Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Proposed Rules 40693 

If you file your comment on paper, 

write ‘‘Hobby Protection Rules Review’’ 

on your comment and on the envelope, 

and mail your comment to the following 

address: Federal Trade Commission, 

Office of the Secretary, 600 

Pennsylvania Avenue NW., Suite CC– 

5610 (Annex B), Washington, DC 20580, 

or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW., 

5th Floor, Suite 5610 (Annex B), 

Washington, DC 20024. 

Visit the Commission Web site at 

http://www.ftc.gov to read this Notice 

and the news release describing it. The 

FTC Act and other laws that the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives on or 

before September 22, 2014. You can find 

more information, including routine 

uses permitted by the Privacy Act, in 

the Commission’s privacy policy, at 

http://www.ftc.gov/ftc/privacy.htm. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2014–16340 Filed 7–11–14; 8:45 am] 

BILLING CODE 6750–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0969; EPA–R05– 

OAR–2012–0991; EPA–R05–OAR–2013– 

0435; FRL–9913–16–Region–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Infrastructure SIP Requirements for 

the 2008 Ozone, 2010 NO2, and 2010 

SO2 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

some elements and disapprove other 

elements of a state implementation plan 

(SIP) submission from Illinois regarding 

the infrastructure requirements of 

section 110 of the Clean Air Act (CAA) 

for the 2008 8-hour ground level ozone, 

2010 nitrogen dioxide (NO2), and 2010 

sulfur dioxide (SO2) National Ambient 

Air Quality Standards (NAAQS). The 

infrastructure requirements are designed 

to ensure that the structural components 

of each state’s air quality management 

program are adequate to meet the state’s 

responsibilities under the CAA. Illinois 

already administers Federally 

promulgated regulations that address 

the proposed disapprovals described in 

today’s rulemaking. Therefore, the state 

will not be obligated to submit any new 

or additional regulations as a result of 

a future final disapproval. 

DATES: Comments must be received on 

or before August 13, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2011–0969 (2008 ozone 

infrastructure elements), EPA–R05– 

OAR–2012–0991 (2010 NO2

infrastructure elements), or EPA–R05– 

OAR–2013–0435 (2010 SO2

infrastructure elements) by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID. EPA–R05–OAR–2011–0969 

(2008 ozone infrastructure elements), 

EPA–R05–OAR–2012–0991 (2010 NO2

infrastructure elements), or EPA–R05– 

OAR–2013–0435 (2010 SO2

infrastructure elements). EPA’s policy is 

that all comments received will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

www.regulations.gov or email. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency, Region 5, Air and Radiation 

Division, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. This facility is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Andy Chang, 

Environmental Engineer, at (312) 886– 

0258 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, Environmental Engineer, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–0258, 

chang.andy@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. What should I consider as I prepare my 

comments for EPA? 

II. What is the background of these SIP 

submissions? 

A. What state SIP submissions does this 

rulemaking address? 

B. Why did the state make these SIP 

submissions? 

C. What is the scope of this rulemaking? 

III. What guidance is EPA using to evaluate 

these SIP submissions? 

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1PM2.5 refers to particulate matter of 2.5 microns 

or less in diameter, oftentimes referred to as ‘‘fine’’ 

particles. 

IV. What is the result of EPA’s review of 

these SIP submissions? 

A. Section 110(a)(2)(A)—Emission Limits 

and Other Control Measures 

B. Section 110(a)(2)(B)—Ambient Air 

Quality Monitoring/Data System 

C. Section 110(a)(2)(C)—Program for 

Enforcement of Control Measures; PSD 

D. Section 110(a)(2)(D)—Interstate 

Transport 

E. Section 110(a)(2)(E)—Adequate 

Resources 

F. Section 110(a)(2)(F)—Stationary Source 

Monitoring System 

G. Section 110(a)(2)(G)—Emergency 

Powers 

H. Section 110(a)(2)(H)—Future SIP 

Revisions 

I. Section 110(a)(2)(I)—Nonattainment Area 

Plan or Plan Revisions Under Part D 

J. Section 110(a)(2)(J)—Consultation With 

Government Officials; Public 

Notifications; PSD; Visibility Protection 

K. Section 110(a)(2)(K)—Air Quality 

Modeling/Data 

L. Section 110(a)(2)(L)—Permitting Fees 

M. Section 110(a)(2)(M)—Consultation/

Participation by Affected Local Entities 

V. What action is EPA taking? 

VI. Statutory and Executive Order Reviews 

I. What should I consider as I prepare 

my comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

2. Follow directions—EPA may ask 

you to respond to specific questions or 

organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What is the background of these SIP 

submissions? 

A. What state SIP submissions does this 

rulemaking address? 

This rulemaking addresses a 

December 31, 2012, submission and a 

June 11, 2014, clarification from the 

Illinois Environmental Protection 

Agency (Illinois EPA) intended to 

address all applicable infrastructure 

requirements for the 2008 ozone, 2010 

NO2, and 2010 SO2 NAAQS. 

B. Why did the state make these SIP 

submissions? 

Under sections 110(a)(1) and (2) of the 

CAA, states are required to submit 

infrastructure SIPs to ensure that their 

SIPs provide for implementation, 

maintenance, and enforcement of the 

NAAQS, including the 2008 ozone, 

2010 NO2, and 2010 SO2 NAAQS. These 

submissions must contain any revisions 

needed for meeting the applicable SIP 

requirements of section 110(a)(2), or 

certifications that their existing SIPs for 

the NAAQS already meet those 

requirements. 

EPA highlighted this statutory 

requirement in an October 2, 2007, 

guidance document entitled ‘‘Guidance 

on SIP Elements Required Under 

Sections 110(a)(1) and (2) for the 1997 

8-hour Ozone and PM2.5 National 

Ambient Air Quality Standards’’ (2007 

Memo). On September 25, 2009, EPA 

issued an additional guidance document 

pertaining to the 2006 PM2.5 1 NAAQS 

entitled ‘‘Guidance on SIP Elements 

Required Under Sections 110(a)(1) and 

(2) for the 2006 24-Hour Fine Particle 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS)’’ (2009 Memo), 

followed by the October 14, 2011, 

‘‘Guidance on infrastructure SIP 

Elements Required Under Sections 

110(a)(1) and (2) for the 2008 Lead (Pb) 

National Ambient Air Quality Standards 

(NAAQS)’’ (2011 Memo). Most recently, 

EPA issued ‘‘Guidance on Infrastructure 

State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 

110(a)(1) and (2)’’ on September 13, 

2013 (2013 Memo). The SIP submissions 

referenced in this rulemaking pertain to 

the applicable requirements of section 

110(a)(1) and (2), and address the 2008 

ozone, 2010 NO2, and 2010 SO2

NAAQS. To the extent that the 

prevention of significant deterioration 

(PSD) program is comprehensive and 

non-NAAQS specific, a narrow 

evaluation of other NAAQS, such as the 

1997 8-hour ozone and 2006 PM2.5

NAAQS will be included in the 

appropriate sections. 

C. What is the scope of this rulemaking? 

EPA is acting upon the SIP 

submission from Illinois that address 

the infrastructure requirements of CAA 

sections 110(a)(1) and 110(a)(2) for the 

2008 ozone, 2010 NO2, and 2010 SO2

NAAQS. The requirement for states to 

make a SIP submission of this type 

arises out of CAA section 110(a)(1). 

