Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations 50459 

1A copy of this amendment to the delegation 

agreement is available in the docket for this action. 

* * * * * 

[FR Doc. 2021–19156 Filed 9–8–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0501, EPA–R05– 

OAR–2020–0502, EPA–R05–OAR–2020– 

0503; FRL–8919–02–R5] 

Air Plan Approval; Illinois; Prevention 

of Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Illinois State Implementation Plan 

(SIP) that were submitted by the Illinois 

Environmental Protection Agency 

(IEPA) on September 22, 2020, and 

amended on November 5, 2020, and 

March 3, 2021. These revisions 

implement new preconstruction 

permitting regulations for certain new or 

modified sources of air pollution in 

attainment and unclassifiable areas 

under the Prevention of Significant 

Deterioration (PSD) program of the 

Clean Air Act (CAA). EPA is also 

transferring to IEPA responsibility for 

administering existing PSD permits that 

EPA previously issued to sources in 

Illinois, and for processing any PSD 

permit actions related to such permits. 

DATES: This final rule is effective on 

October 12, 2021. 

ADDRESSES: EPA has established dockets 

for this action under Docket ID Nos. 

EPA–R05–OAR–2020–0501, EPA–R05– 

OAR–2020–0502, and EPA–R05–OAR– 

2020–0503. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone David 

Ogulei, Environmental Engineer, at 

(312) 353–0987 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

David Ogulei, Environmental Engineer, 

Air Permits Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–0987, ogulei.david@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background. 

II. Summary of EPA Analysis. 

III. What comments did we receive on the 

proposed rule? 

IV. What action is EPA taking? 

V. Incorporation by Reference. 

VI. Statutory and Executive Order Reviews. 

I. Background 

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

requires that each SIP include a program 

to provide for the regulation of the 

construction and modification of 

stationary sources within the areas 

covered by the SIP. We refer to these as 

the New Source Review (NSR) 

provisions. They consist primarily of: 

(1) A permit program as required by part 

C of subsection I of the CAA, PSD, as 

necessary to assure that national 

ambient air quality standards (NAAQS) 

are achieved; (2) a permit program as 

required by part D of subsection I of the 

CAA, Plan Requirements for 

Nonattainment Areas, as necessary to 

assure that NAAQS are attained and 

maintained in ‘‘nonattainment areas’’ 

(known as ‘‘nonattainment NSR’’), and 

(3) a permit program for minor sources 

and minor modifications of major 

sources as required by section 

110(a)(2)(C) of the CAA. Specific plan 

requirements for an approvable PSD SIP 

are provided in sections 160–169 of the 

CAA and the implementing regulations 

at 40 CFR 51.166. The requirements 

applicable to SIP requirements for 

nonattainment areas are provided in 

sections 171–193 of the CAA and the 

implementing regulations at 40 CFR 

51.165. The Federal PSD requirements 

at 40 CFR 52.21 apply through Federal 

Implementation Plans (FIPs) in states 

without a SIP-approved PSD program. 

The PSD SIP requirements apply to 

new major sources or major 

modifications at existing major 

stationary sources for pollutants where 

the area the source is located has been 

designated as ‘‘attainment’’ or 

‘‘unclassifiable’’ with respect to the 

NAAQS under section 107(d) of the 

CAA. Under section 160 of the CAA, the 

purposes of the PSD program are to: (1) 

Protect public health and welfare; (2) 

preserve, protect and enhance the air 

quality in national parks, national 

wilderness areas, national monuments, 

national seashores, and other areas of 

special national or regional natural, 

recreational, scenic, or historic value; 

(3) ensure that economic growth will 

occur in a manner consistent with the 

preservation of existing clean air 

resources; (4) assure that emissions from 

any source in any State will not 

interfere with any portion of the 

applicable implementation plan to 

prevent significant deterioration of air 

quality for any other State; and (5) 

assure that any decision to permit 

increased air pollution in any area to 

which the PSD program applies is made 

only after careful evaluation of all the 

consequences of such a decision and 

after adequate procedural opportunities 

for informed public participation in the 

decision making process. 

Before a PSD permit can be issued, 

the stationary source must demonstrate 

that the new major source or major 

modification will be equipped with the 

Best Available Control Technology 

(BACT) for all po11utants regulated 

under the PSD program that are emitted 

in significant amounts, and that 

increased emissions from the project 

will not result in a violation of the 

NAAQS or applicable ambient air 

quality increments. See CAA section 

165. 

Because Illinois does not currently 

have a SIP-approved PSD program, PSD 

permits in Illinois have been issued 

under a FIP incorporating the 

requirements of 40 CFR 52.21. Prior to 

April 7, 1980, EPA was solely 

responsible for, and operated, the PSD 

permitting program in Illinois. However, 

since April 7, 1980, IEPA has issued 

PSD permits under a delegation 

agreement with EPA that authorizes 

IEPA to implement the FIP. See 46 FR 

9580 (Jan. 29, 1981) (1980 Delegation 

Agreement). Under a November 16, 

1981 amendment to the 1980 Delegation 

Agreement,1 IEPA also has the authority 

to amend or revise any PSD permit 

issued by EPA under the FIP. Thus, all 

PSD permits issued in Illinois are 

currently considered Federal permits; 

and PSD permits issued after April 7, 

1980, are enforceable by Illinois and 

EPA since they were issued under both 

Illinois and EPA authority. 

On September 22, 2020, IEPA 

submitted to EPA a request to revise the 

Illinois SIP to establish a SIP-approved 

PSD program in Illinois. Specifically, 

IEPA requested that EPA incorporate 


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50460 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations 

2 IEPA’s September 2020 submittal also addressed 

Illinois’ Infrastructure SIP requirements under 

sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 

110(a)(2)(D)(ii), and 110(a)(2)(J) of the CAA for all 

of the following NAAQS: 2008 lead, 2010 nitrogen 

dioxide, 1997 ozone, 2008 ozone, 2015 ozone, 1997 

particulate matter with aerodynamic diameter less 

than 2.5 microns (PM2.5), 2006 PM2.5, 2012 PM2.5, 

and 2010 sulfur dioxide. This action does not 

address the infrastructure SIP portion of IEPA’s 

submittal. EPA plans to address those requirements 

in a separate action. 3See 86 FR 22374–22380. 

into the SIP the following: (1) 

Amendments to Title 35 Illinois 

Administrative Code (35 Ill. Adm. Code) 

Part 203, Major Stationary Source 

Construction and Modification; (2) new 

regulations at 35 Ill. Adm. Code Part 

204, Prevention of Significant 

Deterioration; (3) amendments to 35 Ill. 

Adm. Code Part 211, Definitions and 

General Provisions; 2 and (4) 

amendments to 35 Ill. Adm. Code Part 

252, Public Participation in the Air 

Pollution Control Permit Program. The 

amendments to 35 Ill. Adm. Code Parts 

203 and 211 update these rules to refer 

to permitting pursuant to 35 Ill. Adm. 

