[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49671-49675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20129]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0043; FRL-9999-78-Region 5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

DATES: This final rule is effective on October 23, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0043. All

[[Page 49672]]

documents in the docket are listed on the www.regulations.gov website. 
Although listed in the index, some information is not publicly 
available, i.e., Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either through 
www.regulations.gov or at the Environmental Protection Agency, Region 
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding Federal holidays. We recommend that 
you telephone Sarah Arra, Environmental Scientist, at (312) 886-9401 
before visiting the Region 5 office.

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

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

I. What is the background of this SIP submission?
II. What is our response to comments received on the proposed 
rulemaking?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background of this SIP submission?

    Whenever EPA promulgates a new or revised NAAQS, CAA section 
110(a)(1) requires states to make SIP submissions to provide for the 
implementation, maintenance, and enforcement of the NAAQS. This type of 
SIP submission is commonly referred to as an ``infrastructure SIP.'' 
This rulemaking addresses a January 25, 2018, submission from the 
Illinois Environmental Protection Agency (IEPA) addressing section 128 
requirements and revisions to infrastructure SIP submissions for the 
2006 fine particulate matter (PM2.5), 2008 lead, 2008 ozone, 
2010 nitrogen dioxide (NO2), 2010 sulfur dioxide 
(SO2), and 2012 PM2.5 NAAQS specific to CAA 
section 110(a)(2)(E) (also known as ``element E''). EPA is not acting 
on the 2012 PM2.5 NAAQS infrastructure revision in this 
rulemaking.

II. What is our response to comments received on the proposed 
rulemaking?

    The proposed rulemaking associated with this final action was 
published on May 16, 2019 (84 FR 22082), and EPA received one comment 
during the comment period, which ended on June 17, 2019. A synopsis of 
the adverse comment, as well as EPA's response, is discussed below.
    Comment: The commenter suggests that the proposed SIP revision is 
not approvable because definitions of several of the key terms are not 
located anywhere in the Illinois Administrative Code, specifically 
``significant portion of income,'' ``represent the public interest,'' 
``adequately disclosed,'' ``conflict of interest,'' and ``bias.'' The 
commenter also states that the text of the new SIP provision does not 
specify that it applies to the Pollution Control Board or to the IEPA.
    Response: EPA disagrees that this action is not approvable for the 
reasons stated in the comment. The language that the state has adopted 
and that EPA is approving into the Illinois SIP is identical to the 
language in CAA section 128, and therefore meets the statutory 
requirements. When appropriate, EPA allows states to adopt identical 
language from the CAA into a SIP for statutory and regulatory 
requirements. EPA notes that the CAA itself does not define the terms 
noted by the commenter, and therefore the meanings may depend upon the 
specific facts and circumstances of a given situation. While EPA's 1978 
guidance for CAA section 128 provides recommended definitions, the 
guidance also specifies that it does not create a requirement that all 
SIPs must include EPA's suggested definitions for CAA section 128 
verbatim, or that states must include any such definitions in SIPs at 
all.\1\ The legislative history of the 1977 amendments to the CAA also 
indicates that states have some flexibility to determine the specific 
provisions needed to satisfy the requirements of section 128, so long 
as the statutory requirements are met, specifically, the conference 
committee for the 1977 amendments stated that ``it is the 
responsibility of each state to determine the specific requirements to 
meet the general requirements of [section 128].'' \2\ EPA has 
previously approved SIP provisions with requirements that closely track 
or mirror the explicit statutory language of CAA section 128 as meeting 
the requirements of CAA section 128 into other states' SIPs.\3\
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    \1\ 1978 Guidance, ``Model Letter from Regional Offices to 
States,'' at 2-3.
    \2\ H.R. Rep. 95-564 (1977), reprinted in Legislative History of 
the Clean Air Act Amendments of 1977, 526-527 (1978).
    \3\ See also EPA proposed rule on South Dakota, 79 FR 71040, 
71052, finalized at 80 FR 4799; and Alabama, 83 FR 5594, finalized 
at 83 FR 31454.
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    The SIP revision language is also clear that it applies to the 
Pollution Control Board and IEPA because the added language appears in 
the Illinois Administrative Code under Title 35: Environmental 
Protection, Subtitle A: General Provisions, Chapter 1: Pollution 
Control Board. Therefore, the ``Board'' referenced in the SIP revision 
is plainly referring to IEPA's Pollution Control Board because that 
board is the subject of the entire chapter. Thus, the Board is a 
``board or body'' within the meaning of CAA section 128, and the state 
is properly imposing requirements on the Board through SIP provisions 
as required by CAA section 110(a)(2)(E)(ii).

III. What action is EPA taking?

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

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Illinois 
regulations described in the amendments to 40 CFR part 52 set forth 
below. EPA has made, and will continue to make, these documents 
generally available through www.regulations.gov, and at the EPA Region 
5 Office (please contact the person identified in the For Further 
Information Contact section of this preamble for more information). 
Therefore, these materials have been approved by EPA for inclusion in 
the Illinois SIP, have been incorporated by reference by EPA into that 
plan, are fully federally enforceable under sections 110 and 113 of the 
CAA as of the effective date of the final rulemaking of EPA's approval, 
and will be incorporated by reference in the next update to the SIP 
compilation.\4\
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    \4\ 62 FR 27968 (May 22, 1997).

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[[Page 49673]]

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 22, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: September 4, 2019.
Cheryl L Newton,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.


