80 FR 51730 - Illinois; Disapproval of State Board Infrastructure SIP Requirements for the 2006 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 165 (August 26, 2015)
Federal Register Volume 80, Issue 165 (August 26, 2015)
| Page Range | 51730-51732 | |
| FR Document | 2015-21010 |
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)] [Rules and Regulations] [Pages 51730-51732] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21010] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2009-0805; EPA-R05-OAR-2011-0969; FRL-9932-97-Region 5] Illinois; Disapproval of State Board Infrastructure SIP Requirements for the 2006 PM2.5 and 2008 Ozone NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is disapproving an element of State Implementation Plan (SIP) submissions from Illinois regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2006 fine particulate matter (PM2.5 ) and 2008 ozone National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the requirements of [[Page 51731]] the CAA. This action pertains specifically to infrastructure requirements concerning state board requirements. DATES: This final rule is effective on September 25, 2015. ADDRESSES: EPA has established dockets for this action under Docket ID No. EPA-R05-OAR-2009-0805 (2006 PM2.5 infrastructure elements) and EPA-R05-OAR-2011-0969 (2008 ozone infrastructure elements). All documents in the docket are listed on the www.regulations.gov Web site. 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 electronically through www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone 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 is the background of these SIP submissions? II. What is our response to comments received on the proposed rulemaking? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. What is the background of these SIP submissions? This rulemaking addresses August 9, 2011, and December 31, 2012, submissions from the Illinois Environmental Protection Agency (Illinois EPA) intended to address all applicable infrastructure requirements for the 2006 PM2.5 and 2008 ozone NAAQS. The requirement for states to make a SIP submission of this type arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions ``within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),'' and 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 only takes action on the CAA section 110(a)(2)(E)(ii) requirement of these submittals. The majority of the other infrastructure elements were approved October 29, 2012 (77 FR 65478) and October 16, 2014 (79 FR 62042). II. What is our response to comments received on the proposed rulemaking? The proposed rulemaking associated with this final action was published on June 12, 2015 (80 FR 33458), and EPA received no comments during the comment period, which ended on July 13, 2015. III. What action is EPA taking? EPA is disapproving as proposed a portion of submissions from Illinois certifying that its current SIP is sufficient to meet the required infrastructure element under CAA section 110(a)(2)(E)(ii) for the 2006 PM2.5 and 2008 ozone NAAQS. This final disapproval triggers the requirement under section 110(c) that EPA promulgate a Federal Implementation Plan (FIP) no later than two years from the effective date of the disapproval unless the State corrects the deficiency, and the Administrator approves the plan or plan revision before the Administrator promulgates such FIP. IV. Statutory and Executive Order Reviews Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and, therefore, is not subject to review by the Office of Management and Budget. Paperwork Reduction Act This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Regulatory Flexibility Act This action merely disapproves state law as not meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Unfunded Mandates Reform Act Because this rule disapproves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). Executive Order 13132: Federalism This action also does not have Federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely disapproves a state rule, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This rule also is not subject to Executive Order 13045 ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it disapproves a state rule. [[Page 51732]] Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use Because it is not a ``significant regulatory action'' under Executive Order 12866 or a ``significant energy action,'' this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). National Technology Transfer Advancement Act In reviewing state submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the state to use voluntary consensus standards (VCS), EPA has no authority to disapprove a state submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a state submission, to use VCS in place of a state submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA lacks the discretionary authority to address environmental justice in this action. In reviewing SIP submissions, EPA's role is to approve or disapprove state choices, based on the criteria of the CAA. Accordingly, this action merely disapproves certain state requirements for inclusion into the SIP under section 110 and subchapter