Code Part 204, as well as to 40 CFR 

52.21. These amendments to 35 Ill. 

Adm. Code Parts 203 and 211 involve 

regulations that EPA has previously 

approved into the Illinois SIP for 

purposes of other provisions of the CAA 

(excluding the PSD program). See 40 

CFR 52.720(c). On November 5, 2020, 

IEPA submitted additional information 

clarifying how it intends to implement 

specific provisions identified by EPA, 

and how it plans to correct any 

typographical errors or omissions that 

EPA identified in its October 22, 2020 

review of IEPA’s September 2020 

submittal. Additionally, on March 3, 

2021, IEPA submitted a request to 

withdraw a portion of the submitted 

amendments, 35 Ill. Adm. Code 

252.301, from approval into the SIP. 

This provision applies to EPA’s review 

of title V permits issued by IEPA. 

On April 28, 2021, EPA issued a 

notice of proposed rulemaking 

(proposed rule) in which we proposed 

to find that IEPA’s proposed regulations 

and amendments meet the requirements 

of sections 160–169 of the CAA and the 

implementing regulations at 40 CFR 

51.166. See 86 FR 22372. We explained 

in the preamble to the proposed rule 

that, with a few exceptions, IEPA’s PSD 

regulations at 35 Ill. Adm. Code Part 204 

and 35 Ill. Adm. Code Part 252 largely 

mirror the Federal regulations at 40 CFR 

52.21 and 40 CFR part 124, respectively. 

We proposed to approve IEPA’s PSD 

regulations contained in 35 Ill. Adm. 

Code Parts 204 and 252 to apply 

statewide, except in Indian reservations. 

For the facilities in Indian reservations 

in the State, and any other area where 

EPA or an Indian tribe has demonstrated 

that a tribe has jurisdiction, the PSD FIP 

incorporating 40 CFR 52.21 would 

continue to apply and EPA would retain 

responsibility for issuing permits 

affecting such sources. 

In this final action, EPA finds that 

IEPA’s regulations at 35 Ill. Adm. Code 

Part 204 and the amendments to 35 Ill. 

Adm. Code Parts 203, 211 and 252 meet 

the requirements of sections 160–169 of 

the CAA and the minimum program 

requirements of 40 CFR 51.166. EPA is 

therefore approving these regulations 

and amendments into the Illinois SIP 

and is codifying this approval in the 

Federal regulations at 40 CFR 52.720. 

Upon the effective date of this approval, 

PSD permits issued by IEPA will be 

issued under state authority and will no 

longer be considered Federal actions. 

However, such PSD permits will 

continue to be federally enforceable as 

defined at 40 CFR 51.166(b)(17). 

This action also transfers to IEPA 

responsibility for administering existing 

PSD permits that EPA previously issued 

to sources in Illinois pursuant to the 

FIP, and for processing any PSD permit 

actions related to such permits. 

II. Summary of EPA Analysis 

A. Procedural Requirements 

For the reasons discussed in the 

proposed rule, EPA finds that IEPA has 

satisfied the procedural requirements 

for a SIP submittal as set forth in 40 CFR 

51.102, 51.103 and 40 CFR part 51, 

appendix V. 

B. 35 Ill. Adm. Code Part 203 (Major 

Stationary Source Construction and 

Modification) 

For the reasons discussed in the 

proposed rule, EPA is approving IEPA’s 

amendments to 35 Ill. Adm. Code Part 

203. The amendments update certain 

provisions in this regulation such that 

they refer to permits issued under 40 

CFR 52.21 or 35 Ill. Adm. Code Part 204, 

Illinois’ new regulation for a state PSD 

permitting program. Specifically, EPA is 

approving amendments to 35 Ill. Adm. 

Code 203.207(a), (c)(2), (c)(3), (c)(5), 

(c)(6), (e) and (f). Accordingly, upon the 

effective date of this final action, IEPA 

will issue PSD permits under 35 Ill. 

Adm. Code Part 204, but permits 

previously issued under 40 CFR 52.21 

will continue to be effective unless 

rescinded or otherwise rendered 

invalid. 

C. 35 Ill. Adm. Code Part 204 

Under 40 CFR 51.166(a)(7)(iv), each 

SIP shall contain the specific provisions 

of 40 CFR 51.166(a)(7)(iv)(a) through (f). 

EPA will approve deviations from these 

provisions only if the State specifically 

demonstrates that the submitted 

provisions are more stringent than, or at 

least as stringent, in all respects as the 

corresponding provisions in 40 CFR 

51.166(a)(7)(iv)(a) through (f). 

Additionally, 40 CFR 51.166(b) requires 

that all SIPs shall use the definitions in 

40 CFR 51.166(b) for the purposes of 40 

CFR 51.166 and that deviations from the 

wording of those definitions will be 

approved only if the State specifically 

demonstrates that the submitted 

definition is more stringent, or at least 

as stringent, in all respects as the 

corresponding definitions in 40 CFR 

51.166(b). 

EPA finds that IEPA’s PSD regulation 

is more stringent than, or at least as 

stringent, in all respects as the 

corresponding provisions in 40 CFR 

51.166. While IEPA has submitted 

provisions that differ in some respects 

from the provisions in 40 CFR 51.166, 

as discussed in detail in the proposed 

rule,3 we find that those differences do 

not render IEPA’s regulation less 

stringent than the corresponding 

Federal language at 40 CFR 51.166. 

D. 35 Ill. Adm. Code Part 211 

(Definitions and General Provisions) 

In the proposed rule, EPA proposed to 

approve amendments to 35 Ill. Adm. 

Code Part 211 that updated certain 

provisions in this regulation such that 

they refer to permits issued under 40 

CPR 52.21 or 35 Ill. Adm. Code Part 204. 

Specifically, EPA proposed to approve 

amendments to 35 Ill. Adm. Code 

211.7150(b) and (d), with a state 

effective date of September 4, 2020. On 

June 16, 2021, EPA approved into the 

Illinois SIP a more recent version of this 

regulation, with a state effective date of 

October 20, 2020. See 86 FR 31920. The 

October 20, 2020 version of 35 Ill. Adm. 

Code Part 211, as EPA approved on June 

16, 2021, contains the changes that IEPA 

requested in its September 22, 2020 

submittal for this action. Therefore, EPA 

is not acting on this portion of the 

submittal in this action. 

E. 35 Ill. Adm. Code Part 252 (Public 

Participation) 

For the reasons discussed in the 

proposed rule, EPA is approving into 

the SIP IEPA’s regulations at 35 Ill. 

Adm. Code Part 252, except 35 Ill. Adm. 

Code 252.301. EPA finds that IEPA’s 

amendments to 35 Ill. Adm. Code Part 

252 meet the CAA requirements for 

public participation for the PSD 

program as set forth in 40 CFR 51.161 

and 51.166(q), and are substantially 

identical to the public participation 


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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations 50461 

4The commenters provided no evidence to 

contest EPA’s finding that IEPA has provided 

necessary assurances that it will have adequate 

authority under State law to carry out the SIP. 

requirements in 40 CFR part 124 that are 

pertinent to the currently-applicable FIP 

incorporating 40 CFR 52.21. EPA is not 

including in its final approval 35 Ill. 

