Air Plan Approval; Illinois; Prevention of Significant Deterioration, 50459-50470 [2021-19234]
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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations
[FR Doc. 2021–19156 Filed 9–8–21; 8:45 am]
(312) 353–0987 before visiting the
Region 5 office.
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT:
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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.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0501, EPA–R05–
OAR–2020–0502, EPA–R05–OAR–2020–
0503; FRL–8919–02–R5]
Air Plan Approval; Illinois; Prevention
of Significant Deterioration
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Illinois State Implementation Plan
(SIP) that were submitted by the Illinois
Environmental Protection Agency
(IEPA) on September 22, 2020, and
amended on November 5, 2020, and
March 3, 2021. These revisions
implement new preconstruction
permitting regulations for certain new or
modified sources of air pollution in
attainment and unclassifiable areas
under the Prevention of Significant
Deterioration (PSD) program of the
Clean Air Act (CAA). EPA is also
transferring to IEPA responsibility for
administering existing PSD permits that
EPA previously issued to sources in
Illinois, and for processing any PSD
permit actions related to such permits.
DATES: This final rule is effective on
October 12, 2021.
ADDRESSES: EPA has established dockets
for this action under Docket ID Nos.
EPA–R05–OAR–2020–0501, EPA–R05–
OAR–2020–0502, and EPA–R05–OAR–
2020–0503. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
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 and
facility closures due to COVID–19. We
recommend that you telephone David
Ogulei, Environmental Engineer, at
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SUMMARY:
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SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background.
II. Summary of EPA Analysis.
III. What comments did we receive on the
proposed rule?
IV. What action is EPA taking?
V. Incorporation by Reference.
VI. Statutory and Executive Order Reviews.
I. Background
Section 110(a)(2)(C) of the CAA
requires that each SIP include a program
to provide for the regulation of the
construction and modification of
stationary sources within the areas
covered by the SIP. We refer to these as
the New Source Review (NSR)
provisions. They consist primarily of:
(1) A permit program as required by part
C of subsection I of the CAA, PSD, as
necessary to assure that national
ambient air quality standards (NAAQS)
are achieved; (2) a permit program as
required by part D of subsection I of the
CAA, Plan Requirements for
Nonattainment Areas, as necessary to
assure that NAAQS are attained and
maintained in ‘‘nonattainment areas’’
(known as ‘‘nonattainment NSR’’), and
(3) a permit program for minor sources
and minor modifications of major
sources as required by section
110(a)(2)(C) of the CAA. Specific plan
requirements for an approvable PSD SIP
are provided in sections 160–169 of the
CAA and the implementing regulations
at 40 CFR 51.166. The requirements
applicable to SIP requirements for
nonattainment areas are provided in
sections 171–193 of the CAA and the
implementing regulations at 40 CFR
51.165. The Federal PSD requirements
at 40 CFR 52.21 apply through Federal
Implementation Plans (FIPs) in states
without a SIP-approved PSD program.
The PSD SIP requirements apply to
new major sources or major
modifications at existing major
stationary sources for pollutants where
the area the source is located has been
designated as ‘‘attainment’’ or
‘‘unclassifiable’’ with respect to the
NAAQS under section 107(d) of the
CAA. Under section 160 of the CAA, the
purposes of the PSD program are to: (1)
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Protect public health and welfare; (2)
preserve, protect and enhance the air
quality in national parks, national
wilderness areas, national monuments,
national seashores, and other areas of
special national or regional natural,
recreational, scenic, or historic value;
(3) ensure that economic growth will
occur in a manner consistent with the
preservation of existing clean air
resources; (4) assure that emissions from
any source in any State will not
interfere with any portion of the
applicable implementation plan to
prevent significant deterioration of air
quality for any other State; and (5)
assure that any decision to permit
increased air pollution in any area to
which the PSD program applies is made
only after careful evaluation of all the
consequences of such a decision and
after adequate procedural opportunities
for informed public participation in the
decision making process.
Before a PSD permit can be issued,
the stationary source must demonstrate
that the new major source or major
modification will be equipped with the
Best Available Control Technology
(BACT) for all po11utants regulated
under the PSD program that are emitted
in significant amounts, and that
increased emissions from the project
will not result in a violation of the
NAAQS or applicable ambient air
quality increments. See CAA section
165.
Because Illinois does not currently
have a SIP-approved PSD program, PSD
permits in Illinois have been issued
under a FIP incorporating the
requirements of 40 CFR 52.21. Prior to
April 7, 1980, EPA was solely
responsible for, and operated, the PSD
permitting program in Illinois. However,
since April 7, 1980, IEPA has issued
PSD permits under a delegation
agreement with EPA that authorizes
IEPA to implement the FIP. See 46 FR
9580 (Jan. 29, 1981) (1980 Delegation
Agreement). Under a November 16,
1981 amendment to the 1980 Delegation
Agreement,1 IEPA also has the authority
to amend or revise any PSD permit
issued by EPA under the FIP. Thus, all
PSD permits issued in Illinois are
currently considered Federal permits;
and PSD permits issued after April 7,
1980, are enforceable by Illinois and
EPA since they were issued under both
Illinois and EPA authority.
On September 22, 2020, IEPA
submitted to EPA a request to revise the
Illinois SIP to establish a SIP-approved
PSD program in Illinois. Specifically,
IEPA requested that EPA incorporate
1 A copy of this amendment to the delegation
agreement is available in the docket for this action.
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into the SIP the following: (1)
Amendments to Title 35 Illinois
Administrative Code (35 Ill. Adm. Code)
Part 203, Major Stationary Source
Construction and Modification; (2) new
regulations at 35 Ill. Adm. Code Part
204, Prevention of Significant
Deterioration; (3) amendments to 35 Ill.
Adm. Code Part 211, Definitions and
General Provisions; 2 and (4)
amendments to 35 Ill. Adm. Code Part
252, Public Participation in the Air
Pollution Control Permit Program. The
amendments to 35 Ill. Adm. Code Parts
203 and 211 update these rules to refer
to permitting pursuant to 35 Ill. Adm.
Code Part 204, as well as to 40 CFR
52.21. These amendments to 35 Ill.
Adm. Code Parts 203 and 211 involve
regulations that EPA has previously
approved into the Illinois SIP for
purposes of other provisions of the CAA
(excluding the PSD program). See 40
CFR 52.720(c). On November 5, 2020,
IEPA submitted additional information
clarifying how it intends to implement
specific provisions identified by EPA,
and how it plans to correct any
typographical errors or omissions that
EPA identified in its October 22, 2020
review of IEPA’s September 2020
submittal. Additionally, on March 3,
2021, IEPA submitted a request to
withdraw a portion of the submitted
amendments, 35 Ill. Adm. Code
252.301, from approval into the SIP.
This provision applies to EPA’s review
of title V permits issued by IEPA.
On April 28, 2021, EPA issued a
notice of proposed rulemaking
(proposed rule) in which we proposed
to find that IEPA’s proposed regulations
and amendments meet the requirements
of sections 160–169 of the CAA and the
implementing regulations at 40 CFR
51.166. See 86 FR 22372. We explained
in the preamble to the proposed rule
that, with a few exceptions, IEPA’s PSD
regulations at 35 Ill. Adm. Code Part 204
and 35 Ill. Adm. Code Part 252 largely
mirror the Federal regulations at 40 CFR
52.21 and 40 CFR part 124, respectively.
We proposed to approve IEPA’s PSD
regulations contained in 35 Ill. Adm.
Code Parts 204 and 252 to apply
statewide, except in Indian reservations.
For the facilities in Indian reservations
in the State, and any other area where
2 IEPA’s September 2020 submittal also addressed
Illinois’ Infrastructure SIP requirements under
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),
110(a)(2)(D)(ii), and 110(a)(2)(J) of the CAA for all
of the following NAAQS: 2008 lead, 2010 nitrogen
dioxide, 1997 ozone, 2008 ozone, 2015 ozone, 1997
particulate matter with aerodynamic diameter less
than 2.5 microns (PM2.5), 2006 PM2.5, 2012 PM2.5,
and 2010 sulfur dioxide. This action does not
address the infrastructure SIP portion of IEPA’s
submittal. EPA plans to address those requirements
in a separate action.
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EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction, the PSD FIP
incorporating 40 CFR 52.21 would
continue to apply and EPA would retain
responsibility for issuing permits
affecting such sources.
In this final action, EPA finds that
IEPA’s regulations at 35 Ill. Adm. Code
Part 204 and the amendments to 35 Ill.
Adm. Code Parts 203, 211 and 252 meet
the requirements of sections 160–169 of
the CAA and the minimum program
requirements of 40 CFR 51.166. EPA is
therefore approving these regulations
and amendments into the Illinois SIP
and is codifying this approval in the
Federal regulations at 40 CFR 52.720.
Upon the effective date of this approval,
PSD permits issued by IEPA will be
issued under state authority and will no
longer be considered Federal actions.
However, such PSD permits will
continue to be federally enforceable as
defined at 40 CFR 51.166(b)(17).
This action also transfers to IEPA
responsibility for administering existing
PSD permits that EPA previously issued
to sources in Illinois pursuant to the
FIP, and for processing any PSD permit
actions related to such permits.
II. Summary of EPA Analysis
A. Procedural Requirements
For the reasons discussed in the
proposed rule, EPA finds that IEPA has
satisfied the procedural requirements
for a SIP submittal as set forth in 40 CFR
51.102, 51.103 and 40 CFR part 51,
appendix V.
B. 35 Ill. Adm. Code Part 203 (Major
Stationary Source Construction and
Modification)
For the reasons discussed in the
proposed rule, EPA is approving IEPA’s
amendments to 35 Ill. Adm. Code Part
203. The amendments update certain
provisions in this regulation such that
they refer to permits issued under 40
CFR 52.21 or 35 Ill. Adm. Code Part 204,
Illinois’ new regulation for a state PSD
permitting program. Specifically, EPA is
approving amendments to 35 Ill. Adm.
Code 203.207(a), (c)(2), (c)(3), (c)(5),
(c)(6), (e) and (f). Accordingly, upon the
effective date of this final action, IEPA
will issue PSD permits under 35 Ill.
Adm. Code Part 204, but permits
previously issued under 40 CFR 52.21
will continue to be effective unless
rescinded or otherwise rendered
invalid.
C. 35 Ill. Adm. Code Part 204
Under 40 CFR 51.166(a)(7)(iv), each
SIP shall contain the specific provisions
of 40 CFR 51.166(a)(7)(iv)(a) through (f).
EPA will approve deviations from these
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provisions only if the State specifically
demonstrates that the submitted
provisions are more stringent than, or at
least as stringent, in all respects as the
corresponding provisions in 40 CFR
51.166(a)(7)(iv)(a) through (f).
Additionally, 40 CFR 51.166(b) requires
that all SIPs shall use the definitions in
40 CFR 51.166(b) for the purposes of 40
CFR 51.166 and that deviations from the
wording of those definitions will be
approved only if the State specifically
demonstrates that the submitted
definition is more stringent, or at least
as stringent, in all respects as the
corresponding definitions in 40 CFR
51.166(b).
EPA finds that IEPA’s PSD regulation
is more stringent than, or at least as
stringent, in all respects as the
corresponding provisions in 40 CFR
51.166. While IEPA has submitted
provisions that differ in some respects
from the provisions in 40 CFR 51.166,
as discussed in detail in the proposed
rule,3 we find that those differences do
not render IEPA’s regulation less
stringent than the corresponding
Federal language at 40 CFR 51.166.
D. 35 Ill. Adm. Code Part 211
(Definitions and General Provisions)
In the proposed rule, EPA proposed to
approve amendments to 35 Ill. Adm.
Code Part 211 that updated certain
provisions in this regulation such that
they refer to permits issued under 40
CPR 52.21 or 35 Ill. Adm. Code Part 204.
Specifically, EPA proposed to approve
amendments to 35 Ill. Adm. Code
211.7150(b) and (d), with a state
effective date of September 4, 2020. On
June 16, 2021, EPA approved into the
Illinois SIP a more recent version of this
regulation, with a state effective date of
October 20, 2020. See 86 FR 31920. The
October 20, 2020 version of 35 Ill. Adm.
Code Part 211, as EPA approved on June
16, 2021, contains the changes that IEPA
requested in its September 22, 2020
submittal for this action. Therefore, EPA
is not acting on this portion of the
submittal in this action.
E. 35 Ill. Adm. Code Part 252 (Public
Participation)
For the reasons discussed in the
proposed rule, EPA is approving into
the SIP IEPA’s regulations at 35 Ill.
Adm. Code Part 252, except 35 Ill. Adm.
Code 252.301. EPA finds that IEPA’s
amendments to 35 Ill. Adm. Code Part
252 meet the CAA requirements for
public participation for the PSD
program as set forth in 40 CFR 51.161
and 51.166(q), and are substantially
identical to the public participation
3 See
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requirements in 40 CFR part 124 that are
pertinent to the currently-applicable FIP
incorporating 40 CFR 52.21. EPA is not
including in its final approval 35 Ill.
Adm. Code 252.301 because IEPA
withdrew this provision from its
submittal, and it is not a required
element of a PSD SIP.
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F. Personnel, Funding, and Authority
Section 110(a)(2)(E)(i) of the CAA
requires states to have adequate
personnel, funding, and authority under
state law to carry out a SIP. EPA finds
that IEPA has authority under state law
to issue PSD permits. Specifically,
sections 9.l(d)(l) and (2) of the Illinois
Environmental Policy Act (Illinois Act),
415 ILCS 5/9.l(d)(l) and (2), specify that
no person shall violate any provisions of
sections 111, 112, 165, or 173 of the
CAA, as now or hereafter amended, or
the implementing Federal regulations;
or construct, install, modify or operate
any equipment, building, facility, source
or installation which is subject to
regulation under sections 111, 112, 165,
or 173 of the CAA, as now or hereafter
amended, except in compliance with
the requirements of such sections and
Federal regulations adopted pursuant
thereto. The Illinois Act further
specifies that no such action shall be
undertaken without a permit granted by
IEPA whenever a permit is required
pursuant to the Illinois Act or the
implementing state regulations, or
section 111, 112, 165, or 173 of the CAA
or implementing Federal regulations, or
in violation of any conditions imposed
by such permit. Consistent with the
Illinois Act, 35 Ill. Adm. Code 204.820
and 204.850 require that a source may
construct or operate any source or
modification subject to PSD permitting
only after obtaining an approval to
construct or PSD permit. IEPA would
have the ability to rescind such PSD
permit under 35 Ill. Adm. Code
204.1340.
