[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Proposed Rules]
[Pages 22082-22084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09919]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0043; FRL-9993-53-Region 5]


Air Plan Approval; Illinois; State Board and Infrastructure SIP 
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to Illinois's state implementation plan (SIP) 
addressing the state board requirements under section 128 of the Clean 
Air Act (CAA) and the related infrastructure element for several 
National Ambient Air Quality Standard (NAAQS) infrastructure 
submissions. The infrastructure requirements are designed to ensure 
that the structural components of each state's air quality management 
program are adequate to meet the state's responsibilities under the 
CAA.

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DATES: Comments must be received on or before June 17, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0043 at http://www.regulations.gov, or via email to 
aburano.douglas@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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

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

I. What is the background of this SIP submission?
II. What is the result of EPA's review of this SIP submission?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background of this SIP submission?

A. What state SIP submission does this rulemaking address?

    This rulemaking addresses a January 25, 2018 submission from the 
Illinois Environmental Protection Agency (IEPA). The state submission 
addresses section 128 requirements and revisions to infrastructure 
submissions for the 2006 fine particulate matter (PM2.5), 
2008 lead, 2008 ozone, 2010 nitrogen dioxide (NO2), 2010 
sulfur dioxide (SO2), and 2012 PM2.5 NAAQS 
specific to element E. EPA is not acting on the 2012 PM2.5 
NAAQS infrastructure revision in this rulemaking.

B. Why did the state make this SIP submission?

    Whenever EPA promulgates a new or revised NAAQS, CAA section 
110(a)(1) requires states to make SIP submissions to provide for the 
implementation, maintenance, and enforcement of the NAAQS. This type of 
SIP submission is commonly referred to as an ``infrastructure SIP.'' 
This submission must meet the various requirements of CAA section 
110(a)(2), as applicable. Due to ambiguity in some of the language of 
CAA section 110(a)(2), EPA believes that it is appropriate to interpret 
these provisions in the specific context of acting on infrastructure 
SIP submissions. EPA has previously provided comprehensive guidance on 
the application of these provisions through a guidance document for 
infrastructure SIP submissions and through regional actions on 
infrastructure submissions.\1\ Unless otherwise noted below, we are 
following that existing approach in acting on this submission. In 
addition, in the context of acting on such infrastructure submissions, 
EPA evaluates the submitting state's SIP for compliance with statutory 
and regulatory requirements, not for the state's implementation of its 
SIP.\2\ EPA has other authority to address any issues concerning a 
state's implementation of the rules, regulations, consent orders, etc. 
that comprise its SIP.
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    \1\ EPA explains and elaborates on these ambiguities and its 
approach to address them in its September 13, 2013 Infrastructure 
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior 
action on Illinois's infrastructure SIP to address the 2008 ozone, 
2010 NO2, and 2010 SO2 NAAQS (79 FR 40693 
(July 14, 2014)).
    \2\ See U.S. Court of Appeals for the Ninth Circuit decision in 
Montana Environmental Information Center v. EPA, No. 16-71933 (Aug. 
30, 2018).
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II. What is the result of EPA's review of this SIP submission?

    Section 110(a)(2)(E) of the CAA requires each state to provide for 
adequate personnel, funding, and legal authority under state law to 
carry out its SIP, and related issues. Section 110(a)(2)(E)(ii) also 
requires each state to comply with the requirements with respect to 
state boards under CAA section 128.
    Under CAA sections 110(a)(2)(E)(i) and (iii), states are required 
to show they have adequate personnel, funding, and legal authority 
under state law to carry out its SIP and related issues. These 
requirements were previously approved for the infrastructure SIPs that 
are part of today's proposed rulemaking.\3\
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    \3\ For 2006 PM2.5 see 77 FR 65478 (October 29, 
2012); for 2008 lead see 79 FR 41439 (July 16, 2014); and for 2008 
ozone, 2010 NO2, and 2010 SO2 see 79 FR 62042 
(October 16, 2014).
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    CAA section 110(a)(2)(E) also requires that each SIP contain 
provisions that comply with the state board requirements of section 128 
of the CAA. That provision contains two explicit requirements: (i) That 
any board or body which approves permits or enforcement orders under 
the CAA shall have at least a majority of members who represent the 
public interest and do not derive any significant portion of their 
income from persons subject to permits and enforcement orders under the 
CAA, and (ii) that any potential conflicts of interest by members of 
such board or body or the head of an executive agency with similar 
powers be adequately disclosed.
    On January 25, 2018, IEPA submitted 35 Ill. Adm. Code 101.112(d) 
for incorporation into the SIP, pursuant to section 128 of the CAA. 
This rule applies to the Illinois Pollution Control Board which has the 
authority to approve permits and enforcement orders. The language found 
in 35 Ill. Adm. Code 101.112(d)is identical to the language in CAA 
section 128. EPA is proposing to find that this submittal meets the 
requirements of section 128 and satisfies the applicable requirements 
of CAA section 110(a)(2)(E)(ii) for the 2006 PM2.5, 2008 
lead, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

III. What action is EPA taking?

    EPA is proposing to approve 35 Ill. Adm. Code 101.112(d) as 
satisfying the requirements of CAA section 128. EPA is also proposing 
to approve the infrastructure element under CAA section 
110(a)(2)(E)(ii) for the 2006 PM2.5, 2008 lead, 2008 ozone, 
2010 NO2, and 2010 SO2 NAAQS. Final approval of 
this action will terminate the Federal Implementation Plan Clock 
started for the disapproval of CAA section 110(a)(2)(E)(ii) for the 
2006 PM2.5 and 2008 ozone NAAQS (see 80 FR 51730 (August 26, 
2015)).

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by

[[Page 22084]]

reference. In accordance with requirements of 1 CFR 51.5, EPA is 
proposing to incorporate by reference a portion of 35 Ill. Adm. Code 
101.112 ``Bias and Conflict of Interest'', specifically, Section 
101.112(d), effective July 5, 2017. EPA has made, and will continue to 
make, these documents generally available through www.regulations.gov 
and at the EPA Region 5 Office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Sulfur oxides.

    Dated: April 30, 2019.
Cheryl L Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-09919 Filed 5-15-19; 8:45 am]
 BILLING CODE 6560-50-P