Adm. Code 252.301 because IEPA 

withdrew this provision from its 

submittal, and it is not a required 

element of a PSD SIP. 

F. Personnel, Funding, and Authority 

Section 110(a)(2)(E)(i) of the CAA 

requires states to have adequate 

personnel, funding, and authority under 

state law to carry out a SIP. EPA finds 

that IEPA has authority under state law 

to issue PSD permits. Specifically, 

sections 9.l(d)(l) and (2) of the Illinois 

Environmental Policy Act (Illinois Act), 

415 ILCS 5/9.l(d)(l) and (2), specify that 

no person shall violate any provisions of 

sections 111, 112, 165, or 173 of the 

CAA, as now or hereafter amended, or 

the implementing Federal regulations; 

or construct, install, modify or operate 

any equipment, building, facility, source 

or installation which is subject to 

regulation under sections 111, 112, 165, 

or 173 of the CAA, as now or hereafter 

amended, except in compliance with 

the requirements of such sections and 

Federal regulations adopted pursuant 

thereto. The Illinois Act further 

specifies that no such action shall be 

undertaken without a permit granted by 

IEPA whenever a permit is required 

pursuant to the Illinois Act or the 

implementing state regulations, or 

section 111, 112, 165, or 173 of the CAA 

or implementing Federal regulations, or 

in violation of any conditions imposed 

by such permit. Consistent with the 

Illinois Act, 35 Ill. Adm. Code 204.820 

and 204.850 require that a source may 

construct or operate any source or 

modification subject to PSD permitting 

only after obtaining an approval to 

construct or PSD permit. IEPA would 

have the ability to rescind such PSD 

permit under 35 Ill. Adm. Code 

204.1340. 

As discussed in the proposed rule, 

and in response to comments below, 

EPA finds that IEPA has provided the 

necessary assurances that it has 

adequate personnel and funding to 

implement PSD permitting activities in 

Illinois, including an adequate number 

of full-time construction permit staff 

and revenue stream from permit fees to 

administer a PSD program in Illinois. 

G. EPA Oversight Authority 

In approving state NSR rules into 

SIPs, EPA has a responsibility to ensure 

that all states properly implement their 

SIP-approved preconstruction 

permitting programs. Accordingly, EPA 

will conduct appropriate oversight to 

ensure that permits issued by IEPA are 

consistent with the requirements of the 

CAA, Federal regulations, and the SIP. 

EPA’s authority to oversee NSR 

permit program implementation is set 

forth in sections 113 and 167 of the 

CAA. For example, section 167 

authorizes EPA to issue administrative 

orders, initiate civil actions, or take 

whatever other action may be necessary 

to prevent the construction or 

modification of a major stationary 

source that does not ‘‘conform to the 

requirements of’’ the PSD program. 

Section 113(a)(1) of the CAA provides 

for a range of enforcement remedies 

whenever EPA finds that a person is in 

violation of an applicable 

implementation plan. Likewise, section 

113(a)(5) of the CAA provides for 

administrative orders and civil actions 

whenever EPA finds that a state ‘‘is not 

acting in compliance with’’ any 

requirement or prohibition of the CAA 

regarding the construction of new 

sources or modification of existing 

sources. 

Under 40 CFR 51.166(a)(4), IEPA is 

obligated to review the continued 

adequacy of its approved SIP ‘‘on a 

periodic basis and within 60 days of 

such time as information becomes 

available that an applicable increment is 

being violated.’’ 

III. What comments did we receive on 

the proposed rule? 

Our proposed rule provided a 30-day 

public comment period. See 86 FR at 

22372. During the comment period, 

which closed on May 28, 2021, we 

received both adverse and supportive 

comments. We received comments in 

support of our proposed rule from the 

Illinois Environmental Regulatory 

Group. We received adverse 

consolidated comments from 

Earthjustice, Environmental Law & 

Policy Center, and Sierra Club. We 

respond to the adverse comments in this 

section. 

Comment: The commenters assert that 

EPA cannot approve Illinois’ PSD 

program into the SIP because IEPA has 

not provided necessary assurances that 

it will have adequate personnel, 

funding, and authority under State law 

to carry out the SIP, as required by 

section 110(a)(2)(E) of CAA. The 

commenters allege that IEPA has for 

many years been understaffed and 

under-resourced to handle its existing 

volume of regulatory obligations. Citing 

findings by EPA (including by the Office 

of Inspector General (OIG)) and other 

studies, the commenters argue that: (1) 

IEPA’s title V program has longstanding 

funding and permit processing issues, 

including a title V permit backlog above 

EPA’s recommended level as recently as 

2017, suggesting the same issues will 

arise with the PSD program; (2) IEPA 

staff has declined since 1980 (and by 

nearly 50% in the Bureau of Air during 

the period 2003–2018); (3) there is no 

general fund appropriation for IEPA; 

and (4) delays of permit appeals at the 

Illinois Pollution Control Board (IPCB) 

suggest personnel and funding issues in 

that body, which would delay 

resolution of PSD permit appeals. The 

commenters allege that IEPA has not 

demonstrated that the staffing and 

resource shortages already plaguing it 

have been resolved, nor has it shown 

that IEPA or the IPCB have the sufficient 

staff and resources necessary to equip 

them to implement the PSD program. 

The commenters also assert that funding 

and staffing shortfalls place a 

disproportionate burden on 

Environmental Justice (EJ) communities 

by delaying the review and enforcement 

of noncompliance with permits for 

sources that are disproportionately 

located in EJ communities. As a result, 

the commenters assert that authorizing 

IEPA to administer the PSD program 

would be inconsistent with IEPA’s and 

EPA’s EJ obligations. 

EPA Response: EPA acknowledges 

that IEPA, like many other permitting 

authorities, has seen staff and funding 

decline over the years due to reduced 

legislative budget allocations, facility 

shutdowns (particularly by large 

emitters such as coal-fired power 

plants), and other factors. However, we 

disagree with the commenters’ assertion 

that IEPA has not met its burden to 

provide the necessary assurances that it 

will have adequate personnel and 

funding under State law to administer a 

SIP-approved PSD program in Illinois.4

While CAA section 110(a)(2)(E) requires 

each state to provide necessary 

assurances that the state will have 

adequate personnel, funding, and 

authority under state law to carry out 

the SIP, it does not mandate a specific 

methodology for EPA to use when 

evaluating the adequacy of resources to 

implement the SIP. See 76 FR 42549, 

42554 (July 19, 2011). The scope of this 

action is limited to determining whether 

the Illinois SIP meets certain 

infrastructure requirements of CAA 

section 110(a)(2)(E) with respect to 

funding and personnel for purposes of 

implementing the approved SIP. As 

discussed in the proposed rule, IEPA 

has issued PSD permits under the 

delegation agreement with EPA since 

1980, and the staff of engineers and air 


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5 In criticizing Illinois’ title V program, 

commenters rely in part on EPA’s Review of Illinois 

Environmental Protection Agency’s New Source 

Review and Title V Permit Programs (Sept. 2017) 

(the ‘‘2017 Review’’). That review noted several 

improvements in IEPA’s processing of PSD permits, 

including that it had been ‘‘issuing all PSD permits 

within 180 days of receiving a complete 

application, well within the timeframe required by 

EPA’s rules’’ and had ‘‘entered into the [RACT/ 

BACT/LAER Clearinghouse] all BACT/LAER 

determinations for issued and effective permits.’’ 