Pursuant to section 110(a)(1), states 

must make SIP submissions ‘‘within 3 

years (or such shorter period as the 

Administrator may prescribe) after the 

promulgation of a national primary 

ambient air quality standard (or any 

revision thereof),’’ and these SIP 

submissions are to provide for the 

‘‘implementation, maintenance, and 

enforcement’’ of such NAAQS. The 

statute directly imposes on states the 

duty to make these SIP submissions, 

and the requirement to make the 

submissions is not conditioned upon 

EPA’s taking any action other than 

promulgating a new or revised NAAQS. 

Section 110(a)(2) includes a list of 

specific elements that ‘‘[e]ach such 

plan’’ submission must address. 

EPA has historically referred to these 

SIP submissions made for the purpose 

of satisfying the requirements of CAA 

sections 110(a)(1) and 110(a)(2) as 

‘‘infrastructure SIP’’ submissions. 

Although the term ‘‘infrastructure SIP’’ 

does not appear in the CAA, EPA uses 

the term to distinguish this particular 

type of SIP submission from 

submissions that are intended to satisfy 

other SIP requirements under the CAA, 

such as ‘‘nonattainment SIP’’ or 

‘‘attainment plan SIP’’ submissions to 

address the nonattainment planning 

requirements of part D of title I of the 

CAA, ‘‘regional haze SIP’’ submissions 

required by EPA rule to address the 

visibility protection requirements of 

CAA section 169A, and nonattainment 

new source review (NNSR) permit 

program submissions to address the 

permit requirements of CAA, title I, part 

D. 

This rulemaking will not cover three 

substantive areas that are not integral to 

acting on a state’s infrastructure SIP 

submission: (i) Existing provisions 

related to excess emissions during 

periods of start-up, shutdown, or 

malfunction at sources, that may be 

contrary to the CAA and EPA’s policies 

addressing such excess emissions 

(‘‘SSM’’); (ii) existing provisions related 

to ‘‘director’s variance’’ or ‘‘director’s 

discretion’’ that purport to permit 

revisions to SIP approved emissions 

limits with limited public process or 

without requiring further approval by 

EPA, that may be contrary to the CAA 

(‘‘director’s discretion’’); and, (iii) 

existing provisions for PSD programs 

that may be inconsistent with current 

requirements of EPA’s ‘‘Final NSR 

Improvement Rule,’’ 67 FR 80186 

(December 31, 2002), as amended by 72 

FR 32526 (June 13, 2007) (‘‘NSR 

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2See, e.g., EPA’s 73 FR 66964 at 67034, final rule 

on ‘‘National Ambient Air Quality Standards for 

Lead.’’ 

3PM10 refers to particles with diameters between 

2.5 and 10 microns, oftentimes referred to as 

‘‘coarse’’ particles. 

4 In EPA’s April 28, 2011, proposed rulemaking 

for infrastructure SIPS for the 1997 ozone and PM2.5

NAAQS, we stated that each state’s PSD program 

must meet applicable requirements for evaluation of 

all regulated NSR pollutants in PSD permits (see 76 

FR 23757 at 23760). This view was reiterated in 

EPA’s August 2, 2012, proposed rulemaking for 

infrastructure SIPs for the 2006 PM2.5 NAAQS (see 

77 FR 45992 at 45998). In other words, if a state 

lacks provisions needed to adequately address NOX

as a precursor to ozone, PM2.5 precursors, PM2.5 and 

PM10 condensables, PM2.5 increments, or the 

Federal GHG permitting thresholds, the provisions 

of section 110(a)(2)(C) requiring a suitable PSD 

permitting program must be considered not to be 

met irrespective of the NAAQS that triggered the 

requirement to submit an infrastructure SIP. 

Reform’’). Instead, EPA has the 

authority to address each one of these 

substantive areas in separate 

rulemakings. A detailed history, 

interpretation, and rationale as they 

relate to infrastructure SIP requirements 

can be found in EPA’s May 13, 2014, 

proposed rule entitled, ‘‘Infrastructure 

SIP Requirements for the 2008 Lead 

NAAQS’’ in the section, ‘‘What is the 

scope of this rulemaking?’’ (see 79 FR 

27241 at 27242–27245). 

III. What guidance is EPA using to 

evaluate these SIP submissions? 

EPA’s guidance for these 

infrastructure SIP submissions is 

embodied in the 2007 Memo. 

Specifically, attachment A of this 

memorandum (Required Section 110 

SIP Elements) identifies the statutory 

elements that states need to submit in 

order to satisfy the requirements for an 

infrastructure SIP submission. The 2009 

Memo was issued to provide additional 

guidance for certain elements to meet 

the requirements of section 110(a)(1) 

and (2) of the CAA, and the 2011 Memo 

echoes previously issued guidance 

while also providing specific guidance 

with respect to the 2008 lead NAAQS. 

Lastly, the 2013 Memo identifies and 

further clarifies aspects of infrastructure 

SIPs that are not NAAQS specific. 

IV. What is the result of EPA’s review 

of these SIP submissions? 

As noted in the 2011 Memo and 

reiterated in the 2013 Memo, pursuant 

to section 110(a), states must provide 

reasonable notice and opportunity for 

public hearing for all infrastructure SIP 

submissions. The public comment 

period for Illinois EPA’s infrastructure 

SIP submission ended on December 26, 

2012; during this period, the state did 

not receive any written comments, nor 

was there a request for a public hearing. 

EPA is also soliciting comment on our 

evaluation of the state’s infrastructure 

SIP submission in this notice of 

proposed rulemaking. Illinois provided 

a detailed synopsis of how various 

components of its SIP meet each of the 

applicable requirements in section 

110(a)(2) for the 2008 ozone, 2010 NO2, 

and 2010 SO2 NAAQS, as applicable. 

The following review evaluates the 

state’s submissions. 

A. Section 110(a)(2)(A)—Emission 

Limits and Other Control Measures 

This section requires SIPs to include 

enforceable emission limits and other 

control measures, means or techniques, 

schedules for compliance, and other 

related matters. However, EPA has long 

interpreted emission limits and control 

measures for attaining the standards as 

being due when nonattainment 

planning requirements are due.2 In the 

context of an infrastructure SIP, EPA is 

not evaluating the existing SIP 

provisions for this purpose. Instead, 

EPA is only evaluating whether the 

state’s SIP has basic structural 

provisions for the implementation of the 

NAAQS. 

The Illinois Environmental Protection 

Act is contained in chapter 415, section 

5, of the Illinois Compiled Statutes (415 

ILCS 5). 415 ILCS 5/4 provides Illinois 

EPA with the authority to develop rules 

and regulations necessary to meet 

ambient air quality standards. 

Additionally, the Illinois Pollution 

Control Board (IPCB) was created under 

415 ILCS 5, providing the IPCB with the 

authority to develop rules and 

regulations necessary to promote the 

purposes of the Illinois Environmental 

Protection Act. Furthermore, the IPCB 

ensures compliance with required laws 

and other elements of the state’s 

attainment plan that are necessary to 

attain the NAAQS, and to comply with 

the requirements of the CAA (415 ILCS 

5/10). EPA proposes that Illinois has 

met the infrastructure SIP requirements 

of section 110(a)(2)(A) with respect to 

the 2008 ozone, 2010 NO2, and 2010 

SO2 NAAQS. 

