Rule2022-07346
Air Plan Approval; Illinois; Infrastructure SIP Requirements for the 2012 PM2.5 and 2015 Ozone NAAQS
Primary source
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Published
April 8, 2022
Effective
May 9, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving elements of a State Implementation Plan (SIP) revision submitted by the State of Illinois regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2012 annual fine particulate matter (PM<INF>2.5</INF>) and 2015 ozone National Ambient Air Quality Standards (NAAQS). Further, EPA is approving the infrastructure requirements related to Prevention of Significant Deterioration (PSD) for previous 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. EPA received comments on its September 29, 2021, proposed rule and withdrew the accompanying Direct Final Rule (DFR). After considering the comments, EPA is approving the revisions to the Illinois SIP as requested by the State on September 29, 2017, May 16, 2019, and September 22, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 68 (Friday, April 8, 2022)</title>
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[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Rules and Regulations]
[Pages 20715-20719]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07346]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2017-0583; EPA-R05-OAR-2019-0311; EPA-R05-OAR-2020-0501;
FRL-9056-04-R5]
Air Plan Approval; Illinois; Infrastructure SIP Requirements for
the 2012 PM2.5 and 2015 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of a State Implementation Plan (SIP) revision submitted by the
State of Illinois regarding the infrastructure requirements of section
110 of the Clean Air Act (CAA) for the 2012 annual fine particulate
matter (PM<INF>2.5</INF>) and 2015 ozone National Ambient Air Quality
Standards (NAAQS). Further, EPA is approving the infrastructure
requirements related to Prevention of Significant Deterioration (PSD)
for previous 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. EPA received comments on its September 29, 2021,
proposed rule and withdrew the accompanying Direct Final Rule (DFR).
After considering the comments, EPA is approving the revisions to the
Illinois SIP as requested by the State on September 29, 2017, May 16,
2019, and September 22, 2020.
DATES: This final rule is effective on May 9, 2022.
ADDRESSES: EPA has established dockets for this action under Docket ID
No. EPA-R05-OAR-2017-0583 (for PM<INF>2.5</INF>), EPA-R05-OAR-2019-0311
(for ozone), and EPA-R05-OAR-2020-0501 (for PSD) at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 and facility closures
due to COVID-19. We recommend that you telephone Olivia Davidson,
Environmental Scientist, at (312) 886-0266 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Olivia Davidson, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-0266,
<a href="/cdn-cgi/l/email-protection#90f4f1e6f9f4e3fffebefffcf9e6f9f1d0f5e0f1bef7ffe6"><span class="__cf_email__" data-cfemail="bcd8ddcad5d8cfd3d292d3d0d5cad5ddfcd9ccdd92dbd3ca">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On September 29, 2021 (86 FR 53872), EPA published a DFR approving
elements of infrastructure SIP revisions submitted by the Illinois
Environmental Protection Agency (IEPA) on September 29, 2017, May 16,
2019, and September 22, 2020, to address the infrastructure
requirements of CAA sections 110(a)(1) and (2) for the 2012
PM<INF>2.5</INF> and 2015 ozone NAAQS, respectively. In the DFR, EPA
also approved the infrastructure requirements related to Prevention of
Significant Deterioration (PSD) \1\ for 1997 ozone, 1997
PM<INF>2.5</INF>, 2006 PM<INF>2.5</INF>, 2008 ozone, 2008 lead, 2010
Nitrogen Dioxide (NO<INF>2</INF>), and 2010 Sulfur Dioxide
(SO<INF>2</INF>) NAAQS. An explanation of the CAA requirements, a
detailed analysis of the SIP submission, and EPA's reasons for
proposing approval were provided in the DFR and will not be restated
here.
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\1\ Previously, PSD permits in Illinois have been issued under a
Federal Implementation Plan (FIP). Since April 7, 1980, IEPA has
issued PSD permits under a delegation agreement with EPA that
authorizes IEPA to implement the FIP (January 29, 1981, 46 FR 9580).
Under a November 16, 1981 amendment to the 1980 Delegation
Agreement, IEPA also had the authority to amend or revise any PSD
permit issued by EPA under the FIP. See 86 FR 22372, 22373 (April
28, 2021). On September 22, 2020, IEPA submitted to EPA a request to
revise the Illinois SIP to establish a SIP-approved PSD program in
Illinois, which was approved on September 9, 2021 (86 FR 50459), and
addressed comments received during EPA's public comment period.
