Approval and Promulgation of Air Quality Implementation Plans; Illinois; Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2, 40693-40701 [2014-16287]
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[FR Doc. 2014–16340 Filed 7–11–14; 8:45 am]
BILLING CODE 6750–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0969; EPA–R05–
OAR–2012–0991; EPA–R05–OAR–2013–
0435; FRL–9913–16–Region–5]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Infrastructure SIP Requirements for
the 2008 Ozone, 2010 NO2, and 2010
SO2 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
some elements and disapprove other
elements of a state implementation plan
(SIP) submission from Illinois regarding
the infrastructure requirements of
section 110 of the Clean Air Act (CAA)
for the 2008 8-hour ground level ozone,
2010 nitrogen dioxide (NO2), and 2010
sulfur dioxide (SO2) National Ambient
Air Quality Standards (NAAQS). The
infrastructure requirements are designed
to ensure that the structural components
of each state’s air quality management
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SUMMARY:
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program are adequate to meet the state’s
responsibilities under the CAA. Illinois
already administers Federally
promulgated regulations that address
the proposed disapprovals described in
today’s rulemaking. Therefore, the state
will not be obligated to submit any new
or additional regulations as a result of
a future final disapproval.
DATES: Comments must be received on
or before August 13, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2011–0969 (2008 ozone
infrastructure elements), EPA–R05–
OAR–2012–0991 (2010 NO2
infrastructure elements), or EPA–R05–
OAR–2013–0435 (2010 SO2
infrastructure elements) by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 408–2279.
4. Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID. EPA–R05–OAR–2011–0969
(2008 ozone infrastructure elements),
EPA–R05–OAR–2012–0991 (2010 NO2
infrastructure elements), or EPA–R05–
OAR–2013–0435 (2010 SO2
infrastructure elements). EPA’s policy is
that all comments received will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through
www.regulations.gov or email. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
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40693
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov your email address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the U.S. Environmental Protection
Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays. We recommend that
you telephone Andy Chang,
Environmental Engineer, at (312) 886–
0258 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Andy Chang, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–0258,
chang.andy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What should I consider as I prepare my
comments for EPA?
II. What is the background of these SIP
submissions?
A. What state SIP submissions does this
rulemaking address?
B. Why did the state make these SIP
submissions?
C. What is the scope of this rulemaking?
III. What guidance is EPA using to evaluate
these SIP submissions?
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IV. What is the result of EPA’s review of
these SIP submissions?
A. Section 110(a)(2)(A)—Emission Limits
and Other Control Measures
B. Section 110(a)(2)(B)—Ambient Air
Quality Monitoring/Data System
C. Section 110(a)(2)(C)—Program for
Enforcement of Control Measures; PSD
D. Section 110(a)(2)(D)—Interstate
Transport
E. Section 110(a)(2)(E)—Adequate
Resources
F. Section 110(a)(2)(F)—Stationary Source
Monitoring System
G. Section 110(a)(2)(G)—Emergency
Powers
H. Section 110(a)(2)(H)—Future SIP
Revisions
I. Section 110(a)(2)(I)—Nonattainment Area
Plan or Plan Revisions Under Part D
J. Section 110(a)(2)(J)—Consultation With
Government Officials; Public
Notifications; PSD; Visibility Protection
K. Section 110(a)(2)(K)—Air Quality
Modeling/Data
L. Section 110(a)(2)(L)—Permitting Fees
M. Section 110(a)(2)(M)—Consultation/
Participation by Affected Local Entities
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
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I. What should I consider as I prepare
my comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date, and page number).
2. Follow directions—EPA may ask
you to respond to specific questions or
organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data that you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period
deadline identified.
Illinois Environmental Protection
Agency (Illinois EPA) intended to
address all applicable infrastructure
requirements for the 2008 ozone, 2010
NO2, and 2010 SO2 NAAQS.
B. Why did the state make these SIP
submissions?
Under sections 110(a)(1) and (2) of the
CAA, states are required to submit
infrastructure SIPs to ensure that their
SIPs provide for implementation,
maintenance, and enforcement of the
NAAQS, including the 2008 ozone,
2010 NO2, and 2010 SO2 NAAQS. These
submissions must contain any revisions
needed for meeting the applicable SIP
requirements of section 110(a)(2), or
certifications that their existing SIPs for
the NAAQS already meet those
requirements.
EPA highlighted this statutory
requirement in an October 2, 2007,
guidance document entitled ‘‘Guidance
on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997
8-hour Ozone and PM2.5 National
Ambient Air Quality Standards’’ (2007
Memo). On September 25, 2009, EPA
issued an additional guidance document
pertaining to the 2006 PM2.5 1 NAAQS
entitled ‘‘Guidance on SIP Elements
Required Under Sections 110(a)(1) and
(2) for the 2006 24-Hour Fine Particle
(PM2.5) National Ambient Air Quality
Standards (NAAQS)’’ (2009 Memo),
followed by the October 14, 2011,
‘‘Guidance on infrastructure SIP
Elements Required Under Sections
110(a)(1) and (2) for the 2008 Lead (Pb)
National Ambient Air Quality Standards
(NAAQS)’’ (2011 Memo). Most recently,
EPA issued ‘‘Guidance on Infrastructure
State Implementation Plan (SIP)
Elements under Clean Air Act Sections
110(a)(1) and (2)’’ on September 13,
2013 (2013 Memo). The SIP submissions
referenced in this rulemaking pertain to
the applicable requirements of section
110(a)(1) and (2), and address the 2008
ozone, 2010 NO2, and 2010 SO2
NAAQS. To the extent that the
prevention of significant deterioration
(PSD) program is comprehensive and
non-NAAQS specific, a narrow
evaluation of other NAAQS, such as the
1997 8-hour ozone and 2006 PM2.5
NAAQS will be included in the
appropriate sections.
A. What state SIP submissions does this
rulemaking address?
C. What is the scope of this rulemaking?
EPA is acting upon the SIP
submission from Illinois that address
the infrastructure requirements of CAA
sections 110(a)(1) and 110(a)(2) for the
This rulemaking addresses a
December 31, 2012, submission and a
June 11, 2014, clarification from the
1 PM
2.5 refers to particulate matter of 2.5 microns
or less in diameter, oftentimes referred to as ‘‘fine’’
particles.
II. What is the background of these SIP
submissions?
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2008 ozone, 2010 NO2, and 2010 SO2
NAAQS. The requirement for states to
make a SIP submission of this type
arises out of CAA section 110(a)(1).
Pursuant to section 110(a)(1), states
must make SIP submissions ‘‘within 3
years (or such shorter period as the
Administrator may prescribe) after the
promulgation of a national primary
ambient air quality standard (or any
revision thereof),’’ and these SIP
submissions are to provide for the
‘‘implementation, maintenance, and
enforcement’’ of such NAAQS. The
statute directly imposes on states the
duty to make these SIP submissions,
and the requirement to make the
submissions is not conditioned upon
EPA’s taking any action other than
promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of
specific elements that ‘‘[e]ach such
plan’’ submission must address.
EPA has historically referred to these
SIP submissions made for the purpose
of satisfying the requirements of CAA
sections 110(a)(1) and 110(a)(2) as
‘‘infrastructure SIP’’ submissions.
Although the term ‘‘infrastructure SIP’’
does not appear in the CAA, EPA uses
the term to distinguish this particular
type of SIP submission from
submissions that are intended to satisfy
other SIP requirements under the CAA,
such as ‘‘nonattainment SIP’’ or
‘‘attainment plan SIP’’ submissions to
address the nonattainment planning
requirements of part D of title I of the
CAA, ‘‘regional haze SIP’’ submissions
required by EPA rule to address the
visibility protection requirements of
CAA section 169A, and nonattainment
new source review (NNSR) permit
program submissions to address the
permit requirements of CAA, title I, part
D.
This rulemaking will not cover three
substantive areas that are not integral to
acting on a state’s infrastructure SIP
submission: (i) Existing provisions
related to excess emissions during
periods of start-up, shutdown, or
malfunction at sources, that may be
contrary to the CAA and EPA’s policies
addressing such excess emissions
(‘‘SSM’’); (ii) existing provisions related
to ‘‘director’s variance’’ or ‘‘director’s
discretion’’ that purport to permit
revisions to SIP approved emissions
limits with limited public process or
without requiring further approval by
EPA, that may be contrary to the CAA
(‘‘director’s discretion’’); and, (iii)
existing provisions for PSD programs
that may be inconsistent with current
requirements of EPA’s ‘‘Final NSR
Improvement Rule,’’ 67 FR 80186
(December 31, 2002), as amended by 72
FR 32526 (June 13, 2007) (‘‘NSR
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Reform’’). Instead, EPA has the
authority to address each one of these
substantive areas in separate
rulemakings. A detailed history,
interpretation, and rationale as they
relate to infrastructure SIP requirements
can be found in EPA’s May 13, 2014,
proposed rule entitled, ‘‘Infrastructure
SIP Requirements for the 2008 Lead
NAAQS’’ in the section, ‘‘What is the
scope of this rulemaking?’’ (see 79 FR
27241 at 27242–27245).
III. What guidance is EPA using to
evaluate these SIP submissions?
EPA’s guidance for these
infrastructure SIP submissions is
embodied in the 2007 Memo.
Specifically, attachment A of this
memorandum (Required Section 110
SIP Elements) identifies the statutory
elements that states need to submit in
order to satisfy the requirements for an
infrastructure SIP submission. The 2009
Memo was issued to provide additional
guidance for certain elements to meet
the requirements of section 110(a)(1)
and (2) of the CAA, and the 2011 Memo
echoes previously issued guidance
while also providing specific guidance
with respect to the 2008 lead NAAQS.
Lastly, the 2013 Memo identifies and
further clarifies aspects of infrastructure
SIPs that are not NAAQS specific.
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IV. What is the result of EPA’s review
of these SIP submissions?
As noted in the 2011 Memo and
reiterated in the 2013 Memo, pursuant
to section 110(a), states must provide
reasonable notice and opportunity for
public hearing for all infrastructure SIP
submissions. The public comment
period for Illinois EPA’s infrastructure
SIP submission ended on December 26,
2012; during this period, the state did
not receive any written comments, nor
was there a request for a public hearing.
EPA is also soliciting comment on our
evaluation of the state’s infrastructure
SIP submission in this notice of
proposed rulemaking. Illinois provided
a detailed synopsis of how various
components of its SIP meet each of the
applicable requirements in section
110(a)(2) for the 2008 ozone, 2010 NO2,
and 2010 SO2 NAAQS, as applicable.
The following review evaluates the
state’s submissions.
A. Section 110(a)(2)(A)—Emission
Limits and Other Control Measures
This section requires SIPs to include
enforceable emission limits and other
control measures, means or techniques,
schedules for compliance, and other
related matters. However, EPA has long
interpreted emission limits and control
measures for attaining the standards as
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being due when nonattainment
planning requirements are due.2 In the
context of an infrastructure SIP, EPA is
not evaluating the existing SIP
provisions for this purpose. Instead,
EPA is only evaluating whether the
state’s SIP has basic structural
provisions for the implementation of the
NAAQS.
The Illinois Environmental Protection
Act is contained in chapter 415, section
5, of the Illinois Compiled Statutes (415
ILCS 5). 415 ILCS 5/4 provides Illinois
EPA with the authority to develop rules
and regulations necessary to meet
ambient air quality standards.
Additionally, the Illinois Pollution
Control Board (IPCB) was created under
415 ILCS 5, providing the IPCB with the
authority to develop rules and
regulations necessary to promote the
purposes of the Illinois Environmental
Protection Act. Furthermore, the IPCB
ensures compliance with required laws
and other elements of the state’s
attainment plan that are necessary to
attain the NAAQS, and to comply with
the requirements of the CAA (415 ILCS
5/10). EPA proposes that Illinois has
met the infrastructure SIP requirements
of section 110(a)(2)(A) with respect to
the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS.
As previously noted, EPA is not
proposing to approve or disapprove any
existing state provisions or rules related
to SSM or director’s discretion in the
context of section 110(a)(2)(A).
B. Section 110(a)(2)(B)—Ambient Air
Quality Monitoring/Data System
This section requires SIPs to include
provisions to provide for establishing
and operating ambient air quality
monitors, collecting and analyzing
ambient air quality data, and making
these data available to EPA upon
request. This review of the annual
monitoring plan includes EPA’s
determination that the state: (i) Monitors
air quality at appropriate locations
throughout the state using EPAapproved Federal Reference Methods or
Federal Equivalent Method monitors;
(ii) submits data to EPA’s Air Quality
System (AQS) in a timely manner; and,
(iii) provides EPA Regional Offices with
prior notification of any planned
changes to monitoring sites or the
network plan.