As discussed in the proposed rule,
and in response to comments below,
EPA finds that IEPA has provided the
necessary assurances that it has
adequate personnel and funding to
implement PSD permitting activities in
Illinois, including an adequate number
of full-time construction permit staff
and revenue stream from permit fees to
administer a PSD program in Illinois.
G. EPA Oversight Authority
In approving state NSR rules into
SIPs, EPA has a responsibility to ensure
that all states properly implement their
SIP-approved preconstruction
permitting programs. Accordingly, EPA
will conduct appropriate oversight to
ensure that permits issued by IEPA are
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consistent with the requirements of the
CAA, Federal regulations, and the SIP.
EPA’s authority to oversee NSR
permit program implementation is set
forth in sections 113 and 167 of the
CAA. For example, section 167
authorizes EPA to issue administrative
orders, initiate civil actions, or take
whatever other action may be necessary
to prevent the construction or
modification of a major stationary
source that does not ‘‘conform to the
requirements of’’ the PSD program.
Section 113(a)(1) of the CAA provides
for a range of enforcement remedies
whenever EPA finds that a person is in
violation of an applicable
implementation plan. Likewise, section
113(a)(5) of the CAA provides for
administrative orders and civil actions
whenever EPA finds that a state ‘‘is not
acting in compliance with’’ any
requirement or prohibition of the CAA
regarding the construction of new
sources or modification of existing
sources.
Under 40 CFR 51.166(a)(4), IEPA is
obligated to review the continued
adequacy of its approved SIP ‘‘on a
periodic basis and within 60 days of
such time as information becomes
available that an applicable increment is
being violated.’’
III. What comments did we receive on
the proposed rule?
Our proposed rule provided a 30-day
public comment period. See 86 FR at
22372. During the comment period,
which closed on May 28, 2021, we
received both adverse and supportive
comments. We received comments in
support of our proposed rule from the
Illinois Environmental Regulatory
Group. We received adverse
consolidated comments from
Earthjustice, Environmental Law &
Policy Center, and Sierra Club. We
respond to the adverse comments in this
section.
Comment: The commenters assert that
EPA cannot approve Illinois’ PSD
program into the SIP because IEPA has
not provided necessary assurances that
it will have adequate personnel,
funding, and authority under State law
to carry out the SIP, as required by
section 110(a)(2)(E) of CAA. The
commenters allege that IEPA has for
many years been understaffed and
under-resourced to handle its existing
volume of regulatory obligations. Citing
findings by EPA (including by the Office
of Inspector General (OIG)) and other
studies, the commenters argue that: (1)
IEPA’s title V program has longstanding
funding and permit processing issues,
including a title V permit backlog above
EPA’s recommended level as recently as
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2017, suggesting the same issues will
arise with the PSD program; (2) IEPA
staff has declined since 1980 (and by
nearly 50% in the Bureau of Air during
the period 2003–2018); (3) there is no
general fund appropriation for IEPA;
and (4) delays of permit appeals at the
Illinois Pollution Control Board (IPCB)
suggest personnel and funding issues in
that body, which would delay
resolution of PSD permit appeals. The
commenters allege that IEPA has not
demonstrated that the staffing and
resource shortages already plaguing it
have been resolved, nor has it shown
that IEPA or the IPCB have the sufficient
staff and resources necessary to equip
them to implement the PSD program.
The commenters also assert that funding
and staffing shortfalls place a
disproportionate burden on
Environmental Justice (EJ) communities
by delaying the review and enforcement
of noncompliance with permits for
sources that are disproportionately
located in EJ communities. As a result,
the commenters assert that authorizing
IEPA to administer the PSD program
would be inconsistent with IEPA’s and
EPA’s EJ obligations.
EPA Response: EPA acknowledges
that IEPA, like many other permitting
authorities, has seen staff and funding
decline over the years due to reduced
legislative budget allocations, facility
shutdowns (particularly by large
emitters such as coal-fired power
plants), and other factors. However, we
disagree with the commenters’ assertion
that IEPA has not met its burden to
provide the necessary assurances that it
will have adequate personnel and
funding under State law to administer a
SIP-approved PSD program in Illinois.4
While CAA section 110(a)(2)(E) requires
each state to provide necessary
assurances that the state will have
adequate personnel, funding, and
authority under state law to carry out
the SIP, it does not mandate a specific
methodology for EPA to use when
evaluating the adequacy of resources to
implement the SIP. See 76 FR 42549,
42554 (July 19, 2011). The scope of this
action is limited to determining whether
the Illinois SIP meets certain
infrastructure requirements of CAA
section 110(a)(2)(E) with respect to
funding and personnel for purposes of
implementing the approved SIP. As
discussed in the proposed rule, IEPA
has issued PSD permits under the
delegation agreement with EPA since
1980, and the staff of engineers and air
4 The commenters provided no evidence to
contest EPA’s finding that IEPA has provided
necessary assurances that it will have adequate
authority under State law to carry out the SIP.
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quality modelers who supported IEPA
in its issuance of PSD permits under the
delegation agreement will continue to
support IEPA’s issuance of PSD permits
under a SIP-approved PSD program. In
its submittal, IEPA stated it currently
has nine full time construction permit
engineers that perform construction
permit activities, and that it has an
adequate revenue stream from permit
fees to support such activities. The
commenters have not provided
information that would rebut these
statements from IEPA’s submittal;
rather, commenters provide information
that is not relevant to approval of
Illinois’ PSD program, or that otherwise
does not support commenters’
allegations of inadequate personnel or
funding for IEPA to implement the PSD
program.
EPA’s evaluation of Illinois’ submittal
with respect to funding and personnel is
based, in part, upon various sources of
funding available to the state, state
statutes and rules pursuant to CAA
section 110(a)(2), and IEPA’s fulfillment
of grant obligations. CAA section 105
grants provide monies to help support
the foundation of the state’s air quality
program, including air monitoring,
enforcement, and SIP development.
States are required to provide matching
monies to receive their grant, and EPA
evaluates the performance of the State
each year. As of fiscal year 2020, Illinois
has satisfactorily completed its air
program obligations as called for under
the CAA section 105 grant, including
meeting specific measures related to
NSR program implementation and
maintenance of an EPA-approved
statewide air quality surveillance
network required by section 110(a)(2)(B)
of the CAA.
To the extent the commenters address
the adequacy of personnel or funding
for Illinois’ title V program, they are
addressing issues that are subject to
statutory and regulatory evaluation that
are beyond the scope of this rulemaking.
CAA section 110(a)(2) falls under title I
of the CAA and governs the
implementation, maintenance, and
enforcement of the NAAQS through the
SIP. CAA section 110 and 40 CFR part
51 provide mechanisms for
programmatic remedies with respect to
the SIP. Title I also addresses NSR
preconstruction permits for new or
modified minor and major sources. The
title V program, by contrast, governs
operating permits for existing sources
and is addressed by CAA sections 502
through 507. Any evaluation of the title
V program and any consequent
programmatic remedies must be done
pursuant to CAA section 502 and 40
CFR part 70.
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Title V programs are generally not
part of the SIP, and thus are not part of
the requirements of CAA section
110(a)(2); moreover, CAA section
502(b)(3) requires not only that title V
program fees cover the reasonable direct
and indirect costs of developing and
administering the title V program, but
also requires that the fees be used only
to cover those costs. See 76 FR 43906,
43910 (July 22, 2011) and 79 FR 62042,
62045 (Oct. 16, 2014). Due to the
distinct and self-administering nature of
the title V program, we disagree that
alleged flaws in Illinois’ title V program
would prevent EPA from approving a
SIP submittal under CAA section
110(a)(2).5
Commenters rely on a 2019 study of
funding and staffing issues at the IEPA,
including in the Bureau of Air, to
suggest that the decline in IEPA staff
since 1980 would compromise
implementation of an approved Illinois
PSD program.6 We noted earlier in this
section the specific staff allocation that
IEPA made in its submittal for
implementing the PSD program. In
addition, since the 2019 study was
published, staff in IEPA’s Bureau of Air
has increased from 157 to an estimated
167 (with 190 targeted for FY 2021), and
the enacted appropriation for the
Bureau of Air has increased from
$88,964,000 in FY 2019 to $140,825,800
in FY 2020 (with $156,808,200
proposed for FY 2021).7
If, in the future, EPA determines that
Illinois does not have adequate
personnel or funding to carry out its
SIP, or for any other reason fails to meet
any requirement of its approved SIP,
then EPA may exercise its authority
pursuant to CAA sections 110(a)(2)(E),
179, or 110(k)(5) to impose sanctions
5 In criticizing Illinois’ title V program,
commenters rely in part on EPA’s Review of Illinois
Environmental Protection Agency’s New Source
Review and Title V Permit Programs (Sept. 2017)
(the ‘‘2017 Review’’). That review noted several
improvements in IEPA’s processing of PSD permits,
including that it had been ‘‘issuing all PSD permits
within 180 days of receiving a complete
application, well within the timeframe required by
EPA’s rules’’ and had ‘‘entered into the [RACT/
BACT/LAER Clearinghouse] all BACT/LAER
determinations for issued and effective permits.’’
2017 Review at 5, 7.
6 See Mark Templeton et al., Protecting the
Illinois EPA’s Health, so that It Can Protect Ours
(Nov. 2019), available at https://chicagounbound.
uchicago.edu/cgi/viewcontent.cgi?article=
1000&context=abrams.
7 See Ill. Office of Mgmt. & Budget, Exec. Office
of the Governor, Ill. State Operating Budget, Fiscal
Year 2021, available at https://www2.illinois.gov/
sites/budget/Documents/Budget%20Book/FY2021Budget-Book/Fiscal-Year-2021-Operating-BudgetBook.pdf. This is consistent with EPA’s previous
finding that ‘‘IEPA has made improvements to its
permit issuance timeliness through various efforts,
including . . . additional staffing.’’ 2017 Review at
11.
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and other remedies on the State as
allowed by the CAA. The action that
EPA is taking here does not limit EPA’s
authority pursuant to those CAA
sections. See also 77 FR 58955, 58957–
8 (Sept. 25, 2012).
With respect to the concerns
regarding the IPCB, the commenters
have provided no information for EPA
to conclude that personnel or funding
shortfalls have contributed to delays in
IPCB permit appeal proceedings. There
are many factors that could have
resulted in lengthy permit appeal
proceedings (including filing of motions
for delays by the appellant or
responding party). One such factor,
discussed in EPA’s 2017 Review, was
that the IPCB formerly would stay title
V permits in their entirety during an
appeals process.8 In 2010, Illinois
enacted legislation allowing the IPCB to
stay the effectiveness of any or all
uncontested conditions of a title V
permit if the IPCB determines that the
uncontested conditions would be
affected by its review of contested
conditions. See 415 ILCS 5/40.2(f). As a
result of this legislation, as well as
IEPA’s efforts to resolve appeals and
issue affected permits, the number of
unresolved appeals has decreased
significantly since 2005.
Finally, EPA is committed to
advancing EJ and incorporating equity
considerations into all aspects of our
work, including ongoing development
of practices to better assess and consider
impacts to pollution-burdened
communities in our analysis,
permitting, and enforcement activities.
At this time EPA does not have, nor did
commenters provide, information that
would suggest that approval of Illinois’
PSD program has the potential to result
in disproportionately high and adverse
human health or environmental impacts
on vulnerable populations or
overburdened communities; however,
EPA is also not currently in a position
to make a determination to this effect.
As we work to define EJ best practices
at EPA, we will continue to work with
IEPA and other stakeholders to ensure
that robust analyses are conducted to
assess the full EJ implications of siting
individual facilities in communities
already overburdened by pollution.
Comment: The commenters object to
IEPA removing the requirement that
limits on the potential to emit (PTE)
taken to avoid major NSR must be
‘‘federally enforceable’’; IEPA would
instead require such limits to be
‘‘federally enforceable or legally and
practicably enforceable by a state or
local air pollution control agency.’’ 35
8 See
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Ill. Adm. Code 204.560 (definition of
‘‘potential to emit’’). The commenters
assert that, if accepted into the SIP, this
would allow IEPA to issue minor NSR
permits without public notice and an
opportunity for public comment
because a source could be minor solely
on the basis of State-enforceable
restrictions on PTE. Specifically, the
commenters assert that the Illinois rules
governing the categories of permits
subject to public comment before
issuance (35 Ill. Adm. Code 252.104 and
252.201) include sources that would be
major sources except for their federally
enforceable restrictions, but do not
include sources that would be major
except for state or locally enforceable
restrictions. This, the commenters
allege, means that IEPA could issue
permits establishing PTE limits without
public notice and an opportunity for
comment. The commenters allege that
eliminating the requirement for an
opportunity for public comment on
draft PTE limits would violate EPA’s
minor NSR regulations at 40 CFR
51.161.
EPA Response: We disagree with the
commenters. First, as discussed in the
proposed rule, IEPA’s proposed revision
of the PTE definition at 35 Ill. Adm.
Code 204.560 is consistent with past
court decisions and related EPA
guidance that establish that the term
‘‘potential to emit’’ must encompass all
legally enforceable emission limitations
that restrict a source’s emissions. In
Chemical Manufacturers Association v.