I, part D of the CAA and will not in-and-of itself create any new requirements. Accordingly, it 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. Congressional Review Act 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 rule 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 October 26, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Particulate matter. Dated: August 14, 2015. Susan Hedman, Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. Section 52.745 is amended by revising paragraphs (c) and (e) to read as follows: Sec. 52.745 Section 110(a)(2) infrastructure requirements. * * * * * (c) Approval and Disapproval--In an August 9, 2011, submittal, and supplemented on August 25, 2011, and June 27, 2012, Illinois certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2006 24- hour PM2.5 NAAQS. EPA is approving Illinois' submission addressing the infrastructure SIP requirements of section 110(a)(2)(A), (B), (C) with respect to enforcement, (D)(i)(II) with respect to visibility protection, (D)(ii), (E) except for state board requirements, (F) through (H), (J) except for prevention of significant deterioration (PSD), and (K) through (M). EPA is not taking action on (D)(i)(I). EPA is disapproving the state board requirements of (E)(ii). EPA is disapproving Illinois' submission addressing PSD in (C), (D)(i)(II), and the PSD portion of (J). Although EPA is disapproving portions of Illinois' submission addressing PSD, Illinois continues to implement the Federally promulgated rules for this purpose as they pertain to (C), (D)(i)(II), and the PSD portion of (J). * * * * * (e) Approval and Disapproval--In a December 31, 2012, submittal, Illinois certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2008 ozone NAAQS except for 110(a)(2)(D)(i)(I). EPA is approving Illinois' submission addressing the infrastructure SIP requirements of section 110(a)(2)(A), (B), (C) with respect to enforcement, (D)(i)(II) with respect to visibility protection, (D)(ii), (E) except for state board requirements, (F) through (H), (J) except for prevention of significant deterioration (PSD), and (K) through (M). EPA is disapproving the state board requirements of (E)(ii). EPA is disapproving Illinois' submission addressing PSD in (C), (D)(i)(II), and the PSD portion of (J). Although EPA is disapproving portions of Illinois' submission addressing PSD, Illinois continues to implement the Federally promulgated rules for this purpose as they pertain to (C), (D)(i)(II), and the PSD portion of (J). * * * * * [FR Doc. 2015-21010 Filed 8-25-15; 8:45 am] BILLING CODE 6560-50-P
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PART 732—[AMENDED] PART 748—[AMENDED] Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
■ 12. The authority citation for part 748 3 CFR, 2001 Comp., p. 783; Notice of August
■ 4. The authority citation for part 732 7, 2015, 80 FR 48233 (August 11, 2015).
is revised to read as follows: is revised to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 Authority: 50 U.S.C. app. 2401 et seq.; 50 § 772.1 [Amended]
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
■ 22. Section 772.1 is amended by
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice removing the definition ‘‘Controlled in
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice fact.’’
of August 7, 2015, 80 FR 48233 (August 11, of August 7, 2015, 80 FR 48233 (August 11,
2015). 2015).
PART 774—[AMENDED]
■ 5. Section 732.5 is amended by § 748.1 [Amended]
■ 23. The authority citation for part 774
revising the next to last sentence of ■ 13. Section 748.1 is amended by is revised to read as follows:
paragraph (b) to read as follows: removing the phrase ‘‘Special
Comprehensive License or’’ from the Authority: 50 U.S.C. app. 2401 et seq.; 50
§ 732.5 Steps regarding Electronic Export U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
first parenthetical in the first sentence 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
Information (EEI) requirements, Destination
Control Statements, and recordkeeping. in paragraph (d), introductory text. seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u);
* * * * * § 748.4 [Amended] 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
(b) * * * DCS requirements do not ■ 14. Section 748.4 is amended by U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
apply to reexports * * * removing the next to last sentence in 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
* * * * * paragraph (h). 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of August 7, 2015, 80
§ 732.6 [Amended] § 748.7 [Amended] FR 48233 (August 11, 2015).
■ 6. Section 732.6 is amended by ■ 15. Section 748.7 is amended by Supplement No. 1 to Part 774
removing and reserving paragraph (d). removing the phrase ‘‘Special [Amended]
Comprehensive Licenses and’’ from the
PART 738—[AMENDED] parenthetical in the second sentence in ■ 24. Supplement No. 1 to part 774 (the
paragraph (a) and from the parenthetical Commerce Control List) is amended by
in the first sentence in paragraph (d). removing the phrase ‘‘Special
■ 7. The authority citation for 15 CFR
Comprehensive Licenses,’’ wherever it
part 738 is revised to read as follows: § 748.9 [Amended] is found.
