Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Proposed Rules 81409 

dependency on Nondirectional Radio 

Beacons (NDB) and move to develop 

and improve the RNAV route structure. 

The FAA is planning to decommission 

the Togiak NDB in the state of Alaska. 

As a result, the segment of V–350 that 

extends between the Dillingham, AK, 

VOR and the Bethel, AK, Very High 

Frequency Omnidirectional Range/ 

Tactical Air Navigation (VORTAC) will 

become unusable. The loss of this 

segment is mitigated by Alaskan VOR 

Federal Airway V–453. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 to by amending 

Alaskan VOR Federal Airway V–350 in 

Alaska. This proposed action is due to 

the decommissioning of the Togiak NDB 

in Alaska. 

V–350: V–350 currently extends 

between the Dillingham, AK, VOR, 

Togiak, AK, NDB, Bethel, AK, VORTAC, 

Emmonak, AK, VOR/Distance 

Measuring Equipment (VOR/DME) and 

the Nome, AK, VOR/DME. Due to the 

decommissioning of the Togiak NDB, 

the segment of V–350 that extends 

between the Dillingham VOR and the 

Bethel VORTAC will become unusable. 

As amended, V–350 would extend 

between the Bethel VORTAC, Emmonak 

VOR/DME and the Nome VOR/DME. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a regulatory evaluation as 

the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11J, 

Airspace Designations and Reporting 

Points, dated July 31, 2024, and 

effective September 15, 2024, is 

amended as follows: 

Paragraph 6010(b) Alaskan VOR Federal 

Airways. 

* * * * * 

V–350 [Amended] 

From Bethel, AK; Emmonak, AK; to Nome, 

AK. 

* * * * * 

Issued in Washington, DC, on October 2, 

2024. 

Frank Lias, 

Manager, Rules and Regulations Group. 

[FR Doc. 2024–23205 Filed 10–7–24; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2023–0498; FRL–12265– 

01–R5] 

Air Plan Approval; Illinois; Alton 

Township 2010 Sulfur Dioxide 

Redesignation and Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to 

redesignate the Alton Township 

nonattainment area in Madison County, 

Illinois to attainment for the 2010 sulfur 

dioxide (SO2) National Ambient Air 

Quality Standard (NAAQS). EPA is also 

proposing to approve Illinois’ 

maintenance plan for the area. Illinois 

submitted the request for approval on 

October 2, 2023. Additionally, EPA is 

proposing to determine the Alton 

Township area attained the 2010 SO2

NAAQS by the September 12, 2021, 

attainment date, fulfilling EPA’s 

obligation under the Clean Air Act 

(CAA) to determine whether the area 

attained the relevant NAAQS standard 

within six months of the attainment 

date. 

DATES: Comments must be received on 

or before November 7, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2023–0498 at https://

www.regulations.gov, or via email to 

arra.sarah@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from the 

docket. EPA may publish any comment 

received to its public docket. Do not 

submit to EPA’s docket at https://

www.regulations.gov any information 

you consider to be Confidential 

Business Information (CBI), Proprietary 

Business Information (PBI), or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI, PBI, or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit https://

www.epa.gov/dockets/commenting-epadockets. 

FOR FURTHER INFORMATION CONTACT: 

Cecilia Magos, Air and Radiation 

Division (AR18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–7336, magos.cecilia@

epa.gov. The EPA Region 5 office is 

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

Monday through Friday, excluding 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 


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81410 Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Proposed Rules 

1EPA’s ‘‘Guidance for 1-Hour Sulfur Dioxide 

(SO2) Nonattainment Area State Implementation 

Plans (SIP) Submissions’’ can be found at https:// 

www.epa.gov/so2-pollution/guidance-1-hour-sulfurdioxide-so2-nonattainment-area-stateimplementation-plans-sip. 

I. Background and Redesignation 

Requirements 

On June 22, 2010 (75 FR 35520), EPA 

revised the primary SO2 NAAQS, 

establishing a new health-based 1-hour 

standard of 75 parts per billion (ppb). 

EPA promulgated designations for this 

standard in four rounds. On September 

18, 2015, Illinois submitted its 

recommendations to EPA to designate 

certain areas of the State as part of the 

Round 2 designations. Illinois 

recommended a portion of southern 

Alton Township in Madison County be 

designated as nonattainment for the 

2010 SO2 NAAQS. EPA concurred with 

Illinois’ analysis and published a final 

action designating the area as 

nonattainment for the 2010 SO2 NAAQS 

effective September 12, 2016 (81 FR 

45039). 

Illinois submitted an attainment plan 

for the Alton Township nonattainment 

area on December 3, 2018. Under 

section 192(a) of the CAA, these plans 

are required to demonstrate that areas 

will attain the NAAQS as expeditiously 

as practicable, but no later than five 

years from the effective date of 

designation. The plan included 

modeling from emissions associated 

with the Alton Steel Inc. (Alton Steel) 

facility in Alton, Illinois, and emissions 

from the Ameren Missouri-Sioux Energy 

Center (Ameren-Sioux) power plant in 

Missouri, located about 13 kilometers 

west-northwest of the nonattainment 

area. The modeled emissions showed 

the nonattainment status of the area was 

mainly attributed to these two SO2

sources. Unlike the Round 2 

designations modeling, the Alton 

Township attainment demonstration did 

not include the Wood River Power 

Station among the sources modeled due 

to the retirement of the facility in June 

2016 and its demolition in February 

2021. On March 14, 2019, after Illinois’ 

submission of the attainment plan, the 

Illinois Environmental Protection 

Agency issued Construction Permit 

#18020009 for the Alton Steel facility to 

operate a new ladle metallurgy facility 

(LMF) stack, removing the downfacing 

vents that were contributing to modeled 

nonattainment at the facility. EPA 

included additional dispersion 

modeling to supplement Illinois’ 

attainment demonstration to 

demonstrate that the emission limits 

required by the Illinois SIP and 

submitted for EPA approval provide for 

modeled concentrations meeting the 

2010 SO2 NAAQS. EPA approved 

Illinois’ attainment plan revision on 

February 21, 2023 (88 FR 10464). 

