Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Rules and Regulations 29535 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0969; EPA–R05– 

OAR–2012–0991; EPA–R05–OAR–2013– 

0435; FRL–9927–94–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: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve some elements of state 

implementation plan (SIP) submissions 

from Illinois regarding the infrastructure 

requirements of section 110 of the Clean 

Air Act (CAA) for the 2008 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. In this 

action, EPA is specifically approving 

infrastructure requirements concerning 

emission limits and other control 

measures. The proposed rulemaking 

associated with today’s final action was 

published on February 27, 2015, and 

EPA received no comments during the 

comment period, which ended on 

March 30, 2015. 

DATES: This final rule is effective on 

June 22, 2015. 

ADDRESSES: EPA has established dockets 

for this action under Docket ID No. 

EPA–R05–OAR–2011–0969 (2008 ozone 

infrastructure SIP elements), Docket ID 

No. EPA–R05–OAR–2012–0991 (2010 

NO2 infrastructure SIP elements), and 

Docket ID No. EPA–R05–OAR–2013– 

0435 (2010 SO2 infrastructure SIP 

elements). 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., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publiclyavailable only in hard copy. Publiclyavailable 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 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 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? 

A. What state SIP submission does this 

rulemaking address? 

This rulemaking addresses three 

submissions from December 31, 2012, 

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. 

B. Why did the state make these SIP 

submissions? 

Under sections 110(a)(1) and (2) of the 

CAA, states are required to submit 

infrastructure SIPs to ensure that their 

SIPs provide for implementation, 

maintenance, and enforcement of the 

NAAQS, including the 2008 ozone, 

2010 NO2, and 2010 SO2 NAAQS. These 

submissions must contain any revisions 

needed for meeting the applicable SIP 

requirements of section 110(a)(2), or 

certifications that their existing SIPs for 

the NAAQS already meet those 

requirements. 

EPA has highlighted this statutory 

requirement in multiple guidance 

documents, including the most recent 

guidance document entitled ‘‘Guidance 

on Infrastructure State Implementation 

Plan (SIP) Elements under Clean Air Act 

Sections 110(a)(1) and (2)’’ issued on 

September 13, 2013. 

C. What is the scope of this rulemaking? 

EPA is acting upon the SIP 

submissions from Illinois that address 

the infrastructure requirements of CAA 

sections 110(a)(1) and 110(a)(2) 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. 

In this specific rulemaking, EPA 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. 

II. What is our response to comments 

received on the proposed rulemaking? 

The proposed rulemaking associated 

with today’s final action was published 

on February 27, 2015 (80 FR 10652), and 

EPA received no comments during the 

comment period, which ended on 

March 30, 2015. 

III. What action is EPA taking? 

To meet the infrastructure element 

under CAA section 110(a)(2)(A), IEPA 

has identified rules and regulations that 

provide control measures and limit 

emissions of pollutants relevant to the 

2008 ozone, 2010 NO2, and 2010 SO2

NAAQS. For the reasons discussed in 

our proposed rulemaking, EPA is taking 

final action to approve, as proposed, 

Illinois’ submittal 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. 

IV. 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 


tkelley on DSK3SPTVN1PROD with RULES
29536 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Rules and Regulations 

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). 

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 July 21, 2015. 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 section 

307(b)(2).) 

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: May 13, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.745 is amended by 

revising paragraphs (e), (f), and (g) to 

read as follows: 

§ 52.745 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(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, and (K) through (M). EPA 

is disapproving Illinois’ submission 

addressing the prevention of significant 

deterioration, in (C), (D)(i)(II), and the 

prevention of significant deterioration 

(PSD) portion of (J). EPA is not taking 

action on the state board requirements 

of (E). Although EPA is disapproving 

portions of Illinois’ submission 

addressing the prevention of significant 

deterioration, Illinois continues to 

implement the Federally promulgated 

rules for this purpose as they pertain to 

(C), (D)(i)(II), and the prevention of 

significant deterioration (PSD) portion 

of (J). 

(f) 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 2010 nitrogen 

dioxide (NO2) 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)(I), (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, and (K) 

through (M). EPA is disapproving 

Illinois’ submission addressing the 

prevention of significant deterioration, 

in (C), (D)(i)(II), and the prevention of 

significant deterioration (PSD) portion 

of (J). EPA is not taking action on the 

state board requirements of (E). 

Although EPA is disapproving portions 

of Illinois’ submission addressing the 

prevention of significant deterioration, 

Illinois continues to implement the 

Federally promulgated rules for this 

purpose as they pertain to (C), (D)(i)(II), 

and the prevention of significant 

deterioration (PSD) portion of (J). 

(g) 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 2010 sulfur dioxide 

(SO2) 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, and (K) 

through (M). EPA is disapproving 

Illinois’ submission addressing the 

prevention of significant deterioration, 

in (C), (D)(i)(II), and the prevention of 

significant deterioration (PSD) portion 

of (J). EPA is not taking action on the 

state board requirements of (E). 


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Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Rules and Regulations 29537 

Although EPA is disapproving portions 

of Illinois’ submission addressing the 

prevention of significant deterioration, 

Illinois continues to implement the 

Federally promulgated rules for this 

purpose as they pertain to (C), (D)(i)(II), 

and the prevention of significant 

deterioration (PSD) portion of (J). 

