submissions?
requirements of these submittals. The
or otherwise protected through IV. What action is EPA taking?
V. Statutory and Executive Order Reviews majority of the other infrastructure
www.regulations.gov or email. The elements were finalized in an October
www.regulations.gov Web site is an I. What should I consider as I prepare 16, 2014 (79 FR 62042), rulemaking.
‘‘anonymous access’’ system, which my comments for EPA?
means EPA will not know your identity III. What is EPA’s review of these SIP
When submitting comments, submissions?
or contact information unless you remember to:
provide it in the body of your comment. 1. Identify the rulemaking by docket On September 13, 2013, EPA issued
If you send an email comment directly number and other identifying ‘‘Guidance on Infrastructure State
to EPA without going through information (subject heading, Federal Implementation Plan (SIP) Elements
www.regulations.gov your email address Register date, and page number). under Clean Air Act Sections 110(a)(1)
will be automatically captured and 2. Follow directions—EPA may ask and 110(a)(2)’’ (2013 Memo). This
included as part of the comment that is you to respond to specific questions or guidance provides, among other things,
placed in the public docket and made organize comments by referencing a advice on the development of
available on the Internet. If you submit Code of Federal Regulations (CFR) part infrastructure SIPs for the 2008 ozone,
an electronic comment, EPA or section number. the 2010 NO2, the 2010 SO2 NAAQS. As
recommends that you include your 3. Explain why you agree or disagree; noted in the 2013 Memo, pursuant to
name and other contact information in suggest alternatives and substitute CAA section 110(a), states must provide
tkelley on DSK3SPTVN1PROD with PROPOSALS

the body of your comment and with any language for your requested changes. reasonable notice and opportunity for
disk or CD–ROM you submit. If EPA 4. Describe any assumptions and public hearing for all infrastructure SIP
cannot read your comment due to provide any technical information and/ submissions. The public comment
technical difficulties and cannot contact or data that you used. period for Illinois EPA’s infrastructure
you for clarification, EPA may not be 5. If you estimate potential costs or SIP submission ended on December 26,
able to consider your comment. burdens, explain how you arrived at 2012; during this period, the state did
Electronic files should avoid the use of your estimate in sufficient detail to not receive any written comments, nor
special characters, any form of allow for it to be reproduced. was there a request for a public hearing.

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10654 Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Proposed Rules

