Air Plan Approval; Illinois; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone Standard, 50551-50556 [2018-21877]
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Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 26, 2018.
Michael Stoker,
Regional Administrator, Region IX.
[FR Doc. 2018–21882 Filed 10–5–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0383; FRL–9985–09–
Region 5]
Air Plan Approval; Illinois;
Nonattainment New Source Review
Requirements for the 2008 8-Hour
Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve,
as a State Implementation Plan (SIP)
revision, Illinois’ certification that its
SIP satisfies the nonattainment new
source review (NNSR) requirements of
the Clean Air Act (CAA) for the 2008
ozone National Ambient Air Quality
Standard (NAAQS or Standard). Final
approval of the Illinois NNSR
certification SIP will permanently stop
the Federal Implementation Plan (FIP)
clocks triggered by EPA’s February 3
and December 11, 2017 findings that
Illinois failed to submit an NNSR plan
for the Illinois portion of the ChicagoNaperville, Illinois-Indiana-Wisconsin
area (Chicago Nonattainment Area).
DATES: Written comments must be
received on or before November 8, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2018–0383 at https://
www.regulations.gov, or via email to
damico.genevieve@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
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SUMMARY:
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Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
David Ogulei, Environmental Engineer,
Air Permits Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–0987, ogulei.david@
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. Background
II. Summary of the State’s Submittal
III. What is EPA’s analysis?
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
A. 2008 8-Hour Ozone NAAQS
On March 12, 2008, EPA promulgated
a revised 8-hour ozone NAAQS of 0.075
parts per million (ppm). See 73 FR
16436 (March 27, 2008). Upon
promulgation of a new or revised
NAAQS, the CAA requires EPA to
designate as nonattainment any area
that is violating the NAAQS based on
the three most recent years of ambient
air quality data available at the
conclusion of the designation process.
For ozone NAAQS, EPA must also
classify any nonattainment areas at the
time of designation based on the
severity of their ozone levels (as
determined based on the area’s ‘‘design
value’’ 1). See CAA sections 107(d)(1)
and 181(a)(1) and 77 FR 34225. The
1 Under 40 CFR 50.15, the ‘‘design value’’ for the
2008 8-hour ozone NAAQS is the 3-year average of
the annual fourth-highest daily maximum 8-hour
average ambient air quality ozone concentrations.
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possible classifications are ‘‘Marginal,’’
‘‘Moderate,’’ ‘‘Serious,’’ ‘‘Severe,’’ and
‘‘Extreme.’’ Nonattainment areas with a
lower classification (such as marginal
areas) have ozone levels that are closer
to meeting the standard than areas with
a higher classification (such as Extreme
areas). See CAA section 181(a)(1).
On March 6, 2015, EPA issued a final
rule titled ‘‘Implementation of the 2008
National Ambient Air Quality Standards
for Ozone: State Implementation Plan
Requirements’’ (SIP Requirements Rule),
which detailed the requirements that
state, tribal, and local air quality
management agencies must meet as they
develop implementation plans for areas
where air quality exceeds the 2008 8hour ozone NAAQS. See 80 FR 12264
(March 6, 2015).2 Areas that were
designated as marginal ozone
nonattainment areas were required to
attain the 2008 8-hour ozone NAAQS no
later than 36 months after the effective
date of area designations for the 2008 8hour ozone NAAQS (i.e., July 20, 2015),
based on 2012–2014 monitoring data.
See 40 CFR 51.1103.
Areas designated nonattainment for
the ozone NAAQS are subject to the
general nonattainment area planning
requirements of CAA section 172 and
also to the ozone-specific planning
requirements of CAA section 182. States
in the Ozone Transport Region (OTR) 3
are additionally subject to the
requirements outlined in CAA section
184. Ozone nonattainment areas in the
lower classification levels have fewer
and/or less stringent mandatory air
quality planning and control
requirements than those in higher
classifications. For a marginal area, a
state is required to submit a baseline
emissions inventory, adopt a SIP
requiring emissions statements from
stationary sources, and implement a
NNSR program for the relevant ozone
standard. See CAA section 182(a). For
each higher ozone nonattainment
2 The SIP Requirements Rule addresses a range of
nonattainment area SIP requirements for the 2008
8-hour ozone NAAQS, including requirements
pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control
technology, reasonably available control measures,
major new source review, emission inventories, and
the timing of SIP submissions and of compliance
with emission control measures in the SIP. The rule
also revokes the 1997 ozone NAAQS and
establishes anti-backsliding requirements.
3 The OTR is comprised of the following states:
Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New
York, Pennsylvania, Rhode Island, Vermont, and
the Consolidated Metropolitan Statistical Area that
includes the District of Columbia. 42 U.S.C.
7511c(a). States in the OTR are required to submit
SIP revisions addressing reasonably available
control technology (RACT) requirements for the
pollutants that form ozone, even if the areas in the
state meet the ozone standards.
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classification, a state must comply with
all lower area classification
requirements, plus additional emissions
controls and more expansive NNSR
offset requirements. For example, the
state must comply with all marginal
area classification requirements plus it
must submit SIP revisions to: (1)
Provide for reductions of emissions of
volatile organic compounds (VOC) and
nitrogen oxides (NOX) of at least 15
percent from baseline emissions over 6
years; (2) require the implementation of
reasonably available control technology
(RACT); (3) provide for a vehicle
emissions inspection and maintenance
(I/M) program; (4) include contingency
measures for failure to attain; and (5)
include stage II gasoline vapor recovery
requirements. See 42 U.S.C. 7511a(b)
and 7502.
EPA classified the ChicagoNaperville, Illinois-Indiana-Wisconsin
area (Chicago Nonattainment Area) as a
marginal nonattainment area for the
2008 8-hour ozone NAAQS on June 11,
2012 (effective July 20, 2012) using
certified ambient air quality monitoring
data from calendar years 2009–2011.
See 77 FR 34221. The Chicago area
includes Cook, DuPage, Kane, Lake,
McHenry, and Will Counties and parts
of Grundy and Kendall Counties in
Illinois; Lake and Porter Counties in
Indiana; and part of Kenosha County in
Wisconsin.
On May 4, 2016, pursuant to section
181(b)(2) of the CAA, EPA determined
that the Chicago area failed to attain the
2008 8-hour ozone NAAQS by the July
20, 2015, marginal area attainment
deadline and did not meet the CAA
section 181(a)(5) criteria, as interpreted
in 40 CFR 51.1107, for a 1-year
attainment date extension. See 81 FR
26697 (May 4, 2016). Thus, EPA
reclassified this area by operation of law
as moderate for the 2008 ozone NAAQS.
Id.4 In that action, EPA established
January 1, 2017, as the due date for the
state to submit all moderate area
nonattainment plan SIP requirements
applicable to newly reclassified areas.
As explained in the SIP Requirements
Rule, Illinois was required to develop a
SIP revision addressing NNSR
requirements for its marginal ozone
nonattainment areas by July 20, 2015.
See 80 FR 12266 (March 6, 2015).
Additionally, because the Chicago area
was reclassified to moderate
nonattainment, Illinois was required to
submit a moderate area NNSR SIP by
4 The Metro-East area also did not attain the 2008
8-hour ozone NAAQS by July 20, 2015; however,
EPA found this area to be eligible for a 1-year
attainment date extension, for a new attainment
date of July 20, 2016. See 81 FR 26697 (May 4,
2016).
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January 1, 2017. See 81 FR 26697 (May
4, 2016).5 NNSR is a preconstruction
review permit program that applies to
new major stationary sources or major
modifications at existing sources located
in a nonattainment area. See CAA
sections 172(c)(5), 173 and 182. The
specific NNSR requirements for the
2008 8-hour ozone NAAQS are located
in 40 CFR 51.160–165.
B. 2017 Findings of Failure To Submit
SIPs for the 2008 8-Hour Ozone NAAQS
On February 3, 2017, EPA found that
15 states and the District of Columbia
failed to submit SIP revisions to satisfy
certain nonattainment plan
requirements for the 2008 ozone
NAAQS. See 82 FR 9158. EPA found,
inter alia, that Illinois failed to timely
submit a SIP revision to satisfy NNSR
requirements for the Chicago and MetroEast 6 ozone nonattainment areas. In
addition, on December 11, 2017, EPA
found, inter alia, that Illinois failed to
timely submit a revision to its SIP to
satisfy moderate NNSR requirements for
the Chicago area. See 82 FR 58118.
These findings established certain
deadlines for the imposition of
sanctions if a state does not submit a
timely SIP revision addressing the
requirements for which EPA made the
findings and the requirement for EPA to
promulgate a FIP to address any
outstanding SIP requirements.
Specifically, Illinois was required to
submit a complete SIP addressing the
deficiencies that were the basis for each
finding within 18 months of the
effective dates of the findings (i.e.,
September 6, 2018 and July 10, 2019,
respectively) so as to avoid triggering,
pursuant to CAA section 179(a) and (b)
and 40 CFR 52.31, the offset sanction
identified in CAA section 179(b)(2) in
the affected nonattainment area.