Illinois EPA continues to operate an
extensive monitoring network
incorporating more than 200 monitors
throughout the state. Illinois EPA also
publishes an annual report that
2 See, e.g., EPA’s 73 FR 66964 at 67034, final rule
on ‘‘National Ambient Air Quality Standards for
Lead.’’
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summarizes air quality trends.
Furthermore, Illinois EPA submits
yearly monitoring network plans to
EPA, and EPA approved the 2014
Annual Air Monitoring Network Plan
for ozone, NO2, and SO2 on August 21,
2013. Monitoring data from Illinois EPA
are entered into AQS in a timely
manner, and the state provides EPA
with prior notification when changes to
its monitoring network or plan are being
considered. EPA proposes that Illinois
has met the infrastructure SIP
requirements of section 110(a)(2)(B)
with respect to the 2008 ozone, 2010
NO2, and 2010 SO2 NAAQS.
C. Section 110(a)(2)(C)—Program for
Enforcement of Control Measures; PSD
States are required to include a
program providing for enforcement of
all SIP measures and the regulation of
construction of new or modified
stationary sources to meet NSR
requirements under PSD and NNSR
programs. Part C of the CAA (sections
160–169B) addresses PSD, while part D
of the CAA (sections 171–193) addresses
NNSR requirements.
The evaluation of Illinois EPA’s
submission addressing the
infrastructure SIP requirements of
section 110(a)(2)(C) covers: (i)
Enforcement of SIP measures; (ii)
Identification of oxides of nitrogen
(NOX) as a precursor to ozone
provisions in the PSD program; (iii)
identification of precursors to PM2.5 and
the identification of PM2.5 and PM10 3
condensables in the PSD program; (iv)
PM2.5 increments in the PSD program;
and, (v) greenhouse gas (GHG)
permitting and the ‘‘Tailoring Rule.’’ 4
Sub-Element 1: Enforcement of SIP
Measures
Illinois continues to staff and
implement an enforcement program
comprised of and operated by the
Compliance Section and Division of
Legal Counsel. 415 ILCS 5/4 provides
the Director of Illinois EPA with the
3 PM
10 refers to particles with diameters between
2.5 and 10 microns, oftentimes referred to as
‘‘coarse’’ particles.
4 In EPA’s April 28, 2011, proposed rulemaking
for infrastructure SIPS for the 1997 ozone and PM2.5
NAAQS, we stated that each state’s PSD program
must meet applicable requirements for evaluation of
all regulated NSR pollutants in PSD permits (see 76
FR 23757 at 23760). This view was reiterated in
EPA’s August 2, 2012, proposed rulemaking for
infrastructure SIPs for the 2006 PM2.5 NAAQS (see
77 FR 45992 at 45998). In other words, if a state
lacks provisions needed to adequately address NOX
as a precursor to ozone, PM2.5 precursors, PM2.5 and
PM10 condensables, PM2.5 increments, or the
Federal GHG permitting thresholds, the provisions
of section 110(a)(2)(C) requiring a suitable PSD
permitting program must be considered not to be
met irrespective of the NAAQS that triggered the
requirement to submit an infrastructure SIP.
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authority to implement and administer
this enforcement program. Furthermore,
Illinois EPA has confirmed that all
enforcement actions are brought by the
Office of the Illinois Attorney General or
local State’s Attorney offices, with
whom Illinois EPA consults. EPA
proposes that Illinois has met the
enforcement of SIP measures
requirements of section 110(a)(2)(C)
with respect to the 2008 ozone, 2010
NO2, and 2010 SO2 NAAQS.
EPA recognizes that Illinois has not
adopted or submitted regulations
intended to meet each of the PSD
program and GHG permitting/Tailoring
Rule sub-element requirements, as
described below. However, Federally
promulgated rules for each of these
regulations and their associated
requirements are in effect in the state,
promulgated at 40 CFR 52.21. EPA has
currently delegated the authority to
implement these regulations to Illinois
and as a result, the state has no further
obligations to EPA, i.e., to submit new
or revised regulations, because it
already administers the Federally
promulgated PSD regulations.
Sub-Element 2: Identification of NOX as
a Precursor to Ozone Provisions in the
PSD Program
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EPA’s ‘‘Final Rule to Implement the 8Hour Ozone National Ambient Air
Quality Standard—Phase 2; Final Rule
to Implement Certain Aspects of the
1990 Amendments Relating to New
Source Review and Prevention of
Significant Deterioration as They Apply
in Carbon Monoxide, Particulate Matter,
and Ozone NAAQS; Final Rule for
Reformulated Gasoline’’ (Phase 2 Rule)
was published on November 29, 2005
(see 70 FR 71612). Among other
requirements, the Phase 2 Rule
obligated states to revise their PSD
programs to explicitly identify NOX as
a precursor to ozone (70 FR 71612 at
71679, 71699–71700). This requirement
was codified in 40 CFR 51.166, and
consisted of the following 5:
40 CFR 51.166 (b)(1)(ii): A major source
that is major for volatile organic compounds
(VOCs) or NOX shall be considered major for
ozone;
40 CFR 51.166 (b)(2)(ii): Any significant
emissions increase (as defined at paragraph
(b)(39) of this section) from any emissions
units or net emissions increase (as defined in
paragraph (b)(3) of this section) at a major
stationary source that is significant for VOCs
or NOX shall be considered significant for
ozone;
40 CFR 51.166 (b)(23)(i): Ozone: 40 tons
per year (tpy) of VOCs or NOX;
5 Similar
changes were codified in 40 CFR 52.21.
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40 CFR 51.166 (b)(49)(i) 6: Any pollutant
for which a NAAQS has been promulgated
and any constituents or precursors for such
pollutants identified by the Administrator
(e.g., VOCs and NOX) are precursors for
ozone; and
40 CFR 51.166 (i)(5)(i)(e) footnote 1: No de
minimis air quality level is provided for
ozone. However, any net emissions increase
of 100 tpy or more of VOCs or NOX subject
to PSD would be required to perform an
ambient impact analysis, including the
gathering of air quality data.
The Phase 2 Rule required that states
submit SIP revisions incorporating the
requirements of the rule, including
these specific NOX as a precursor to
ozone provisions, by June 15, 2007 (see
70 FR 71612 at 71683).
Sub-Element 3: Identification of
Precursors to PM2.5 and the
Identification of PM2.5 and PM10
Condensables in the PSD Program
On May 16, 2008 (see 73 FR 28321),
EPA issued the Final Rule on the
‘‘Implementation of the New Source
Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers
(PM2.5)’’ (2008 NSR Rule). The 2008
NSR Rule finalized several new
requirements for SIPs to address sources
that emit direct PM2.5 and other
pollutants that contribute to secondary
PM2.5 formation. One of these
requirements is for PSD permits to
address pollutants responsible for the
secondary formation of PM2.5, otherwise
known as precursors. In the 2008 rule,
EPA identified precursors to PM2.5 for
the PSD program to be sulfur dioxide
(SO2) and NOX (unless the state
demonstrates to the Administrator’s
satisfaction or EPA demonstrates that
NOX emissions in an area are not a
significant contributor to that area’s
ambient PM2.5 concentrations). The
2008 NSR Rule also specifies that VOCs
are not considered to be precursors to
PM2.5 in the PSD program unless the
state demonstrates to the
Administrator’s satisfaction or EPA
demonstrates that emissions of VOCs in
an area are significant contributors to
that area’s ambient PM2.5
concentrations.
The explicit references to SO2, NOX,
and VOCs as they pertain to secondary
PM2.5 formation are codified at 40 CFR
51.166(b)(49)(i)(b) and 40 CFR
52.21(b)(50)(i)(b). As part of identifying
6 Note that this section of 40 CFR 51.166 has been
amended as a result of EPA’s Final Rule on the
‘‘Implementation of the New Source Review (NSR)
Program for Particulate Matter Less than 2.5
Micrometers (PM2.5); the regulatory text as listed
was current as of the issuance of the Phase 2 Rule.
The current citation for the VOCs and NOX as
precursors for ozone are contained in 40 CFR
51.166 (b)(49)(i)(b)(i).
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pollutants that are precursors to PM2.5,
the 2008 NSR Rule also required states
to revise the definition of ‘‘significant’’
as it relates to a net emissions increase
or the potential of a source to emit
pollutants. Specifically, 40 CFR
51.166(b)(23)(i) and 40 CFR
52.21(b)(23)(i) define ‘‘significant’’ for
PM2.5 to mean the following emissions
rates: 10 tpy of direct PM2.5; 40 tpy of
SO2; and 40 tpy of NOX (unless the state
demonstrates to the Administrator’s
satisfaction or EPA demonstrates that
NOX emissions in an area are not a
significant contributor to that area’s
ambient PM2.5 concentrations). The
deadline for states to submit SIP
revisions to their PSD programs
incorporating these changes was May
16, 2011 (see 73 FR 28321 at 28341).7
The 2008 NSR Rule did not require
states to immediately account for gases
that could condense to form particulate
matter, known as condensables, in PM2.5
and PM10 emission limits in PSD
permits. Instead, EPA determined that
states had to account for PM2.5 and PM10
condensables for applicability
determinations and in establishing
emissions limitations for PM2.5 and
PM10 in PSD permits beginning on or
after January 1, 2011. This requirement
is codified in 40 CFR 51.166(b)(49)(i)(a)
and 40 CFR 52.21(b)(50)(i)(a). Revisions
to states’ PSD programs incorporating
the inclusion of condensables were
required to be submitted to EPA by May
16, 2011 (see 73 FR 28321 at 28341).
7 EPA notes that on January 4, 2013, the U.S.
Court of Appeals for the D.C. Circuit, in Natural
Resources Defense Council v. EPA, 706 F.3d 428
(D.C. Cir.), held that EPA should have issued the
2008 NSR Rule in accordance with the CAA’s
requirements for PM10 nonattainment areas (Title I,
Part D, subpart 4), and not the general requirements
for nonattainment areas under subpart 1 (Natural
Resources Defense Council v. EPA, No. 08–1250).
As the subpart 4 provisions apply only to
nonattainment areas, the EPA does not consider the
portions of the 2008 rule that address requirements
for PM2.5 attainment and unclassifiable areas to be
affected by the court’s opinion. Moreover, EPA does
not anticipate the need to revise any PSD
requirements promulgated by the 2008 NSR rule in
order to comply with the court’s decision.
Accordingly, the EPA’s action on Illinois’
infrastructure SIP as to elements (C), (D)(i)(II), or (J)
with respect to the PSD requirements promulgated
by the 2008 implementation rule does not conflict
with the court’s opinion. The Court’s decision with
respect to the nonattainment NSR requirements
promulgated by the 2008 implementation rule also
does not affect EPA’s action on the present
infrastructure action. EPA interprets the CAA to
exclude nonattainment area requirements,
including requirements associated with a
nonattainment NSR program, from infrastructure
SIP submissions due three years after adoption or
revision of a NAAQS. Instead, these elements are
typically referred to as nonattainment SIP or
attainment plan elements, which would be due by
the dates statutorily prescribed under subpart 2
through 5 under part D, extending as far as 10 years
following designations for some elements.
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be subject to PSD, effective January 2,
2011. The lower thresholds could
potentially result in certain residential
and commercial sources triggering GHG
PSD requirements.
On December 23, 2010, EPA issued a
subsequent series of rules that put the
necessary framework in place to ensure
that industrial facilities can get CAA
permits covering their GHG emissions
when needed, and that facilities
emitting GHGs at levels below those
established in the Tailoring Rule do not
need to obtain CAA permits.8 Included
in this series of rules was EPA’s
issuance of the ‘‘Limitation of Approval
of Prevention of Significant
Deterioration Provisions Concerning
Greenhouse Gas Emitting-Sources in
State Implementation Plans,’’ referred to
as the PSD SIP ‘‘Narrowing Rule’’ on
December 30, 2010 (see 75 FR 82536).
TABLE 1—PM2.5 INCREMENTS ESTAB- The Narrowing Rule limits, or
LISHED BY THE 2010 NSR RULE IN ‘‘narrows,’’ EPA’s approval of PSD
MICROGRAMS PER CUBIC METER
programs that were previously approved
into SIPs; the programs in question are
Annual
those that apply PSD to sources that
arithmetic
24-Hour max
emit GHG. Specifically, the effect of the
mean
Narrowing Rule is that provisions that
Class I .......
1
2 are no longer approved—e.g., portions
Class II ......
4
9 of already approved SIPs that apply PSD
Class III .....