As previously noted, EPA is not 

proposing to approve or disapprove any 

existing state provisions or rules related 

to SSM or director’s discretion in the 

context of section 110(a)(2)(A). 

B. Section 110(a)(2)(B)—Ambient Air 

Quality Monitoring/Data System 

This section requires SIPs to include 

provisions to provide for establishing 

and operating ambient air quality 

monitors, collecting and analyzing 

ambient air quality data, and making 

these data available to EPA upon 

request. This review of the annual 

monitoring plan includes EPA’s 

determination that the state: (i) Monitors 

air quality at appropriate locations 

throughout the state using EPAapproved Federal Reference Methods or 

Federal Equivalent Method monitors; 

(ii) submits data to EPA’s Air Quality 

System (AQS) in a timely manner; and, 

(iii) provides EPA Regional Offices with 

prior notification of any planned 

changes to monitoring sites or the 

network plan. 

Illinois EPA continues to operate an 

extensive monitoring network 

incorporating more than 200 monitors 

throughout the state. Illinois EPA also 

publishes an annual report that 

summarizes air quality trends. 

Furthermore, Illinois EPA submits 

yearly monitoring network plans to 

EPA, and EPA approved the 2014 

Annual Air Monitoring Network Plan 

for ozone, NO2, and SO2 on August 21, 

2013. Monitoring data from Illinois EPA 

are entered into AQS in a timely 

manner, and the state provides EPA 

with prior notification when changes to 

its monitoring network or plan are being 

considered. EPA proposes that Illinois 

has met the infrastructure SIP 

requirements of section 110(a)(2)(B) 

with respect to the 2008 ozone, 2010 

NO2, and 2010 SO2 NAAQS. 

C. Section 110(a)(2)(C)—Program for 

Enforcement of Control Measures; PSD 

States are required to include a 

program providing for enforcement of 

all SIP measures and the regulation of 

construction of new or modified 

stationary sources to meet NSR 

requirements under PSD and NNSR 

programs. Part C of the CAA (sections 

160–169B) addresses PSD, while part D 

of the CAA (sections 171–193) addresses 

NNSR requirements. 

The evaluation of Illinois EPA’s 

submission addressing the 

infrastructure SIP requirements of 

section 110(a)(2)(C) covers: (i) 

Enforcement of SIP measures; (ii) 

Identification of oxides of nitrogen 

(NOX) as a precursor to ozone 

provisions in the PSD program; (iii) 

identification of precursors to PM2.5 and 

the identification of PM2.5 and PM10 3

condensables in the PSD program; (iv) 

PM2.5 increments in the PSD program; 

and, (v) greenhouse gas (GHG) 

permitting and the ‘‘Tailoring Rule.’’ 4

Sub-Element 1: Enforcement of SIP 

Measures 

Illinois continues to staff and 

implement an enforcement program 

comprised of and operated by the 

Compliance Section and Division of 

Legal Counsel. 415 ILCS 5/4 provides 

the Director of Illinois EPA with the 

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5Similar changes were codified in 40 CFR 52.21. 

6Note that this section of 40 CFR 51.166 has been 

amended as a result of EPA’s Final Rule on the 

‘‘Implementation of the New Source Review (NSR) 

Program for Particulate Matter Less than 2.5 

Micrometers (PM2.5); the regulatory text as listed 

was current as of the issuance of the Phase 2 Rule. 

The current citation for the VOCs and NOX as 

precursors for ozone are contained in 40 CFR 

51.166 (b)(49)(i)(b)(i). 

7EPA notes that on January 4, 2013, the U.S. 

Court of Appeals for the D.C. Circuit, in Natural 

Resources Defense Council v. EPA, 706 F.3d 428 

(D.C. Cir.), held that EPA should have issued the 

2008 NSR Rule in accordance with the CAA’s 

requirements for PM10 nonattainment areas (Title I, 

Part D, subpart 4), and not the general requirements 

for nonattainment areas under subpart 1 (Natural 

Resources Defense Council v. EPA, No. 08–1250). 

As the subpart 4 provisions apply only to 

nonattainment areas, the EPA does not consider the 

portions of the 2008 rule that address requirements 

for PM2.5 attainment and unclassifiable areas to be 

affected by the court’s opinion. Moreover, EPA does 

not anticipate the need to revise any PSD 

requirements promulgated by the 2008 NSR rule in 

order to comply with the court’s decision. 

Accordingly, the EPA’s action on Illinois’ 

infrastructure SIP as to elements (C), (D)(i)(II), or (J) 

with respect to the PSD requirements promulgated 

by the 2008 implementation rule does not conflict 

with the court’s opinion. The Court’s decision with 

respect to the nonattainment NSR requirements 

promulgated by the 2008 implementation rule also 

does not affect EPA’s action on the present 

infrastructure action. EPA interprets the CAA to 

exclude nonattainment area requirements, 

including requirements associated with a 

nonattainment NSR program, from infrastructure 

SIP submissions due three years after adoption or 

revision of a NAAQS. Instead, these elements are 

typically referred to as nonattainment SIP or 

attainment plan elements, which would be due by 

the dates statutorily prescribed under subpart 2 

through 5 under part D, extending as far as 10 years 

following designations for some elements. 

authority to implement and administer 

this enforcement program. Furthermore, 

Illinois EPA has confirmed that all 

enforcement actions are brought by the 

Office of the Illinois Attorney General or 

local State’s Attorney offices, with 

whom Illinois EPA consults. EPA 

proposes that Illinois has met the 

enforcement of SIP measures 

requirements of section 110(a)(2)(C) 

with respect to the 2008 ozone, 2010 

NO2, and 2010 SO2 NAAQS. 

EPA recognizes that Illinois has not 

adopted or submitted regulations 

intended to meet each of the PSD 

program and GHG permitting/Tailoring 

Rule sub-element requirements, as 

described below. However, Federally 

promulgated rules for each of these 

regulations and their associated 

requirements are in effect in the state, 

promulgated at 40 CFR 52.21. EPA has 

currently delegated the authority to 

implement these regulations to Illinois 

and as a result, the state has no further 

obligations to EPA, i.e., to submit new 

or revised regulations, because it 

already administers the Federally 

promulgated PSD regulations. 