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
■ 16. Section 748.9 is amended by Dated: August 17, 2015.
7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et removing and reserving paragraph Kevin J. Wolf,
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); (c)(1)(vi). Assistant Secretary for Export
42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. Supplement No. 1 to Part 748 Administration.
1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 [FR Doc. 2015–20980 Filed 8–25–15; 8:45 am]
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
[Amended]
BILLING CODE 3510–33–P
13026, 61 FR 58767, 3 CFR, 1996 Comp., p. ■ 17. Supplement No. 1 to Part 748 is
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 amended by:
Comp., p. 783; Notice of August 7, 2015, 80
■ a. Removing the next to last sentence
FR 48233 (August 11, 2015). ENVIRONMENTAL PROTECTION
and the caption, ‘‘Special AGENCY
§ 738.4 [Amended] Comprehensive License’’ that precedes
it in paragraph ‘‘Block 5:’’ and 40 CFR Part 52
■ 8. Section 738.4 is amended by ■ b. Removing and reserving paragraph
removing the phrase ‘‘or Special ‘‘Block 8’’. [EPA–R05–OAR–2009–0805; EPA–R05–
Comprehensive License’’ at the end of OAR–2011–0969; FRL–9932–97–Region 5]
the sixth sentence in paragraph (b)(3). PART 752—[REMOVED AND
RESERVED] Illinois; Disapproval of State Board
PART 743—[AMENDED] Infrastructure SIP Requirements for
■ 18. Remove and reserve part 752. the 2006 PM2.5 and 2008 Ozone NAAQS
■ 9. The authority citation for part 743 AGENCY: Environmental Protection
is revised to read as follows: PART 762—[AMENDED]
Agency (EPA).
Authority: 50 U.S.C. app. 2401 et seq.; 50 ■ 19. The authority citation for part 762 ACTION: Final rule.
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, is revised to read as follows:
3 CFR, 2001 Comp., p. 783; E.O. 13637 of SUMMARY: The Environmental Protection
March 8, 2013, 78 FR 16129 (March 13, Authority: 50 U.S.C. app. 2401 et seq.; 50 Agency (EPA) is disapproving an
2013); 78 FR 16129; Notice of August 7, 2015, U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, element of State Implementation Plan
80 FR 48233 (August 11, 2015). 3 CFR, 2001 Comp., p. 783; Notice of August
(SIP) submissions from Illinois
7, 2015, 80 FR 48233 (August 11, 2015).
§ 743.1 [Amended] regarding the infrastructure
§ 762.2 [Amended] requirements of section 110 of the Clean
■ 10. Section 743.1 is amended by Air Act (CAA) for the 2006 fine
■ 20. Section 762.2 is amended by
removing and reserving paragraph particulate matter (PM2.5) and 2008
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removing and reserving paragraphs
(b)(2). ozone National Ambient Air Quality
(b)(31) through (38).
Standards (NAAQS). The infrastructure
§ 743.4 [Amended]
PART 772—[AMENDED] requirements are designed to ensure that
■ 11. Section 743.4 is amended by the structural components of each
removing and reserving paragraph ■ 21. The authority citation for part 772 state’s air quality management program
(b)(2). is revised to read as follows: are adequate to meet the requirements of
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![Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations 51731
the CAA. This action pertains CAA section 110(a)(1). Pursuant to provisions of the Paperwork Reduction
specifically to infrastructure section 110(a)(1), states must make SIP Act of 1995 (44 U.S.C. 3501 et seq.).
requirements concerning state board submissions ‘‘within 3 years (or such
requirements. shorter period as the Administrator may Regulatory Flexibility Act
DATES: This final rule is effective on prescribe) after the promulgation of a This action merely disapproves state
September 25, 2015. national primary ambient air quality law as not meeting Federal requirements
standard (or any revision thereof),’’ and and imposes no additional requirements
ADDRESSES: EPA has established dockets
these SIP submissions are to provide for beyond those imposed by state law.