8
18 to GHG emissions increases from
sources emitting GHG below the
The 2010 NSR Rule also established a Tailoring Rule thresholds—now have
new ‘‘major source baseline date’’ for
the status of having been submitted by
PM2.5 as October 20, 2010, and a new
the state but not yet acted upon by EPA.
trigger date for PM2.5 as October 20,
In other words, the Narrowing Rule
2011. These revisions are codified in 40 focuses on eliminating the PSD
CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), obligations under Federal law for
and 40 CFR 52.21(b)(14)(i)(c) and
sources below the Tailoring Rule
(b)(14)(ii)(c). Lastly, the 2010 NSR Rule
thresholds.
revised the definition of ‘‘baseline area’’
Note that while EPA is proposing to
to include a level of significance of 0.3
disapprove this set of infrastructure SIP
micrograms per cubic meter, annual
requirements of section 110(a)(2)(C), we
average, for PM2.5. This change is
are proposing that Illinois has met the
codified in 40 CFR 51.166(b)(15)(i) and
requirement contained in section
40 CFR 52.21(b)(15)(i).
110(a)(2)(E) regarding resources specific
Sub-Element 5: GHG Permitting and the to permitting GHG.9
For the purposes of the 2008 ozone,
‘‘Tailoring Rule’’
2010 NO2, and 2010 SO2 NAAQS
On June 3, 2010, EPA issued a final
infrastructure SIPs, EPA reiterates that
rule establishing a ‘‘common sense’’
NSR reform regulations are not in the
approach to addressing GHG emissions
scope of these actions. Therefore, we are
from stationary sources under the CAA
not taking action on existing NSR
permitting programs. The ‘‘Prevention
reform regulations for Illinois. To
of Significant Deterioration and Title V
address the pre-construction regulation
Greenhouse Gas Tailoring Rule,’’ or
of the modification and construction of
‘‘Tailoring Rule,’’ set thresholds for
minor stationary sources and minor
GHG emissions that define when
modifications of major stationary
permits under the NSR PSD and title V
sources, an infrastructure SIP
operating permit programs are required
submission should identify the existing
for new and existing industrial facilities
(see 75 FR 31514). The Tailoring Rule
8 https://www.epa.gov/NSR/actions.html#2010.
set the GHG PSD applicability threshold
9 Section 110(a)(2)(E) requires that states have the
at 75,000 tpy as expressed in carbon
resources to administer an air quality management
program. Some states that are not covered by the
dioxide equivalent; if states have not
Narrowing Rule may not be able to adequately
adopted this threshold, sources with
demonstrate that they have adequate personnel to
GHG emissions above 100 tpy or 250 tpy issue GHG permits to all sources that emit GHG
(depending on source category) would
under the Tailoring Rule thresholds.
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Sub-Element 5: PM2.5 Increments in the
PSD Program
On October 20, 2010, EPA issued the
final rule on the ‘‘Prevention of
Significant Deterioration (PSD) for
Particulate Matter Less Than 2.5
Micrometers (PM2.5)—Increments,
Significant Impact Levels (SILs) and
Significant Monitoring Concentration
(SMC)’’ (2010 NSR Rule). This rule
established several components for
making PSD permitting determinations
for PM2.5, including a system of
‘‘increments’’ which is the mechanism
used to estimate significant
deterioration of ambient air quality for
a pollutant. These increments are
codified in 40 CFR 51.166(c) and 40
CFR 52.21(c), and are included in the
table below.
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EPA-approved SIP provisions and/or
include new provisions that govern the
minor source pre-construction program
that regulates emissions of the relevant
NAAQS pollutants. EPA approved
Illinois’ minor NSR program on May 31,
1972 (37 FR 10862). Since this date,
Illinois EPA and EPA have relied on the
existing minor NSR program to ensure
that new and modified sources not
captured by the major NSR permitting
programs do not interfere with
attainment and maintenance of the 2008
ozone, 2010 NO2, and 2010 SO2
NAAQS.
Certain sub-elements in this section
overlap with elements of section
110(a)(2)(D)(i), section 110(a)(2)(E) and
section 110(a)(2)(J). These links will be
discussed in the appropriate areas
below.
D. Section 110(a)(2)(D)—Interstate
Transport
Section 110(a)(2)(D)(i)(I) requires SIPs
to include provisions prohibiting any
source or other type of emissions
activity in one state from contributing
significantly to nonattainment, or
interfering with maintenance, of the
NAAQS in another state.
On June 11, 2014, Illinois EPA
transmitted a letter to EPA clarifying
that the portions of its December 31,
2012, infrastructure SIP submission
with respect to section 110(a)(2)(D)(i)(I)
were only intended to address the 2010
NO2 NAAQS. In other words, the
interstate transport provisions of section
110(a)(2)(D)(i)(I) that are before EPA for
evaluation do not extend to the 2008
ozone or 2010 SO2 NAAQS. In today’s
rulemaking, EPA is not proposing to
approve or disapprove Illinois’
compliance with section
110(a)(2)(D)(i)(I) with respect to the
2008 ozone and 2010 SO2 NAAQS.
Instead, we will address the state’s
satisfaction of these requirements with
respect to these two NAAQS in a
separate rulemaking.
With respect to the 2010 NO2
NAAQS, EPA promulgated designations
for this NAAQS on February 17, 2012,
stating, ‘‘The EPA is designating areas as
‘‘unclassifiable/attainment’’ to mean
that available information does not
indicate that the air quality in these
areas exceeds the 2010 NO2 NAAQS’’
(see 77 FR 9532). For comparison
purposes, EPA examined the design
values 10 from NO2 monitors in Illinois
10 The level of the 2010 NO NAAQS for is 100
2
parts per billion (ppb) and the form is the 3-year
average of the annual 98th percentile of the daily
1-hour maximum. For the most recent design
values, see https://www.epa.gov/airtrends/
values.html.
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and surrounding states. The highest
design value based on data collected
between 2010 and 2012 was 62 parts per
billion at a monitor in Chicago, Illinois.
Additionally, Illinois’ SIP contains two
sets of substantial provisions that limit
NO2 (and SO2) emissions from electric
generating units. The Combined
Pollutant Standards (CPS) are contained
in Illinois Administrative Code 225.233,
and the Multi-Pollutant Standards
(MPS) are contained in Illinois
Administrative Code 225.293–225.299.
EPA believes that with the continued
implementation of CPS, MPS, Federally
promulgated PSD regulations, and the
state’s NNSR regulations found in Part
203 of the SIP, these low monitored
values of NO2 will continue in and
around Illinois. In other words, the NO2
emissions from Illinois are not expected
to cause or contribute to a violation of
the 2010 NO2 NAAQS in another state,
and these emissions are not likely to
interfere with the maintenance of the
2010 NO2 NAAQS in another state.
Therefore, EPA proposes that Illinois
has met this set of requirements related
to section 110(a)(2)(D)(i)(I) for the 2010
NO2 NAAQS.
Section 110(a)(2)(D)(i)(II) requires
SIPs to include provisions prohibiting
any source or other type of emissions
activity in one state from interfering
with measures required to prevent
significant deterioration of air quality or
to protect visibility in another state.
Illinois’ satisfaction of the applicable
infrastructure SIP PSD requirements for
the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS has been detailed in the
section addressing section 110(a)(2)(C).
As previously noted, Illinois has not
adopted or submitted regulations for
PSD, which results in a proposed
disapproval with respect to these
requirements. However, Illinois has no
further obligations to EPA because it
administers the Federally promulgated
PSD regulations, promulgated at 40 CFR
52.21, through delegation.
States also have an obligation to
ensure that sources located in
nonattainment areas do not interfere
with a neighboring state’s PSD program.
One way that this requirement can be
satisfied is through an NNSR program
consistent with the CAA that addresses
any pollutants for which there is a
designated nonattainment area within
the state.
Illinois’ EPA-approved NNSR
regulations can be found in Part 203 of
the SIP; these regulations contain
provisions for how the state must treat
and control sources in nonattainment
areas, consistent with 40 CFR 51.165, or
appendix S to 40 CFR part 51. EPA
proposes that Illinois has met the
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requirements with respect to the
prohibition of interference with a
neighboring state’s PSD program for the
2008 ozone, 2010 NO2, and 2010 SO2
NAAQS related to section
110(a)(2)(D)(i)(II).
With regard to the applicable
requirements for visibility protection of
section 110(a)(2)(D)(i)(II), states are
subject to visibility and regional haze
program requirements under part C of
the CAA (which includes sections 169A
and 169B). The 2009 Memo, the 2011
Memo, and 2013 Memo state that these
requirements can be satisfied by an
approved SIP addressing reasonably
attributable visibility impairment, if
required, or an approved SIP addressing
regional haze.
On July 6, 2012, EPA published its
final approval of Illinois’ regional haze
plan (see 77 FR 39943). Notably, Illinois
has two sets of provisions in its SIP that
meet the Best Available Retrofit
Technology requirement of electric
generating stations without relying on
Federally promulgated regulations such
as the Clean Air Interstate Rule (CAIR)
or the Cross-State Air Pollution Rule
(CSAPR).11 Therefore, EPA is proposing
that Illinois has met the visibility
protection requirements of section
110(a)(2)(D)(i)(II) for the 2008 ozone,
2010 NO2, and 2010 SO2 NAAQS.
Section 110(a)(2)(D)(ii) requires each
SIP to contain adequate provisions
requiring compliance with the
applicable requirements of section 126
and section 115 (relating to interstate
and international pollution abatement,
respectively).
Section 126(a) requires new or
modified sources to notify neighboring
states of potential impacts from the
source. The statute does not specify the
method by which the source should
provide the notification. States with
SIP-approved PSD programs must have
a provision requiring such notification
by new or modified sources. A lack of
such a requirement in state rules would
be grounds for disapproval of this
element.
As previously mentioned, Illinois
administers the Federally promulgated
PSD regulations promulgated at 40 CFR
52.21, through delegation. These
11 These provisions are the CPS and MPS as
alluded to in the discussion addressing section
110(a)(2)(D)(i)(I), and are contained in Illinois
Administrative Code 225.233 and Illinois
Administrative Code 225.293–225.299, respectively.
Reliance on the CPS and MPS in the context of
Illinois’ regional haze plan as satisfying the
visibility protection requirements of section
110(a)(2)(D)(i)(II) in lieu of dependence on
Federally promulgated regulations such as CAIR or
CSAPR is consistent with EPA’s previous final
action for the 2006 PM2.5 NAAQS (see 77 FR 65478
at 65481).
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Federal rules contain provisions
requiring new or modified sources to
notify neighboring states of potential
negative air quality impacts. EPA
acknowledges that the state has not
satisfied the requirement for a SIP
submission, which results in a proposed
disapproval with respect to this set of
infrastructure SIP requirements of
section 110(a)(2)(D)(ii). However,
Illinois has no further obligations to
EPA because it administers the
Federally promulgated PSD regulations.
Illinois affirmed in its submission that
it does not have any pending obligations
under section 115. Therefore, EPA is
proposing that Illinois has met the
applicable infrastructure SIP
requirements of section 110(a)(2)(D)(ii)
related to section 115 of the CAA
(international pollution abatement) for
the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS.
E. Section 110(a)(2)(E)—Adequate
Resources
This section requires each state to
provide for adequate personnel,
funding, and legal authority under state
law to carry out its SIP, and related
issues. Section 110(a)(2)(E)(ii) also
requires each state to comply with the
requirements respecting state boards
under section 128.
Sub-Element 1: Adequate Personnel,
Funding, and Legal Authority Under
State Law To Carry Out Its SIP, and
Related Issues
At the time of its submittal, Illinois
EPA cited the recently passed Public
Act in the state that provides
appropriations for the Illinois Bureau of
Air Programs and associated personnel.
In addition to the environmental
performance partnership agreement
with EPA, Illinois has confirmed that it
retains all necessary resources to carry
out required air programs. As discussed
in previous sections, Illinois EPA has
affirmed that 415 ILCS 5/4 and 415 ILCS
5/10 provide the Director, in
conjunction with IPCB, with the
authority to develop rules and
regulations necessary to meet ambient
air quality standards and respond to any
EPA findings of inadequacy with the
Illinois SIP program. Lastly, the IPCB
ensures compliance with required laws
or elements of the state’s attainment
plan that are necessary to attain the
NAAQS, or that are necessary to comply
with the requirements of the CAA. EPA
proposes that Illinois has met the
infrastructure SIP requirements of this
portion of section 110(a)(2)(E) with
respect to the 2008 ozone, 2010 NO2,
and 2010 SO2 NAAQS.
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As noted above in the discussion
addressing section 110(a)(2)(C), the
resources needed to permit all sources
emitting more than 100 tpy or 250 tpy
(as applicable) of GHG would require
more resources than states may appear
to have. This is not a concern in Illinois,
because PSD permitting for GHGs is
based on Federally promulgated PSD
rules that ‘‘tailor’’ the applicability to
75,000 tpy (expressed as carbon dioxide
equivalent).
