[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Proposed Rules]
[Pages 40693-40701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16287]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0969; EPA-R05-OAR-2012-0991; EPA-R05-OAR-2013-0435; 
FRL-9913-16-Region-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Infrastructure SIP Requirements for the 2008 Ozone, 2010 
NO2, and 2010 SO2 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve some elements and disapprove other 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. Illinois already administers Federally 
promulgated regulations that address the proposed disapprovals 
described in today's rulemaking. Therefore, the state will not be 
obligated to submit any new or additional regulations as a result of a 
future final disapproval.

DATES: Comments must be received on or before August 13, 2014.

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:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    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 Andy Chang, Environmental 
Engineer, at (312) 886-0258 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer, 
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) 886-0258, [email protected].

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?
    A. What state SIP submissions does this rulemaking address?
    B. Why did the state make these SIP submissions?
    C. What is the scope of this rulemaking?
III. What guidance is EPA using to evaluate these SIP submissions?

[[Page 40694]]

IV. What is the result of EPA's review of these SIP submissions?
    A. Section 110(a)(2)(A)--Emission Limits and Other Control 
Measures
    B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data 
System
    C. Section 110(a)(2)(C)--Program for Enforcement of Control 
Measures; PSD
    D. Section 110(a)(2)(D)--Interstate Transport
    E. Section 110(a)(2)(E)--Adequate Resources
    F. Section 110(a)(2)(F)--Stationary Source Monitoring System
    G. Section 110(a)(2)(G)--Emergency Powers
    H. Section 110(a)(2)(H)--Future SIP Revisions
    I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan 
Revisions Under Part D
    J. Section 110(a)(2)(J)--Consultation With Government Officials; 
Public Notifications; PSD; Visibility Protection
    K. Section 110(a)(2)(K)--Air Quality Modeling/Data
    L. Section 110(a)(2)(L)--Permitting Fees
    M. Section 110(a)(2)(M)--Consultation/Participation by Affected 
Local Entities
V. What action is EPA taking?
VI. 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?

A. What state SIP submissions does this rulemaking address?

    This rulemaking addresses a December 31, 2012, submission and a 
June 11, 2014, 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 highlighted this statutory requirement in an October 2, 2007, 
guidance document entitled ``Guidance on SIP Elements Required Under 
Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and 
PM2.5 National Ambient Air Quality Standards'' (2007 Memo). 
On September 25, 2009, EPA issued an additional guidance document 
pertaining to the 2006 PM2.5 \1\ NAAQS entitled 
``Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) 
for the 2006 24-Hour Fine Particle (PM2.5) National Ambient 
Air Quality Standards (NAAQS)'' (2009 Memo), followed by the October 
14, 2011, ``Guidance on infrastructure SIP Elements Required Under 
Sections 110(a)(1) and (2) for the 2008 Lead (Pb) National Ambient Air 
Quality Standards (NAAQS)'' (2011 Memo). Most recently, EPA issued 
``Guidance on Infrastructure State Implementation Plan (SIP) Elements 
under Clean Air Act Sections 110(a)(1) and (2)'' on September 13, 2013 
(2013 Memo). The SIP submissions referenced in this rulemaking pertain 
to the applicable requirements of section 110(a)(1) and (2), and 
address the 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS. To the extent that the prevention of significant deterioration 
(PSD) program is comprehensive and non-NAAQS specific, a narrow 
evaluation of other NAAQS, such as the 1997 8-hour ozone and 2006 
PM2.5 NAAQS will be included in the appropriate sections.
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    \1\ PM2.5 refers to particulate matter of 2.5 microns 
or less in diameter, oftentimes referred to as ``fine'' particles.
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C. What is the scope of this rulemaking?

    EPA is acting upon the SIP submission 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.
    EPA has historically referred to these SIP submissions made for the 
purpose of satisfying the requirements of CAA sections 110(a)(1) and 
110(a)(2) as ``infrastructure SIP'' submissions. Although the term 
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to 
distinguish this particular type of SIP submission from submissions 
that are intended to satisfy other SIP requirements under the CAA, such 
as ``nonattainment SIP'' or ``attainment plan SIP'' submissions to 
address the nonattainment planning requirements of part D of title I of 
the CAA, ``regional haze SIP'' submissions required by EPA rule to 
address the visibility protection requirements of CAA section 169A, and 
nonattainment new source review (NNSR) permit program submissions to 
address the permit requirements of CAA, title I, part D.
    This rulemaking will not cover three substantive areas that are not 
integral to acting on a state's infrastructure SIP submission: (i) 
Existing provisions related to excess emissions during periods of 
start-up, shutdown, or malfunction at sources, that may be contrary to 
the CAA and EPA's policies addressing such excess emissions (``SSM''); 
(ii) existing provisions related to ``director's variance'' or 
``director's discretion'' that purport to permit revisions to SIP 
approved emissions limits with limited public process or without 
requiring further approval by EPA, that may be contrary to the CAA 
(``director's discretion''); and, (iii) existing provisions for PSD 
programs that may be inconsistent with current requirements of EPA's 
``Final NSR Improvement Rule,'' 67 FR 80186 (December 31, 2002), as 
amended by 72 FR 32526 (June 13, 2007) (``NSR

[[Page 40695]]

Reform''). Instead, EPA has the authority to address each one of these 
substantive areas in separate rulemakings. A detailed history, 
interpretation, and rationale as they relate to infrastructure SIP 
requirements can be found in EPA's May 13, 2014, proposed rule 
entitled, ``Infrastructure SIP Requirements for the 2008 Lead NAAQS'' 
in the section, ``What is the scope of this rulemaking?'' (see 79 FR 
27241 at 27242-27245).

III. What guidance is EPA using to evaluate these SIP submissions?

    EPA's guidance for these infrastructure SIP submissions is embodied 
in the 2007 Memo. Specifically, attachment A of this memorandum 
(Required Section 110 SIP Elements) identifies the statutory elements 
that states need to submit in order to satisfy the requirements for an 
infrastructure SIP submission. The 2009 Memo was issued to provide 
additional guidance for certain elements to meet the requirements of 
section 110(a)(1) and (2) of the CAA, and the 2011 Memo echoes 
previously issued guidance while also providing specific guidance with 
respect to the 2008 lead NAAQS. Lastly, the 2013 Memo identifies and 
further clarifies aspects of infrastructure SIPs that are not NAAQS 
specific.

IV. What is the result of EPA's review of these SIP submissions?

    As noted in the 2011 Memo and reiterated in the 2013 Memo, pursuant 
to 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. 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 evaluates the 
state's submissions.

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.\2\ 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.
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    \2\ See, e.g., EPA's 73 FR 66964 at 67034, final rule on 
``National Ambient Air Quality Standards for Lead.''
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    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). 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.
    As previously noted, EPA is not proposing to approve or disapprove 
any existing state provisions or rules related to SSM or director's 
discretion in the context of section 110(a)(2)(A).

B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System

    This section requires SIPs to include provisions to provide for 
establishing and operating ambient air quality monitors, collecting and 
analyzing ambient air quality data, and making these data available to 
EPA upon request. This review of the annual monitoring plan includes 
EPA's determination that the state: (i) Monitors air quality at 
appropriate locations throughout the state using EPA-approved Federal 
Reference Methods or Federal Equivalent Method monitors; (ii) submits 
data to EPA's Air Quality System (AQS) in a timely manner; and, (iii) 
provides EPA Regional Offices with prior notification of any planned 
changes to monitoring sites or the network plan.
    Illinois EPA continues to operate an extensive monitoring network 
incorporating more than 200 monitors throughout the state. Illinois EPA 
also publishes an annual report that summarizes air quality trends. 
Furthermore, Illinois EPA submits yearly monitoring network plans to 
EPA, and EPA approved the 2014 Annual Air Monitoring Network Plan for 
ozone, NO2, and SO2 on August 21, 2013. 
Monitoring data from Illinois EPA are entered into AQS in a timely 
manner, and the state provides EPA with prior notification when changes 
to its monitoring network or plan are being considered. EPA proposes 
that Illinois has met the infrastructure SIP requirements of section 
110(a)(2)(B) with respect to the 2008 ozone, 2010 NO2, and 
2010 SO2 NAAQS.

C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures; 
PSD

    States are required to include a program providing for enforcement 
of all SIP measures and the regulation of construction of new or 
modified stationary sources to meet NSR requirements under PSD and NNSR 
programs. Part C of the CAA (sections 160-169B) addresses PSD, while 
part D of the CAA (sections 171-193) addresses NNSR requirements.
    The evaluation of Illinois EPA's submission addressing the 
infrastructure SIP requirements of section 110(a)(2)(C) covers: (i) 
Enforcement of SIP measures; (ii) Identification of oxides of nitrogen 
(NOX) as a precursor to ozone provisions in the PSD program; 
(iii) identification of precursors to PM2.5 and the 
identification of PM2.5 and PM10 \3\ condensables 
in the PSD program; (iv) PM2.5 increments in the PSD 
program; and, (v) greenhouse gas (GHG) permitting and the ``Tailoring 
Rule.'' \4\
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    \3\ PM10 refers to particles with diameters between 
2.5 and 10 microns, oftentimes referred to as ``coarse'' particles.
    \4\ In EPA's April 28, 2011, proposed rulemaking for 
infrastructure SIPS for the 1997 ozone and PM2.5 NAAQS, 
we stated that each state's PSD program must meet applicable 
requirements for evaluation of all regulated NSR pollutants in PSD 
permits (see 76 FR 23757 at 23760). This view was reiterated in 
EPA's August 2, 2012, proposed rulemaking for infrastructure SIPs 
for the 2006 PM2.5 NAAQS (see 77 FR 45992 at 45998). In 
other words, if a state lacks provisions needed to adequately 
address NOX as a precursor to ozone, PM2.5 
precursors, PM2.5 and PM10 condensables, 
PM2.5 increments, or the Federal GHG permitting 
thresholds, the provisions of section 110(a)(2)(C) requiring a 
suitable PSD permitting program must be considered not to be met 
irrespective of the NAAQS that triggered the requirement to submit 
an infrastructure SIP.
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Sub-Element 1: Enforcement of SIP Measures
    Illinois continues to staff and implement an enforcement program 
comprised of and operated by the Compliance Section and Division of 
Legal Counsel. 415 ILCS 5/4 provides the Director of Illinois EPA with 
the

[[Page 40696]]

authority to implement and administer this enforcement program. 
Furthermore, Illinois EPA has confirmed that all enforcement actions 
are brought by the Office of the Illinois Attorney General or local 
State's Attorney offices, with whom Illinois EPA consults. EPA proposes 
that Illinois has met the enforcement of SIP measures requirements of 
section 110(a)(2)(C) with respect to the 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.
    EPA recognizes that Illinois has not adopted or submitted 
regulations intended to meet each of the PSD program and GHG 
permitting/Tailoring Rule sub-element requirements, as described below. 
However, Federally promulgated rules for each of these regulations and 
their associated requirements are in effect in the state, promulgated 
at 40 CFR 52.21. EPA has currently delegated the authority to implement 
these regulations to Illinois and as a result, the state has no further 
obligations to EPA, i.e., to submit new or revised regulations, because 
it already administers the Federally promulgated PSD regulations.
Sub-Element 2: Identification of NOX as a Precursor to Ozone 
Provisions in the PSD Program
    EPA's ``Final Rule to Implement the 8-Hour Ozone National Ambient 
Air Quality Standard--Phase 2; Final Rule to Implement Certain Aspects 
of the 1990 Amendments Relating to New Source Review and Prevention of 
Significant Deterioration as They Apply in Carbon Monoxide, Particulate 
Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline'' (Phase 
2 Rule) was published on November 29, 2005 (see 70 FR 71612). Among 
other requirements, the Phase 2 Rule obligated states to revise their 
PSD programs to explicitly identify NOX as a precursor to 
ozone (70 FR 71612 at 71679, 71699-71700). This requirement was 
codified in 40 CFR 51.166, and consisted of the following \5\:
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    \5\ Similar changes were codified in 40 CFR 52.21.

    40 CFR 51.166 (b)(1)(ii): A major source that is major for 
volatile organic compounds (VOCs) or NOX shall be 
considered major for ozone;
    40 CFR 51.166 (b)(2)(ii): Any significant emissions increase (as 
defined at paragraph (b)(39) of this section) from any emissions 
units or net emissions increase (as defined in paragraph (b)(3) of 
this section) at a major stationary source that is significant for 
VOCs or NOX shall be considered significant for ozone;
    40 CFR 51.166 (b)(23)(i): Ozone: 40 tons per year (tpy) of VOCs 
or NOX;
    40 CFR 51.166 (b)(49)(i) \6\: Any pollutant for which a NAAQS 
has been promulgated and any constituents or precursors for such 
pollutants identified by the Administrator (e.g., VOCs and 
NOX) are precursors for ozone; and
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    \6\ Note that this section of 40 CFR 51.166 has been amended as 
a result of EPA's Final Rule on the ``Implementation of the New 
Source Review (NSR) Program for Particulate Matter Less than 2.5 
Micrometers (PM2.5); the regulatory text as listed was 
current as of the issuance of the Phase 2 Rule. The current citation 
for the VOCs and NOX as precursors for ozone are 
contained in 40 CFR 51.166 (b)(49)(i)(b)(i).
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    40 CFR 51.166 (i)(5)(i)(e) footnote 1: No de minimis air quality 
level is provided for ozone. However, any net emissions increase of 
100 tpy or more of VOCs or NOX subject to PSD would be 
required to perform an ambient impact analysis, including the 
gathering of air quality data.

    The Phase 2 Rule required that states submit SIP revisions 
incorporating the requirements of the rule, including these specific 
NOX as a precursor to ozone provisions, by June 15, 2007 
(see 70 FR 71612 at 71683).
Sub-Element 3: Identification of Precursors to PM2.5 and the 
Identification of PM2.5 and PM10 Condensables in 
the PSD Program
    On May 16, 2008 (see 73 FR 28321), EPA issued the Final Rule on the 
``Implementation of the New Source Review (NSR) Program for Particulate 
Matter Less than 2.5 Micrometers (PM2.5)'' (2008 NSR Rule). 
The 2008 NSR Rule finalized several new requirements for SIPs to 
address sources that emit direct PM2.5 and other pollutants 
that contribute to secondary PM2.5 formation. One of these 
requirements is for PSD permits to address pollutants responsible for 
the secondary formation of PM2.5, otherwise known as 
precursors. In the 2008 rule, EPA identified precursors to 
PM2.5 for the PSD program to be sulfur dioxide 
(SO2) and NOX (unless the state demonstrates to 
the Administrator's satisfaction or EPA demonstrates that 
NOX emissions in an area are not a significant contributor 
to that area's ambient PM2.5 concentrations). The 2008 NSR 
Rule also specifies that VOCs are not considered to be precursors to 
PM2.5 in the PSD program unless the state demonstrates to 
the Administrator's satisfaction or EPA demonstrates that emissions of 
VOCs in an area are significant contributors to that area's ambient 
PM2.5 concentrations.
    The explicit references to SO2, NOX, and VOCs 
as they pertain to secondary PM2.5 formation are codified at 
40 CFR 51.166(b)(49)(i)(b) and 40 CFR 52.21(b)(50)(i)(b). As part of 
identifying pollutants that are precursors to PM2.5, the 
2008 NSR Rule also required states to revise the definition of 
``significant'' as it relates to a net emissions increase or the 
potential of a source to emit pollutants. Specifically, 40 CFR 
51.166(b)(23)(i) and 40 CFR 52.21(b)(23)(i) define ``significant'' for 
PM2.5 to mean the following emissions rates: 10 tpy of 
direct PM2.5; 40 tpy of SO2; and 40 tpy of 
NOX (unless the state demonstrates to the Administrator's 
satisfaction or EPA demonstrates that NOX emissions in an 
area are not a significant contributor to that area's ambient 
PM2.5 concentrations). The deadline for states to submit SIP 
revisions to their PSD programs incorporating these changes was May 16, 
2011 (see 73 FR 28321 at 28341).\7\
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    \7\ EPA notes that on January 4, 2013, the U.S. Court of Appeals 
for the D.C. Circuit, in Natural Resources Defense Council v. EPA, 
706 F.3d 428 (D.C. Cir.), held that EPA should have issued the 2008 
NSR Rule in accordance with the CAA's requirements for 
PM10 nonattainment areas (Title I, Part D, subpart 4), 
and not the general requirements for nonattainment areas under 
subpart 1 (Natural Resources Defense Council v. EPA, No. 08-1250). 
As the subpart 4 provisions apply only to nonattainment areas, the 
EPA does not consider the portions of the 2008 rule that address 
requirements for PM2.5 attainment and unclassifiable 
areas to be affected by the court's opinion. Moreover, EPA does not 
anticipate the need to revise any PSD requirements promulgated by 
the 2008 NSR rule in order to comply with the court's decision. 
Accordingly, the EPA's action on Illinois' infrastructure SIP as to 
elements (C), (D)(i)(II), or (J) with respect to the PSD 
requirements promulgated by the 2008 implementation rule does not 
conflict with the court's opinion. The Court's decision with respect 
to the nonattainment NSR requirements promulgated by the 2008 
implementation rule also does not affect EPA's action on the present 
infrastructure action. EPA interprets the CAA to exclude 
nonattainment area requirements, including requirements associated 
with a nonattainment NSR program, from infrastructure SIP 
submissions due three years after adoption or revision of a NAAQS. 
Instead, these elements are typically referred to as nonattainment 
SIP or attainment plan elements, which would be due by the dates 
statutorily prescribed under subpart 2 through 5 under part D, 
extending as far as 10 years following designations for some 
elements.
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    The 2008 NSR Rule did not require states to immediately account for 
gases that could condense to form particulate matter, known as 
condensables, in PM2.5 and PM10 emission limits 
in PSD permits. Instead, EPA determined that states had to account for 
PM2.5 and PM10 condensables for applicability 
determinations and in establishing emissions limitations for 
PM2.5 and PM10 in PSD permits beginning on or 
after January 1, 2011. This requirement is codified in 40 CFR 
51.166(b)(49)(i)(a) and 40 CFR 52.21(b)(50)(i)(a). Revisions to states' 
PSD programs incorporating the inclusion of condensables were required 
to be submitted to EPA by May 16, 2011 (see 73 FR 28321 at 28341).

[[Page 40697]]

Sub-Element 5: PM2.5 Increments in the PSD Program
    On October 20, 2010, EPA issued the final rule on the ``Prevention 
of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 
Micrometers (PM2.5)--Increments, Significant Impact Levels 
(SILs) and Significant Monitoring Concentration (SMC)'' (2010 NSR 
Rule). This rule established several components for making PSD 
permitting determinations for PM2.5, including a system of 
``increments'' which is the mechanism used to estimate significant 
deterioration of ambient air quality for a pollutant. These increments 
are codified in 40 CFR 51.166(c) and 40 CFR 52.21(c), and are included 
in the table below.

Table 1--PM2.5 Increments Established by the 2010 NSR Rule in Micrograms
                             per Cubic Meter
------------------------------------------------------------------------
                                              Annual
                                            arithmetic      24-Hour max
                                               mean
------------------------------------------------------------------------
Class I.................................               1               2
Class II................................               4               9
Class III...............................               8              18
------------------------------------------------------------------------

    The 2010 NSR Rule also established a new ``major source baseline 
date'' for PM2.5 as October 20, 2010, and a new trigger date 
for PM2.5 as October 20, 2011. These revisions are codified 
in 40 CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), and 40 CFR 
52.21(b)(14)(i)(c) and (b)(14)(ii)(c). Lastly, the 2010 NSR Rule 
revised the definition of ``baseline area'' to include a level of 
significance of 0.3 micrograms per cubic meter, annual average, for 
PM2.5. This change is codified in 40 CFR 51.166(b)(15)(i) 
and 40 CFR 52.21(b)(15)(i).
Sub-Element 5: GHG Permitting and the ``Tailoring Rule''
    On June 3, 2010, EPA issued a final rule establishing a ``common 
sense'' approach to addressing GHG emissions from stationary sources 
under the CAA permitting programs. The ``Prevention of Significant 
Deterioration and Title V Greenhouse Gas Tailoring Rule,'' or 
``Tailoring Rule,'' set thresholds for GHG emissions that define when 
permits under the NSR PSD and title V operating permit programs are 
required for new and existing industrial facilities (see 75 FR 31514). 
The Tailoring Rule set the GHG PSD applicability threshold at 75,000 
tpy as expressed in carbon dioxide equivalent; if states have not 
adopted this threshold, sources with GHG emissions above 100 tpy or 250 
tpy (depending on source category) would be subject to PSD, effective 
January 2, 2011. The lower thresholds could potentially result in 
certain residential and commercial sources triggering GHG PSD 
requirements.
    On December 23, 2010, EPA issued a subsequent series of rules that 
put the necessary framework in place to ensure that industrial 
facilities can get CAA permits covering their GHG emissions when 
needed, and that facilities emitting GHGs at levels below those 
established in the Tailoring Rule do not need to obtain CAA permits.\8\ 
Included in this series of rules was EPA's issuance of the ``Limitation 
of Approval of Prevention of Significant Deterioration Provisions 
Concerning Greenhouse Gas Emitting-Sources in State Implementation 
Plans,'' referred to as the PSD SIP ``Narrowing Rule'' on December 30, 
2010 (see 75 FR 82536). The Narrowing Rule limits, or ``narrows,'' 
EPA's approval of PSD programs that were previously approved into SIPs; 
the programs in question are those that apply PSD to sources that emit 
GHG. Specifically, the effect of the Narrowing Rule is that provisions 
that are no longer approved--e.g., portions of already approved SIPs 
that apply PSD to GHG emissions increases from sources emitting GHG 
below the Tailoring Rule thresholds--now have the status of having been 
submitted by the state but not yet acted upon by EPA. In other words, 
the Narrowing Rule focuses on eliminating the PSD obligations under 
Federal law for sources below the Tailoring Rule thresholds.
---------------------------------------------------------------------------

    \8\ http://www.epa.gov/NSR/actions.html#2010.
---------------------------------------------------------------------------

    Note that while EPA is proposing to disapprove this set of 
infrastructure SIP requirements of section 110(a)(2)(C), we are 
proposing that Illinois has met the requirement contained in section 
110(a)(2)(E) regarding resources specific to permitting GHG.\9\
---------------------------------------------------------------------------

    \9\ Section 110(a)(2)(E) requires that states have the resources 
to administer an air quality management program. Some states that 
are not covered by the Narrowing Rule may not be able to adequately 
demonstrate that they have adequate personnel to issue GHG permits 
to all sources that emit GHG under the Tailoring Rule thresholds.
---------------------------------------------------------------------------

    For the purposes of the 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS infrastructure SIPs, EPA reiterates that NSR 
reform regulations are not in the scope of these actions. Therefore, we 
are not taking action on existing NSR reform regulations for Illinois. 
To address the pre-construction regulation of the modification and 
construction of minor stationary sources and minor modifications of 
major stationary sources, an infrastructure SIP submission should 
identify the existing EPA-approved SIP provisions and/or include new 
provisions that govern the minor source pre-construction program that 
regulates emissions of the relevant NAAQS pollutants. EPA approved 
Illinois' minor NSR program on May 31, 1972 (37 FR 10862). Since this 
date, Illinois EPA and EPA have relied on the existing minor NSR 
program to ensure that new and modified sources not captured by the 
major NSR permitting programs do not interfere with attainment and 
maintenance of the 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS.
    Certain sub-elements in this section overlap with elements of 
section 110(a)(2)(D)(i), section 110(a)(2)(E) and section 110(a)(2)(J). 
These links will be discussed in the appropriate areas below.

