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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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: July 3, 2018. 

Chris Hladick, 

Regional Administrator, Region 10. 

[FR Doc. 2018–15251 Filed 7–17–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2017–0276; FRL–9980– 

93—Region 5] 

Air Plan Approval; Illinois; Permit-byRule Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Illinois State 

Implementation Plan (SIP) to establish a 

general framework for permits-by-rule 

(PBR) and specifically provide a PBR for 

small boilers. In addition, EPA is 

proposing to approve other state 

provisions that are affected by the 

addition of the PBR regulations, as well 

as minor changes in nomenclature. 

DATES: Comments must be received on 

or before August 17, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2017–0276 at http://

www.regulations.gov, or via email to 

damico.genevieve@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Danny Marcus, Environmental Engineer, 

Air Permits Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–8781, marcus.danny@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

A. Minor New Source Review 

B. Title V Operating Permit Program 

C. Permits-by-Rule 

II. Discussion of the State’s Submittal 

A. Rule Revisions That EPA Is Proposing 

To Approve 

B. Rule Revision for Which EPA Is Taking 

No Action 

III. What is EPA’s analysis? 

A. The Revisions Are Consistent With 

Section 110(a)(2)(C) of the CAA and the 

Applicable Regulations 

B. The Revisions Do Not Interfere With 

Any Applicable CAA Requirement 

Under Section 110(l) of the CAA 

IV. What action is EPA taking? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

A. Minor New Source Review 

Section 110(a)(2)(C) of the Clean Air 

Act (CAA) requires that every SIP 

include a program to regulate the 

construction and modification of 

stationary sources to ensure attainment 

and maintenance of the National 

Ambient Air Quality Standards 

(NAAQS). Parts C and D of the CAA 

(sections 160 through 190) require the 

establishment of a New Source Review 

(NSR) program for sources whose 

Potential to Emit (PTE) is above certain 

air pollution thresholds. For such 

‘‘major sources,’’ Prevention of 

Significant Deterioration (PSD) 

provisions will generally apply in areas 

that have attained the NAAQS, while 

Nonattainment New Source Review 

(NNSR) provisions will apply in areas 

that have not attained the NAAQS. 

The permitting program for minor 

sources is addressed by section 

110(a)(2)(C) of the CAA. A minor source 

is one whose PTE is lower than the 

major NSR applicability threshold for a 

particular pollutant. States must 

develop minor NSR programs to comply 

with the Federal requirements for state 

minor NSR programs contained in 40 

CFR 51.160 through 51.164. The 

provisions of a minor NSR program 

must include legally enforceable 

procedures that enable the permitting 

authority to determine whether the 

construction or modification of a source 

will result in a violation of applicable 

portions of the control strategy or 

interfere with attainment or 

maintenance of a NAAQS. 40 CFR 

51.160(a). 

The minor NSR requirements are 

considerably less prescriptive than 

those for major sources. EPA has long 

recognized that such rules are an 

effective means to ensure that sources 

whose emissions are less than the major 

source thresholds are nonetheless 

reviewed to ensure protection of the 

NAAQS. See, e.g., 76 FR 38748, 38752 

(July 1, 2011). The Illinois 

Environmental Protection Agency 

(IEPA) implements the minor source 

NSR program under 35 Illinois 

Administrative Code (IAC) 201. EPA 

approved Illinois’ minor NSR program 

on December 17, 1992 (57 FR 59928). 

B. Title V Operating Permit Program 

Title V of the CAA (sections 501 

through 507) requires that all major 

stationary sources have permits that 

contain all requirements that are 

applicable under the CAA, as well as 

adequate monitoring. Title V and its 

implementing regulations at 40 CFR part 

70 provide for the establishment of 

comprehensive State air quality 

operating permitting programs 

consistent with the requirements of title 

V. The title V operating permit program 

in Illinois, which EPA fully approved 

on November 30, 2001, is referred to as 

the Clean Air Act Permit Program or 

‘‘CAAPP’’ (66 FR 62946, December 4, 


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2001). Pursuant to section 502(a) of the 

CAA, it is unlawful for any person to, 

among other things, operate a major 

source subject to title V except in 

compliance with a title V permit. All 

‘‘major sources’’ of air pollutants, and 

certain other sources, must obtain and 

operate in compliance with a title V 

operating permit. 40 CFR 70.3. 

