33458 Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0805; EPA–R05– 

OAR–2011–0969; FRL–9928–55–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: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to 

disapprove 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 state’s 

responsibilities under the CAA. This 

action pertains specifically to 

infrastructure requirements concerning 

state board requirements. 

DATES: Comments must be received on 

or before July 13, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0805 (2006 PM2.5

infrastructure elements) and EPA–R05– 

OAR–2011–0969 (2008 ozone 

infrastructure elements) by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

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–2009–0805 

(2006 PM2.5 infrastructure elements) and 

EPA–R05–OAR–2011–0969 (2008 ozone 

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, 

arra.sarah@epa.gov. 

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 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 


srobinson on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Proposed Rules 33459 

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 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), 

rulemakings. 

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 2006 PM2.5

and 2008 ozone 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. Illinois EPA provided 

public comment opportunities on both 

submittals. 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 2006 PM2.5 and 

2008 ozone NAAQS, as applicable. The 

following review only evaluates the 

state’s submissions for CAA section 

110(a)(2)(E)(ii) requirements. 

Section 110(a)(2)(E)(ii)—Compliance 

With State Board Requirements of 

Section 128 

Section 110(a)(2)(E)(ii) requires each 

SIP to contain provisions that comply 

with the state board requirements of 

section 128 of the CAA. That provision 

contains two explicit requirements: (1) 

That any board or body which approves 

permits or enforcement orders under 

this chapter 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 this chapter, 

and (2) 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. The 2013 Memo specifies that 

the provisions that implement CAA 

section 128 would need to be contained 

within the SIP. ‘‘EPA would not 

approve an infrastructure SIP 

submission that only provides a 

narrative description of existing air 

agency laws, rules, and regulations that 

are not approved into the SIP to address 

CAA section 128 requirements.’’ 2013 

Memo at 42. 

After reviewing Illinois’ SIP, EPA has 

made the preliminary determination 

that it does not contain provisions to 

comply with section 128 of the CAA, 

and thus Illinois’ August 9, 2011, and 

December 31, 2012, infrastructure SIP 

submissions do not meet the 

requirements of the CAA. While Illinois 

has state statutes that may address, in 

whole or in part, requirements related to 

state boards at the state level, these 

provisions are not included in the SIP 

as required by the CAA. Based on an 

evaluation of the Federally-approved 

Illinois SIP, EPA is proposing to 

disapprove Illinois’ infrastructure SIP 

submission in regards to meeting the 

requirements of section 110(a)(2)(E)(ii) 

of the CAA for the 2006 PM2.5 and 2008 

ozone NAAQS. 

IV. What action is EPA taking? 

EPA is proposing to disapprove 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. 

V. 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 proposed 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 proposes to 

disapprove state law as not meeting 

Federal requirements and imposes no 

additional requirements beyond those 

imposed by state law. Accordingly, the 

Administrator certifies that this 

proposed 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 rulemaking proposes to 

disapprove 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 

proposes to disapprove 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 proposed 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 rulemaking 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 proposes to 

disapprove a state rule. 

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, 


srobinson on DSK5SPTVN1PROD with PROPOSALS
33460 Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Proposed Rules 

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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: May 19, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2015–14348 Filed 6–11–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2014–0915; FRL–9928–87– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; South Carolina; 

Charlotte-Rock Hill; Base Year 

Emissions Inventory and Emissions 

Statements Requirements for the 2008 

8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the portions of the state implementation 

plan (SIP) revisions submitted by the 

State of South Carolina, through South 

Carolina Department of Health and 

Environmental Control on August 8, 

2014, and August 22, 2014, that address 

the base year emissions inventory and 

emissions statements requirements for 

the State’s portion of the bi-state 

Charlotte-Gastonia-Rock Hill North 

Carolina-South Carolina 2008 8-hour 

ozone national ambient air quality 

standards (NAAQS) nonattainment area. 

Annual emissions reporting (i.e., 

emissions statements) and a base year 

emissions inventory are required for all 

ozone nonattainment areas. The Area is 

comprised of the entire county of 

Mecklenburg and a portion of Cabarrus, 

Gaston, Lincoln, Rowan, Union 

Counties in North Carolina and a 

portion of York County in South 

Carolina. EPA has published proposed 

and direct final actions on the emissions 

inventory and emissions statements 

requirements for the North Carolina 

portion of the bi-state Charlotte Area in 

separate rulemaking documents. 

DATES: Written comments must be 

received on or before July 13, 2015 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2014–0915 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4–ARMS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2014– 

0915,’’ Air Regulatory Management 

Section (formerly the Regulatory 

Development Section), Air Planning and 

Implementation Branch (formerly the 

Air Planning Branch), Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Tiereny Bell, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. Bell 

can be reached at (404) 562–9088 and 

via electronic mail at bell.tiereny@

epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules Section of this Federal Register. 

A detailed rationale for the approval is 

set forth in the direct final rule. If no 

adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all comments received 

will be addressed in a subsequent final 

rule based on this proposed rule. EPA 

will not institute a second comment 

period on this document. Any parties 

interested in commenting on this 

document should do so at this time. 

Dated: May 28, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2015–14346 Filed 6–11–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2013–0369; FRL–9922–39– 

OAR] 

RIN 2060–AS44 

Protection of Stratospheric Ozone: The 

2016 Critical Use Exemption From the 

Phaseout of Methyl Bromide 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing uses that 

qualify for the critical use exemption 

and the amount of methyl bromide that 

may be produced or imported for those 

uses for the 2016 control period. EPA is 

proposing this action under the 

authority of the Clean Air Act to reflect 

consensus decisions of the Parties to the 

Montreal Protocol on Substances that 

Deplete the Ozone Layer at the TwentySixth Meeting of the Parties in 

November 2014. 

DATES: Comments must be received on 

or before July 13, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2013–0369, to the Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or withdrawn. The 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 


srobinson on DSK5SPTVN1PROD with PROPOSALS