10652 Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Proposed Rules 

Element 2010 NO2 2010 SO2

(D)4: Visibility ........................................................................................................................................................... NA NA 

(D)5: Interstate and International Pollution Abatement ........................................................................................... A A 

(E): Adequate resources .......................................................................................................................................... A A 

(E): State boards ..................................................................................................................................................... A A 

(F): Stationary source monitoring system ............................................................................................................... A A 

(G): Emergency power ............................................................................................................................................ A A 

(H): Future SIP revisions ......................................................................................................................................... A A 

(I): Nonattainment area plan or plan revisions under part D .................................................................................. + + 

(J)1: Consultation with government officials ............................................................................................................ A A 

(J)2: Public notification ............................................................................................................................................ A A 

(J)3: PSD ................................................................................................................................................................. A A 

(J)4: Visibility protection ........................................................................................................................................... + + 

(K): Air quality modeling and data ........................................................................................................................... A A 

(L): Permitting fees .................................................................................................................................................. A A 

(M): Consultation and participation by affected local entities ................................................................................. A A 

In the above table, the key is as follows: 

A .................... Approve. 

NA .................. No Action/Separate Rulemaking. 

+ .................... Not germane to infrastructure 

SIPs. 

VI. 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 Order 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Sulfur dioxide, 

Reporting and recordkeeping 

requirements. 

Dated: February 12, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2015–04014 Filed 2–26–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0969; EPA–R05– 

OAR–2012–0991; EPA–R05–OAR–2013– 

0435; FRL–9923–42–Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Emission Limit Infrastructure SIP 

Requirements for the 2008 Ozone, 2010 

NO2, and 2010 SO2 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

some elements of a state 

implementation plan (SIP) submission 

from Illinois regarding the infrastructure 

requirements of section 110 of the Clean 

Air Act (CAA) for the 2008 8-hour 

ground level ozone, 2010 nitrogen 

dioxide (NO2), and 2010 sulfur dioxide 

(SO2) National Ambient Air Quality 

Standards (NAAQS). The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. This 

action is specifically looking at 

infrastructure requirements concerning 

emission limits and other control 

measures. 

DATES: Comments must be received on 

or before March 30, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2011–0969 (2008 ozone 

infrastructure elements), EPA–R05– 

OAR–2012–0991 (2010 NO2

infrastructure elements), or EPA–R05– 

OAR–2013–0435 (2010 SO2

infrastructure elements) by one of the 

following methods: 


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

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–2011–0969 

(2008 ozone infrastructure elements), 

EPA–R05–OAR–2012–0991 (2010 NO2

infrastructure elements), or EPA–R05– 

OAR–2013–0435 (2010 SO2

infrastructure elements). EPA’s policy is 

that all comments received will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

www.regulations.gov or email. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency, Region 5, Air and Radiation 

Division, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. This facility is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Sarah Arra, 

Environmental Scientist, at (312) 886– 

9401 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Arra, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–9401, 

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 a 

December 31, 2012, submission and a 

January 9, 2015, clarification from the 

Illinois Environmental Protection 

Agency (Illinois EPA) intended to 

address all applicable infrastructure 

requirements for the 2008 ozone, 2010 

NO2, and 2010 SO2 NAAQS. 

The requirement for states to make a 

SIP submission of this type arises out of 

CAA section 110(a)(1). Pursuant to 

section 110(a)(1), states must make SIP 

submissions ‘‘within 3 years (or such 

shorter period as the Administrator may 

prescribe) after the promulgation of a 

national primary ambient air quality 

standard (or any revision thereof),’’ and 

these SIP submissions are to provide for 

the ‘‘implementation, maintenance, and 

enforcement’’ of such NAAQS. The 

statute directly imposes on states the 

duty to make these SIP submissions, 

and the requirement to make the 

submissions is not conditioned upon 

EPA’s taking any action other than 

promulgating a new or revised NAAQS. 

Section 110(a)(2) includes a list of 

specific elements that ‘‘[e]ach such 

plan’’ submission must address. 

This specific rulemaking is only 

taking action on the CAA 110(a)(2)(A) 

requirements of these submittals. The 

majority of the other infrastructure 

elements were finalized in an October 

16, 2014 (79 FR 62042), rulemaking. 

III. What is EPA’s review of these SIP 

submissions? 

On September 13, 2013, EPA issued 

‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements 

under Clean Air Act Sections 110(a)(1) 

and 110(a)(2)’’ (2013 Memo). This 

guidance provides, among other things, 

advice on the development of 

infrastructure SIPs for the 2008 ozone, 

the 2010 NO2, the 2010 SO2 NAAQS. As 

noted in the 2013 Memo, pursuant to 

CAA section 110(a), states must provide 

reasonable notice and opportunity for 

public hearing for all infrastructure SIP 

submissions. The public comment 

period for Illinois EPA’s infrastructure 

SIP submission ended on December 26, 

2012; during this period, the state did 

not receive any written comments, nor 

was there a request for a public hearing. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
10654 Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Proposed Rules 

1See, e.g., EPA’s 73 FR 66964 at 67034, final rule 

on ‘‘National Ambient Air Quality Standards for 

Lead.’’ 