C. Permits-By-Rule 

A PBR is a mechanism for 

streamlining the issuance of 

preconstruction permits. PBRs use a 

regulatory-type structure (i.e., the 

permit requirements are codified in the 

IAC) to pre-authorize construction and 

modification activities carried out in 

accordance with the codified 

requirements. PBR programs establish a 

streamlined process that allows an 

individual applicant to notify the 

reviewing authority that it meets the 

eligibility criteria for the permit and the 

permit conditions rather than going 

through a reviewing authority review 

and approval process. This 

‘‘notification’’ process streamlines 

permitting for eligible sources and 

makes it easier for the reviewing 

authority to implement the PBR 

program compared to traditional sitespecific permits. See, e.g., General 

Permits and Permits by Rule for the 

Federal Minor New Source Review 

Program in Indian Country for Five 

Source Categories (80 FR 25068, May 1, 

2015). A PBR contains qualifying 

criteria, emission limitations, conditions 

for operation, requirements for 

recordkeeping and reporting, and 

standard permitting conditions that are 

similar to those found in individual 

construction permits for a particular 

emission source. 

On May 2, 2017, IEPA submitted to 

EPA the following SIP revision requests, 

which are largely related to a PBR 

program: (1) IEPA revision to 35 IAC 

Part 201 to add a new Subpart M (35 

IAC 201.500 through 201.540), which 

establishes general provisions for a PBR 

program; (2) IEPA revision to Part 201 

to add a new Subpart N to 35 IAC Part 

201 (35 IAC 201.600 through 201.635), 

which establishes PBR requirements for 

boilers burning certain types of fuel and 

with heat input capacities of less than 

or equal to 100 Million British Thermal 

Units per Hour (MMBtu/hr); (3) IEPA 

changes to certain abbreviations, 

definitions, and incorporation by 

reference (35 IAC 201.103, 35 IAC 

201.104, and 35 IAC 211.4720), which 

are all mostly related to the new PBR 

rules; and (4) IEPA minor changes in 

nomenclature at 35 IAC 201.146. 

II. Discussion of the State’s Submittal 

A. Rule Revisions That EPA Is Proposing 

To Approve 

35 IAC Part 201, Subpart M: Permit By 

Rule—General Provisions 

Subpart M establishes general 

provisions for all PBRs. The owner or 

operator of a source seeking a PBR for 

an emission unit covered by an 

applicable PBR Subpart must comply 

with all applicable requirements of 35 

IAC Part 201, Subpart M, and the 

applicable PBR Subpart for the type of 

emission unit for which a construction 

permit is required. Compliance with the 

PBR provisions satisfies the requirement 

to apply for and obtain a construction 

permit prior to construction or 

modification of the emission unit. 35 

IAC 201.500. 

For an owner or operator of a source 

to be eligible to obtain a PBR for a 

proposed or modified emission unit: (1) 

The emission unit must be located at a 

title V source that has a title V permit; 

(2) there must be a PBR that has become 

effective within 35 IAC Part 201 that is 

applicable to the emission unit; (3) the 

emission unit, either alone or as part of 

a larger project, must not be subject to 

any pre-construction permitting 

requirements for a major new source or 

major modification pursuant to 40 CFR 

52.21 or section 9.1(c) of the Illinois 

Environmental Protection Act (Illinois 

Act), including 35 IAC Part 203 or any 

other regulations adopted pursuant to 

section 9.1(c) of the Illinois Act; and (4) 

the emission unit must not be an 

element in a larger project that 

otherwise requires a construction permit 

pursuant to this Part or the Illinois Act. 

35 IAC 201.505(a)(1–4). 

Furthermore, the general provisions 

specify that a PBR does not: (1) Exempt 

any owner or operator from the 

requirements of the CAA or the Illinois 

Act, including determining whether 

construction or modification of an 

emission unit, by itself or part of a 

project, constitutes a major modification 

or major source; (2) exempt any owner 

or operator from any requirement to 

notify IEPA or list insignificant 

activities and emission levels for title V 

permit purposes; (3) relieve the owner 

or operator of a source from the 

requirement of including emissions 

associated with the emission unit in any 

preconstruction permitting application 

for a major new source or major 

modification pursuant to 40 CFR 52.21 

or Section 9(c) of the Illinois Act, 

including 35 IAC 203 and any other 

regulations adopted pursuant to Section 

9(c) of the Illinois Act; (4) relieve the 

owner or operator of the emission unit 

from any applicable requirements of 

Section 39.5 of the Illinois Act for the 

emission unit, including any 

requirement to submit a timely 

application for a new or modified title 

V permit that addresses the emission 

unit; or (5) relieve the owner or operator 

of the source from compliance with 

other applicable statutes and regulations 

of the United States or the State of 

Illinois, or with applicable local laws, 

ordinances, and regulations. 35 IAC 

201.505(b). 