EPA, 70 F. 3d 637 (D.C. Cir. 1995) and
National Mining Association v. EPA, 59
F.3d 1351, 1362–63 (D.C. Cir. 1995), the
term ‘‘federally enforceable’’ was
vacated in the definition of PTE (e.g., 40
CFR 51.166(b)(4)), and in subsequent
memoranda, EPA stated it interpreted
the term ‘‘federally enforceable’’ to
mean ‘‘federally enforceable or legally
and practicably enforceable by a state or
local air pollution control agency’’
(emphasis added).9 The memoranda
reiterate EPA’s earlier guidance on
permit conditions restricting potential
to emit that are enforceable as a
practical matter. For example,
practicable enforceability for a sourcespecific permit means that the permit’s
provisions must, at a minimum: (1) Be
technically accurate and identify which
portions of the source are subject to the
limitation; (2) specify the time period
for the limitation (hourly, daily,
monthly, and annual limits such as
9 See, e.g., Release of Interim Policy on Federal
Enforceability of Limitations on Potential to Emit at
3–4 (Jan. 22, 1996), available at https://
www.epa.gov/sites/default/files/2015-07/
documents/pottoemi.pdf.
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rolling annual limits); (3) be
independently enforceable and describe
the method to determine compliance,
including appropriate monitoring,
recordkeeping, and reporting; (4) be
permanent; and (5) include a legal
obligation to comply with the limit.10
IEPA’s PTE definition is consistent with
the relevant court decisions and EPA’s
interpretation of those decisions,
requiring the limits to be ‘‘federally
enforceable or legally and practicably
enforceable by a state or local air
pollution control agency.’’ It is therefore
appropriate for Illinois to use that
phrase in place of ‘‘federally
enforceable’’ alone.
Second, although Illinois’ notice and
comment procedures for synthetic
minor NSR sources are beyond the
scope of this action, IEPA cannot avoid
notice and comment on a synthetic
minor NSR permit for a source that has
taken State-enforceable restrictions on
PTE. Under CAA section 110(a)(2)(C),
State minor NSR programs approved
under the SIP, and the permits issued
thereunder, are always federally
enforceable. See also 40 CFR 52.23 and
CAA section 113(b)(1).11 Under 35 Ill.
Adm. Code 252.104 and 252.201, in
addition to providing public notice for
major NSR and title V permit actions,
IEPA must provide public notice for the
planned issuance of the following minor
NSR permits: Permits for the
construction of a source or a
modification of a source that would
constitute a new major stationary source
or a major modification of a major
stationary source, if the source or
modification were not accompanied by
contemporaneous emissions decreases
or if federally enforceable significant
restrictions were not placed on the
source or modification by the permit;
permits to operate sources that contain
federally enforceable conditions,
including permits that exclude sources
from the applicability of the permitting
requirements described in 35 Ill. Adm.
Code 252.104(a)(1), (a)(2) or (a)(5); and
permits for the construction of a source
10 See Memorandum entitled, ‘‘Guidance on
Limiting Potential to Emit in New Source
Permitting,’’ from Terrell F. Hunt, Associate
Enforcement Counsel, Office of Enforcement and
Compliance Assurance (OECA), and John Seitz,
Director, Office of Air Quality Planning and
Standards (OAQPS), to EPA Regional Offices (Jun.
13, 1989), and Memorandum entitled, ‘‘Options for
Limiting the Potential to Emit (PTE) of a Stationary
Source Under Section 112 and Title V of the Clean
Air Act (Act),’’ from John Seitz, Director, OAQPS
and Robert I. Van Heuvelen, Director, ORE to
Regional Air Directors (Jan. 25, 1995).
11 See also Federal Enforceability of State’s
Existing Minor New Source Review (NSR) Programs
(Nov. 2, 1994), available at https://www.epa.gov/
nsr/federal-enforceability-states-existing-minornew-source-review-nsr-programs.
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50463
of public interest or emission units of
public interest at a source, the criteria
for which are outlined in 35 Ill. Adm.
Code 252.104(b). Thus, as relevant to
synthetic minor NSR permits, IEPA’s
regulations do not provide any
exemption from public notice and
comment for permits for new sources or
modifications that would be major
sources or major modifications but
accept enforceable restrictions on PTE
such that the new source or
modification becomes a minor source.
Consistent with CAA section
110(a)(2)(C), the PTE definition in 40
CFR 51.166(b)(4) and IEPA’s public
participation requirements at 35 Ill.
Adm. Code 252.104(a)(3), (a)(6) and
252.201(a), permits for such sources or
modifications must be public noticed
regardless of the new level of allowable
emissions (after taking into account the
federally enforceable restrictions on
emissions or any contemporaneous
emissions decreases). For these reasons,
IEPA cannot avoid notice and comment
on synthetic minor NSR permits for
sources accepting only State-enforceable
restrictions on PTE.
Although not a condition of this
approval, EPA expects IEPA to
implement the PTE definition in a
manner that is consistent with the
courts’ decisions, IEPA’s PTE definition
in 35 Ill. Adm. Code 204.560 and the
public participation requirements in 35
Ill. Adm. Code 252.104 and 252.201,
and EPA rules as discussed above.
IEPA’s enforcement program must
continue to provide sufficient incentive
for sources to comply with permit
limits. Permit limits must be enforceable
as a practical matter (i.e., practicably
enforceable), and PTE limits must be
subjected to appropriate public notice
and comment consistent with 40 CFR
51.161 and IEPA’s SIP-approved public
participation regulations. If, in the
future, IEPA does not implement its PTE
definition consistent with its SIPapproved regulations or the CAA and its
implementing regulations (including,
but not limited to, not public noticing
PTE limits or establishing limits that are
not practicably enforceable), EPA could
find that IEPA has failed to adequately
administer or enforce its PSD program
and may take action to notify IEPA of
such a finding as authorized by sections
110(a)(2)(E), 179, or 110(k)(5) of the
CAA.
Further, in response to a recent report
by the OIG regarding EPA’s oversight of
synthetic minor permits, EPA has
committed to identifying state, local,
and tribal agencies whose program
regulations, including but not limited
to, minor NSR and federally enforceable
state operating permit program
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regulations and corresponding practices,
do not meet the public participation
requirements contained in the
applicable EPA regulations, e.g., 40 CFR
51.161.12 For the identified agencies,
EPA expects to take appropriate
corrective steps, which may include
constructive, informal, and formal
engagement with those agencies.
IV. What action is EPA taking?
A. Scope of EPA Action
EPA is approving revisions to the
Illinois SIP that IEPA submitted on
September 22, 2020 and amended on
November 5, 2020, and March 3, 2021.
These revisions implement the PSD
preconstruction permitting regulations
for certain new or modified sources in
attainment and unclassifiable areas.
Currently, the PSD program in Illinois is
operated under the FIP incorporating 40
CFR 52.21. EPA is approving IEPA’s
PSD regulations contained in 35 Ill.
Adm. Code Parts 204 and 252 to apply
statewide, except in Indian reservations.
EPA is excluding from the scope of
this final approval all Indian
reservations in the State, and any other
area where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. For the facilities in these
geographic areas, the PSD FIP
incorporating 40 CFR 52.21 will
continue to apply and EPA will retain
responsibility for issuing permits
affecting such sources.
B. Rules Approved and Incorporated by
Reference Into the SIP
EPA approves into the Illinois SIP at
40 CFR 52.720, the following
regulations: 35 Ill. Adm. Code 203.207
‘‘Major Modification of a Source’’ and
35 Ill. Adm. Code Part 204 ‘‘Prevention
of Significant Deterioration,’’ effective
September 4, 2020; and 35 Ill. Adm.
Code Part 252 ‘‘Public Participation in
the Air Pollution Control Program’’,
except 35 Ill. Adm. Code sections
252.301 and 252.401, effective June 10,
2020.
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C. Transfer of Authority for Existing
EPA-Issued PSD Permits
Since April 7, 1980, IEPA has had full
delegation to implement the PSD
permitting program under the FIP. 46
FR 9580 (Jan. 29, 1981). Thus, PSD
permits issued by IEPA on or after April
7, 1980, were issued under both state
and EPA authority. Prior to delegation
of the PSD permitting program to IEPA
on April 7, 1980, EPA issued several
12 See
https://www.epa.gov/system/files/
documents/2021-07/_epaoig_20210708-21-p0175.pdf.
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PSD permits for sources in Illinois.13 In
an April 14, 1982 amendment to the
terms of the 1980 delegation agreement,
EPA delegated to IEPA the authority to
amend or to revise any permits that had
been previously issued by EPA.
In this action, EPA is granting IEPA
authority to fully administer the PSD
program with respect to those sources
under IEPA’s permitting jurisdiction
that have existing PSD permits issued
solely by EPA on or before April 7,
1980. This includes authority to
conduct general administration of these
existing permits, authority to process
and issue any subsequent PSD permit
actions relating to such permits (e.g.,
modifications, amendments, or
revisions of any nature), and authority
to enforce such permits. IEPA has
demonstrated adequate authority to
enforce and modify these permits.
V. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Illinois Regulations
described in the amendments to 40 CFR
part 52 set forth below. EPA has made,
and will continue to make, these
documents generally available through
www.regulations.gov, and at the EPA
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.
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
13 EPA issued at least 18 such permits; however,
some of the affected facilities may no longer exist.
The full listing of these facilities is available in the
docket for this action.
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those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
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the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 8, 2021. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see CAA
section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 30, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.720, the table in paragraph
(c) is amended by:
■
a. Revising the entry ‘‘203.207’’ under
the heading ‘‘Subpart B: Major
Stationary Sources in Nonattainment
Areas’’.
■ b. Adding, in alphanumeric order
after the entry ‘‘203.801’’:
■ i. The headings ‘‘Part 204: Prevention
of Significant Deterioration’’ and
‘‘Subpart A: General Provisions’’ and
the entries ‘‘204.100’’, ‘‘204.110’’, and
‘‘204.120’’;
■ ii. The heading ‘‘Subpart B:
Definitions’’ and the entries ‘‘204.200’’,
‘‘204.210’’, ‘‘204.220’’, ‘‘204.230’’,
‘‘204.240’’, ‘‘204.250’’, ‘‘204.260’’,
‘‘204.270’’, ‘‘204.280’’, ‘‘204.290’’,
‘‘204.300’’, ‘‘204.310’’, ‘‘204.320’’,
‘‘204.330’’, ‘‘204.340’’, ‘‘204.350’’,
‘‘204.360’’, ‘‘204.370’’, ‘‘204.380’’,
‘‘204.390’’, ‘‘204.400’’, ‘‘204.410’’,
‘‘204.420’’, ‘‘204.430’’, ‘‘204.440’’,
‘‘204.450’’, ‘‘204.460’’, ‘‘204.470’’,
‘‘204.480’’, ‘‘204.490’’, ‘‘204.500’’,
‘‘204.510’’, ‘‘204.520’’, ‘‘204.530’’,
‘‘204.540’’, ‘‘204.550’’, ‘‘204.560’’,
‘‘204.570’’, ‘‘204.580’’, ‘‘204.590’’,
‘‘204.600’’, ‘‘204.610’’, ‘‘204.620’’,
‘‘204.630’’, ‘‘204.640’’, ‘‘204.650’’,
‘‘204.660’’, ‘‘204.670’’, ‘‘204.680’’,
‘‘204.690’’, ‘‘204.700’’, and ‘‘204.710’’;
■ iii. The heading ‘‘Subpart C: Major
Stationary Sources in Attainment and
Unclassifiable Areas’’ and the entries
‘‘204.800’’, ‘‘204.810’’, ‘‘204.820’’,
‘‘204.830’’, ‘‘204.840’’, ‘‘204.850’’, and
‘‘204.860’’;
■ iv. The heading ‘‘Subpart D:
Increment’’ and the entries ‘‘204.900’’,
‘‘204.910’’, ‘‘204.920’’, and ‘‘204.930’’;
■ v. The heading ‘‘Subpart E: Stack
Heights’’ and the entry ‘‘204.1000’’;
■ vi. The heading ‘‘Subpart F:
Requirements for Major Stationary
Sources and Major Modifications in
Attainment and Unclassifiable Areas’’
and the entries ‘‘204.1100’’, ‘‘204.1110’’,
‘‘204.1120’’, ‘‘204.1130’’, and
‘‘204.1140’’;
■ vii. The heading ‘‘Subpart G:
Additional Requirements for Class I
Areas’’ and the entry ‘‘204.1200’’;
■
viii. The heading ‘‘Subpart H: General
Obligations of the Illinois
Environmental Protection Agency’’ and
the entries ‘‘204.1300’’, ‘‘204.1310’’,
‘‘204.1320’’, ‘‘204.1330’’, and
‘‘204.1340’’;
■ ix. The heading ‘‘Subpart I:
Nonapplicability Recordkeeping and
Reporting’’ and the entry ‘‘204.1400’’;
■ x. The heading ‘‘Subpart J: Innovative
Control Technology’’ and the entry
‘‘204.1500’’; and
■ xi. The heading ‘‘Subpart K:
Plantwide Applicability Limitation’’
and the entries ‘‘204.1600’’, ‘‘204.1610’’,
‘‘204.1620’’, ‘‘204.1630’’, ‘‘204.1640’’,
‘‘204.1650’’, ‘‘204.1660’’, ‘‘204.1670’’,
‘‘204.1680’’, ‘‘204.1690’’, ‘‘204.1700’’,
‘‘204.1710’’, ‘‘204.1720’’, ‘‘204.1730’’,
‘‘204.1740’’, ‘‘204.1750’’, ‘‘204.1760’’,
‘‘204.1770’’, ‘‘204.1780’’, ‘‘204.1790’’,
‘‘204.1800’’, ‘‘204.1810’’, ‘‘204.1820’’,
‘‘204.1830’’, ‘‘204.1840’’, ‘‘204.1850’’,
‘‘204.1860’’, ‘‘204.1870’’, ‘‘204.1880’’,
‘‘204.1890’’, ‘‘204.1900’’, and
‘‘204.1910’’.
■ c. Removing the heading ‘‘Part 252:
Public Participation in the Air Pollution
Permit Program for Major Sources in
Nonattainment Areas’’ and adding the
heading ‘‘Part 252: Public Participation
in the Air Pollution Control Permit
Program’’ in its place.
