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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Rules and Regulations]
[Pages 106357-106360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30506]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2023-0498; FRL-12265-02-R5]

Air Plan Approval; Illinois; Alton Township 2010 Sulfur Dioxide 
Redesignation and Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
Illinois' request 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 approving Illinois' maintenance plan for the area. Illinois 
submitted the request for approval on October 2, 2023. Additionally, 
EPA is taking final action to determine that the Alton Township area 
attained the 2010 SO2 NAAQS by the September 12, 2021, 
attainment

[[Page 106358]]

date, fulfilling EPA's obligation under the Clean Air Act (CAA) section 
179(c) to determine whether the area attained the relevant NAAQS 
standard. EPA proposed to approve this action on October 8, 2024, and 
received no comments.December 30, 2024

DATES: This final rule is effective on January 29, 2025.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2023-0498. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, i.e., Confidential Business 
Information (CBI), Proprietary Business Information (PBI), or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either through https://www.regulations.gov or at the Environmental Protection Agency, Region 
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding Federal holidays. We recommend that 
you telephone Cecilia Magos, at (312) 886-7336, before visiting the 
Region 5 office.

FOR FURTHER INFORMATION CONTACT: Cecilia Magos, Air and Radiation 
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-7336, 
[email protected].

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

I. Background Information

    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. The plan included computer 
modeling that included emissions from 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. 
On March 14, 2019, the Illinois Environmental Protection Agency issued 
Construction Permit #18020009 for the Alton Steel facility to operate a 
new ladle metallurgy facility (LMF) stack and to remove 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).
    On October 2, 2023, Illinois submitted a redesignation request and 
maintenance plan for the Alton Township nonattainment area for the 2010 
SO2 NAAQS. The submitted redesignation request and 
maintenance plan includes the Construction Permit issued to Alton Steel 
and the Consent Agreement for Ameren-Sioux that has been approved into 
the Missouri SIP (87 FR 68634, November 16, 2022) with accepted 
SO2 emissions limits. On October 8, 2024 (89 FR 81409), EPA 
proposed to approve the redesignation of the Alton Township area in 
Madison County, Illinois from nonattainment to attainment for the 2010 
SO2 NAAQS in accordance with Illinois' request submitted on 
October 2, 2023. EPA has determined 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 approving Illinois' maintenance plan, which is 
designed to ensure that the area will continue to maintain attainment 
of the 2010 SO2 NAAQS. Additionally, under section 179(c) 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. In this action, EPA is 
determining that the Alton Township area did attain the 2010 
SO2 NAAQS by the attainment date of September 12, 2021. An 
explanation of the CAA requirements, a detailed analysis of the 
revisions, and EPA's reasons for proposing approval were provided in 
the notice of proposed rulemaking (NPRM) and will not be restated here. 
The public comment period for this proposed rule ended on November 7, 
2024. EPA received no comments on the proposal. Therefore, we are 
finalizing our action as proposed.

II. Final Action

    EPA is approving the redesignation of the Alton Township area from 
nonattainment to attainment, meeting the criteria under CAA section 
107(d)(3)(E) for the 2010 SO2 NAAQS in accordance with 
Illinois' October 2, 2023, request. EPA is determining 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. On this basis, EPA is approving the 
redesignation request from Illinois for the area and changing the legal 
designation of the Alton Township area in Madison County at 40 CFR part 
81 to attainment for the 2010 SO2 NAAQS.
    EPA is also approving Illinois' maintenance plan under CAA section 
175A. The maintenance plan demonstrates that the area will continue to 
maintain the 2010 SO2 NAAQS and includes a process to 
develop contingency measures to remedy any future violations of the 
2010 SO2 NAAQS and procedures for evaluation of potential 
violations. This includes Illinois' commitment to provide EPA with an 
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.
    Finally, EPA is determining that 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).

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735,

[[Page 106359]]

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 rule does not have Tribal implications and will not impose 
substantial direct costs on Tribal governments or preempt Tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
Executive Order 14096 (Revitalizing Our Nation's Commitment to 
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on 
and supplements E.O. 12898 and defines EJ as, among other things, the 
just treatment and meaningful involvement of all people, regardless of 
income, race, color, national origin, or Tribal affiliation, or 
disability in agency decision-making and other Federal activities that 
affect human health and the environment.
    The Illinois Environmental Protection Agency did not evaluate 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 in the 
proposed action (October 8, 2024, 89 FR 81409) in the section titled, 
``EJ Considerations.'' The analysis was done for the purpose of 
providing additional context and information about this rulemaking to 
the public, 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. 12898/14096 of achieving EJ 
for communities with EJ concerns.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 28, 2025. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

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: December 16, 2024.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. In Sec.  52.720, amend the table in paragraph (e), under the heading 
``Attainment and Maintenance Plans'' by adding a second entry for 
``Sulfur dioxide (2010) maintenance plan'' after the entry for ``Sulfur 
dioxide maintenance plan'' to read as follows:

Sec.  52.720  Identification of plan.

* * * * *
    (e) * * *

                       EPA Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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                                                                 State
    Name of SIP provision        Applicable geographic or      submittal     EPA approval         Comments
                                    nonattainment area            date           date
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                                                  * * * * * * *
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                                        Attainment and Maintenance Plans
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                                                  * * * * * * *
Sulfur dioxide (2010)         Alton Township................    10/2/2023  12/30/24,        ....................
 maintenance plan.                                                          [INSERT FIRST
                                                                            PAGE OF
                                                                            FEDERAL
                                                                            REGISTER
                                                                            CITATION].
 
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[[Page 106360]]

* * * * *

PART 81-DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.

0
4. In Sec.  81.314,amend the table entitled ``Illinois--2010 Sulfur 
Dioxide NAAQS [Primary], by revising the entry for ``Alton Township, 
IL'''' to read as follows:

Sec.  81.314  Illinois.

* * * * *

                   Illinois--2010 Sulfur Dioxide NAAQS
                                [Primary]
------------------------------------------------------------------------
                                               Designation
      Designated area \1\       ----------------------------------------
                                      Date \2\              Type
------------------------------------------------------------------------
Alton Township, IL.............           12/30/24  Attainment.
    Madison County (part)
     Within Alton Township:
     Area east of Corporal
     Belchik Memorial
     Expressway, south of East
     Broadway, south of Route
     3, and north of Route 143.
 
                              * * * * * * *
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\1\ Includes any Indian country in each county or area, unless otherwise
  specified. EPA is not determining the boundaries of any area of Indian
  country in this table, including any area of Indian country located in
  the larger designation area. The inclusion of any Indian country in
  the designation area is not a determination that the state has
  regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.

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[FR Doc. 2024-30506 Filed 12-27-24; 8:45 am]
BILLING CODE 6560-50-P
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