If the owner or operator seeking to 

construct or modify an emission unit 

under Illinois’ PBR program meets the 

applicability criteria under the general 

provisions and the applicable PBR 

Subpart, then the owner or operator 

must submit a complete ‘‘Notification,’’ 

including fees, prior to commencing 

construction or modification of the 

emission unit. Section 35 IAC 201.510 

provides the information that the owner 

or operator must submit in the 

Notification. This includes: (1) General 

background information about the 

emission unit; (2) a statement as to 

whether the unit will be an element in 

a larger project, and if it is, a statement 

describing why a construction permit 

will not be required for any element of 

that project, and a demonstration that 

the potential emissions of each 

regulated NSR pollutant from the 

project will be less than 80 percent of 

the relevant ‘‘significant emission rates’’ 

under 40 CFR 52.21 and 35 IAC Part 

203; (3) identification of construction 

permits and PBRs received in the last 

two years and a demonstration that the 

requested PBR should not be aggregated 

with, and considered an element of, any 

of these projects that were addressed by 

the construction projects and PBRs 

identified; (4) specific information 

required by the applicable PBR Subpart 

Notification requirement; and (5) a 

statement noting whether the source is 

major or non-major for emissions of 

Hazardous Air Pollutants (HAPs), and if 

the source is non-major, documentation 

for the determination. IEPA is required 

to acknowledge receipt of the 

Notification within 30 days. 

The owner or operator may 

commence construction or modification 

of the emission unit after submittal of 

the complete Notification. If the 

submitted Notification is incomplete, 

the emission unit is not covered by a 

PBR and the owner or operator has not 

met the requirement to apply for and to 

obtain a construction permit. 35 IAC 

201.515. If the owner or operator 

proposes to modify the emission unit 

covered by a PBR, the owner or operator 

must submit a new Notification for a 

PBR or obtain a construction permit for 


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1 IEPA uses the term volatile organic material 

interchangeably with volatile organic compounds. 

See 35 IAC 211.7150 for the definition of ‘‘Volatile 

Organic Material (VOM) or Volatile Organic 

Compound (VOC).’’ 

2 35 IAC 217.150 include NOX General 

Requirements that apply to sources in Illinois 

located in the geographical locations listed in 35 

IAC 217.150(a)(1)(A) and meet the source category 

and NOX emissions criteria described in 35 IAC 

217.150(a)(1)(B). 

the modification. If the proposed 

modification causes the source at which 

an emission unit covered by a PBR is 

located to become a major source of 

HAPs, the owner or operator must 

submit a new Notification for a PBR for 

the emission unit. 35 IAC 201.520. 

A PBR expires one year from the date 

of submittal of the complete Notification 

unless a continuous program of 

construction on the project has 

commenced by that time. The owner or 

operator of the emission unit must 

submit an updated Fee Determination 

prior to commencing operation of the 

proposed emission unit if there is an 

increase in allowable emissions over the 

existing permitted allowable emissions 

as a result of the construction or 

modification of the emission unit. 35 

IAC 201.525. 

IAC Section 201.530 contains the 

recordkeeping and reporting 

requirements for the PBR program. This 

section requires the owner or operator to 

maintain all records used to 

demonstrate compliance with the 

applicable requirements of Subpart M 

and the applicable PBR Subpart for at 

least five years. The owner or operator 

must notify IEPA of the emission’s 

unit’s actual start-up date and submit 

written reports of deviations and any 

performance tests the owner or operator 

conducts. 

Before the proposed emission unit 

begins operation, the owner or operator 

must submit a complete application for 

a minor modification to the applicable 

title V permit to address the emission 

unit for incorporation into the title V 

permit. 35 IAC 201.535. Illinois’ minor 

modification procedures for title V 

permits are found in Section 39.5 of the 

Illinois Act, and parallel the Federal 

procedures in 40 CFR 70.7(e)(2). 