■ d. Revising the entries ‘‘252.101’’,
‘‘252.102’’, and ‘‘252.103’’.
■ e. Adding entries ‘‘252.104’’,
‘‘252.105’’, and ‘‘252.106’’ in numerical
order.
■ f. Revising entries ‘‘252.201’’,
‘‘252.202’’, ‘‘252.203’’, and ‘‘252.204’’.
■ g. Adding entries ‘‘252.205’’,
‘‘252.206’’, ‘‘252.207’’, ‘‘252.208’’,
‘‘252.209’’, ‘‘252.210’’, and ‘‘252.211’’ in
numerical order.
The additions and revisions read as
follows:
■
§ 52.720
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES
Illinois citation
*
State effective
date
Title/subject
*
*
EPA approval date
*
Comments
*
*
*
*
*
*
*
September 9, 2021, [Insert Federal
Register citation].
*
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Part 203: Major Stationary Sources Construction and Modification
*
*
*
*
*
Subpart B: Major Stationary Sources in Nonattainment Areas
*
203.207 .............................
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*
*
Major Modification of a
Source.
16:45 Sep 08, 2021
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*
9/4/2020
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EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES—Continued
Illinois citation
*
State effective
date
Title/subject
*
*
EPA approval date
*
Comments
*
*
Part 204: Prevention of Significant Deterioration
Subpart A: General Provisions
204.100 .............................
204.110 .............................
204.120 .............................
Incorporations by Reference.
Abbreviations and Acronyms.
Severability ......................
9/4/2020
9/4/2020
9/4/2020
September
Register
September
Register
September
Register
9, 2021, [Insert Federal
citation].
9, 2021, [Insert Federal
citation].
9, 2021, [Insert Federal
citation].
Subpart B: Definitions
204.200 .............................
Definitions ........................
9/4/2020
204.210 .............................
Actual Emissions .............
9/4/2020
204.220 .............................
Adverse Impact on Visibility.
Allowable Emissions ........
9/4/2020
9/4/2020
204.250 .............................
Baseline Actual Emissions.
Baseline Area ..................
204.260 .............................
Baseline Concentration ...
9/4/2020
204.270 .............................
Begin Actual Construction
9/4/2020
204.280 .............................
Best Available Control
Technology (BACT).
Building, Structure, Facility, or Installation.
Clean Coal Technology ...
9/4/2020
9/4/2020
204.320 .............................
Clean Coal Technology
Demonstration Project.
Commence ......................
204.330 .............................
Complete .........................
9/4/2020
204.340 .............................
Construction ....................
9/4/2020
204.350 .............................
Dispersion Technique ......
9/4/2020
204.360 .............................
9/4/2020
204.370 .............................
Electric Utility Steam
Generating Unit.
Emissions Unit .................
204.380 .............................
Excessive Concentration
9/4/2020
204.390 .............................
Federal Land Manager ....
9/4/2020
204.400 .............................
Federally Enforceable .....
9/4/2020
204.410 .............................
Fugitive Emissions ..........
9/4/2020
204.420 .............................
9/4/2020
9/4/2020
204.440 .............................
Good Engineering Practice.
Greenhouse Gases
(GHGs).
High Terrain .....................
204.450 .............................
Indian Reservation ..........
9/4/2020
204.460 .............................
Indian Governing Body ....
9/4/2020
204.470 .............................
Innovative Control Technology.
9/4/2020
204.230 .............................
204.240 .............................
204.290 .............................
204.300 .............................
204.310 .............................
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
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State effective
date
Illinois citation
Title/subject
204.480 .............................
Low Terrain .....................
9/4/2020
204.490 .............................
Major Modification ...........
9/4/2020
204.500 .............................
Major Source Baseline
Date.
Major Stationary Source ..
9/4/2020
204.510 .............................
204.520 .............................
204.530 .............................
Minor Source Baseline
Date.
Nearby .............................
9/4/2020
9/4/2020
9/4/2020
9/4/2020
204.550 .............................
Necessary
Preconstruction Approvals or Permits.
Net Emissions Increase ..
204.560 .............................
Potential to Emit ..............
9/4/2020
204.570 .............................
9/4/2020
204.580 .............................
Prevention of Significant
Deterioration (PSD)
Permit.
Process Unit ....................
204.590 .............................
Project .............................
9/4/2020
204.600 .............................
9/4/2020
204.610 .............................
Projected Actual Emissions.
Regulated NSR Pollutant
9/4/2020
204.620 .............................
Replacement Unit ............
9/4/2020
204.630 .............................
Repowering .....................
9/4/2020
204.640 .............................
Reviewing Authority .........
9/4/2020
204.650 .............................
Secondary Emissions ......
9/4/2020
204.660 .............................
Significant ........................
9/4/2020
204.670 .............................
9/4/2020
204.680 .............................
Significant Emissions Increase.
Stack in Existence ...........
9/4/2020
204.690 .............................
Stationary Source ............
9/4/2020
204.700 .............................
Subject to Regulation ......
9/4/2020
204.710 .............................
Temporary Clean Coal
Technology Demonstration Project.
9/4/2020
204.540 .............................
9/4/2020
9/4/2020
EPA approval date
Comments
September
Register
September
Register
September
Register
September
Register
September
Register
September
Register
September
Register
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
[Insert Federal
September
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September
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September
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9, 2021, [Insert Federal
citation].
9, 2021, [Insert Federal
citation].
9, 2021, [Insert Federal
citation].
September
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September
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September
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September
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September
Register
September
Register
September
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September
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September
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September
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September
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September
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September
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September
Register
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
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Subpart C: Major Stationary Sources in Attainment and Unclassifiable Areas
204.800 .............................
Applicability ......................
9/4/2020
204.810 .............................
Source Information ..........
9/4/2020
204.820 .............................
Source Obligation ............
9/4/2020
204.830 .............................
Permit Expiration .............
9/4/2020
204.840 .............................
Effect of Permits ..............
9/4/2020
204.850 .............................
Relaxation of a SourceSpecific Limitation.
Exemptions ......................
9/4/2020
204.860 .............................
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9, 2021,
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9, 2021,
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9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
[Insert Federal
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[Insert Federal
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Illinois citation
State effective
date
Title/subject
EPA approval date
Comments
Subpart D: Increment
204.900 .............................
Ambient Air Increments ...
9/4/2020
204.910 .............................
Ambient Air Ceilings ........
9/4/2020
204.920 .............................
Restrictions on Area Classifications.
Redesignation ..................
9/4/2020
204.930 .............................
9/4/2020
September
Register
September
Register
September
Register
September
Register
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
Subpart E: Stack Heights
204.1000 ...........................
Stack Heights ..................
9/4/2020
September 9, 2021, [Insert Federal
Register citation].
Subpart F: Requirements for Major Stationary Sources and Major Modifications in Attainment and Unclassifiable Areas
204.1100 ...........................
9/4/2020
204.1110 ...........................
Control Technology Review.
Source Impact Analysis ...
204.1120 ...........................
Air Quality Models ...........
9/4/2020
204.1130 ...........................
Air Quality Analysis .........
9/4/2020
204.1140 ...........................
Additional Impact Analyses.
9/4/2020
9/4/2020
September
Register
September
Register
September
Register
September
Register
September
Register
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
Subpart G: Additional Requirements for Class I Areas
204.1200 ...........................
Additional Requirements
for Sources Impacting
Federal Class I Areas.
9/4/2020
September 9, 2021, [Insert Federal
Register citation].
Subpart H: General Obligations of the Illinois Environmental Protection Agency
204.1300 ...........................
204.1310 ...........................
204.1320 ...........................
204.1330 ...........................
204.1340 ...........................
Notification of Application
Completeness to Applicants.
Transmittal of Application
to USEPA.
Public Participation ..........
Issuance Within One Year
of Submittal of Complete Application.
Permit Rescission ............
9/4/2020
September 9, 2021, [Insert Federal
Register citation].
9/4/2020
September
Register
September
Register
September
Register
9/4/2020
9/4/2020
9/4/2020
9, 2021, [Insert Federal
citation].
9, 2021, [Insert Federal
citation].
9, 2021, [Insert Federal
citation].
September 9, 2021, [Insert Federal
Register citation].
Subpart I: Nonapplicability Recordkeeping and Reporting
204.1400 ...........................
Recordkeeping and Reporting Requirements
for Certain Projects at
Major Stationary
Sources.
9/4/2020
September 9, 2021, [Insert Federal
Register citation].
Subpart J: Innovative Control Technology
204.1500 ...........................
Innovative Control Technology.
9/4/2020
September 9, 2021, [Insert Federal
Register citation].
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Subpart K: Plantwide Applicability Limitation
204.1600 ...........................
Applicability ......................
9/4/2020
204.1610 ...........................
Definitions ........................
9/4/2020
204.1620 ...........................
Actuals PAL .....................
9/4/2020
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Title/subject
204.1630 ...........................
Allowable Emissions ........
9/4/2020
204.1640 ...........................
Continuous Emissions
Monitoring System
(CEMS).
Continuous Emissions
Rate Monitoring System
(CERMS).
Continuous Parameter
Monitoring System
(CPMS).
Lowest Achievable Emission Rate (LAER).
Major Emissions Unit ......
9/4/2020
204.1650 ...........................
204.1660 ...........................
204.1670 ...........................
204.1680 ...........................
204.1690 ...........................
September 9, 2021, [Insert Federal
Register citation].
9/4/2020
September
Register
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September
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9/4/2020
204.1710 ...........................
PAL Effective Period .......
9/4/2020
204.1720 ...........................
PAL Major Modification ...
9/4/2020
204.1730 ...........................
PAL Permit ......................
9/4/2020
204.1740 ...........................
PAL Pollutant ...................
9/4/2020
204.1750 ...........................
9/4/2020
204.1770 ...........................
Predictive Emissions
Monitoring System
(PEMS).
Reasonably Achievable
Control Technology
(RACT).
Significant Emissions Unit
204.1780 ...........................
Small Emissions Unit ......
9/4/2020
204.1790 ...........................
9/4/2020
204.1850 ...........................
Permit Application Requirements.
General Requirements for
Establishing PAL.
Public Participation Requirements.
Setting the 10-Year
Actuals PAL Level.
Contents of the PAL Permit.
Effective Period and Reopening a PAL Permit.
Expiration of a PAL .........
204.1860 ...........................
Renewal of a PAL ...........
9/4/2020
204.1870 ...........................
Increasing the PAL During the PAL Effective
Period.
Monitoring Requirements
9/4/2020
204.1820 ...........................
204.1830 ...........................
204.1840 ...........................
204.1880 ...........................
204.1890 ...........................
204.1900 ...........................
204.1910 ...........................
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Recordkeeping Requirements.
Reporting and Notification
Requirements.
Transition Requirements
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9/4/2020
204.1700 ...........................
204.1810 ...........................
September
Register
September
Register
Comments
September 9, 2021, [Insert Federal
Register citation].
9/4/2020
204.1800 ...........................
EPA approval date
9/4/2020
Plantwide Applicability
Limitation (PAL).
PAL Effective Date ..........
204.1760 ...........................
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State effective
date
Illinois citation
9/4/2020
9, 2021,
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[Insert Federal
[Insert Federal
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[Insert Federal
9/4/2020
September 9, 2021, [Insert Federal
Register citation].
9/4/2020
September
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September
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September
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Register
September
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September
Register
September
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Register
September
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September
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9, 2021,
citation].
9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
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9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
September
Register
September
Register
September
Register
September
Register
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9/4/2020
9/4/2020
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9/4/2020
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9/4/2020
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Illinois citation
*
State effective
date
Title/subject
*
*
EPA approval date
*
Comments
*
*
*
Part 252: Public Participation in the Air Pollution Control Permit Program
Subpart A: Introduction
252.101 .............................
Purpose ...........................
6/10/2020
252.102 .............................
6/10/2020
252.103 .............................
Abbreviations and Acronyms.
Definitions ........................
6/10/2020
252.104 .............................
Applicability ......................
6/10/2020
252.105 .............................
Application for a PSD
Permit.
Consolidation ...................
6/10/2020
252.106 .............................
6/10/2020
September
Register
September
Register
September
Register
September
Register
September
Register
September
Register
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
[Insert Federal
Subpart B: Procedures for Public Review
252.201 .............................
252.202 .............................
252.203 .............................
252.204 .............................
252.205 .............................
252.206 .............................
252.207 .............................
252.208 .............................
252.209 .............................
252.210 .............................
252.211 .............................
*
Notice and Opportunity to
Comment.
Draft Permit .....................
6/10/2020
Project Summary, Statement of Basis, or Fact
Sheet.
Availability of Documents
6/10/2020
Opportunity for Public
Hearing.
Procedures for Public
Hearings.
Obligation to Raise Issues
and Provide Information
During the Public Comment Period for PSD
Permits.
Reopening of the Public
Comment Period for
PSD Permits.
Issuance of a Final PSD
Permit Decision.
Response to Comments
for a Final PSD Permit
Decision.
Administrative Record for
a Final PSD Permit Decision.
6/10/2020
*
*
*
*
*
3. In § 52.738, revise paragraphs (a)
and (b) to read as follows:
■
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Significant deterioration of air
(a) The requirements of sections 160
through 165 of the Clean Air Act are
met, except for sources seeking permits
to locate in Indian reservations within
the State of Illinois, and any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction.
(b) The provisions of § 52.21 except
paragraph (a)(1) are hereby incorporated
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citation].
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September
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September
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September
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9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
9, 2021,
citation].
[Insert Federal
[Insert Federal
[Insert Federal
September 9, 2021, [Insert Federal
Register citation].
6/10/2020
September
Register
September
Register
6/10/2020
6/10/2020
9, 2021, [Insert Federal
citation].
9, 2021, [Insert Federal
citation].
September 9, 2021, [Insert Federal
Register citation].
*
*
and made a part of the applicable State
plan for the State of Illinois for sources
seeking permits to locate in Indian
reservations or in any other area where
the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction.