[FR Doc. 2015–12355 Filed 5–21–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[EPA–R2–OW–2014–0587; FRL–9928–04- 

Region 2] 

Modification of the Designations of the 

Caribbean Ocean Dredged Material 

Disposal Sites 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Through this rulemaking, the 

U.S. Environmental Protection Agency 

(EPA) is modifying the designations for 

the five Ocean Dredged Material 

Disposal Sites (ODMDS) around Puerto 

Rico (San Juan Harbor, PR ODMDS; 

Yabucoa Harbor, PR ODMDS; Ponce 

Harbor, PR ODMDS; Mayaguez Harbor, 

PR ODMDS; Arecibo Harbor, PR 

ODMDS). Currently, each of the ODMDS 

is restricted to only allow disposal of 

dredged material from the specific 

harbor for which it is named. This 

modification removes the restriction 

that limits eligibility for disposal at each 

of the disposal sites based solely on the 

geographic origin of the dredged 

material. The modifications to the site 

designations do not actually authorize 

the disposal of any particular dredged 

material at any site. All proposals to 

dispose of dredged material at any of the 

designated sites will continue to be 

subject to project-specific reviews and 

must still be demonstrated to satisfy the 

criteria for ocean dumping before any 

material is authorized for disposal. This 

rulemaking was taken to provide longterm flexibility for management of any 

dredged material that may potentially be 

derived from maintenance, 

development, or emergency activities in 

areas outside those harbors provided for 

in the original designations. The 

modifications to the site designations 

are for an indefinite period of time. Each 

ODMDS will continue to be monitored 

to ensure that significant unacceptable, 

adverse environmental impacts do not 

occur as a result of dredged material 

disposal at the site. 

DATES: This final rule is effective on 

June 22, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OW–2014–0587. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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, 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 

http://www.regulations.gov or in hard 

copy by appointment at the Dredging, 

Sediment and Oceans Section (CWD), 

U.S. Environmental Protection Agency, 

Region 2, 290 Broadway, New York, NY 

10007. This Docket Facility is open from 

8:30 a.m. and 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket telephone number 

is 212–637–3799. 

FOR FURTHER INFORMATION CONTACT: 

Mark Reiss, Clean Water Division 

Region 2 (24th Floor), Environmental 

Protection Agency, 290 Broadway New 

York, NY 10007; telephone number: 

212–637–3799; fax number: 212–637– 

3891; email address: reiss.mark@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Final Action 

III. Regulatory Reviews 

IV. Statutory and Executive Order Reviews 

I. Background 

Section 102(c) of the Marine 

Protection, Research, and Sanctuaries 

Act (MPRSA) of 1972, as amended, 33 

U.S.C. 1401 et seq., gives the 

Administrator of EPA the authority to 

designate sites where ocean disposal 

may be permitted. On October 1, 1986, 

the Administrator delegated the 

authority to designate ocean disposal 

sites to the Regional Administrator of 

the Region in which the sites are 

located. These modifications are being 

made pursuant to that authority. EPA is 

conducting this rulemaking to remove 

the geographic restrictions on the origin 

of the dredged material that can be 

disposed from the designations of the 

San Juan Harbor, PR Ponce Harbor, PR, 

Yabucoa Harbor, PR, Mayaguez Harbor, 

PR and Arecibo Harbor, PR ODMDSs. 

The site modifications in this action 

provide the Corps, Commonwealth of 

Puerto Rico, municipal, and private 

entities with greater long term flexibility 

in managing dredged materials outside 

the specific harbors provided for in the 

original designations. 

The background for today’s action is 

discussed in detail in EPA’s October 14, 

2014, proposal (79 FR 61591). The EPA 

received two comments on the proposed 

rule that supported the rulemaking. One 

of the letters raised some general 

concerns about the need to ensure that 

sensitive marine habitats are not 

adversely impacted by activities 

allowed by this rulemaking. 

Modification of the designation of 

ocean disposal sites under 40 CFR part 

228 is essentially a preliminary, 

planning measure. The practical effect 

of such a designation is only to require 

that if future ocean disposal activity is 

permitted and/or authorized (in the case 

of Corps projects) under 40 CFR part 

227, then such disposal should 

normally be consolidated at the 

designated sites (see 33 U.S.C. 1413(b).) 

Modification of the designation of an 

ocean disposal site does not authorize 

any actual disposal and does not 

preclude EPA or the Corps from finding 

available and environmentally 

preferable alternative means of 

managing dredged materials, or from 

finding that certain dredged material is 

not suitable for ocean disposal under 

the applicable regulatory criteria. 

This modification provides flexibility 

for management of dredged material 

from areas outside the harbors provided 

for in the original designations. 

However, it should be emphasized that 

modification of the designations of the 

ODMDS does not constitute or imply 

Corps’ or EPA’s approval of open water 

disposal of dredged material from any 

specific project. Before disposal of 

dredged material at any site may 

commence, Essential Fish Habitat and 

Endangered Species Act consultations 

must be completed, and EPA and the 

Corps must evaluate the proposal and 

authorize disposal according to the 

ocean dumping regulatory criteria (40 

CFR part 227). All projects proposed for 

disposal at the ODMDS will be subject 

to review and comment by the relevant 

resource agencies and the public to 

ensure that any concerns regarding 

potential impacts associated with 

transport of material from the project 

area to the ODMDS are addressed before 

they are authorized for disposal. All 

transport and disposal activities must 

adhere to the strict provisions and 

restrictions laid out for each site in its 

Site Monitoring and Management Plan, 

which include specific monitoring and 

management requirements to avoid 

impacts to sensitive habitats. Finally, 

EPA has the right to disapprove the 

actual disposal, if it determines that 


tkelley on DSK3SPTVN1PROD with RULES