Additionally, under section 179(c)(1) of 

the CAA, EPA is required to determine 

whether a nonattainment area attained a 

standard by the applicable attainment 

date based on the area’s air quality as of 

the attainment date. EPA is to issue this 

determination within six months of the 

attainment date. Thus, EPA had a 

mandatory duty under CAA section 

179(c) to determine by March 12, 2022, 

whether the Alton Township area 

attained by September 12, 2021. As an 

additional action, EPA is proposing to 

determine the Alton Township area did 

attain the 2010 SO2 NAAQS by the 

attainment date of September 12, 2021. 

On October 2, 2023, Illinois submitted 

a redesignation request and 

maintenance plan for the Alton 

Township nonattainment area for the 

2010 SO2 NAAQS. Additionally, on 

March 31, 2022, Missouri adopted into 

its SIP a Consent Agreement between 

the Missouri Department of Natural 

Resources’ Air Pollution Control 

Program and Ameren–Sioux, APCP– 

2021–018. EPA approved the revision to 

incorporate the Ameren-Sioux Consent 

Agreement on November 16, 2022 (87 

FR 68634), establishing an enforceable 

SO2 emissions limit for two coal-fired 

boilers at the facility. See Appendix B 

of the State’s submittal included in the 

public docket of this action—AmerenSioux Consent Agreement. The 

submitted redesignation request and 

maintenance plan includes the 

Construction Permit issued to Alton 

Steel and the Consent Agreement issued 

to Ameren-Sioux approved into the 

Missouri SIP (87 FR 68634, November 

16, 2022) with accepted SO2 emissions 

limits. While the Ameren-Sioux facility 

is not in the Alton Township 

nonattainment area, Illinois included 

this facility in their modeling due to its 

close proximity to the nonattainment 

area and high SO2 emissions, using 

information provided by the Missouri 

Department of Natural Resources. EPA’s 

supplemental modeling with the 

updated limit of 7,342 pounds per hour 

(lbs/hr) averaged over a 24-hour block 

period for the Ameren-Sioux facility 

outlined in the Consent Agreement, 

provided for attainment of the 2010 SO2

NAAQS, and thus is included in 

Illinois’ submittal. 

Under section 107(d)(3)(E) of the 

CAA, EPA may not promulgate a 

redesignation of a nonattainment area 

(or portion thereof) unless: 

1. EPA has determined that the area 

has attained the NAAQS; 

2. EPA has fully approved the 

applicable implementation plan for the 

area under section 110(k) of the CAA; 

3. EPA has determined that 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable 

implementation plan and applicable 

Federal air pollution control regulations 

and other permanent and enforceable 

reductions; 

4. EPA has fully approved a 

maintenance plan for the area under 

section 175A of the CAA; and 

5. The State containing such area has 

met all requirements applicable to the 

area under section 110 of the CAA and 

part D. 

II. Evaluation of Illinois’ Redesignation 

Request and Maintenance Plan 

On October 2, 2023, Illinois submitted 

a redesignation request for the Alton 

Township 2010 SO2 nonattainment area 

to attainment and a SIP revision 

containing a maintenance plan for the 

area. 

EPA’s evaluation of Illinois’ 

redesignation request and maintenance 

plan was based on consideration of the 

five redesignation criteria provided 

under CAA section 107(d)(3)(E). 

Criteria (1)—The Alton Township SO2

Nonattainment Area Has Attained the 

2010 SO2 NAAQS 

In accordance with CAA section 

107(d)(3)(E)(i), for redesignation of a 

nonattainment area to attainment, the 

CAA requires EPA to determine that the 

area has attained the applicable 

NAAQS. An area is attaining the 2010 

SO2 NAAQS at an ambient air quality 

monitoring site, in accordance with 40 

CFR 50.17 and appendix T of part 50, 

when the three-year average of the 

annual (99th percentile) of the daily 

maximum 1-hour average 

concentrations is less than or equal to 

75 ppb. As stated in EPA’s April 23, 

2014, ‘‘Guidance for 1-Hour SO2

Nonattainment Area SIP Submissions’’ 

(‘‘April 2014 SO2 Guidance’’), there are 

two components needed to support an 

attainment determination: (1) a review 

of representative air quality monitoring 

data located in the area of maximum 

concentration; and (2) a further analysis, 

where there are no monitors, using air 

quality dispersion modeling, which will 

generally be needed to estimate SO2

concentrations throughout the 

nonattainment area to demonstrate that 

the entire area is attaining the 

applicable NAAQS, based on current 

actual emissions or the fully 

implemented control strategy.1 The 

April 2014 SO2 Guidance further states 

that dispersion modeling should be 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Proposed Rules 81411 

2See AERMOD Modeling System Transmittal 

Memorandum (v22112) https://gaftp.epa.gov/Air/ 

aqmg/SCRAM/models/preferred/aermod/AERMOD_

22112_Transmittal_Memo.pdf. 

