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 for this action?

II. What revision did the state request?

III. What action is EPA taking today?

IV. Statutory and Executive Order Reviews.

I. What is the background for this action?

On April 11, 2013, the Illinois EPA submitted a request to EPA to revise the SIP to provide clarification regarding GHGs as it relates to the provisions at 35 IAC Part 254, Annual Emissions Report.

On December 28, 2012, the Illinois EPA published a “Notice of Public Information” in the Illinois Register providing a 30-day public comment period on the proposed revision to its SIP for GHGs relating to the annual emissions report program. The notice also provided for a public hearing if a request for a hearing was received by January 28, 2013. The Illinois EPA received no requests for a public hearing, and placed a “no public hearing request” notice on the Illinois EPA Web site at http://www.epa.state.il.us/​public-notices on February 6, 2013.

II. What revision did the state request?

The state has requested that EPA approve revisions to 35 IAC Part 254, which requires facilities to submit an annual emissions report to Illinois EPA. This revision is a non-substantive technical change that clarifies that the type of annual emissions report that a source needs to submit to Illinois EPA will not be based upon GHG emissions.

Prior to this revision, section 254.102(a)(1) of Subpart A, General Provisions, 35 IAC Part 254, provided that Subpart B, Reporting Requirements for Large Sources, applied to owners or operators of any source required to have an operating permit in accordance with 35 IAC 201 that is permitted to emit 25 tons per year or more of any combination of regulated air pollutants. In 2011, the Illinois General Assembly revised the definition of “regulated air pollutant” in section 39.5 of the Illinois Environmental Protection Act [415 Illinois Compiled Statutes 5/39.5] to include GHGs. As a result, Illinois EPA revised section 254.102(a)(1) of Subpart A, General Provisions, 35 IAC Part 254, to clarify that the type of annual emissions report, i.e., a long form or a short form, that a source is required to submit will not be based on its GHG emissions. The revised applicability provisions at 35 IAC 254.102(a)(1) provide that Subpart B, Reporting Requirements for Large Sources, applies to owners or operators of any source required to have an operating permit in accordance with 35 IAC 201 that is permitted to emit 25 tons per year or more of any combination of regulated air pollutants, excluding greenhouse gases. Illinois EPA anticipates that the revised rule will avoid additional costs for small businesses, small municipalities and not-for-profit corporations who would otherwise be required to complete a long-form annual emissions report absent the revised rule.

EPA finds that the revision to the applicability provisions of 35 IAC Part 254 as they relate to GHGs is acceptable.

III. What action is EPA taking today?

EPA is approving the revision to the Illinois SIP at 35 IAC Part 254, regarding GHGs as it relates to the annual emissions report.

We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective September 3, 2013 without further notice unless we receive relevant adverse written comments by August 2, 2013. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. If we do not receive any comments, this action will be effective September 3, 2013.

IV. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Clean Air Act 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 Clean Air Act. 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 underExecutive Order 12866 (58 FR 51735, October 4, 1993);
• 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action subject toExecutive 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 ( printed page 40015) be inconsistent with the Clean Air Act; 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, underExecutive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 3, 2013. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register , rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

40 CFR part 52 is amended as follows:

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

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

2. Section 52.720 is amended by adding paragraph (c)(196) to read as follows: