[Federal Register Volume 86, Number 186 (Wednesday, September 29, 2021)]
[Rules and Regulations]
[Pages 53872-53882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21027]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0583; EPA-R05-OAR-2019-0311; EPA-R05-OAR-2020-0501; 
FRL-9056-02-R5]


Air Plan Approval; Illinois; Infrastructure SIP Requirements for 
the 2012 PM2.5 and 2015 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

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 PM2.5 and 2015 
ozone National Ambient Air Quality Standards (NAAQS). Additionally, 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.

DATES: This direct final rule will be effective November 29, 2021, 
unless EPA receives adverse comments by October 29, 2021. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0583 (for PM2.5), EPA-R05-OAR-2019-0311 (for 
ozone), or EPA-R05-OAR-2020-0501 (for PSD) at https://www.regulations.gov or via email to [email protected]. For comments 
submitted at Regulations.gov, follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. For either manner of submission, EPA may 
publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the web, cloud, or 
other file sharing system). For additional submission methods, please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section. For the full EPA public comment policy, information about CBI 
or multimedia submissions, and general guidance on making effective 
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Olivia Davidson, Environmental 
Scientist, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental

[[Page 53873]]

Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-0266, [email protected]. The EPA Region 
5 office 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.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What is the background of this SIP submission?
II. What is EPA's analysis of this SIP submission?
III. Applicability of PSD Requirements
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What is the background of this SIP submission?

    In this rulemaking, EPA is approving most elements of the September 
29, 2017, and May 16, 2019, and September 22, 2020, submissions from 
the Illinois Environmental Protection Agency (IEPA) intended to address 
all applicable infrastructure requirements for the 2012 
PM2.5 and 2015 ozone NAAQS, respectively.
    Whenever EPA promulgates a new or revised NAAQS, CAA section 
110(a)(1) requires states to make SIP submissions to provide for the 
implementation, maintenance, and enforcement of the NAAQS. This type of 
SIP submission is commonly referred to as an ``infrastructure SIP.'' 
These submissions must meet the various requirements of CAA section 
110(a)(2), as applicable. Due to ambiguity in some of the language of 
the CAA section 110(a)(2), EPA believes that it is appropriate to 
interpret these provisions in the specific context of action on 
infrastructure SIP submissions. EPA has previously provided 
comprehensive guidance on the application of these provisions through 
our September 13, 2013, Infrastructure SIP Guidance and through 
regional actions on infrastructure submissions (EPA's 2013 
Guidance).\1\ Unless otherwise noted below, we are following that 
existing approach in acting on this submission. In addition, in the 
context of acting on such infrastructure submissions, EPA evaluates the 
submitting state's SIP for facial compliance with statutory and 
regulatory requirements, not for the state's implementation of its 
SIP.\2\ EPA has other authority to address any issues concerning a 
state's implementation of the rules, regulations, consent orders, etc. 
that comprise its SIP.
---------------------------------------------------------------------------

    \1\ EPA discusses these ambiguities and elaborates on its 
approach to address them in our September 13, 2013 Infrastructure 
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior 
action on Minnesota's infrastructure SIP to address the 2008 ozone, 
2010 nitrogen dioxide (NO2), 2010 sulfur dioxide (SO2), 
and 2012 fine particulate matter (PM2.5) NAAQS (80 FR 
63436, October 20, 2015).
    \2\ See Montana Env't Info Ctr. v. Thomas, 902 F.3d 971 (9th 
Cir. 2018).
---------------------------------------------------------------------------

II. What is EPA's analysis of this SIP submission?

    Pursuant to section 110(a), states must provide reasonable notice 
and opportunity for public hearing for all infrastructure SIP 
submissions. On June 23, 2017, and November 16, 2018, IEPA opened 30-
day comment and request for public hearing periods for the 2012 
PM2.5 and 2015 ozone NAAQS, respectively. No requests for a 
public hearing were received during the comment periods. IEPA did not 
receive comments on portions of the submission on which EPA is acting. 
Comments were received on IEPA's PSD permitting program, which has 
recently been approved by EPA on September 9, 2021 (86 FR 50459).
    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 2012 PM2.5 and 2015 ozone 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 
limitations and other control measures, means or techniques, as well as 
schedules and timetables for compliance, as may be necessary or 
appropriate to meet the applicable CAA requirements. Section 
110(a)(2)(A) does not require that states submit regulations or 
emission limits specifically for attaining the 2012 PM2.5 
and 2015 ozone NAAQS. Those SIP provisions are due as part of each 
state's attainment plan, and will be addressed separately from the 
requirements of section 110(a)(2)(A).\3\ 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.
---------------------------------------------------------------------------

    \3\ See, e.g., EPA's final rule on ``National Ambient Air 
Quality Standards for Lead.'' 73 FR 66964, 67034 (Nov. 12, 2008).
---------------------------------------------------------------------------