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In the DFR, EPA stated that if adverse comments were received by
October 29, 2021, the rule would be withdrawn and not take effect. On
October 27, 2021, EPA received one set of adverse comments and, as a
result, revised its regulations on January 18, 2022 (87 FR 2554),
because EPA was unable to withdraw the DFR before it took effect. EPA
is addressing the comments in this final action based upon the notice
of proposed rulemaking (NPRM) also published on September 29, 2021. See
86 FR 53915.
II. EPA's Response to Comments
A summary of the comments, and EPA's response, is provided below.
Comment: The commenters state that EPA should not have used a DFR
for this action because EPA did not have good cause under 5 U.S.C. to
forgo normal notice-and-comment procedures (i.e., publishing an NPRM
and accepting comments 30 days before the rule's effective date),
because EPA allegedly did not find that compliance with the 30-day
requirement was either ``impracticable, unnecessary, or contrary to the
public interest,'' nor did EPA incorporate such a finding ``and a brief
statement of the reasons therefor'' in the DFR. 5 U.S.C. 553(b)(B). In
the DFR, EPA stated that this action was a ``noncontroversial
amendment'' to the existing Illinois SIP and that it anticipated no
adverse comments. The commenters argue that these statements fail to
satisfy the good cause exemption under 5 U.S.C. 553. The commenters
assert that infrastructure SIP actions, even when the public fails to
comment, are not necessarily ``noncontroversial,'' because such actions
involve detailed reviews and have been subject to litigation. For this
reason, the commenters argue EPA should never use DFRs to approve an
infrastructure SIP submission. The commenters encourage EPA to commence
a separate rulemaking to govern its use of DFRs.
Response: EPA disagrees that it was inappropriate to use a DFR for
this infrastructure SIP action. Since September 1981, EPA has used DFRs
for SIP actions that are noncontroversial and where it reasonably
expects no adverse public comments.\2\ These
[[Page 20716]]
actions have included approvals of infrastructure SIP submittals.\3\
EPA's current procedure for these types of actions, as described in the
DFR,\4\ has been to publish a DFR for the SIP action and at the same
time commence a conventional rulemaking proceeding for the same rule by
publishing a NPRM.\5\ If EPA receives adverse comments within 30 days
after publishing the DFR, it withdraws the DFR by publishing a
withdrawal action in the Federal Register; the substance of the DFR
then serves as the detailed basis for the NPRM, and EPA addresses the
adverse comments in the final rule. EPA believes this approach ``can
save time and resources while maintaining the public's right to
comment.'' \6\
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\2\ See 46 FR 44476, 44477 (Sept. 4, 1981) (``Because of the
straightforward nature of some actions or the narrowness of their
scope, many SIP revisions get few, if any, comments from the public
during the comment period.''); 47 FR 27073, 27074 (June 23, 1982)
(``as part of EPA's new SIP processing program, a SIP revision that
is judged by EPA to be noncontroversial and where no adverse public
comments are anticipated, will be published as a final rulemaking
without first going through a proposed rulemaking phase''); 59 FR
24054, 24054 (May 10, 1994) (actions that are noncontroversial, and
where no adverse public comment is anticipated, ``do not have to be
limited to trivial administrative changes''). See also Ronald M.
Levin, Direct Final Rulemaking, 64 Geo. Wash. L. Rev. 1, 4-6 (1995);
Memorandum from Leslye Fraser, Asst. Gen. Counsel, U.S. EPA,
Guidance on Direct Final Rulemaking (Oct. 29, 1998), available at
<a href="https://cfpub.epa.gov/oarwebadmin/sipman/sipman/mAppContent.cfm?chap=99&OtherFile=appendix/dfrguide&RequestTimeOut=500">https://cfpub.epa.gov/oarwebadmin/sipman/sipman/mAppContent.cfm?chap=99&OtherFile=appendix/dfrguide&RequestTimeOut=500</a> (actions that are noncontroversial and
for which EPA expects no adverse comment ``generally include non-
controversial amendments, non-controversial rulemakings, and routine
or minor actions'').
\3\ For recent examples, see 85 FR 14578 (March 13, 2020) and 82
FR 43848 (September 20, 2017).
\4\ 86 FR 53880 (September 29, 2021).
