50456 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations 

1Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir. 

2021). 

2Sierra Club, 985 F.3d at 1060–61. 

3The text of each letter is available in the docket 

to this action. 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T05–0710 to read as 

follows: 

§ 165.T05–0710 Safety Zone; Anacostia 

River, Washington, DC 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Anacostia River within 600 feet of the 

fireworks barge in approximate position 

latitude 38°52′14.29′′ N, longitude 

077°00′12.00′′ W, located near Nationals 

Park, in Washington, DC. These 

coordinates are based on datum NAD 

83. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Captain of the Port MarylandNational Capital Region to assist in 

enforcing the safety zone described in 

paragraph (a) of this section. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by telephone at 410–576– 

2693 or on Marine Band Radio VHF–FM 

channel 16 (156.8 MHz). The Coast 

Guard vessels enforcing this section can 

be contacted on Marine Band Radio 

VHF–FM channel 16 (156.8 MHz). 

Those in the safety zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Enforcement officials. The U.S. 

Coast Guard may be assisted in the 

patrol and enforcement of the safety 

zone by Federal, State, and local 

agencies. 

(e) Enforcement period. This section 

will be enforced from 8 p.m. to 11 p.m. 

on September 4, 2021, and from 8 p.m. 

to 11 p.m. on September 17, 2021. 

Dated: September 2, 2021. 

David E. O’Connell, 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland-National Capital Region. 

[FR Doc. 2021–19426 Filed 9–8–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2020–0166; FRL–8893–02– 

R6] 

Air Plan Approval; Texas; Clean Air 

Act Requirements for Nonattainment 

New Source Review and Emission 

Statements for the 2015 Ozone 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is approving the portions of a State 

Implementation Plan (SIP) revision 

submitted by the State of Texas that 

describes how CAA requirements for 

Nonattainment New Source Review 

(NNSR) and emission statements are 

met in the Dallas-Fort Worth (DFW), 

Houston-Galveston-Brazoria (HGB), and 

Bexar County ozone nonattainment 

areas for the 2015 Ozone National 

Ambient Air Quality Standards 

(NAAQS). 

DATES: This rule is effective on October 

12, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2020–0166. 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, e.g., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet. Publicly available docket 

materials are available electronically 

through https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Robert Todd, EPA Region 6 Office, 

Infrastructure and Ozone Section, 214– 

665–2156, todd.robert@epa.gov. The 

EPA Region 6 office is closed to the 

public to reduce the risk of transmitting 

COVID–19. Please call or email the 

contact listed above if you need 

alternative access to material indexed 

but not provided in the docket. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our February 11, 

2021 proposal (86 FR 9041). In that 

document we proposed to approve 

portions of a SIP revision submitted by 

the State of Texas on June 24, 2020, that 

describes how CAA requirements for 

NNSR and emission statements are met 

in the DFW, HGB, and Bexar County 

ozone nonattainment areas for the 2015 

ozone NAAQS. 

We received comments on our 

proposal, from several commenters. Our 

responses to the comments follow. 

II. Response to Comments 

Comment: Two commenters pointed 

out that the United States Court of 

Appeals for the District of Columbia 

Circuit (D.C. Circuit) vacated portions of 

the 2018 rule implementing the 2015 

Ozone NAAQS that allowed interprecursor trading of pollutants.1 One 

commenter stated that according to a 

Texas Commission on Environmental 

Quality (TCEQ) guidance document, 

EPA’s approval of inter-precursor trade 

(IPT) is presumed unless EPA 

disapproves the trade during the public 

comment period. The commenter also 

stated that EPA cannot rely on previous 

approvals of the State’s NNSR program 

to meet current requirements. 

Response: While the D.C. Circuit has 

rendered a judgment vacating the 

portion of EPA’s NNSR EPA regulation 

that allows inter-precursor trading to 

meet the offset requirements for ozone, 

the ozone inter-precursor trading 

component in the Texas NNSR program 

regulations is no longer operative for 

ozone and thus does not preclude 

approval of this SIP revision that 

otherwise satisfies NNSR requirements. 