The enforcement authorities for the 

Illinois PBR program are set forth in 35 

IAC 201.540, which specifies that 

nothing in 35 IAC Subpart M limits 

IEPA’s authority to seek penalties and 

injunctive relief for any violation of any 

applicable law or regulation, or the right 

of the Federal government or any person 

to directly enforce against owners and 

operators due to actions or omissions 

that constitute violations of permits 

required by the CAA or applicable laws 

and regulations. Additionally, this 

section identifies specific violations for 

which enforcement action may be taken, 

such as the failure to submit a complete 

Notification and/or minor modification 

to the applicable title V permit, and/or 

comply with the PBR general provisions 

and/or applicable PBR subpart. 

35 IAC Part 201, Subpart N: Permit By 

Rule—Boilers Less Than or Equal to 100 

MMBtu/hr 

Under Subpart N, an owner or 

operator may construct or modify 

certain types of boilers without 

obtaining a construction permit if the 

owner or operator meets and 

demonstrates compliance with the 

requirements of both Subparts N and M 

(PBR General Provisions). 

A PBR may be obtained under this 

subpart for the construction or 

modification of a boiler if, among other 

things: the boiler has a maximum design 

heat input capacity of less than or equal 

50 MMBtu/hr; the boiler has a 

maximum design heat input capacity 

greater than 50 MMBtu/hr but less than 

or equal to 100 MMBtu/hr and is 

equipped with low-nitrogen oxide 

(NOX) burners designed by the 

manufacturer to meet a NOX limit of not 

greater than 0.05 lb/MMBtu; the boiler 

primarily burns pipeline natural gas, 

butane, propane, or refinery fuel gas; 

and the emissions from the boiler are 

comprised entirely of the products of 

fuel combustion. 35 IAC 201.600. 

In addition to the Notification 

requirements under Subpart M, owners 

or operators that plan to construct or 

modify an eligible boiler must include 

in the Notification, among other things: 

(1) Identification of the primary fuel that 

will be burned by the boiler, along with 

the maximum rated heat input capacity 

of the boiler (MMBtu/hr); (2) whether 

the boiler would be a temporary boiler 

as defined by 40 CFR 60.41c, and 

63.7575 or 63.11237, a demonstration 

that the criteria for a temporary boiler 

are met and the expected period or 

periods in which the boiler would be at 

a location or locations at the source; (3) 

the potential emissions of individual 

pollutants from the boiler, including 

emissions of particulate matter (PM), 

PM less than or equal to 10 microns in 

diameter (PM10), PM less than or equal 

to 2.5 microns in diameter (PM2.5), NOX, 

sulfur dioxide (SO2), carbon monoxide 

(CO), and volatile organic material1

(VOM), based on continuous operation 

of the boiler at its rated heat input 

capacity, with supporting 

documentation and calculations; if the 

boiler will have the capability to burn 

diesel fuel, butane, propane, or refinery 

fuel gas, the potential SO2 emissions of 

the boiler from the use of such fuel; and 

4) if the boiler or the source at which 

the boiler would be located does not 

meet the applicability criteria in 35 IAC 

217.150(a)(1)(A) or (a)(1)(B), an 

identification of the criteria that are not 

met, with explanation.2 35 IAC 201.605. 

Subpart N further requires owners 

and operators to comply with all 

applicable regulations for this type and 

size of boiler, including: New Source 

Performance Standards (NSPS); 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP); 

and SIP requirements for opacity, CO, 

and NOX. The NSPS and NESHAP 

standards currently applicable to the 

types of boilers addressed by the PBR 

are the following: 40 CFR part 60 

subpart A, Standards of Performance for 

New Stationary Sources; 40 CFR part 60 

subpart Dc, Standards of Performance 

for Small Industrial-CommercialInstitutional Steam Generating Units; 40 

CFR part 63, National Emission 

Standards for Hazardous Air Pollutants 

for Source Categories: Subpart A, 

General Provisions; 40 CFR part 63 

subpart DDDDD, National Emission 

Standards for Hazardous Air Pollutants 

for Source Categories for Major Sources: 

Industrial, Commercial and Institutional 

Boilers and Process Heaters; and 40 CFR 

part 63 subpart JJJJJJ, National Emission 

Standards for Hazardous Air Pollutants 

for Area Sources: Industrial, 

Commercial, and Institutional Boilers 

Area Sources. 35 IAC 201.610. 

The opacity and CO SIP requirements 

currently applicable to the types of 

boilers addressed by the proposed PBR 

include: Opacity limits and 

requirements at 35 IAC Part 212, 

Subpart B, and CO limits and 

requirements at 35 IAC 216.121. 