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Sub-Element 2: State Board
Requirements Under Section 128 of the
CAA
Section 110(a)(2)(E) also requires each
SIP to contain provisions that comply
with the state board requirements of
section 128 of the CAA. That provision
contains two explicit requirements: (i)
That any board or body which approves
permits or enforcement orders under
this chapter shall have at least a
majority of members who represent the
public interest and do not derive any
significant portion of their income from
persons subject to permits and
enforcement orders under this chapter,
and (ii) that any potential conflicts of
interest by members of such board or
body or the head of an executive agency
with similar powers be adequately
disclosed.
In today’s action, EPA is neither
proposing to approve or disapprove the
portions of the submission from Illinois
intended to address the state board
requirements of section 110(a)(2)(E)(ii).
Instead, EPA will take separate action
on compliance with section
110(a)(2)(E)(ii) for the state at a later
time. EPA is working with Illinois EPA
to address these requirements in the
most appropriate way.
F. Section 110(a)(2)(F)—Stationary
Source Monitoring System
States must establish a system to
monitor emissions from stationary
sources and submit periodic emissions
reports. Each plan shall also require the
installation, maintenance, and
replacement of equipment, and the
implementation of other necessary
steps, by owners or operators of
stationary sources to monitor emissions
from such sources. The state plan shall
also require periodic reports on the
nature and amounts of emissions and
emissions-related data from such
sources, and correlation of such reports
by each state agency with any emission
limitations or standards established
pursuant to this chapter. Lastly, the
reports shall be available at reasonable
times for public inspection.
Illinois EPA requires regulated
sources to submit various reports,
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dependent on applicable requirements
and the type of permit issued to the
source. These reports are submitted to
the Bureau of Air’s Compliance Unit for
review, and all reasonable efforts are
made by Illinois EPA to maximize the
effectiveness of available resources to
review the required reports. EPA
proposes that Illinois has satisfied the
infrastructure SIP requirements of
section 110(a)(2)(F) with respect to the
2008 ozone, 2010 NO2, and 2010 SO2
NAAQS.
G. Section 110(a)(2)(G)—Emergency
Powers
This section requires that a plan
provide for authority that is analogous
to what is provided in section 303 of the
CAA, and adequate contingency plans
to implement such authority. The 2013
Memo states that infrastructure SIP
submissions should specify authority,
rested in an appropriate official, to
restrain any source from causing or
contributing to emissions which present
an imminent and substantial
endangerment to public health or
welfare, or the environment.
Illinois has the necessary authority to
address emergency episodes, and these
provisions are contained in 415 ILCS
5/34. 415 ILCS 5/43(a) authorizes the
Illinois EPA to request a state’s attorney
from Illinois Attorney General’s office to
seek immediate injunctive relief in
circumstances of substantial danger to
the environment or to the public health
of persons. EPA proposes that Illinois
has met the applicable infrastructure
SIP requirements for this portion of
section 110(a)(2)(G) with respect to the
2008 ozone, 2010 NO2, and 2010 SO2
NAAQS.
H. Section 110(a)(2)(H)—Future SIP
Revisions
This section requires states to have
the authority to revise their SIPs in
response to changes in the NAAQS,
availability of improved methods for
attaining the NAAQS, or to an EPA
finding that the SIP is substantially
inadequate.
As previously mentioned, 415 ILCS
5/4 and 415 ILCS 5/10 provide the
Director of Illinois EPA, in conjunction
with IPCB, with the authority to develop
rules and regulations necessary to meet
ambient air quality standards.
Furthermore, they have the authority to
respond to any EPA findings of
inadequacy with the Illinois SIP
program. EPA proposes that Illinois has
met the infrastructure SIP requirements
of section 110(a)(2)(H) with respect to
the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS.
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40699
I. Section 110(a)(2)(I)—Nonattainment
Area Plan or Plan Revisions Under
Part D
The CAA requires that each plan or
plan revision for an area designated as
a nonattainment area meet the
applicable requirements of part D of the
CAA. Part D relates to nonattainment
areas.
EPA has determined that section
110(a)(2)(I) is not applicable to the
infrastructure SIP process. Instead, EPA
takes action on part D attainment plans
through separate processes.
J. Section 110(a)(2)(J)—Consultation
With Government Officials; Public
Notifications; PSD; Visibility Protection
The evaluation of the submissions
from Illinois with respect to the
requirements of section 110(a)(2)(J) are
described below.
Sub-Element 1: Consultation With
Government Officials
States must provide a process for
consultation with local governments
and Federal Land Managers (FLMs)
carrying out NAAQS implementation
requirements.
Illinois EPA is required to give notice
to the Office of the Attorney General
and the Illinois Department of Natural
Resources during the rulemaking
process. Furthermore, Illinois provides
notice to reasonably anticipated
stakeholders and interested parties, as
well as to any FLM if the rulemaking
applies to Federal land which the FLM
has authority over. Additionally, Illinois
EPA participates in the Lake Michigan
Air Director’s Consortium (LADCO),
which consists of collaboration with
EPA and the states of Indiana, Michigan,
Minnesota, Ohio, and Wisconsin.
Illinois EPA also consults with Missouri
through a process established in a
Memorandum of Agreement. EPA
proposes that Illinois has met the
infrastructure SIP requirements of this
portion of section 110(a)(2)(J) with
respect to the 2008 ozone, 2010 NO2,
and 2010 SO2 NAAQS.
Sub-Element 2: Public Notification
Section 110(a)(2)(J) also requires
states to notify the public if NAAQS are
exceeded in an area and must enhance
public awareness of measures that can
be taken to prevent exceedances.
Illinois EPA continues to collaborate
with the Cook County Department of
Environmental Control. This consists of
continued and routine monitoring of air
quality throughout the state, and
notifying the public when unhealthy air
quality is measured or forecasted.
Illinois EPA actively populates EPA’s
AIRNOW program and distributes the
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information to interested stakeholders
such as Partners for Clean Air in
Chicago, the Clean Air Partnership in St.
Louis, and the Cook County Department
of Environmental Control. The state
maintains portions of its Web site
specifically for air quality alerts,12 and
prepares annual data reports from its
complete monitoring network.
Therefore, EPA proposes that Illinois
has met the infrastructure SIP
requirements of this portion of section
110(a)(2)(J) with respect to the 2008
ozone, 2010 NO2, and 2010 SO2
NAAQS.
Sub-Element 3: PSD
States must meet applicable
requirements of section 110(a)(2)(C)
related to PSD. Illinois’ satisfaction of
the applicable infrastructure SIP PSD
requirements for the 2008 ozone, 2010
NO2, and 2010 SO2 NAAQS has been
detailed in the section addressing
section 110(a)(2)(C). As previously
noted, Illinois has not adopted or
submitted regulations for PSD, which
results in a proposed disapproval with
respect to these requirements. However,
Illinois has no further obligations to
EPA because it administers the
Federally promulgated PSD regulations,
promulgated at 40 CFR 52.21, through
delegation.
Sub-Element 4: Visibility Protection
With regard to the applicable
requirements for visibility protection,
states are subject to visibility and
regional haze program requirements
under part C of the CAA (which
includes sections 169A and 169B). In
the event of the establishment of a new
NAAQS, however, the visibility and
regional haze program requirements
under part C do not change. Thus, we
find that there is no new visibility
obligation ‘‘triggered’’ under section
110(a)(2)(J) when a new NAAQS
becomes effective. In other words, the
visibility protection requirements of
section 110(a)(2)(J) are not germane to
infrastructure SIPs for the 2008 ozone,
2010 NO2, and 2010 SO2 NAAQS.
ILCS 5/39.5. EPA proposes that Illinois
has met the infrastructure SIP
requirements of section 110(a)(2)(L) for
the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS.
K. Section 110(a)(2)(K)—Air Quality
Modeling/Data
SIPs must provide for performing air
quality modeling for predicting effects
on air quality of emissions from any
NAAQS pollutant and submission of
such data to EPA upon request.
Illinois EPA maintains the capability
to perform modeling of the air quality
impacts of emissions of all criteria
pollutants, including the capability to
use complex photochemical grid
models. This modeling is used in
support of the SIP for all nonattainment
areas in the state. Illinois EPA also
requires air quality modeling in support
of permitting the construction of major
and some minor new sources under the
PSD program. These modeling data are
available to EPA as well as the public
upon request. Lastly, Illinois EPA
participates in LADCO, which conducts
regional modeling that is used for
statewide planning purposes. EPA
proposes that Illinois has met the
infrastructure SIP requirements of
section 110(a)(2)(K) with respect to the
2008 ozone, 2010 NO2, and 2010 SO2
NAAQS.
M. Section 110(a)(2)(M)—Consultation/
Participation by Affected Local Entities
L. Section 110(a)(2)(L)—Permitting Fees
This section requires SIPs to mandate
each major stationary source to pay
permitting fees to cover the cost of
reviewing, approving, implementing,
and enforcing a permit.
Illinois EPA implements and operates
the title V permit program, which EPA
approved on December 4, 2001 (66 FR
62946) and the provisions,
requirements, and structures associated
with the costs for reviewing, approving,
implementing, and enforcing various
types of permits are contained in 415
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Element
States must consult with and allow
participation from local political
subdivisions affected by the SIP.
All public participation procedures
pertaining to Illinois EPA are consistent
with 35 Illinois Administrative Code
Part 164 (Procedures for Informational
and Quasi-Legislative Public Hearings)
and 35 Illinois Administrative Code Part
252 (Public Participation in the Air
Pollution Control Permit Program); the
latter is an approved portion of Illinois’
SIP. EPA proposes that Illinois has met
the infrastructure SIP requirements of
section 110(a)(2)(M) with respect to the
2008 ozone, 2010 NO2, and 2010 SO2
NAAQS.
V. What action is EPA taking?
EPA is proposing to approve most
elements of a submission from Illinois
certifying that its current SIP is
sufficient to meet the required
infrastructure elements under sections
110(a)(1) and (2) for the 2008 ozone,
2010 NO2, and 2010 SO2 NAAQS. We
are also proposing to disapprove some
elements of the state’s submission as
they relate to its PSD program. As
described above, Illinois already
administers Federally promulgated PSD
regulations through delegation, and
therefore no practical effect is associated
with today’s proposed disapproval or
future final disapproval of those
elements.
EPA’s proposed actions for the state’s
satisfaction of infrastructure SIP
requirements, by element of section
110(a)(2) and NAAQS, are contained in
the table below.
2008 Ozone
(A): Emission limits and other control measures .....................................................................
(B): Ambient air quality monitoring and data system ...............................................................
(C)1: Enforcement of SIP measures ........................................................................................
(C)2: NOX as a precursor to ozone for PSD ...........................................................................
(C)3: PM2.5 Precursors/PM2.5 and PM10 condensables for PSD .............................................
(C)4: PM2.5 Increments ............................................................................................................
(C)5: GHG permitting thresholds in PSD regulations ..............................................................
(D)1: Contribute to nonattainment/interfere with maintenance of NAAQS ..............................
(D)2: PSD .................................................................................................................................
(D)3: Visibility Protection ..........................................................................................................
(D)4: Interstate Pollution Abatement ........................................................................................
(D)5: International Pollution Abatement ...................................................................................
(E): Adequate resources ..........................................................................................................
(E): State boards ......................................................................................................................
(F): Stationary source monitoring system ................................................................................
A
A
A
D,*
D,*
D,*
D,*
NA
**
A
D,*
A
A
NA
A
A
A
A
D,*
D,*
D,*
D,*
A
**
A
D,*
A
A
NA
A
12 See, e.g., https://www.epa.state.il.us/air/airquality-menu.html.
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2010 NO2
14JYP1
2010 SO2
A
A
A
D,*
D,*
D,*
D,*
NA
**
A
D,*
A
A
NA
A
40701
Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Proposed Rules
Element
2008 Ozone
(G): Emergency power .............................................................................................................
(H): Future SIP revisions .........................................................................................................
(I): Nonattainment area plan or plan revisions under part D ...................................................
(J)1: Consultation with government officials ............................................................................
(J)2: Public notification .............................................................................................................
(J)3: PSD ..................................................................................................................................
(J)4: Visibility protection ...........................................................................................................
(K): Air quality modeling and data ...........................................................................................
(L): Permitting fees ...................................................................................................................
(M): Consultation and participation by affected local entities ..................................................
A
A
NA
A
A
**
+
A
A
A
Illinois is already administering the
Federally promulgated PSD regulations.
A .....
NA ...
D .....
+ ......
* ......
** .....
mstockstill on DSK4VPTVN1PROD with PROPOSALS
In the above table, the key is as follows:
VI. Statutory and Executive Order
Reviews
Approve.
No Action/Separate Rulemaking.
Disapprove.
Not germane to infrastructure SIPs.
Federally promulgated rules in place.