D. Section 110(a)(2)(D)--Interstate Transport

    Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions 
prohibiting any source or other type of emissions activity in one state 
from contributing significantly to nonattainment, or interfering with 
maintenance, of the NAAQS in another state.
    On June 11, 2014, Illinois EPA transmitted a letter to EPA 
clarifying that the portions of its December 31, 2012, infrastructure 
SIP submission with respect to section 110(a)(2)(D)(i)(I) were only 
intended to address the 2010 NO2 NAAQS. In other words, the 
interstate transport provisions of section 110(a)(2)(D)(i)(I) that are 
before EPA for evaluation do not extend to the 2008 ozone or 2010 
SO2 NAAQS. In today's rulemaking, EPA is not proposing to 
approve or disapprove Illinois' compliance with section 
110(a)(2)(D)(i)(I) with respect to the 2008 ozone and 2010 
SO2 NAAQS. Instead, we will address the state's satisfaction 
of these requirements with respect to these two NAAQS in a separate 
rulemaking.
    With respect to the 2010 NO2 NAAQS, EPA promulgated 
designations for this NAAQS on February 17, 2012, stating, ``The EPA is 
designating areas as ``unclassifiable/attainment'' to mean that 
available information does not indicate that the air quality in these 
areas exceeds the 2010 NO2 NAAQS'' (see 77 FR 9532). For 
comparison purposes, EPA examined the design values \10\ from 
NO2 monitors in Illinois

[[Page 40698]]

and surrounding states. The highest design value based on data 
collected between 2010 and 2012 was 62 parts per billion at a monitor 
in Chicago, Illinois. Additionally, Illinois' SIP contains two sets of 
substantial provisions that limit NO2 (and SO2) 
emissions from electric generating units. The Combined Pollutant 
Standards (CPS) are contained in Illinois Administrative Code 225.233, 
and the Multi-Pollutant Standards (MPS) are contained in Illinois 
Administrative Code 225.293-225.299. EPA believes that with the 
continued implementation of CPS, MPS, Federally promulgated PSD 
regulations, and the state's NNSR regulations found in Part 203 of the 
SIP, these low monitored values of NO2 will continue in and 
around Illinois. In other words, the NO2 emissions from 
Illinois are not expected to cause or contribute to a violation of the 
2010 NO2 NAAQS in another state, and these emissions are not 
likely to interfere with the maintenance of the 2010 NO2 
NAAQS in another state. Therefore, EPA proposes that Illinois has met 
this set of requirements related to section 110(a)(2)(D)(i)(I) for the 
2010 NO2 NAAQS.
---------------------------------------------------------------------------

    \10\ The level of the 2010 NO2 NAAQS for is 100 parts 
per billion (ppb) and the form is the 3-year average of the annual 
98th percentile of the daily 1-hour maximum. For the most recent 
design values, see http://www.epa.gov/airtrends/values.html.
---------------------------------------------------------------------------

    Section 110(a)(2)(D)(i)(II) requires SIPs to include provisions 
prohibiting any source or other type of emissions activity in one state 
from interfering with measures required to prevent significant 
deterioration of air quality or to protect visibility in another state.
    Illinois' satisfaction of the applicable infrastructure SIP PSD 
requirements for the 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS has been detailed in the section addressing 
section 110(a)(2)(C). As previously noted, Illinois has not adopted or 
submitted regulations for PSD, which results in a proposed disapproval 
with respect to these requirements. However, Illinois has no further 
obligations to EPA because it administers the Federally promulgated PSD 
regulations, promulgated at 40 CFR 52.21, through delegation.
    States also have an obligation to ensure that sources located in 
nonattainment areas do not interfere with a neighboring state's PSD 
program. One way that this requirement can be satisfied is through an 
NNSR program consistent with the CAA that addresses any pollutants for 
which there is a designated nonattainment area within the state.
    Illinois' EPA-approved NNSR regulations can be found in Part 203 of 
the SIP; these regulations contain provisions for how the state must 
treat and control sources in nonattainment areas, consistent with 40 
CFR 51.165, or appendix S to 40 CFR part 51. EPA proposes that Illinois 
has met the requirements with respect to the prohibition of 
interference with a neighboring state's PSD program for the 2008 ozone, 
2010 NO2, and 2010 SO2 NAAQS related to section 
110(a)(2)(D)(i)(II).
    With regard to the applicable requirements for visibility 
protection of section 110(a)(2)(D)(i)(II), states are subject to 
visibility and regional haze program requirements under part C of the 
CAA (which includes sections 169A and 169B). The 2009 Memo, the 2011 
Memo, and 2013 Memo state that these requirements can be satisfied by 
an approved SIP addressing reasonably attributable visibility 
impairment, if required, or an approved SIP addressing regional haze.
    On July 6, 2012, EPA published its final approval of Illinois' 
regional haze plan (see 77 FR 39943). Notably, Illinois has two sets of 
provisions in its SIP that meet the Best Available Retrofit Technology 
requirement of electric generating stations without relying on 
Federally promulgated regulations such as the Clean Air Interstate Rule 
(CAIR) or the Cross-State Air Pollution Rule (CSAPR).\11\ Therefore, 
EPA is proposing that Illinois has met the visibility protection 
requirements of section 110(a)(2)(D)(i)(II) for the 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.
---------------------------------------------------------------------------