3See AERMOD Modeling System Transmittal 

Memorandum (v23132) https://gaftp.epa.gov/Air/ 

aqmg/SCRAM/models/preferred/aermod/AERMOD_

23132_Transmittal_Memo.pdf. 

conducted to estimate SO2

concentrations throughout the 

nonattainment area using actual 

emissions and meteorological 

information for the most recent 3 

calendar years. EPA considered Illinois’ 

modeling analyses submitted in the 

State’s attainment plan which 

incorporated reductions in allowable 

emissions without the LMF stack 

changes to Alton Steel, which showed 

Alton Steel was the principal 

contributor to the highest modeled 

violations. Subsequently, EPA 

considered the modeling analyses with 

changes to the LMF exhaust 

configuration as described in Illinois’ 

Construction Permit issued to Alton 

Steel. This analysis determined that 

after changes to the LMF exhaust stack 

in Alton Steel, the analysis still 

modeled violations of the 2010 SO2

NAAQS that were primarily due to the 

Ameren-Sioux facility. New SO2

emission limits were established under 

the Ameren-Sioux Consent Agreement 

(87 FR 68634, November 16, 2022), and 

EPA conducted supplementary 

modeling that incorporated both of 

these new limits and the changes to the 

LMF exhaust stack at Alton Steel. The 

supplementary modeling showed design 

values that are below the 2010 SO2

NAAQS for the Alton Township area. 

The April 2014 SO2 Guidance 

provides an extensive discussion of 

EPA’s view that appropriately set 

comparably stringent limits based on 

averaging times as long as 30 days can 

be found to provide for attainment of 

the 2010 SO2 NAAQS. The April 2014 

SO2 Guidance also offers specific 

recommendations for determining an 

appropriate longer-term average limit. 

Illinois’ plan applies 1-hour average 

emission limits to Alton Steel. However, 

Illinois’ attainment plan also considers 

the impact of an additional facility, 

Ameren-Sioux, that is subject to a 24- 

hour block average limit. In response, 

EPA provided additional discussion of 

its rationale for approving the use of 

longer-term average limits in plans 

designed to provide for attainment. 

More detail on EPA’s analysis of the 

attainment plan for the Alton Township 

area can be found in the attainment plan 

approval (88 FR 10464, February 21, 

2023). 

Under 40 CFR 50.17(b), the 2010 SO2

NAAQS is met at an ambient air quality 

monitoring site when the three-year 

average of the annual (99th percentile) 

daily maximum 1-hour average 

concentrations is less than or equal to 

75 ppb, as determined in accordance 

with appendix T of 40 CFR part 50, at 

all relevant monitoring sites in the 

subject area. In a year with 365 days of 

valid monitoring data, the 99th 

percentile would be the fourth highest 

daily maximum 1-hour value. 

Attainment demonstrations for the 2010 

SO2 NAAQS should demonstrate future 

attainment and maintenance of the 

NAAQS in the entire area designated as 

nonattainment (i.e., not just at the 

violating monitor) by using air quality 

dispersion modeling (see appendix W to 

40 CFR part 51) to show that the mix of 

sources and enforceable control 

measures and emission rates in an 

identified area will not lead to a 

violation of the 2010 SO2 NAAQS. 

Illinois’ redesignation request for the 

Alton Township nonattainment area 

relied upon the demonstration of 

attainment based on air dispersion 

modeling, which Illinois submitted to 

EPA as part of its December 2018 

attainment SIP submittal. For a shortterm (i.e., 1-hour) standard, dispersion 

modeling, using allowable emissions 

and addressing stationary sources in the 

affected area (and in some cases those 

sources located outside the 

nonattainment area which may affect 

attainment in the area), is technically 

appropriate, efficient, and effective in 

demonstrating attainment in 

nonattainment areas because it takes 

into consideration combinations of 

meteorological and emission source 

operating conditions that may 

contribute to peak ground-level 

concentrations of SO2.

Preferred air quality models for use in 

regulatory applications are described in 

appendix A of EPA’s Guideline on Air 

Quality Models (40 CFR part 51, 

appendix W). In 2005, EPA promulgated 

AERMOD as the Agency’s preferred 

near-field dispersion modeling for a 

wide range of regulatory applications 

addressing stationary sources (for 

example, in estimating SO2

concentrations) in all types of terrain 

based on extensive developmental and 

performance evaluation. To support the 

SIP for bringing the Alton area into 

attainment of the 2010 SO2 NAAQS, 

EPA assisted Illinois by conducting a 

modeling demonstration of the Alton 

area with updated emissions data relied 

upon in the model and by correcting the 

source characterization. Because 

Illinois’ submittal predated the updated 

SO2 emissions limit at the AmerenSioux facility necessary to model 

attainment in the area, EPA updated the 

emissions data at Ameren-Sioux in the 

supplemental model and corrected any 

other deficiencies in the emissions data. 

Additional updates and modifications 

in EPA’s modeling analysis included: 

updated AERMOD version from version 

18081 to 21112 (the most recent 

available version at the time), updated 

stack parameters to current operating 

conditions, and adjusted emission rates 

for the Ameren-Sioux facility to account 

for longer-term average limits. EPA used 

Illinois’ receptor grid, meteorological 

surface and upper air stations, model 

settings, and some source parameters to 

develop the modeling demonstration. 

See Alton SO2 Nonattainment Plan TSD, 

87 FR 80509 (December 30, 2022). EPA 

used AERMOD version 21112, the most 

recent version of the AERMOD 

Modeling System available at the time, 

for the modeling analysis. In the time 

since the modeling was conducted by 

Illinois and later supplemented by EPA 

using AERMOD version 21112, EPA has 

released two AERMOD version updates. 

AERMOD 22112 was released in 2022 to 

replace the regulatory version 21112 

and was a routine release that does not 

include any scientific updates to the 

regulatory formulation of AERMOD as 

described in appendix W.2 In 2023, 

AERMOD 23132 replaced the regulatory 

version 22112 which included small 

bug fixes and enhancements.3 Currently, 

AERMOD 23132 is the most recent 

available version. However, EPA does 

not require Illinois to use the current 

AERMOD version as Illinois used the 

AERMOD version that was most recent 

at the time it was developing the SIP 

and determining SO2 emission limits. 