Sub-Element 2: Identification of NOX as 

a Precursor to Ozone Provisions in the 

PSD Program 

EPA’s ‘‘Final Rule to Implement the 8- 

Hour Ozone National Ambient Air 

Quality Standard—Phase 2; Final Rule 

to Implement Certain Aspects of the 

1990 Amendments Relating to New 

Source Review and Prevention of 

Significant Deterioration as They Apply 

in Carbon Monoxide, Particulate Matter, 

and Ozone NAAQS; Final Rule for 

Reformulated Gasoline’’ (Phase 2 Rule) 

was published on November 29, 2005 

(see 70 FR 71612). Among other 

requirements, the Phase 2 Rule 

obligated states to revise their PSD 

programs to explicitly identify NOX as 

a precursor to ozone (70 FR 71612 at 

71679, 71699–71700). This requirement 

was codified in 40 CFR 51.166, and 

consisted of the following 5: 

40 CFR 51.166 (b)(1)(ii): A major source 

that is major for volatile organic compounds 

(VOCs) or NOX shall be considered major for 

ozone; 

40 CFR 51.166 (b)(2)(ii): Any significant 

emissions increase (as defined at paragraph 

(b)(39) of this section) from any emissions 

units or net emissions increase (as defined in 

paragraph (b)(3) of this section) at a major 

stationary source that is significant for VOCs 

or NOX shall be considered significant for 

ozone; 

40 CFR 51.166 (b)(23)(i): Ozone: 40 tons 

per year (tpy) of VOCs or NOX; 

40 CFR 51.166 (b)(49)(i) 6: Any pollutant 

for which a NAAQS has been promulgated 

and any constituents or precursors for such 

pollutants identified by the Administrator 

(e.g., VOCs and NOX) are precursors for 

ozone; and 

40 CFR 51.166 (i)(5)(i)(e) footnote 1: No de 

minimis air quality level is provided for 

ozone. However, any net emissions increase 

of 100 tpy or more of VOCs or NOX subject 

to PSD would be required to perform an 

ambient impact analysis, including the 

gathering of air quality data. 

The Phase 2 Rule required that states 

submit SIP revisions incorporating the 

requirements of the rule, including 

these specific NOX as a precursor to 

ozone provisions, by June 15, 2007 (see 

70 FR 71612 at 71683). 

Sub-Element 3: Identification of 

Precursors to PM2.5 and the 

Identification of PM2.5 and PM10

Condensables in the PSD Program 

On May 16, 2008 (see 73 FR 28321), 

EPA issued the Final Rule on the 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ (2008 NSR Rule). The 2008 

NSR Rule finalized several new 

requirements for SIPs to address sources 

that emit direct PM2.5 and other 

pollutants that contribute to secondary 

PM2.5 formation. One of these 

requirements is for PSD permits to 

address pollutants responsible for the 

secondary formation of PM2.5, otherwise 

known as precursors. In the 2008 rule, 

EPA identified precursors to PM2.5 for 

the PSD program to be sulfur dioxide 

(SO2) and NOX (unless the state 

demonstrates to the Administrator’s 

satisfaction or EPA demonstrates that 

NOX emissions in an area are not a 

significant contributor to that area’s 

ambient PM2.5 concentrations). The 

2008 NSR Rule also specifies that VOCs 

are not considered to be precursors to 

PM2.5 in the PSD program unless the 

state demonstrates to the 

Administrator’s satisfaction or EPA 

demonstrates that emissions of VOCs in 

an area are significant contributors to 

that area’s ambient PM2.5

concentrations. 

The explicit references to SO2, NOX, 

and VOCs as they pertain to secondary 

PM2.5 formation are codified at 40 CFR 

51.166(b)(49)(i)(b) and 40 CFR 

52.21(b)(50)(i)(b). As part of identifying 

pollutants that are precursors to PM2.5,

the 2008 NSR Rule also required states 

to revise the definition of ‘‘significant’’ 

as it relates to a net emissions increase 

or the potential of a source to emit 

pollutants. Specifically, 40 CFR 

51.166(b)(23)(i) and 40 CFR 

52.21(b)(23)(i) define ‘‘significant’’ for 

PM2.5 to mean the following emissions 

rates: 10 tpy of direct PM2.5; 40 tpy of 

SO2; and 40 tpy of NOX (unless the state 

demonstrates to the Administrator’s 

satisfaction or EPA demonstrates that 

NOX emissions in an area are not a 

significant contributor to that area’s 

ambient PM2.5 concentrations). The 

deadline for states to submit SIP 

revisions to their PSD programs 

incorporating these changes was May 

16, 2011 (see 73 FR 28321 at 28341).7

The 2008 NSR Rule did not require 

states to immediately account for gases 

that could condense to form particulate 

matter, known as condensables, in PM2.5

and PM10 emission limits in PSD 

permits. Instead, EPA determined that 

states had to account for PM2.5 and PM10

condensables for applicability 

determinations and in establishing 

emissions limitations for PM2.5 and 

PM10 in PSD permits beginning on or 

after January 1, 2011. This requirement 

is codified in 40 CFR 51.166(b)(49)(i)(a) 

and 40 CFR 52.21(b)(50)(i)(a). Revisions 

to states’ PSD programs incorporating 

the inclusion of condensables were 

required to be submitted to EPA by May 

16, 2011 (see 73 FR 28321 at 28341). 

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8http://www.epa.gov/NSR/actions.html#2010. 

9Section 110(a)(2)(E) requires that states have the 

resources to administer an air quality management 

program. Some states that are not covered by the 

Narrowing Rule may not be able to adequately 

demonstrate that they have adequate personnel to 

issue GHG permits to all sources that emit GHG 

under the Tailoring Rule thresholds. 

10The level of the 2010 NO2 NAAQS for is 100 

parts per billion (ppb) and the form is the 3-year 

average of the annual 98th percentile of the daily 

1-hour maximum. For the most recent design 

values, see http://www.epa.gov/airtrends/

values.html. 

Sub-Element 5: PM2.5 Increments in the 

PSD Program 

On October 20, 2010, EPA issued the 

final rule on the ‘‘Prevention of 

Significant Deterioration (PSD) for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC)’’ (2010 NSR Rule). This rule 

established several components for 

making PSD permitting determinations 

for PM2.5, including a system of 

‘‘increments’’ which is the mechanism 

used to estimate significant 

deterioration of ambient air quality for 

a pollutant. These increments are 

codified in 40 CFR 51.166(c) and 40 

CFR 52.21(c), and are included in the 

table below. 

TABLE 1—PM2.5 INCREMENTS ESTABLISHED BY THE 2010 NSR RULE IN

MICROGRAMS PER CUBIC METER

Annual 

arithmetic 

mean 

24-Hour max 

Class I ....... 1 2 

Class II ...... 4 9 

Class III ..... 8 18 

The 2010 NSR Rule also established a 

new ‘‘major source baseline date’’ for 

PM2.5 as October 20, 2010, and a new 

trigger date for PM2.5 as October 20, 

2011. These revisions are codified in 40 

CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), 

and 40 CFR 52.21(b)(14)(i)(c) and 

(b)(14)(ii)(c). Lastly, the 2010 NSR Rule 

revised the definition of ‘‘baseline area’’ 

to include a level of significance of 0.3 

micrograms per cubic meter, annual 

average, for PM2.5. This change is 

codified in 40 CFR 51.166(b)(15)(i) and 

40 CFR 52.21(b)(15)(i). 

Sub-Element 5: GHG Permitting and the 

‘‘Tailoring Rule’’ 

On June 3, 2010, EPA issued a final 

rule establishing a ‘‘common sense’’ 

approach to addressing GHG emissions 

from stationary sources under the CAA 

permitting programs. The ‘‘Prevention 

of Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule,’’ or 

‘‘Tailoring Rule,’’ set thresholds for 

GHG emissions that define when 

permits under the NSR PSD and title V 

operating permit programs are required 

for new and existing industrial facilities 

(see 75 FR 31514). The Tailoring Rule 

set the GHG PSD applicability threshold 

at 75,000 tpy as expressed in carbon 

dioxide equivalent; if states have not 

adopted this threshold, sources with 

GHG emissions above 100 tpy or 250 tpy 

(depending on source category) would 

be subject to PSD, effective January 2, 

2011. The lower thresholds could 

potentially result in certain residential 

and commercial sources triggering GHG 

PSD requirements. 