Additionally, these rules triggered the
requirement for EPA to promulgate a
FIP for the affected nonattainment area
if EPA does not take final action to
approve the state’s submittal within 2
years of the effective date of the findings
(i.e., March 6, 2019, and January 10,
2020, respectively).
On March 1, 2018, EPA redesignated
the Metro-East area to attainment for the
2008 8-hour ozone NAAQS because
5 Illinois’ obligation to submit the NNSR SIP was
not affected by the D.C. Circuit Court’s February 16,
2018 decision on portions of the SIP Requirements
Rule in South Coast Air Quality Mgmt. Dist. v. EPA,
No. 15–1115, 2018 U.S. App. LEXIS 3636 (DC Cir.
Feb. 16, 2018).
6 The Metro-East area includes the Illinois portion
of the St. Louis-St. Charles-Farmington, MissouriIllinois ozone nonattainment area, which includes
Madison, Monroe and St. Clair Counties in Illinois,
and Franklin, Jefferson, St. Charles, and St. Louis
Counties and the City of St. Louis in Missouri.
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EPA found this area to have met the
statutory requirements for redesignation
to attainment under the CAA. See 83 FR
8756 (March 1, 2018). In that action,
EPA also approved, as a revision to the
Illinois SIP, Illinois’ plan for
maintaining the 2008 ozone NAAQS
through calendar year 2030 in the
Metro-East area. NNSR SIP revisions are
no longer required if an area is
redesignated to attainment; the CAA’s
Prevention of Significant Deterioration
(PSD) program requirements apply in
lieu of NNSR. See 82 FR 9160.
Therefore, the finding of failure to
submit no longer applies to areas that
have been redesignated to attainment.
Because the Metro-East area is now
designated attainment, a NNSR SIP is
not required for this area.
On May 23, 2018, the Illinois
Environmental Protection Agency
(IEPA) submitted a SIP revision
addressing the NNSR requirements of
the CAA for areas designated as
nonattainment for the 2008 ozone
NAAQS. On July 12, 2018, EPA found
that Illinois’ NNSR SIP submission
fulfilled the completeness criteria in 40
CFR part 51, appendix V.7 Through the
completeness finding, EPA determined
that the deficiencies which formed the
basis for the February 3, 2017 and
December 11, 2017 findings had been
corrected and, as a result, the sanctions
clock was permanently stopped. Final
approval of Illinois’ May 23, 2018 NNSR
SIP revision would permanently stop
the FIP clocks triggered by the February
3, 2017 and December 11, 2017 findings.
II. Summary of the State’s Submittal
On May 23, 2018, IEPA submitted a
SIP revision requesting EPA’s approval
of Illinois’ certification that its existing
SIP-approved NNSR regulations fully
satisfy the NNSR requirements set forth
in 40 CFR 51.165 for both marginal and
moderate ozone nonattainment areas for
the 2008 ozone NAAQS. IEPA indicates
that its NNSR SIP submission is
intended to respond to the February 3
and December 11, 2017 findings for the
Chicago and Metro-East areas.
Specifically, Illinois is certifying that its
existing NNSR program covering its
ozone nonattainment areas for the 2008
8-hour ozone NAAQS, including the
Chicago Nonattainment Area, contains
the NNSR elements required by 40 CFR
51.165, as amended by the SIP
Requirements Rule, for ozone and its
precursors.
Illinois’ submittal includes a
document titled, ‘‘Illinois’ Compliance
7 Letter from Edward Nam, Director, Air &
Radiation Division, EPA Region 5 to Julie Armitage,
Chief, Bureau of Air, IEPA.
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With Nonattainment New Source
Review Requirements For The 2008
Ozone Standard’’ (NNSR checklist),
which contains Illinois’ detailed
assessment of how its SIP-approved
NNSR regulations address each of the
NNSR requirements for the 2008 ozone
NAAQS as codified at 40 CFR 51.165.
Illinois certifies that it already complies
with CAA sections 172(c)(5) and
182(a)(2)(C), which require states that
have been designated nonattainment for
an ozone NAAQS to submit plans or
plan revisions containing certain
required elements, including permit
programs for the construction and
operation of new or modified stationary
sources in the nonattainment area.
Specifically, Illinois has certified that its
existing State regulations in Title 35 of
Illinois Administrative Code Part 203
(35 IAC Part 203) fully satisfy the NNSR
requirements set forth in 40 CFR 51.165
for both marginal and moderate ozone
nonattainment areas because they
contain all NNSR SIP elements required
by 40 CFR 51.165 for its ozone
nonattainment areas. EPA proposes to
find that Illinois’ submittal addresses
the State’s obligations as described in
the February 3 and December 11, 2017
findings.
III. What is EPA’s analysis?
The minimum SIP requirements for
NNSR permitting programs for the 2008
8-hour ozone NAAQS are located in 40
CFR 51.165. See 40 CFR 51.1114. These
NNSR program requirements include
those promulgated in the ‘‘Phase 2
Rule’’ implementing the 1997 8-hour
ozone NAAQS (75 FR 71018, November
29, 2005) and the SIP Requirements
Rule implementing the 2008 8-hour
ozone NAAQS. Under the Phase 2 Rule,
the SIP for each ozone nonattainment
area must contain NNSR provisions
that: Set major source thresholds for
NOX and VOC pursuant to 40 CFR
51.165(a)(1)(iv)(A)(1)(i)–(iv) and (2);
classify physical changes as a major
source if the change would constitute a
major source by itself pursuant to 40
CFR 51.165(a)(1)(iv)(A)(3); consider any
significant net emissions increase of
NOX as a significant net emissions
increase for ozone pursuant to 40 CFR
51.165(a)(1)(v)(E); consider certain
increases of VOC emissions in extreme
ozone nonattainment areas as a
significant net emissions increase and a
major modification for ozone pursuant
to 40 CFR 51.165(a)(1)(v)(F); set
significant emissions rates for VOC and
NOx as ozone precursors pursuant to 40
CFR 51.165(a)(1)(x)(A)–(C) and (E);
contain provisions for emissions
reductions credits pursuant to 40 CFR
51.165(a)(3)(ii)(C)(1)–(2); provide that
the requirements applicable to VOC also
apply to NOX pursuant to 40 CFR
51.165(a)(8); and set offset ratios for
VOC and NOX pursuant to 40 CFR
51.165(a)(9)(i)–(iii) (renumbered as
(a)(9)(ii)–(iv) under the SIP
Requirements Rule for the 2008 8-hour
ozone NAAQS). Under the SIP
Requirements Rule for the 2008 8-hour
ozone NAAQS, the SIP for each ozone
nonattainment area designated
nonattainment for the 2008 8-hour
ozone NAAQS and designated
nonattainment for the 1997 ozone
NAAQS on April 6, 2015, must also
contain NNSR provisions that include
the anti-backsliding requirements at 40
CFR 51.1105. See 40 CFR 51.165(a)(12).
Illinois’ NNSR rules, as set forth in 35
IAC Part 203, Major Stationary Sources
Construction And Modification, are
designed to ensure that the construction
of a major new source of air pollution
or a large increase of emissions at an
existing source does not interfere with
the attainment demonstration and does
not delay timely achievement of the
ambient air quality standards. The rules
require owners or operators of major
projects to: (1) Apply the Lowest
Achievable Emission Rate (LAER) or, for
certain existing sources, the Best
Available Control Technology (BACT)
on emissions of the nonattainment
pollutant from the major project; (2)
offset the emissions of the
nonattainment pollutant from a major
project by emission reductions from
other sources in the nonattainment area;
(3) demonstrate that other sources in the
State which are under common
ownership or control with the person
proposing the project are in compliance
with the CAA; and (4) analyze
alternatives to the particular project to
determine whether the benefits of the
project outweigh the environmental and
social costs.
EPA last approved revisions to
Illinois’ NNSR SIP on May 13, 2003. See
68 FR 25504 (May 13, 2003).8 In that
action, EPA approved amendments to
35 IAC 203 to better track the language
of CAA sections 182(c)(6), (7), and (8).
See 68 FR 25505. The changes dealt
with how one determines whether a
proposed change at a source is a major
modification.
Based on our review of the NNSR
checklist that Illinois incorporated into
the SIP submittal, and the version of 35
IAC 203 approved into the Illinois SIP,
we propose to find that Illinois’ SIPapproved NNSR program at 35 IAC 203
contains the minimum required NNSR
elements as specified in 40 CFR 51.165
for Illinois’ ozone nonattainment areas.
We are proposing to approve Illinois’
certification that 35 IAC 203 is
consistent with 40 CFR 51.165 and
meets the requirements of CAA sections
172(c)(5), 173, 110(a)(2), 182(a)(4) and
182(b)(5) under the 2008 ozone standard
for the Illinois portion of the Chicago
Ozone Nonattainment Area. Final
approval of Illinois’ NNSR certification
would address the deficiencies that
were the basis for the February 3 and
December 11, 2017 findings, and would
turn off the FIP clock for the Illinois
portion of the Chicago Nonattainment
Area. While some of Illinois’ regulations
are worded or organized differently than
the Federal counterparts, EPA proposes
to find that these differences do not
affect the relative stringency of such
provisions.