Illinois’ modeled demonstration of 

attainment for the Alton Township area 

was discussed in detail in EPA’s 

proposed approval of the Alton 

Township SO2 attainment plan. See 87 

FR 80509, (December 30, 2022). Illinois’ 

original modeling submitted included 

Ameren-Sioux maximum allowable 

emissions and the reconfigured LMF 

stack emissions for Alton Steel, which 

yielded a maximum predicted 99th 

percentile 1-hour average concentration 

of 298.5 micrograms per cubic meter 

(mg/m3). EPA conducted a supplemental 

modeling run to evaluate the 

reconfigured stack requirements at 

Alton Steel in combination with 

Ameren-Sioux’s updated 7,342 lbs SO2/ 

hr 24-hour block limit found in the 

Missouri SIP (87 FR 68634, November 

16, 2022). EPA’s modeling demonstrated 

that the Alton area showed a design 

value of 74.9 ppb (196.2 mg/m3) with the 

revised SO2 emission limits that will 

provide for attainment based on the new 

requirements for Alton Steel and 


ddrumheller on DSK120RN23PROD with PROPOSALS1
81412 Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Proposed Rules 

4See Ameren Sioux (MO) Facility Emissions Data 

2016–2023.xlsx in the docket. 

Ameren-Sioux, which are both 

permanently and federally enforceable. 

As mentioned above, the changes at the 

Alton Steel facility were construction 

changes to the LMF stack parameters to 

be completed by July 31, 2019, 

modifying the dispersion of emissions, 

and they did not alter existing operating 

emission limit conditions that the 

reconfigured LMF stack was already 

subject to and approved for in the 

approved attainment plan. Stack test 

results of the LMF at the Alton Steel 

facility prior to construction of the 

modified LMF stack show compliance 

with the permitted values, as do 

updated stack test results of the LMF 

stack upon construction completion as 

shown in Table 1. EPA concluded that 

Illinois’ modeling is a suitable 

demonstration that its requirements in 

the Construction Permit for Alton Steel 

and all other Illinois sources in the 

nonattainment area were properly 

addressed in the attainment plan. EPA’s 

supplemental modeling demonstrated 

that the updated 24-hour block limit for 

Ameren-Sioux of 7,342 lbs/hr in 

combination with updated emissions at 

Alton Steel provide for attainment and 

is the primary basis to conclude that the 

area is attaining the 2010 SO2 NAAQS. 

EPA has also considered additional 

information which supports its 

proposed determination that the area 

has attained the NAAQS, including 

annual SO2 emissions from the Alton 

Steel facility shown in Table 2. The 

annual tons per year emissions at the 

Alton facility show a decreasing trend 

overall. Annual SO2 emissions from the 

Ameren-Sioux facility found in Table 2 

also show a decreasing trend overall. 

EPA included data from the AmerenSioux facility showing that hourly 

emissions with a 24-hour average, are at 

or below the newly established limit of 

7,342 lbs/hr, and have been since 2017. 

These data are included in the docket of 

this action.4 In this action, EPA is 

proposing to find that the Alton 

Township area has attained and will 

continue to attain the 2010 SO2 NAAQS 

with respect to the redesignation criteria 

under CAA section 107(d)(3)(E)(i). 

TABLE 1—ALTON STEEL-LMF SO2 EMISSION UNIT STACK TEST RESULTS FOR 2017 AND 2020 

Permit limit 2017 2020 Units 

0.10 ............................................................................................................................ >0.05 0.06 Lbs/ton. 

11.20 .......................................................................................................................... >2.86 5.40 Lbs/hr. 

37.50 .......................................................................................................................... >4.75 23.70 Ton/yr. 

TABLE 2—FACILITY ANNUAL SO2 EMISSIONS

[In tons] 

2016 2017 2018 2019 2020 2021 2022 2023 

Alton Steel Inc .................. 41.90 45.39 51.43 49.20 44.62 21.80 16.33 14.83 

Ameren Sioux .................. 3,182.70 2,722.27 2,276.18 2,119.18 1,199.51 1,972.73 1,676.36 901.89 

Additionally, with respect to 

nonattainment area requirements under 

CAA section 179(c), EPA is proposing to 

determine the Alton Township area 

attained the 2010 SO2 NAAQS by the 

area’s attainment date of September 12, 

2021. This is based on the information 

provided above, including the stack 

construction date in 2019 and emissions 

data shown to be below emission limits 

during and after the attainment period. 

Because this a separate CAA 

requirement, EPA may choose to 

finalize this determination separately, as 

this is not a redesignation criterion, but 

rather, just relying on the same set of 

facts. 

Criteria (2) and Criteria (5)—Illinois Has 

Met All Applicable Requirements Under 

CAA Section 110 and Part D of the CAA, 

and EPA Has Fully Approved the 

Applicable Implementation Plan Under 

CAA Section 110(k) 

For redesignating a nonattainment 

area to attainment under a NAAQS, a 

State must have met all applicable 

requirements (CAA section 

107(d)(3)(E)(v)), and EPA must have 

fully approved the applicable 

implementation plan (CAA section 

107(d)(3)(E)(ii)). EPA’s long-standing 

interpretation of the CAA is that not 

every requirement under CAA section 

110 and part D are applicable for 

purposes of CAA section 107(d)(3)(E)(ii) 

and (v). The Agency’s interpretation of 

the statute limiting evaluation of section 

110 and part D requirements to only 

those that are applicable for purposes of 

redesignation was first articulated 

shortly after the passage of the 1990 

CAA Amendments in Agency guidance 

documents, and has been consistently 

applied in notice-and-comment 

redesignation actions over the last three 

decades. 

Many of the section 110 elements that 

are unrelated to an area’s SO2

attainment status are not applicable 

requirements for purposes of 

redesignation. The area will still be 

subject to these requirements after the 

area is redesignated to attainment of the 

2010 SO2 NAAQS. For example, the 

CAA section 110(a)(2)(D) interstate 

transport requirements for a State are 

not linked with a nonattainment area’s 

designation and classification in that 

State, and continue to apply to States 

regardless of the designation status of 

areas within that State. However, even 

though many of the section 110 

requirements are not applicable for 

purposes of redesignation, EPA has in 

any case approved most elements of 

Illinois’ section 110 infrastructure SIP. 