for this action under Docket ID No.
the ‘‘implementation, maintenance, and
EPA–R05–OAR–2009–0805 (2006 PM2.5 Accordingly, the Administrator certifies
enforcement’’ of such NAAQS. The
infrastructure elements) and EPA–R05– that this rule will not have a significant
statute directly imposes on states the
OAR–2011–0969 (2008 ozone economic impact on a substantial
duty to make these SIP submissions,
infrastructure elements). All documents number of small entities under the
and the requirement to make the
in the docket are listed on the Regulatory Flexibility Act (5 U.S.C. 601
submissions is not conditioned upon
www.regulations.gov Web site. Although et seq.).
EPA’s taking any action other than
listed in the index, some information is
promulgating a new or revised NAAQS. Unfunded Mandates Reform Act
not publicly available, i.e., Confidential
Section 110(a)(2) includes a list of
Business Information (CBI) or other Because this rule disapproves pre-
specific elements that ‘‘[e]ach such
information whose disclosure is
plan’’ submission must address. existing requirements under state law
restricted by statute. Certain other This specific rulemaking only takes and does not impose any additional
material, such as copyrighted material, action on the CAA section enforceable duty beyond that required
is not placed on the Internet and will be 110(a)(2)(E)(ii) requirement of these by state law, it does not contain any
publicly available only in hard copy submittals. The majority of the other unfunded mandate or significantly or
form. Publicly available docket infrastructure elements were approved
materials are available either uniquely affect small governments, as
October 29, 2012 (77 FR 65478) and described in the Unfunded Mandates
electronically through October 16, 2014 (79 FR 62042).
www.regulations.gov or in hard copy at Reform Act of 1995 (Pub. L. 104–4).
the Environmental Protection Agency, II. What is our response to comments Executive Order 13132: Federalism
Region 5, Air and Radiation Division, 77 received on the proposed rulemaking?
West Jackson Boulevard, Chicago, The proposed rulemaking associated This action also does not have
Illinois 60604. This facility is open from with this final action was published on Federalism implications because it does
8:30 a.m. to 4:30 p.m., Monday through June 12, 2015 (80 FR 33458), and EPA not have substantial direct effects on the
Friday, excluding Federal holidays. We received no comments during the states, on the relationship between the
recommend that you telephone Sarah comment period, which ended on July national government and the states, or
Arra, Environmental Scientist, at (312) 13, 2015. on the distribution of power and
886–9401 before visiting the Region 5 responsibilities among the various
III. What action is EPA taking? levels of government, as specified in
office.
EPA is disapproving as proposed a Executive Order 13132 (64 FR 43255,
FOR FURTHER INFORMATION CONTACT:
portion of submissions from Illinois August 10, 1999). This action merely
Sarah Arra, Environmental Scientist,
certifying that its current SIP is disapproves a state rule, and does not
Attainment Planning and Maintenance
sufficient to meet the required alter the relationship or the distribution
Section, Air Programs Branch (AR–18J),
infrastructure element under CAA of power and responsibilities
U.S. Environmental Protection Agency,
section 110(a)(2)(E)(ii) for the 2006 established in the CAA.
Region 5, 77 West Jackson Boulevard,
PM2.5 and 2008 ozone NAAQS. This
Chicago, Illinois 60604, (312) 886–9401, Executive Order 13175: Consultation
final disapproval triggers the
arra.sarah@epa.gov. and Coordination With Indian Tribal
requirement under section 110(c) that
SUPPLEMENTARY INFORMATION: EPA promulgate a Federal Governments
Throughout this document whenever Implementation Plan (FIP) no later than
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean two years from the effective date of the In addition, the SIP is not approved
EPA. This SUPPLEMENTARY INFORMATION disapproval unless the State corrects the to apply on any Indian reservation land
section is arranged as follows: deficiency, and the Administrator or in any other area where EPA or an
I. What is the background of these SIP approves the plan or plan revision Indian tribe has demonstrated that a
submissions? before the Administrator promulgates tribe has jurisdiction. In those areas of
II. What is our response to comments such FIP. Indian country, the rule does not have
received on the proposed rulemaking? tribal implications and will not impose
III. What action is EPA taking? IV. Statutory and Executive Order substantial direct costs on tribal
IV. Statutory and Executive Order Reviews Reviews governments or preempt tribal law as
I. What is the background of these SIP Executive Order 12866: Regulatory specified by Executive Order 13175 (65
submissions? Planning and Review FR 67249, November 9, 2000).