    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 IEPA 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. 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's 2013 Guidance states that to satisfy section 110(a)(2)(A) 
requirements, ``an air agency's submission should identify existing 
EPA-approved SIP provisions or new SIP provisions that the air agency 
has adopted and submitted for EPA approval that limit emissions of 
pollutants relevant to the subject NAAQS, including precursors of the 
relevant NAAQS pollutant where applicable.'' As identified by IEPA, 
Title 35 of the Illinois Administrative Code (IAC) Parts 202, 212, 214, 
215, 217, 218, 219, and 225, contain SIP-approved emission standards 
and limitations for sulfur dioxide (SO2), nitrogen oxides 
(NOX), volatile organic materials (VOMs), and ammonia 
(NH3), precursors of PM2.5 and ozone. We believe 
that IEPA has the necessary components contained in Title 35 of the IAC 
to comply with the 2015 NAAQS ozone and 2012 PM2.5 standard. 
In this rulemaking, EPA is not incorporating into Illinois' SIP any new 
provisions in Illinois' State rules that have not been previously 
approved by EPA. EPA is also not approving or disapproving any existing 
State provisions or rules related to start-up, shutdown or malfunction, 
or director's discretion in the context of section 110(a)(2)(A). EPA 
finds that Illinois has met the infrastructure SIP requirements of 
section 110(a)(2)(A) with respect to the 2012 PM2.5 and 2015 
ozone NAAQS.

[[Page 53874]]

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

    This section requires SIPs to provide for establishing and 
operating ambient air quality monitors, collecting and analyzing 
ambient air quality data, and, upon request, to make these data 
available to EPA. EPA's 2013 Guidance states that submission of annual 
monitoring network plans consistent with EPA's ambient air monitoring 
regulations at 40 CFR 58.10 is one way of satisfying a state's 
obligations under section 110(a)(2)(B). EPA's review of a state's 
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.
    In accordance with 40 CFR parts 53 and 58, IEPA continues to 
operate an air monitoring network that is used to determine compliance 
with the NAAQS. The provision at 415 ILCS 5/4 grants IEPA the authority 
to implement and administer the monitoring network. Furthermore, IEPA 
submits yearly monitoring network plans to EPA, and EPA approved the 
2021 Annual Air Monitoring Network Plan on October 22, 2020.\4\ 
Monitoring data from IEPA 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. IEPA publishes an 
annual report for the coming year on the Agency's website and provides 
for public comment. EPA finds that Illinois has met the infrastructure 
SIP requirements of section 110(a)(2)(B) with respect to the 2012 
PM2.5 and 2015 ozone NAAQS.
---------------------------------------------------------------------------

    \4\ https://www2.illinois.gov/epa/topics/air-quality/outdoor-air/air-monitoring/Documents/2021%20Network%20Plan.pdf.
---------------------------------------------------------------------------

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

    This section requires SIPs to set forth a program providing for 
enforcement of all SIP measures, and the regulation of construction of 
new and modified stationary sources to meet New Source Review (NSR) 
requirements under PSD and Nonattainment NSR (NNSR) programs. Part C of 
the CAA (sections 160-169B) addresses PSD, while part D of the CAA 
(sections 171-193) addresses NNSR requirements. EPA's 2013 Guidance 
states that the NNSR requirements of section 110(a)(2)(C) are generally 
outside the scope of infrastructure SIPs; however, a state must provide 
for regulation of minor sources and minor modifications (minor NSR).
1. Program for Enforcement of Emission Limitations and Control Measures
    A state's infrastructure SIP submission should identify the 
statutes, regulations, or other provisions in the SIP that provide for 
enforcement of emission limits and control measures.
    IEPA's Bureau of Air (BOA) includes a Compliance Section and 
Division of Legal Counsel, which conduct enforcement of emission limits 
and consult with IEPA on enforcement actions, including enforcement of 
minor NSR, PSD, and nonattainment NSR construction and operating 
permits. The provision at 415 ILCS 5/4 provides the Director of IEPA 
with the authority to implement and administer this enforcement 
program. The provisions at 415 ILCS 5/30 and 5/31 further grant IEPA 
the authority to implement and administer the enforcement program 
through investigations, complaints and notices of violation, and 
hearings. EPA finds that Illinois has met the program for enforcement 
of emission limitations and control measures requirements of section 
110(a)(2)(C) with respect to the 2012 PM2.5 and 2015 ozone 
NAAQS.
2. Minor NSR
    An infrastructure SIP submission should identify the existing EPA-
approved SIP provisions that govern the minor source pre-construction 
program that regulates emissions of the relevant NAAQS pollutant.
    EPA approved Illinois' minor NSR program on May 31, 1972 (37 FR 
10862). Since this date, IEPA and EPA have relied on the existing minor 
NSR program at 415 ILCS 5/9 and 5/39 to ensure that new and modified 
sources not captured by the major NSR permitting programs do not 
interfere with attainment and maintenance of the 2012 PM2.5 
and 2015 ozone NAAQS. EPA finds that Illinois has met the minor NSR 
requirements of section 110(a)(2)(C) with respect to the 2012 
PM2.5 and 2015 ozone PM2.5 NAAQS.
3. PSD
    The evaluation of each state's submission addressing the PSD 
requirements of section 110(a)(2)(C) covers: (i) PSD provisions that 
explicitly identify NOX as a precursor to ozone in the PSD 
program; (ii) identification of precursors to PM2.5 \5\ and 
the identification of PM2.5 and PM10 \6\ 
condensables in the PSD program; (iii) PM2.5 increments in 
the PSD program; and (iv) greenhouse gas (GHG) permitting and the 
``Tailoring Rule'' in the PSD program.\7\
---------------------------------------------------------------------------