For NOX requirements, the owner or 

operator must comply with: (1) 35 IAC 

Part 217 Subparts D and E, if applicable; 

(2) 40 CFR subpart DDDDD, including 

the combustion tuning work practice 

requirements of 40 CFR 63.7540(a)(10), 

if applicable; and (3) for a boiler with a 

maximum design heat input capacity 

greater than 50 MMBtu/hr, and that is 

not subject to either of the above 

provisions, the owner or operator must 

conduct annual combustion tuning 

consistent with 40 CFR 63.7540(a)(10). 

35 IAC 201.615, 201.620, 201.625, and 

201.630. 

Additional requirements apply to a 

PBR boiler that burns diesel fuel or 

refinery fuel gas as a backup fuel. These 

include, among other things: 

compliance with all applicable 

provisions of 35 IAC Part 214, Subparts 


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B or D and 35 IAC 212.206; maintenance 

of records showing the date, time and 

duration of any period when diesel fuel 

was fired in the boiler, the amount of 

diesel fuel fired, the reason diesel fuel 

was fired, and the total duration of 

periodic operational testing or other 

activity while firing diesel fuel; and the 

actual SO2 emissions of the boiler from 

use of diesel fuel. 35 IAC 201.620. 

The owner or operator of each PBR 

boiler must also maintain records 

containing the following information, in 

addition to the records required by 

Subpart M: (1) The maximum design 

heat input capacity of the boiler, 

inspection, maintenance, and repair 

logs; (2) quantity of each fuel used; (3) 

hours of operation; and (4) emissions of 

criteria pollutants (PM, PM10, PM2.5,

NOX, CO, VOM, and SO2). 35 IAC 

201.635. 

Changes to Other Rules 

IEPA made changes to other SIP 

provisions that are affected by the 

addition of the PBR regulations. These 

include changes to abbreviations, 

definitions, and incorporation by 

reference, as described above, and 

include amendments to 35 IAC 201.103, 

201.104, 211.4720, and 201.146. 

IAC Section 201.103, which contains 

the definitions applicable to Part 201, 

has been revised to add terms and 

associated definitions used in the PBR 

regulations. The amendments include 

adding definitions and abbreviations 

(e.g., PBR, CAAPP, NSR, PSD, NSPS). 

IAC Section 211.4720, which also 

contains definitions that apply to Part 

201, has been revised to add a definition 

for ‘‘pipeline natural gas’’ that is 

consistent with the Federal Acid Rain 

Program under the CAA and is used in 

the proposed Subpart N PBR 

regulations. 

Additionally, IEPA revised 

incorporations by reference at 35 IAC 

201.104 to reference the Federal NSR 

program at 40 CFR 52.21 (2015) and 

certain subparts of the NSPS and 

NESHAPs for source categories that are 

included in the PBR regulations. 

Finally, IEPA changed the 

abbreviation of ‘‘mmbtu/hr’’ to 

‘‘MMBtu/hr’’ in 35 IAC 201.146. 

B. Rule Revision for Which EPA Is 

Taking No Action 

Illinois’ final rule added subsection 

(mmm) to 35 IAC 201.146, which would 

exempt sources subject to the 

Registration of Smaller Sources (ROSS) 

program from the requirement to obtain 

construction or operating permits 

pursuant to 35 IAC 201.142, 201.143, 

and 201.144. By letter dated May 14, 

2018, IEPA withdrew the amendments 

to 35 IAC 201.146(mmm) for approval as 

SIP revisions because the ROSS program 

at 35 IAC 201.175 is not part of the 

federally-approved SIP. Therefore, EPA 

is not taking any action with respect to 

35 IAC 201.146(mmm). 

III. What is EPA’s analysis? 

EPA is proposing to approve Illinois’ 

general PBR program contained in 

Subpart M, the PBR for boilers less than 

or equal to 100 MMBtu/hr contained in 

Subpart N, changes to other SIP rules 

affected by the PBR regulations, and 

minor changes in nomenclature because 

they meet all applicable requirements 

under the CAA. 

A. The Revisions Are Consistent With 

Section 110(a)(2)(C) of the CAA and the 

Applicable Regulations 

According to IEPA, the purpose of the 

PBR program is to reduce administrative 

and economic burdens on both the 

agency and permit holders without 

sacrificing environmental protection. 