The following table lists the specific
provisions of Illinois’ NNSR rules that
address the required elements of the
Federal NNSR rules:
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40
40
40
40
40
40
40
CFR
CFR
CFR
CFR
CFR
CFR
CFR
Illinois rule
51.165(a)(1)(iv)(A)(1)(i)–(iv), (2) .................................................
51.165(a)(1)(iv)(A)(3) ..................................................................
51.165(a)(1)(v)(E) .......................................................................
51.165(a)(1)(v)(F) .......................................................................
51.165(a)(1)(x)(A)–(C); (E) .........................................................
51.165(a)(3)(ii) (C)(1)–(2) ...........................................................
51.165(a)(8) ................................................................................
40 CFR 51.165(a)(9)(ii), (iv) .....................................................................
8 For other relevant approvals, see 45 FR 11470
(February 21, 1980); 46 FR 44172 (September 3,
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35 IAC 203.206(b).
35 IAC 203.206(c).
35 IAC 203.207(b).
35 IAC 203.207(f).
35 IAC 203.207(d), (e) and (f), and 203.209(a) and (b).
35 IAC 203.302(a), 203.303(b) and (f), 203.602, and 203.701.
35 IAC 203.206(b), 203.207(b), (d), (e) and (f), 203.209(a) and (b),
203.301(e) and (f), and 203.302.
35 IAC 203.302(a).
1981); 50 FR 38803 (September 25, 1985); 51 FR
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10837 (March 31, 1986); 57 FR 59928 (December
17,1992); and 60 FR 49778 (September 27, 1995).
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A. Major Source Thresholds for Ozone—
40 CFR 51.165(a)(1)(iv)(A)(1)(i)–(iv) and
(2)
The major source thresholds for both
VOC and NOX (i.e., ozone precursors)
are defined in 40 CFR
51.165(a)(1)(iv)(A)(1)(i)–(iv) and (2). The
applicable thresholds vary depending
on the classification of the ozone
nonattainment area. For marginal and
moderate ozone nonattainment areas, a
major stationary source of ozone is a
source that emits, or has the potential to
emit, 100 tons per year or more of VOC
or NOX. Different emissions thresholds
apply for Serious, Severe, and Extreme
ozone nonattainment areas and for areas
located in an OTR.
Illinois has certified that the Federal
requirements for major source
thresholds for VOC and NOX are
addressed by 35 IAC 203.206(b). Under
35 IAC 203.206(b), for an area
designated as nonattainment for ozone,
a major stationary source is a stationary
source which emits or has the potential
to emit VOC 9 or NOX in an amount
equal to or greater than (1) 100 tons per
year in an area classified as marginal or
moderate nonattainment for ozone; (2)
50 tons per year in an area classified as
serious nonattainment for ozone; (3) 25
tons per year in an area classified as
severe nonattainment for ozone; and (4)
10 tons per year in an area classified as
extreme nonattainment for ozone.
Illinois’ thresholds are consistent with
the Federal thresholds; therefore, we
propose to find that Illinois’ NNSR
provisions at 35 IAC 203.206(b) satisfy
the requirements of 40 CFR
51.165(a)(1)(iv)(A)(1)(i)–(iv) and (2).
B. Change Constitutes Major Source by
Itself—40 CFR 51.165(a)(1)(iv)(A)(3)
Under 40 CFR 51.165(a)(1)(iv)(A)(3),
any physical change that would occur at
a stationary source not qualifying as a
major stationary source becomes a major
stationary source, if the change would
constitute a major stationary source by
itself. Illinois has certified that this
requirement is addressed by 35 IAC
203.206(c), which provides that any
physical change that occurs at a
stationary source which does not qualify
as a major stationary source will be
considered a major stationary source, if
the change would constitute a major
stationary source by itself. Illinois’
provisions at 35 IAC 203.206(c) for what
constitutes a major source are consistent
with the Federal provisions at 40 CFR
51.165(a)(1)(iv)(A)(3); therefore, we
propose to find that the Illinois SIP at
35 IAC 203.206(c) satisfies the
9 The Illinois SIP also refers to VOC as volatile
organic material (VOM). See 35 IAC 211.7150.
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requirements of 40 CFR
51.165(a)(1)(iv)(A)(3).
C. Significant Net Emissions Increase of
NOX is Significant for Ozone—40 CFR
51.165(a)(1)(v)(E)
Under 40 CFR 51.165(a)(1)(v)(E), any
significant net emissions increase of
NOX is considered significant for ozone.
Illinois has certified that this
requirement is addressed by 35 IAC
203.207(b), which provides that any net
emissions increase that is significant for
VOC or NOX shall be considered
significant for ozone. Illinois’ provisions
at 35 IAC 203.207(b) are consistent with
the Federal requirements at 40 CFR
51.165(a)(1)(v)(E); therefore, we propose
to find that 35 IAC 203.207(b) satisfies
the requirements of 40 CFR
51.165(a)(1)(v)(E).
D. Any Emissions Change of VOC in an
Extreme Area Triggers NNSR—40 CFR
51.165(a)(1)(v)(F)
Under 40 CFR 51.165(a)(1)(v)(F), any
physical change in, or change in the
method of operation of, a major
stationary source of VOC that results in
any increase in emissions of VOC from
any discrete operation, emissions unit,
or other pollutant emitting activity at
the source shall be considered a
significant net emissions increase and a
major modification for ozone, if the
major stationary source is located in an
extreme ozone nonattainment area that
is subject to CAA title 1, part D subpart
2. Illinois has certified that this
requirement is addressed by 35 IAC
203.207(f). That provision states that in
areas classified as extreme
nonattainment for ozone, beginning on
the date that EPA classifies an area as
an extreme nonattainment area for
ozone, any physical change in or change
in the method of operation of a major
stationary source which results in any
increase in emissions of VOC or NOX
from a discrete operation, unit, or other
pollutant emitting activity shall be
considered a major modification.
Illinois’ provisions at 35 IAC 203.207(f)
are consistent with the Federal
requirements at 40 CFR
51.165(a)(1)(v)(F); therefore, we propose
to find that 35 IAC 203.207(f) satisfies
the requirements of 40 CFR
51.165(a)(1)(v)(F).
E. Significant Emissions Rates for VOC
and NOX as Ozone Precursors—40 CFR
51.165(a)(1)(x)(A)–(C) and (E)
Under 40 CFR 51.165(a)(1)(x)(A), (B)
and (C), the significant emission rate for
ozone is defined as 40 tons per year of
VOC or NOX, except that the significant
emission rate in serious or extreme
nonattainment areas shall be 25 tons per
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year. Under 40 CFR 51.165(a)(1)(x)(E),
any increase in actual emissions of VOC
from any emissions unit at a major
stationary source of VOC located in an
extreme ozone nonattainment area shall
be considered a significant net
emissions increase. Illinois has certified
that it satisfies these requirements
pursuant to 35 IAC 203.207(d), (e) and
(f), and 35 IAC 203.209(a) and (b).
Specifically, 35 IAC 203.207(d) and (e),
and 35 IAC 203.209(a) and (b) establish
the significant emission rate for ozone
as 40 tons per year of VOC or NOX and
25 tons per year in serious or extreme
nonattainment areas. Additionally, 35
IAC 203.207(f) specifies that in areas
classified as extreme nonattainment for
ozone, any physical change in or change
in the method of operation of a major
stationary source which results in any
increase in emissions of VOC or NOX
from a discrete operation, unit, or other
pollutant emitting activity shall be
considered a major modification.
Because the Illinois SIP’s provisions at
35 IAC 203.207(d), (e) and (f), and 35
IAC 203.209(a) and (b) are consistent
with the Federal requirements at 40 CFR
51.165(a)(1)(x)(A)–(C) and (E), we
propose to find that the above Illinois
SIP provisions satisfy the requirements
of 40 CFR 51.165(a)(1)(x)(A)–(C) and (E).
F. Provisions for Emissions Reduction
Credits—40 CFR 51.165(a)(3)(ii)(C)(1)
and (2)
Under 40 CFR 51.165(a)(3)(ii)(C)(1)
and (2), to be considered creditable,
emission reductions achieved by
shutting down an existing emission unit
or curtailing production or operating
hours must be surplus, permanent,
quantifiable, and federally enforceable.
Shutdowns or curtailments must have
occurred after the last day of the base
year for the SIP planning process.
Reviewing authorities may choose to
consider a prior shutdown or
curtailment to have occurred after the
last day of the base year if the projected
emissions inventory used to develop the
attainment demonstration explicitly
includes emissions from the previously
shut down or curtailed emissions units,
but in no event may credit be granted
for shutdowns that occurred prior to
August 7, 1977. Shutdown or
curtailment reductions occurring before
the last day of the base year for the SIP
planning process may also be generally
credited if the shutdown or curtailment
occurred on or after the date the
construction permit application is filed
or if the applicant can establish that the
proposed new emissions unit is a
replacement for the shutdown or
curtailed emission unit and the
emission reductions that result are
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surplus, permanent, quantifiable, and
federally enforceable.