\5\ For EPA's description of this procedure, see 59 FR at 24054
(May 10, 1994) and Fraser, supra note 2. See also 47 FR 27074 (June
23, 1982) (requiring EPA to state in DFRs for SIP revisions that
``no comments are anticipated and that, unless notice is received
within 30 days that someone wishes to submit adverse or critical
comments, the rulemaking will be effective 60 days from the date the
notice is published'').
\6\ 46 FR 44777 (September 8, 1981).
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EPA viewed Illinois' infrastructure SIP submissions for these
specific NAAQS as noncontroversial and anticipated no adverse comment
for two reasons. First, EPA believed that Illinois' SIP submissions for
these NAAQS straightforwardly met the relevant CAA infrastructure SIP
requirements. Second, IEPA in its own state level rulemaking process to
develop the infrastructure SIP submissions held 30-day periods for the
public to comment on or to submit public hearing requests for the 2012
PM<INF>2.5</INF> and 2015 ozone NAAQS (on June 23, 2017 and November
16, 2018, respectively), but IEPA received no requests for a public
hearing during the comment periods and no comments on the portions of
the Illinois submission addressed in the DFR.\7\ The DFR included these
details on the state level actions.\8\ Because IEPA received no
comments on the portions of Illinois' submissions on which EPA is
acting during its own public comment periods, EPA did not believe the
proposed SIP revision was controversial and expected no public comments
for this action.
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\7\ Illinois' September 22, 2020, submittal also requested a SIP
revision to establish a SIP-approved PSD program in Illinois. EPA
approved the PSD permitting program on September 9, 2021 (86 FR
50459). In the final rule, EPA responded to adverse comments
received during the public comment period for its proposed approval
of Illinois' PSD program. Further, IEPA received comments on section
110(a)(2)(D)(i)(I) Prongs 1 and 2 pertaining to interstate transport
requirements, of which EPA disapproved on February 22, 2022 (87 FR
9838).
\8\ 86 FR at 53873.
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As the commenters point out, and consistent with Agency policy, EPA
made a brief statement in the DFR that it viewed the action as a
noncontroversial SIP amendment and anticipated no adverse comments.\9\
In response to the adverse comments, EPA removed the DFR and is
addressing the comments in this rule. As the NPRM and the DFR appeared
on the same day in the Federal Register (September 29, 2021), EPA's
procedure preserved the public's opportunity to comment on this action.
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\9\ Id. at 53880. Nearly identical statements appear in recent
DFRs, supra n.3. See 85 FR at 14584 (March 13, 2020); 82 FR at 43849
(September 20, 2017). They are all consistent with the guidance in
the Fraser Memorandum, supra n.2.
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Comment: The commenters argue that the EPA's proposed approval of
Illinois' submittal, which considered the 2021 Annual Air Monitoring
Network Plan (the ``plan'') for satisfaction of CAA section
110(a)(2)(B), should have considered the 2022 plan.
Response: EPA disagrees that approval of the monitoring plan
requirements of CAA section 110(a)(2)(B) cannot be finalized without
approval of the 2022 plan. At the time of the proposal, EPA was still
in the process of reviewing the 2022 plan. The 2021 plan was the most
recently approved plan, and hence was the correct plan to reference for
satisfaction of CAA section 110(a)(2)(B). As the commenters suggest,
EPA was working with IEPA to establish a lead monitor location for
approval as part of the 2022 plan, but this change would not affect the
ability of the State to monitor PM<INF>2.5</INF> and ozone; in fact,
the number of ozone and PM<INF>2.5</INF> monitors will not change under
the 2022 plan.\10\ Further, IEPA's submittal satisfies other
requirements of CAA section 110(a)(2)(B) as discussed in the proposal.
To fulfill monitoring network obligations, the submission must
demonstrate that the state: (i) Monitors air quality at appropriate
locations throughout the state using EPA-approved Federal Reference
Method or Federal Equivalent Method monitors; (ii) submits data to
EPA's Air Quality System in a timely manner; and (iii) provides EPA
Regional Offices with prior notification of any planned changes to
monitoring sites or the network plan.\11\ All of the above elements are
met by IEPA's submittal. Therefore, EPA continues to find that Illinois
has met the infrastructure SIP requirements of CAA section 110(a)(2)(B)
with respect to the 2012 PM<INF>2.5</INF> and 2015 ozone NAAQS.
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\10\ The 2022 plan is available on IEPA's website and was
available for public comment in July 2021. The 2022 plan has since
been approved by EPA as of December 21, 2021.