The PBR program should enable IEPA to 

address source categories of low 

emitting units with similar emission 

characteristics, so that it does not need 

to conduct an in depth review to 

determine the requirements and limits 

that apply to an individual source that 

has relatively low emissions. In this 

way, the PBR program accomplishes 

similar goals to minor NSR, i.e., 

authorizing requirements that are less 

prescriptive than NSR when the 

permittees are sources with lower 

emissions. The state’s PBR program 

notification process makes it easier and 

more efficient for the reviewing 

authority to implement the PBR 

program compared to traditional sitespecific permits. See, e.g., 80 FR 25068, 

25071 (May 1, 2015). 

For example, the PBR general 

provisions require the source to identify 

all construction permits and PBRs 

received within the last two years, and 

to demonstrate why the requested PBR 

should not be aggregated with and 

considered an element of these other 

projects. This approach is consistent 

with IEPA’s federally approved minor 

NSR program (57 FR 59928, December 

17, 1992). In those regulations, the 

construction of more than one emission 

unit within a short period of time by the 

same source will be analyzed 

cumulatively by IEPA, and must be 

considered for the applicability of major 

NSR (which would entail a PSD or 

NNSR review as appropriate). 

Furthermore, Illinois’ PBR program 

should ensure that emissions of any 

criteria pollutant from a unit covered by 

a PBR will not exceed the ‘‘significance’’ 

thresholds for PSD or NNSR. See 40 

CFR 52.21(b)(23)(i) and 35 IAC 203.209. 

As part of the notification required to be 

submitted by a source seeking to 

construct or modify an eligible emission 

unit, the source must demonstrate that 

the potential emissions of each 

regulated NSR pollutant from the 

project will be less than 80 percent of 

the relevant significant emission rates 

under Federal and state rules. 

Additionally, the PBR requires pollution 

controls for those units with a heat 

input rating greater than 50 MMBtu/hr 

but less than or equal to 100 MMBtu/hr. 

These boilers are required to install lowNOX burners to ensure that they will not 

emit NOX emissions in amounts greater 

than the level that would trigger a major 

modification subject to PSD or NNSR. 

IEPA conducted an analysis to 

demonstrate that the construction of any 

boiler under the PBR for small boilers 

should not yield emissions of criteria 

pollutants in amounts that would 

exceed major source significance 

thresholds triggering major NSR. For 

example, the maximum emissions of 

NOX from a l00 MMBtu/hr boiler with 

a low-NOX burner designed to meet a 

limit of 0.05 lb/MMBtu operating at 

8760 hours per year would be 

approximately 21.9 tons per year. This 

emission rate is approximately half of 

the significance threshold for triggering 

major NSR (i.e., 40 tons per year of 

NOX). Further discussion concerning 

potential emissions from PBR boilers 

may be found in section 4.1 of the May 

2016 IEPA Technical Support Document 

included in Attachment 1 of the state’s 

submittal. 

The general PBR provisions also 

contain specific criteria that limits the 

type of sources that may use the PBR 

and allow for permit authority review 

when the PBR requirements are 

incorporated into the source’s title V 

permit. Sources that elect to use the PBR 

are required to apply for a minor 

modification to the title V permit prior 

to operation of the PBR unit to ensure 

that all applicable PBR requirements to 

the emission unit have been addressed. 

This ensures that the public 

understands the requirements to which 

the source is subject, and that IEPA 

receives and has the opportunity to 

review all relevant information 

regarding a sources’ compliance with 

the PBR. Under Section 39.5(a)(v)(B) of 

the Illinois Act, IEPA has the option to 

deny the permit modification 

application, which provides an 

additional safeguard to the PBR program 

should IEPA identify any issues with 

the source’s application. 

Additionally, IEPA has limited the 

type of unit that may be constructed 

under the PBR. The type of boilers 


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eligible to be constructed/modified 

under the PBR are common and contain 

well documented and similar emission 

characteristics, such as those 

documented in AP–42: Compilation of 

Air Pollutant Emission Factors, which 

provides emission factors for this size 

and type of boilers based on testing that 

has been performed over many years. 

See also, e.g., Potential to Emit (PTE) 

Guidance for Specific Source 

Categories, from John S. Seitz, Office of 

Air Quality Planning and Standards, 

dated April 14, 1998. The PBR 

provisions thereby ensure that these 

small boilers are subject to all 

applicable requirements, such as SIP 

emission limitations and requirements, 

and NSPS and NESHAP requirements, 

that would otherwise be included in 

individual construction permits for 

these types of boilers. 

For the above reasons, the proposed 

SIP revisions are consistent with the 

CAA’s minor source permit provisions 

contained in section 110(a)(2)(C) and 

EPA’s minor NSR regulations at 40 CFR 

51.160 through 51.164. The PBR 

provisions enable the permitting 

authority to determine whether the 

construction or modification will result 

in a violation of applicable portions of 

the control strategy or interfere with 

attainment or maintenance of a NAAQS, 

as required by 40 CFR 51.160(a). 