See infrastructure SIP approval, 79 FR 

62042 (October 16, 2014); revisions to 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR) programs, 87 FR 20715 

(April 8, 2022); State board 

requirements, 84 FR 49671 (September 

23, 2019); and emission limits of 

pollutants relevant to the 2010 SO2

NAAQS, 80 FR 29535 (May 22, 2015). 

EPA also proposes to determine that 

Illinois has met and EPA has fully 

approved those part D requirements that 

are applicable for purposes of 

redesignation. Part D is comprised of the 

general nonattainment area plan 

requirements in subpart 1 (section 172) 

as well as pollutant specific subparts, 

including section 191 (or subpart 5), 

which applies to areas designated 


ddrumheller on DSK120RN23PROD with PROPOSALS1
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5See April 2014 SO2 Guidance, page 66. 

nonattainment for SO2, nitrogen 

dioxide, or lead. While some 

nonattainment planning requirements 

are not applicable for purposes of CAA 

section 107(d)(3)(E)(ii) and (v) for areas 

that are attaining the NAAQS, Illinois 

has in any case submitted a complete 

attainment plan and EPA has fully 

approved that plan, including emissions 

inventories, Reasonably Available 

Control Technology/Reasonably 

Available Control Measures, Reasonable 

Further Progress (RFP), and contingency 

measures. 

On February 21, 2023 (88 FR 10464), 

EPA approved Illinois’ attainment SIP 

for the Alton Township area including 

the operation of a new LMF stack at 

Alton Steel and revised emission limits 

for Ameren-Sioux, which are the main 

SO2 sources affecting the Alton 

Township area. In that action, EPA 

found that Illinois had satisfied 

requirements for providing for 

attainment of the 2010 SO2 NAAQS in 

the Alton Township area. The adopted 

SO2 SIP regulations for Alton Steel and 

Ameren-Sioux are contained in the 

Construction Permit for Alton Steel and 

the Ameren-Sioux Consent Agreement, 

respectively. Illinois has shown that it 

maintains an active enforcement 

program to ensure ongoing compliance 

with these requirements. Illinois’ 

programs for NSR and PSD will address 

emissions from potential new sources in 

the area (57 FR 59928, December 17, 

1992; 60 FR 49780, September 27, 1995; 

68 FR 25504, May 13, 2003). Missouri 

also maintains an active enforcement 

program under the Revised Statutes of 

Missouri section 643.080 to ensure 

ongoing compliance. 

In its attainment plan, Illinois chose 

2017 for its base year emissions 

inventory as comprehensive data were 

available and updated that year, 

satisfying the requirements of section 

172(c)(3) of the CAA. Illinois 

additionally examined whether any 

large sources beyond 10 kilometers of 

the nonattainment area might also have 

significant air quality impacts in the 

area, resulting in the addition of 

Ameren-Sioux to the inventory. Illinois’ 

SO2 emissions data identified Alton 

Steel and Ameren-Sioux as the main 

contributors to the nonattainment status 

for the Alton Township area. 

Section 176(c) of the CAA requires 

States to establish criteria and 

procedures to ensure that federally 

supported or funded projects conform to 

the air quality planning goals in the 

applicable SIP. The requirements to 

determine conformity applies to 

transportation plans, programs, and 

projects that are developed, funded, or 

approved under title 23 of the United 

States Code (U.S.C.) or the Federal 

Transit Act (49 U.S.C. 1601) 

(transportation conformity) as well as to 

all other federally supported or funded 

projects (general conformity). State 

transportation conformity SIP revisions 

must be consistent with Federal 

conformity regulations relating to 

consultation, enforcement, and 

enforceability that EPA promulgated 

pursuant to its authority under the CAA. 

EPA’s longstanding interpretation of the 

CAA is that because CAA section 176(c) 

conformity requirements continue to 

apply after areas are redesignated to 

attainment, whether or not the area has 

met that requirement is not a 

prerequisite to getting redesignated. In 

addition, based on EPA’s April 2014 

SO2 Guidance, transportation 

conformity only applies to SO2 SIPs if 

transportation-related emissions of SO2

as a precursor are a significant 

contributor to a fine particulate matter 

(PM2.5) nonattainment problem, or if the 

SIP has established an approved or 

adequate budget for such emissions as 

part of the RFP, attainment or 

maintenance strategy, neither of which 

apply to the Alton Township area. EPA 

concluded that highway and transit 

vehicles are not significant sources of 

SO2 in this area. As a result, 

transportation conformity 

determinations are not required in the 

Alton Township SO2 maintenance area. 

Therefore, transportation plans, 

transportation improvement programs 

and projects are presumed to conform to 

applicable implementation plans for 

SO2. With respect to general conformity, 

Federal agencies are still required to 

address general conformity in the Alton 

Township SO2 maintenance area. 

Based on the above findings, EPA is 

proposing to find that Illinois has met 

the applicable requirements of section 

110 and part D of title I of the CAA for 

purposes of the redesignation of the 

Alton Township nonattainment area, 

and EPA has fully approved the 

applicable implementation plan for 

such area. 

Criteria (3)—The Air Quality 

Improvement in Alton Township SO2

Nonattainment Area Is Due to 

Permanent and Enforceable Emission 

Reductions 

To redesignate an area from 

nonattainment to attainment, section 

107(d)(3)(E)(iii) of the CAA requires 

EPA to determine that the air quality 

improvement in the area is due to 

permanent and enforceable reductions 

in emissions resulting from the 

implementation of the SIP and 

applicable Federal air pollution control 

regulations and other permanent and 

enforceable emission reductions. 