On December 23, 2010, EPA issued a 

subsequent series of rules that put the 

necessary framework in place to ensure 

that industrial facilities can get CAA 

permits covering their GHG emissions 

when needed, and that facilities 

emitting GHGs at levels below those 

established in the Tailoring Rule do not 

need to obtain CAA permits.8 Included 

in this series of rules was EPA’s 

issuance of the ‘‘Limitation of Approval 

of Prevention of Significant 

Deterioration Provisions Concerning 

Greenhouse Gas Emitting-Sources in 

State Implementation Plans,’’ referred to 

as the PSD SIP ‘‘Narrowing Rule’’ on 

December 30, 2010 (see 75 FR 82536). 

The Narrowing Rule limits, or 

‘‘narrows,’’ EPA’s approval of PSD 

programs that were previously approved 

into SIPs; the programs in question are 

those that apply PSD to sources that 

emit GHG. Specifically, the effect of the 

Narrowing Rule is that provisions that 

are no longer approved—e.g., portions 

of already approved SIPs that apply PSD 

to GHG emissions increases from 

sources emitting GHG below the 

Tailoring Rule thresholds—now have 

the status of having been submitted by 

the state but not yet acted upon by EPA. 

In other words, the Narrowing Rule 

focuses on eliminating the PSD 

obligations under Federal law for 

sources below the Tailoring Rule 

thresholds. 

Note that while EPA is proposing to 

disapprove this set of infrastructure SIP 

requirements of section 110(a)(2)(C), we 

are proposing that Illinois has met the 

requirement contained in section 

110(a)(2)(E) regarding resources specific 

to permitting GHG.9

For the purposes of the 2008 ozone, 

2010 NO2, and 2010 SO2 NAAQS 

infrastructure SIPs, EPA reiterates that 

NSR reform regulations are not in the 

scope of these actions. Therefore, we are 

not taking action on existing NSR 

reform regulations for Illinois. To 

address the pre-construction regulation 

of the modification and construction of 

minor stationary sources and minor 

modifications of major stationary 

sources, an infrastructure SIP 

submission should identify the existing 

EPA-approved SIP provisions and/or 

include new provisions that govern the 

minor source pre-construction program 

that regulates emissions of the relevant 

NAAQS pollutants. EPA approved 

Illinois’ minor NSR program on May 31, 

1972 (37 FR 10862). Since this date, 

Illinois EPA and EPA have relied on the 

existing minor NSR program to ensure 

that new and modified sources not 

captured by the major NSR permitting 

programs do not interfere with 

attainment and maintenance of the 2008 

ozone, 2010 NO2, and 2010 SO2

NAAQS. 

Certain sub-elements in this section 

overlap with elements of section 

110(a)(2)(D)(i), section 110(a)(2)(E) and 

section 110(a)(2)(J). These links will be 

discussed in the appropriate areas 

below. 

D. Section 110(a)(2)(D)—Interstate 

Transport 

Section 110(a)(2)(D)(i)(I) requires SIPs 

to include provisions prohibiting any 

source or other type of emissions 

activity in one state from contributing 

significantly to nonattainment, or 

interfering with maintenance, of the 

NAAQS in another state. 

On June 11, 2014, Illinois EPA 

transmitted a letter to EPA clarifying 

that the portions of its December 31, 

2012, infrastructure SIP submission 

with respect to section 110(a)(2)(D)(i)(I) 

were only intended to address the 2010 

NO2 NAAQS. In other words, the 

interstate transport provisions of section 

110(a)(2)(D)(i)(I) that are before EPA for 

evaluation do not extend to the 2008 

ozone or 2010 SO2 NAAQS. In today’s 

rulemaking, EPA is not proposing to 

approve or disapprove Illinois’ 

compliance with section 

110(a)(2)(D)(i)(I) with respect to the 

2008 ozone and 2010 SO2 NAAQS. 

Instead, we will address the state’s 

satisfaction of these requirements with 

respect to these two NAAQS in a 

separate rulemaking. 

With respect to the 2010 NO2

NAAQS, EPA promulgated designations 

for this NAAQS on February 17, 2012, 

stating, ‘‘The EPA is designating areas as 

‘‘unclassifiable/attainment’’ to mean 

that available information does not 

indicate that the air quality in these 

areas exceeds the 2010 NO2 NAAQS’’ 

(see 77 FR 9532). For comparison 

purposes, EPA examined the design 

values 10 from NO2 monitors in Illinois 

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11These provisions are the CPS and MPS as 

alluded to in the discussion addressing section 

110(a)(2)(D)(i)(I), and are contained in Illinois 

Administrative Code 225.233 and Illinois 

Administrative Code 225.293–225.299, respectively. 

Reliance on the CPS and MPS in the context of 

Illinois’ regional haze plan as satisfying the 

visibility protection requirements of section 

110(a)(2)(D)(i)(II) in lieu of dependence on 

Federally promulgated regulations such as CAIR or 

CSAPR is consistent with EPA’s previous final 

action for the 2006 PM2.5 NAAQS (see 77 FR 65478 

at 65481). 

and surrounding states. The highest 

design value based on data collected 

between 2010 and 2012 was 62 parts per 

billion at a monitor in Chicago, Illinois. 

Additionally, Illinois’ SIP contains two 

sets of substantial provisions that limit 

NO2 (and SO2) emissions from electric 

generating units. The Combined 

Pollutant Standards (CPS) are contained 

in Illinois Administrative Code 225.233, 

and the Multi-Pollutant Standards 

(MPS) are contained in Illinois 

Administrative Code 225.293–225.299. 

EPA believes that with the continued 

implementation of CPS, MPS, Federally 

promulgated PSD regulations, and the 

state’s NNSR regulations found in Part 

203 of the SIP, these low monitored 

values of NO2 will continue in and 

around Illinois. In other words, the NO2

emissions from Illinois are not expected 

to cause or contribute to a violation of 

the 2010 NO2 NAAQS in another state, 

and these emissions are not likely to 

interfere with the maintenance of the 

2010 NO2 NAAQS in another state. 

Therefore, EPA proposes that Illinois 

has met this set of requirements related 

to section 110(a)(2)(D)(i)(I) for the 2010 

NO2 NAAQS. 

Section 110(a)(2)(D)(i)(II) requires 

SIPs to include provisions prohibiting 

any source or other type of emissions 

activity in one state from interfering 

with measures required to prevent 

significant deterioration of air quality or 

to protect visibility in another state. 

Illinois’ satisfaction of the applicable 

infrastructure SIP PSD requirements for 

the 2008 ozone, 2010 NO2, and 2010 

SO2 NAAQS has been detailed in the 

section addressing section 110(a)(2)(C). 