Further, these provisions satisfy the 

provisions of 40 CFR 51.160(d), which 

require that approval of any 

construction or modification must not 

affect the responsibility of the owner or 

operator to comply applicable portions 

of the control strategy. 

EPA is also proposing to approve the 

changes to other rules affected by the 

PBR regulations, including revisions to 

definitions and incorporation by 

reference. The definitions update 

Illinois’ rules to add terms and 

associated definitions used in the PBR 

regulations and are consistent with the 

SIP. EPA is proposing to approve 

amendments to IEPA’s incorporation by 

reference regulation based on the 

understanding memorialized in a letter 

submitted by IEPA dated May 16, 2018. 

In that letter, IEPA clarified that its sole 

intention in using incorporations by 

reference is to reference, and not adopt, 

the Federal rules that are identified in 

the PBR rules at 35 IAC Part 201, 

Subparts M and N, including the 

Federal PSD regulations. Furthermore, 

in that letter, IEPA committed to 

continue implementing the most recent 

version of the Federal PSD program (40 

CFR 52.21) and current EPA guidance 

consistent with the most recent PSD 

delegation agreement between EPA and 

IEPA. 

Finally, EPA is proposing to approve 

the change in nomenclature at 35 IAC 

201.146 from ‘‘mmbtu/hr’’ to ‘‘MMBtu/ 

hr’’ because it is consistent with the 

CAA and SIP, and the use of that term 

merely reflects the use of that 

abbreviation in the state’s regulations to 

mean pounds per million British 

thermal units. 

B. The Revisions Do Not Interfere With 

Any Applicable CAA Requirement 

Under Section 110(l) of the CAA 

Under section 110(l) of the CAA, EPA 

shall not approve a SIP revision if the 

revision would interfere with any 

applicable requirement concerning 

attainment and ‘‘reasonable further 

progress’’ (RFP), or any other applicable 

requirement of the CAA. Therefore, EPA 

may approve a SIP revision that 

removes or modifies control measures in 

the SIP only after the state has 

demonstrated that such removal or 

modification will not interfere 

(‘‘noninterference’’) with attainment of 

the NAAQS, Rate of Progress (ROP), 

RFP or any other CAA requirement. 

IEPA has evaluated the impacts of the 

proposed revisions, and determined that 

they do not interfere with attainment of 

the NAAQS or any other CAA 

requirement because the use of the PBR 

provides the same level of, and, in some 

cases, additional control measures as 

the control measures that would be 

included in an individual construction 

permit for small boilers. IEPA has 

demonstrated that the PBR program is 

essentially a change to the process by 

which smaller sources with similar 

emission characteristics obtain 

authorization to construct. 

IEPA notes that the PBR for small 

boilers includes the requirements that 

would typically be included in an 

individual construction permit issued 

on a case-by-case basis under Illinois’ 

minor NSR rules at 35 IAC 201. This 

includes requirements such as the 

Federal emission standards (NSPS and 

NESHAP) and SIP requirements, 

including emission limitations, 

conditions for operation, and standard 

permitting conditions. Furthermore, 

IEPA points out that the PBR program 

does not exempt an emission unit from 

any air pollution emission limits or 

control requirements. Therefore, as 

discussed above, emissions of pollutants 

from sources complying with the PBR 

for small boilers should not result in an 

increase beyond what would result from 

construction or modification of these 

types of boilers through an individual 

minor NSR construction permit. 

IEPA has also shown that the PBR for 

small boilers may require more control 

measures than an individual 

construction permit in certain instances. 

For example, Illinois’ minor NSR rules 

do not require an individual 

construction permit to contain boiler 

tune-up requirements or installation of 

low-NOX burners on every small boiler. 

The PBR for small boilers, however, 

does include boiler tune-up 

requirements and the requirement to 

install low-NOX burners designed to 

meet a NOX emission limit of not greater 

than 0.05 lb/MMBtu for boilers with a 

heat input greater than 50 MMBtu/hr. 

Therefore, in some cases, the PBR may 

be more protective of air quality than an 

individual construction permit. 

Finally, the PBR provisions do not 

interfere with any existing 

environmental state or Federal 

enforcement authorities. If a PBR unit is 

found to be in violation of any 

applicable state or Federal rules, IEPA 

or EPA may pursue enforcement 

regardless of whether the source has a 

construction permit or constructed 

under the PBR provisions. 