Illinois’ attainment plan incorporates 

the Alton Steel Construction Permit (88 

FR 10464, February 21, 2023) which 

requires the operation of a new LMF 

stack and does not change any existing 

requirements that apply to the furnace 

in the LMF, including the permitted 

emission unit limits which the Alton 

Steel facility was already subject to. The 

permit approved the construction of a 

new LMF stack to be finalized no later 

than July 31, 2019. The facility 

continues to meet existing SO2 emission 

limits that do not exceed 0.10 pound per 

ton of steel produced, 11.20 lbs/hr, and 

37.50 tons per year as shown in Table 

1 above. EPA has included these 

emission limits and source 

configuration requirements in the 

approval of Illinois’ SIP on February 21, 

2023 (88 FR 10464), which will also 

render them federally enforceable. For 

Ameren-Sioux, a new limit was 

approved into the Missouri SIP 

establishing a more stringent limit of 

7,342 lbs/hr averaged over a 24-hour 

block period. EPA approved AmerenSioux’s new limit in a different 

rulemaking on November 16, 2022 (87 

FR 68634). The updated EPA modeling 

in Illinois’ attainment plan approval (88 

FR 10464, February 21, 2023) included 

the change in emissions at both Alton 

Steel and Ameren-Sioux and showed 

attainment of the 2010 SO2 standard 

throughout the Alton Township area. 

EPA is proposing to find, consistent 

with our approval of the State’s 

attainment plan, that the modeling 

results demonstrate attainment and 

continued maintenance of the 2010 SO2

NAAQS and that the air quality 

improvement in the Alton Township 

nonattainment area is due to permanent 

and enforceable reductions in 

emissions. 

Criteria (4)—The Alton Township SO2

Nonattainment Area Has a Fully 

Approved Maintenance Plan Pursuant 

to Section 175A 

As a part of a State’s maintenance 

plan, the air agency should develop an 

attainment emissions inventory to 

identify the level of emissions in the 

affected area which is sufficient to attain 

and maintain the SO2 NAAQS.5 In its 

redesignation request, Illinois provided 

an emissions inventory for SO2 in the 

nonattainment area for 2022, one of the 

years making up the attaining design 

value. Total actual emissions in the 

Alton Township area for the 2022 

attainment year were 2,691.88 tons. This 

level of emissions, in combination with 

modifications at the Alton Steel facility, 


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6See April 2014 SO2 Guidance, page 66. 

7Calcagni, John, Director, Air Quality 

Management Division, EPA Office of Air Quality 

Planning and Standards, ‘‘Procedures for Processing 

Requests to Redesignate Areas to Attainment,’’ 

September 4, 1992. 

are sufficient to maintain the NAAQS. 

In its attainment plan, Illinois reported 

that total actual SO2 emissions for the 

nonattainment area from 2017, a year 

during which the area was not attaining 

the NAAQS, were 4,280.97 tons. 

Construction of a new LMF stack at the 

Alton Steel facility to replace four 

downward facing vents, as well as the 

Consent Order limit of 7,342 lbs/hr 

averaged over a 24-hour block period 

accepted by the Ameren-Sioux power 

plant, led to decreases in actual SO2

emissions by over 1,580 tons in the 

Alton Township area between 2017 and 

2022. Previously, EPA’s modeling for 

the Alton Township area based on 

maximum allowable levels at Alton 

Steel and updated limits on AmerenSioux already incorporated into the 

Illinois SIP and Missouri SIP 

respectively, resulted in a design value 

of 74.9 ppb, below the SO2 NAAQS. See 

Alton SO2 Nonattainment Plan TSD, 87 

FR 80509 (December 30, 2022). 

Section 175A of the CAA sets forth 

the elements of a maintenance plan for 

areas seeking redesignation from 

nonattainment to attainment. Under 

section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least ten 

years after the nonattainment area is 

redesignated to attainment. Eight years 

after the redesignation, the State must 

submit a revised maintenance plan 

demonstrating that attainment will 

continue to be maintained for the ten 

years following the initial ten-year 

period. To address the possibility of 

future NAAQS violations, the 

maintenance plan must contain 

contingency measures, which EPA 

deems necessary to ensure prompt 

correction of any future 2010 SO2

NAAQS violations. 

Specifically, the maintenance plan 

should address five requirements: the 

attainment emissions inventory, 

maintenance demonstration, 

monitoring, verification of continued 

attainment, and a contingency plan. 

EPA is proposing to determine that 

Illinois’ redesignation request of 

October 2, 2023, contains its 

maintenance plan and all the necessary 

components, which Illinois has 

committed to review eight years after 

the redesignation. 

As a part of a State’s maintenance 

plan, the air agency should develop an 

attainment emissions inventory to 

identify the level of emissions in the 

affected area which is sufficient to attain 

and maintain the SO2 NAAQS.6 In its 

redesignation request, Illinois provided 

an emissions inventory for SO2 in the 

nonattainment area for 2022, one of the 

years making up the attaining design 

value. Total actual emissions in the 

Alton Township area for the 2022 

attainment year were 2,691.88 tons. This 

level of emissions, in combination with 

modifications at the Alton Steel facility, 

are sufficient to maintain the NAAQS. 

In its attainment plan, Illinois reported 

that total actual SO2 emissions for the 

nonattainment area from 2017, a year 

during which the area was not attaining 

the NAAQS, were 4,280.97 tons. 

Construction of a new LMF stack at the 

Alton Steel facility to replace four 

downward facing vents, as well as the 

Consent Order limit of 7,342 lbs/hr 

averaged over a 24-hour block period 

accepted by the Ameren-Sioux power 

plant, led to decreases in actual SO2

emissions by over 1,580 tons in the 

Alton Township area between 2017 and 

2022. Previously, EPA’s modeling for 

the Alton Township area based on 

maximum allowable levels at Alton 

Steel and updated limits on AmerenSioux already incorporated into the 

Illinois SIP and Missouri SIP 

respectively, resulted in a design value 

of 74.9 ppb, below the SO2 NAAQS. See 

Alton SO2 Nonattainment Plan TSD, 87 

FR 80509 (December 30, 2022). 