Previously discussed in element (C).
To clarify, EPA is proposing to
disapprove the infrastructure SIP
submission from Illinois with respect to
certain PSD requirements including: (i)
The explicit identification of NOX as a
precursor to ozone consistent with the
Phase 2 Rule; (ii) the explicit
identification of SO2 and NOX as PM2.5
precursors (and the significant
emissions rates for direct PM2.5, and SO2
and NOX as its precursors), and the
regulation of PM2.5 and PM10
condensables, consistent with the
requirements of the 2008 NSR Rule; (iii)
the PM2.5 increments and associated
implementation rules consistent with
the 2010 NSR Rule; and, (iv) permitting
of GHG emitting sources at the Federal
Tailoring Rule thresholds.
EPA is also proposing to disapprove
the infrastructure SIP submission from
with respect to the requirements of
section 110(a)(2)(D)(ii) related to
interstate pollution abatement.
Specifically, this section requires states
with PSD programs have provisions
requiring a new or modified source to
notify neighboring states of the potential
impacts from the source, consistent with
the requirements of section 126(a).
However, Illinois has no further
obligations to EPA because Federally
promulgated rules, promulgated at 40
CFR 52.21 are in effect in the state. EPA
has delegated the authority to Illinois to
administer these rules, which include
provisions related to PSD and interstate
pollution abatement. A final
disapproval for Illinois for these
infrastructure SIP requirements will not
result in sanctions under section 179(a),
nor will it obligate EPA to promulgate
a Federal implementation plan within
two years of final action if the state does
not submit revisions to its PSD SIPs
addressing these deficiencies. Instead,
VerDate Mar<15>2010
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Jkt 232001
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve State choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves State law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
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2010 NO2
A
A
NA
A
A
**
+
A
A
A
2010 SO2
A
A
NA
A
A
**
+
A
A
A
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Nitrogen dioxide, Reporting and
recordkeeping requirements, Sulfur
dioxide.
Dated: June 23, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014–16287 Filed 7–11–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2014–0119; FRL–9912–18–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Latham Pool Adjusted Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a request
submitted by the Illinois Environmental
Protection Agency on January 8, 2014,
to revise the Illinois State
Implementation Plan (SIP) for volatile
organic matter (VOM). The approval
revises the Illinois SIP by substituting a
new party as the holder of the adjusted
SUMMARY:
E:\FR\FM\14JYP1.SGM
14JYP1
Agencies
[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Proposed Rules]
[Pages 40693-40701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16287]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2011-0969; EPA-R05-OAR-2012-0991; EPA-R05-OAR-2013-0435;
FRL-9913-16-Region-5]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Infrastructure SIP Requirements for the 2008 Ozone, 2010
NO2, and 2010 SO2 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve some elements and disapprove other elements of a state
implementation plan (SIP) submission from Illinois regarding the
infrastructure requirements of section 110 of the Clean Air Act (CAA)
for the 2008 8-hour ground level ozone, 2010 nitrogen dioxide
(NO2), and 2010 sulfur dioxide (SO2) National
Ambient Air Quality Standards (NAAQS). The infrastructure requirements
are designed to ensure that the structural components of each state's
air quality management program are adequate to meet the state's
responsibilities under the CAA. Illinois already administers Federally
promulgated regulations that address the proposed disapprovals
described in today's rulemaking. Therefore, the state will not be
obligated to submit any new or additional regulations as a result of a
future final disapproval.
DATES: Comments must be received on or before August 13, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-
0991 (2010 NO2 infrastructure elements), or EPA-R05-OAR-
2013-0435 (2010 SO2 infrastructure elements) by one of the
following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 408-2279.
4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to Docket ID. EPA-R05-OAR-2011-
0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-0991 (2010
NO2 infrastructure elements), or EPA-R05-OAR-2013-0435 (2010
SO2 infrastructure elements). EPA's policy is that all
comments received will be included in the public docket without change
and may be made available online at www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Andy Chang, Environmental
Engineer, at (312) 886-0258 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-0258, chang.andy@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What should I consider as I prepare my comments for EPA?
II. What is the background of these SIP submissions?
A. What state SIP submissions does this rulemaking address?
B. Why did the state make these SIP submissions?
C. What is the scope of this rulemaking?
III. What guidance is EPA using to evaluate these SIP submissions?
[[Page 40694]]
IV. What is the result of EPA's review of these SIP submissions?
A. Section 110(a)(2)(A)--Emission Limits and Other Control
Measures
B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data
System
C. Section 110(a)(2)(C)--Program for Enforcement of Control
Measures; PSD
D. Section 110(a)(2)(D)--Interstate Transport
E. Section 110(a)(2)(E)--Adequate Resources
F. Section 110(a)(2)(F)--Stationary Source Monitoring System
G. Section 110(a)(2)(G)--Emergency Powers
H. Section 110(a)(2)(H)--Future SIP Revisions
I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan
Revisions Under Part D
J. Section 110(a)(2)(J)--Consultation With Government Officials;
Public Notifications; PSD; Visibility Protection
K. Section 110(a)(2)(K)--Air Quality Modeling/Data
L. Section 110(a)(2)(L)--Permitting Fees
M. Section 110(a)(2)(M)--Consultation/Participation by Affected
Local Entities
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What is the background of these SIP submissions?
A. What state SIP submissions does this rulemaking address?
This rulemaking addresses a December 31, 2012, submission and a
June 11, 2014, clarification from the Illinois Environmental Protection
Agency (Illinois EPA) intended to address all applicable infrastructure
requirements for the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS.
B. Why did the state make these SIP submissions?
Under sections 110(a)(1) and (2) of the CAA, states are required to
submit infrastructure SIPs to ensure that their SIPs provide for
implementation, maintenance, and enforcement of the NAAQS, including
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.
These submissions must contain any revisions needed for meeting the
applicable SIP requirements of section 110(a)(2), or certifications
that their existing SIPs for the NAAQS already meet those requirements.
EPA highlighted this statutory requirement in an October 2, 2007,
guidance document entitled ``Guidance on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM2.5 National Ambient Air Quality Standards'' (2007 Memo).
On September 25, 2009, EPA issued an additional guidance document
pertaining to the 2006 PM2.5 \1\ NAAQS entitled
``Guidance on SIP Elements Required Under Sections 110(a)(1) and (2)
for the 2006 24-Hour Fine Particle (PM2.5) National Ambient
Air Quality Standards (NAAQS)'' (2009 Memo), followed by the October
14, 2011, ``Guidance on infrastructure SIP Elements Required Under
Sections 110(a)(1) and (2) for the 2008 Lead (Pb) National Ambient Air
Quality Standards (NAAQS)'' (2011 Memo). Most recently, EPA issued
``Guidance on Infrastructure State Implementation Plan (SIP) Elements
under Clean Air Act Sections 110(a)(1) and (2)'' on September 13, 2013
(2013 Memo). The SIP submissions referenced in this rulemaking pertain
to the applicable requirements of section 110(a)(1) and (2), and
address the 2008 ozone, 2010 NO2, and 2010 SO2
NAAQS. To the extent that the prevention of significant deterioration
(PSD) program is comprehensive and non-NAAQS specific, a narrow
evaluation of other NAAQS, such as the 1997 8-hour ozone and 2006
PM2.5 NAAQS will be included in the appropriate sections.
---------------------------------------------------------------------------
\1\ PM2.5 refers to particulate matter of 2.5 microns
or less in diameter, oftentimes referred to as ``fine'' particles.
---------------------------------------------------------------------------
C. What is the scope of this rulemaking?
EPA is acting upon the SIP submission from Illinois that address
the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2)
for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.
The requirement for states to make a SIP submission of this type arises
out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states
must make SIP submissions ``within 3 years (or such shorter period as
the Administrator may prescribe) after the promulgation of a national
primary ambient air quality standard (or any revision thereof),'' and
these SIP submissions are to provide for the ``implementation,
maintenance, and enforcement'' of such NAAQS. The statute directly
imposes on states the duty to make these SIP submissions, and the
requirement to make the submissions is not conditioned upon EPA's
taking any action other than promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of specific elements that ``[e]ach
such plan'' submission must address.
EPA has historically referred to these SIP submissions made for the
purpose of satisfying the requirements of CAA sections 110(a)(1) and
110(a)(2) as ``infrastructure SIP'' submissions. Although the term
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to
distinguish this particular type of SIP submission from submissions
that are intended to satisfy other SIP requirements under the CAA, such
as ``nonattainment SIP'' or ``attainment plan SIP'' submissions to
address the nonattainment planning requirements of part D of title I of
the CAA, ``regional haze SIP'' submissions required by EPA rule to
address the visibility protection requirements of CAA section 169A, and
nonattainment new source review (NNSR) permit program submissions to
address the permit requirements of CAA, title I, part D.
This rulemaking will not cover three substantive areas that are not
integral to acting on a state's infrastructure SIP submission: (i)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction at sources, that may be contrary to
the CAA and EPA's policies addressing such excess emissions (``SSM'');
(ii) existing provisions related to ``director's variance'' or
``director's discretion'' that purport to permit revisions to SIP
approved emissions limits with limited public process or without
requiring further approval by EPA, that may be contrary to the CAA
(``director's discretion''); and, (iii) existing provisions for PSD
programs that may be inconsistent with current requirements of EPA's
``Final NSR Improvement Rule,'' 67 FR 80186 (December 31, 2002), as
amended by 72 FR 32526 (June 13, 2007) (``NSR
[[Page 40695]]
Reform''). Instead, EPA has the authority to address each one of these
substantive areas in separate rulemakings. A detailed history,
interpretation, and rationale as they relate to infrastructure SIP
requirements can be found in EPA's May 13, 2014, proposed rule
entitled, ``Infrastructure SIP Requirements for the 2008 Lead NAAQS''
in the section, ``What is the scope of this rulemaking?'' (see 79 FR
27241 at 27242-27245).
III. What guidance is EPA using to evaluate these SIP submissions?
EPA's guidance for these infrastructure SIP submissions is embodied
in the 2007 Memo. Specifically, attachment A of this memorandum
(Required Section 110 SIP Elements) identifies the statutory elements
that states need to submit in order to satisfy the requirements for an
infrastructure SIP submission. The 2009 Memo was issued to provide
additional guidance for certain elements to meet the requirements of
section 110(a)(1) and (2) of the CAA, and the 2011 Memo echoes
previously issued guidance while also providing specific guidance with
respect to the 2008 lead NAAQS. Lastly, the 2013 Memo identifies and
further clarifies aspects of infrastructure SIPs that are not NAAQS
specific.
IV. What is the result of EPA's review of these SIP submissions?
As noted in the 2011 Memo and reiterated in the 2013 Memo, pursuant
to section 110(a), states must provide reasonable notice and
opportunity for public hearing for all infrastructure SIP submissions.
The public comment period for Illinois EPA's infrastructure SIP
submission ended on December 26, 2012; during this period, the state
did not receive any written comments, nor was there a request for a
public hearing. EPA is also soliciting comment on our evaluation of the
state's infrastructure SIP submission in this notice of proposed
rulemaking. Illinois provided a detailed synopsis of how various
components of its SIP meet each of the applicable requirements in
section 110(a)(2) for the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS, as applicable. The following review evaluates the
state's submissions.
A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures
This section requires SIPs to include enforceable emission limits
and other control measures, means or techniques, schedules for
compliance, and other related matters. However, EPA has long
interpreted emission limits and control measures for attaining the
standards as being due when nonattainment planning requirements are
due.\2\ In the context of an infrastructure SIP, EPA is not evaluating
the existing SIP provisions for this purpose. Instead, EPA is only
evaluating whether the state's SIP has basic structural provisions for
the implementation of the NAAQS.
---------------------------------------------------------------------------
\2\ See, e.g., EPA's 73 FR 66964 at 67034, final rule on
``National Ambient Air Quality Standards for Lead.''
---------------------------------------------------------------------------
The Illinois Environmental Protection Act is contained in chapter
415, section 5, of the Illinois Compiled Statutes (415 ILCS 5). 415
ILCS 5/4 provides Illinois EPA with the authority to develop rules and
regulations necessary to meet ambient air quality standards.
Additionally, the Illinois Pollution Control Board (IPCB) was created
under 415 ILCS 5, providing the IPCB with the authority to develop
rules and regulations necessary to promote the purposes of the Illinois
Environmental Protection Act. Furthermore, the IPCB ensures compliance
with required laws and other elements of the state's attainment plan
that are necessary to attain the NAAQS, and to comply with the
requirements of the CAA (415 ILCS 5/10). EPA proposes that Illinois has
met the infrastructure SIP requirements of section 110(a)(2)(A) with
respect to the 2008 ozone, 2010 NO2, and 2010 SO2
NAAQS.
