Air Plan Approval; Illinois; Alton Township 2010 Sulfur Dioxide Redesignation and Maintenance Plan, 106357-106360 [2024-30506]
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
(A) All comments received during any
public comment period, including any
extension or reopening;
(B) The tape or transcript of any
hearing(s) held;
(C) Any written material submitted at
such a hearing;
(D) Any new materials placed in the
record as a result of the reviewing
authority’s evaluation of public
comments;
(E) Other documents in the
supporting files for the permit that were
relied upon in the decision-making;
(F) The final Federal NNSR permit;
(G) The application and any
supporting data furnished by you, the
permit applicant;
(H) The draft permit or notice of
intent to deny the application or to
terminate the permit; and
(I) Other documents in the supporting
files for the draft permit that were relied
upon in the decision-making.
(ii) The additional documents
required under paragraph (f)(2)(i) of this
section should be added to the record as
soon as possible after their receipt or
publication by the reviewing authority.
The record must be complete on the
date the final permit is issued.
(iii) Material readily available or
published materials that are generally
available and that are included in the
administrative record under the
standards of paragraph (f)(2)(i) of this
section need not be physically included
in the same file as the rest of the record
as long as it is specifically referred to in
that file.
(3) Can permit decisions be appealed?
(i) Permit decisions may be appealed
under the permit appeal procedures of
40 CFR 124.19, and the provisions of
that section applicable to prevention of
significant deterioration (PSD) permits
shall apply to permit decisions under
the FIP. A petition for review must be
filed with the Clerk of the
Environmental Appeals Board within 30
days after the reviewing authority serves
notice of the issuance of a final permit
decision under the plan, in accordance
with 40 CFR 124.19.
(ii) An appeal under paragraph
(f)(3)(i) of this section is, under section
307(b) of the Act, a prerequisite to
seeking judicial review of the final
agency action.
(4) Can my permit be reopened? The
reviewing authority may reopen an
existing, currently-in-effect permit for
cause on its own initiative, such as if it
contains a material mistake or fails to
assure compliance with requirements in
this section. However, except for those
permit reopenings that do not increase
the emission limitations in the permit,
such as permit reopenings that correct
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typographical, calculation and other
errors, all other permit reopenings shall
be carried out after the opportunity for
public notice and comment and in
accordance with one or more of the
public participation requirements under
paragraph (e)(2) of this section.
(5) Can my permit be rescinded? (i)
Any permit issued under this section, or
a prior version of this section, shall
remain in effect until it is rescinded
under this paragraph (f)(5).
(ii) An owner or operator of a
stationary source or modification who
holds a permit issued under this section
for the construction of a new source or
modification that meets the requirement
in paragraph (f)(5)(iii) of this section
may request that the reviewing authority
rescind the permit or a particular
portion of the permit.
(iii) The reviewing authority may
grant an application for rescission if the
application shows that the provisions of
the plan would not apply to the source
or modification.
(iv) If the reviewing authority rescinds
a permit under this paragraph (f), the
public shall be given adequate notice of
the rescission determination in
accordance with paragraph (e)(2)(i)(B) of
this section.
(g) Administration and delegation of
the Federal nonattainment major NSR
plan in the MDAQMD—(1) Who
administers the FIP in the MDAQMD? (i)
The Administrator is the reviewing
authority and will directly administer
all aspects of the FIP in the MDAQMD
under Federal authority.
(ii) The Administrator may delegate
Federal authority to administer specific
portions of the FIP to the MDAQMD
upon request, in accordance with the
provisions of paragraph (g)(2) of this
section. If the MDAQMD has been
granted such delegation, it will be the
reviewing authority for purposes of the
provisions for which it has been granted
delegation.
(2) Delegation of administration of the
FIP to the MDAQMD. This paragraph
(g)(2) establishes the process by which
the Administrator may delegate
authority to the MDAQMD in
accordance with the provisions in
paragraphs (g)(2)(i) through (iv) of this
section. Any Federal requirements
under the plan that are administered by
the delegate MDAQMD are enforceable
by the EPA under Federal law.