*
*
*
*
*
[FR Doc. 2021–19234 Filed 9–8–21; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
[Insert Federal
6/10/2020
*
*
§ 52.738
quality.
6/10/2020
September
Register
September
Register
September
Register
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 281 and 282
[EPA–R04–UST–2020–0614; FRL–8817–01–
R4]
Tennessee: Final Approval of State
Petroleum Underground Storage Tank
Program Revisions, Codification, and
Incorporation by Reference
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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[Federal Register Volume 86, Number 172 (Thursday, September 9, 2021)]
[Rules and Regulations]
[Pages 50459-50470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19234]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0501, EPA-R05-OAR-2020-0502, EPA-R05-OAR-2020-0503;
FRL-8919-02-R5]
Air Plan Approval; Illinois; Prevention of Significant
Deterioration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Illinois State Implementation Plan (SIP) that were
submitted by the Illinois Environmental Protection Agency (IEPA) on
September 22, 2020, and amended on November 5, 2020, and March 3, 2021.
These revisions implement new preconstruction permitting regulations
for certain new or modified sources of air pollution in attainment and
unclassifiable areas under the Prevention of Significant Deterioration
(PSD) program of the Clean Air Act (CAA). EPA is also transferring to
IEPA responsibility for administering existing PSD permits that EPA
previously issued to sources in Illinois, and for processing any PSD
permit actions related to such permits.
DATES: This final rule is effective on October 12, 2021.
ADDRESSES: EPA has established dockets for this action under Docket ID
Nos. EPA-R05-OAR-2020-0501, EPA-R05-OAR-2020-0502, and EPA-R05-OAR-
2020-0503. All documents in the docket are listed on the
www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the 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 and facility
closures due to COVID-19. We recommend that you telephone David Ogulei,
Environmental Engineer, at (312) 353-0987 before visiting the Region 5
office.
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.
I. Background.
II. Summary of EPA Analysis.
III. What comments did we receive on the proposed rule?
IV. What action is EPA taking?
V. Incorporation by Reference.
VI. Statutory and Executive Order Reviews.
I. Background
Section 110(a)(2)(C) of the CAA requires that each SIP include a
program to provide for the regulation of the construction and
modification of stationary sources within the areas covered by the SIP.
We refer to these as the New Source Review (NSR) provisions. They
consist primarily of: (1) A permit program as required by part C of
subsection I of the CAA, PSD, as necessary to assure that national
ambient air quality standards (NAAQS) are achieved; (2) a permit
program as required by part D of subsection I of the CAA, Plan
Requirements for Nonattainment Areas, as necessary to assure that NAAQS
are attained and maintained in ``nonattainment areas'' (known as
``nonattainment NSR''), and (3) a permit program for minor sources and
minor modifications of major sources as required by section
110(a)(2)(C) of the CAA. Specific plan requirements for an approvable
PSD SIP are provided in sections 160-169 of the CAA and the
implementing regulations at 40 CFR 51.166. The requirements applicable
to SIP requirements for nonattainment areas are provided in sections
171-193 of the CAA and the implementing regulations at 40 CFR 51.165.
The Federal PSD requirements at 40 CFR 52.21 apply through Federal
Implementation Plans (FIPs) in states without a SIP-approved PSD
program.
The PSD SIP requirements apply to new major sources or major
modifications at existing major stationary sources for pollutants where
the area the source is located has been designated as ``attainment'' or
``unclassifiable'' with respect to the NAAQS under section 107(d) of
the CAA. Under section 160 of the CAA, the purposes of the PSD program
are to: (1) Protect public health and welfare; (2) preserve, protect
and enhance the air quality in national parks, national wilderness
areas, national monuments, national seashores, and other areas of
special national or regional natural, recreational, scenic, or historic
value; (3) ensure that economic growth will occur in a manner
consistent with the preservation of existing clean air resources; (4)
assure that emissions from any source in any State will not interfere
with any portion of the applicable implementation plan to prevent
significant deterioration of air quality for any other State; and (5)
assure that any decision to permit increased air pollution in any area
to which the PSD program applies is made only after careful evaluation
of all the consequences of such a decision and after adequate
procedural opportunities for informed public participation in the
decision making process.
Before a PSD permit can be issued, the stationary source must
demonstrate that the new major source or major modification will be
equipped with the Best Available Control Technology (BACT) for all
po11utants regulated under the PSD program that are emitted in
significant amounts, and that increased emissions from the project will
not result in a violation of the NAAQS or applicable ambient air
quality increments. See CAA section 165.
Because Illinois does not currently have a SIP-approved PSD
program, PSD permits in Illinois have been issued under a FIP
incorporating the requirements of 40 CFR 52.21. Prior to April 7, 1980,
EPA was solely responsible for, and operated, the PSD permitting
program in Illinois. However, since April 7, 1980, IEPA has issued PSD
permits under a delegation agreement with EPA that authorizes IEPA to
implement the FIP. See 46 FR 9580 (Jan. 29, 1981) (1980 Delegation
Agreement). Under a November 16, 1981 amendment to the 1980 Delegation
Agreement,\1\ IEPA also has the authority to amend or revise any PSD
permit issued by EPA under the FIP. Thus, all PSD permits issued in
Illinois are currently considered Federal permits; and PSD permits
issued after April 7, 1980, are enforceable by Illinois and EPA since
they were issued under both Illinois and EPA authority.
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\1\ A copy of this amendment to the delegation agreement is
available in the docket for this action.
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On September 22, 2020, IEPA submitted to EPA a request to revise
the Illinois SIP to establish a SIP-approved PSD program in Illinois.
Specifically, IEPA requested that EPA incorporate
[[Page 50460]]
into the SIP the following: (1) Amendments to Title 35 Illinois
Administrative Code (35 Ill. Adm. Code) Part 203, Major Stationary
Source Construction and Modification; (2) new regulations at 35 Ill.
Adm. Code Part 204, Prevention of Significant Deterioration; (3)
amendments to 35 Ill. Adm. Code Part 211, Definitions and General
Provisions; \2\ and (4) amendments to 35 Ill. Adm. Code Part 252,
Public Participation in the Air Pollution Control Permit Program. The
amendments to 35 Ill. Adm. Code Parts 203 and 211 update these rules to
refer to permitting pursuant to 35 Ill. Adm. Code Part 204, as well as
to 40 CFR 52.21. These amendments to 35 Ill. Adm. Code Parts 203 and
211 involve regulations that EPA has previously approved into the
Illinois SIP for purposes of other provisions of the CAA (excluding the
PSD program). See 40 CFR 52.720(c). On November 5, 2020, IEPA submitted
additional information clarifying how it intends to implement specific
provisions identified by EPA, and how it plans to correct any
typographical errors or omissions that EPA identified in its October
22, 2020 review of IEPA's September 2020 submittal. Additionally, on
March 3, 2021, IEPA submitted a request to withdraw a portion of the
submitted amendments, 35 Ill. Adm. Code 252.301, from approval into the
SIP. This provision applies to EPA's review of title V permits issued
by IEPA.
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\2\ IEPA's September 2020 submittal also addressed Illinois'
Infrastructure SIP requirements under sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and 110(a)(2)(J) of the CAA
for all of the following NAAQS: 2008 lead, 2010 nitrogen dioxide,
1997 ozone, 2008 ozone, 2015 ozone, 1997 particulate matter with
aerodynamic diameter less than 2.5 microns (PM2.5), 2006
PM2.5, 2012 PM2.5, and 2010 sulfur dioxide.
This action does not address the infrastructure SIP portion of
IEPA's submittal. EPA plans to address those requirements in a
separate action.
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On April 28, 2021, EPA issued a notice of proposed rulemaking
(proposed rule) in which we proposed to find that IEPA's proposed
regulations and amendments meet the requirements of sections 160-169 of
the CAA and the implementing regulations at 40 CFR 51.166. See 86 FR
22372. We explained in the preamble to the proposed rule that, with a
few exceptions, IEPA's PSD regulations at 35 Ill. Adm. Code Part 204
and 35 Ill. Adm. Code Part 252 largely mirror the Federal regulations
at 40 CFR 52.21 and 40 CFR part 124, respectively. We proposed to
approve IEPA's PSD regulations contained in 35 Ill. Adm. Code Parts 204
and 252 to apply statewide, except in Indian reservations. For the
facilities in Indian reservations in the State, and any other area
where EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction, the PSD FIP incorporating 40 CFR 52.21 would continue to
apply and EPA would retain responsibility for issuing permits affecting
such sources.
In this final action, EPA finds that IEPA's regulations at 35 Ill.
Adm. Code Part 204 and the amendments to 35 Ill. Adm. Code Parts 203,
211 and 252 meet the requirements of sections 160-169 of the CAA and
the minimum program requirements of 40 CFR 51.166. EPA is therefore
approving these regulations and amendments into the Illinois SIP and is
codifying this approval in the Federal regulations at 40 CFR 52.720.
Upon the effective date of this approval, PSD permits issued by IEPA
will be issued under state authority and will no longer be considered
Federal actions. However, such PSD permits will continue to be
federally enforceable as defined at 40 CFR 51.166(b)(17).
This action also transfers to IEPA responsibility for administering
existing PSD permits that EPA previously issued to sources in Illinois
pursuant to the FIP, and for processing any PSD permit actions related
to such permits.
II. Summary of EPA Analysis
A. Procedural Requirements
For the reasons discussed in the proposed rule, EPA finds that IEPA
has satisfied the procedural requirements for a SIP submittal as set
forth in 40 CFR 51.102, 51.103 and 40 CFR part 51, appendix V.
B. 35 Ill. Adm. Code Part 203 (Major Stationary Source Construction and
Modification)
For the reasons discussed in the proposed rule, EPA is approving
IEPA's amendments to 35 Ill. Adm. Code Part 203. The amendments update
certain provisions in this regulation such that they refer to permits
issued under 40 CFR 52.21 or 35 Ill. Adm. Code Part 204, Illinois' new
regulation for a state PSD permitting program. Specifically, EPA is
approving amendments to 35 Ill. Adm. Code 203.207(a), (c)(2), (c)(3),
(c)(5), (c)(6), (e) and (f). Accordingly, upon the effective date of
this final action, IEPA will issue PSD permits under 35 Ill. Adm. Code
Part 204, but permits previously issued under 40 CFR 52.21 will
continue to be effective unless rescinded or otherwise rendered
invalid.
C. 35 Ill. Adm. Code Part 204
Under 40 CFR 51.166(a)(7)(iv), each SIP shall contain the specific
provisions of 40 CFR 51.166(a)(7)(iv)(a) through (f). EPA will approve
deviations from these provisions only if the State specifically
demonstrates that the submitted provisions are more stringent than, or
at least as stringent, in all respects as the corresponding provisions
in 40 CFR 51.166(a)(7)(iv)(a) through (f). Additionally, 40 CFR
51.166(b) requires that all SIPs shall use the definitions in 40 CFR
51.166(b) for the purposes of 40 CFR 51.166 and that deviations from
the wording of those definitions will be approved only if the State
specifically demonstrates that the submitted definition is more
stringent, or at least as stringent, in all respects as the
corresponding definitions in 40 CFR 51.166(b).
EPA finds that IEPA's PSD regulation is more stringent than, or at
least as stringent, in all respects as the corresponding provisions in
40 CFR 51.166. While IEPA has submitted provisions that differ in some
respects from the provisions in 40 CFR 51.166, as discussed in detail
in the proposed rule,\3\ we find that those differences do not render
IEPA's regulation less stringent than the corresponding Federal
language at 40 CFR 51.166.
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\3\ See 86 FR 22374-22380.
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D. 35 Ill. Adm. Code Part 211 (Definitions and General Provisions)
In the proposed rule, EPA proposed to approve amendments to 35 Ill.
Adm. Code Part 211 that updated certain provisions in this regulation
such that they refer to permits issued under 40 CPR 52.21 or 35 Ill.
Adm. Code Part 204. Specifically, EPA proposed to approve amendments to
35 Ill. Adm. Code 211.7150(b) and (d), with a state effective date of
September 4, 2020. On June 16, 2021, EPA approved into the Illinois SIP
a more recent version of this regulation, with a state effective date
of October 20, 2020. See 86 FR 31920. The October 20, 2020 version of
35 Ill. Adm. Code Part 211, as EPA approved on June 16, 2021, contains
the changes that IEPA requested in its September 22, 2020 submittal for
this action. Therefore, EPA is not acting on this portion of the
submittal in this action.
E. 35 Ill. Adm. Code Part 252 (Public Participation)
For the reasons discussed in the proposed rule, EPA is approving
into the SIP IEPA's regulations at 35 Ill. Adm. Code Part 252, except
35 Ill. Adm. Code 252.301. EPA finds that IEPA's amendments to 35 Ill.
Adm. Code Part 252 meet the CAA requirements for public participation
for the PSD program as set forth in 40 CFR 51.161 and 51.166(q), and
are substantially identical to the public participation
[[Page 50461]]
requirements in 40 CFR part 124 that are pertinent to the currently-
applicable FIP incorporating 40 CFR 52.21. EPA is not including in its
final approval 35 Ill. Adm. Code 252.301 because IEPA withdrew this
provision from its submittal, and it is not a required element of a PSD
SIP.
F. Personnel, Funding, and Authority
Section 110(a)(2)(E)(i) of the CAA requires states to have adequate
personnel, funding, and authority under state law to carry out a SIP.
EPA finds that IEPA has authority under state law to issue PSD permits.
Specifically, sections 9.l(d)(l) and (2) of the Illinois Environmental
Policy Act (Illinois Act), 415 ILCS 5/9.l(d)(l) and (2), specify that
no person shall violate any provisions of sections 111, 112, 165, or
173 of the CAA, as now or hereafter amended, or the implementing
Federal regulations; or construct, install, modify or operate any
equipment, building, facility, source or installation which is subject
to regulation under sections 111, 112, 165, or 173 of the CAA, as now
or hereafter amended, except in compliance with the requirements of
such sections and Federal regulations adopted pursuant thereto. The
Illinois Act further specifies that no such action shall be undertaken
without a permit granted by IEPA whenever a permit is required pursuant
to the Illinois Act or the implementing state regulations, or section
111, 112, 165, or 173 of the CAA or implementing Federal regulations,
or in violation of any conditions imposed by such permit. Consistent
with the Illinois Act, 35 Ill. Adm. Code 204.820 and 204.850 require
that a source may construct or operate any source or modification
subject to PSD permitting only after obtaining an approval to construct
or PSD permit. IEPA would have the ability to rescind such PSD permit
under 35 Ill. Adm. Code 204.1340.