As previously noted, EPA is not proposing to approve or disapprove
any existing state provisions or rules related to SSM or director's
discretion in the context of section 110(a)(2)(A).
B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System
This section requires SIPs to include provisions to provide for
establishing and operating ambient air quality monitors, collecting and
analyzing ambient air quality data, and making these data available to
EPA upon request. This review of the annual monitoring plan includes
EPA's determination that the state: (i) Monitors air quality at
appropriate locations throughout the state using EPA-approved Federal
Reference Methods or Federal Equivalent Method monitors; (ii) submits
data to EPA's Air Quality System (AQS) in a timely manner; and, (iii)
provides EPA Regional Offices with prior notification of any planned
changes to monitoring sites or the network plan.
Illinois EPA continues to operate an extensive monitoring network
incorporating more than 200 monitors throughout the state. Illinois EPA
also publishes an annual report that summarizes air quality trends.
Furthermore, Illinois EPA submits yearly monitoring network plans to
EPA, and EPA approved the 2014 Annual Air Monitoring Network Plan for
ozone, NO2, and SO2 on August 21, 2013.
Monitoring data from Illinois EPA are entered into AQS in a timely
manner, and the state provides EPA with prior notification when changes
to its monitoring network or plan are being considered. EPA proposes
that Illinois has met the infrastructure SIP requirements of section
110(a)(2)(B) with respect to the 2008 ozone, 2010 NO2, and
2010 SO2 NAAQS.
C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures;
PSD
States are required to include a program providing for enforcement
of all SIP measures and the regulation of construction of new or
modified stationary sources to meet NSR requirements under PSD and NNSR
programs. Part C of the CAA (sections 160-169B) addresses PSD, while
part D of the CAA (sections 171-193) addresses NNSR requirements.
The evaluation of Illinois EPA's submission addressing the
infrastructure SIP requirements of section 110(a)(2)(C) covers: (i)
Enforcement of SIP measures; (ii) Identification of oxides of nitrogen
(NOX) as a precursor to ozone provisions in the PSD program;
(iii) identification of precursors to PM2.5 and the
identification of PM2.5 and PM10 \3\ condensables
in the PSD program; (iv) PM2.5 increments in the PSD
program; and, (v) greenhouse gas (GHG) permitting and the ``Tailoring
Rule.'' \4\
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\3\ PM10 refers to particles with diameters between
2.5 and 10 microns, oftentimes referred to as ``coarse'' particles.
\4\ In EPA's April 28, 2011, proposed rulemaking for
infrastructure SIPS for the 1997 ozone and PM2.5 NAAQS,
we stated that each state's PSD program must meet applicable
requirements for evaluation of all regulated NSR pollutants in PSD
permits (see 76 FR 23757 at 23760). This view was reiterated in
EPA's August 2, 2012, proposed rulemaking for infrastructure SIPs
for the 2006 PM2.5 NAAQS (see 77 FR 45992 at 45998). In
other words, if a state lacks provisions needed to adequately
address NOX as a precursor to ozone, PM2.5
precursors, PM2.5 and PM10 condensables,
PM2.5 increments, or the Federal GHG permitting
thresholds, the provisions of section 110(a)(2)(C) requiring a
suitable PSD permitting program must be considered not to be met
irrespective of the NAAQS that triggered the requirement to submit
an infrastructure SIP.
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Sub-Element 1: Enforcement of SIP Measures
Illinois continues to staff and implement an enforcement program
comprised of and operated by the Compliance Section and Division of
Legal Counsel. 415 ILCS 5/4 provides the Director of Illinois EPA with
the
[[Page 40696]]
authority to implement and administer this enforcement program.
Furthermore, Illinois EPA has confirmed that all enforcement actions
are brought by the Office of the Illinois Attorney General or local
State's Attorney offices, with whom Illinois EPA consults. EPA proposes
that Illinois has met the enforcement of SIP measures requirements of
section 110(a)(2)(C) with respect to the 2008 ozone, 2010
NO2, and 2010 SO2 NAAQS.
EPA recognizes that Illinois has not adopted or submitted
regulations intended to meet each of the PSD program and GHG
permitting/Tailoring Rule sub-element requirements, as described below.
However, Federally promulgated rules for each of these regulations and
their associated requirements are in effect in the state, promulgated
at 40 CFR 52.21. EPA has currently delegated the authority to implement
these regulations to Illinois and as a result, the state has no further
obligations to EPA, i.e., to submit new or revised regulations, because
it already administers the Federally promulgated PSD regulations.
Sub-Element 2: Identification of NOX as a Precursor to Ozone
Provisions in the PSD Program
EPA's ``Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard--Phase 2; Final Rule to Implement Certain Aspects
of the 1990 Amendments Relating to New Source Review and Prevention of
Significant Deterioration as They Apply in Carbon Monoxide, Particulate
Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline'' (Phase
2 Rule) was published on November 29, 2005 (see 70 FR 71612). Among
other requirements, the Phase 2 Rule obligated states to revise their
PSD programs to explicitly identify NOX as a precursor to
ozone (70 FR 71612 at 71679, 71699-71700). This requirement was
codified in 40 CFR 51.166, and consisted of the following \5\:
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\5\ Similar changes were codified in 40 CFR 52.21.
40 CFR 51.166 (b)(1)(ii): A major source that is major for
volatile organic compounds (VOCs) or NOX shall be
considered major for ozone;
40 CFR 51.166 (b)(2)(ii): Any significant emissions increase (as
defined at paragraph (b)(39) of this section) from any emissions
units or net emissions increase (as defined in paragraph (b)(3) of
this section) at a major stationary source that is significant for
VOCs or NOX shall be considered significant for ozone;
40 CFR 51.166 (b)(23)(i): Ozone: 40 tons per year (tpy) of VOCs
or NOX;
40 CFR 51.166 (b)(49)(i) \6\: Any pollutant for which a NAAQS
has been promulgated and any constituents or precursors for such
pollutants identified by the Administrator (e.g., VOCs and
NOX) are precursors for ozone; and
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\6\ Note that this section of 40 CFR 51.166 has been amended as
a result of EPA's Final Rule on the ``Implementation of the New
Source Review (NSR) Program for Particulate Matter Less than 2.5
Micrometers (PM2.5); the regulatory text as listed was
current as of the issuance of the Phase 2 Rule. The current citation
for the VOCs and NOX as precursors for ozone are
contained in 40 CFR 51.166 (b)(49)(i)(b)(i).
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40 CFR 51.166 (i)(5)(i)(e) footnote 1: No de minimis air quality
level is provided for ozone. However, any net emissions increase of
100 tpy or more of VOCs or NOX subject to PSD would be
required to perform an ambient impact analysis, including the
gathering of air quality data.
The Phase 2 Rule required that states submit SIP revisions
incorporating the requirements of the rule, including these specific
NOX as a precursor to ozone provisions, by June 15, 2007
(see 70 FR 71612 at 71683).
Sub-Element 3: Identification of Precursors to PM2.5 and the
Identification of PM2.5 and PM10 Condensables in
the PSD Program
On May 16, 2008 (see 73 FR 28321), EPA issued the Final Rule on the
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5)'' (2008 NSR Rule).
The 2008 NSR Rule finalized several new requirements for SIPs to
address sources that emit direct PM2.5 and other pollutants
that contribute to secondary PM2.5 formation. One of these
requirements is for PSD permits to address pollutants responsible for
the secondary formation of PM2.5, otherwise known as
precursors. In the 2008 rule, EPA identified precursors to
PM2.5 for the PSD program to be sulfur dioxide
(SO2) and NOX (unless the state demonstrates to
the Administrator's satisfaction or EPA demonstrates that
NOX emissions in an area are not a significant contributor
to that area's ambient PM2.5 concentrations). The 2008 NSR
Rule also specifies that VOCs are not considered to be precursors to
PM2.5 in the PSD program unless the state demonstrates to
the Administrator's satisfaction or EPA demonstrates that emissions of
VOCs in an area are significant contributors to that area's ambient
PM2.5 concentrations.
The explicit references to SO2, NOX, and VOCs
as they pertain to secondary PM2.5 formation are codified at
40 CFR 51.166(b)(49)(i)(b) and 40 CFR 52.21(b)(50)(i)(b). As part of
identifying pollutants that are precursors to PM2.5, the
2008 NSR Rule also required states to revise the definition of
``significant'' as it relates to a net emissions increase or the
potential of a source to emit pollutants. Specifically, 40 CFR
51.166(b)(23)(i) and 40 CFR 52.21(b)(23)(i) define ``significant'' for
PM2.5 to mean the following emissions rates: 10 tpy of
direct PM2.5; 40 tpy of SO2; and 40 tpy of
NOX (unless the state demonstrates to the Administrator's
satisfaction or EPA demonstrates that NOX emissions in an
area are not a significant contributor to that area's ambient
PM2.5 concentrations). The deadline for states to submit SIP
revisions to their PSD programs incorporating these changes was May 16,
2011 (see 73 FR 28321 at 28341).\7\
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\7\ EPA notes that on January 4, 2013, the U.S. Court of Appeals
for the D.C. Circuit, in Natural Resources Defense Council v. EPA,
706 F.3d 428 (D.C. Cir.), held that EPA should have issued the 2008
NSR Rule in accordance with the CAA's requirements for
PM10 nonattainment areas (Title I, Part D, subpart 4),
and not the general requirements for nonattainment areas under
subpart 1 (Natural Resources Defense Council v. EPA, No. 08-1250).
As the subpart 4 provisions apply only to nonattainment areas, the
EPA does not consider the portions of the 2008 rule that address
requirements for PM2.5 attainment and unclassifiable
areas to be affected by the court's opinion. Moreover, EPA does not
anticipate the need to revise any PSD requirements promulgated by
the 2008 NSR rule in order to comply with the court's decision.
Accordingly, the EPA's action on Illinois' infrastructure SIP as to
elements (C), (D)(i)(II), or (J) with respect to the PSD
requirements promulgated by the 2008 implementation rule does not
conflict with the court's opinion. The Court's decision with respect
to the nonattainment NSR requirements promulgated by the 2008
implementation rule also does not affect EPA's action on the present
infrastructure action. EPA interprets the CAA to exclude
nonattainment area requirements, including requirements associated
with a nonattainment NSR program, from infrastructure SIP
submissions due three years after adoption or revision of a NAAQS.
Instead, these elements are typically referred to as nonattainment
SIP or attainment plan elements, which would be due by the dates
statutorily prescribed under subpart 2 through 5 under part D,
extending as far as 10 years following designations for some
elements.
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The 2008 NSR Rule did not require states to immediately account for
gases that could condense to form particulate matter, known as
condensables, in PM2.5 and PM10 emission limits
in PSD permits. Instead, EPA determined that states had to account for
PM2.5 and PM10 condensables for applicability
determinations and in establishing emissions limitations for
PM2.5 and PM10 in PSD permits beginning on or
after January 1, 2011. This requirement is codified in 40 CFR
51.166(b)(49)(i)(a) and 40 CFR 52.21(b)(50)(i)(a). Revisions to states'
PSD programs incorporating the inclusion of condensables were required
to be submitted to EPA by May 16, 2011 (see 73 FR 28321 at 28341).
[[Page 40697]]
Sub-Element 5: PM2.5 Increments in the PSD Program
On October 20, 2010, EPA issued the final rule on the ``Prevention
of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5
Micrometers (PM2.5)--Increments, Significant Impact Levels
(SILs) and Significant Monitoring Concentration (SMC)'' (2010 NSR
Rule). This rule established several components for making PSD
permitting determinations for PM2.5, including a system of
``increments'' which is the mechanism used to estimate significant
deterioration of ambient air quality for a pollutant. These increments
are codified in 40 CFR 51.166(c) and 40 CFR 52.21(c), and are included
in the table below.
Table 1--PM2.5 Increments Established by the 2010 NSR Rule in Micrograms
per Cubic Meter
------------------------------------------------------------------------
Annual
arithmetic 24-Hour max
mean
------------------------------------------------------------------------
Class I................................. 1 2
Class II................................ 4 9
Class III............................... 8 18
------------------------------------------------------------------------
The 2010 NSR Rule also established a new ``major source baseline
date'' for PM2.5 as October 20, 2010, and a new trigger date
for PM2.5 as October 20, 2011. These revisions are codified
in 40 CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), and 40 CFR
52.21(b)(14)(i)(c) and (b)(14)(ii)(c). Lastly, the 2010 NSR Rule
revised the definition of ``baseline area'' to include a level of
significance of 0.3 micrograms per cubic meter, annual average, for
PM2.5. This change is codified in 40 CFR 51.166(b)(15)(i)
and 40 CFR 52.21(b)(15)(i).