Illinois certifies that these
requirements are satisfied by 35 IAC
203.302(a), 35 IAC 203.303(b) and (f), 35
IAC 203.602 and 35 IAC 203.701. In
particular, 35 IAC 203.302(a) establishes
a general obligation that ‘‘the owner or
operator of a new major source or major
modification shall provide emission
offsets equal to or greater than the
allowable emissions from the source or
the net increase in emissions from the
modification sufficient to allow [IEPA]
to determine that the source or
modification will not interfere with
reasonable further progress [RFP] . . . ’’
With respect to 40 CFR
51.165(a)(3)(ii)(C)(1)(i), the Illinois SIP
at 35 IAC 203.303(b) and 35 IAC
203.701 requires that all emission
offsets must: (1) Be of the same
pollutant and of a type with
approximately the same qualitative
significance for public health and
welfare as that attributed to the increase
from a particular change; (2) be federally
enforceable by permit; (3) not have been
previously relied on in issuing any
permit pursuant to the Illinois SIP for
demonstrating attainment or RFP; and
(4) be maintained permanently. Further,
35 IAC 203.303(b)(3) restricts the use of
emission reductions from past
shutdowns or curtailments, and requires
the proposed new or modified source to
be a replacement for the shutdown or
curtailment. Additionally, under 35 IAC
203.602, no person shall cause or allow
the operation of a new major stationary
source or major modification where the
owner or operator has demonstrated that
it would not interfere with RFP by
providing emission offsets pursuant to
35 IAC 203.302 without maintaining
those emission offsets or other
equivalent offsets.10
With respect to 40 CFR
51.165(a)(3)(ii)(C)(2), we note that
Illinois’ language in 35 IAC
203.303(b)(3) does not explicitly require
that shutdowns or curtailments occur on
or after the date a permit application
was filed, as specified in 40 CFR
51.165(a)(3)(ii)(C)(2). However, Illinois
satisfies the Federal requirements by
limiting in 35 IAC 203.303(b)(3) the
circumstances under which prior
shutdowns or curtailments can be
credited as offsets. For example, given
an applicant for a NNSR permit must
10 Illinois
has explained that the phrase ‘‘other
equivalent offsets’’ as used in 35 IAC 203.602,
coupled with the language in 35 IAC 203.701,
establishes that emission offsets must be
permanent, and that if emission reductions relied
upon by a source cease to be viable as offsets for
some reason, the source would need to obtain
equivalent offsets.
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provide emission offsets under 35 IAC
203.302, the meaning of the phrase
‘‘past shutdown’’ as used in 35 IAC
203.303(b)(3) is consistent with the
wording of 40 CFR
51.165(a)(3)(ii)(C)(2)(i) as it establishes
additional requirements for offsets that
occurred prior to the filing of the
application. Because 35 IAC 203.302(a),
35 IAC 203.303(b) and (f), 35 IAC
203.602 and 35 IAC 203.701 address all
of the elements required by 40 CFR
51.165(a)(3)(ii)(C)(1) and (2), we propose
to find that the Illinois SIP satisfies the
requirements of 40 CFR
51.165(a)(3)(ii)(C)(1) and (2).
G. Requirements for VOC Apply to NOX
as Ozone Precursors—40 CFR
51.165(a)(8)
Under 40 CFR 51.165(a)(8), all
requirements applicable to major
stationary sources and major
modifications of VOC shall apply to
NOX except where the Administrator
has granted a NOX waiver applying the
standards set forth under CAA section
182(f) and the waiver continues to
apply. Illinois certifies that these
Federal requirements are satisfied by 35
IAC 203.206(b) (major stationary
source); 35 IAC 203.207(b), (d), (e) and
(f) (major modification of a source); 35
IAC 203.209(a) and (b) (significant
emissions determination); 35 IAC
203.301(e) and (f) (LAER); and 35 IAC
203.302 (maintenance of RFP and
emission offsets). As already discussed,
we have reviewed 35 IAC 203.206(b); 35
IAC 203.207(b), (d), (e) and (f); 35 IAC
203.209(a) and (b); and 35 IAC 203.302
and find that these provisions contain
language that is consistent with the
corresponding Federal NNSR
requirements with respect to the
treatment of VOC and NOX in ozone
nonattainment areas. The Federal
requirements for LAER are also
addressed by 35 IAC 203.301(e) and (f),
which establish specific LAER and
BACT requirements for existing sources
located in serious or severe ozone
nonattainment areas. Because 35 IAC
203.206(b), 35 IAC 203.207(b), (d), (e)
and (f), 35 IAC 203.209(a) and (b), 35
IAC 203.301(e) and (f), and 35 IAC
203.302 contain language that is
consistent with the Federal
requirements, we propose to find that
the Illinois SIP satisfies the
requirements of 40 CFR 51.165(a)(8).
H. Offset Ratios for VOC and NOX for
Ozone Nonattainment Areas—40 CFR
51.165(a)(9)(ii), (iv)
Under 40 CFR 51.165(a)(9)(ii)(A)–(E),
the VOC offset ratios shall be 1.1:1 in
marginal ozone nonattainment areas,
1.15:1 in moderate ozone nonattainment
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50555
areas, 1.2:1 in serious ozone
nonattainment areas, 1.3:1 in severe
ozone nonattainment areas, and 1.3:1 in
severe ozone nonattainment areas.
Illinois certifies that these requirements
are satisfied by 35 IAC 203.302(a).
Specifically, 35 IAC 203.302(a)(1)
requires offset ratios for both VOC and
NOX that are consistent with 40 CFR
51.165(a)(9)(ii)(A)–(E). Therefore, we
propose to find that the Illinois SIP at
35 IAC 203.302(a) satisfies the
requirements of 40 CFR
51.165(a)(9)(ii)(A)–(E).
For ozone nonattainment areas subject
to CAA title 1, part D, subpart 1 but not
subpart 2, 40 CFR 51.165(a)(9)(iv)
requires an offset ratio of at least 1:1.
Because all of the current ozone
nonattainment areas in Illinois were
designated under CAA title 1, part D,
subpart 2, 40 CFR 51.165(a)(9)(iv) does
not apply to Illinois at this time.
I. OTR Requirements
Illinois’ approved SIP does not
contain the OTR provisions set forth in
40 CFR 51.165(a)(1)(iv)(A)(1)(ii), 40 CFR
51.165(a)(1)(iv)(A)(2)(ii), 40 CFR
51.165(a)(1)(v)(E), 40 CFR
51.165(a)(1)(x)(C), 40 CFR 51.165(a)(8),
and 40 CFR 51.165(a)(9)(iii) because
Illinois is not located in an OTR. Illinois
is not required to include these
requirements in its SIP until such time
as EPA publishes rules that establish
Illinois as a part of the OTR.
J. Anti-backsliding Provisions for the
Revoked 1997 NAAQS—40 CFR
51.165(a)(12)
‘‘Anti-backsliding’’ provisions are
designed to ensure that for existing
ozone nonattainment areas that are
designated nonattainment for a revised
and more stringent ozone NAAQS, (1)
there is protection against degradation
of air quality (i.e., the areas do not
‘‘backslide’’), (2) the areas continue to
make progress toward attainment of the
new, more stringent NAAQS, and (3)
there is consistency with the ozone
NAAQS implementation framework
outlined in CAA title 1, part D, subpart
2. See 78 FR 34211. As part of the SIP
Requirements Rule, EPA revoked the
1997 NAAQS for all purposes and
established anti-backsliding
requirements for areas that remained
designated nonattainment for the
revoked NAAQS. See 80 FR 12265 and
40 CFR 51.165(a)(12). Under 40 CFR
51.165(a)(12), the anti-backsliding
requirements at 40 CFR 51.1105 apply
in any area designated nonattainment
for the 2008 ozone NAAQS and
designated nonattainment for the 1997
ozone NAAQS on April 6, 2015. Illinois
has certified that there were no areas
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designated as nonattainment for the
1997 8-hour ozone NAAQS on April 6,
2015.
Attainment status designations for
Illinois are found at 40 CFR 81.314.
With respect to the 1997 8-hour ozone
NAAQS, all areas in Illinois attained the
1997 8-hour ozone NAAQS prior to
April 6, 2015. See 77 FR 25363 (April
30, 2012) and 77 FR 48062 (August 13,
2012). Since all areas in Illinois were
designated as attainment or
unclassifiable/attainment on April 6,
2015 for the 1997 8-hour ozone NAAQS,
the anti-backsliding requirements of 40
CFR 51.165(a)(12) do not apply for the
2008 8-hour ozone NAAQS.
Accordingly, Illinois’ approved SIP does
not contain the anti-backsliding
provisions set forth in 40 CFR
51.165(a)(12).
IV. Proposed Action
EPA is proposing to approve Illinois’
May 23, 2018 SIP revision addressing
the NNSR requirements for the 2008
ozone NAAQS for the Chicago
Nonattainment Area. EPA has
concluded that Illinois’ submission
fulfills the 40 CFR 51.1114 revision
requirement, meets the requirements of
CAA sections 110 and 172 and the
minimum SIP requirements of 40 CFR
51.165, as well as its obligations under
EPA’s February 3 and December 11,
2017 findings.
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V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
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• 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).