As previously noted, Illinois has not 

adopted or submitted regulations for 

PSD, which results in a proposed 

disapproval with respect to these 

requirements. However, Illinois has no 

further obligations to EPA because it 

administers the Federally promulgated 

PSD regulations, promulgated at 40 CFR 

52.21, through delegation. 

States also have an obligation to 

ensure that sources located in 

nonattainment areas do not interfere 

with a neighboring state’s PSD program. 

One way that this requirement can be 

satisfied is through an NNSR program 

consistent with the CAA that addresses 

any pollutants for which there is a 

designated nonattainment area within 

the state. 

Illinois’ EPA-approved NNSR 

regulations can be found in Part 203 of 

the SIP; these regulations contain 

provisions for how the state must treat 

and control sources in nonattainment 

areas, consistent with 40 CFR 51.165, or 

appendix S to 40 CFR part 51. EPA 

proposes that Illinois has met the 

requirements with respect to the 

prohibition of interference with a 

neighboring state’s PSD program for the 

2008 ozone, 2010 NO2, and 2010 SO2

NAAQS related to section 

110(a)(2)(D)(i)(II). 

With regard to the applicable 

requirements for visibility protection of 

section 110(a)(2)(D)(i)(II), states are 

subject to visibility and regional haze 

program requirements under part C of 

the CAA (which includes sections 169A 

and 169B). The 2009 Memo, the 2011 

Memo, and 2013 Memo state that these 

requirements can be satisfied by an 

approved SIP addressing reasonably 

attributable visibility impairment, if 

required, or an approved SIP addressing 

regional haze. 

On July 6, 2012, EPA published its 

final approval of Illinois’ regional haze 

plan (see 77 FR 39943). Notably, Illinois 

has two sets of provisions in its SIP that 

meet the Best Available Retrofit 

Technology requirement of electric 

generating stations without relying on 

Federally promulgated regulations such 

as the Clean Air Interstate Rule (CAIR) 

or the Cross-State Air Pollution Rule 

(CSAPR).11 Therefore, EPA is proposing 

that Illinois has met the visibility 

protection requirements of section 

110(a)(2)(D)(i)(II) for the 2008 ozone, 

2010 NO2, and 2010 SO2 NAAQS. 

Section 110(a)(2)(D)(ii) requires each 

SIP to contain adequate provisions 

requiring compliance with the 

applicable requirements of section 126 

and section 115 (relating to interstate 

and international pollution abatement, 

respectively). 

Section 126(a) requires new or 

modified sources to notify neighboring 

states of potential impacts from the 

source. The statute does not specify the 

method by which the source should 

provide the notification. States with 

SIP-approved PSD programs must have 

a provision requiring such notification 

by new or modified sources. A lack of 

such a requirement in state rules would 

be grounds for disapproval of this 

element. 

As previously mentioned, Illinois 

administers the Federally promulgated 

PSD regulations promulgated at 40 CFR 

52.21, through delegation. These 

Federal rules contain provisions 

requiring new or modified sources to 

notify neighboring states of potential 

negative air quality impacts. EPA 

acknowledges that the state has not 

satisfied the requirement for a SIP 

submission, which results in a proposed 

disapproval with respect to this set of 

infrastructure SIP requirements of 

section 110(a)(2)(D)(ii). However, 

Illinois has no further obligations to 

EPA because it administers the 

Federally promulgated PSD regulations. 

Illinois affirmed in its submission that 

it does not have any pending obligations 

under section 115. Therefore, EPA is 

proposing that Illinois has met the 

applicable infrastructure SIP 

requirements of section 110(a)(2)(D)(ii) 

related to section 115 of the CAA 

(international pollution abatement) for 

the 2008 ozone, 2010 NO2, and 2010 

SO2 NAAQS. 

E. Section 110(a)(2)(E)—Adequate 

Resources 

This section requires each state to 

provide for adequate personnel, 

funding, and legal authority under state 

law to carry out its SIP, and related 

issues. Section 110(a)(2)(E)(ii) also 

requires each state to comply with the 

requirements respecting state boards 

under section 128. 

Sub-Element 1: Adequate Personnel, 

Funding, and Legal Authority Under 

State Law To Carry Out Its SIP, and 

Related Issues 

At the time of its submittal, Illinois 

EPA cited the recently passed Public 

Act in the state that provides 

appropriations for the Illinois Bureau of 

Air Programs and associated personnel. 

In addition to the environmental 

performance partnership agreement 

with EPA, Illinois has confirmed that it 

retains all necessary resources to carry 

out required air programs. As discussed 

in previous sections, Illinois EPA has 

affirmed that 415 ILCS 5/4 and 415 ILCS 

5/10 provide the Director, in 

conjunction with IPCB, with the 

authority to develop rules and 

regulations necessary to meet ambient 

air quality standards and respond to any 

EPA findings of inadequacy with the 

Illinois SIP program. Lastly, the IPCB 

ensures compliance with required laws 

or elements of the state’s attainment 

plan that are necessary to attain the 

NAAQS, or that are necessary to comply 

with the requirements of the CAA. EPA 

proposes that Illinois has met the 

infrastructure SIP requirements of this 

portion of section 110(a)(2)(E) with 

respect to the 2008 ozone, 2010 NO2, 

and 2010 SO2 NAAQS. 

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As noted above in the discussion 

addressing section 110(a)(2)(C), the 

resources needed to permit all sources 

emitting more than 100 tpy or 250 tpy 

(as applicable) of GHG would require 

more resources than states may appear 

to have. This is not a concern in Illinois, 

because PSD permitting for GHGs is 

based on Federally promulgated PSD 

rules that ‘‘tailor’’ the applicability to 

75,000 tpy (expressed as carbon dioxide 

equivalent). 

Sub-Element 2: State Board 

Requirements Under Section 128 of the 

CAA 

Section 110(a)(2)(E) also requires each 

SIP to contain provisions that comply 

with the state board requirements of 

section 128 of the CAA. That provision 

contains two explicit requirements: (i) 

That any board or body which approves 

permits or enforcement orders under 

this chapter shall have at least a 

majority of members who represent the 

public interest and do not derive any 

significant portion of their income from 

persons subject to permits and 

enforcement orders under this chapter, 

and (ii) that any potential conflicts of 

interest by members of such board or 

body or the head of an executive agency 

with similar powers be adequately 

disclosed. 

In today’s action, EPA is neither 

proposing to approve or disapprove the 

portions of the submission from Illinois 

intended to address the state board 

requirements of section 110(a)(2)(E)(ii). 

Instead, EPA will take separate action 

on compliance with section 

110(a)(2)(E)(ii) for the state at a later 

time. EPA is working with Illinois EPA 

to address these requirements in the 

most appropriate way. 

F. Section 110(a)(2)(F)—Stationary 

Source Monitoring System 

States must establish a system to 

monitor emissions from stationary 

sources and submit periodic emissions 

reports. Each plan shall also require the 

installation, maintenance, and 

replacement of equipment, and the 

implementation of other necessary 

steps, by owners or operators of 

stationary sources to monitor emissions 

from such sources. The state plan shall 

also require periodic reports on the 

nature and amounts of emissions and 

emissions-related data from such 

sources, and correlation of such reports 

by each state agency with any emission 

limitations or standards established 

pursuant to this chapter. Lastly, the 

reports shall be available at reasonable 

times for public inspection. 