    \5\ PM2.5 refers to particles with an aerodynamic 
diameter of less than or equal to 2.5 micrometers, also referred to 
as ``fine'' particles.
    \6\ PM10 refers to particles with an aerodynamic 
diameter of less than or equal to 10 micrometers.
    \7\ 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 (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 (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, including 
the 2015 ozone and 2012 PM 2.5 NAAQS.
---------------------------------------------------------------------------

    Previously, PSD permits in Illinois have been issued under a 
Federal Implementation Plan (FIP) incorporating 40 CFR 52.21. 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 (Apr. 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. 
IEPA requested that EPA incorporate into the SIP Title 35 IAC Part 204 
containing the new PSD program, and revisions to Parts 252 and 203. The 
request was approved on September 9, 2021 (86 FR 50459), and addressed 
comments received during EPA's public comment period. IEPA continues to 
have the authority under State law to issue PSD permits. Consistent 
with the Illinois Environmental Policy Act, 35 IAC 204.820 and 204.850 
require that a source may construct or operate any source or 
modification subject to PSD permitting only after obtaining an approval 
to construct or PSD permit. IEPA may rescind such PSD permit under 35 
IAC 204.1340.
    Some PSD requirements under section 110(a)(2)(C) overlap with 
elements of section 110(a)(2)(D)(i) and section 110(a)(2)(J). These 
links are discussed in the appropriate areas below.

[[Page 53875]]

a. PSD Provisions That Explicitly Identify NOX as a 
Precursor to Ozone 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 (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 
(see 70 FR at 71679, 71699-71704). This requirement was codified at 40 
CFR 51.166.\8\
---------------------------------------------------------------------------

    \8\ Similar changes were codified in 40 CFR 52.21.
---------------------------------------------------------------------------

    The Phase 2 Rule required that states submit SIP revisions 
incorporating the requirements of the rule, including the provisions 
specific to NOX as a precursor to ozone, by June 15, 2007 
(see 70 FR at 71683).
    On September 9, 2021 (86 FR 50459), EPA approved 35 IAC Part 204 
into Illinois' SIP to fully satisfy the requirements of CAA section 
110(a)(2)(C) regarding NOX as a precursor to ozone. 
Specifically, 35 IAC 204.610(a)(2)(A) establishes NOX and 
VOM as precursors to ozone in all attainment and unclassifiable areas. 
EPA therefore finds that Illinois has met this set of infrastructure 
SIP requirements of CAA section 110(a)(2)(C) with respect to the 2012 
PM2.5 and 2015 ozone NAAQS.
b. Identification of Precursors to PM2.5 and the 
Identification of PM2.5 and PM10 Condensables in 
the PSD Program
    On May 16, 2008 (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 NSR 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 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 
volatile organic compounds (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 tons per 
year (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, May 16, 2008).\9\
---------------------------------------------------------------------------

    \9\ EPA notes that on January 4, 2013, the U.S. Court of Appeals 
for the D.C. Circuit 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. See 
Nat. Res. Def. Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013). As the 
subpart 4 provisions apply only to nonattainment areas, 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, EPA's 
approval of Illinois' infrastructure SIP as to elements (C), 
(D)(i)(II), or (J) with respect to the PSD requirements promulgated 
by the 2008 NSR Rule does not conflict with the court's opinion.
    The court's decision with respect to the nonattainment NSR 
requirements promulgated by the 2008 NSR 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.
---------------------------------------------------------------------------

    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 NSR 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 due to 
EPA by May 16, 2011 (see 73 FR at 28341).
    As previously mentioned, EPA approved 35 IAC Part 204 into the SIP 
on September 9, 2021 (86 FR 50459), to fully satisfy the requirements 
of CAA section 110(a)(2)(C) regarding identification of precursors to 
PM2.5 and the identification of PM2.5 and 
PM10 condensables. Specifically, 35 IAC 204.610(a)(2)(C)-(D) 
establishes SO2 as a precursor to PM2.5 in all 
attainment and unclassifiable areas, NOX as a presumed 
precursor to PM2.5 in all attainment and unclassifiable 
areas unless an EPA-approved demonstration of insignificant 
contribution is provided, and VOM not to be a precursor to 
PM2.5 unless, similarly, an approved demonstration is 
provided. The provision at 35 IAC 204.610(a)(1) provides for the 
requirement of condensable PM to be included in applicability 
determinations and in establishing emission limitations for PM in PSD 
permits. EPA therefore finds that Illinois has met this set of 
infrastructure SIP requirements of CAA section 110(a)(2)(C) with 
respect to the 2012 PM2.5 and 2015 ozone NAAQS.
c. PM2.5 Increments in the PSD Program
    On October 20, 2010 (75 FR 64864), 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.