This rulemaking addresses August 9, Under Executive Order 12866 (58 FR Executive Order 13045: Protection of
2011, and December 31, 2012, 51735, October 4, 1993), this action is Children From Environmental Health
submissions from the Illinois not a ‘‘significant regulatory action’’ and Safety Risks
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Environmental Protection Agency and, therefore, is not subject to review
(Illinois EPA) intended to address all by the Office of Management and This rule also is not subject to
applicable infrastructure requirements Budget. Executive Order 13045 ‘‘Protection of
for the 2006 PM2.5 and 2008 ozone Children from Environmental Health
NAAQS. Paperwork Reduction Act Risks and Safety Risks’’ (62 FR 19885,
The requirement for states to make a This rule does not impose an April 23, 1997), because it disapproves
SIP submission of this type arises out of information collection burden under the a state rule.
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Executive Order 13211: Actions That and legally permissible methods, under June 27, 2012, Illinois certified that the
Significantly Affect Energy Supply, Executive Order 12898. State has satisfied the infrastructure SIP
Distribution, or Use requirements of section 110(a)(2)(A)
Congressional Review Act
through (H), and (J) through (M) for the
Because it is not a ‘‘significant The Congressional Review Act, 5 2006 24-hour PM2.5 NAAQS. EPA is
regulatory action’’ under Executive U.S.C. 801 et seq., as added by the Small approving Illinois’ submission
Order 12866 or a ‘‘significant energy Business Regulatory Enforcement addressing the infrastructure SIP
action,’’ this action is also not subject to Fairness Act of 1996, generally provides requirements of section 110(a)(2)(A),
Executive Order 13211, ‘‘Actions that before a rule may take effect, the (B), (C) with respect to enforcement,
Concerning Regulations That agency promulgating the rule must (D)(i)(II) with respect to visibility
Significantly Affect Energy Supply, submit a rule report, which includes a protection, (D)(ii), (E) except for state
Distribution, or Use’’ (66 FR 28355, May copy of the rule, to each House of the board requirements, (F) through (H), (J)
22, 2001). Congress and to the Comptroller General except for prevention of significant
National Technology Transfer of the United States. EPA will submit a deterioration (PSD), and (K) through
Advancement Act report containing this rule and other (M). EPA is not taking action on (D)(i)(I).
required information to the U.S. Senate, EPA is disapproving the state board
In reviewing state submissions, EPA’s the U.S. House of Representatives, and requirements of (E)(ii). EPA is
role is to approve state choices, the Comptroller General of the United disapproving Illinois’ submission
provided that they meet the criteria of States prior to publication of the rule in addressing PSD in (C), (D)(i)(II), and the
the CAA. In this context, in the absence the Federal Register. A major rule PSD portion of (J). Although EPA is
of a prior existing requirement for the cannot take effect until 60 days after it disapproving portions of Illinois’
state to use voluntary consensus is published in the Federal Register. submission addressing PSD, Illinois
standards (VCS), EPA has no authority This action is not a ‘‘major rule’’ as continues to implement the Federally
to disapprove a state submission for defined by 5 U.S.C. 804(2). promulgated rules for this purpose as
failure to use VCS. It would thus be Under section 307(b)(1) of the CAA, they pertain to (C), (D)(i)(II), and the
inconsistent with applicable law for petitions for judicial review of this PSD portion of (J).