The proposed rule approving Illinois’
2008 8-hour ozone NAAQS NNSR SIP
revision is not approved to apply on any
Indian reservation land or in any other
area where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 25, 2018.
James Payne,
Acting Regional Administrator, Region 5.
[FR Doc. 2018–21877 Filed 10–5–18; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R05–OAR–2018–0368; EPA–R05–
OAR–2018–0556; FRL–9985–10–Region 5]
Air Quality Designation; Illinois;
Indiana; Revised Designation of Illinois
and Indiana 2012 PM2.5 Unclassifiable
Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
Illinois’ May 8, 2018 request to revise
the designation for the entire state of
Illinois from unclassifiable to
unclassifiable/attainment and Indiana’s
July 3, 2018 request to revise the
designation for the Indiana portions of
the Chicago IL-IN and Louisville KY-IN
(herein referred to as Chicago and
Louisville) areas from unclassifiable to
unclassifiable/attainment for the 2012
primary and secondary annual fine
particulate matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS). EPA is proposing to approve
these requests because valid, qualityassured, and certified ambient air
monitoring data show that the PM2.5
monitors in the areas are meeting the
2012 primary and secondary annual
PM2.5 NAAQS. This includes data from
monitors in Illinois where data
substitution rules have been applied
consistent with applicable regulations.
DATES: Comments must be received on
or before November 8, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2018–0368 (Illinois) or EPA–R05–
OAR–2018–0556 (Indiana) at https://
www.regulations.gov, or via email to
aburano.douglass@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
SUMMARY:
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[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Proposed Rules]
[Pages 50551-50556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21877]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0383; FRL-9985-09-Region 5]
Air Plan Approval; Illinois; Nonattainment New Source Review
Requirements for the 2008 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve, as a State Implementation Plan (SIP) revision, Illinois'
certification that its SIP satisfies the nonattainment new source
review (NNSR) requirements of the Clean Air Act (CAA) for the 2008
ozone National Ambient Air Quality Standard (NAAQS or Standard). Final
approval of the Illinois NNSR certification SIP will permanently stop
the Federal Implementation Plan (FIP) clocks triggered by EPA's
February 3 and December 11, 2017 findings that Illinois failed to
submit an NNSR plan for the Illinois portion of the Chicago-Naperville,
Illinois-Indiana-Wisconsin area (Chicago Nonattainment Area).
DATES: Written comments must be received on or before November 8, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0383 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: David Ogulei, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-0987, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
II. Summary of the State's Submittal
III. What is EPA's analysis?
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
A. 2008 8-Hour Ozone NAAQS
On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Upon
promulgation of a new or revised NAAQS, the CAA requires EPA to
designate as nonattainment any area that is violating the NAAQS based
on the three most recent years of ambient air quality data available at
the conclusion of the designation process. For ozone NAAQS, EPA must
also classify any nonattainment areas at the time of designation based
on the severity of their ozone levels (as determined based on the
area's ``design value'' \1\). See CAA sections 107(d)(1) and 181(a)(1)
and 77 FR 34225. The possible classifications are ``Marginal,''
``Moderate,'' ``Serious,'' ``Severe,'' and ``Extreme.'' Nonattainment
areas with a lower classification (such as marginal areas) have ozone
levels that are closer to meeting the standard than areas with a higher
classification (such as Extreme areas). See CAA section 181(a)(1).
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\1\ Under 40 CFR 50.15, the ``design value'' for the 2008 8-hour
ozone NAAQS is the 3-year average of the annual fourth-highest daily
maximum 8-hour average ambient air quality ozone concentrations.
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On March 6, 2015, EPA issued a final rule titled ``Implementation
of the 2008 National Ambient Air Quality Standards for Ozone: State
Implementation Plan Requirements'' (SIP Requirements Rule), which
detailed the requirements that state, tribal, and local air quality
management agencies must meet as they develop implementation plans for
areas where air quality exceeds the 2008 8-hour ozone NAAQS. See 80 FR
12264 (March 6, 2015).\2\ Areas that were designated as marginal ozone
nonattainment areas were required to attain the 2008 8-hour ozone NAAQS
no later than 36 months after the effective date of area designations
for the 2008 8-hour ozone NAAQS (i.e., July 20, 2015), based on 2012-
2014 monitoring data. See 40 CFR 51.1103.
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\2\ The SIP Requirements Rule addresses a range of nonattainment
area SIP requirements for the 2008 8-hour ozone NAAQS, including
requirements pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control technology,
reasonably available control measures, major new source review,
emission inventories, and the timing of SIP submissions and of
compliance with emission control measures in the SIP. The rule also
revokes the 1997 ozone NAAQS and establishes anti-backsliding
requirements.
---------------------------------------------------------------------------
Areas designated nonattainment for the ozone NAAQS are subject to
the general nonattainment area planning requirements of CAA section 172
and also to the ozone-specific planning requirements of CAA section
182. States in the Ozone Transport Region (OTR) \3\ are additionally
subject to the requirements outlined in CAA section 184. Ozone
nonattainment areas in the lower classification levels have fewer and/
or less stringent mandatory air quality planning and control
requirements than those in higher classifications. For a marginal area,
a state is required to submit a baseline emissions inventory, adopt a
SIP requiring emissions statements from stationary sources, and
implement a NNSR program for the relevant ozone standard. See CAA
section 182(a). For each higher ozone nonattainment
[[Page 50552]]
classification, a state must comply with all lower area classification
requirements, plus additional emissions controls and more expansive
NNSR offset requirements. For example, the state must comply with all
marginal area classification requirements plus it must submit SIP
revisions to: (1) Provide for reductions of emissions of volatile
organic compounds (VOC) and nitrogen oxides (NOX) of at
least 15 percent from baseline emissions over 6 years; (2) require the
implementation of reasonably available control technology (RACT); (3)
provide for a vehicle emissions inspection and maintenance (I/M)
program; (4) include contingency measures for failure to attain; and
(5) include stage II gasoline vapor recovery requirements. See 42
U.S.C. 7511a(b) and 7502.
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\3\ The OTR is comprised of the following states: Connecticut,
Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey,
New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated
Metropolitan Statistical Area that includes the District of
Columbia. 42 U.S.C. 7511c(a). States in the OTR are required to
submit SIP revisions addressing reasonably available control
technology (RACT) requirements for the pollutants that form ozone,
even if the areas in the state meet the ozone standards.
---------------------------------------------------------------------------
EPA classified the Chicago-Naperville, Illinois-Indiana-Wisconsin
area (Chicago Nonattainment Area) as a marginal nonattainment area for
the 2008 8-hour ozone NAAQS on June 11, 2012 (effective July 20, 2012)
using certified ambient air quality monitoring data from calendar years
2009-2011. See 77 FR 34221. The Chicago area includes Cook, DuPage,
Kane, Lake, McHenry, and Will Counties and parts of Grundy and Kendall
Counties in Illinois; Lake and Porter Counties in Indiana; and part of
Kenosha County in Wisconsin.
On May 4, 2016, pursuant to section 181(b)(2) of the CAA, EPA
determined that the Chicago area failed to attain the 2008 8-hour ozone
NAAQS by the July 20, 2015, marginal area attainment deadline and did
not meet the CAA section 181(a)(5) criteria, as interpreted in 40 CFR
51.1107, for a 1-year attainment date extension. See 81 FR 26697 (May
4, 2016). Thus, EPA reclassified this area by operation of law as
moderate for the 2008 ozone NAAQS. Id.\4\ In that action, EPA
established January 1, 2017, as the due date for the state to submit
all moderate area nonattainment plan SIP requirements applicable to
newly reclassified areas.
---------------------------------------------------------------------------
\4\ The Metro-East area also did not attain the 2008 8-hour
ozone NAAQS by July 20, 2015; however, EPA found this area to be
eligible for a 1-year attainment date extension, for a new
attainment date of July 20, 2016. See 81 FR 26697 (May 4, 2016).
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As explained in the SIP Requirements Rule, Illinois was required to
develop a SIP revision addressing NNSR requirements for its marginal
ozone nonattainment areas by July 20, 2015. See 80 FR 12266 (March 6,
2015). Additionally, because the Chicago area was reclassified to
moderate nonattainment, Illinois was required to submit a moderate area
NNSR SIP by January 1, 2017. See 81 FR 26697 (May 4, 2016).\5\ NNSR is
a preconstruction review permit program that applies to new major
stationary sources or major modifications at existing sources located
in a nonattainment area. See CAA sections 172(c)(5), 173 and 182. The
specific NNSR requirements for the 2008 8-hour ozone NAAQS are located
in 40 CFR 51.160-165.
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\5\ Illinois' obligation to submit the NNSR SIP was not affected
by the D.C. Circuit Court's February 16, 2018 decision on portions
of the SIP Requirements Rule in South Coast Air Quality Mgmt. Dist.
v. EPA, No. 15-1115, 2018 U.S. App. LEXIS 3636 (DC Cir. Feb. 16,
2018).