As discussed in the proposed rule, and in response to comments
below, EPA finds that IEPA has provided the necessary assurances that
it has adequate personnel and funding to implement PSD permitting
activities in Illinois, including an adequate number of full-time
construction permit staff and revenue stream from permit fees to
administer a PSD program in Illinois.
G. EPA Oversight Authority
In approving state NSR rules into SIPs, EPA has a responsibility to
ensure that all states properly implement their SIP-approved
preconstruction permitting programs. Accordingly, EPA will conduct
appropriate oversight to ensure that permits issued by IEPA are
consistent with the requirements of the CAA, Federal regulations, and
the SIP.
EPA's authority to oversee NSR permit program implementation is set
forth in sections 113 and 167 of the CAA. For example, section 167
authorizes EPA to issue administrative orders, initiate civil actions,
or take whatever other action may be necessary to prevent the
construction or modification of a major stationary source that does not
``conform to the requirements of'' the PSD program. Section 113(a)(1)
of the CAA provides for a range of enforcement remedies whenever EPA
finds that a person is in violation of an applicable implementation
plan. Likewise, section 113(a)(5) of the CAA provides for
administrative orders and civil actions whenever EPA finds that a state
``is not acting in compliance with'' any requirement or prohibition of
the CAA regarding the construction of new sources or modification of
existing sources.
Under 40 CFR 51.166(a)(4), IEPA is obligated to review the
continued adequacy of its approved SIP ``on a periodic basis and within
60 days of such time as information becomes available that an
applicable increment is being violated.''
III. What comments did we receive on the proposed rule?
Our proposed rule provided a 30-day public comment period. See 86
FR at 22372. During the comment period, which closed on May 28, 2021,
we received both adverse and supportive comments. We received comments
in support of our proposed rule from the Illinois Environmental
Regulatory Group. We received adverse consolidated comments from
Earthjustice, Environmental Law & Policy Center, and Sierra Club. We
respond to the adverse comments in this section.
Comment: The commenters assert that EPA cannot approve Illinois'
PSD program into the SIP because IEPA has not provided necessary
assurances that it will have adequate personnel, funding, and authority
under State law to carry out the SIP, as required by section
110(a)(2)(E) of CAA. The commenters allege that IEPA has for many years
been understaffed and under-resourced to handle its existing volume of
regulatory obligations. Citing findings by EPA (including by the Office
of Inspector General (OIG)) and other studies, the commenters argue
that: (1) IEPA's title V program has longstanding funding and permit
processing issues, including a title V permit backlog above EPA's
recommended level as recently as 2017, suggesting the same issues will
arise with the PSD program; (2) IEPA staff has declined since 1980 (and
by nearly 50% in the Bureau of Air during the period 2003-2018); (3)
there is no general fund appropriation for IEPA; and (4) delays of
permit appeals at the Illinois Pollution Control Board (IPCB) suggest
personnel and funding issues in that body, which would delay resolution
of PSD permit appeals. The commenters allege that IEPA has not
demonstrated that the staffing and resource shortages already plaguing
it have been resolved, nor has it shown that IEPA or the IPCB have the
sufficient staff and resources necessary to equip them to implement the
PSD program. The commenters also assert that funding and staffing
shortfalls place a disproportionate burden on Environmental Justice
(EJ) communities by delaying the review and enforcement of
noncompliance with permits for sources that are disproportionately
located in EJ communities. As a result, the commenters assert that
authorizing IEPA to administer the PSD program would be inconsistent
with IEPA's and EPA's EJ obligations.
EPA Response: EPA acknowledges that IEPA, like many other
permitting authorities, has seen staff and funding decline over the
years due to reduced legislative budget allocations, facility shutdowns
(particularly by large emitters such as coal-fired power plants), and
other factors. However, we disagree with the commenters' assertion that
IEPA has not met its burden to provide the necessary assurances that it
will have adequate personnel and funding under State law to administer
a SIP-approved PSD program in Illinois.\4\ While CAA section
110(a)(2)(E) requires each state to provide necessary assurances that
the state will have adequate personnel, funding, and authority under
state law to carry out the SIP, it does not mandate a specific
methodology for EPA to use when evaluating the adequacy of resources to
implement the SIP. See 76 FR 42549, 42554 (July 19, 2011). The scope of
this action is limited to determining whether the Illinois SIP meets
certain infrastructure requirements of CAA section 110(a)(2)(E) with
respect to funding and personnel for purposes of implementing the
approved SIP. As discussed in the proposed rule, IEPA has issued PSD
permits under the delegation agreement with EPA since 1980, and the
staff of engineers and air
[[Page 50462]]
quality modelers who supported IEPA in its issuance of PSD permits
under the delegation agreement will continue to support IEPA's issuance
of PSD permits under a SIP-approved PSD program. In its submittal, IEPA
stated it currently has nine full time construction permit engineers
that perform construction permit activities, and that it has an
adequate revenue stream from permit fees to support such activities.
The commenters have not provided information that would rebut these
statements from IEPA's submittal; rather, commenters provide
information that is not relevant to approval of Illinois' PSD program,
or that otherwise does not support commenters' allegations of
inadequate personnel or funding for IEPA to implement the PSD program.
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\4\ The commenters provided no evidence to contest EPA's finding
that IEPA has provided necessary assurances that it will have
adequate authority under State law to carry out the SIP.
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EPA's evaluation of Illinois' submittal with respect to funding and
personnel is based, in part, upon various sources of funding available
to the state, state statutes and rules pursuant to CAA section
110(a)(2), and IEPA's fulfillment of grant obligations. CAA section 105
grants provide monies to help support the foundation of the state's air
quality program, including air monitoring, enforcement, and SIP
development. States are required to provide matching monies to receive
their grant, and EPA evaluates the performance of the State each year.
As of fiscal year 2020, Illinois has satisfactorily completed its air
program obligations as called for under the CAA section 105 grant,
including meeting specific measures related to NSR program
implementation and maintenance of an EPA-approved statewide air quality
surveillance network required by section 110(a)(2)(B) of the CAA.
To the extent the commenters address the adequacy of personnel or
funding for Illinois' title V program, they are addressing issues that
are subject to statutory and regulatory evaluation that are beyond the
scope of this rulemaking. CAA section 110(a)(2) falls under title I of
the CAA and governs the implementation, maintenance, and enforcement of
the NAAQS through the SIP. CAA section 110 and 40 CFR part 51 provide
mechanisms for programmatic remedies with respect to the SIP. Title I
also addresses NSR preconstruction permits for new or modified minor
and major sources. The title V program, by contrast, governs operating
permits for existing sources and is addressed by CAA sections 502
through 507. Any evaluation of the title V program and any consequent
programmatic remedies must be done pursuant to CAA section 502 and 40
CFR part 70.
Title V programs are generally not part of the SIP, and thus are
not part of the requirements of CAA section 110(a)(2); moreover, CAA
section 502(b)(3) requires not only that title V program fees cover the
reasonable direct and indirect costs of developing and administering
the title V program, but also requires that the fees be used only to
cover those costs. See 76 FR 43906, 43910 (July 22, 2011) and 79 FR
62042, 62045 (Oct. 16, 2014). Due to the distinct and self-
administering nature of the title V program, we disagree that alleged
flaws in Illinois' title V program would prevent EPA from approving a
SIP submittal under CAA section 110(a)(2).\5\
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\5\ In criticizing Illinois' title V program, commenters rely in
part on EPA's Review of Illinois Environmental Protection Agency's
New Source Review and Title V Permit Programs (Sept. 2017) (the
``2017 Review''). That review noted several improvements in IEPA's
processing of PSD permits, including that it had been ``issuing all
PSD permits within 180 days of receiving a complete application,
well within the timeframe required by EPA's rules'' and had
``entered into the [RACT/BACT/LAER Clearinghouse] all BACT/LAER
determinations for issued and effective permits.'' 2017 Review at 5,
7.
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Commenters rely on a 2019 study of funding and staffing issues at
the IEPA, including in the Bureau of Air, to suggest that the decline
in IEPA staff since 1980 would compromise implementation of an approved
Illinois PSD program.\6\ We noted earlier in this section the specific
staff allocation that IEPA made in its submittal for implementing the
PSD program. In addition, since the 2019 study was published, staff in
IEPA's Bureau of Air has increased from 157 to an estimated 167 (with
190 targeted for FY 2021), and the enacted appropriation for the Bureau
of Air has increased from $88,964,000 in FY 2019 to $140,825,800 in FY
2020 (with $156,808,200 proposed for FY 2021).\7\
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\6\ See Mark Templeton et al., Protecting the Illinois EPA's
Health, so that It Can Protect Ours (Nov. 2019), available at
https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1000&context=abrams.
\7\ See Ill. Office of Mgmt. & Budget, Exec. Office of the
Governor, Ill. State Operating Budget, Fiscal Year 2021, available
at https://www2.illinois.gov/sites/budget/Documents/Budget%20Book/FY2021-Budget-Book/Fiscal-Year-2021-Operating-Budget-Book.pdf. This
is consistent with EPA's previous finding that ``IEPA has made
improvements to its permit issuance timeliness through various
efforts, including . . . additional staffing.'' 2017 Review at 11.
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If, in the future, EPA determines that Illinois does not have
adequate personnel or funding to carry out its SIP, or for any other
reason fails to meet any requirement of its approved SIP, then EPA may
exercise its authority pursuant to CAA sections 110(a)(2)(E), 179, or
110(k)(5) to impose sanctions and other remedies on the State as
allowed by the CAA. The action that EPA is taking here does not limit
EPA's authority pursuant to those CAA sections. See also 77 FR 58955,
58957-8 (Sept. 25, 2012).
With respect to the concerns regarding the IPCB, the commenters
have provided no information for EPA to conclude that personnel or
funding shortfalls have contributed to delays in IPCB permit appeal
proceedings. There are many factors that could have resulted in lengthy
permit appeal proceedings (including filing of motions for delays by
the appellant or responding party). One such factor, discussed in EPA's
2017 Review, was that the IPCB formerly would stay title V permits in
their entirety during an appeals process.\8\ In 2010, Illinois enacted
legislation allowing the IPCB to stay the effectiveness of any or all
uncontested conditions of a title V permit if the IPCB determines that
the uncontested conditions would be affected by its review of contested
conditions. See 415 ILCS 5/40.2(f). As a result of this legislation, as
well as IEPA's efforts to resolve appeals and issue affected permits,
the number of unresolved appeals has decreased significantly since
2005.
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\8\ See 2017 Review at 21.
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Finally, EPA is committed to advancing EJ and incorporating equity
considerations into all aspects of our work, including ongoing
development of practices to better assess and consider impacts to
pollution-burdened communities in our analysis, permitting, and
enforcement activities. At this time EPA does not have, nor did
commenters provide, information that would suggest that approval of
Illinois' PSD program has the potential to result in disproportionately
high and adverse human health or environmental impacts on vulnerable
populations or overburdened communities; however, EPA is also not
currently in a position to make a determination to this effect. As we
work to define EJ best practices at EPA, we will continue to work with
IEPA and other stakeholders to ensure that robust analyses are
conducted to assess the full EJ implications of siting individual
facilities in communities already overburdened by pollution.
Comment: The commenters object to IEPA removing the requirement
that limits on the potential to emit (PTE) taken to avoid major NSR
must be ``federally enforceable''; IEPA would instead require such
limits to be ``federally enforceable or legally and practicably
enforceable by a state or local air pollution control agency.'' 35
[[Page 50463]]
Ill. Adm. Code 204.560 (definition of ``potential to emit''). The
commenters assert that, if accepted into the SIP, this would allow IEPA
to issue minor NSR permits without public notice and an opportunity for
public comment because a source could be minor solely on the basis of
State-enforceable restrictions on PTE. Specifically, the commenters
assert that the Illinois rules governing the categories of permits
subject to public comment before issuance (35 Ill. Adm. Code 252.104
and 252.201) include sources that would be major sources except for
their federally enforceable restrictions, but do not include sources
that would be major except for state or locally enforceable
restrictions. This, the commenters allege, means that IEPA could issue
permits establishing PTE limits without public notice and an
opportunity for comment. The commenters allege that eliminating the
requirement for an opportunity for public comment on draft PTE limits
would violate EPA's minor NSR regulations at 40 CFR 51.161.
EPA Response: We disagree with the commenters. First, as discussed
in the proposed rule, IEPA's proposed revision of the PTE definition at
35 Ill. Adm. Code 204.560 is consistent with past court decisions and
related EPA guidance that establish that the term ``potential to emit''
must encompass all legally enforceable emission limitations that
restrict a source's emissions. In Chemical Manufacturers Association v.
EPA, 70 F. 3d 637 (D.C. Cir. 1995) and National Mining Association v.
EPA, 59 F.3d 1351, 1362-63 (D.C. Cir. 1995), the term ``federally
enforceable'' was vacated in the definition of PTE (e.g., 40 CFR
51.166(b)(4)), and in subsequent memoranda, EPA stated it interpreted
the term ``federally enforceable'' to mean ``federally enforceable or
legally and practicably enforceable by a state or local air pollution
control agency'' (emphasis added).\9\ The memoranda reiterate EPA's
earlier guidance on permit conditions restricting potential to emit
that are enforceable as a practical matter. For example, practicable
enforceability for a source-specific permit means that the permit's
provisions must, at a minimum: (1) Be technically accurate and identify
which portions of the source are subject to the limitation; (2) specify
the time period for the limitation (hourly, daily, monthly, and annual
limits such as rolling annual limits); (3) be independently enforceable
and describe the method to determine compliance, including appropriate
monitoring, recordkeeping, and reporting; (4) be permanent; and (5)
include a legal obligation to comply with the limit.\10\ IEPA's PTE
definition is consistent with the relevant court decisions and EPA's
interpretation of those decisions, requiring the limits to be
``federally enforceable or legally and practicably enforceable by a
state or local air pollution control agency.'' It is therefore
appropriate for Illinois to use that phrase in place of ``federally
enforceable'' alone.