2017 Review at 5, 7. 

6See Mark Templeton et al., Protecting the 

Illinois EPA’s Health, so that It Can Protect Ours 

(Nov. 2019), available at https://chicagounbound.

uchicago.edu/cgi/viewcontent.cgi?article=

1000&context=abrams. 

7See Ill. Office of Mgmt. & Budget, Exec. Office 

of the Governor, Ill. State Operating Budget, Fiscal 

Year 2021, available at https://www2.illinois.gov/ 

sites/budget/Documents/Budget%20Book/FY2021- 

Budget-Book/Fiscal-Year-2021-Operating-BudgetBook.pdf. This is consistent with EPA’s previous 

finding that ‘‘IEPA has made improvements to its 

permit issuance timeliness through various efforts, 

including . . . additional staffing.’’ 2017 Review at 

11. 8See 2017 Review at 21. 

quality modelers who supported IEPA 

in its issuance of PSD permits under the 

delegation agreement will continue to 

support IEPA’s issuance of PSD permits 

under a SIP-approved PSD program. In 

its submittal, IEPA stated it currently 

has nine full time construction permit 

engineers that perform construction 

permit activities, and that it has an 

adequate revenue stream from permit 

fees to support such activities. The 

commenters have not provided 

information that would rebut these 

statements from IEPA’s submittal; 

rather, commenters provide information 

that is not relevant to approval of 

Illinois’ PSD program, or that otherwise 

does not support commenters’ 

allegations of inadequate personnel or 

funding for IEPA to implement the PSD 

program. 

EPA’s evaluation of Illinois’ submittal 

with respect to funding and personnel is 

based, in part, upon various sources of 

funding available to the state, state 

statutes and rules pursuant to CAA 

section 110(a)(2), and IEPA’s fulfillment 

of grant obligations. CAA section 105 

grants provide monies to help support 

the foundation of the state’s air quality 

program, including air monitoring, 

enforcement, and SIP development. 

States are required to provide matching 

monies to receive their grant, and EPA 

evaluates the performance of the State 

each year. As of fiscal year 2020, Illinois 

has satisfactorily completed its air 

program obligations as called for under 

the CAA section 105 grant, including 

meeting specific measures related to 

NSR program implementation and 

maintenance of an EPA-approved 

statewide air quality surveillance 

network required by section 110(a)(2)(B) 

of the CAA. 

To the extent the commenters address 

the adequacy of personnel or funding 

for Illinois’ title V program, they are 

addressing issues that are subject to 

statutory and regulatory evaluation that 

are beyond the scope of this rulemaking. 

CAA section 110(a)(2) falls under title I 

of the CAA and governs the 

implementation, maintenance, and 

enforcement of the NAAQS through the 

SIP. CAA section 110 and 40 CFR part 

51 provide mechanisms for 

programmatic remedies with respect to 

the SIP. Title I also addresses NSR 

preconstruction permits for new or 

modified minor and major sources. The 

title V program, by contrast, governs 

operating permits for existing sources 

and is addressed by CAA sections 502 

through 507. Any evaluation of the title 

V program and any consequent 

programmatic remedies must be done 

pursuant to CAA section 502 and 40 

CFR part 70. 

Title V programs are generally not 

part of the SIP, and thus are not part of 

the requirements of CAA section 

110(a)(2); moreover, CAA section 

502(b)(3) requires not only that title V 

program fees cover the reasonable direct 

and indirect costs of developing and 

administering the title V program, but 

also requires that the fees be used only 

to cover those costs. See 76 FR 43906, 

43910 (July 22, 2011) and 79 FR 62042, 

62045 (Oct. 16, 2014). Due to the 

distinct and self-administering nature of 

the title V program, we disagree that 

alleged flaws in Illinois’ title V program 

would prevent EPA from approving a 

SIP submittal under CAA section 

110(a)(2).5

Commenters rely on a 2019 study of 

funding and staffing issues at the IEPA, 

including in the Bureau of Air, to 

suggest that the decline in IEPA staff 

since 1980 would compromise 

implementation of an approved Illinois 

PSD program.6 We noted earlier in this 

section the specific staff allocation that 

IEPA made in its submittal for 

implementing the PSD program. In 

addition, since the 2019 study was 

published, staff in IEPA’s Bureau of Air 

has increased from 157 to an estimated 

167 (with 190 targeted for FY 2021), and 

the enacted appropriation for the 

Bureau of Air has increased from 

$88,964,000 in FY 2019 to $140,825,800 

in FY 2020 (with $156,808,200 

proposed for FY 2021).7

If, in the future, EPA determines that 

Illinois does not have adequate 

personnel or funding to carry out its 

SIP, or for any other reason fails to meet 

any requirement of its approved SIP, 

then EPA may exercise its authority 

pursuant to CAA sections 110(a)(2)(E), 

179, or 110(k)(5) to impose sanctions 

and other remedies on the State as 

allowed by the CAA. The action that 

EPA is taking here does not limit EPA’s 

authority pursuant to those CAA 

sections. See also 77 FR 58955, 58957– 

8 (Sept. 25, 2012). 

With respect to the concerns 

regarding the IPCB, the commenters 

have provided no information for EPA 

to conclude that personnel or funding 

shortfalls have contributed to delays in 

IPCB permit appeal proceedings. There 

are many factors that could have 

resulted in lengthy permit appeal 

proceedings (including filing of motions 

for delays by the appellant or 

responding party). One such factor, 

discussed in EPA’s 2017 Review, was 

that the IPCB formerly would stay title 

V permits in their entirety during an 

appeals process.8 In 2010, Illinois 

enacted legislation allowing the IPCB to 

stay the effectiveness of any or all 

uncontested conditions of a title V 

permit if the IPCB determines that the 

uncontested conditions would be 

affected by its review of contested 

conditions. See 415 ILCS 5/40.2(f). As a 

result of this legislation, as well as 

IEPA’s efforts to resolve appeals and 

issue affected permits, the number of 

unresolved appeals has decreased 

significantly since 2005. 

Finally, EPA is committed to 

advancing EJ and incorporating equity 

considerations into all aspects of our 

work, including ongoing development 

of practices to better assess and consider 

impacts to pollution-burdened 

communities in our analysis, 

permitting, and enforcement activities. 