(i) Information to be included in the
Administrative Delegation Request. To
be delegated authority to administer the
FIP or specific portions of it, the
MDAQMD must submit a request to the
Administrator.
(ii) Delegation Agreement. A
Delegation Agreement will set forth the
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106357
terms and conditions of the delegation,
will specify the provisions that the
delegate MDAQMD will be authorized
to implement on behalf of the EPA and
will be entered into by the
Administrator and the MDAQMD. The
Agreement will become effective upon
the date that both the Administrator and
the MDAQMD have signed the
Agreement or as otherwise stated in the
Agreement. Once the delegation
becomes effective, the MDAQMD will
be responsible, to the extent specified in
the Agreement, for administration of the
provisions of the FIP that are subject to
the Agreement.
(iii) Publication of notice of the
Agreement. The Administrator will
publish a notice in the Federal Register
informing the public of any Delegation
Agreement. The Administrator also will
publish the notice in a newspaper of
general circulation in the MDAQMD. In
addition, the Administrator will mail a
copy of the notice to persons on a
mailing list developed by the
Administrator consisting of those
persons who have requested to be
placed on such a mailing list.
(iv) Revision or revocation of an
Agreement. A Delegation Agreement
may be modified, amended or revoked,
in part or in whole, by the
Administrator after consultation with
the MDAQMD.
[FR Doc. 2024–30513 Filed 12–27–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2023–0498; FRL–12265–
02–R5]
Air Plan Approval; Illinois; Alton
Township 2010 Sulfur Dioxide
Redesignation and Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving Illinois’
request to redesignate the Alton
Township nonattainment area in
Madison County, Illinois to attainment
for the 2010 sulfur dioxide (SO2)
National Ambient Air Quality Standard
(NAAQS). EPA is also approving
Illinois’ maintenance plan for the area.
Illinois submitted the request for
approval on October 2, 2023.
Additionally, EPA is taking final action
to determine that the Alton Township
area attained the 2010 SO2 NAAQS by
the September 12, 2021, attainment
SUMMARY:
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ddrumheller on DSK120RN23PROD with RULES1
date, fulfilling EPA’s obligation under
the Clean Air Act (CAA) section 179(c)
to determine whether the area attained
the relevant NAAQS standard. EPA
proposed to approve this action on
October 8, 2024, and received no
comments.December 30, 2024
DATES: This final rule is effective on
January 29, 2025.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2023–0498. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information (CBI), Proprietary Business
Information (PBI), 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 https://
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. We
recommend that you telephone Cecilia
Magos, at (312) 886–7336, before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Cecilia Magos, Air and Radiation
Division (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–7336, magos.cecilia@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On June 22, 2010 (75 FR 35520), EPA
revised the primary SO2 NAAQS,
establishing a new health-based 1-hour
standard of 75 parts per billion (ppb).
EPA promulgated designations for this
standard in four rounds. On September
18, 2015, Illinois submitted its
recommendations to EPA to designate
certain areas of the state as part of the
Round 2 designations. Illinois
recommended a portion of southern
Alton Township in Madison County be
designated as nonattainment for the
2010 SO2 NAAQS. EPA concurred with
Illinois’ analysis and published a final
action designating the area as
nonattainment for the 2010 SO2 NAAQS
effective September 12, 2016 (81 FR
45039).
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Illinois submitted an attainment plan
for the Alton Township nonattainment
area on December 3, 2018. The plan
included computer modeling that
included emissions from the Alton Steel
Inc. (Alton Steel) facility in Alton,
Illinois, and emissions from the Ameren
Missouri-Sioux Energy Center (AmerenSioux) power plant in Missouri, located
about 13 kilometers west-northwest of
the nonattainment area. On March 14,
2019, the Illinois Environmental
Protection Agency issued Construction
Permit #18020009 for the Alton Steel
facility to operate a new ladle
metallurgy facility (LMF) stack and to
remove the downfacing vents that were
contributing to modeled nonattainment
at the facility. EPA included additional
dispersion modeling to supplement
Illinois’ attainment demonstration to
demonstrate that the emission limits
required by the Illinois SIP and
submitted for EPA approval provide for
modeled concentrations meeting the
2010 SO2 NAAQS. EPA approved
Illinois’ attainment plan revision on
February 21, 2023 (88 FR 10464).