EPA’s ‘‘Procedures for Processing 

Requests to Redesignate Areas to 

Attainment’’ (Calcagni Memo) 7

describes two ways for a State to 

demonstrate maintenance of the 

NAAQS following the redesignation of 

the area: (1) the State can show that 

future emissions of a pollutant will not 

exceed the level of the attainment 

inventory, or (2) the State can model to 

show that the future mix of sources and 

emission rate will not cause a violation 

of the standard. In both instances, the 

demonstration should be for a period of 

10 years following the redesignation. 

Furthermore, the plan should contain a 

summary of air quality concentrations 

resulting from control measures 

implemented where modeling is relied 

upon to demonstrate maintenance. 

Illinois’ maintenance demonstration 

consists of the attainment SIP air quality 

modeling analysis showing that the 

emissions reductions now in effect in 

the Alton Township area will provide 

for attainment of the 2010 SO2 NAAQS. 

The permanent and enforceable SO2

emission reductions described above 

ensure that the area emissions will be 

equal to or less than the emission levels 

that were evaluated in the air quality 

modeling analysis, and Illinois’ 

enforceable emission requirements will 

ensure that the Alton Township area 

SO2 emission limits are met 

continuously. 

By providing actual emissions data 

from Alton Steel and Ameren-Sioux, the 

main sources of SO2, from a time period 

when the area was not meeting the 

NAAQS and from a time period when 

the area was attaining the NAAQS, 

Illinois demonstrates a 52 percent and 

38 percent reduction in actual annual 

SO2 emissions at Alton Steel and 

Ameren-Sioux, respectively. Illinois’ 

submittal shows that actual annual 

Alton Steel SO2 emissions in 2022 were 

48 percent of the actual emissions in 

2017 and shows actual annual 2022 

Ameren-Sioux SO2 emissions were 62 

percent of the actual emissions in 2017. 

EPA’s modeling described in the 

Criteria 4 section above, shows by 

modeling that modified LMF exhaust 

configuration at Alton Steel in addition 

to the newly imposed consent 

agreement SO2 limits for Ameren-Sioux, 

which are federally enforceable, result 

in the area maintaining attainment of 

the SO2 NAAQS. 

For continuing verification, Illinois 

has committed to track the emissions 

and compliance status of the major 

facilities in the Alton Township area so 

that future emissions will not exceed 

the allowable emissions-based 

attainment inventory. All major sources 

in Illinois are required to submit annual 

emissions data, which the State uses to 

update its emission inventories as 

required by the CAA. The Alton Steel 

facility must submit annual compliance 

certifications to ensure the facility is 

meeting its SIP limits and the facility 

must submit a semi-annual Monitoring 

Report to the Illinois EPA, Air 

Compliance Section, summarizing 

required monitoring done and 

identifying all instances of deviation 

from the permit. 

Illinois has also committed to 

continue operating an ‘‘appropriate air 

quality monitoring network to verify 

maintenance of the attainment status’’ of 

the Alton Township area. However, the 

closest monitor to the Alton area is the 

East St. Louis monitor (AQS ID: 17– 

163–0010, coordinates: 38.61203– 

90.16048) approximately 30 kilometers 

south of the Alton Steel facility. As 

such, Illinois commits to providing EPA 

with annual emissions report of the 

newly constructed Alton Steel LMF 

stack as part of Illinois’ annual network 

plan submittal to provide ongoing 

verification of attainment. The AmerenSioux facility is subject to annual 

emissions data reporting under EPA’s 

Federal emissions trading programs and, 


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8See Ameren-Sioux emissions data at https://

campd.epa.gov/data/custom-data-download. 

9See April 2014 SO2 Guidance, page 74. 

10See April 2014 SO2 Guidance, page 41–42. 11See https://www.epa.gov/ejscreen. 

therefore, data are readily accessible via 

EPA’s Clean Air Markets Program 

Division’s database.8

Section 175A(d) of the CAA provides 

that a maintenance plan must contain 

contingency provisions that will 

promptly correct any violation of the 

2010 SO2 NAAQS after the area is 

redesignated to attainment (Calcagni 

Memo). The maintenance plan should 

identify the contingency measures to be 

adopted, a schedule and procedure for 

adoption and implementation, and a 

time limit for action by the State. A 

State should also identify specific 

indicators to be used to determine when 

the contingency measures need to be 

implemented. The maintenance plan 

must also include a requirement that a 

State will implement all measures with 

respect to control of the pollutant that 

were contained in the SIP before 

redesignation of the area to attainment 

in accordance with section 175A(d). 

Unlike CAA section 172(c)(9), section 

l75A of the CAA does not explicitly 

require that contingency measures must 

take effect without further action by the 

air agency in order for the maintenance 

plan to be approved. However, the 

maintenance plan’s contingency plan 

would become an enforceable part of the 

SIP and should ensure that contingency 

measures are adopted and implemented 

as expeditiously as practicable once 

they are triggered.9 In the ‘‘General 

Preamble for the Implementation of 

Title I of the Clean Air Act Amendments 

of 1990,’’ published on April 16, 1992 

(57 FR 13498), EPA provides further 

discussion of contingency measures for 

SO2. This guidance States that in many 

cases, attainment revolves around 

compliance of a single source or a small 

set of sources with emission limits 

shown to provide for attainment. 