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\9\ See, e.g., Release of Interim Policy on Federal
Enforceability of Limitations on Potential to Emit at 3-4 (Jan. 22,
1996), available at https://www.epa.gov/sites/default/files/2015-07/documents/pottoemi.pdf.
\10\ See Memorandum entitled, ``Guidance on Limiting Potential
to Emit in New Source Permitting,'' from Terrell F. Hunt, Associate
Enforcement Counsel, Office of Enforcement and Compliance Assurance
(OECA), and John Seitz, Director, Office of Air Quality Planning and
Standards (OAQPS), to EPA Regional Offices (Jun. 13, 1989), and
Memorandum entitled, ``Options for Limiting the Potential to Emit
(PTE) of a Stationary Source Under Section 112 and Title V of the
Clean Air Act (Act),'' from John Seitz, Director, OAQPS and Robert
I. Van Heuvelen, Director, ORE to Regional Air Directors (Jan. 25,
1995).
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Second, although Illinois' notice and comment procedures for
synthetic minor NSR sources are beyond the scope of this action, IEPA
cannot avoid notice and comment on a synthetic minor NSR permit for a
source that has taken State-enforceable restrictions on PTE. Under CAA
section 110(a)(2)(C), State minor NSR programs approved under the SIP,
and the permits issued thereunder, are always federally enforceable.
See also 40 CFR 52.23 and CAA section 113(b)(1).\11\ Under 35 Ill. Adm.
Code 252.104 and 252.201, in addition to providing public notice for
major NSR and title V permit actions, IEPA must provide public notice
for the planned issuance of the following minor NSR permits: Permits
for the construction of a source or a modification of a source that
would constitute a new major stationary source or a major modification
of a major stationary source, if the source or modification were not
accompanied by contemporaneous emissions decreases or if federally
enforceable significant restrictions were not placed on the source or
modification by the permit; permits to operate sources that contain
federally enforceable conditions, including permits that exclude
sources from the applicability of the permitting requirements described
in 35 Ill. Adm. Code 252.104(a)(1), (a)(2) or (a)(5); and permits for
the construction of a source of public interest or emission units of
public interest at a source, the criteria for which are outlined in 35
Ill. Adm. Code 252.104(b). Thus, as relevant to synthetic minor NSR
permits, IEPA's regulations do not provide any exemption from public
notice and comment for permits for new sources or modifications that
would be major sources or major modifications but accept enforceable
restrictions on PTE such that the new source or modification becomes a
minor source. Consistent with CAA section 110(a)(2)(C), the PTE
definition in 40 CFR 51.166(b)(4) and IEPA's public participation
requirements at 35 Ill. Adm. Code 252.104(a)(3), (a)(6) and 252.201(a),
permits for such sources or modifications must be public noticed
regardless of the new level of allowable emissions (after taking into
account the federally enforceable restrictions on emissions or any
contemporaneous emissions decreases). For these reasons, IEPA cannot
avoid notice and comment on synthetic minor NSR permits for sources
accepting only State-enforceable restrictions on PTE.
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\11\ See also Federal Enforceability of State's Existing Minor
New Source Review (NSR) Programs (Nov. 2, 1994), available at
https://www.epa.gov/nsr/federal-enforceability-states-existing-minor-new-source-review-nsr-programs.
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Although not a condition of this approval, EPA expects IEPA to
implement the PTE definition in a manner that is consistent with the
courts' decisions, IEPA's PTE definition in 35 Ill. Adm. Code 204.560
and the public participation requirements in 35 Ill. Adm. Code 252.104
and 252.201, and EPA rules as discussed above. IEPA's enforcement
program must continue to provide sufficient incentive for sources to
comply with permit limits. Permit limits must be enforceable as a
practical matter (i.e., practicably enforceable), and PTE limits must
be subjected to appropriate public notice and comment consistent with
40 CFR 51.161 and IEPA's SIP-approved public participation regulations.
If, in the future, IEPA does not implement its PTE definition
consistent with its SIP-approved regulations or the CAA and its
implementing regulations (including, but not limited to, not public
noticing PTE limits or establishing limits that are not practicably
enforceable), EPA could find that IEPA has failed to adequately
administer or enforce its PSD program and may take action to notify
IEPA of such a finding as authorized by sections 110(a)(2)(E), 179, or
110(k)(5) of the CAA.
Further, in response to a recent report by the OIG regarding EPA's
oversight of synthetic minor permits, EPA has committed to identifying
state, local, and tribal agencies whose program regulations, including
but not limited to, minor NSR and federally enforceable state operating
permit program
[[Page 50464]]
regulations and corresponding practices, do not meet the public
participation requirements contained in the applicable EPA regulations,
e.g., 40 CFR 51.161.\12\ For the identified agencies, EPA expects to
take appropriate corrective steps, which may include constructive,
informal, and formal engagement with those agencies.
---------------------------------------------------------------------------
\12\ See https://www.epa.gov/system/files/documents/2021-07/_epaoig_20210708-21-p-0175.pdf.
---------------------------------------------------------------------------
IV. What action is EPA taking?
A. Scope of EPA Action
EPA is approving revisions to the Illinois SIP that IEPA submitted
on September 22, 2020 and amended on November 5, 2020, and March 3,
2021. These revisions implement the PSD preconstruction permitting
regulations for certain new or modified sources in attainment and
unclassifiable areas. Currently, the PSD program in Illinois is
operated under the FIP incorporating 40 CFR 52.21. EPA is approving
IEPA's PSD regulations contained in 35 Ill. Adm. Code Parts 204 and 252
to apply statewide, except in Indian reservations.
EPA is excluding from the scope of this final approval all Indian
reservations in the State, and any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. For the
facilities in these geographic areas, the PSD FIP incorporating 40 CFR
52.21 will continue to apply and EPA will retain responsibility for
issuing permits affecting such sources.
B. Rules Approved and Incorporated by Reference Into the SIP
EPA approves into the Illinois SIP at 40 CFR 52.720, the following
regulations: 35 Ill. Adm. Code 203.207 ``Major Modification of a
Source'' and 35 Ill. Adm. Code Part 204 ``Prevention of Significant
Deterioration,'' effective September 4, 2020; and 35 Ill. Adm. Code
Part 252 ``Public Participation in the Air Pollution Control Program'',
except 35 Ill. Adm. Code sections 252.301 and 252.401, effective June
10, 2020.
C. Transfer of Authority for Existing EPA-Issued PSD Permits
Since April 7, 1980, IEPA has had full delegation to implement the
PSD permitting program under the FIP. 46 FR 9580 (Jan. 29, 1981). Thus,
PSD permits issued by IEPA on or after April 7, 1980, were issued under
both state and EPA authority. Prior to delegation of the PSD permitting
program to IEPA on April 7, 1980, EPA issued several PSD permits for
sources in Illinois.\13\ In an April 14, 1982 amendment to the terms of
the 1980 delegation agreement, EPA delegated to IEPA the authority to
amend or to revise any permits that had been previously issued by EPA.
---------------------------------------------------------------------------
\13\ EPA issued at least 18 such permits; however, some of the
affected facilities may no longer exist. The full listing of these
facilities is available in the docket for this action.
---------------------------------------------------------------------------
In this action, EPA is granting IEPA authority to fully administer
the PSD program with respect to those sources under IEPA's permitting
jurisdiction that have existing PSD permits issued solely by EPA on or
before April 7, 1980. This includes authority to conduct general
administration of these existing permits, authority to process and
issue any subsequent PSD permit actions relating to such permits (e.g.,
modifications, amendments, or revisions of any nature), and authority
to enforce such permits. IEPA has demonstrated adequate authority to
enforce and modify these permits.
V. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Illinois
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov, and at the EPA Region
5 Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference in the next update to the SIP compilation.
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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate,
[[Page 50465]]
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
A major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 8, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see CAA section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 30, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.720, the table in paragraph (c) is amended by:
0
a. Revising the entry ``203.207'' under the heading ``Subpart B: Major
Stationary Sources in Nonattainment Areas''.
0
b. Adding, in alphanumeric order after the entry ``203.801'':
0
i. The headings ``Part 204: Prevention of Significant Deterioration''
and ``Subpart A: General Provisions'' and the entries ``204.100'',
``204.110'', and ``204.120'';
0
ii. The heading ``Subpart B: Definitions'' and the entries ``204.200'',
``204.210'', ``204.220'', ``204.230'', ``204.240'', ``204.250'',
``204.260'', ``204.270'', ``204.280'', ``204.290'', ``204.300'',
``204.310'', ``204.320'', ``204.330'', ``204.340'', ``204.350'',
``204.360'', ``204.370'', ``204.380'', ``204.390'', ``204.400'',
``204.410'', ``204.420'', ``204.430'', ``204.440'', ``204.450'',
``204.460'', ``204.470'', ``204.480'', ``204.490'', ``204.500'',
``204.510'', ``204.520'', ``204.530'', ``204.540'', ``204.550'',
``204.560'', ``204.570'', ``204.580'', ``204.590'', ``204.600'',
``204.610'', ``204.620'', ``204.630'', ``204.640'', ``204.650'',
``204.660'', ``204.670'', ``204.680'', ``204.690'', ``204.700'', and
``204.710'';
0
iii. The heading ``Subpart C: Major Stationary Sources in Attainment
and Unclassifiable Areas'' and the entries ``204.800'', ``204.810'',
``204.820'', ``204.830'', ``204.840'', ``204.850'', and ``204.860'';
0
iv. The heading ``Subpart D: Increment'' and the entries ``204.900'',
``204.910'', ``204.920'', and ``204.930'';
0
v. The heading ``Subpart E: Stack Heights'' and the entry ``204.1000'';
0
vi. The heading ``Subpart F: Requirements for Major Stationary Sources
and Major Modifications in Attainment and Unclassifiable Areas'' and
the entries ``204.1100'', ``204.1110'', ``204.1120'', ``204.1130'', and
``204.1140'';
0
vii. The heading ``Subpart G: Additional Requirements for Class I
Areas'' and the entry ``204.1200'';
0
viii. The heading ``Subpart H: General Obligations of the Illinois
Environmental Protection Agency'' and the entries ``204.1300'',
``204.1310'', ``204.1320'', ``204.1330'', and ``204.1340'';
0
ix. The heading ``Subpart I: Nonapplicability Recordkeeping and
Reporting'' and the entry ``204.1400'';
0
x. The heading ``Subpart J: Innovative Control Technology'' and the
entry ``204.1500''; and
0
xi. The heading ``Subpart K: Plantwide Applicability Limitation'' and
the entries ``204.1600'', ``204.1610'', ``204.1620'', ``204.1630'',
``204.1640'', ``204.1650'', ``204.1660'', ``204.1670'', ``204.1680'',
``204.1690'', ``204.1700'', ``204.1710'', ``204.1720'', ``204.1730'',
``204.1740'', ``204.1750'', ``204.1760'', ``204.1770'', ``204.1780'',
``204.1790'', ``204.1800'', ``204.1810'', ``204.1820'', ``204.1830'',
``204.1840'', ``204.1850'', ``204.1860'', ``204.1870'', ``204.1880'',
``204.1890'', ``204.1900'', and ``204.1910''.
0
c. Removing the heading ``Part 252: Public Participation in the Air
Pollution Permit Program for Major Sources in Nonattainment Areas'' and
adding the heading ``Part 252: Public Participation in the Air
Pollution Control Permit Program'' in its place.
0
d. Revising the entries ``252.101'', ``252.102'', and ``252.103''.
0
e. Adding entries ``252.104'', ``252.105'', and ``252.106'' in
numerical order.
0
f. Revising entries ``252.201'', ``252.202'', ``252.203'', and
``252.204''.
0
g. Adding entries ``252.205'', ``252.206'', ``252.207'', ``252.208'',
``252.209'', ``252.210'', and ``252.211'' in numerical order.
The additions and revisions read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Illinois Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State
Illinois citation Title/subject effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 203: Major Stationary Sources Construction and Modification
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart B: Major Stationary Sources in Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
203.207......................... Major Modification 9/4/2020 September 9, 2021, .....................
of a Source. [Insert Federal
Register
citation].
[[Page 50466]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 204: Prevention of Significant Deterioration
Subpart A: General Provisions
----------------------------------------------------------------------------------------------------------------
204.100......................... Incorporations by 9/4/2020 September 9, 2021, .....................
Reference. [Insert Federal
Register
citation].
204.110......................... Abbreviations and 9/4/2020 September 9, 2021, .....................
Acronyms. [Insert Federal
Register
citation].
204.120......................... Severability....... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
----------------------------------------------------------------------------------------------------------------
Subpart B: Definitions
----------------------------------------------------------------------------------------------------------------
204.200......................... Definitions........ 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.210......................... Actual Emissions... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.220......................... Adverse Impact on 9/4/2020 September 9, 2021, .....................
Visibility. [Insert Federal
Register
citation].
204.230......................... Allowable Emissions 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.240......................... Baseline Actual 9/4/2020 September 9, 2021, .....................
Emissions. [Insert Federal
Register
citation].
204.250......................... Baseline Area...... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.260......................... Baseline 9/4/2020 September 9, 2021, .....................
Concentration. [Insert Federal
Register
citation].
204.270......................... Begin Actual 9/4/2020 September 9, 2021, .....................
Construction. [Insert Federal
Register
citation].
204.280......................... Best Available 9/4/2020 September 9, 2021, .....................
Control Technology [Insert Federal
(BACT). Register
citation].
204.290......................... Building, 9/4/2020 September 9, 2021, .....................