Illinois EPA requires regulated 

sources to submit various reports, 

dependent on applicable requirements 

and the type of permit issued to the 

source. These reports are submitted to 

the Bureau of Air’s Compliance Unit for 

review, and all reasonable efforts are 

made by Illinois EPA to maximize the 

effectiveness of available resources to 

review the required reports. EPA 

proposes that Illinois has satisfied the 

infrastructure SIP requirements of 

section 110(a)(2)(F) with respect to the 

2008 ozone, 2010 NO2, and 2010 SO2

NAAQS. 

G. Section 110(a)(2)(G)—Emergency 

Powers 

This section requires that a plan 

provide for authority that is analogous 

to what is provided in section 303 of the 

CAA, and adequate contingency plans 

to implement such authority. The 2013 

Memo states that infrastructure SIP 

submissions should specify authority, 

rested in an appropriate official, to 

restrain any source from causing or 

contributing to emissions which present 

an imminent and substantial 

endangerment to public health or 

welfare, or the environment. 

Illinois has the necessary authority to 

address emergency episodes, and these 

provisions are contained in 415 ILCS 

5/34. 415 ILCS 5/43(a) authorizes the 

Illinois EPA to request a state’s attorney 

from Illinois Attorney General’s office to 

seek immediate injunctive relief in 

circumstances of substantial danger to 

the environment or to the public health 

of persons. EPA proposes that Illinois 

has met the applicable infrastructure 

SIP requirements for this portion of 

section 110(a)(2)(G) with respect to the 

2008 ozone, 2010 NO2, and 2010 SO2

NAAQS. 

H. Section 110(a)(2)(H)—Future SIP 

Revisions 

This section requires states to have 

the authority to revise their SIPs in 

response to changes in the NAAQS, 

availability of improved methods for 

attaining the NAAQS, or to an EPA 

finding that the SIP is substantially 

inadequate. 

As previously mentioned, 415 ILCS 

5/4 and 415 ILCS 5/10 provide the 

Director of Illinois EPA, in conjunction 

with IPCB, with the authority to develop 

rules and regulations necessary to meet 

ambient air quality standards. 

Furthermore, they have the authority to 

respond to any EPA findings of 

inadequacy with the Illinois SIP 

program. EPA proposes that Illinois has 

met the infrastructure SIP requirements 

of section 110(a)(2)(H) with respect to 

the 2008 ozone, 2010 NO2, and 2010 

SO2 NAAQS. 

I. Section 110(a)(2)(I)—Nonattainment 

Area Plan or Plan Revisions Under 

Part D 

The CAA requires that each plan or 

plan revision for an area designated as 

a nonattainment area meet the 

applicable requirements of part D of the 

CAA. Part D relates to nonattainment 

areas. 

EPA has determined that section 

110(a)(2)(I) is not applicable to the 

infrastructure SIP process. Instead, EPA 

takes action on part D attainment plans 

through separate processes. 

J. Section 110(a)(2)(J)—Consultation 

With Government Officials; Public 

Notifications; PSD; Visibility Protection 

The evaluation of the submissions 

from Illinois with respect to the 

requirements of section 110(a)(2)(J) are 

described below. 

Sub-Element 1: Consultation With 

Government Officials 

States must provide a process for 

consultation with local governments 

and Federal Land Managers (FLMs) 

carrying out NAAQS implementation 

requirements. 

Illinois EPA is required to give notice 

to the Office of the Attorney General 

and the Illinois Department of Natural 

Resources during the rulemaking 

process. Furthermore, Illinois provides 

notice to reasonably anticipated 

stakeholders and interested parties, as 

well as to any FLM if the rulemaking 

applies to Federal land which the FLM 

has authority over. Additionally, Illinois 

EPA participates in the Lake Michigan 

Air Director’s Consortium (LADCO), 

which consists of collaboration with 

EPA and the states of Indiana, Michigan, 

Minnesota, Ohio, and Wisconsin. 

Illinois EPA also consults with Missouri 

through a process established in a 

Memorandum of Agreement. EPA 

proposes that Illinois has met the 

infrastructure SIP requirements of this 

portion of section 110(a)(2)(J) with 

respect to the 2008 ozone, 2010 NO2, 

and 2010 SO2 NAAQS. 

Sub-Element 2: Public Notification 

Section 110(a)(2)(J) also requires 

states to notify the public if NAAQS are 

exceeded in an area and must enhance 

public awareness of measures that can 

be taken to prevent exceedances. 

Illinois EPA continues to collaborate 

with the Cook County Department of 

Environmental Control. This consists of 

continued and routine monitoring of air 

quality throughout the state, and 

notifying the public when unhealthy air 

quality is measured or forecasted. 

Illinois EPA actively populates EPA’s 

AIRNOW program and distributes the 

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12See, e.g., http://www.epa.state.il.us/air/airquality-menu.html. 

information to interested stakeholders 

such as Partners for Clean Air in 

Chicago, the Clean Air Partnership in St. 

Louis, and the Cook County Department 

of Environmental Control. The state 

maintains portions of its Web site 

specifically for air quality alerts,12 and 

prepares annual data reports from its 

complete monitoring network. 

Therefore, EPA proposes that Illinois 

has met the infrastructure SIP 

requirements of this portion of section 

110(a)(2)(J) with respect to the 2008 

ozone, 2010 NO2, and 2010 SO2

NAAQS. 

Sub-Element 3: PSD 

States must meet applicable 

requirements of section 110(a)(2)(C) 

related to PSD. Illinois’ satisfaction of 

the applicable infrastructure SIP PSD 

requirements for the 2008 ozone, 2010 

NO2, and 2010 SO2 NAAQS has been 

detailed in the section addressing 

section 110(a)(2)(C). As previously 

noted, Illinois has not adopted or 

submitted regulations for PSD, which 

results in a proposed disapproval with 

respect to these requirements. However, 

Illinois has no further obligations to 

EPA because it administers the 

Federally promulgated PSD regulations, 

promulgated at 40 CFR 52.21, through 

delegation. 

Sub-Element 4: Visibility Protection 

With regard to the applicable 

requirements for visibility protection, 

states are subject to visibility and 

regional haze program requirements 

under part C of the CAA (which 

includes sections 169A and 169B). In 

the event of the establishment of a new 

NAAQS, however, the visibility and 

regional haze program requirements 

under part C do not change. Thus, we 

find that there is no new visibility 

obligation ‘‘triggered’’ under section 

110(a)(2)(J) when a new NAAQS 

becomes effective. In other words, the 

visibility protection requirements of 

section 110(a)(2)(J) are not germane to 

infrastructure SIPs for the 2008 ozone, 

2010 NO2, and 2010 SO2 NAAQS. 

K. Section 110(a)(2)(K)—Air Quality 

Modeling/Data 

SIPs must provide for performing air 

quality modeling for predicting effects 

on air quality of emissions from any 

NAAQS pollutant and submission of 

such data to EPA upon request. 