EPA, when it reviews a state action must be filed in the United States * * * * *
submission, to use VCS in place of a Court of Appeals for the appropriate (e) Approval and Disapproval—In a
state submission that otherwise satisfies circuit by October 26, 2015. Filing a December 31, 2012, submittal, Illinois
the provisions of the CAA. Thus, the petition for reconsideration by the certified that the State has satisfied the
requirements of section 12(d) of the Administrator of this final rule does not infrastructure SIP requirements of
National Technology Transfer and affect the finality of this rule for the section 110(a)(2)(A) through (H), and (J)
Advancement Act of 1995 (15 U.S.C. purposes of judicial review nor does it through (M) for the 2008 ozone NAAQS
272 note) do not apply. extend the time within which a petition except for 110(a)(2)(D)(i)(I). EPA is
for judicial review may be filed, and approving Illinois’ submission
Executive Order 12898: Federal Actions shall not postpone the effectiveness of addressing the infrastructure SIP
To Address Environmental Justice in such rule or action. This action may not requirements of section 110(a)(2)(A),
Minority Populations and Low-Income be challenged later in proceedings to (B), (C) with respect to enforcement,
Populations enforce its requirements. (See section (D)(i)(II) with respect to visibility
Executive Order 12898 (59 FR 7629 307(b)(2).) protection, (D)(ii), (E) except for state
(Feb. 16, 1994)) establishes Federal board requirements, (F) through (H), (J)
List of Subjects in 40 CFR Part 52
executive policy on environmental except for prevention of significant
justice. Its main provision directs Environmental protection, Air deterioration (PSD), and (K) through
Federal agencies, to the greatest extent pollution control, Incorporation by (M). EPA is disapproving the state board
practicable and permitted by law, to reference, Intergovernmental relations, requirements of (E)(ii). EPA is
make environmental justice part of their Ozone, Particulate matter. disapproving Illinois’ submission
mission by identifying and addressing, Dated: August 14, 2015. addressing PSD in (C), (D)(i)(II), and the
as appropriate, disproportionately high Susan Hedman, PSD portion of (J). Although EPA is
and adverse human health or Regional Administrator, Region 5. disapproving portions of Illinois’
environmental effects of their programs, submission addressing PSD, Illinois
40 CFR part 52 is amended as follows: continues to implement the Federally
policies, and activities on minority
populations and low-income promulgated rules for this purpose as
PART 52—APPROVAL AND
populations in the United States. they pertain to (C), (D)(i)(II), and the
PROMULGATION OF
PSD portion of (J).
EPA lacks the discretionary authority IMPLEMENTATION PLANS
to address environmental justice in this * * * * *
■ 1. The authority citation for part 52 [FR Doc. 2015–21010 Filed 8–25–15; 8:45 am]
action. In reviewing SIP submissions,
EPA’s role is to approve or disapprove continues to read as follows: BILLING CODE 6560–50–P
state choices, based on the criteria of the Authority: 42 U.S.C. 7401 et seq.
CAA. Accordingly, this action merely ■ 2. Section 52.745 is amended by ENVIRONMENTAL PROTECTION
disapproves certain state requirements revising paragraphs (c) and (e) to read as AGENCY
for inclusion into the SIP under section follows:
110 and subchapter I, part D of the CAA
rmajette on DSK7SPTVN1PROD with RULES
40 CFR Part 180
and will not in-and-of itself create any § 52.745 Section 110(a)(2) infrastructure
new requirements. Accordingly, it does requirements. [EPA–HQ–OPP–2014–0470; FRL–9929–61]
not provide EPA with the discretionary * * * * * Difenoconazole; Pesticide Tolerances
authority to address, as appropriate, (c) Approval and Disapproval—In an
disproportionate human health or August 9, 2011, submittal, and AGENCY: Environmental Protection
environmental effects, using practicable supplemented on August 25, 2011, and Agency (EPA).
VerDate Sep<11>2014 12:34 Aug 25, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\26AUR1.SGM 26AUR1](https://thefederalregister.org/doc/80_FR_51895/page/3.svg)
Document Created: 2015-12-15 10:58:20
Document Modified: 2015-12-15 10:58:20
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on September 25, 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 51730 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone and Particulate Matter |
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