At this time EPA does not have, nor did 

commenters provide, information that 

would suggest that approval of Illinois’ 

PSD program has the potential to result 

in disproportionately high and adverse 

human health or environmental impacts 

on vulnerable populations or 

overburdened communities; however, 

EPA is also not currently in a position 

to make a determination to this effect. 

As we work to define EJ best practices 

at EPA, we will continue to work with 

IEPA and other stakeholders to ensure 

that robust analyses are conducted to 

assess the full EJ implications of siting 

individual facilities in communities 

already overburdened by pollution. 

Comment: The commenters object to 

IEPA removing the requirement that 

limits on the potential to emit (PTE) 

taken to avoid major NSR must be 

‘‘federally enforceable’’; IEPA would 

instead require such limits to be 

‘‘federally enforceable or legally and 

practicably enforceable by a state or 

local air pollution control agency.’’ 35 


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9See, e.g., Release of Interim Policy on Federal 

Enforceability of Limitations on Potential to Emit at 

3–4 (Jan. 22, 1996), available at https://

www.epa.gov/sites/default/files/2015-07/ 

documents/pottoemi.pdf. 

10See Memorandum entitled, ‘‘Guidance on 

Limiting Potential to Emit in New Source 

Permitting,’’ from Terrell F. Hunt, Associate 

Enforcement Counsel, Office of Enforcement and 

Compliance Assurance (OECA), and John Seitz, 

Director, Office of Air Quality Planning and 

Standards (OAQPS), to EPA Regional Offices (Jun. 

13, 1989), and Memorandum entitled, ‘‘Options for 

Limiting the Potential to Emit (PTE) of a Stationary 

Source Under Section 112 and Title V of the Clean 

Air Act (Act),’’ from John Seitz, Director, OAQPS 

and Robert I. Van Heuvelen, Director, ORE to 

Regional Air Directors (Jan. 25, 1995). 

11See also Federal Enforceability of State’s 

Existing Minor New Source Review (NSR) Programs 

(Nov. 2, 1994), available at https://www.epa.gov/ 

nsr/federal-enforceability-states-existing-minornew-source-review-nsr-programs. 

Ill. Adm. Code 204.560 (definition of 

‘‘potential to emit’’). The commenters 

assert that, if accepted into the SIP, this 

would allow IEPA to issue minor NSR 

permits without public notice and an 

opportunity for public comment 

because a source could be minor solely 

on the basis of State-enforceable 

restrictions on PTE. Specifically, the 

commenters assert that the Illinois rules 

governing the categories of permits 

subject to public comment before 

issuance (35 Ill. Adm. Code 252.104 and 

252.201) include sources that would be 

major sources except for their federally 

enforceable restrictions, but do not 

include sources that would be major 

except for state or locally enforceable 

restrictions. This, the commenters 

allege, means that IEPA could issue 

permits establishing PTE limits without 

public notice and an opportunity for 

comment. The commenters allege that 

eliminating the requirement for an 

opportunity for public comment on 

draft PTE limits would violate EPA’s 

minor NSR regulations at 40 CFR 

51.161. 

EPA Response: We disagree with the 

commenters. First, as discussed in the 

proposed rule, IEPA’s proposed revision 

of the PTE definition at 35 Ill. Adm. 

Code 204.560 is consistent with past 

court decisions and related EPA 

guidance that establish that the term 

‘‘potential to emit’’ must encompass all 

legally enforceable emission limitations 

that restrict a source’s emissions. In 

Chemical Manufacturers Association v. 

EPA, 70 F. 3d 637 (D.C. Cir. 1995) and 

National Mining Association v. EPA, 59 

F.3d 1351, 1362–63 (D.C. Cir. 1995), the 

term ‘‘federally enforceable’’ was 

vacated in the definition of PTE (e.g., 40 

CFR 51.166(b)(4)), and in subsequent 

memoranda, EPA stated it interpreted 

the term ‘‘federally enforceable’’ to 

mean ‘‘federally enforceable or legally 

and practicably enforceable by a state or 

local air pollution control agency’’ 

(emphasis added).9 The memoranda 

reiterate EPA’s earlier guidance on 

permit conditions restricting potential 

to emit that are enforceable as a 

practical matter. For example, 

practicable enforceability for a sourcespecific permit means that the permit’s 

provisions must, at a minimum: (1) Be 

technically accurate and identify which 

portions of the source are subject to the 

limitation; (2) specify the time period 

for the limitation (hourly, daily, 

monthly, and annual limits such as 

rolling annual limits); (3) be 

independently enforceable and describe 

the method to determine compliance, 

including appropriate monitoring, 

recordkeeping, and reporting; (4) be 

permanent; and (5) include a legal 

obligation to comply with the limit.10

IEPA’s PTE definition is consistent with 

the relevant court decisions and EPA’s 

interpretation of those decisions, 

requiring the limits to be ‘‘federally 

enforceable or legally and practicably 

enforceable by a state or local air 

pollution control agency.’’ It is therefore 

appropriate for Illinois to use that 

phrase in place of ‘‘federally 

enforceable’’ alone. 

Second, although Illinois’ notice and 

comment procedures for synthetic 

minor NSR sources are beyond the 

scope of this action, IEPA cannot avoid 

notice and comment on a synthetic 

minor NSR permit for a source that has 

taken State-enforceable restrictions on 

PTE. Under CAA section 110(a)(2)(C), 

State minor NSR programs approved 

under the SIP, and the permits issued 

thereunder, are always federally 

enforceable. See also 40 CFR 52.23 and 

CAA section 113(b)(1).11 Under 35 Ill. 

Adm. Code 252.104 and 252.201, in 

addition to providing public notice for 

major NSR and title V permit actions, 

IEPA must provide public notice for the 

planned issuance of the following minor 

NSR permits: Permits for the 

construction of a source or a 

modification of a source that would 

constitute a new major stationary source 

or a major modification of a major 

stationary source, if the source or 

modification were not accompanied by 

contemporaneous emissions decreases 

or if federally enforceable significant 

restrictions were not placed on the 

source or modification by the permit; 

permits to operate sources that contain 

federally enforceable conditions, 

including permits that exclude sources 

from the applicability of the permitting 

requirements described in 35 Ill. Adm. 

Code 252.104(a)(1), (a)(2) or (a)(5); and 

permits for the construction of a source 

of public interest or emission units of 

public interest at a source, the criteria 

for which are outlined in 35 Ill. Adm. 

Code 252.104(b). Thus, as relevant to 

synthetic minor NSR permits, IEPA’s 

regulations do not provide any 

exemption from public notice and 

comment for permits for new sources or 

modifications that would be major 

sources or major modifications but 

accept enforceable restrictions on PTE 

such that the new source or 

modification becomes a minor source. 

Consistent with CAA section 

110(a)(2)(C), the PTE definition in 40 

CFR 51.166(b)(4) and IEPA’s public 

participation requirements at 35 Ill. 