Sub-Element 5: GHG Permitting and the ``Tailoring Rule''
On June 3, 2010, EPA issued a final rule establishing a ``common
sense'' approach to addressing GHG emissions from stationary sources
under the CAA permitting programs. The ``Prevention of Significant
Deterioration and Title V Greenhouse Gas Tailoring Rule,'' or
``Tailoring Rule,'' set thresholds for GHG emissions that define when
permits under the NSR PSD and title V operating permit programs are
required for new and existing industrial facilities (see 75 FR 31514).
The Tailoring Rule set the GHG PSD applicability threshold at 75,000
tpy as expressed in carbon dioxide equivalent; if states have not
adopted this threshold, sources with GHG emissions above 100 tpy or 250
tpy (depending on source category) would be subject to PSD, effective
January 2, 2011. The lower thresholds could potentially result in
certain residential and commercial sources triggering GHG PSD
requirements.
On December 23, 2010, EPA issued a subsequent series of rules that
put the necessary framework in place to ensure that industrial
facilities can get CAA permits covering their GHG emissions when
needed, and that facilities emitting GHGs at levels below those
established in the Tailoring Rule do not need to obtain CAA permits.\8\
Included in this series of rules was EPA's issuance of the ``Limitation
of Approval of Prevention of Significant Deterioration Provisions
Concerning Greenhouse Gas Emitting-Sources in State Implementation
Plans,'' referred to as the PSD SIP ``Narrowing Rule'' on December 30,
2010 (see 75 FR 82536). The Narrowing Rule limits, or ``narrows,''
EPA's approval of PSD programs that were previously approved into SIPs;
the programs in question are those that apply PSD to sources that emit
GHG. Specifically, the effect of the Narrowing Rule is that provisions
that are no longer approved--e.g., portions of already approved SIPs
that apply PSD to GHG emissions increases from sources emitting GHG
below the Tailoring Rule thresholds--now have the status of having been
submitted by the state but not yet acted upon by EPA. In other words,
the Narrowing Rule focuses on eliminating the PSD obligations under
Federal law for sources below the Tailoring Rule thresholds.
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\8\ https://www.epa.gov/NSR/actions.html#2010.
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Note that while EPA is proposing to disapprove this set of
infrastructure SIP requirements of section 110(a)(2)(C), we are
proposing that Illinois has met the requirement contained in section
110(a)(2)(E) regarding resources specific to permitting GHG.\9\
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\9\ Section 110(a)(2)(E) requires that states have the resources
to administer an air quality management program. Some states that
are not covered by the Narrowing Rule may not be able to adequately
demonstrate that they have adequate personnel to issue GHG permits
to all sources that emit GHG under the Tailoring Rule thresholds.
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For the purposes of the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS infrastructure SIPs, EPA reiterates that NSR
reform regulations are not in the scope of these actions. Therefore, we
are not taking action on existing NSR reform regulations for Illinois.
To address the pre-construction regulation of the modification and
construction of minor stationary sources and minor modifications of
major stationary sources, an infrastructure SIP submission should
identify the existing EPA-approved SIP provisions and/or include new
provisions that govern the minor source pre-construction program that
regulates emissions of the relevant NAAQS pollutants. EPA approved
Illinois' minor NSR program on May 31, 1972 (37 FR 10862). Since this
date, Illinois EPA and EPA have relied on the existing minor NSR
program to ensure that new and modified sources not captured by the
major NSR permitting programs do not interfere with attainment and
maintenance of the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS.
Certain sub-elements in this section overlap with elements of
section 110(a)(2)(D)(i), section 110(a)(2)(E) and section 110(a)(2)(J).
These links will be discussed in the appropriate areas below.
D. Section 110(a)(2)(D)--Interstate Transport
Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one state
from contributing significantly to nonattainment, or interfering with
maintenance, of the NAAQS in another state.
On June 11, 2014, Illinois EPA transmitted a letter to EPA
clarifying that the portions of its December 31, 2012, infrastructure
SIP submission with respect to section 110(a)(2)(D)(i)(I) were only
intended to address the 2010 NO2 NAAQS. In other words, the
interstate transport provisions of section 110(a)(2)(D)(i)(I) that are
before EPA for evaluation do not extend to the 2008 ozone or 2010
SO2 NAAQS. In today's rulemaking, EPA is not proposing to
approve or disapprove Illinois' compliance with section
110(a)(2)(D)(i)(I) with respect to the 2008 ozone and 2010
SO2 NAAQS. Instead, we will address the state's satisfaction
of these requirements with respect to these two NAAQS in a separate
rulemaking.
With respect to the 2010 NO2 NAAQS, EPA promulgated
designations for this NAAQS on February 17, 2012, stating, ``The EPA is
designating areas as ``unclassifiable/attainment'' to mean that
available information does not indicate that the air quality in these
areas exceeds the 2010 NO2 NAAQS'' (see 77 FR 9532). For
comparison purposes, EPA examined the design values \10\ from
NO2 monitors in Illinois
[[Page 40698]]
and surrounding states. The highest design value based on data
collected between 2010 and 2012 was 62 parts per billion at a monitor
in Chicago, Illinois. Additionally, Illinois' SIP contains two sets of
substantial provisions that limit NO2 (and SO2)
emissions from electric generating units. The Combined Pollutant
Standards (CPS) are contained in Illinois Administrative Code 225.233,
and the Multi-Pollutant Standards (MPS) are contained in Illinois
Administrative Code 225.293-225.299. EPA believes that with the
continued implementation of CPS, MPS, Federally promulgated PSD
regulations, and the state's NNSR regulations found in Part 203 of the
SIP, these low monitored values of NO2 will continue in and
around Illinois. In other words, the NO2 emissions from
Illinois are not expected to cause or contribute to a violation of the
2010 NO2 NAAQS in another state, and these emissions are not
likely to interfere with the maintenance of the 2010 NO2
NAAQS in another state. Therefore, EPA proposes that Illinois has met
this set of requirements related to section 110(a)(2)(D)(i)(I) for the
2010 NO2 NAAQS.
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\10\ The level of the 2010 NO2 NAAQS for is 100 parts
per billion (ppb) and the form is the 3-year average of the annual
98th percentile of the daily 1-hour maximum. For the most recent
design values, see https://www.epa.gov/airtrends/values.html.
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Section 110(a)(2)(D)(i)(II) requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one state
from interfering with measures required to prevent significant
deterioration of air quality or to protect visibility in another state.
Illinois' satisfaction of the applicable infrastructure SIP PSD
requirements for the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS has been detailed in the section addressing
section 110(a)(2)(C). As previously noted, Illinois has not adopted or
submitted regulations for PSD, which results in a proposed disapproval
with respect to these requirements. However, Illinois has no further
obligations to EPA because it administers the Federally promulgated PSD
regulations, promulgated at 40 CFR 52.21, through delegation.
States also have an obligation to ensure that sources located in
nonattainment areas do not interfere with a neighboring state's PSD
program. One way that this requirement can be satisfied is through an
NNSR program consistent with the CAA that addresses any pollutants for
which there is a designated nonattainment area within the state.
Illinois' EPA-approved NNSR regulations can be found in Part 203 of
the SIP; these regulations contain provisions for how the state must
treat and control sources in nonattainment areas, consistent with 40
CFR 51.165, or appendix S to 40 CFR part 51. EPA proposes that Illinois
has met the requirements with respect to the prohibition of
interference with a neighboring state's PSD program for the 2008 ozone,
2010 NO2, and 2010 SO2 NAAQS related to section
110(a)(2)(D)(i)(II).
With regard to the applicable requirements for visibility
protection of section 110(a)(2)(D)(i)(II), states are subject to
visibility and regional haze program requirements under part C of the
CAA (which includes sections 169A and 169B). The 2009 Memo, the 2011
Memo, and 2013 Memo state that these requirements can be satisfied by
an approved SIP addressing reasonably attributable visibility
impairment, if required, or an approved SIP addressing regional haze.
On July 6, 2012, EPA published its final approval of Illinois'
regional haze plan (see 77 FR 39943). Notably, Illinois has two sets of
provisions in its SIP that meet the Best Available Retrofit Technology
requirement of electric generating stations without relying on
Federally promulgated regulations such as the Clean Air Interstate Rule
(CAIR) or the Cross-State Air Pollution Rule (CSAPR).\11\ Therefore,
EPA is proposing that Illinois has met the visibility protection
requirements of section 110(a)(2)(D)(i)(II) for the 2008 ozone, 2010
NO2, and 2010 SO2 NAAQS.
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\11\ These provisions are the CPS and MPS as alluded to in the
discussion addressing section 110(a)(2)(D)(i)(I), and are contained
in Illinois Administrative Code 225.233 and Illinois Administrative
Code 225.293-225.299, respectively. Reliance on the CPS and MPS in
the context of Illinois' regional haze plan as satisfying the
visibility protection requirements of section 110(a)(2)(D)(i)(II) in
lieu of dependence on Federally promulgated regulations such as CAIR
or CSAPR is consistent with EPA's previous final action for the 2006
PM2.5 NAAQS (see 77 FR 65478 at 65481).
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Section 110(a)(2)(D)(ii) requires each SIP to contain adequate
provisions requiring compliance with the applicable requirements of
section 126 and section 115 (relating to interstate and international
pollution abatement, respectively).
Section 126(a) requires new or modified sources to notify
neighboring states of potential impacts from the source. The statute
does not specify the method by which the source should provide the
notification. States with SIP-approved PSD programs must have a
provision requiring such notification by new or modified sources. A
lack of such a requirement in state rules would be grounds for
disapproval of this element.
As previously mentioned, Illinois administers the Federally
promulgated PSD regulations promulgated at 40 CFR 52.21, through
delegation. These Federal rules contain provisions requiring new or
modified sources to notify neighboring states of potential negative air
quality impacts. EPA acknowledges that the state has not satisfied the
requirement for a SIP submission, which results in a proposed
disapproval with respect to this set of infrastructure SIP requirements
of section 110(a)(2)(D)(ii). However, Illinois has no further
obligations to EPA because it administers the Federally promulgated PSD
regulations.
Illinois affirmed in its submission that it does not have any
pending obligations under section 115. Therefore, EPA is proposing that
Illinois has met the applicable infrastructure SIP requirements of
section 110(a)(2)(D)(ii) related to section 115 of the CAA
(international pollution abatement) for the 2008 ozone, 2010
NO2, and 2010 SO2 NAAQS.
E. Section 110(a)(2)(E)--Adequate Resources
This section requires each state to provide for adequate personnel,
funding, and legal authority under state law to carry out its SIP, and
related issues. Section 110(a)(2)(E)(ii) also requires each state to
comply with the requirements respecting state boards under section 128.
Sub-Element 1: Adequate Personnel, Funding, and Legal Authority Under
State Law To Carry Out Its SIP, and Related Issues
At the time of its submittal, Illinois EPA cited the recently
passed Public Act in the state that provides appropriations for the
Illinois Bureau of Air Programs and associated personnel. In addition
to the environmental performance partnership agreement with EPA,
Illinois has confirmed that it retains all necessary resources to carry
out required air programs. As discussed in previous sections, Illinois
EPA has affirmed that 415 ILCS 5/4 and 415 ILCS 5/10 provide the
Director, in conjunction with IPCB, with the authority to develop rules
and regulations necessary to meet ambient air quality standards and
respond to any EPA findings of inadequacy with the Illinois SIP
program. Lastly, the IPCB ensures compliance with required laws or
elements of the state's attainment plan that are necessary to attain
the NAAQS, or that are necessary to comply with the requirements of the
CAA. EPA proposes that Illinois has met the infrastructure SIP
requirements of this portion of section 110(a)(2)(E) with respect to
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.
[[Page 40699]]
As noted above in the discussion addressing section 110(a)(2)(C),
the resources needed to permit all sources emitting more than 100 tpy
or 250 tpy (as applicable) of GHG would require more resources than
states may appear to have. This is not a concern in Illinois, because
PSD permitting for GHGs is based on Federally promulgated PSD rules
that ``tailor'' the applicability to 75,000 tpy (expressed as carbon
dioxide equivalent).
Sub-Element 2: State Board Requirements Under Section 128 of the CAA
Section 110(a)(2)(E) also requires each SIP to contain provisions
that comply with the state board requirements of section 128 of the
CAA. That provision contains two explicit requirements: (i) That any
board or body which approves permits or enforcement orders under this
chapter shall have at least a majority of members who represent the
public interest and do not derive any significant portion of their
income from persons subject to permits and enforcement orders under
this chapter, and (ii) that any potential conflicts of interest by
members of such board or body or the head of an executive agency with
similar powers be adequately disclosed.
In today's action, EPA is neither proposing to approve or
disapprove the portions of the submission from Illinois intended to
address the state board requirements of section 110(a)(2)(E)(ii).