    \11\ These provisions are the CPS and MPS as alluded to in the 
discussion addressing section 110(a)(2)(D)(i)(I), and are contained 
in Illinois Administrative Code 225.233 and Illinois Administrative 
Code 225.293-225.299, respectively. Reliance on the CPS and MPS in 
the context of Illinois' regional haze plan as satisfying the 
visibility protection requirements of section 110(a)(2)(D)(i)(II) in 
lieu of dependence on Federally promulgated regulations such as CAIR 
or CSAPR is consistent with EPA's previous final action for the 2006 
PM2.5 NAAQS (see 77 FR 65478 at 65481).
---------------------------------------------------------------------------

    Section 110(a)(2)(D)(ii) requires each SIP to contain adequate 
provisions requiring compliance with the applicable requirements of 
section 126 and section 115 (relating to interstate and international 
pollution abatement, respectively).
    Section 126(a) requires new or modified sources to notify 
neighboring states of potential impacts from the source. The statute 
does not specify the method by which the source should provide the 
notification. States with SIP-approved PSD programs must have a 
provision requiring such notification by new or modified sources. A 
lack of such a requirement in state rules would be grounds for 
disapproval of this element.
    As previously mentioned, Illinois administers the Federally 
promulgated PSD regulations promulgated at 40 CFR 52.21, through 
delegation. These Federal rules contain provisions requiring new or 
modified sources to notify neighboring states of potential negative air 
quality impacts. EPA acknowledges that the state has not satisfied the 
requirement for a SIP submission, which results in a proposed 
disapproval with respect to this set of infrastructure SIP requirements 
of section 110(a)(2)(D)(ii). However, Illinois has no further 
obligations to EPA because it administers the Federally promulgated PSD 
regulations.
    Illinois affirmed in its submission that it does not have any 
pending obligations under section 115. Therefore, EPA is proposing that 
Illinois has met the applicable infrastructure SIP requirements of 
section 110(a)(2)(D)(ii) related to section 115 of the CAA 
(international pollution abatement) for the 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.

E. Section 110(a)(2)(E)--Adequate Resources

    This section requires each state to provide for adequate personnel, 
funding, and legal authority under state law to carry out its SIP, and 
related issues. Section 110(a)(2)(E)(ii) also requires each state to 
comply with the requirements respecting state boards under section 128.
Sub-Element 1: Adequate Personnel, Funding, and Legal Authority Under 
State Law To Carry Out Its SIP, and Related Issues
    At the time of its submittal, Illinois EPA cited the recently 
passed Public Act in the state that provides appropriations for the 
Illinois Bureau of Air Programs and associated personnel. In addition 
to the environmental performance partnership agreement with EPA, 
Illinois has confirmed that it retains all necessary resources to carry 
out required air programs. As discussed in previous sections, Illinois 
EPA has affirmed that 415 ILCS 5/4 and 415 ILCS 5/10 provide the 
Director, in conjunction with IPCB, with the authority to develop rules 
and regulations necessary to meet ambient air quality standards and 
respond to any EPA findings of inadequacy with the Illinois SIP 
program. Lastly, the IPCB ensures compliance with required laws or 
elements of the state's attainment plan that are necessary to attain 
the NAAQS, or that are necessary to comply with the requirements of the 
CAA. EPA proposes that Illinois has met the infrastructure SIP 
requirements of this portion of section 110(a)(2)(E) with respect to 
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

[[Page 40699]]

    As noted above in the discussion addressing section 110(a)(2)(C), 
the resources needed to permit all sources emitting more than 100 tpy 
or 250 tpy (as applicable) of GHG would require more resources than 
states may appear to have. This is not a concern in Illinois, because 
PSD permitting for GHGs is based on Federally promulgated PSD rules 
that ``tailor'' the applicability to 75,000 tpy (expressed as carbon 
dioxide equivalent).
Sub-Element 2: State Board Requirements Under Section 128 of the CAA
    Section 110(a)(2)(E) also 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: (i) 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 (ii) 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.
    In today's action, EPA is neither proposing to approve or 
disapprove the portions of the submission from Illinois intended to 
address the state board requirements of section 110(a)(2)(E)(ii). 
Instead, EPA will take separate action on compliance with section 
110(a)(2)(E)(ii) for the state at a later time. EPA is working with 
Illinois EPA to address these requirements in the most appropriate way.

F. Section 110(a)(2)(F)--Stationary Source Monitoring System

    States must establish a system to monitor emissions from stationary 
sources and submit periodic emissions reports. Each plan shall also 
require the installation, maintenance, and replacement of equipment, 
and the implementation of other necessary steps, by owners or operators 
of stationary sources to monitor emissions from such sources. The state 
plan shall also require periodic reports on the nature and amounts of 
emissions and emissions-related data from such sources, and correlation 
of such reports by each state agency with any emission limitations or 
standards established pursuant to this chapter. Lastly, the reports 
shall be available at reasonable times for public inspection.
    Illinois EPA requires regulated sources to submit various reports, 
dependent on applicable requirements and the type of permit issued to 
the source. These reports are submitted to the Bureau of Air's 
Compliance Unit for review, and all reasonable efforts are made by 
Illinois EPA to maximize the effectiveness of available resources to 
review the required reports. EPA proposes that Illinois has satisfied 
the infrastructure SIP requirements of section 110(a)(2)(F) with 
respect to the 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS.

G. Section 110(a)(2)(G)--Emergency Powers

    This section requires that a plan provide for authority that is 
analogous to what is provided in section 303 of the CAA, and adequate 
contingency plans to implement such authority. The 2013 Memo states 
that infrastructure SIP submissions should specify authority, rested in 
an appropriate official, to restrain any source from causing or 
contributing to emissions which present an imminent and substantial 
endangerment to public health or welfare, or the environment.
    Illinois has the necessary authority to address emergency episodes, 
and these provisions are contained in 415 ILCS 5/34. 415 ILCS 5/43(a) 
authorizes the Illinois EPA to request a state's attorney from Illinois 
Attorney General's office to seek immediate injunctive relief in 
circumstances of substantial danger to the environment or to the public 
health of persons. EPA proposes that Illinois has met the applicable 
infrastructure SIP requirements for this portion of section 
110(a)(2)(G) with respect to the 2008 ozone, 2010 NO2, and 
2010 SO2 NAAQS.

