[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