On October 2, 2023, Illinois submitted
a redesignation request and
maintenance plan for the Alton
Township nonattainment area for the
2010 SO2 NAAQS. The submitted
redesignation request and maintenance
plan includes the Construction Permit
issued to Alton Steel and the Consent
Agreement for Ameren-Sioux that has
been approved into the Missouri SIP (87
FR 68634, November 16, 2022) with
accepted SO2 emissions limits. On
October 8, 2024 (89 FR 81409), EPA
proposed to approve the redesignation
of the Alton Township area in Madison
County, Illinois from nonattainment to
attainment for the 2010 SO2 NAAQS in
accordance with Illinois’ request
submitted on October 2, 2023. EPA has
determined the area is attaining the
2010 SO2 NAAQS and that the
improvement in air quality is due to
permanent and enforceable SO2
emission reductions in the area. EPA is
also approving Illinois’ maintenance
plan, which is designed to ensure that
the area will continue to maintain
attainment of the 2010 SO2 NAAQS.
Additionally, under section 179(c) of
the CAA, EPA is required to determine
whether a nonattainment area attained a
standard by the applicable attainment
date based on the area’s air quality as of
the attainment date. In this action, EPA
is determining that the Alton Township
area did attain the 2010 SO2 NAAQS by
the attainment date of September 12,
2021. An explanation of the CAA
requirements, a detailed analysis of the
revisions, and EPA’s reasons for
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proposing approval were provided in
the notice of proposed rulemaking
(NPRM) and will not be restated here.
The public comment period for this
proposed rule ended on November 7,
2024. EPA received no comments on the
proposal. Therefore, we are finalizing
our action as proposed.
II. Final Action
EPA is approving the redesignation of
the Alton Township area from
nonattainment to attainment, meeting
the criteria under CAA section
107(d)(3)(E) for the 2010 SO2 NAAQS in
accordance with Illinois’ October 2,
2023, request. EPA is determining that
the area is attaining the 2010 SO2
NAAQS and that the improvement in air
quality is due to permanent and
enforceable SO2 emission reductions in
the area. On this basis, EPA is approving
the redesignation request from Illinois
for the area and changing the legal
designation of the Alton Township area
in Madison County at 40 CFR part 81 to
attainment for the 2010 SO2 NAAQS.
EPA is also approving Illinois’
maintenance plan under CAA section
175A. The maintenance plan
demonstrates that the area will continue
to maintain the 2010 SO2 NAAQS and
includes a process to develop
contingency measures to remedy any
future violations of the 2010 SO2
NAAQS and procedures for evaluation
of potential violations. This includes
Illinois’ commitment to provide EPA
with an annual emissions report of the
newly constructed Alton Steel LMF
stack as part of Illinois’ annual network
plan submittal to provide ongoing
verification of attainment.
Finally, EPA is determining that the
Alton Township area attained the 2010
SO2 NAAQS by the September 12, 2021,
attainment date addressing EPA’s
obligation under CAA section 179(c).
III. 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,
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October 4, 1993), and 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
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).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. Executive Order
14096 (Revitalizing Our Nation’s
Commitment to Environmental Justice
for All, 88 FR 25251, April 26, 2023)
builds on and supplements E.O. 12898
and defines EJ as, among other things,
the just treatment and meaningful
involvement of all people, regardless of
income, race, color, national origin, or
Tribal affiliation, or disability in agency
decision-making and other Federal
activities that affect human health and
the environment.
The Illinois Environmental Protection
Agency did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA performed an EJ analysis, as is
described in the proposed action
(October 8, 2024, 89 FR 81409) in the
section titled, ‘‘EJ Considerations.’’ The
analysis was done for the purpose of
providing additional context and
information about this rulemaking to the
public, not as a basis of the action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area. In addition,
there is no information in the record
upon which this decision is based
inconsistent with the stated goal of E.O.