[[Page 53876]]



Table 1--PM2.5 Increments Established by the 2010 NSR Rule in Micrograms
                             per Cubic Meter
------------------------------------------------------------------------
                                                     Annual
                                                   arithmetic   24-Hour
                                                      mean        max
------------------------------------------------------------------------
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).
    As previously mentioned, EPA approved 35 IAC Part 204 into the SIP 
on September 9, 2021 (86 FR 50459), to fully satisfy the requirements 
of CAA section 110(a)(2)(C) regarding PM2.5 increments. 
Specifically, 35 IAC 204.900 establishes ambient air increments by 
Class identical to the 2010 NSR Rule. EPA therefore finds that Illinois 
has met this set of infrastructure SIP requirements of CAA section 
110(a)(2)(C) with respect to the 2012 PM2.5 and 2015 ozone 
NAAQS.
d. GHG Permitting and the ``Tailoring Rule'' in the PSD Program
    With respect to the requirements of section 110(a)(2)(C) as well as 
section 110(a)(2)(J), EPA interprets the CAA to require each state to 
make an infrastructure SIP submission for a new or revised NAAQS that 
demonstrates that the air agency has a complete PSD permitting program 
meeting the current requirements for all regulated NSR pollutants. The 
requirements of section 110(a)(2)(D)(i)(II) may also be satisfied by 
demonstrating that the air agency has a complete PSD permitting program 
correctly addressing all regulated NSR pollutants. As discussed below, 
Illinois has shown that it currently has a PSD program in place that 
covers all regulated NSR pollutants, including GHGs.
    On June 23, 2014, the United States Supreme Court issued a decision 
addressing the application of PSD permitting requirements to GHG 
emissions. Util. Air Regul. Grp. v. EPA, 573 U.S. 302, 134 S. Ct. 2427 
(2014). The Supreme Court said that EPA may not treat GHGs as an air 
pollutant for purposes of determining whether a source is a major 
source required to obtain a PSD permit. The Court also said that EPA 
could continue to require that PSD permits, otherwise required based on 
emissions of pollutants other than GHGs, contain limitations on GHG 
emissions based on the application of Best Available Control Technology 
(BACT).
    In accordance with the Court's decision, on April 10, 2015, the 
U.S. Court of Appeals for the D.C. Circuit (the D.C. Circuit) issued an 
amended judgment vacating the regulations that implemented Step 2 of 
EPA's PSD and Title V Greenhouse Gas Tailoring Rule, but not the 
regulations that implement Step 1 of that rule. Coal. For Responsible 
Regul., Inc. v. EPA, 606 F. App'x 6 (D.C. Cir. 2015). Step 1 of the 
Tailoring Rule covers sources that are required to obtain a PSD permit 
based on emissions of pollutants other than GHGs. Step 2 applied to 
sources that emitted only GHGs above the thresholds triggering the 
requirement to obtain a PSD permit. The amended judgment preserves, 
without the need for additional rulemaking by EPA, the application of 
the BACT requirement to GHG emissions from Step 1 or ``anyway'' 
sources. With respect to Step 2 sources, the D.C. Circuit's amended 
judgment vacated the regulations at issue in the litigation, including 
40 CFR 51.166(b)(48)(v), ``to the extent they require a stationary 
source to obtain a PSD permit if greenhouse gases are the only 
pollutant (i) that the source emits or has the potential to emit above 
the applicable major source thresholds, or (ii) for which there is a 
significant emission increase from a modification.''
    EPA is planning to take additional steps to revise Federal PSD 
rules to address the Supreme Court's opinion and subsequent D.C. 
Circuit's ruling. Some states have begun to revise their existing SIP-
approved PSD programs in light of these court decisions, and some 
states may prefer not to initiate this process until they have more 
information about the planned revisions to EPA's PSD regulations. EPA 
is not expecting states to have revised their PSD programs in 
anticipation of EPA's planned actions to revise its PSD program rules 
in response to the court decisions. For purposes of infrastructure SIP 
submissions, EPA is only evaluating such submissions to assure that the 
State's program addresses GHGs consistent with both court decisions.
    At present, EPA has determined the Illinois SIP is sufficient to 
satisfy CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 
110(a)(2)(J) with respect to GHGs. IEPA's PSD permitting program 
approved by EPA into the SIP on September 9, 2021 (86 FR 50459), 
contains provisions at 35 IAC 204.700 stating GHGs are subject to 
regulation. Additionally, 35 IAC 204.430 defines GHGs, 35 IAC 204.660 
establishes significance thresholds, and 35 IAC Part 204, Subpart K 
establish Plantwide Applicability Limitations. Further, 35 IAC 204.490 
and 204.510 specify that for major modifications and major stationary 
sources, significant net emission increase requirements apply to 
regulated NSR pollutants other than GHGs, and 35 IAC 204.1100 
establishes requirements for major stationary sources and major 
modifications, including the application of BACT, for each regulated 
NSR pollutant. Hence, IEPA's approved PSD program continues to require 
that PSD permits issued to ``anyway sources'' contain limitations on 
GHG emissions based on the application of BACT. EPA finds that Illinois 
has met the infrastructure SIP requirements of section 110(a)(2)(C) 
with respect to the 2012 PM2.5 and 2015 ozone NAAQS.