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B. 2017 Findings of Failure To Submit SIPs for the 2008 8-Hour Ozone
NAAQS
On February 3, 2017, EPA found that 15 states and the District of
Columbia failed to submit SIP revisions to satisfy certain
nonattainment plan requirements for the 2008 ozone NAAQS. See 82 FR
9158. EPA found, inter alia, that Illinois failed to timely submit a
SIP revision to satisfy NNSR requirements for the Chicago and Metro-
East \6\ ozone nonattainment areas. In addition, on December 11, 2017,
EPA found, inter alia, that Illinois failed to timely submit a revision
to its SIP to satisfy moderate NNSR requirements for the Chicago area.
See 82 FR 58118.
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\6\ The Metro-East area includes the Illinois portion of the St.
Louis-St. Charles-Farmington, Missouri-Illinois ozone nonattainment
area, which includes Madison, Monroe and St. Clair Counties in
Illinois, and Franklin, Jefferson, St. Charles, and St. Louis
Counties and the City of St. Louis in Missouri.
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These findings established certain deadlines for the imposition of
sanctions if a state does not submit a timely SIP revision addressing
the requirements for which EPA made the findings and the requirement
for EPA to promulgate a FIP to address any outstanding SIP
requirements. Specifically, Illinois was required to submit a complete
SIP addressing the deficiencies that were the basis for each finding
within 18 months of the effective dates of the findings (i.e.,
September 6, 2018 and July 10, 2019, respectively) so as to avoid
triggering, pursuant to CAA section 179(a) and (b) and 40 CFR 52.31,
the offset sanction identified in CAA section 179(b)(2) in the affected
nonattainment area. Additionally, these rules triggered the requirement
for EPA to promulgate a FIP for the affected nonattainment area if EPA
does not take final action to approve the state's submittal within 2
years of the effective date of the findings (i.e., March 6, 2019, and
January 10, 2020, respectively).
On March 1, 2018, EPA redesignated the Metro-East area to
attainment for the 2008 8-hour ozone NAAQS because EPA found this area
to have met the statutory requirements for redesignation to attainment
under the CAA. See 83 FR 8756 (March 1, 2018). In that action, EPA also
approved, as a revision to the Illinois SIP, Illinois' plan for
maintaining the 2008 ozone NAAQS through calendar year 2030 in the
Metro-East area. NNSR SIP revisions are no longer required if an area
is redesignated to attainment; the CAA's Prevention of Significant
Deterioration (PSD) program requirements apply in lieu of NNSR. See 82
FR 9160. Therefore, the finding of failure to submit no longer applies
to areas that have been redesignated to attainment. Because the Metro-
East area is now designated attainment, a NNSR SIP is not required for
this area.
On May 23, 2018, the Illinois Environmental Protection Agency
(IEPA) submitted a SIP revision addressing the NNSR requirements of the
CAA for areas designated as nonattainment for the 2008 ozone NAAQS. On
July 12, 2018, EPA found that Illinois' NNSR SIP submission fulfilled
the completeness criteria in 40 CFR part 51, appendix V.\7\ Through the
completeness finding, EPA determined that the deficiencies which formed
the basis for the February 3, 2017 and December 11, 2017 findings had
been corrected and, as a result, the sanctions clock was permanently
stopped. Final approval of Illinois' May 23, 2018 NNSR SIP revision
would permanently stop the FIP clocks triggered by the February 3, 2017
and December 11, 2017 findings.
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\7\ Letter from Edward Nam, Director, Air & Radiation Division,
EPA Region 5 to Julie Armitage, Chief, Bureau of Air, IEPA.
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II. Summary of the State's Submittal
On May 23, 2018, IEPA submitted a SIP revision requesting EPA's
approval of Illinois' certification that its existing SIP-approved NNSR
regulations fully satisfy the NNSR requirements set forth in 40 CFR
51.165 for both marginal and moderate ozone nonattainment areas for the
2008 ozone NAAQS. IEPA indicates that its NNSR SIP submission is
intended to respond to the February 3 and December 11, 2017 findings
for the Chicago and Metro-East areas. Specifically, Illinois is
certifying that its existing NNSR program covering its ozone
nonattainment areas for the 2008 8-hour ozone NAAQS, including the
Chicago Nonattainment Area, contains the NNSR elements required by 40
CFR 51.165, as amended by the SIP Requirements Rule, for ozone and its
precursors.
Illinois' submittal includes a document titled, ``Illinois'
Compliance
[[Page 50553]]
With Nonattainment New Source Review Requirements For The 2008 Ozone
Standard'' (NNSR checklist), which contains Illinois' detailed
assessment of how its SIP-approved NNSR regulations address each of the
NNSR requirements for the 2008 ozone NAAQS as codified at 40 CFR
51.165. Illinois certifies that it already complies with CAA sections
172(c)(5) and 182(a)(2)(C), which require states that have been
designated nonattainment for an ozone NAAQS to submit plans or plan
revisions containing certain required elements, including permit
programs for the construction and operation of new or modified
stationary sources in the nonattainment area. Specifically, Illinois
has certified that its existing State regulations in Title 35 of
Illinois Administrative Code Part 203 (35 IAC Part 203) fully satisfy
the NNSR requirements set forth in 40 CFR 51.165 for both marginal and
moderate ozone nonattainment areas because they contain all NNSR SIP
elements required by 40 CFR 51.165 for its ozone nonattainment areas.
EPA proposes to find that Illinois' submittal addresses the State's
obligations as described in the February 3 and December 11, 2017
findings.
III. What is EPA's analysis?
The minimum SIP requirements for NNSR permitting programs for the
2008 8-hour ozone NAAQS are located in 40 CFR 51.165. See 40 CFR
51.1114. These NNSR program requirements include those promulgated in
the ``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS (75 FR
71018, November 29, 2005) and the SIP Requirements Rule implementing
the 2008 8-hour ozone NAAQS. Under the Phase 2 Rule, the SIP for each
ozone nonattainment area must contain NNSR provisions that: Set major
source thresholds for NOX and VOC pursuant to 40 CFR
51.165(a)(1)(iv)(A)(1)(i)-(iv) and (2); classify physical changes as a
major source if the change would constitute a major source by itself
pursuant to 40 CFR 51.165(a)(1)(iv)(A)(3); consider any significant net
emissions increase of NOX as a significant net emissions
increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); consider
certain increases of VOC emissions in extreme ozone nonattainment areas
as a significant net emissions increase and a major modification for
ozone pursuant to 40 CFR 51.165(a)(1)(v)(F); set significant emissions
rates for VOC and NOx as ozone precursors pursuant to 40 CFR
51.165(a)(1)(x)(A)-(C) and (E); contain provisions for emissions
reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2);
provide that the requirements applicable to VOC also apply to
NOX pursuant to 40 CFR 51.165(a)(8); and set offset ratios
for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(i)-(iii)
(renumbered as (a)(9)(ii)-(iv) under the SIP Requirements Rule for the
2008 8-hour ozone NAAQS). Under the SIP Requirements Rule for the 2008
8-hour ozone NAAQS, the SIP for each ozone nonattainment area
designated nonattainment for the 2008 8-hour ozone NAAQS and designated
nonattainment for the 1997 ozone NAAQS on April 6, 2015, must also
contain NNSR provisions that include the anti-backsliding requirements
at 40 CFR 51.1105. See 40 CFR 51.165(a)(12).
Illinois' NNSR rules, as set forth in 35 IAC Part 203, Major
Stationary Sources Construction And Modification, are designed to
ensure that the construction of a major new source of air pollution or
a large increase of emissions at an existing source does not interfere
with the attainment demonstration and does not delay timely achievement
of the ambient air quality standards. The rules require owners or
operators of major projects to: (1) Apply the Lowest Achievable
Emission Rate (LAER) or, for certain existing sources, the Best
Available Control Technology (BACT) on emissions of the nonattainment
pollutant from the major project; (2) offset the emissions of the
nonattainment pollutant from a major project by emission reductions
from other sources in the nonattainment area; (3) demonstrate that
other sources in the State which are under common ownership or control
with the person proposing the project are in compliance with the CAA;
and (4) analyze alternatives to the particular project to determine
whether the benefits of the project outweigh the environmental and
social costs.
EPA last approved revisions to Illinois' NNSR SIP on May 13, 2003.
See 68 FR 25504 (May 13, 2003).\8\ In that action, EPA approved
amendments to 35 IAC 203 to better track the language of CAA sections
182(c)(6), (7), and (8). See 68 FR 25505. The changes dealt with how
one determines whether a proposed change at a source is a major
modification.
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\8\ For other relevant approvals, see 45 FR 11470 (February 21,
1980); 46 FR 44172 (September 3, 1981); 50 FR 38803 (September 25,
1985); 51 FR 10837 (March 31, 1986); 57 FR 59928 (December 17,1992);
and 60 FR 49778 (September 27, 1995).