Illinois EPA maintains the capability 

to perform modeling of the air quality 

impacts of emissions of all criteria 

pollutants, including the capability to 

use complex photochemical grid 

models. This modeling is used in 

support of the SIP for all nonattainment 

areas in the state. Illinois EPA also 

requires air quality modeling in support 

of permitting the construction of major 

and some minor new sources under the 

PSD program. These modeling data are 

available to EPA as well as the public 

upon request. Lastly, Illinois EPA 

participates in LADCO, which conducts 

regional modeling that is used for 

statewide planning purposes. EPA 

proposes that Illinois has met the 

infrastructure SIP requirements of 

section 110(a)(2)(K) with respect to the 

2008 ozone, 2010 NO2, and 2010 SO2

NAAQS. 

L. Section 110(a)(2)(L)—Permitting Fees 

This section requires SIPs to mandate 

each major stationary source to pay 

permitting fees to cover the cost of 

reviewing, approving, implementing, 

and enforcing a permit. 

Illinois EPA implements and operates 

the title V permit program, which EPA 

approved on December 4, 2001 (66 FR 

62946) and the provisions, 

requirements, and structures associated 

with the costs for reviewing, approving, 

implementing, and enforcing various 

types of permits are contained in 415 

ILCS 5/39.5. EPA proposes that Illinois 

has met the infrastructure SIP 

requirements of section 110(a)(2)(L) for 

the 2008 ozone, 2010 NO2, and 2010 

SO2 NAAQS. 

M. Section 110(a)(2)(M)—Consultation/

Participation by Affected Local Entities 

States must consult with and allow 

participation from local political 

subdivisions affected by the SIP. 

All public participation procedures 

pertaining to Illinois EPA are consistent 

with 35 Illinois Administrative Code 

Part 164 (Procedures for Informational 

and Quasi-Legislative Public Hearings) 

and 35 Illinois Administrative Code Part 

252 (Public Participation in the Air 

Pollution Control Permit Program); the 

latter is an approved portion of Illinois’ 

SIP. EPA proposes that Illinois has met 

the infrastructure SIP requirements of 

section 110(a)(2)(M) with respect to the 

2008 ozone, 2010 NO2, and 2010 SO2

NAAQS. 

V. What action is EPA taking? 

EPA is proposing to approve most 

elements of a submission from Illinois 

certifying that its current SIP is 

sufficient to meet the required 

infrastructure elements under sections 

110(a)(1) and (2) for the 2008 ozone, 

2010 NO2, and 2010 SO2 NAAQS. We 

are also proposing to disapprove some 

elements of the state’s submission as 

they relate to its PSD program. As 

described above, Illinois already 

administers Federally promulgated PSD 

regulations through delegation, and 

therefore no practical effect is associated 

with today’s proposed disapproval or 

future final disapproval of those 

elements. 

EPA’s proposed actions for the state’s 

satisfaction of infrastructure SIP 

requirements, by element of section 

110(a)(2) and NAAQS, are contained in 

the table below. 

Element 2008 Ozone 2010 NO2 2010 SO2

(A): Emission limits and other control measures ..................................................................... A A A 

(B): Ambient air quality monitoring and data system ............................................................... A A A 

(C)1: Enforcement of SIP measures ........................................................................................ A A A 

(C)2: NOX as a precursor to ozone for PSD ........................................................................... D,* D,* D,* 

(C)3: PM2.5 Precursors/PM2.5 and PM10 condensables for PSD ............................................. D,* D,* D,* 

(C)4: PM2.5 Increments ............................................................................................................ D,* D,* D,* 

(C)5: GHG permitting thresholds in PSD regulations .............................................................. D,* D,* D,* 

(D)1: Contribute to nonattainment/interfere with maintenance of NAAQS .............................. NA A NA 

(D)2: PSD ................................................................................................................................. ** ** ** 

(D)3: Visibility Protection .......................................................................................................... A A A 

(D)4: Interstate Pollution Abatement ........................................................................................ D,* D,* D,* 

(D)5: International Pollution Abatement ................................................................................... A A A

(E): Adequate resources .......................................................................................................... A A A 

(E): State boards ...................................................................................................................... NA NA NA 

(F): Stationary source monitoring system ................................................................................ A A A 

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Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Proposed Rules 40701 

Element 2008 Ozone 2010 NO2 2010 SO2

(G): Emergency power ............................................................................................................. A A A 

(H): Future SIP revisions ......................................................................................................... A A A 

(I): Nonattainment area plan or plan revisions under part D ................................................... NA NA NA 

(J)1: Consultation with government officials ............................................................................ A A A 

(J)2: Public notification ............................................................................................................. A A A 

(J)3: PSD .................................................................................................................................. ** ** ** 

(J)4: Visibility protection ........................................................................................................... + + + 

(K): Air quality modeling and data ........................................................................................... A A A 

(L): Permitting fees ................................................................................................................... A A A 

(M): Consultation and participation by affected local entities .................................................. A A A 

In the above table, the key is as follows: 

A ..... Approve. 

NA ... No Action/Separate Rulemaking. 

D ..... Disapprove. 

+ ...... Not germane to infrastructure SIPs. 

* ...... Federally promulgated rules in place. 

** ..... Previously discussed in element (C). 

To clarify, EPA is proposing to 

disapprove the infrastructure SIP 

submission from Illinois with respect to 

certain PSD requirements including: (i) 

The explicit identification of NOX as a 

precursor to ozone consistent with the 

Phase 2 Rule; (ii) the explicit 

identification of SO2 and NOX as PM2.5

precursors (and the significant 

emissions rates for direct PM2.5, and SO2

and NOX as its precursors), and the 

regulation of PM2.5 and PM10

condensables, consistent with the 

requirements of the 2008 NSR Rule; (iii) 

the PM2.5 increments and associated 

implementation rules consistent with 

the 2010 NSR Rule; and, (iv) permitting 

of GHG emitting sources at the Federal 

Tailoring Rule thresholds. 

EPA is also proposing to disapprove 

the infrastructure SIP submission from 

with respect to the requirements of 

section 110(a)(2)(D)(ii) related to 

interstate pollution abatement. 

Specifically, this section requires states 

with PSD programs have provisions 

requiring a new or modified source to 

notify neighboring states of the potential 

impacts from the source, consistent with 

the requirements of section 126(a). 

However, Illinois has no further 

obligations to EPA because Federally 

promulgated rules, promulgated at 40 

CFR 52.21 are in effect in the state. EPA 

has delegated the authority to Illinois to 

administer these rules, which include 

provisions related to PSD and interstate 

pollution abatement. A final 

disapproval for Illinois for these 

infrastructure SIP requirements will not 

result in sanctions under section 179(a), 

nor will it obligate EPA to promulgate 

a Federal implementation plan within 

two years of final action if the state does 

not submit revisions to its PSD SIPs 

addressing these deficiencies. Instead, 

Illinois is already administering the 

Federally promulgated PSD regulations. 

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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Nitrogen dioxide, Reporting and 

recordkeeping requirements, Sulfur 

dioxide. 

Dated: June 23, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2014–16287 Filed 7–11–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0119; FRL–9912–18– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Latham Pool Adjusted Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a request 

submitted by the Illinois Environmental 

Protection Agency on January 8, 2014, 

to revise the Illinois State 

Implementation Plan (SIP) for volatile 

organic matter (VOM). The approval 

revises the Illinois SIP by substituting a 

new party as the holder of the adjusted 

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