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

    Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and 
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct 
components, commonly referred to as ``prongs,'' that must be addressed 
in infrastructure SIP submissions. The first two prongs, which are 
codified in section 110(a)(2)(D)(i)(I), prohibit any source or other 
type of emissions activity in one state from contributing significantly 
to nonattainment of the NAAQS in another state (prong 1) and from 
interfering with maintenance of the NAAQS in another state (prong 2). 
The third and fourth prongs, which are codified in section 
110(a)(2)(D)(i)(II), prohibit emissions activity in one state from 
interfering with measures required to prevent significant deterioration 
of air quality in another state (prong 3) or from interfering with 
measures to protect visibility in another state (prong 4).
    Section 110(a)(2)(D)(ii) requires each SIP to contain adequate 
provisions requiring compliance with the applicable requirements of CAA 
section 126 and section 115 (relating to interstate and international 
pollution abatement, respectively).
1. Significant Contribution to Nonattainment
    EPA previously approved Illinois' good neighbor provisions on June 
20, 2019 (84 FR 28745), regarding PM2.5. Comments received 
were addressed in the referenced approval document. EPA

[[Page 53877]]

finds that Illinois has met the infrastructure SIP requirements of 
section 110(a)(2)(C) with respect to the 2012 PM2.5 NAAQS.
    Further, in this rulemaking, EPA is not evaluating section 
110(a)(2)(D)(i)(I) requirements relating to significant contribution to 
nonattainment for the 2015 ozone NAAQS. Instead, EPA will evaluate 
these requirements in a separate rulemaking.
2. Interference With Maintenance
    EPA previously approved Illinois' good neighbor provisions on June 
20, 2019 (84 FR 28745), regarding PM2.5. EPA finds that 
Illinois has met the infrastructure SIP requirements of section 
110(a)(2)(C) with respect to the 2012 PM2.5 NAAQS.
    Further, in this rulemaking, EPA is not evaluating section 
110(a)(2)(D)(i)(I) requirements relating to significant contribution to 
nonattainment for the 2015 ozone NAAQS. Instead, EPA will evaluate 
these requirements in a separate rulemaking.
3. Interference With PSD
    Illinois' satisfaction of the applicable infrastructure SIP PSD 
requirements has been detailed in the discussion of CAA section 
110(a)(2)(C) above. The findings in that discussion related to PSD are 
consistent with the findings related to PSD for CAA section 
110(a)(2)(D)(i)(II) stated below.
    EPA previously disapproved revisions to Illinois' SIP to meet 
certain requirements obligated by the Phase 2 Rule and the 2008 NSR 
Rule. See 77 FR 65478 (Oct. 29, 2012), 79 FR 62042 (Oct. 16, 2014). The 
proposed revisions had included provisions that explicitly identify 
NOX as a precursor to ozone, explicitly identify 
SO2 and NOX as precursors to PM2.5, 
regulate condensable PM2.5 and PM10 in 
applicability determinations, regulate condensable PM2.5 and 
PM10 in applicability determinations for purposes of 
establishing emission limits, and incorporate the PM2.5 
increments and the associated implementation regulations, including the 
major source baseline date, trigger date, and level of significance for 
PM2.5, as required by the 2010 NSR Rule. However, Illinois 
had no further obligations to EPA because federally promulgated rules, 
promulgated at 40 CFR 52.21 were in effect in the State. See id. As 
previously mentioned, EPA has approved a state PSD program in Illinois 
to satisfy the referenced requirements of the 2008 and 2010 NSR Rules 
(86 FR 50459, September 9, 2021). Therefore, EPA finds that Illinois' 
SIP contains provisions that adequately address the infrastructure 
requirements for the 2012 PM2.5 and 2015 ozone NAAQS.
    States also have an obligation to ensure that sources located in 
nonattainment areas do not interfere with a neighboring state's PSD 
program. This requirement can be satisfied 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 are contained in 35 IAC 
Part 203 and are consistent with 40 CFR 51.165 (60 FR 27411, May 24, 
1995). IEPA recently amended 35 IAC Part 203 to update the provisions 
in this regulation that refer to permits issued under 40 CFR 52.21 to 
refer to permits issued under 40 CFR 52.21 (IEPA's previous FIP for 
issuing PSD permits) or 35 IAC 204, Illinois' new regulation for a 
state PSD permitting program as previously mentioned. Therefore, EPA 
finds that Illinois has met all the applicable PSD requirements for the 
2012 PM2.5 and 2015 ozone NAAQS.
4. Interference With Visibility Protection
    In this rulemaking, EPA is not approving or disapproving Illinois' 
satisfaction of the visibility protection requirements of section 
110(a)(2)(D)(i)(II), transport prong 4, for the 2012 PM2.5 
and 2015 ozone NAAQS. Instead, EPA will evaluate Illinois' compliance 
with these requirements in a separate rulemaking.
5. Interstate and International Pollution Abatement
    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.
    Illinois has provisions in its recently SIP-approved PSD program in 
35 IAC 252.201 requiring new or modified sources to notify neighboring 
states of potential negative air quality impacts and has referenced 
this program as having adequate provisions to meet the requirements of 
CAA section 126(a). Illinois does not have obligations under any other 
subsection of CAA section 126, nor does it have any pending obligations 
under CAA section 115. Therefore, EPA finds that Illinois has met all 
applicable infrastructure SIP requirements of CAA section 
110(a)(2)(D)(ii) with respect to the 2012 PM2.5 and 2015 
ozone NAAQS.