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Based on our review of the NNSR checklist that Illinois
incorporated into the SIP submittal, and the version of 35 IAC 203
approved into the Illinois SIP, we propose to find that Illinois' SIP-
approved NNSR program at 35 IAC 203 contains the minimum required NNSR
elements as specified in 40 CFR 51.165 for Illinois' ozone
nonattainment areas. We are proposing to approve Illinois'
certification that 35 IAC 203 is consistent with 40 CFR 51.165 and
meets the requirements of CAA sections 172(c)(5), 173, 110(a)(2),
182(a)(4) and 182(b)(5) under the 2008 ozone standard for the Illinois
portion of the Chicago Ozone Nonattainment Area. Final approval of
Illinois' NNSR certification would address the deficiencies that were
the basis for the February 3 and December 11, 2017 findings, and would
turn off the FIP clock for the Illinois portion of the Chicago
Nonattainment Area. While some of Illinois' regulations are worded or
organized differently than the Federal counterparts, EPA proposes to
find that these differences do not affect the relative stringency of
such provisions.
The following table lists the specific provisions of Illinois' NNSR
rules that address the required elements of the Federal NNSR rules:
------------------------------------------------------------------------
Federal rule Illinois rule
------------------------------------------------------------------------
40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv), 35 IAC 203.206(b).
(2).
40 CFR 51.165(a)(1)(iv)(A)(3).......... 35 IAC 203.206(c).
40 CFR 51.165(a)(1)(v)(E).............. 35 IAC 203.207(b).
40 CFR 51.165(a)(1)(v)(F).............. 35 IAC 203.207(f).
40 CFR 51.165(a)(1)(x)(A)-(C); (E)..... 35 IAC 203.207(d), (e) and (f),
and 203.209(a) and (b).
40 CFR 51.165(a)(3)(ii) (C)(1)-(2)..... 35 IAC 203.302(a), 203.303(b)
and (f), 203.602, and 203.701.
40 CFR 51.165(a)(8).................... 35 IAC 203.206(b), 203.207(b),
(d), (e) and (f), 203.209(a)
and (b), 203.301(e) and (f),
and 203.302.
40 CFR 51.165(a)(9)(ii), (iv).......... 35 IAC 203.302(a).
------------------------------------------------------------------------
[[Page 50554]]
A. Major Source Thresholds for Ozone--40 CFR 51.165(a)(1)(iv)(A)(1)(i)-
(iv) and (2)
The major source thresholds for both VOC and NOX (i.e.,
ozone precursors) are defined in 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv)
and (2). The applicable thresholds vary depending on the classification
of the ozone nonattainment area. For marginal and moderate ozone
nonattainment areas, a major stationary source of ozone is a source
that emits, or has the potential to emit, 100 tons per year or more of
VOC or NOX. Different emissions thresholds apply for
Serious, Severe, and Extreme ozone nonattainment areas and for areas
located in an OTR.
Illinois has certified that the Federal requirements for major
source thresholds for VOC and NOX are addressed by 35 IAC
203.206(b). Under 35 IAC 203.206(b), for an area designated as
nonattainment for ozone, a major stationary source is a stationary
source which emits or has the potential to emit VOC \9\ or
NOX in an amount equal to or greater than (1) 100 tons per
year in an area classified as marginal or moderate nonattainment for
ozone; (2) 50 tons per year in an area classified as serious
nonattainment for ozone; (3) 25 tons per year in an area classified as
severe nonattainment for ozone; and (4) 10 tons per year in an area
classified as extreme nonattainment for ozone. Illinois' thresholds are
consistent with the Federal thresholds; therefore, we propose to find
that Illinois' NNSR provisions at 35 IAC 203.206(b) satisfy the
requirements of 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and (2).
---------------------------------------------------------------------------
\9\ The Illinois SIP also refers to VOC as volatile organic
material (VOM). See 35 IAC 211.7150.
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B. Change Constitutes Major Source by Itself--40 CFR
51.165(a)(1)(iv)(A)(3)
Under 40 CFR 51.165(a)(1)(iv)(A)(3), any physical change that would
occur at a stationary source not qualifying as a major stationary
source becomes a major stationary source, if the change would
constitute a major stationary source by itself. Illinois has certified
that this requirement is addressed by 35 IAC 203.206(c), which provides
that any physical change that occurs at a stationary source which does
not qualify as a major stationary source will be considered a major
stationary source, if the change would constitute a major stationary
source by itself. Illinois' provisions at 35 IAC 203.206(c) for what
constitutes a major source are consistent with the Federal provisions
at 40 CFR 51.165(a)(1)(iv)(A)(3); therefore, we propose to find that
the Illinois SIP at 35 IAC 203.206(c) satisfies the requirements of 40
CFR 51.165(a)(1)(iv)(A)(3).
C. Significant Net Emissions Increase of NOX is Significant
for Ozone--40 CFR 51.165(a)(1)(v)(E)
Under 40 CFR 51.165(a)(1)(v)(E), any significant net emissions
increase of NOX is considered significant for ozone.
Illinois has certified that this requirement is addressed by 35 IAC
203.207(b), which provides that any net emissions increase that is
significant for VOC or NOX shall be considered significant
for ozone. Illinois' provisions at 35 IAC 203.207(b) are consistent
with the Federal requirements at 40 CFR 51.165(a)(1)(v)(E); therefore,
we propose to find that 35 IAC 203.207(b) satisfies the requirements of
40 CFR 51.165(a)(1)(v)(E).
D. Any Emissions Change of VOC in an Extreme Area Triggers NNSR--40 CFR
51.165(a)(1)(v)(F)
Under 40 CFR 51.165(a)(1)(v)(F), any physical change in, or change
in the method of operation of, a major stationary source of VOC that
results in any increase in emissions of VOC from any discrete
operation, emissions unit, or other pollutant emitting activity at the
source shall be considered a significant net emissions increase and a
major modification for ozone, if the major stationary source is located
in an extreme ozone nonattainment area that is subject to CAA title 1,
part D subpart 2. Illinois has certified that this requirement is
addressed by 35 IAC 203.207(f). That provision states that in areas
classified as extreme nonattainment for ozone, beginning on the date
that EPA classifies an area as an extreme nonattainment area for ozone,
any physical change in or change in the method of operation of a major
stationary source which results in any increase in emissions of VOC or
NOX from a discrete operation, unit, or other pollutant
emitting activity shall be considered a major modification. Illinois'
provisions at 35 IAC 203.207(f) are consistent with the Federal
requirements at 40 CFR 51.165(a)(1)(v)(F); therefore, we propose to
find that 35 IAC 203.207(f) satisfies the requirements of 40 CFR
51.165(a)(1)(v)(F).
E. Significant Emissions Rates for VOC and NOX as Ozone
Precursors--40 CFR 51.165(a)(1)(x)(A)-(C) and (E)
Under 40 CFR 51.165(a)(1)(x)(A), (B) and (C), the significant
emission rate for ozone is defined as 40 tons per year of VOC or
NOX, except that the significant emission rate in serious or
extreme nonattainment areas shall be 25 tons per year. Under 40 CFR
51.165(a)(1)(x)(E), any increase in actual emissions of VOC from any
emissions unit at a major stationary source of VOC located in an
extreme ozone nonattainment area shall be considered a significant net
emissions increase. Illinois has certified that it satisfies these
requirements pursuant to 35 IAC 203.207(d), (e) and (f), and 35 IAC
203.209(a) and (b). Specifically, 35 IAC 203.207(d) and (e), and 35 IAC
203.209(a) and (b) establish the significant emission rate for ozone as
40 tons per year of VOC or NOX and 25 tons per year in
serious or extreme nonattainment areas. Additionally, 35 IAC 203.207(f)
specifies that in areas classified as extreme nonattainment for ozone,
any physical change in or change in the method of operation of a major
stationary source which results in any increase in emissions of VOC or
NOX from a discrete operation, unit, or other pollutant
emitting activity shall be considered a major modification. Because the
Illinois SIP's provisions at 35 IAC 203.207(d), (e) and (f), and 35 IAC
203.209(a) and (b) are consistent with the Federal requirements at 40
CFR 51.165(a)(1)(x)(A)-(C) and (E), we propose to find that the above
Illinois SIP provisions satisfy the requirements of 40 CFR
51.165(a)(1)(x)(A)-(C) and (E).
F. Provisions for Emissions Reduction Credits--40 CFR
51.165(a)(3)(ii)(C)(1) and (2)
Under 40 CFR 51.165(a)(3)(ii)(C)(1) and (2), to be considered
creditable, emission reductions achieved by shutting down an existing
emission unit or curtailing production or operating hours must be
surplus, permanent, quantifiable, and federally enforceable. Shutdowns
or curtailments must have occurred after the last day of the base year
for the SIP planning process. Reviewing authorities may choose to
consider a prior shutdown or curtailment to have occurred after the
last day of the base year if the projected emissions inventory used to
develop the attainment demonstration explicitly includes emissions from
the previously shut down or curtailed emissions units, but in no event
may credit be granted for shutdowns that occurred prior to August 7,
1977. Shutdown or curtailment reductions occurring before the last day
of the base year for the SIP planning process may also be generally
credited if the shutdown or curtailment occurred on or after the date
the construction permit application is filed or if the applicant can
establish that the proposed new emissions unit is a replacement for the
shutdown or curtailed emission unit and the emission reductions that
result are
[[Page 50555]]
surplus, permanent, quantifiable, and federally enforceable.