The court held that the IPT provision for 

ozone in EPA’s NNSR regulation was 

contrary to the CAA because ‘‘[t]he 

plain language in the statute . . . 

requires that increased [volatile organic 

compound] VOC emissions be offset 

with reductions in VOC, and the same 

is true for ozone in most 

circumstances.’’2 Following the court’s 

decision, EPA notified TCEQ in a letter 

dated June 17, 2021, that the EPA can 

no longer approve any IPT requests for 

ozone under procedures in the Texas 

SIP rules that require that TCEQ submit 

such trades to EPA for approval. In a 

response to EPA dated June 25, 2021, 

TCEQ confirmed that its NNSR interprecursor trading provisions cannot 

function without EPA’s approval of 

trades, and the State has not approved 

any IPT requests for ozone without the 

prior approval of EPA.3 In its June 25, 


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2021, letter, TCEQ also stated that its 

regulations otherwise continue to meet 

the NNSR program requirements in 

EPA’s regulations at 40 CFR 51.1565 

without the operation of the IPT 

provisions for ozone. EPA agrees with 

that assessment, as the NNSR offset 

requirement for ozone may be satisfied 

under the Texas regulations with offsets 

for each individual ozone precursor, 

without trading NOX for VOC or viceversa. Since the IPT portion of the Texas 

regulations is no longer operative for 

ozone precursors, these provisions do 

not preclude EPA from approving the 

Texas NNSR program regulations that 

otherwise meet the SIP requirements for 

marginal nonattainment areas under the 

2015 ozone NAAQS. EPA’s approval 

finalized via this action does not 

include TCEQ’s IPT provisions for 

ozone. 

EPA does not agree with the 

commenter that EPA’s approval of an 

inter-precursor trade would be 

presumed under the Texas SIP unless 

EPA disapproved the trade during the 

comment period. EPA’s previous 

approval of certain SIP provisions 

related to IPTs included only Texas 

regulations on that subject. EPA did not 

at any time approve the state guidance 

document described by the commenter 

as part of the federally approved SIP. 

Nothing in the previously-approved 

regulations establishes a presumption of 

EPA approval of an inter-precursor trade 

if EPA does not communicate its 

disapproval during a relevant public 

notice and comment period. EPA’s 

inability to approve IPT trades for ozone 

because of the court decision is 

sufficient to render the Texas IPT 

provisions inoperative for ozone. 

As stated in our proposal, NNSR 

permitting program requirements 

specific to marginal ozone 

nonattainment areas are reflected in 

section 182(a)(2)(C), and further defined 

in 40 CFR part 51, subpart I. EPA and 

states may rely on previously approved 

SIP provisions to meet these NNSR 

requirements, so long as the State 

provides a SIP revision certifying that 

the existing SIP requirements are 

sufficient to meet the requirements of 

the new classification as is being done 

here. As stated in our proposal, a more 

stringent NNSR requirement than the 

marginal requirements under the 2015 

standard currently applies in the DFW 

and HGB areas as both areas are 

classified serious nonattainment for the 

2008 ozone standard. 

Comment: One commenter believes 

that the State and EPA did not 

adequately take climate change into 

consideration when forming air quality 

standards and the future effects of 

increased average temperatures on 

ozone concentrations. 

Response: We appreciate the 

commenter’s concern and attention to 

climate change. However, the climate 

change related issues raised by the 

commenter are beyond the scope of our 

current action which is limited to 

whether the State’s emission statement 

provisions and nonattainment new 

source review program, currently in 

their SIP, meet the requirements set out 

by the CAA and associated EPA 

regulations. This action does not set, 

revise, or form any air quality standards. 

We refer the commenter to Executive 

Order 14008 of January 27, 2021, and 

EPA’s web page on climate change. (See 

https://www.epa.gov/climate-change). 

Comment: One commenter stated that 

EPA’s 2015 Ozone NAAQS is 

significantly higher than the World 

Health Organization’s recommendation 

of 50 parts per billion. 

Response: We appreciate the 

commenter’s concerns related to ozone 

pollution. However, the level of the 

NAAQS is beyond the scope of our 

current action. EPA follows a separate 

and specific CAA process to set and 

review the NAAQS, including ozone. 

See 80 FR 65292 (Oct. 26, 2015) as well 

as CAA sections 108 and 109. That 

process is beyond the scope of our 

current action. We refer the commenter 

to the EPA’s ozone air quality standards 

web page for more information. (See 

https://www.epa.gov/ground-levelozone-pollution). 

Comment: One commenter stated that 

the City of San Antonio is not 

adequately funding its pollution control 

plan. 

Response: We appreciate the 

commenter’s concerns over funding and 

implementation of air programs. 

