[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]


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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.

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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, ogulei.david@epa.gov.

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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