H. Section 110(a)(2)(H)--Future SIP Revisions

    This section requires states to have the authority to revise their 
SIPs in response to changes in the NAAQS, availability of improved 
methods for attaining the NAAQS, or to an EPA finding that the SIP is 
substantially inadequate.
    As previously mentioned, 415 ILCS 5/4 and 415 ILCS 5/10 provide the 
Director of Illinois EPA, in conjunction with IPCB, with the authority 
to develop rules and regulations necessary to meet ambient air quality 
standards. Furthermore, they have the authority to respond to any EPA 
findings of inadequacy with the Illinois SIP program. EPA proposes that 
Illinois has met the infrastructure SIP requirements of section 
110(a)(2)(H) with respect to the 2008 ozone, 2010 NO2, and 
2010 SO2 NAAQS.

I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions 
Under Part D

    The CAA requires that each plan or plan revision for an area 
designated as a nonattainment area meet the applicable requirements of 
part D of the CAA. Part D relates to nonattainment areas.
    EPA has determined that section 110(a)(2)(I) is not applicable to 
the infrastructure SIP process. Instead, EPA takes action on part D 
attainment plans through separate processes.

J. Section 110(a)(2)(J)--Consultation With Government Officials; Public 
Notifications; PSD; Visibility Protection

    The evaluation of the submissions from Illinois with respect to the 
requirements of section 110(a)(2)(J) are described below.
Sub-Element 1: Consultation With Government Officials
    States must provide a process for consultation with local 
governments and Federal Land Managers (FLMs) carrying out NAAQS 
implementation requirements.
    Illinois EPA is required to give notice to the Office of the 
Attorney General and the Illinois Department of Natural Resources 
during the rulemaking process. Furthermore, Illinois provides notice to 
reasonably anticipated stakeholders and interested parties, as well as 
to any FLM if the rulemaking applies to Federal land which the FLM has 
authority over. Additionally, Illinois EPA participates in the Lake 
Michigan Air Director's Consortium (LADCO), which consists of 
collaboration with EPA and the states of Indiana, Michigan, Minnesota, 
Ohio, and Wisconsin. Illinois EPA also consults with Missouri through a 
process established in a Memorandum of Agreement. EPA proposes that 
Illinois has met the infrastructure SIP requirements of this portion of 
section 110(a)(2)(J) with respect to the 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.
Sub-Element 2: Public Notification
    Section 110(a)(2)(J) also requires states to notify the public if 
NAAQS are exceeded in an area and must enhance public awareness of 
measures that can be taken to prevent exceedances.
    Illinois EPA continues to collaborate with the Cook County 
Department of Environmental Control. This consists of continued and 
routine monitoring of air quality throughout the state, and notifying 
the public when unhealthy air quality is measured or forecasted. 
Illinois EPA actively populates EPA's AIRNOW program and distributes 
the

[[Page 40700]]

information to interested stakeholders such as Partners for Clean Air 
in Chicago, the Clean Air Partnership in St. Louis, and the Cook County 
Department of Environmental Control. The state maintains portions of 
its Web site specifically for air quality alerts,\12\ and prepares 
annual data reports from its complete monitoring network. Therefore, 
EPA proposes that Illinois has met the infrastructure SIP requirements 
of this portion of section 110(a)(2)(J) with respect to the 2008 ozone, 
2010 NO2, and 2010 SO2 NAAQS.
---------------------------------------------------------------------------

    \12\ See, e.g., http://www.epa.state.il.us/air/air-quality-menu.html.
---------------------------------------------------------------------------

Sub-Element 3: PSD
    States must meet applicable requirements of section 110(a)(2)(C) 
related to PSD. Illinois' satisfaction of the applicable infrastructure 
SIP PSD requirements for the 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS has been detailed in the section addressing 
section 110(a)(2)(C). As previously noted, Illinois has not adopted or 
submitted regulations for PSD, which results in a proposed disapproval 
with respect to these requirements. However, Illinois has no further 
obligations to EPA because it administers the Federally promulgated PSD 
regulations, promulgated at 40 CFR 52.21, through delegation.
Sub-Element 4: Visibility Protection
    With regard to the applicable requirements for visibility 
protection, states are subject to visibility and regional haze program 
requirements under part C of the CAA (which includes sections 169A and 
169B). In the event of the establishment of a new NAAQS, however, the 
visibility and regional haze program requirements under part C do not 
change. Thus, we find that there is no new visibility obligation 
``triggered'' under section 110(a)(2)(J) when a new NAAQS becomes 
effective. In other words, the visibility protection requirements of 
section 110(a)(2)(J) are not germane to infrastructure SIPs for the 
2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

K. Section 110(a)(2)(K)--Air Quality Modeling/Data

    SIPs must provide for performing air quality modeling for 
predicting effects on air quality of emissions from any NAAQS pollutant 
and submission of such data to EPA upon request.
    Illinois EPA maintains the capability to perform modeling of the 
air quality impacts of emissions of all criteria pollutants, including 
the capability to use complex photochemical grid models. This modeling 
is used in support of the SIP for all nonattainment areas in the state. 
Illinois EPA also requires air quality modeling in support of 
permitting the construction of major and some minor new sources under 
the PSD program. These modeling data are available to EPA as well as 
the public upon request. Lastly, Illinois EPA participates in LADCO, 
which conducts regional modeling that is used for statewide planning 
purposes. EPA proposes that Illinois has met the infrastructure SIP 
requirements of section 110(a)(2)(K) with respect to the 2008 ozone, 
2010 NO2, and 2010 SO2 NAAQS.