Adm. Code 252.104(a)(3), (a)(6) and 

252.201(a), permits for such sources or 

modifications must be public noticed 

regardless of the new level of allowable 

emissions (after taking into account the 

federally enforceable restrictions on 

emissions or any contemporaneous 

emissions decreases). For these reasons, 

IEPA cannot avoid notice and comment 

on synthetic minor NSR permits for 

sources accepting only State-enforceable 

restrictions on PTE. 

Although not a condition of this 

approval, EPA expects IEPA to 

implement the PTE definition in a 

manner that is consistent with the 

courts’ decisions, IEPA’s PTE definition 

in 35 Ill. Adm. Code 204.560 and the 

public participation requirements in 35 

Ill. Adm. Code 252.104 and 252.201, 

and EPA rules as discussed above. 

IEPA’s enforcement program must 

continue to provide sufficient incentive 

for sources to comply with permit 

limits. Permit limits must be enforceable 

as a practical matter (i.e., practicably 

enforceable), and PTE limits must be 

subjected to appropriate public notice 

and comment consistent with 40 CFR 

51.161 and IEPA’s SIP-approved public 

participation regulations. If, in the 

future, IEPA does not implement its PTE 

definition consistent with its SIPapproved regulations or the CAA and its 

implementing regulations (including, 

but not limited to, not public noticing 

PTE limits or establishing limits that are 

not practicably enforceable), EPA could 

find that IEPA has failed to adequately 

administer or enforce its PSD program 

and may take action to notify IEPA of 

such a finding as authorized by sections 

110(a)(2)(E), 179, or 110(k)(5) of the 

CAA. 

Further, in response to a recent report 

by the OIG regarding EPA’s oversight of 

synthetic minor permits, EPA has 

committed to identifying state, local, 

and tribal agencies whose program 

regulations, including but not limited 

to, minor NSR and federally enforceable 

state operating permit program 


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12See https://www.epa.gov/system/files/ 

documents/2021-07/_epaoig_20210708-21-p0175.pdf. 

13EPA issued at least 18 such permits; however, 

some of the affected facilities may no longer exist. 

The full listing of these facilities is available in the 

docket for this action. 

regulations and corresponding practices, 

do not meet the public participation 

requirements contained in the 

applicable EPA regulations, e.g., 40 CFR 

51.161.12 For the identified agencies, 

EPA expects to take appropriate 

corrective steps, which may include 

constructive, informal, and formal 

engagement with those agencies. 

IV. What action is EPA taking? 

A. Scope of EPA Action 

EPA is approving revisions to the 

Illinois SIP that IEPA submitted on 

September 22, 2020 and amended on 

November 5, 2020, and March 3, 2021. 

These revisions implement the PSD 

preconstruction permitting regulations 

for certain new or modified sources in 

attainment and unclassifiable areas. 

Currently, the PSD program in Illinois is 

operated under the FIP incorporating 40 

CFR 52.21. EPA is approving IEPA’s 

PSD regulations contained in 35 Ill. 

Adm. Code Parts 204 and 252 to apply 

statewide, except in Indian reservations. 

EPA is excluding from the scope of 

this final approval all Indian 

reservations in the State, and any other 

area where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. For the facilities in these 

geographic areas, the PSD FIP 

incorporating 40 CFR 52.21 will 

continue to apply and EPA will retain 

responsibility for issuing permits 

affecting such sources. 

B. Rules Approved and Incorporated by 

Reference Into the SIP 

EPA approves into the Illinois SIP at 

40 CFR 52.720, the following 

regulations: 35 Ill. Adm. Code 203.207 

‘‘Major Modification of a Source’’ and 

35 Ill. Adm. Code Part 204 ‘‘Prevention 

of Significant Deterioration,’’ effective 

September 4, 2020; and 35 Ill. Adm. 

Code Part 252 ‘‘Public Participation in 

the Air Pollution Control Program’’, 

except 35 Ill. Adm. Code sections 

252.301 and 252.401, effective June 10, 

2020. 

C. Transfer of Authority for Existing 

EPA-Issued PSD Permits 

Since April 7, 1980, IEPA has had full 

delegation to implement the PSD 

permitting program under the FIP. 46 

FR 9580 (Jan. 29, 1981). Thus, PSD 

permits issued by IEPA on or after April 

7, 1980, were issued under both state 

and EPA authority. Prior to delegation 

of the PSD permitting program to IEPA 

on April 7, 1980, EPA issued several 

PSD permits for sources in Illinois.13 In 

an April 14, 1982 amendment to the 

terms of the 1980 delegation agreement, 

EPA delegated to IEPA the authority to 

amend or to revise any permits that had 

been previously issued by EPA. 

In this action, EPA is granting IEPA 

authority to fully administer the PSD 

program with respect to those sources 

under IEPA’s permitting jurisdiction 

that have existing PSD permits issued 

solely by EPA on or before April 7, 

1980. This includes authority to 

conduct general administration of these 

existing permits, authority to process 

and issue any subsequent PSD permit 

actions relating to such permits (e.g., 

modifications, amendments, or 

revisions of any nature), and authority 

to enforce such permits. IEPA has 

demonstrated adequate authority to 

enforce and modify these permits. 

V. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Illinois Regulations 

described in the amendments to 40 CFR 

part 52 set forth below. EPA has made, 

and will continue to make, these 

documents generally available through 

www.regulations.gov, and at the EPA 

Region 5 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 


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the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 8, 2021. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements (see CAA 

section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 30, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. In § 52.720, the table in paragraph 

(c) is amended by: 

■ a. Revising the entry ‘‘203.207’’ under 

the heading ‘‘Subpart B: Major 

Stationary Sources in Nonattainment 

Areas’’. 

■ b. Adding, in alphanumeric order 

after the entry ‘‘203.801’’: 

■ i. The headings ‘‘Part 204: Prevention 

of Significant Deterioration’’ and 

‘‘Subpart A: General Provisions’’ and 

the entries ‘‘204.100’’, ‘‘204.110’’, and 

‘‘204.120’’; 

■ ii. The heading ‘‘Subpart B: 

Definitions’’ and the entries ‘‘204.200’’, 

‘‘204.210’’, ‘‘204.220’’, ‘‘204.230’’, 

‘‘204.240’’, ‘‘204.250’’, ‘‘204.260’’, 

‘‘204.270’’, ‘‘204.280’’, ‘‘204.290’’, 

‘‘204.300’’, ‘‘204.310’’, ‘‘204.320’’, 

‘‘204.330’’, ‘‘204.340’’, ‘‘204.350’’, 

‘‘204.360’’, ‘‘204.370’’, ‘‘204.380’’, 

‘‘204.390’’, ‘‘204.400’’, ‘‘204.410’’, 

‘‘204.420’’, ‘‘204.430’’, ‘‘204.440’’, 

‘‘204.450’’, ‘‘204.460’’, ‘‘204.470’’, 

‘‘204.480’’, ‘‘204.490’’, ‘‘204.500’’, 

‘‘204.510’’, ‘‘204.520’’, ‘‘204.530’’, 

‘‘204.540’’, ‘‘204.550’’, ‘‘204.560’’, 

‘‘204.570’’, ‘‘204.580’’, ‘‘204.590’’, 

‘‘204.600’’, ‘‘204.610’’, ‘‘204.620’’, 

‘‘204.630’’, ‘‘204.640’’, ‘‘204.650’’, 

‘‘204.660’’, ‘‘204.670’’, ‘‘204.680’’, 

‘‘204.690’’, ‘‘204.700’’, and ‘‘204.710’’; 