12898/14096 of achieving EJ for
communities with EJ concerns.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. 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 February 28, 2025. 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 section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: December 16, 2024.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, title 40 CFR part 52 is
amended 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, amend the table in
paragraph (e), under the heading
‘‘Attainment and Maintenance Plans’’
by adding a second entry for ‘‘Sulfur
dioxide (2010) maintenance plan’’ after
the entry for ‘‘Sulfur dioxide
maintenance plan’’ to read as follows:
■
§ 52.720
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS
*
State
submittal
date
Applicable geographic or
nonattainment area
Name of SIP provision
*
*
EPA approval date
*
*
*
Comments
*
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Attainment and Maintenance Plans
*
*
Sulfur dioxide (2010) maintenance plan
*
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Alton Township ..............
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
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Authority: 42 U.S.C. 7401, et seq.
*
§ 81.314
4. In § 81.314,amend the table entitled
‘‘Illinois—2010 Sulfur Dioxide NAAQS
[Primary], by revising the entry for
‘‘Alton Township, IL’’’’ to read as
follows:
■
PART 81–DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
*
*
Illinois.
*
*
*
ILLINOIS—2010 SULFUR DIOXIDE NAAQS
[Primary]
Designation
Designated area 1
Date 2
Alton Township, IL ..........................................................................................................................................
Madison County (part) Within Alton Township: Area east of Corporal Belchik Memorial Expressway,
south of East Broadway, south of Route 3, and north of Route 143.
*
*
*
*
12/30/24
*
*
Type
Attainment.
*
1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is April 9, 2018, unless otherwise noted.
*
*
*
*
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[FR Doc. 2024–30506 Filed 12–27–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 70
[EPA–R05–OAR–2024–0282; FRL–12468–
02–R5]
Air Plan Approval; Ohio; Title V
Operating Permit Rules Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
Ohio EPA’s title V rules. These revisions
include revisions to the definition of
hazardous air pollutants and
requirements for a permit statement of
basis that are consistent with recent
Federal rulemaking actions. Other
changes are insignificant and part of the
state’s five-year review of adopted
regulations.
DATES: This direct final rule will be
effective February 28, 2025, unless EPA
receives adverse comments by January
29, 2025. If adverse comments are
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2024–0282 at https://
www.regulations.gov or via email to
damico.genevieve@epa.gov. For
comments submitted at Regulations.gov,
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from the docket. EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI),
Proprietary Business Information (PBI),
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI, PBI, or
multimedia submissions, and general
guidance on making effective
comments, please visit https://
wwww.epa.gov/dockets/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT: Sam
Portanova, Air Permits Section, Air and
Radiation Division (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–3189,
portanova.sam@epa.gov. The EPA
Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday,
excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
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‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
On June 11, 2024, Ohio EPA
submitted revisions to Ohio
Administrative Code (OAC) chapters
3745–77–01, 3745–77–08, and 3745–77–
09 to EPA for approval as a title V
program revision. These revisions were
made as part of Ohio’s statutory fiveyear regulatory review process and
include a change to the definition of
hazardous air pollutant, additional
requirements pertaining to a permit
statement of basis and response to
comments, a reordering of the
definitions in OAC 3745–77–01, minor
grammatical changes, and updates to
test method, publication, and reference
materials.
II. What action is EPA taking?
EPA is approving this submittal as
part of Ohio’s title V permit program.
The revisions to Ohio’s rules are
consistent with 40 CFR part 70 and the
Clean Air Act (CAA) as discussed
below.
The definitions in OAC 3745–77–01
are reorganized such that the terms are
listed and group in paragraphs
alphabetically. These revisions do not
substantively change the provisions of
this chapter but provide for easier
search of and subsequent updates to the
listed definitions.