EPA is also soliciting comment on our 

evaluation of the state’s infrastructure 

SIP submission in this notice of 

proposed rulemaking. Illinois provided 

a detailed synopsis of how various 

components of its SIP meet each of the 

applicable requirements in section 

110(a)(2) for the 2008 ozone, 2010 NO2, 

and 2010 SO2 NAAQS, as applicable. 

The following review only evaluates the 

state’s submissions for CAA section 

110(a)(2)(A) requirements. 

A. Section 110(a)(2)(A)—Emission 

Limits and Other Control Measures 

This section requires SIPs to include 

enforceable emission limits and other 

control measures, means or techniques, 

schedules for compliance, and other 

related matters. However, EPA has long 

interpreted emission limits and control 

measures for attaining the standards as 

being due when nonattainment 

planning requirements are due.1 In the 

context of an infrastructure SIP, EPA is 

not evaluating the existing SIP 

provisions for this purpose. Instead, 

EPA is only evaluating whether the 

state’s SIP has basic structural 

provisions for the implementation of the 

NAAQS. 

The Illinois Environmental Protection 

Act is contained in chapter 415, section 

5, of the Illinois Compiled Statutes (415 

ILCS 5). 415 ILCS 5/4 provides Illinois 

EPA with the authority to develop rules 

and regulations necessary to meet 

ambient air quality standards. 

Additionally, the Illinois Pollution 

Control Board (IPCB) was created under 

415 ILCS 5, providing the IPCB with the 

authority to develop rules and 

regulations necessary to promote the 

purposes of the Illinois Environmental 

Protection Act. Furthermore, the IPCB 

ensures compliance with required laws 

and other elements of the state’s 

attainment plan that are necessary to 

attain the NAAQS, and to comply with 

the requirements of the CAA (415 ILCS 

5/10). 

The 2013 Memo described above 

states that to satisfy section 110(a)(2)(A) 

requirements, ‘‘an air agency’s 

submission should identify existing 

EPA-approved SIP provisions or new 

SIP provisions that the air agency has 

adopted and submitted for EPA 

approval that limit emissions of 

pollutants relevant to the subject 

NAAQS, including precursors of the 

relevant NAAQS pollutant where 

applicable’’ (2013 Memo at page 18). In 

its January 9, 2015 clarification letter, 

Illinois EPA identified regulations with 

existing controls and emission limits 

that can be applied to the 2008 ozone, 

2010 NO2, and 2010 SO2 NAAQS. These 

regulations include controls and 

emission limits for volatile organic 

compounds (VOC) and nitrogen oxides 

(NOX) which are ozone precursors. 

Existing controls and emission limits 

which control VOC as an ozone 

precursor and can be applied to the 

2008 ozone NAAQS are found in 35 

Illinois Administrative Code (IAC) Parts 

205, 215, 218, 219, and 233. Existing 

controls and emission limits which 

control NOX as an ozone precursor and 

can be applied to the 2008 ozone and 

the 2010 NO2 NAAQS are found in 35 

IAC Parts 217 and 225. Existing controls 

and emission limits which control SO2

and can be applied to the 2010 SO2

NAAQS are found in 35 IAC Parts 214 

and 225. EPA proposes that Illinois has 

met the infrastructure SIP requirements 

of section 110(a)(2)(A) with respect to 

the 2008 ozone, 2010 NO2, and 2010 

SO2 NAAQS. 

In this rulemaking, EPA is not 

proposing to approve any new 

provisions in 35 IAC Parts 205, 214, 

215, 217, 218, 219, 223, and 225 that 

have not been previously approved by 

EPA. In addition, as stated in the 

October 16, 2014 (79 FR 62042), 

rulemaking approving the majority of 

the other infrastructure elements in the 

state’s submission, EPA is not proposing 

to approve or disapprove any existing 

state provisions or rules related to startup, shutdown or malfunction or 

director’s discretion in the context of 

section 110(a)(2)(A). 

IV. What action is EPA taking? 

EPA is proposing to approve 

submissions from Illinois certifying that 

its current SIP is sufficient to meet the 

required infrastructure element under 

CAA section 110(a)(2)(A) for the 2008 

ozone, 2010 NO2, and 2010 SO2

NAAQS. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves State law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Nitrogen dioxide, Sulfur 

dioxide, Reporting and recordkeeping 

requirements. 

Dated: February 12, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2015–04015 Filed 2–26–15; 8:45 am] 

BILLING CODE 6560–50–P 


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