\11\ See generally, 40 CFR part 58.
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Comment: Lastly, the commenters claim that Illinois failed to
provide necessary assurances under CAA section 110(a)(2)(E) that the
state will have adequate funding and personnel to carry out its
approved SIP. In particular, the commenters claim that the assurances
IEPA did provide are vague and limited to permitting activities. The
commenters also allege that IEPA has for many years been understaffed
and under-resourced to handle its existing volume of regulatory
obligations.
Response: EPA disagrees that IEPA has not provided sufficient
information about its funding and personnel to provide necessary
assurances as required by section 110(a)(2)(E). EPA acknowledges that
IEPA has had staff and funding declines over the years due to reduced
legislative budget allocations, facility shutdowns that result in
reduced permitting fees (particularly by large emitters such as coal-
fired power plants), and other factors. However, EPA disagrees that
IEPA's assurances to meet CAA section 110(a)(2)(E) are too vague and
limited to permitting. In response to the commenter's concern, EPA has
again evaluated the information provided concerning its funding and
personnel for implementation of its SIP and has concluded that IEPA has
provided necessary assurances sufficient to meet the requirements of
section 110(a)(2)(E) with respect to the 2012 PM<INF>2.5</INF> and 2015
ozone NAAQS.
While CAA section 110(a)(2)(E) requires each state to provide
necessary assurances that the state will have adequate personnel,
funding, and authority under state law to carry out the SIP, it does
not mandate a specific methodology for EPA to use when evaluating the
adequacy of resources to implement the SIP. See 76 FR 42549, 42554
(July 19, 2011). Even so, the commenters only highlight budget cuts at
IEPA leading up to 2018, but do not
[[Page 20717]]
consider increases in IEPA's revenue and budget. For instance, as
discussed in IEPA's referenced submissions, Public Act 097-0095/House
Bill 1297 \12\ was signed into effect in 2011 by the Illinois Governor
to increase operating permit fees. More recently, EPA notes the
increase in enacted funding for IEPA to $380 million in 2019, $450
million in 2020, and $514 million in 2021.\13\ Further, staff in IEPA's
Bureau of Air has increased from 164 to an estimated 185 (with 194
targeted for FY 2022), and the enacted appropriation for the Bureau of
Air has increased from $147,825,800 in FY 2020 to $156,808,200 in FY
2021 (with $158,536,300 proposed for FY 2022).\14\
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\12\ See Chapter 415, section 5 of the Illinois Compiled
Statutes (415 ILCS 5/9.6).
\13\ See <a href="https://www2.illinois.gov/sites/budget/Pages/InteractiveBudget.aspx">https://www2.illinois.gov/sites/budget/Pages/InteractiveBudget.aspx</a> (last visited Feb. 1, 2022). The enacted
total IEPA budget for 2021 appears to be the same figure as proposed
by the Illinois Governor. See <a href="https://www2.illinois.gov/sites/budget/Documents/Budget%20Book/FY2021-Budget-Book/Fiscal-Year-2021-Operating-Budget-Book.pdf">https://www2.illinois.gov/sites/budget/Documents/Budget%20Book/FY2021-Budget-Book/Fiscal-Year-2021-Operating-Budget-Book.pdf</a> at 79.
\14\ See Ill. Office of Mgmt. & Budget, Exec. Office of the
Governor, Ill. State Operating Budget, Fiscal Year 2022, available
at <a href="https://www2.illinois.gov/sites/budget/Documents/Budget%20Book/FY2022-Budget-Book/Fiscal-Year-2022-Operating-Budget.pdf">https://www2.illinois.gov/sites/budget/Documents/Budget%20Book/FY2022-Budget-Book/Fiscal-Year-2022-Operating-Budget.pdf</a>.
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While the commenters expressed concern that that IEPA's statement
about its current number of full-time permit engineers and the revenue
stream from permit fees is unreasonably vague and can't be relied upon
for SIP approval, EPA did not rely solely on this statement in
evaluating Illinois' submittal with respect to funding and personnel.