The definition of ‘‘hazardous air
pollutant’’ in OAC 3745–77–01(H) has
been revised to include ‘‘. . . as revised
under 40 CFR part 63, subpart C.’’ This
change to the definition allows for the
inclusion of 1-bromopropane, which
EPA added to the CAA’s list of
E:\FR\FM\30DER1.SGM
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Agencies
[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Rules and Regulations]
[Pages 106357-106360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30506]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2023-0498; FRL-12265-02-R5]
Air Plan Approval; Illinois; Alton Township 2010 Sulfur Dioxide
Redesignation and Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
Illinois' request to redesignate the Alton Township nonattainment area
in Madison County, Illinois to attainment for the 2010 sulfur dioxide
(SO2) National Ambient Air Quality Standard (NAAQS). EPA is
also approving Illinois' maintenance plan for the area. Illinois
submitted the request for approval on October 2, 2023. Additionally,
EPA is taking final action to determine that the Alton Township area
attained the 2010 SO2 NAAQS by the September 12, 2021,
attainment
[[Page 106358]]
date, fulfilling EPA's obligation under the Clean Air Act (CAA) section
179(c) to determine whether the area attained the relevant NAAQS
standard. EPA proposed to approve this action on October 8, 2024, and
received no comments.December 30, 2024
DATES: This final rule is effective on January 29, 2025.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2023-0498. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI), Proprietary Business Information (PBI), 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 https://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. We recommend that
you telephone Cecilia Magos, at (312) 886-7336, before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Cecilia Magos, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-7336,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On June 22, 2010 (75 FR 35520), EPA revised the primary
SO2 NAAQS, establishing a new health-based 1-hour standard
of 75 parts per billion (ppb). EPA promulgated designations for this
standard in four rounds. On September 18, 2015, Illinois submitted its
recommendations to EPA to designate certain areas of the state as part
of the Round 2 designations. Illinois recommended a portion of southern
Alton Township in Madison County be designated as nonattainment for the
2010 SO2 NAAQS. EPA concurred with Illinois' analysis and
published a final action designating the area as nonattainment for the
2010 SO2 NAAQS effective September 12, 2016 (81 FR 45039).
Illinois submitted an attainment plan for the Alton Township
nonattainment area on December 3, 2018. The plan included computer
modeling that included emissions from the Alton Steel Inc. (Alton
Steel) facility in Alton, Illinois, and emissions from the Ameren
Missouri-Sioux Energy Center (Ameren-Sioux) power plant in Missouri,
located about 13 kilometers west-northwest of the nonattainment area.
On March 14, 2019, the Illinois Environmental Protection Agency issued
Construction Permit #18020009 for the Alton Steel facility to operate a
new ladle metallurgy facility (LMF) stack and to remove the downfacing
vents that were contributing to modeled nonattainment at the facility.
EPA included additional dispersion modeling to supplement Illinois'
attainment demonstration to demonstrate that the emission limits
required by the Illinois SIP and submitted for EPA approval provide for
modeled concentrations meeting the 2010 SO2 NAAQS. EPA
approved Illinois' attainment plan revision on February 21, 2023 (88 FR
10464).
On October 2, 2023, Illinois submitted a redesignation request and
maintenance plan for the Alton Township nonattainment area for the 2010
SO2 NAAQS. The submitted redesignation request and
maintenance plan includes the Construction Permit issued to Alton Steel
and the Consent Agreement for Ameren-Sioux that has been approved into
the Missouri SIP (87 FR 68634, November 16, 2022) with accepted
SO2 emissions limits. On October 8, 2024 (89 FR 81409), EPA
proposed to approve the redesignation of the Alton Township area in
Madison County, Illinois from nonattainment to attainment for the 2010
SO2 NAAQS in accordance with Illinois' request submitted on
October 2, 2023. EPA has determined the area is attaining the 2010
SO2 NAAQS and that the improvement in air quality is due to
permanent and enforceable SO2 emission reductions in the
area. EPA is also approving Illinois' maintenance plan, which is
designed to ensure that the area will continue to maintain attainment
of the 2010 SO2 NAAQS. Additionally, under section 179(c) of
the CAA, EPA is required to determine whether a nonattainment area
attained a standard by the applicable attainment date based on the
area's air quality as of the attainment date. In this action, EPA is
determining that the Alton Township area did attain the 2010
SO2 NAAQS by the attainment date of September 12, 2021. An
explanation of the CAA requirements, a detailed analysis of the
revisions, and EPA's reasons for proposing approval were provided in
the notice of proposed rulemaking (NPRM) and will not be restated here.