L. Section 110(a)(2)(L)--Permitting Fees

    This section requires SIPs to mandate each major stationary source 
to pay permitting fees to cover the cost of reviewing, approving, 
implementing, and enforcing a permit.
    Illinois EPA implements and operates the title V permit program, 
which EPA approved on December 4, 2001 (66 FR 62946) and the 
provisions, requirements, and structures associated with the costs for 
reviewing, approving, implementing, and enforcing various types of 
permits are contained in 415 ILCS 5/39.5. EPA proposes that Illinois 
has met the infrastructure SIP requirements of section 110(a)(2)(L) for 
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local 
Entities

    States must consult with and allow participation from local 
political subdivisions affected by the SIP.
    All public participation procedures pertaining to Illinois EPA are 
consistent with 35 Illinois Administrative Code Part 164 (Procedures 
for Informational and Quasi-Legislative Public Hearings) and 35 
Illinois Administrative Code Part 252 (Public Participation in the Air 
Pollution Control Permit Program); the latter is an approved portion of 
Illinois' SIP. EPA proposes that Illinois has met the infrastructure 
SIP requirements of section 110(a)(2)(M) with respect to the 2008 
ozone, 2010 NO2, and 2010 SO2 NAAQS.

V. What action is EPA taking?

    EPA is proposing to approve most elements of a submission from 
Illinois certifying that its current SIP is sufficient to meet the 
required infrastructure elements under sections 110(a)(1) and (2) for 
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. We 
are also proposing to disapprove some elements of the state's 
submission as they relate to its PSD program. As described above, 
Illinois already administers Federally promulgated PSD regulations 
through delegation, and therefore no practical effect is associated 
with today's proposed disapproval or future final disapproval of those 
elements.
    EPA's proposed actions for the state's satisfaction of 
infrastructure SIP requirements, by element of section 110(a)(2) and 
NAAQS, are contained in the table below.

----------------------------------------------------------------------------------------------------------------
              Element                      2008 Ozone              2010 NO[ihel2]            2010 SO[ihel2]
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and other      A                         A                         A
 control measures.
(B): Ambient air quality            A                         A                         A
 monitoring and data system.
(C)1: Enforcement of SIP measures.  A                         A                         A
(C)2: NOX as a precursor to ozone   D,*                       D,*                       D,*
 for PSD.
(C)3: PM2.5 Precursors/PM2.5 and    D,*                       D,*                       D,*
 PM10 condensables for PSD.
(C)4: PM2.5 Increments............  D,*                       D,*                       D,*
(C)5: GHG permitting thresholds in  D,*                       D,*                       D,*
 PSD regulations.
(D)1: Contribute to nonattainment/  NA                        A                         NA
 interfere with maintenance of
 NAAQS.
(D)2: PSD.........................  **                        **                        **
(D)3: Visibility Protection.......  A                         A                         A
(D)4: Interstate Pollution          D,*                       D,*                       D,*
 Abatement.
(D)5: International Pollution       A                         A                         A
 Abatement.
(E): Adequate resources...........  A                         A                         A
(E): State boards.................  NA                        NA                        NA
(F): Stationary source monitoring   A                         A                         A
 system.

[[Page 40701]]

 
(G): Emergency power..............  A                         A                         A
(H): Future SIP revisions.........  A                         A                         A
(I): Nonattainment area plan or     NA                        NA                        NA
 plan revisions under part D.
(J)1: Consultation with government  A                         A                         A
 officials.
(J)2: Public notification.........  A                         A                         A
(J)3: PSD.........................  **                        **                        **
(J)4: Visibility protection.......  +                         +                         +
(K): Air quality modeling and data  A                         A                         A
(L): Permitting fees..............  A                         A                         A
(M): Consultation and               A                         A                         A
 participation by affected local
 entities.
----------------------------------------------------------------------------------------------------------------

In the above table, the key is as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
A..............................  Approve.
NA.............................  No Action/Separate Rulemaking.
D..............................  Disapprove.
+..............................  Not germane to infrastructure SIPs.
*..............................  Federally promulgated rules in place.
**.............................  Previously discussed in element (C).
------------------------------------------------------------------------

    To clarify, EPA is proposing to disapprove the infrastructure SIP 
submission from Illinois with respect to certain PSD requirements 
including: (i) The explicit identification of NOX as a 
precursor to ozone consistent with the Phase 2 Rule; (ii) the explicit 
identification of SO2 and NOX as PM2.5 
precursors (and the significant emissions rates for direct 
PM2.5, and SO2 and NOX as its 
precursors), and the regulation of PM2.5 and PM10 
condensables, consistent with the requirements of the 2008 NSR Rule; 
(iii) the PM2.5 increments and associated implementation 
rules consistent with the 2010 NSR Rule; and, (iv) permitting of GHG 
emitting sources at the Federal Tailoring Rule thresholds.
    EPA is also proposing to disapprove the infrastructure SIP 
submission from with respect to the requirements of section 
110(a)(2)(D)(ii) related to interstate pollution abatement. 
Specifically, this section requires states with PSD programs have 
provisions requiring a new or modified source to notify neighboring 
states of the potential impacts from the source, consistent with the 
requirements of section 126(a).
    However, Illinois has no further obligations to EPA because 
Federally promulgated rules, promulgated at 40 CFR 52.21 are in effect 
in the state. EPA has delegated the authority to Illinois to administer 
these rules, which include provisions related to PSD and interstate 
pollution abatement. A final disapproval for Illinois for these 
infrastructure SIP requirements will not result in sanctions under 
section 179(a), nor will it obligate EPA to promulgate a Federal 
implementation plan within two years of final action if the state does 
not submit revisions to its PSD SIPs addressing these deficiencies. 
Instead, Illinois is already administering the Federally promulgated 
PSD regulations.

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);
     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, 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Nitrogen dioxide, 
Reporting and recordkeeping requirements, Sulfur dioxide.

    Dated: June 23, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014-16287 Filed 7-11-14; 8:45 am]
BILLING CODE 6560-50-P