In addition to the budget figures cited above and other sources of
funding available to the State under State statutes and rules pursuant
to CAA section 110(a)(2), EPA considered IEPA's fulfillment of its
obligations under the Performance Partnership Agreement with EPA.\15\
EPA also considered IEPA's fulfillment of its grant obligations under
CAA section 105, which provides monies to help support the foundation
of the state's air quality program, including air monitoring,
enforcement, and SIP development. States are required to provide
matching monies to receive their grant, and EPA evaluates the
performance of the State each year. EPA determined in July 2021 that,
as of fiscal year 2020, Illinois has satisfactorily completed its air
program obligations as called for under the CAA section 105 grant,
including meeting specific measures related to maintenance of an EPA-
approved statewide air quality surveillance network required by section
110(a)(2)(B) of the CAA.
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\15\ See <a href="https://www2.illinois.gov/epa/about-us/Pages/performance-partnership-agreement.aspx">https://www2.illinois.gov/epa/about-us/Pages/performance-partnership-agreement.aspx</a>.
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If, in the future, EPA determines that Illinois does not have
adequate personnel or funding to carry out its SIP, or for any other
reason fails to meet any requirement of its approved SIP, then EPA may
exercise its authority pursuant to CAA sections 110(a)(2)(E), 179, or
110(k)(5) to impose sanctions and other remedies on the State as
allowed by the CAA. The action that EPA is taking here does not limit
EPA's authority pursuant to those CAA sections.\16\
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\16\ See also, 86 FR 50459, 50462.
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III. What action is EPA taking?
EPA is approving the majority of two infrastructure SIP submissions
from IEPA to address the required infrastructure elements under
sections 110(a)(1) and (2) for the 2012 PM<INF>2.5</INF> and 2015 ozone
NAAQS.\17\ The table below summarizes EPA's actions on Illinois'
submittal in satisfaction of the infrastructure SIP requirements
pursuant to section 110(a)(2).\18\ Additionally, EPA is approving
Illinois' submission as meeting the infrastructure SIP requirements of
sections 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) pertaining to PSD
requirements with respect to the 1997 ozone, 1997 PM<INF>2.5</INF>,
2006 PM<INF>2.5</INF>, 2008 ozone, 2008 lead, 2010 NO<INF>2</INF>, and
2010 SO<INF>2</INF> NAAQS.
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\17\ EPA emphasizes that the recently approved PSD provisions
discussed in 110(a)(2)(C), (D) and (J) are not limited to ozone and
PM<INF>2.5</INF>. See Applicability of PSD requirements section in
the DFR for more information on elements approved for the 1997
ozone, 2008 ozone, 2008 lead, 2010 NO<INF>2,</INF> 1997
PM<INF>2.5</INF>, 2006 PM<INF>2.5</INF>, and 2010 SO<INF>2</INF>
NAAQS. 86 FR at 53879.
\18\ In the time since proposed approval of this action, the
portion of IEPA's submission addressing 2015 ozone transport,
section 110(a)(2)(D)(i)(I) prongs 1 and 2 has been proposed for
disapproval (February 22, 2022, 87 FR 9838).
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Element 2012 PM2.5 2015 ozone
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(A)--Emission limits and other control measures............................... A A
(B)--Ambient air quality monitoring/data system............................... A A
(C)1--Program for enforcement of control measures............................. A A
(C)2--Minor NSR............................................................... A A
(C)3--PSD..................................................................... A A
(D)1--I Prong 1: Interstate transport--significant contribution to PA PD
nonattainment................................................................
(D)2--I Prong 2: Interstate transport--interference with maintenance.......... PA PD
(D)3--II Prong 3: Interstate transport--interference with PSD................. A A
(D)4--II Prong 4: Interstate transport--interference with visibility NA NA
protection...................................................................
(D)5--Interstate and international pollution abatement........................ A A
(E)1--Adequate resources...................................................... A A
(E)2--State board requirements................................................ A A
(F)--Stationary source monitoring system...................................... A A
(G)--Emergency powers......................................................... A A
(H)--Future SIP revisions..................................................... A A
(I)--Nonattainment planning requirements of 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/data................................................ A A
(L)--Permitting fees.......................................................... A A
(M)--Consultation/participation by affected local entities.................... A A
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In the above table, the key is as follows:
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A................................. Approve.
NA................................ No Action/Separate Rulemaking.
PA................................ Previously Approved.
PD................................ Previous Proposed Disapproval.
D................................. Disapprove.
[[Page 20718]]
*................................. Not germane to infrastructure SIPs.