EPA is also soliciting comment on our existing controls and emission limits of Management and Budget under
evaluation of the state’s infrastructure that can be applied to the 2008 ozone, Executive Orders 12866 (58 FR 51735,
SIP submission in this notice of 2010 NO2, and 2010 SO2 NAAQS. These October 4, 1993) and 13563 (76 FR 3821,
proposed rulemaking. Illinois provided regulations include controls and January 21, 2011);
a detailed synopsis of how various emission limits for volatile organic • does not impose an information
components of its SIP meet each of the compounds (VOC) and nitrogen oxides collection burden under the provisions
applicable requirements in section (NOX) which are ozone precursors. of the Paperwork Reduction Act (44
110(a)(2) for the 2008 ozone, 2010 NO2, Existing controls and emission limits U.S.C. 3501 et seq.);
and 2010 SO2 NAAQS, as applicable. which control VOC as an ozone • is certified as not having a
The following review only evaluates the precursor and can be applied to the significant economic impact on a
state’s submissions for CAA section 2008 ozone NAAQS are found in 35 substantial number of small entities
110(a)(2)(A) requirements. Illinois Administrative Code (IAC) Parts under the Regulatory Flexibility Act (5
205, 215, 218, 219, and 233. Existing U.S.C. 601 et seq.);
A. Section 110(a)(2)(A)—Emission controls and emission limits which
Limits and Other Control Measures control NOX as an ozone precursor and • does not contain any unfunded
This section requires SIPs to include can be applied to the 2008 ozone and mandate or significantly or uniquely
enforceable emission limits and other the 2010 NO2 NAAQS are found in 35 affect small governments, as described
control measures, means or techniques, IAC Parts 217 and 225. Existing controls in the Unfunded Mandates Reform Act
schedules for compliance, and other and emission limits which control SO2 of 1995 (Pub. L. 104–4);
related matters. However, EPA has long and can be applied to the 2010 SO2 • does not have Federalism
interpreted emission limits and control NAAQS are found in 35 IAC Parts 214 implications as specified in Executive
measures for attaining the standards as and 225. EPA proposes that Illinois has Order 13132 (64 FR 43255, August 10,
being due when nonattainment met the infrastructure SIP requirements 1999);
planning requirements are due.1 In the of section 110(a)(2)(A) with respect to • is not an economically significant
context of an infrastructure SIP, EPA is the 2008 ozone, 2010 NO2, and 2010 regulatory action based on health or
not evaluating the existing SIP SO2 NAAQS. safety risks subject to Executive Order
provisions for this purpose. Instead, In this rulemaking, EPA is not 13045 (62 FR 19885, April 23, 1997);
EPA is only evaluating whether the proposing to approve any new • is not a significant regulatory action
state’s SIP has basic structural provisions in 35 IAC Parts 205, 214, subject to Executive Order 13211 (66 FR
provisions for the implementation of the 215, 217, 218, 219, 223, and 225 that 28355, May 22, 2001);
NAAQS. have not been previously approved by • is not subject to requirements of
The Illinois Environmental Protection EPA. In addition, as stated in the Section 12(d) of the National
Act is contained in chapter 415, section October 16, 2014 (79 FR 62042), Technology Transfer and Advancement
5, of the Illinois Compiled Statutes (415 rulemaking approving the majority of Act of 1995 (15 U.S.C. 272 note) because
ILCS 5). 415 ILCS 5/4 provides Illinois the other infrastructure elements in the application of those requirements would
EPA with the authority to develop rules state’s submission, EPA is not proposing be inconsistent with the CAA; and
and regulations necessary to meet to approve or disapprove any existing
state provisions or rules related to start- • does not provide EPA with the
ambient air quality standards.
up, shutdown or malfunction or discretionary authority to address, as
Additionally, the Illinois Pollution
director’s discretion in the context of appropriate, disproportionate human
Control Board (IPCB) was created under
section 110(a)(2)(A). health or environmental effects, using
415 ILCS 5, providing the IPCB with the
practicable and legally permissible
authority to develop rules and IV. What action is EPA taking? methods, under Executive Order 12898
regulations necessary to promote the
EPA is proposing to approve (59 FR 7629, February 16, 1994).
purposes of the Illinois Environmental
Protection Act. Furthermore, the IPCB submissions from Illinois certifying that In addition, the SIP is not approved
ensures compliance with required laws its current SIP is sufficient to meet the to apply on any Indian reservation land
and other elements of the state’s required infrastructure element under or in any other area where EPA or an
attainment plan that are necessary to CAA section 110(a)(2)(A) for the 2008 Indian tribe has demonstrated that a
attain the NAAQS, and to comply with ozone, 2010 NO2, and 2010 SO2 tribe has jurisdiction. In those areas of
the requirements of the CAA (415 ILCS NAAQS. Indian country, the rule does not have
5/10). tribal implications and will not impose
V. Statutory and Executive Order
The 2013 Memo described above substantial direct costs on tribal
Reviews
states that to satisfy section 110(a)(2)(A) governments or preempt tribal law as
requirements, ‘‘an air agency’s Under the CAA, the Administrator is specified by Executive Order 13175 (65
submission should identify existing required to approve a SIP submission FR 67249, November 9, 2000).
EPA-approved SIP provisions or new that complies with the provisions of the
CAA and applicable Federal regulations. List of Subjects in 40 CFR Part 52
SIP provisions that the air agency has
adopted and submitted for EPA 42 U.S.C. 7410(k); 40 CFR 52.02(a). Environmental protection, Air
approval that limit emissions of Thus, in reviewing SIP submissions, pollution control, Incorporation by
pollutants relevant to the subject EPA’s role is to approve State choices, reference, Intergovernmental relations,
NAAQS, including precursors of the provided that they meet the criteria of Ozone, Nitrogen dioxide, Sulfur
tkelley on DSK3SPTVN1PROD with PROPOSALS

relevant NAAQS pollutant where the CAA. Accordingly, this action dioxide, Reporting and recordkeeping
applicable’’ (2013 Memo at page 18). In merely approves State law as meeting requirements.
its January 9, 2015 clarification letter, Federal requirements and does not
Dated: February 12, 2015.
Illinois EPA identified regulations with impose additional requirements beyond
those imposed by State law. For that Susan Hedman,
reason, this action: Regional Administrator, Region 5.
1 See, e.g., EPA’s 73 FR 66964 at 67034, final rule

on ‘‘National Ambient Air Quality Standards for • Is not a ‘‘significant regulatory [FR Doc. 2015–04015 Filed 2–26–15; 8:45 am]
Lead.’’ action’’ subject to review by the Office BILLING CODE 6560–50–P

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Document Created: 2015-12-18 13:14:51
Document Modified: 2015-12-18 13:14:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received on or before March 30, 2015.
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, [email protected]
FR Citation		80 FR 10652
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Nitrogen Dioxide; Sulfur Dioxide and Reporting and Recordkeeping Requirements