Although this guidance applies to 

contingency measures under section 

172(c)(9), EPA applies a similar policy 

with respect to contingency measures 

for SO2 required in maintenance plans 

under section 175A(d). The requirement 

to submit contingency measures in 

accordance with section 175A of the 

CAA can be adequately addressed for 

SO2 by the operation of a 

comprehensive enforcement program,10

which can quickly identify and address 

sources that might be causing 

exceedances of the NAAQS. Illinois’ 

enforcement program is active and 

capable of prompt action to remedy 

compliance issues. Illinois commits to 

ongoing compliance and enforcement of 

the control measures contained in the 

federally enforceable Construction 

Permit issued to Alton Steel approved 

and incorporated into the Illinois’ 

attainment SIP approval (88 FR 10464, 

February 21, 2023). Illinois also has the 

necessary resources in the event of 

violations to enforce its permit 

provisions and rules. Illinois has the 

authority to expeditiously adopt, 

implement, and enforce any subsequent 

emission control measures deemed 

necessary to correct any future SO2

violations. Illinois commits to adopting 

and implementing such corrective 

actions as necessary to address 

violations of the 2010 SO2 NAAQS. 

Another contingency measure option is 

the implementation of a PSD program 

for new or modified existing sources of 

SO2, which includes requirements for 

Best Available Control Technology, in 

the Alton nonattainment area once 

redesignated to attainment. The 

Ameren-Sioux Consent Agreement has 

been adopted into the Missouri SIP and 

includes monitoring, recordkeeping, 

and reporting requirements that will be 

used to confirm ongoing compliance 

incorporated into the Missouri SIP (87 

FR 68634, November 16, 2022). Based 

on the foregoing, EPA proposes to find 

that Illinois has addressed the 

contingency measure requirement. 

EPA is proposing to find that Illinois’ 

maintenance plan adequately addresses 

the five basic components of a 

maintenance plan necessary to maintain 

the SO2 NAAQS in the Alton Township 

nonattainment area. Therefore, EPA 

proposes to find that the redesignation 

and maintenance plan SIP revision 

submitted by Illinois for the 2010 SO2

Alton Township nonattainment area 

meets the requirements of section 175A 

of the CAA and proposes to approve this 

plan. 

III. What action is EPA taking? 

EPA is proposing to redesignate the 

Alton Township area from 

nonattainment to attainment for the 

2010 SO2 NAAQS in accordance with 

Illinois’ October 2, 2023, request. EPA 

has determined that the area is attaining 

the 2010 SO2 NAAQS and that the 

improvement in air quality is due to 

permanent and enforceable SO2

emission reductions in the area. EPA is 

also proposing to approve Illinois’ 

maintenance plan, which is designed to 

ensure that the area will continue to 

maintain attainment of the 2010 SO2

NAAQS. Additionally, EPA is proposing 

to determine the Alton Township area 

attained the 2010 SO2 NAAQS by the 

September 12, 2021, attainment date 

addressing EPA’s obligation under CAA 

section 179(c). 

IV. Environmental Justice Concerns 

To identify environmental burdens 

and potentially susceptible populations 

in the Alton Township area, EPA 

performed a screening-level analysis 

using EPA’s environmental justice (EJ) 

screening and mapping tool 

(EJScreen).11 The results of EPA’s 

screening analysis are being provided 

for informational and transparency 

purposes, and EPA did not rely on these 

findings in its action on Illinois’ 

submissions. EPA utilized the EJScreen 

tool to review environmental and 

demographic data, which provides an 

assessment of individual demographic 

groups of the populations living within 

the Alton Township area in Madison 

County. The tool output report is 

contained in the docket for this action. 

Due to the localized nature of SO2, EPA 

considered a 1.5-mile radius of the 

Alton Steel facility in its assessment. 

EPA’s screening-level analysis indicates 

that communities affected by this action 

score above the national percent average 

for the EJScreen ‘‘Demographic Index’’, 

which is the average of an area’s percent 

minority and percent low-income 

populations, i.e., the two demographic 

indicators explicitly named in Executive 

Order 12898. Additionally, the results 

indicate that the area scores below the 

80th percentile (in comparison to the 

nation as a whole) for 8 out of the 13 

EJ indexes established by EPA, which 

include a combination of environmental 

and demographic information. The 

Alton Township area scored at or above 

the 80th percentile for the ozone, toxic 

releases to the air, lead paint, RMP 

facility proximity, and wastewater 

discharge indexes. The analysis was 

done for the purpose of providing 

additional context and information 

about this rulemaking to the public, and 

not as a basis of the action. Due to the 

nature of the action being taken here, 

this action is expected to have a neutral 

to positive impact on the air quality of 

the affected area. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan are actions that affect 

the status of a geographical area and do 

not impose any additional regulatory 

requirements on sources beyond those 

imposed by State law. A redesignation 

to attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 


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81416 Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Proposed Rules 

areas that have been redesignated to 

attainment. Moreover, 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 these 

reasons, 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 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian Tribe has demonstrated that a 

Tribe has jurisdiction. In those areas of 

Indian country, the rulemaking does not 

have Tribal implications and will not 

impose substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with EJ 

concerns to the greatest extent 

practicable and permitted by law. EPA 

defines EJ as ‘‘the fair treatment and 

meaningful involvement of all people 

regardless of race, color, national origin, 

or income with respect to the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

Illinois did not include an evaluation 

of EJ considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA performed an EJ analysis, as is 

described above in the section titled, 

‘‘Environmental Justice 

Considerations.’’ The analysis was done 

for the purpose of providing additional 

context and information about this 

rulemaking to the public, and not as a 

basis of the action. Due to the nature of 

the action being taken here, this action 

is expected to have a neutral to positive 

impact on the air quality of the affected 

area. In addition, there is no information 

in the record upon which this decision 

is based inconsistent with the stated 

goal of E.O. 12898 of achieving EJ for 

communities with EJ concerns. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: October 2, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2024–23164 Filed 10–7–24; 8:45 am] 

BILLING CODE 6560–50–P 


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