Structure, [Insert Federal
Facility, or Register
Installation. citation].
204.300......................... Clean Coal 9/4/2020 September 9, 2021, .....................
Technology. [Insert Federal
Register
citation].
204.310......................... Clean Coal 9/4/2020 September 9, 2021, .....................
Technology [Insert Federal
Demonstration Register
Project. citation].
204.320......................... Commence........... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.330......................... Complete........... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.340......................... Construction....... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.350......................... Dispersion 9/4/2020 September 9, 2021, .....................
Technique. [Insert Federal
Register
citation].
204.360......................... Electric Utility 9/4/2020 September 9, 2021, .....................
Steam Generating [Insert Federal
Unit. Register
citation].
204.370......................... Emissions Unit..... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.380......................... Excessive 9/4/2020 September 9, 2021, .....................
Concentration. [Insert Federal
Register
citation].
204.390......................... Federal Land 9/4/2020 September 9, 2021, .....................
Manager. [Insert Federal
Register
citation].
204.400......................... Federally 9/4/2020 September 9, 2021, .....................
Enforceable. [Insert Federal
Register
citation].
204.410......................... Fugitive Emissions. 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.420......................... Good Engineering 9/4/2020 September 9, 2021, .....................
Practice. [Insert Federal
Register
citation].
204.430......................... Greenhouse Gases 9/4/2020 September 9, 2021, .....................
(GHGs). [Insert Federal
Register
citation].
204.440......................... High Terrain....... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.450......................... Indian Reservation. 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.460......................... Indian Governing 9/4/2020 September 9, 2021, .....................
Body. [Insert Federal
Register
citation].
204.470......................... Innovative Control 9/4/2020 September 9, 2021, .....................
Technology. [Insert Federal
Register
citation].
[[Page 50467]]
204.480......................... Low Terrain........ 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.490......................... Major Modification. 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.500......................... Major Source 9/4/2020 September 9, 2021, .....................
Baseline Date. [Insert Federal
Register
citation].
204.510......................... Major Stationary 9/4/2020 September 9, 2021, .....................
Source. [Insert Federal
Register
citation].
204.520......................... Minor Source 9/4/2020 September 9, 2021, .....................
Baseline Date. [Insert Federal
Register
citation].
204.530......................... Nearby............. 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.540......................... Necessary 9/4/2020 September 9, 2021, .....................
Preconstruction [Insert Federal
Approvals or Register
Permits. citation].
204.550......................... Net Emissions 9/4/2020 September 9, 2021, .....................
Increase. [Insert Federal
Register
citation].
204.560......................... Potential to Emit.. 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.570......................... Prevention of 9/4/2020 September 9, 2021, .....................
Significant [Insert Federal
Deterioration Register
(PSD) Permit. citation].
204.580......................... Process Unit....... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.590......................... Project............ 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.600......................... Projected Actual 9/4/2020 September 9, 2021, .....................
Emissions. [Insert Federal
Register
citation].
204.610......................... Regulated NSR 9/4/2020 September 9, 2021, .....................
Pollutant. [Insert Federal
Register
citation].
204.620......................... Replacement Unit... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.630......................... Repowering......... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.640......................... Reviewing Authority 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.650......................... Secondary Emissions 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.660......................... Significant........ 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.670......................... Significant 9/4/2020 September 9, 2021, .....................
Emissions Increase. [Insert Federal
Register
citation].
204.680......................... Stack in Existence. 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.690......................... Stationary Source.. 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.700......................... Subject to 9/4/2020 September 9, 2021, .....................
Regulation. [Insert Federal
Register
citation].
204.710......................... Temporary Clean 9/4/2020 September 9, 2021, .....................
Coal Technology [Insert Federal
Demonstration Register
Project. citation].
----------------------------------------------------------------------------------------------------------------
Subpart C: Major Stationary Sources in Attainment and Unclassifiable Areas
----------------------------------------------------------------------------------------------------------------
204.800......................... Applicability...... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.810......................... Source Information. 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.820......................... Source Obligation.. 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.830......................... Permit Expiration.. 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.840......................... Effect of Permits.. 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.850......................... Relaxation of a 9/4/2020 September 9, 2021, .....................
Source-Specific [Insert Federal
Limitation. Register
citation].
204.860......................... Exemptions......... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
----------------------------------------------------------------------------------------------------------------
[[Page 50468]]
Subpart D: Increment
----------------------------------------------------------------------------------------------------------------
204.900......................... Ambient Air 9/4/2020 September 9, 2021, .....................
Increments. [Insert Federal
Register
citation].
204.910......................... Ambient Air 9/4/2020 September 9, 2021, .....................
Ceilings. [Insert Federal
Register
citation].
204.920......................... Restrictions on 9/4/2020 September 9, 2021, .....................
Area [Insert Federal
Classifications. Register
citation].
204.930......................... Redesignation...... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
----------------------------------------------------------------------------------------------------------------
Subpart E: Stack Heights
----------------------------------------------------------------------------------------------------------------
204.1000........................ Stack Heights...... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
----------------------------------------------------------------------------------------------------------------
Subpart F: Requirements for Major Stationary Sources and Major Modifications in Attainment and Unclassifiable
Areas
----------------------------------------------------------------------------------------------------------------
204.1100........................ Control Technology 9/4/2020 September 9, 2021, .....................
Review. [Insert Federal
Register
citation].
204.1110........................ Source Impact 9/4/2020 September 9, 2021, .....................
Analysis. [Insert Federal
Register
citation].
204.1120........................ Air Quality Models. 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.1130........................ Air Quality 9/4/2020 September 9, 2021, .....................
Analysis. [Insert Federal
Register
citation].
204.1140........................ Additional Impact 9/4/2020 September 9, 2021, .....................
Analyses. [Insert Federal
Register
citation].
----------------------------------------------------------------------------------------------------------------
Subpart G: Additional Requirements for Class I Areas
----------------------------------------------------------------------------------------------------------------
204.1200........................ Additional 9/4/2020 September 9, 2021, .....................
Requirements for [Insert Federal
Sources Impacting Register
Federal Class I citation].
Areas.
----------------------------------------------------------------------------------------------------------------
Subpart H: General Obligations of the Illinois Environmental Protection Agency
----------------------------------------------------------------------------------------------------------------
204.1300........................ Notification of 9/4/2020 September 9, 2021, .....................
Application [Insert Federal
Completeness to Register
Applicants. citation].
204.1310........................ Transmittal of 9/4/2020 September 9, 2021, .....................
Application to [Insert Federal
USEPA. Register
citation].
204.1320........................ Public 9/4/2020 September 9, 2021, .....................
Participation. [Insert Federal
Register
citation].
204.1330........................ Issuance Within One 9/4/2020 September 9, 2021, .....................
Year of Submittal [Insert Federal
of Complete Register
Application. citation].
204.1340........................ Permit Rescission.. 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
----------------------------------------------------------------------------------------------------------------
Subpart I: Nonapplicability Recordkeeping and Reporting
----------------------------------------------------------------------------------------------------------------
204.1400........................ Recordkeeping and 9/4/2020 September 9, 2021, .....................
Reporting [Insert Federal
Requirements for Register
Certain Projects citation].
at Major
Stationary Sources.
----------------------------------------------------------------------------------------------------------------
Subpart J: Innovative Control Technology
----------------------------------------------------------------------------------------------------------------
204.1500........................ Innovative Control 9/4/2020 September 9, 2021, .....................
Technology. [Insert Federal
Register
citation].
----------------------------------------------------------------------------------------------------------------
Subpart K: Plantwide Applicability Limitation
----------------------------------------------------------------------------------------------------------------
204.1600........................ Applicability...... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.1610........................ Definitions........ 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.1620........................ Actuals PAL........ 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
[[Page 50469]]
204.1630........................ Allowable Emissions 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.1640........................ Continuous 9/4/2020 September 9, 2021, .....................
Emissions [Insert Federal
Monitoring System Register
(CEMS). citation].
204.1650........................ Continuous 9/4/2020 September 9, 2021, .....................
Emissions Rate [Insert Federal
Monitoring System Register
(CERMS). citation].
204.1660........................ Continuous 9/4/2020 September 9, 2021, .....................
Parameter [Insert Federal
Monitoring System Register
(CPMS). citation].
204.1670........................ Lowest Achievable 9/4/2020 September 9, 2021, .....................
Emission Rate [Insert Federal
(LAER). Register
citation].
204.1680........................ Major Emissions 9/4/2020 September 9, 2021, .....................
Unit. [Insert Federal
Register
citation].
204.1690........................ Plantwide 9/4/2020 September 9, 2021, .....................
Applicability [Insert Federal
Limitation (PAL). Register
citation].
204.1700........................ PAL Effective Date. 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.1710........................ PAL Effective 9/4/2020 September 9, 2021, .....................
Period. [Insert Federal
Register
citation].
204.1720........................ PAL Major 9/4/2020 September 9, 2021, .....................
Modification. [Insert Federal
Register
citation].
204.1730........................ PAL Permit......... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.1740........................ PAL Pollutant...... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.1750........................ Predictive 9/4/2020 September 9, 2021, .....................
Emissions [Insert Federal
Monitoring System Register
(PEMS). citation].
204.1760........................ Reasonably 9/4/2020 September 9, 2021, .....................
Achievable Control [Insert Federal
Technology (RACT). Register
citation].
204.1770........................ Significant 9/4/2020 September 9, 2021, .....................
Emissions Unit. [Insert Federal
Register
citation].
204.1780........................ Small Emissions 9/4/2020 September 9, 2021, .....................
Unit. [Insert Federal
Register
citation].
204.1790........................ Permit Application 9/4/2020 September 9, 2021, .....................
Requirements. [Insert Federal
Register
citation].
204.1800........................ General 9/4/2020 September 9, 2021, .....................
Requirements for [Insert Federal
Establishing PAL. Register
citation].
204.1810........................ Public 9/4/2020 September 9, 2021, .....................
Participation [Insert Federal
Requirements. Register
citation].
204.1820........................ Setting the 10-Year 9/4/2020 September 9, 2021, .....................
Actuals PAL Level. [Insert Federal
Register
citation].
204.1830........................ Contents of the PAL 9/4/2020 September 9, 2021, .....................
Permit. [Insert Federal
Register
citation].
204.1840........................ Effective Period 9/4/2020 September 9, 2021, .....................
and Reopening a [Insert Federal
PAL Permit. Register
citation].
204.1850........................ Expiration of a PAL 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.1860........................ Renewal of a PAL... 9/4/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
204.1870........................ Increasing the PAL 9/4/2020 September 9, 2021, .....................
During the PAL [Insert Federal
Effective Period. Register
citation].
204.1880........................ Monitoring 9/4/2020 September 9, 2021, .....................
Requirements. [Insert Federal
Register
citation].
204.1890........................ Recordkeeping 9/4/2020 September 9, 2021, .....................
Requirements. [Insert Federal
Register
citation].
204.1900........................ Reporting and 9/4/2020 September 9, 2021, .....................
Notification [Insert Federal
Requirements. Register
citation].
204.1910........................ Transition 9/4/2020 September 9, 2021, .....................
Requirements. [Insert Federal
Register
citation].
[[Page 50470]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 252: Public Participation in the Air Pollution Control Permit Program
Subpart A: Introduction
----------------------------------------------------------------------------------------------------------------
252.101......................... Purpose............ 6/10/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
252.102......................... Abbreviations and 6/10/2020 September 9, 2021, .....................
Acronyms. [Insert Federal
Register
citation].
252.103......................... Definitions........ 6/10/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
252.104......................... Applicability...... 6/10/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
252.105......................... Application for a 6/10/2020 September 9, 2021, .....................
PSD Permit. [Insert Federal
Register
citation].
252.106......................... Consolidation...... 6/10/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
----------------------------------------------------------------------------------------------------------------
Subpart B: Procedures for Public Review
----------------------------------------------------------------------------------------------------------------
252.201......................... Notice and 6/10/2020 September 9, 2021, .....................
Opportunity to [Insert Federal
Comment. Register
citation].
252.202......................... Draft Permit....... 6/10/2020 September 9, 2021, .....................
[Insert Federal
Register
citation].
252.203......................... Project Summary, 6/10/2020 September 9, 2021, .....................
Statement of [Insert Federal
Basis, or Fact Register
Sheet. citation].
252.204......................... Availability of 6/10/2020 September 9, 2021, .....................
Documents. [Insert Federal
Register
citation].
252.205......................... Opportunity for 6/10/2020 September 9, 2021, .....................
Public Hearing. [Insert Federal
Register
citation].
252.206......................... Procedures for 6/10/2020 September 9, 2021, .....................
Public Hearings. [Insert Federal
Register
citation].
252.207......................... Obligation to Raise 6/10/2020 September 9, 2021, .....................
Issues and Provide [Insert Federal
Information During Register
the Public Comment citation].
Period for PSD
Permits.
252.208......................... Reopening of the 6/10/2020 September 9, 2021, .....................
Public Comment [Insert Federal
Period for PSD Register
Permits. citation].
252.209......................... Issuance of a Final 6/10/2020 September 9, 2021, .....................
PSD Permit [Insert Federal
Decision. Register
citation].
252.210......................... Response to 6/10/2020 September 9, 2021, .....................
Comments for a [Insert Federal
Final PSD Permit Register
Decision. citation].
252.211......................... Administrative 6/10/2020 September 9, 2021, .....................
Record for a Final [Insert Federal
PSD Permit Register
Decision. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. In Sec. 52.738, revise paragraphs (a) and (b) to read as follows:
Sec. 52.738 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are met, except for sources seeking permits to locate in Indian
reservations within the State of Illinois, and any other area where the
EPA or an Indian tribe has demonstrated that a tribe has jurisdiction.
(b) The provisions of Sec. 52.21 except paragraph (a)(1) are
hereby incorporated and made a part of the applicable State plan for
the State of Illinois for sources seeking permits to locate in Indian
reservations or in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction.
* * * * *
[FR Doc. 2021-19234 Filed 9-8-21; 8:45 am]
BILLING CODE 6560-50-P