Although somewhat unclear, EPA is 

reading the comment in regard to the 

adequacy of funding for local, voluntary 

pollution control programs as opposed 

to the State’s ability to carry out the SIP. 

As such, this comment is beyond the 

scope of this action. 

Comment: Two commenters 

expressed concerns over consumer use 

of fragrant laundry related products. 

One commenter asked to eliminate 

dryer sheets and chemically scented 

laundry detergents because such 

products contain harmful chemicals that 

are contributing to the depletion of 

ozone. Another commenter stated that 

consumer use of fragrant laundry 

products, such as dryer sheets, other 

laundry chemicals, and personal care 

products affect air quality and suggested 

that the EPA should hold the 

manufacturers of these products 

accountable. Further, the commenter 

stated that residential use of such 

laundry products by a larger sector of 

residential dwellings is not a small 

source of VOC emissions. The 

commenter stated that these are a source 

of chemical irritants and that consumers 

should switch to more environmentally 

friendly products. Lastly, the 

commenter asked EPA to implement 

restrictions at the consumer level, if it 

had authority to do so. 

Response: We appreciate the concerns 

raised by these commenters. However, 

such concerns are beyond the scope of 

this action. This action only pertains to 

CAA NNSR and emissions statement 

requirements for facilities in the DFW, 

HGB, and Bexar County ozone 

nonattainment areas for the 2015 Ozone 

NAAQS. As stated in our proposal, the 

NNSR program applies to the 

construction of new major sources or 

major modifications of existing sources 

of NOX or VOC in an area that is 

designated nonattainment for the ozone 

NAAQS. The NNSR requirements for 

Marginal ozone nonattainment areas 

apply to facilities with the potential to 

emit 100 tons per year of NOX or VOC. 

The emissions statement requirement 

applies to the State in regard to certain 

stationary sources of NOX and/or VOC 

emissions. CAA section 182(a)(3)(B). 

States may choose to inventory 

emissions from ‘‘any class or category of 

stationary sources which emit less than 

25 tons per year of’’ VOC and/or NOX

via use of emission factors provided by 

EPA and compiled and reported for the 

National Emissions Inventory (NEI) 

every three years. Id. The last NEI was 

produced for the year 2017. Further, it 

is beyond the scope of this action to 

implement restrictions on consumer 

products. 

Comment: One commenter stated that 

Texas is emitting significantly more 

carbon dioxide (CO2) per capita than 

New York and implied this is not 

appropriate. The commenter also raised 

questions concerning the impact of our 

action on the State’s economy and 

automotive industry in particular. 

Response: We appreciate the 

commenter’s concern and attention to 

CO2 emissions and economic impact of 

regulatory actions. However, CO2

related issues, including the economic 

impact of CO2 regulation on the 

automotive industry, are beyond the 

scope of our current action explained 

above. The NNSR and emission 

statement rules requirements are 

implemented for the control of ozone 

and apply to NOX and VOCs as these 

pollutants are precursors to ozone 

formation. These Clean Air Act 

requirements do not apply to CO2

emissions. We refer the commenter to 


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50458 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations 

Executive Order 14008 of January 27, 

2021, and EPA’s web page on climate 

change. (See https://www.epa.gov/ 

climate-change). 

III. Final Action 

We are approving portions of a SIP 

revision submitted by the State of Texas 

on June 24, 2020, that describes how 

CAA requirements for NNSR, and 

emission statements are met in the 

DFW, HGB, and Bexar County ozone 

nonattainment areas for the 2015 ozone 

NAAQS. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. 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, 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, 

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 Clean 

Air Act, 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 section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 31, 2021. 

David Gray, 

Acting Regional Administrator, Region 6. 

For the reasons stated in the 

preamble, the 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. 

Subpart SS—Texas 

■ 2. In § 52.2270(e), the second table 

titled ‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Texas SIP’’ is amended 

by adding the entry ‘‘Nonattainment 

New Source Review and Emission 

Statement Requirements for the 2015 

Ozone NAAQS’’ at the end of the table 

to read as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or 

nonattainment area 

State submittal/ 

effective date EPA approval date Comments 

*******

Nonattainment New Source Review 

and Emission Statement Requirements for the 2015 Ozone NAAQS.

Dallas-Fort Worth, Houston Galveston-Brazoria, and Bexar County Ozone Nonattainment Areas.June 24, 2020 ............... September 9, 2021, 

[Insert Federal 

Register citation].

........................


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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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