Illinois certifies that these requirements are satisfied by 35 IAC
203.302(a), 35 IAC 203.303(b) and (f), 35 IAC 203.602 and 35 IAC
203.701. In particular, 35 IAC 203.302(a) establishes a general
obligation that ``the owner or operator of a new major source or major
modification shall provide emission offsets equal to or greater than
the allowable emissions from the source or the net increase in
emissions from the modification sufficient to allow [IEPA] to determine
that the source or modification will not interfere with reasonable
further progress [RFP] . . . '' With respect to 40 CFR
51.165(a)(3)(ii)(C)(1)(i), the Illinois SIP at 35 IAC 203.303(b) and 35
IAC 203.701 requires that all emission offsets must: (1) Be of the same
pollutant and of a type with approximately the same qualitative
significance for public health and welfare as that attributed to the
increase from a particular change; (2) be federally enforceable by
permit; (3) not have been previously relied on in issuing any permit
pursuant to the Illinois SIP for demonstrating attainment or RFP; and
(4) be maintained permanently. Further, 35 IAC 203.303(b)(3) restricts
the use of emission reductions from past shutdowns or curtailments, and
requires the proposed new or modified source to be a replacement for
the shutdown or curtailment. Additionally, under 35 IAC 203.602, no
person shall cause or allow the operation of a new major stationary
source or major modification where the owner or operator has
demonstrated that it would not interfere with RFP by providing emission
offsets pursuant to 35 IAC 203.302 without maintaining those emission
offsets or other equivalent offsets.\10\
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\10\ Illinois has explained that the phrase ``other equivalent
offsets'' as used in 35 IAC 203.602, coupled with the language in 35
IAC 203.701, establishes that emission offsets must be permanent,
and that if emission reductions relied upon by a source cease to be
viable as offsets for some reason, the source would need to obtain
equivalent offsets.
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With respect to 40 CFR 51.165(a)(3)(ii)(C)(2), we note that
Illinois' language in 35 IAC 203.303(b)(3) does not explicitly require
that shutdowns or curtailments occur on or after the date a permit
application was filed, as specified in 40 CFR 51.165(a)(3)(ii)(C)(2).
However, Illinois satisfies the Federal requirements by limiting in 35
IAC 203.303(b)(3) the circumstances under which prior shutdowns or
curtailments can be credited as offsets. For example, given an
applicant for a NNSR permit must provide emission offsets under 35 IAC
203.302, the meaning of the phrase ``past shutdown'' as used in 35 IAC
203.303(b)(3) is consistent with the wording of 40 CFR
51.165(a)(3)(ii)(C)(2)(i) as it establishes additional requirements for
offsets that occurred prior to the filing of the application. Because
35 IAC 203.302(a), 35 IAC 203.303(b) and (f), 35 IAC 203.602 and 35 IAC
203.701 address all of the elements required by 40 CFR
51.165(a)(3)(ii)(C)(1) and (2), we propose to find that the Illinois
SIP satisfies the requirements of 40 CFR 51.165(a)(3)(ii)(C)(1) and
(2).
G. Requirements for VOC Apply to NOX as Ozone Precursors--40
CFR 51.165(a)(8)
Under 40 CFR 51.165(a)(8), all requirements applicable to major
stationary sources and major modifications of VOC shall apply to
NOX except where the Administrator has granted a
NOX waiver applying the standards set forth under CAA
section 182(f) and the waiver continues to apply. Illinois certifies
that these Federal requirements are satisfied by 35 IAC 203.206(b)
(major stationary source); 35 IAC 203.207(b), (d), (e) and (f) (major
modification of a source); 35 IAC 203.209(a) and (b) (significant
emissions determination); 35 IAC 203.301(e) and (f) (LAER); and 35 IAC
203.302 (maintenance of RFP and emission offsets). As already
discussed, we have reviewed 35 IAC 203.206(b); 35 IAC 203.207(b), (d),
(e) and (f); 35 IAC 203.209(a) and (b); and 35 IAC 203.302 and find
that these provisions contain language that is consistent with the
corresponding Federal NNSR requirements with respect to the treatment
of VOC and NOX in ozone nonattainment areas. The Federal
requirements for LAER are also addressed by 35 IAC 203.301(e) and (f),
which establish specific LAER and BACT requirements for existing
sources located in serious or severe ozone nonattainment areas. Because
35 IAC 203.206(b), 35 IAC 203.207(b), (d), (e) and (f), 35 IAC
203.209(a) and (b), 35 IAC 203.301(e) and (f), and 35 IAC 203.302
contain language that is consistent with the Federal requirements, we
propose to find that the Illinois SIP satisfies the requirements of 40
CFR 51.165(a)(8).
H. Offset Ratios for VOC and NOX for Ozone Nonattainment
Areas--40 CFR 51.165(a)(9)(ii), (iv)
Under 40 CFR 51.165(a)(9)(ii)(A)-(E), the VOC offset ratios shall
be 1.1:1 in marginal ozone nonattainment areas, 1.15:1 in moderate
ozone nonattainment areas, 1.2:1 in serious ozone nonattainment areas,
1.3:1 in severe ozone nonattainment areas, and 1.3:1 in severe ozone
nonattainment areas. Illinois certifies that these requirements are
satisfied by 35 IAC 203.302(a). Specifically, 35 IAC 203.302(a)(1)
requires offset ratios for both VOC and NOX that are
consistent with 40 CFR 51.165(a)(9)(ii)(A)-(E). Therefore, we propose
to find that the Illinois SIP at 35 IAC 203.302(a) satisfies the
requirements of 40 CFR 51.165(a)(9)(ii)(A)-(E).
For ozone nonattainment areas subject to CAA title 1, part D,
subpart 1 but not subpart 2, 40 CFR 51.165(a)(9)(iv) requires an offset
ratio of at least 1:1. Because all of the current ozone nonattainment
areas in Illinois were designated under CAA title 1, part D, subpart 2,
40 CFR 51.165(a)(9)(iv) does not apply to Illinois at this time.
I. OTR Requirements
Illinois' approved SIP does not contain the OTR provisions set
forth in 40 CFR 51.165(a)(1)(iv)(A)(1)(ii), 40 CFR
51.165(a)(1)(iv)(A)(2)(ii), 40 CFR 51.165(a)(1)(v)(E), 40 CFR
51.165(a)(1)(x)(C), 40 CFR 51.165(a)(8), and 40 CFR 51.165(a)(9)(iii)
because Illinois is not located in an OTR. Illinois is not required to
include these requirements in its SIP until such time as EPA publishes
rules that establish Illinois as a part of the OTR.
J. Anti-backsliding Provisions for the Revoked 1997 NAAQS--40 CFR
51.165(a)(12)
``Anti-backsliding'' provisions are designed to ensure that for
existing ozone nonattainment areas that are designated nonattainment
for a revised and more stringent ozone NAAQS, (1) there is protection
against degradation of air quality (i.e., the areas do not
``backslide''), (2) the areas continue to make progress toward
attainment of the new, more stringent NAAQS, and (3) there is
consistency with the ozone NAAQS implementation framework outlined in
CAA title 1, part D, subpart 2. See 78 FR 34211. As part of the SIP
Requirements Rule, EPA revoked the 1997 NAAQS for all purposes and
established anti-backsliding requirements for areas that remained
designated nonattainment for the revoked NAAQS. See 80 FR 12265 and 40
CFR 51.165(a)(12). Under 40 CFR 51.165(a)(12), the anti-backsliding
requirements at 40 CFR 51.1105 apply in any area designated
nonattainment for the 2008 ozone NAAQS and designated nonattainment for
the 1997 ozone NAAQS on April 6, 2015. Illinois has certified that
there were no areas
[[Page 50556]]
designated as nonattainment for the 1997 8-hour ozone NAAQS on April 6,
2015.
Attainment status designations for Illinois are found at 40 CFR
81.314. With respect to the 1997 8-hour ozone NAAQS, all areas in
Illinois attained the 1997 8-hour ozone NAAQS prior to April 6, 2015.
See 77 FR 25363 (April 30, 2012) and 77 FR 48062 (August 13, 2012).
Since all areas in Illinois were designated as attainment or
unclassifiable/attainment on April 6, 2015 for the 1997 8-hour ozone
NAAQS, the anti-backsliding requirements of 40 CFR 51.165(a)(12) do not
apply for the 2008 8-hour ozone NAAQS. Accordingly, Illinois' approved
SIP does not contain the anti-backsliding provisions set forth in 40
CFR 51.165(a)(12).
IV. Proposed Action
EPA is proposing to approve Illinois' May 23, 2018 SIP revision
addressing the NNSR requirements for the 2008 ozone NAAQS for the
Chicago Nonattainment Area. EPA has concluded that Illinois' submission
fulfills the 40 CFR 51.1114 revision requirement, meets the
requirements of CAA sections 110 and 172 and the minimum SIP
requirements of 40 CFR 51.165, as well as its obligations under EPA's
February 3 and December 11, 2017 findings.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The proposed rule approving Illinois' 2008 8-hour ozone NAAQS NNSR
SIP revision is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 25, 2018.
James Payne,
Acting Regional Administrator, Region 5.
[FR Doc. 2018-21877 Filed 10-5-18; 8:45 am]
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