E. Section 110(a)(2)(E)--Adequate Resources; State Board Requirements

    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.
1. Adequate Resources
    To satisfy the adequate resources requirements of section 
110(a)(2)(E), the state should provide assurances that its air agency 
has adequate resources, personnel, and legal authority to implement the 
relevant NAAQS. IEPA's Performance Partnership Agreement \10\ with EPA 
provides IEPA's assurances of resources to carry out certain air 
programs. The provision at 415 ILCS \5/4\ provides IEPA with the 
authority to develop rules and regulations necessary to meet ambient 
air quality standards. Additionally, the 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 Policy Act. The IPCB helps ensure 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). Further, 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 NSR program implementation and maintenance of an EPA-
approved statewide air quality surveillance network required by section 
110(a)(2)(B) of the CAA. IEPA states that it currently has nine full 
time construction permit engineers that perform construction permit 
activities, and that it has an adequate revenue stream from permit fees 
to support such activities. Therefore, EPA finds that Illinois has met 
the infrastructure SIP requirements of this portion of section 
110(a)(2)(E)

[[Page 53878]]

with respect to the 2012 PM2.5 and 2015 ozone NAAQS.
---------------------------------------------------------------------------

    \10\ https://www2.illinois.gov/epa/about-us/Pages/performance-partnership-agreement.aspx.
---------------------------------------------------------------------------

2. State Board Requirements
    Section 110(a)(2)(E) also requires each SIP to set forth provisions 
that comply with the state board requirements of section 128 of the 
CAA. Specifically, this section 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. Further, under section 
128(a)(2), the head of the executive agency with the power to approve 
permits or enforcement orders must adequately disclose any potential 
conflicts of interest.
    On January 25, 2018, IEPA submitted 35 IAC 101.112(d) for 
incorporation into the SIP, pursuant to section 128 of the CAA. This 
rule applies to the IPCB which has the authority to approve permits and 
enforcement orders. The language found in 35 IAC 101.112(d) is 
identical to the language in CAA section 128 and was approved into the 
SIP on September 23, 2019 (84 FR 50459). Therefore, EPA finds that 
Illinois has satisfied the applicable infrastructure SIP requirements 
for this section of 110(a)(2)(E) for the 2012 PM2.5 and 2015 
ozone NAAQS.

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

    Section 110(a)(2)(F) contains several requirements, each of which 
are described below.
    States must establish a system to monitor emissions from stationary 
sources and submit periodic emissions reports. Each SIP 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 the CAA. Lastly, the reports shall be 
available at reasonable times for public inspection.
    IEPA 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 BOA's Compliance Unit 
for review, and all reasonable efforts are made by IEPA to maximize the 
effectiveness of available resources to review the required reports 
(415 ILCS \5/4\, 5 and 10). EPA finds that Illinois has met the 
infrastructure SIP requirements of section 110(a)(2)(F) with respect to 
the 2012 PM2.5 and 2015 ozone NAAQS.

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

    Section 110(a)(2)(G) requires the SIP to provide for an emergency 
powers authority analogous to that in section 303 of the CAA, and 
adequate contingency plans to implement such authority. EPA's 2013 
Guidance states that infrastructure SIP submissions should specify 
authority, vested 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. The provision at 
415 ILCS 5/43(a) authorizes the IEPA 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 finds that Illinois has met the 
infrastructure SIP requirements of section 110(a)(2)(G) with respect to 
the 2012 PM2.5 and 2015 ozone 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, to the 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 IEPA, 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 finds that 
Illinois has met the infrastructure SIP requirements of section 
110(a)(2)(H) with respect to the 2012 PM2.5 and 2015 ozone 
NAAQS.

I. Section 110(a)(2)(I)--Nonattainment Planning Requirements of 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 will take action on 
Illinois' part D attainment plans through separate processes.

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

    The evaluation of the submission from Illinois with respect to the 
requirements of section 110(a)(2)(J) are described below.
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.
    IEPA is required to give notice to the Office of the Attorney 
General and the Illinois Department of Natural Resources during the 
rulemaking process per 35 IAC Part 102. 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, IEPA 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. IEPA also consults with Missouri through a process 
established in a Memorandum of Agreement. EPA finds that Illinois has 
satisfied the infrastructure SIP requirements of this portion of 
section 110(a)(2)(J) with respect to the 2012 PM2.5 and 2015 
ozone NAAQS.
2. Public Notification
    Section 110(a)(2)(J) also requires states to notify the public if 
NAAQS are exceeded in an area and to enhance public awareness of 
measures that can be taken to prevent exceedances. IEPA 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. IEPA actively populates EPA's AIRNOW 
program and distributes the information to interested

[[Page 53879]]

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 website 
specifically for air quality alerts,\11\ and prepares annual data 
reports from its complete monitoring network and provides a daily air 
quality index to the public and media. Therefore, EPA finds that 
Illinois has met the infrastructure SIP requirements of this portion of 
section 110(a)(2)(J) with respect to the 2012 PM2.5 and 2015 
ozone NAAQS.
---------------------------------------------------------------------------

    \11\ https://www.epa.state.il.us/air/air-quality-menu.html.
---------------------------------------------------------------------------

3. PSD
    States must meet applicable requirements of section 110(a)(2)(C) 
related to PSD. Illinois' PSD program in the context of infrastructure 
SIPs has already been discussed above in the paragraphs addressing 
section 110(a)(2)(C) and section 110(a)(2)(D)(i)(II), and EPA notes 
that the findings for those sections are consistent with the findings 
for this portion of section 110(a)(2)(J). Therefore, EPA finds that 
Illinois has met all the infrastructure SIP requirements for PSD 
associated with section 110(a)(2)(J) for the 2012 PM2.5 and 
2015 ozone NAAQS.
4. 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 
2012 PM2.5 and 2015 ozone NAAQS.