0
2. Section 52.720 is amended:
0
a. In the table in paragraph (c), under ``Chapter I: Pollution Control 
Board,'' by adding entries for ``Part 101: General Rules'' before 
``Part 106: Procedural Regulations''; and
0
b. In the table in paragraph (e), under the heading ``Section 110(a)(2) 
Infrastructure Requirements,'' by revising the entries for ``2006 24-
hour PM2.5 NAAQS Infrastructure Requirements'', ``2008 Lead 
NAAQS Infrastructure Requirements'', ``2008 Ozone NAAQS Infrastructure 
Requirements'', ``2010 NO2 NAAQS Infrastructure 
Requirements'', and ``2010 SO2 NAAQS Infrastructure 
Requirements''.
    The additions and revisions read as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *

[[Page 49674]]



                                 EPA-Approved Illinois Regulations and Statutes
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                                                     State effective
       Illinois citation           Title/subject           date        EPA approval date         Comments
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                                                  * * * * * * *
                             Part 101: General Rules--Subpart A: General Provisions
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101.112........................  Bias and Conflict  7/5/2017.........  9/23/2019,         Only paragraph (d).
                                  of Interest.                          [Insert Federal
                                                                        Register
                                                                        citation].
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

                       EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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                                     Applicable
                                   geographic or     State submittal
     Name of SIP provision         nonattainment           date        EPA approval date         Comments
                                        area
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                                                  * * * * * * *
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                                  Section 110(a)(2) Infrastructure Requirements
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                                                  * * * * * * *
2006 24-hour PM2.5 NAAQS         Statewide........  08/09/11,          9/23/2019,         All CAA infrastructure
 Infrastructure Requirements.                        supplemented on    [Insert Federal    elements under
                                                     08/25/11, 06/27/   Register           110(a)(2) have been
                                                     12, and 7/5/2017.  citation].         approved except
                                                                                           (D)(i)(I) [Prongs 1
                                                                                           and 2], (D)(ii), and
                                                                                           the PSD portions of
                                                                                           (C), (D)(i)(II)
                                                                                           [Prong 3], and (J),
                                                                                           which have been
                                                                                           disapproved. The
                                                                                           disapproved elements
                                                                                           have Federal
                                                                                           Implementation Plans
                                                                                           (FIP) in place and no
                                                                                           further action is
                                                                                           needed.
2008 Lead NAAQS Infrastructure   Statewide........  12/31/12 and 7/5/  9/23/2019,         All CAA infrastructure
 Requirements.                                       2017.              [Insert Federal    elements under
                                                                        Register           110(a)(2) have been
                                                                        citation].         approved except
                                                                                           (D)(ii), and the PSD
                                                                                           portions of (C),
                                                                                           (D)(i)(II) [Prong 3],
                                                                                           and (J), which have
                                                                                           been disapproved. The
                                                                                           disapproved elements
                                                                                           have Federal
                                                                                           Implementation Plans
                                                                                           (FIP) in place and no
                                                                                           further action is
                                                                                           needed.
2008 Ozone NAAQS Infrastructure  Statewide........  12/31/12 and 7/5/  9/23/2019,         All CAA infrastructure
 Requirements.                                       2017.              [Insert Federal    elements under
                                                                        Register           110(a)(2) have been
                                                                        citation].         approved except
                                                                                           (D)(i)(I) [Prongs 1
                                                                                           and 2], (D)(ii), and
                                                                                           the PSD portions of
                                                                                           (C), (D)(i)(II)
                                                                                           [Prong 3], and (J),
                                                                                           which have been
                                                                                           disapproved. The
                                                                                           disapproved elements
                                                                                           have Federal
                                                                                           Implementation Plans
                                                                                           (FIP) in place and no
                                                                                           further action is
                                                                                           needed.
2010 NO2 NAAQS Infrastructure    Statewide........  12/31/12 and 7/5/  9/23/2019,         All CAA infrastructure
 Requirements.                                       2017.              [Insert Federal    elements under
                                                                        Register           110(a)(2) have been
                                                                        citation].         approved except
                                                                                           (D)(ii), and the PSD
                                                                                           portions of (C),
                                                                                           (D)(i)(II) [Prong 3],
                                                                                           and (J), which have
                                                                                           been disapproved. The
                                                                                           disapproved elements
                                                                                           have Federal
                                                                                           Implementation Plans
                                                                                           (FIP) in place and no
                                                                                           further action is
                                                                                           needed.
2010 SO2 NAAQS Infrastructure    Statewide........  12/31/12 and 7/5/  9/23/2019,         All CAA infrastructure
 Requirements.                                       2017.              [Insert Federal    elements under
                                                                        Register           110(a)(2) have been
                                                                        citation].         approved except
                                                                                           (D)(ii), and the PSD
                                                                                           portions of (C),
                                                                                           (D)(i)(II) [Prong 3],
                                                                                           and (J), which have
                                                                                           been disapproved, and
                                                                                           (D)(i)(I) [Prongs 1
                                                                                           and 2], which have
                                                                                           not yet been
                                                                                           submitted. The
                                                                                           disapproved elements
                                                                                           have Federal
                                                                                           Implementation Plans
                                                                                           (FIP) in place and no
                                                                                           further action is
                                                                                           needed.
 
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[FR Doc. 2019-20129 Filed 9-20-19; 8:45 am]
 BILLING CODE 6560-50-P