■ iii. The heading ‘‘Subpart C: Major 

Stationary Sources in Attainment and 

Unclassifiable Areas’’ and the entries 

‘‘204.800’’, ‘‘204.810’’, ‘‘204.820’’, 

‘‘204.830’’, ‘‘204.840’’, ‘‘204.850’’, and 

‘‘204.860’’; 

■ iv. The heading ‘‘Subpart D: 

Increment’’ and the entries ‘‘204.900’’, 

‘‘204.910’’, ‘‘204.920’’, and ‘‘204.930’’; 

■ v. The heading ‘‘Subpart E: Stack 

Heights’’ and the entry ‘‘204.1000’’; 

■ vi. The heading ‘‘Subpart F: 

Requirements for Major Stationary 

Sources and Major Modifications in 

Attainment and Unclassifiable Areas’’ 

and the entries ‘‘204.1100’’, ‘‘204.1110’’, 

‘‘204.1120’’, ‘‘204.1130’’, and 

‘‘204.1140’’; 

■ vii. The heading ‘‘Subpart G: 

Additional Requirements for Class I 

Areas’’ and the entry ‘‘204.1200’’; 

■ viii. The heading ‘‘Subpart H: General 

Obligations of the Illinois 

Environmental Protection Agency’’ and 

the entries ‘‘204.1300’’, ‘‘204.1310’’, 

‘‘204.1320’’, ‘‘204.1330’’, and 

‘‘204.1340’’; 

■ ix. The heading ‘‘Subpart I: 

Nonapplicability Recordkeeping and 

Reporting’’ and the entry ‘‘204.1400’’; 

■ x. The heading ‘‘Subpart J: Innovative 

Control Technology’’ and the entry 

‘‘204.1500’’; and 

■ xi. The heading ‘‘Subpart K: 

Plantwide Applicability Limitation’’ 

and the entries ‘‘204.1600’’, ‘‘204.1610’’, 

‘‘204.1620’’, ‘‘204.1630’’, ‘‘204.1640’’, 

‘‘204.1650’’, ‘‘204.1660’’, ‘‘204.1670’’, 

‘‘204.1680’’, ‘‘204.1690’’, ‘‘204.1700’’, 

‘‘204.1710’’, ‘‘204.1720’’, ‘‘204.1730’’, 

‘‘204.1740’’, ‘‘204.1750’’, ‘‘204.1760’’, 

‘‘204.1770’’, ‘‘204.1780’’, ‘‘204.1790’’, 

‘‘204.1800’’, ‘‘204.1810’’, ‘‘204.1820’’, 

‘‘204.1830’’, ‘‘204.1840’’, ‘‘204.1850’’, 

‘‘204.1860’’, ‘‘204.1870’’, ‘‘204.1880’’, 

‘‘204.1890’’, ‘‘204.1900’’, and 

‘‘204.1910’’. 

■ c. Removing the heading ‘‘Part 252: 

Public Participation in the Air Pollution 

Permit Program for Major Sources in 

Nonattainment Areas’’ and adding the 

heading ‘‘Part 252: Public Participation 

in the Air Pollution Control Permit 

Program’’ in its place. 

■ d. Revising the entries ‘‘252.101’’, 

‘‘252.102’’, and ‘‘252.103’’. 

■ e. Adding entries ‘‘252.104’’, 

‘‘252.105’’, and ‘‘252.106’’ in numerical 

order. 

■ f. Revising entries ‘‘252.201’’, 

‘‘252.202’’, ‘‘252.203’’, and ‘‘252.204’’. 

■ g. Adding entries ‘‘252.205’’, 

‘‘252.206’’, ‘‘252.207’’, ‘‘252.208’’, 

‘‘252.209’’, ‘‘252.210’’, and ‘‘252.211’’ in 

numerical order. 

The additions and revisions read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES

Illinois citation Title/subject State effective 

date EPA approval date Comments 

*******

Part 203: Major Stationary Sources Construction and Modification 

*******

Subpart B: Major Stationary Sources in Nonattainment Areas 

*******

203.207 ............................. Major Modification of a 

Source.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].


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EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES—Continued 

Illinois citation Title/subject State effective 

date EPA approval date Comments 

*******

Part 204: Prevention of Significant Deterioration 

Subpart A: General Provisions 

204.100 ............................. Incorporations by Reference.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.110 ............................. Abbreviations and Acronyms.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.120 ............................. Severability ...................... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

Subpart B: Definitions 

204.200 ............................. Definitions ........................ 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.210 ............................. Actual Emissions ............. 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.220 ............................. Adverse Impact on Visibility.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.230 ............................. Allowable Emissions ........ 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.240 ............................. Baseline Actual Emissions.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.250 ............................. Baseline Area .................. 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.260 ............................. Baseline Concentration ... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.270 ............................. Begin Actual Construction 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.280 ............................. Best Available Control 

Technology (BACT).

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.290 ............................. Building, Structure, Facility, or Installation.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.300 ............................. Clean Coal Technology ... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.310 ............................. Clean Coal Technology 

Demonstration Project.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.320 ............................. Commence ...................... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.330 ............................. Complete ......................... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.340 ............................. Construction .................... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.350 ............................. Dispersion Technique ...... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.360 ............................. Electric Utility Steam 

Generating Unit.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.370 ............................. Emissions Unit ................. 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.380 ............................. Excessive Concentration 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.390 ............................. Federal Land Manager .... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.400 ............................. Federally Enforceable ..... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.410 ............................. Fugitive Emissions .......... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.420 ............................. Good Engineering Practice.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.430 ............................. Greenhouse Gases 

(GHGs).

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.440 ............................. High Terrain ..................... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.450 ............................. Indian Reservation .......... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.460 ............................. Indian Governing Body .... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.470 ............................. Innovative Control Technology.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].