The public comment period for this proposed rule ended on November 7,
2024. EPA received no comments on the proposal. Therefore, we are
finalizing our action as proposed.
II. Final Action
EPA is approving the redesignation of the Alton Township area from
nonattainment to attainment, meeting the criteria under CAA section
107(d)(3)(E) for the 2010 SO2 NAAQS in accordance with
Illinois' October 2, 2023, request. EPA is determining that the area is
attaining the 2010 SO2 NAAQS and that the improvement in air
quality is due to permanent and enforceable SO2 emission
reductions in the area. On this basis, EPA is approving the
redesignation request from Illinois for the area and changing the legal
designation of the Alton Township area in Madison County at 40 CFR part
81 to attainment for the 2010 SO2 NAAQS.
EPA is also approving Illinois' maintenance plan under CAA section
175A. The maintenance plan demonstrates that the area will continue to
maintain the 2010 SO2 NAAQS and includes a process to
develop contingency measures to remedy any future violations of the
2010 SO2 NAAQS and procedures for evaluation of potential
violations. This includes Illinois' commitment to provide EPA with an
annual emissions report of the newly constructed Alton Steel LMF stack
as part of Illinois' annual network plan submittal to provide ongoing
verification of attainment.
Finally, EPA is determining that the Alton Township area attained
the 2010 SO2 NAAQS by the September 12, 2021, attainment
date addressing EPA's obligation under CAA section 179(c).
III. 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,
[[Page 106359]]
October 4, 1993), and 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
Executive Order 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on
and supplements E.O. 12898 and defines EJ as, among other things, the
just treatment and meaningful involvement of all people, regardless of
income, race, color, national origin, or Tribal affiliation, or
disability in agency decision-making and other Federal activities that
affect human health and the environment.
The Illinois Environmental Protection Agency did not evaluate EJ
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA performed an EJ analysis, as is described in the
proposed action (October 8, 2024, 89 FR 81409) in the section titled,
``EJ Considerations.'' The analysis was done for the purpose of
providing additional context and information about this rulemaking to
the public, not as a basis of the action. Due to the nature of the
action being taken here, this action is expected to have a neutral to
positive impact on the air quality of the affected area. In addition,
there is no information in the record upon which this decision is based
inconsistent with the stated goal of E.O. 12898/14096 of achieving EJ
for communities with EJ concerns.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 February 28, 2025. 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 section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: December 16, 2024.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40 CFR part 52 is
amended 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, amend the table in paragraph (e), under the heading
``Attainment and Maintenance Plans'' by adding a second entry for
``Sulfur dioxide (2010) maintenance plan'' after the entry for ``Sulfur
dioxide maintenance plan'' to read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(e) * * *
EPA Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of SIP provision Applicable geographic or submittal EPA approval Comments
nonattainment area date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Attainment and Maintenance Plans
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sulfur dioxide (2010) Alton Township................ 10/2/2023 12/30/24, ....................
maintenance plan. [INSERT FIRST
PAGE OF
FEDERAL
REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 106360]]
* * * * *
PART 81-DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. In Sec. 81.314,amend the table entitled ``Illinois--2010 Sulfur
Dioxide NAAQS [Primary], by revising the entry for ``Alton Township,
IL'''' to read as follows:
Sec. 81.314 Illinois.
* * * * *
Illinois--2010 Sulfur Dioxide NAAQS
[Primary]
------------------------------------------------------------------------
Designation
Designated area \1\ ----------------------------------------
Date \2\ Type
------------------------------------------------------------------------
Alton Township, IL............. 12/30/24 Attainment.
Madison County (part)
Within Alton Township:
Area east of Corporal
Belchik Memorial
Expressway, south of East
Broadway, south of Route
3, and north of Route 143.
* * * * * * *
------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise
specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in
the larger designation area. The inclusion of any Indian country in
the designation area is not a determination that the state has
regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2024-30506 Filed 12-27-24; 8:45 am]
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