Instead, EPA will take separate action on compliance with section
110(a)(2)(E)(ii) for the state at a later time. EPA is working with
Illinois EPA to address these requirements in the most appropriate way.
F. Section 110(a)(2)(F)--Stationary Source Monitoring System
States must establish a system to monitor emissions from stationary
sources and submit periodic emissions reports. Each plan shall also
require the installation, maintenance, and replacement of equipment,
and the implementation of other necessary steps, by owners or operators
of stationary sources to monitor emissions from such sources. The state
plan shall also require periodic reports on the nature and amounts of
emissions and emissions-related data from such sources, and correlation
of such reports by each state agency with any emission limitations or
standards established pursuant to this chapter. Lastly, the reports
shall be available at reasonable times for public inspection.
Illinois EPA requires regulated sources to submit various reports,
dependent on applicable requirements and the type of permit issued to
the source. These reports are submitted to the Bureau of Air's
Compliance Unit for review, and all reasonable efforts are made by
Illinois EPA to maximize the effectiveness of available resources to
review the required reports. EPA proposes that Illinois has satisfied
the infrastructure SIP requirements of section 110(a)(2)(F) with
respect to the 2008 ozone, 2010 NO2, and 2010 SO2
NAAQS.
G. Section 110(a)(2)(G)--Emergency Powers
This section requires that a plan provide for authority that is
analogous to what is provided in section 303 of the CAA, and adequate
contingency plans to implement such authority. The 2013 Memo states
that infrastructure SIP submissions should specify authority, rested in
an appropriate official, to restrain any source from causing or
contributing to emissions which present an imminent and substantial
endangerment to public health or welfare, or the environment.
Illinois has the necessary authority to address emergency episodes,
and these provisions are contained in 415 ILCS 5/34. 415 ILCS 5/43(a)
authorizes the Illinois EPA to request a state's attorney from Illinois
Attorney General's office to seek immediate injunctive relief in
circumstances of substantial danger to the environment or to the public
health of persons. EPA proposes that Illinois has met the applicable
infrastructure SIP requirements for this portion of section
110(a)(2)(G) with respect to the 2008 ozone, 2010 NO2, and
2010 SO2 NAAQS.
H. Section 110(a)(2)(H)--Future SIP Revisions
This section requires states to have the authority to revise their
SIPs in response to changes in the NAAQS, availability of improved
methods for attaining the NAAQS, or to an EPA finding that the SIP is
substantially inadequate.
As previously mentioned, 415 ILCS 5/4 and 415 ILCS 5/10 provide the
Director of Illinois EPA, in conjunction with IPCB, with the authority
to develop rules and regulations necessary to meet ambient air quality
standards. Furthermore, they have the authority to respond to any EPA
findings of inadequacy with the Illinois SIP program. EPA proposes that
Illinois has met the infrastructure SIP requirements of section
110(a)(2)(H) with respect to the 2008 ozone, 2010 NO2, and
2010 SO2 NAAQS.
I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions
Under Part D
The CAA requires that each plan or plan revision for an area
designated as a nonattainment area meet the applicable requirements of
part D of the CAA. Part D relates to nonattainment areas.
EPA has determined that section 110(a)(2)(I) is not applicable to
the infrastructure SIP process. Instead, EPA takes action on part D
attainment plans through separate processes.
J. Section 110(a)(2)(J)--Consultation With Government Officials; Public
Notifications; PSD; Visibility Protection
The evaluation of the submissions from Illinois with respect to the
requirements of section 110(a)(2)(J) are described below.
Sub-Element 1: Consultation With Government Officials
States must provide a process for consultation with local
governments and Federal Land Managers (FLMs) carrying out NAAQS
implementation requirements.
Illinois EPA is required to give notice to the Office of the
Attorney General and the Illinois Department of Natural Resources
during the rulemaking process. Furthermore, Illinois provides notice to
reasonably anticipated stakeholders and interested parties, as well as
to any FLM if the rulemaking applies to Federal land which the FLM has
authority over. Additionally, Illinois EPA participates in the Lake
Michigan Air Director's Consortium (LADCO), which consists of
collaboration with EPA and the states of Indiana, Michigan, Minnesota,
Ohio, and Wisconsin. Illinois EPA also consults with Missouri through a
process established in a Memorandum of Agreement. EPA proposes that
Illinois has met the infrastructure SIP requirements of this portion of
section 110(a)(2)(J) with respect to the 2008 ozone, 2010
NO2, and 2010 SO2 NAAQS.
Sub-Element 2: Public Notification
Section 110(a)(2)(J) also requires states to notify the public if
NAAQS are exceeded in an area and must enhance public awareness of
measures that can be taken to prevent exceedances.
Illinois EPA continues to collaborate with the Cook County
Department of Environmental Control. This consists of continued and
routine monitoring of air quality throughout the state, and notifying
the public when unhealthy air quality is measured or forecasted.
Illinois EPA actively populates EPA's AIRNOW program and distributes
the
[[Page 40700]]
information to interested stakeholders such as Partners for Clean Air
in Chicago, the Clean Air Partnership in St. Louis, and the Cook County
Department of Environmental Control. The state maintains portions of
its Web site specifically for air quality alerts,\12\ and prepares
annual data reports from its complete monitoring network. Therefore,
EPA proposes that Illinois has met the infrastructure SIP requirements
of this portion of section 110(a)(2)(J) with respect to the 2008 ozone,
2010 NO2, and 2010 SO2 NAAQS.
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\12\ See, e.g., https://www.epa.state.il.us/air/air-quality-menu.html.
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Sub-Element 3: PSD
States must meet applicable requirements of section 110(a)(2)(C)
related to PSD. Illinois' satisfaction of the applicable infrastructure
SIP PSD requirements for the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS has been detailed in the section addressing
section 110(a)(2)(C). As previously noted, Illinois has not adopted or
submitted regulations for PSD, which results in a proposed disapproval
with respect to these requirements. However, Illinois has no further
obligations to EPA because it administers the Federally promulgated PSD
regulations, promulgated at 40 CFR 52.21, through delegation.
Sub-Element 4: Visibility Protection
With regard to the applicable requirements for visibility
protection, states are subject to visibility and regional haze program
requirements under part C of the CAA (which includes sections 169A and
169B). In the event of the establishment of a new NAAQS, however, the
visibility and regional haze program requirements under part C do not
change. Thus, we find that there is no new visibility obligation
``triggered'' under section 110(a)(2)(J) when a new NAAQS becomes
effective. In other words, the visibility protection requirements of
section 110(a)(2)(J) are not germane to infrastructure SIPs for the
2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.
K. Section 110(a)(2)(K)--Air Quality Modeling/Data
SIPs must provide for performing air quality modeling for
predicting effects on air quality of emissions from any NAAQS pollutant
and submission of such data to EPA upon request.
Illinois EPA maintains the capability to perform modeling of the
air quality impacts of emissions of all criteria pollutants, including
the capability to use complex photochemical grid models. This modeling
is used in support of the SIP for all nonattainment areas in the state.
Illinois EPA also requires air quality modeling in support of
permitting the construction of major and some minor new sources under
the PSD program. These modeling data are available to EPA as well as
the public upon request. Lastly, Illinois EPA participates in LADCO,
which conducts regional modeling that is used for statewide planning
purposes. EPA proposes that Illinois has met the infrastructure SIP
requirements of section 110(a)(2)(K) with respect to the 2008 ozone,
2010 NO2, and 2010 SO2 NAAQS.
L. Section 110(a)(2)(L)--Permitting Fees
This section requires SIPs to mandate each major stationary source
to pay permitting fees to cover the cost of reviewing, approving,
implementing, and enforcing a permit.
Illinois EPA implements and operates the title V permit program,
which EPA approved on December 4, 2001 (66 FR 62946) and the
provisions, requirements, and structures associated with the costs for
reviewing, approving, implementing, and enforcing various types of
permits are contained in 415 ILCS 5/39.5. EPA proposes that Illinois
has met the infrastructure SIP requirements of section 110(a)(2)(L) for
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.
M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local
Entities
States must consult with and allow participation from local
political subdivisions affected by the SIP.
All public participation procedures pertaining to Illinois EPA are
consistent with 35 Illinois Administrative Code Part 164 (Procedures
for Informational and Quasi-Legislative Public Hearings) and 35
Illinois Administrative Code Part 252 (Public Participation in the Air
Pollution Control Permit Program); the latter is an approved portion of
Illinois' SIP. EPA proposes that Illinois has met the infrastructure
SIP requirements of section 110(a)(2)(M) with respect to the 2008
ozone, 2010 NO2, and 2010 SO2 NAAQS.
V. What action is EPA taking?
EPA is proposing to approve most elements of a submission from
Illinois certifying that its current SIP is sufficient to meet the
required infrastructure elements under sections 110(a)(1) and (2) for
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. We
are also proposing to disapprove some elements of the state's
submission as they relate to its PSD program. As described above,
Illinois already administers Federally promulgated PSD regulations
through delegation, and therefore no practical effect is associated
with today's proposed disapproval or future final disapproval of those
elements.
EPA's proposed actions for the state's satisfaction of
infrastructure SIP requirements, by element of section 110(a)(2) and
NAAQS, are contained in the table below.
----------------------------------------------------------------------------------------------------------------
Element 2008 Ozone 2010 NO[ihel2] 2010 SO[ihel2]
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and other A A A
control measures.
(B): Ambient air quality A A A
monitoring and data system.
(C)1: Enforcement of SIP measures. A A A
(C)2: NOX as a precursor to ozone D,* D,* D,*
for PSD.
(C)3: PM2.5 Precursors/PM2.5 and D,* D,* D,*
PM10 condensables for PSD.
(C)4: PM2.5 Increments............ D,* D,* D,*
(C)5: GHG permitting thresholds in D,* D,* D,*
PSD regulations.
(D)1: Contribute to nonattainment/ NA A NA
interfere with maintenance of
NAAQS.
(D)2: PSD......................... ** ** **
(D)3: Visibility Protection....... A A A
(D)4: Interstate Pollution D,* D,* D,*
Abatement.
(D)5: International Pollution A A A
Abatement.
(E): Adequate resources........... A A A
(E): State boards................. NA NA NA
(F): Stationary source monitoring A A A
system.
[[Page 40701]]
(G): Emergency power.............. A A A
(H): Future SIP revisions......... A A A
(I): Nonattainment area plan or NA NA NA
plan revisions under part D.
(J)1: Consultation with government A A A
officials.
(J)2: Public notification......... A A A
(J)3: PSD......................... ** ** **
(J)4: Visibility protection....... + + +
(K): Air quality modeling and data A A A
(L): Permitting fees.............. A A A
(M): Consultation and A A A
participation by affected local
entities.
----------------------------------------------------------------------------------------------------------------
In the above table, the key is as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
A.............................. Approve.
NA............................. No Action/Separate Rulemaking.
D.............................. Disapprove.
+.............................. Not germane to infrastructure SIPs.
*.............................. Federally promulgated rules in place.
**............................. Previously discussed in element (C).
------------------------------------------------------------------------
To clarify, EPA is proposing to disapprove the infrastructure SIP
submission from Illinois with respect to certain PSD requirements
including: (i) The explicit identification of NOX as a
precursor to ozone consistent with the Phase 2 Rule; (ii) the explicit
identification of SO2 and NOX as PM2.5
precursors (and the significant emissions rates for direct
PM2.5, and SO2 and NOX as its
precursors), and the regulation of PM2.5 and PM10
condensables, consistent with the requirements of the 2008 NSR Rule;
(iii) the PM2.5 increments and associated implementation
rules consistent with the 2010 NSR Rule; and, (iv) permitting of GHG
emitting sources at the Federal Tailoring Rule thresholds.
EPA is also proposing to disapprove the infrastructure SIP
submission from with respect to the requirements of section
110(a)(2)(D)(ii) related to interstate pollution abatement.
Specifically, this section requires states with PSD programs have
provisions requiring a new or modified source to notify neighboring
states of the potential impacts from the source, consistent with the
requirements of section 126(a).
However, Illinois has no further obligations to EPA because
Federally promulgated rules, promulgated at 40 CFR 52.21 are in effect
in the state. EPA has delegated the authority to Illinois to administer
these rules, which include provisions related to PSD and interstate
pollution abatement. A final disapproval for Illinois for these
infrastructure SIP requirements will not result in sanctions under
section 179(a), nor will it obligate EPA to promulgate a Federal
implementation plan within two years of final action if the state does
not submit revisions to its PSD SIPs addressing these deficiencies.
Instead, Illinois is already administering the Federally promulgated
PSD regulations.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Nitrogen dioxide,
Reporting and recordkeeping requirements, Sulfur dioxide.
Dated: June 23, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014-16287 Filed 7-11-14; 8:45 am]
BILLING CODE 6560-50-P