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EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES—Continued 

Illinois citation Title/subject State effective 

date EPA approval date Comments 

204.480 ............................. Low Terrain ..................... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.490 ............................. Major Modification ........... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.500 ............................. Major Source Baseline 

Date.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.510 ............................. Major Stationary Source .. 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.520 ............................. Minor Source Baseline 

Date.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.530 ............................. Nearby ............................. 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.540 ............................. Necessary 

Preconstruction Approvals or Permits.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.550 ............................. Net Emissions Increase .. 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.560 ............................. Potential to Emit .............. 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.570 ............................. Prevention of Significant 

Deterioration (PSD) 

Permit.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.580 ............................. Process Unit .................... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.590 ............................. Project ............................. 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.600 ............................. Projected Actual Emissions.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.610 ............................. Regulated NSR Pollutant 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.620 ............................. Replacement Unit ............ 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.630 ............................. Repowering ..................... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.640 ............................. Reviewing Authority ......... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.650 ............................. Secondary Emissions ...... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.660 ............................. Significant ........................ 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.670 ............................. Significant Emissions Increase.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.680 ............................. Stack in Existence ........... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.690 ............................. Stationary Source ............ 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.700 ............................. Subject to Regulation ...... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.710 ............................. Temporary Clean Coal 

Technology Demonstration Project.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

Subpart C: Major Stationary Sources in Attainment and Unclassifiable Areas 

204.800 ............................. Applicability ...................... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.810 ............................. Source Information .......... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.820 ............................. Source Obligation ............ 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.830 ............................. Permit Expiration ............. 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.840 ............................. Effect of Permits .............. 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.850 ............................. Relaxation of a SourceSpecific Limitation.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.860 ............................. Exemptions ...................... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].


lotter on DSK11XQN23PROD with RULES1
50468 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations 

EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES—Continued 

Illinois citation Title/subject State effective 

date EPA approval date Comments 

Subpart D: Increment 

204.900 ............................. Ambient Air Increments ... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.910 ............................. Ambient Air Ceilings ........ 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.920 ............................. Restrictions on Area Classifications.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.930 ............................. Redesignation .................. 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

Subpart E: Stack Heights 

204.1000 ........................... Stack Heights .................. 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

Subpart F: Requirements for Major Stationary Sources and Major Modifications in Attainment and Unclassifiable Areas 

204.1100 ........................... Control Technology Review.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1110 ........................... Source Impact Analysis ... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1120 ........................... Air Quality Models ........... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1130 ........................... Air Quality Analysis ......... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1140 ........................... Additional Impact Analyses.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

Subpart G: Additional Requirements for Class I Areas 

204.1200 ........................... Additional Requirements 

for Sources Impacting 

Federal Class I Areas.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

Subpart H: General Obligations of the Illinois Environmental Protection Agency 

204.1300 ........................... Notification of Application 

Completeness to Applicants.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1310 ........................... Transmittal of Application 

to USEPA.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1320 ........................... Public Participation .......... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1330 ........................... Issuance Within One Year 

of Submittal of Complete Application.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1340 ........................... Permit Rescission ............ 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

Subpart I: Nonapplicability Recordkeeping and Reporting 

204.1400 ........................... Recordkeeping and Reporting Requirements 

for Certain Projects at 

Major Stationary 

Sources.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

Subpart J: Innovative Control Technology 

204.1500 ........................... Innovative Control Technology.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

Subpart K: Plantwide Applicability Limitation 

204.1600 ........................... Applicability ...................... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1610 ........................... Definitions ........................ 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1620 ........................... Actuals PAL ..................... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations 50469 

EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES—Continued 

Illinois citation Title/subject State effective 

date EPA approval date Comments 

204.1630 ........................... Allowable Emissions ........ 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1640 ........................... Continuous Emissions 

Monitoring System 

(CEMS).

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1650 ........................... Continuous Emissions 

Rate Monitoring System 

(CERMS).

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1660 ........................... Continuous Parameter 

Monitoring System 

(CPMS).

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1670 ........................... Lowest Achievable Emission Rate (LAER).9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1680 ........................... Major Emissions Unit ...... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1690 ........................... Plantwide Applicability 

Limitation (PAL).

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1700 ........................... PAL Effective Date .......... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1710 ........................... PAL Effective Period ....... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1720 ........................... PAL Major Modification ... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1730 ........................... PAL Permit ...................... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1740 ........................... PAL Pollutant ................... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1750 ........................... Predictive Emissions 

Monitoring System 

(PEMS).

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1760 ........................... Reasonably Achievable 

Control Technology 

(RACT).

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1770 ........................... Significant Emissions Unit 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1780 ........................... Small Emissions Unit ...... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1790 ........................... Permit Application Requirements.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1800 ........................... General Requirements for 

Establishing PAL.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1810 ........................... Public Participation Requirements.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1820 ........................... Setting the 10-Year 

Actuals PAL Level.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1830 ........................... Contents of the PAL Permit.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1840 ........................... Effective Period and Reopening a PAL Permit.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1850 ........................... Expiration of a PAL ......... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1860 ........................... Renewal of a PAL ........... 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1870 ........................... Increasing the PAL During the PAL Effective 

Period.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1880 ........................... Monitoring Requirements 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1890 ........................... Recordkeeping Requirements.9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1900 ........................... Reporting and Notification 

Requirements.

9/4/2020 September 9, 2021, [Insert Federal 

Register citation].

204.1910 ........................... Transition Requirements 9/4/2020 September 9, 2021, [Insert Federal 

Register citation].


lotter on DSK11XQN23PROD with RULES1
50470 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations 

EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES—Continued 

Illinois citation Title/subject State effective 

date EPA approval date Comments 

*******

Part 252: Public Participation in the Air Pollution Control Permit Program 

Subpart A: Introduction 

252.101 ............................. Purpose ........................... 6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.102 ............................. Abbreviations and Acronyms.6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.103 ............................. Definitions ........................ 6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.104 ............................. Applicability ...................... 6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.105 ............................. Application for a PSD 

Permit.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.106 ............................. Consolidation ................... 6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

Subpart B: Procedures for Public Review 

252.201 ............................. Notice and Opportunity to 

Comment.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.202 ............................. Draft Permit ..................... 6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.203 ............................. Project Summary, Statement of Basis, or Fact 

Sheet.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.204 ............................. Availability of Documents 6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.205 ............................. Opportunity for Public 

Hearing.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.206 ............................. Procedures for Public 

Hearings.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.207 ............................. Obligation to Raise Issues 

and Provide Information 

During the Public Comment Period for PSD 

Permits.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.208 ............................. Reopening of the Public 

Comment Period for 

PSD Permits.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.209 ............................. Issuance of a Final PSD 

Permit Decision.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.210 ............................. Response to Comments 

for a Final PSD Permit 

Decision.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.211 ............................. Administrative Record for 

a Final PSD Permit Decision.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

* * * * * * * 

* * * * * 

■ 3. In § 52.738, revise paragraphs (a) 

and (b) to read as follows: 

§ 52.738 Significant deterioration of air 

quality. 

(a) The requirements of sections 160 

through 165 of the Clean Air Act are 

met, except for sources seeking permits 

to locate in Indian reservations within 

the State of Illinois, and any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. 

(b) The provisions of § 52.21 except 

paragraph (a)(1) are hereby incorporated 

and made a part of the applicable State 

plan for the State of Illinois for sources 

seeking permits to locate in Indian 

reservations or in any other area where 

the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. 

* * * * * 

[FR Doc. 2021–19234 Filed 9–8–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 281 and 282 

[EPA–R04–UST–2020–0614; FRL–8817–01– 

R4] 

Tennessee: Final Approval of State 

Petroleum Underground Storage Tank 

Program Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 


lotter on DSK11XQN23PROD with RULES1