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

    SIPs must provide for performance of air quality modeling to 
predict the effects on air quality from emissions of any NAAQS 
pollutant and the submission of such data to EPA upon request.
    IEPA maintains the capability and authority to perform modeling of 
the air quality impacts of emissions of all criteria pollutants, 
including the capability to use complex photochemical grid models per 
415 ILCS \5/4\. This modeling is used in support of the SIP for all 
nonattainment areas in the state. IEPA 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, IEPA 
participates in LADCO, which conducts regional modeling that is used 
for statewide planning purposes. EPA finds that Illinois has met the 
infrastructure SIP requirements of section 110(a)(2)(K) with respect to 
the 2012 PM2.5 and 2015 ozone 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.
    IEPA 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. As previously mentioned, IEPA states that 
it currently has nine full time construction permit engineers that 
perform construction permit activities, and that it has an adequate 
revenue stream from permit fees to support such activities. Further, 
IEPA has increased BOA staffing and appropriation from 2019 to 2020, 
with projected increases continuing through 2021. EPA finds that 
Illinois has met the infrastructure SIP requirements of section 
110(a)(2)(L) with respect to the 2012 PM2.5 and 2015 ozone 
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 IEPA are 
consistent with 35 IAC Part 164 (Procedures for Informational and 
Quasi-Legislative Public Hearings) and 35 IAC Part 252 (Public 
Participation in the Air Pollution Control Permit Program); the latter 
is an approved portion of Illinois' SIP. See 50 FR 38803 (June 1, 1984) 
and 86 FR 21207 (April 22, 2021). EPA finds that Illinois has met the 
infrastructure SIP requirements of section 110(a)(2)(M) with respect to 
the 2012 PM2.5 and 2015 ozone NAAQS.

III. Applicability of PSD Requirements

    As previously mentioned, IEPA submitted to EPA a request on 
September 22, 2020, to revise the Illinois SIP to establish a SIP-
approved PSD program in Illinois, replacing the previous FIP. IEPA 
requested that EPA incorporate into the SIP Title 35 IAC Part 204 
containing the new PSD program, and revisions to 35 IAC Parts 252 and 
203. The request was approved on September 9, 2021 (86 FR 50459), and 
addressed comments received during EPA's public comment period.
    While this action primarily addresses the 2012 PM2.5 and 
2015 ozone NAAQS, EPA is approving several elements for the 1997 ozone, 
1997 PM2.5, 2006 PM2.5, 2008 ozone, 2008 lead, 
2010 NO2, and 2010 SO2 NAAQS. Specifically, EPA 
is approving elements 110(a)(2)(C), (D) and (J) pertaining to PSD 
requirements. For 110(a)(2)(C), IEPA's new PSD program addresses: (i) 
PSD provisions that explicitly identify NOX as a precursor 
to ozone in the PSD program; (ii) identification of precursors to 
PM2.5 and the identification of PM2.5 and 
PM10 condensables in the PSD program; (iii) PM2.5 
increments in the PSD program; and (iv) GHG permitting and the 
``Tailoring Rule'' in the PSD program. IEPA's new PSD program also 
addresses the requirements under 110(a)(2)(D) to ensure that sources 
located in nonattainment areas do not interfere with a neighboring 
state's PSD program as well as meeting requirements relating to 
interstate and international pollution abatement. EPA notes that the 
findings for sections (C) and (D) are consistent with the findings for 
this portion of section 110(a)(2)(J). IEPA's satisfaction of these 
elements is discussed in the appropriate sections above. Because EPA is 
acting on the Illinois' submittal for a minimal quantity of the 
110(a)(2) infrastructure elements for the referenced NAAQS, these 
elements are not included in the table in the following section, but 
are contained in the codification of this action. EPA finds that 
Illinois has met 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 PM2.5, 
2006 PM2.5, 2008 ozone, 2008 lead, 2010 NO2, and 
2010 SO2 NAAQS.

IV. What action is EPA taking?

    EPA is approving most elements of a submission from IEPA certifying 
that its current SIP is sufficient to meet the required infrastructure 
elements under sections 110(a)(1) and (2) for the 2012 PM2.5 
and 2015 ozone NAAQS.\12\ The

[[Page 53880]]

table below summarizes EPA's actions on Illinois' submittal in 
satisfaction of the infrastructure SIP requirements pursuant to section 
110(a)(2). 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 PM2.5, 2006 
PM2.5, 2008 ozone, 2008 lead, 2010 NO2, and 2010 
SO2 NAAQS.
---------------------------------------------------------------------------

    \12\ EPA emphasizes that the recently approved PSD provisions 
discussed in 110(a)(2)(C), (D) and (J) are not limited to ozone and 
PM2.5. See Applicability of PSD requirements section 
above for more information on elements approved for the 1997 ozone, 
2008 ozone, 2008 lead, 2010 NO2, 1997 PM2.5, 
2006 PM2.5, and 2010 SO2 NAAQS.