Because the PBR rules should achieve 

equivalent or greater protection of air 

quality than individual construction 

permits for small boilers, 

noninterference has been demonstrated. 

Therefore, the adoption of the proposed 

PBR provisions will not interfere with 

Illinois’ existing obligations concerning 

attainment of the NAAQS, RFP, or any 

other applicable requirement of the 

CAA, as required by section 110(l) of the 

CAA. 

IV. What action is EPA taking? 

EPA is proposing to approve Illinois’ 

PBR program and the PBR for boilers 

less than or equal to 100 MMBtu/hr by 

adding 35 IAC Part 201, Subpart M and 

Subpart N. Specifically, EPA is 

proposing to approve into the Illinois 

SIP IAC Sections 201.500, 201.505, 

201.510, 201.515, 201.520, 201.525, 

201.530, 201.535, 201.540, 201.600, 

201.605, 201.610, 201.615, 201.620, 

201.625, 201.630, and 201.635. 

EPA is also proposing to approve the 

requested revisions to other rules 

affected by the addition of the PBR 

program, including additions and 

changes to definitions and 

incorporations by reference. 

Specifically, EPA is proposing to 

approve into the Illinois SIP the 

requested revisions to IAC Sections: 

201.103(a) and (b); 201.104(a), (c), (d), 

and (e); and 211.4720. EPA is also 

proposing to approve into the Illinois 

SIP the requested changes in 

nomenclature at IAC Section 201.146(c), 

(d), (h), (i), and (fff). 

EPA is not acting on the requested 

revisions to IAC Section 201.146(mmm), 

because the revisions exempt sources 


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Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules 33899 

subject to the ROSS program from state 

construction and operating permit 

requirements, and the ROSS program is 

not part of the federally-approved SIP. 

V. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

revisions to Title 35 of Illinois 

Administrative Code Part 201: Permits 

and General Provisions, sections 

201.103, 201.104 (except for 201.104(b)), 

201.146 (except for 201.146(mmm)), 

201.500, 201.505, 201.510, 201.515, 

201.520, 201.525, 201.530, 201.535, 

201.540, 201.600, 201.605, 201.610, 

201.615, 201.620, 201.625, 201.630, and 

201.635; and Part 211: Definitions and 

General Provisions, section 211.4720; 

effective March 24, 2017. 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). 

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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 9, 2018. 

Cathy Stepp, 

Regional Administrator, Region 5. 

[FR Doc. 2018–15252 Filed 7–17–18; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket Nos. 13–24 and 03–123; FCC 

18–79] 

IP CTS Modernization and Reform 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission (FCC or 

Commission) proposes measures to 

ensure that internet Protocol Captioned 

Telephone Service (IP CTS) remains 

sustainable for those individuals who 

need it by reducing waste and thereby 

bringing under control the exponential 

growth of the program. The Commission 

seeks comment on measures to ensure 

fair and efficient provider 

compensation, including compensation 

for the provision of IP CTS using fully 

automated speech recognition (ASR); 

move the compensation rate closer to 

reasonable cost; expand the IP CTS 

contribution base; and reduce the risk of 

providers signing up ineligible 

customers and encouraging IP CTS 

usage regardless of a consumer’s need 

for the service. The Commission also 

seeks comment on IP CTS performance 

goals and metrics to ensure service 

quality for users. 

DATES: Comments on the Further Notice 

of Proposed Rulemaking are due 

September 17, 2018; reply comments on 

the Further Notice of Proposed 

Rulemaking are due October 16, 2018. 

Comments on the Notice of Inquiry are 

due October 16, 2018; reply comments 

on the Notice of Inquiry are due 

November 15, 2018. 

ADDRESSES: You may submit comments, 

identified by CG Docket Nos. 03–123 

and 13–24, by either of the following 

methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the Commission’s Electronic 

Filing System (ECFS): https://

www.fcc.gov/ecfs/filings. Filers should 

follow the instructions provided on the 

website for submitting comments. For 

ECFS filers, in completing the 

transmittal screen, filers should include 

their full name, U.S. Postal service 

mailing address, and CG Docket Nos. 

03–123 and 13–24. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. If more than one 

docket or rulemaking number appears in 

the caption of this proceeding, filers 

must submit two additional copies for 

each additional docket or rulemaking 

number. Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Michael Scott, Consumer and 


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