[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Rules and Regulations]
[Pages 10464-10466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03456]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0841; FRL-10489-02-R5]


Air Plan Approval; Illinois; Alton Township 2010 SO2 Attainment 
Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State Implementation Plan (SIP) revision which Illinois submitted to 
EPA on December 31, 2018, for attaining the 1-hour sulfur dioxide 
(SO2) primary national ambient air quality standard (NAAQS) 
for the Alton Township nonattainment area in Madison County. This plan 
(herein called a ``nonattainment plan'') includes Illinois' attainment 
demonstration and other elements required under the Clean Air Act 
(CAA), including the requirement for meeting reasonable further 
progress (RFP) toward attainment of the NAAQS, reasonably available 
control measures and reasonably available control technology (RACM/
RACT), base-year and projection-year emission inventories, enforceable 
emission limitations and control measures, nonattainment new source 
review (NNSR), and contingency measures. EPA is approving Illinois' 
submission as a SIP revision for attaining the 2010 1-hour primary 
SO2 NAAQS in the Alton township nonattainment area, finding 
that Illinois has adequately demonstrated that the plan provisions 
provide for attainment of the NAAQS in the nonattainment area and that 
the plan meets the other applicable requirements under the CAA. EPA 
proposed to approve this action on December 30, 2022, and received no 
comments.

DATES: This final rule is effective on March 23, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0841. 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 Andrew Lee, 
Physical Scientist, at (312) 353-7645 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Andrew Lee, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-7645, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    Following the promulgation in 2010 of a 1-hour primary 
SO2 NAAQS, on June 30, 2016, EPA designated the Alton 
Township area within the State of Illinois as nonattainment for this 
NAAQS, in conjunction with designating multiple areas in other states 
as nonattainment as part of the Agency's Round 2 designations. On 
December 31, 2018, Illinois submitted a nonattainment plan for the 
Alton Township area to attain the 1-hour SO2 primary NAAQS. 
EPA published a notice of proposed rulemaking (NPRM) approving 
Illinois' attainment plan on December 30, 2022 (87 FR 80509).
    The dispersion modeling results submitted by Illinois, and 
supplemented by EPA, show design values that are less than the standard 
of 75 parts per billion (ppb), specifically 74.9 ppb for the Alton 
Township area. EPA proposed that these areas demonstrate attainment of 
the 2010 SO2 standard and meet the applicable requirements 
of CAA sections 110, 172, 191, and 192, including emission inventories, 
RACT/RACM, RFP, and contingency measures, and that Illinois has 
previously addressed requirements regarding NNSR. An explanation of the 
CAA requirements, a detailed analysis of the nonattainment plan for the 
Alton Township area, and EPA's reasons for proposing approval were 
provided in the NPRM and will not be restated here.

II. Public Comments

    The public comment period for this proposed rule ended on January 
30, 2023. EPA received no comments on its NPRM.

[[Page 10465]]

III. Final Action

    EPA is approving Illinois' attainment plan as submitted to EPA on 
December 31, 2018, as a revision to Illinois' SIP, for attaining the 
2010 SO2 NAAQS for the Alton Township area. As part of this 
action, EPA is incorporating Illinois' Permit to Construct Number 
#18020009, applicable to Alton Steel, by reference into the SIP. The 
permit requires that Alton Steel operates a new ladle metallurgy 
facility (LMF) stack to replace the four downward facing vents on the 
individual compartments on the LMF stack. The attainment plan includes 
Illinois' attainment demonstrations for the Alton nonattainment area 
using dispersion modeling, and supplemented by EPA's modeling, to 
demonstrate that the emission limits required by the Illinois SIP, and 
submitted for EPA approval, provide for modeled concentrations meeting 
the SO2 NAAQS.
    The attainment plan also satisfies requirements for emission 
inventories, RACT/RACM, RFP, and contingency measures. Illinois has 
previously addressed NNSR requirements for this area. For these 
reasons, EPA has determined that Illinois' SO2 attainment 
plan meets the applicable requirements of CAA sections 110, 172, 191, 
and 192.

IV. 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 
construction permit for Alton Steel, Inc., issued March 5, 2018, as 
described in section III. Of this preamble and set forth 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.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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).
    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 April 24, 2023. 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) of the CAA.)

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: February 14, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, 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:
0
a. Amend the table in paragraph (d) by adding an entry for ``Alton 
Steel'' before the entry for ``Alumax Incorporated, Morris, IL''.
0
b. Amend the table in paragraph (e) under the heading ``Attainment and 
Maintenance Plans'' by adding an entry for ``Sulfur dioxide (2010) 
nonattainment plan'' after the entry ``Sulfur dioxide (2010) 
nonattainment plans''.
    The additions read as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (d) * * *

[[Page 10466]]



                               EPA-Approved Illinois Source-Specific Requirements
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                                  Order/permit        State
         Name of source                No.       effective date  EPA approval date            Comments
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Alton Steel....................        18020009        3/5/2018  2/21/2023,
                                                                  [INSERT Federal
                                                                  Register
                                                                  CITATION].
 
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* * * * *
    (e) * * *

                       EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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                                    Applicable
                                  geographic or         State        EPA approval
     Name of SIP provision        nonattainment    submittal date        date                  Comments
                                       area
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                                                  * * * * * * *
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                                        Attainment and Maintenance Plans
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                                                  * * * * * * *
Sulfur dioxide (2010)           Alton Township...      12/31/2018  2/21/2023,        ...........................
 nonattainment plan.                                                [INSERT Federal
                                                                    Register
                                                                    CITATION].
 
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[FR Doc. 2023-03456 Filed 2-17-23; 8:45 am]
BILLING CODE 6560-50-P