----------------------------------------------------------------------------------------------------------------
                                    Element                                        2012 PM2.5       2015 Ozone
----------------------------------------------------------------------------------------------------------------
(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               NA
 nonattainment................................................................
(D)2--I Prong 2: Interstate transport--interference with maintenance..........              PA               NA
(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
----------------------------------------------------------------------------------------------------------------

    In the above table, the key is as follows:

------------------------------------------------------------------------
                 A                                 Approve
------------------------------------------------------------------------
NA................................  No Action/Separate Rulemaking.
PA................................  Previously Approved.
D.................................  Disapprove.
*.................................  Not germane to infrastructure SIPs.
------------------------------------------------------------------------

    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 November 29, 
2021 without further notice unless we receive relevant adverse written 
comments by October 29, 2021. 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. 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 
November 29, 2021.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land

[[Page 53881]]

or in any other area where EPA or an Indian tribe has demonstrated that 
a tribe has jurisdiction. In those areas of Indian country, the rule 
does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 29, 2021. 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 this 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).)

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.

    Dated: September 22, 2021.
Cheryl Newton,
Acting 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 revising 
the entries for ``1997 8-hour Ozone NAAQS Infrastructure 
Requirements'', ``1997 PM2.5 NAAQS Infrastructure 
Requirements'', ``2006 24-hour PM2.5 NAAQS Infrastructure 
Requirements'', ``2008 Lead NAAQS Infrastructure Requirements'', ``2008 
Ozone NAAQS Infrastructure Requirements'', ``2010 NO2 NAAQS 
Infrastructure Requirements'', ``2010 SO2 NAAQS 
Infrastructure Requirements'', and ``2012 PM2.5 NAAQS 
Infrastructure Requirements'' and adding an entry for ``2015 Ozone 
NAAQS Infrastructure Requirements'' at the end of the table to read as 
follows:


Sec.  52.720   Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                  Applicable geographic   State submittal
     Name of SIP provision        or nonattainment area         date        EPA approval date       Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  Section 110(a)(2) Infrastructure Requirements
----------------------------------------------------------------------------------------------------------------
1997 8-hour Ozone NAAQS          Statewide.............  12/12/2007 and 9/  9/29/2021,         All CAA
 Infrastructure Requirements.                             22/2020.           [INSERT Federal    infrastructure
                                                                             Register           elements under
                                                                             CITATION].         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/  9/29/2021,         All CAA
 Requirements.                                            22/2020.           [INSERT Federal    infrastructure
                                                                             Register           elements under
                                                                             CITATION].         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,          9/29/2021,         All CAA
 Infrastructure Requirements.                             supplemented on    [INSERT Federal    infrastructure
                                                          8/25/2011, 6/27/   Register           elements under
                                                          2012, 7/5/2017     CITATION].         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.
2008 Lead NAAQS Infrastructure   Statewide.............  12/31/2012, 7/5/   9/29/2021,         All CAA
 Requirements.                                            2017 and 9/22/     [INSERT Federal    infrastructure
                                                          2020.              Register           elements under
                                                                             CITATION].         110(a)(2) have
                                                                                                been approved.
2008 Ozone NAAQS Infrastructure  Statewide.............  12/31/2012, 7/5/   9/29/2021,         All CAA
 Requirements.                                            2017 and 9/22/     [INSERT Federal    infrastructure
                                                          2020.              Register           elements under
                                                                             CITATION].         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/   9/29/2021,         All CAA
 Requirements.                                            2017 and 9/22/     [INSERT Federal    infrastructure
                                                          2020.              Register           elements under
                                                                             CITATION].         110(a)(2) have
                                                                                                been approved.

[[Page 53882]]

 
2010 SO2 NAAQS Infrastructure    Statewide.............  12/31/2012, 7/5/   9/29/2021,         All CAA
 Requirements.                                            2017 and 9/22/     [INSERT Federal    infrastructure
                                                          2020.              Register           elements under
                                                                             CITATION].         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/   9/29/2021,         All CAA
 Requirements.                                            22/2020.           [INSERT Federal    infrastructure
                                                                             Register           elements under
                                                                             CITATION].         110(a)(2) have
                                                                                                been approved.
2015 Ozone NAAQS Infrastructure  Statewide.............  5/16/2019 and 9/   9/29/2021,         All CAA
 Requirements.                                            22/2020.           [INSERT Federal    infrastructure
                                                                             Register           elements under
                                                                             CITATION].         110(a)(2) have
                                                                                                been approved
                                                                                                except (D)(i)(I)
                                                                                                Prongs 1, 2 and
                                                                                                (D)(i)(II) Prong
                                                                                                4. No action has
                                                                                                been taken on
                                                                                                those elements.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-21027 Filed 9-28-21; 8:45 am]
BILLING CODE 6560-50-P