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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 impose additional requirements beyond those imposed by state
law. For that reason, this action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 June 7, 2022. 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, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: April 1, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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. In Sec. 52.720, the table in paragraph (e) is amended under the
heading ``Section 110(a)(2) Infrastructure Requirements'' by:
0
a. Revising the entries for ``1997 8-hour Ozone NAAQS Infrastructure
Requirements'', ``1997 PM<INF>2.5</INF> NAAQS Infrastructure
Requirements'', ``2006 24-hour PM<INF>2.5</INF> Infrastructure
Requirements'', ``2008 Lead Infrastructure Requirements'', ``2008 Ozone
NAAQS Infrastructure Requirements'', ``2010 NO<INF>2</INF> NAAQS
Infrastructure Requirements'', ``2010 SO<INF>2</INF> NAAQS
Infrastructure Requirements'', and ``2012 PM<INF>2.5</INF> NAAQS
Infrastructure Requirements''; and
0
b. Adding an entry for ``2015 Ozone NAAQS Infrastructure Requirements''
at the end of the table.
The revisions and addition read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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Applicable
Name of SIP provision geographic or State submittal EPA approval date Comments
nonattainment area date
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* * * * * * *
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Section 110(a)(2) Infrastructure Requirements
----------------------------------------------------------------------------------------------------------------
1997 8-hour Ozone NAAQS Statewide.......... 12/12/2007 and 9/ 4/8/2022, [Insert All CAA
Infrastructure Requirements. 22/2020. Federal Register infrastructure
Citation]. elements under
110(a)(2) have
been approved
except (D)(i)(I)
[Prongs 1 and 2].
A FIP is in place
for these
elements.
1997 PM2.5 NAAQS Infrastructure Statewide.......... 12/12/2007 and 9/ 4/8/2022, [Insert All CAA
Requirements. 22/2020. Federal Register infrastructure
Citation]. elements under
110(a)(2) have
been approved
except (D)(i)(I)
[Prongs 1 and 2].
A FIP is in place
for these
elements.
2006 24-hour PM2.5 NAAQS Statewide.......... 8/9/2011, 4/8/2022, [Insert All CAA
Infrastructure Requirements. supplemented on 8/ Federal Register infrastructure
25/2011, 6/27/ Citation]. elements under
2012, 7/5/2017 110(a)(2) have
and 9/22/2020. been approved
except (D)(i)(I)
[Prongs 1 and 2].
A FIP is in place
for these
elements.
[[Page 20719]]
2008 Lead NAAQS Infrastructure Statewide.......... 12/31/2012, 7/5/ 4/8/2022, [Insert All CAA
Requirements. 2017 and 9/22/ Federal Register infrastructure
2020. Citation]. elements under
110(a)(2) have
been approved.
2008 Ozone NAAQS Infrastructure Statewide.......... 12/31/2012, 7/5/ 4/8/2022, [Insert All CAA
Requirements. 2017 and 9/22/ Federal Register infrastructure
2020. Citation]. elements under
110(a)(2) have
been approved
except (D)(i)(I)
[Prongs 1 and 2].
A FIP is in place
for these
elements.
2010 NO2 NAAQS Infrastructure Statewide.......... 12/31/2012, 7/5/ 4/8/2022, [Insert All CAA
Requirements. 2017 and 9/22/ Federal Register infrastructure
2020. Citation]. elements under
110(a)(2) have
been approved.
2010 SO2 NAAQS Infrastructure Statewide.......... 12/31/2012, 7/5/ 4/8/2022, [Insert All CAA
Requirements. 2017 and 9/22/ Federal Register infrastructure
2020. Citation]. elements under
110(a)(2) have
been approved
except (D)(i)(I)
[Prongs 1 and 2],
which have not
yet been
submitted.
2012 PM2.5 NAAQS Infrastructure Statewide.......... 9/29/2017 and 9/22/ 4/8/2022, [Insert All CAA
Requirements. 2020. Federal Register infrastructure
Citation]. elements under
110(a)(2) have
been approved
except (D)(i)(II)
Prong 4.
2015 Ozone NAAQS Infrastructure Statewide.......... 5/16/2019 and 9/22/ 4/8/2022, [Insert All CAA
Requirements. 2020. Federal Register infrastructure
Citation]. elements under
110(a)(2) have
been approved
except (D)(i)(I)
and Prong 4 of
(D)(i)(II) Prong
4.
* * * * * * *
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* * * * *
[FR Doc. 2022-07346 Filed 4-7-22; 8:45 am]
BILLING CODE 6560-50-P
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