[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Notices]
[Pages 20314-20315]
[FR Doc No: 2013-07825]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR13-44-000]

Jefferson Island Storage & Hub, L.L.C.; Notice of Filing

    Take notice that on March 28, 2013, Jefferson Island Storage & Hub,
L.L.C. filed to revise its Statement of Operating Conditions to among
others, update, clarify and/or add certain provisions regarding the
request for service requirements, creditworthiness requirements, hub
services, quality, title transfers, and billing and payments, as more
fully detailed in the filing.
    Any person desiring to participate in this rate filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, April 10, 2013.

    Dated: March 29, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-07825 Filed 4-3-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Proposed Rules]
[Pages 40693-40701]
[FR Doc No: 2014-16287]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0969; EPA-R05-OAR-2012-0991; EPA-R05-OAR-2013-0435;
FRL-9913-16-Region-5]

Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Infrastructure SIP Requirements for the 2008 Ozone, 2010
NO2, and 2010 SO2 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve some elements and disapprove other elements of a state
implementation plan (SIP) submission from Illinois regarding the
infrastructure requirements of section 110 of the Clean Air Act (CAA)
for the 2008 8-hour ground level ozone, 2010 nitrogen dioxide
(NO2), and 2010 sulfur dioxide (SO2) National
Ambient Air Quality Standards (NAAQS). The infrastructure requirements
are designed to ensure that the structural components of each state's
air quality management program are adequate to meet the state's
responsibilities under the CAA. Illinois already administers Federally
promulgated regulations that address the proposed disapprovals
described in today's rulemaking. Therefore, the state will not be
obligated to submit any new or additional regulations as a result of a
future final disapproval.

DATES: Comments must be received on or before August 13, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-
0991 (2010 NO2 infrastructure elements), or EPA-R05-OAR-
2013-0435 (2010 SO2 infrastructure elements) by one of the
following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
    Instructions: Direct your comments to Docket ID. EPA-R05-OAR-2011-
0969 (2008 ozone infrastructure elements), EPA-R05-OAR-2012-0991 (2010
NO2 infrastructure elements), or EPA-R05-OAR-2013-0435 (2010
SO2 infrastructure elements). EPA's policy is that all
comments received will be included in the public docket without change
and may be made available online at www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Andy Chang, Environmental
Engineer, at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. What is the background of these SIP submissions?
    A. What state SIP submissions does this rulemaking address?
    B. Why did the state make these SIP submissions?
    C. What is the scope of this rulemaking?
III. What guidance is EPA using to evaluate these SIP submissions?

IV. What is the result of EPA's review of these SIP submissions?
    A. Section 110(a)(2)(A)--Emission Limits and Other Control
Measures
    B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data
System
    C. Section 110(a)(2)(C)--Program for Enforcement of Control
Measures; PSD
    D. Section 110(a)(2)(D)--Interstate Transport
    E. Section 110(a)(2)(E)--Adequate Resources
    F. Section 110(a)(2)(F)--Stationary Source Monitoring System
    G. Section 110(a)(2)(G)--Emergency Powers
    H. Section 110(a)(2)(H)--Future SIP Revisions
    I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan
Revisions Under Part D
    J. Section 110(a)(2)(J)--Consultation With Government Officials;
Public Notifications; PSD; Visibility Protection
    K. Section 110(a)(2)(K)--Air Quality Modeling/Data
    L. Section 110(a)(2)(L)--Permitting Fees
    M. Section 110(a)(2)(M)--Consultation/Participation by Affected
Local Entities
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
    2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

II. What is the background of these SIP submissions?

A. What state SIP submissions does this rulemaking address?

    This rulemaking addresses a December 31, 2012, submission and a
June 11, 2014, clarification from the Illinois Environmental Protection
Agency (Illinois EPA) intended to address all applicable infrastructure
requirements for the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS.

B. Why did the state make these SIP submissions?

    Under sections 110(a)(1) and (2) of the CAA, states are required to
submit infrastructure SIPs to ensure that their SIPs provide for
implementation, maintenance, and enforcement of the NAAQS, including
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.
These submissions must contain any revisions needed for meeting the
applicable SIP requirements of section 110(a)(2), or certifications
that their existing SIPs for the NAAQS already meet those requirements.
    EPA highlighted this statutory requirement in an October 2, 2007,
guidance document entitled ``Guidance on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM2.5 National Ambient Air Quality Standards'' (2007 Memo).
On September 25, 2009, EPA issued an additional guidance document
pertaining to the 2006 PM2.5 \1\ NAAQS entitled
``Guidance on SIP Elements Required Under Sections 110(a)(1) and (2)
for the 2006 24-Hour Fine Particle (PM2.5) National Ambient
Air Quality Standards (NAAQS)'' (2009 Memo), followed by the October
14, 2011, ``Guidance on infrastructure SIP Elements Required Under
Sections 110(a)(1) and (2) for the 2008 Lead (Pb) National Ambient Air
Quality Standards (NAAQS)'' (2011 Memo). Most recently, EPA issued
``Guidance on Infrastructure State Implementation Plan (SIP) Elements
under Clean Air Act Sections 110(a)(1) and (2)'' on September 13, 2013
(2013 Memo). The SIP submissions referenced in this rulemaking pertain
to the applicable requirements of section 110(a)(1) and (2), and
address the 2008 ozone, 2010 NO2, and 2010 SO2
NAAQS. To the extent that the prevention of significant deterioration
(PSD) program is comprehensive and non-NAAQS specific, a narrow
evaluation of other NAAQS, such as the 1997 8-hour ozone and 2006
PM2.5 NAAQS will be included in the appropriate sections.
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    \1\ PM2.5 refers to particulate matter of 2.5 microns
or less in diameter, oftentimes referred to as ``fine'' particles.
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C. What is the scope of this rulemaking?

    EPA is acting upon the SIP submission from Illinois that address
the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2)
for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.
The requirement for states to make a SIP submission of this type arises
out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states
must make SIP submissions ``within 3 years (or such shorter period as
the Administrator may prescribe) after the promulgation of a national
primary ambient air quality standard (or any revision thereof),'' and
these SIP submissions are to provide for the ``implementation,
maintenance, and enforcement'' of such NAAQS. The statute directly
imposes on states the duty to make these SIP submissions, and the
requirement to make the submissions is not conditioned upon EPA's
taking any action other than promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of specific elements that ``[e]ach
such plan'' submission must address.
    EPA has historically referred to these SIP submissions made for the
purpose of satisfying the requirements of CAA sections 110(a)(1) and
110(a)(2) as ``infrastructure SIP'' submissions. Although the term
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to
distinguish this particular type of SIP submission from submissions
that are intended to satisfy other SIP requirements under the CAA, such
as ``nonattainment SIP'' or ``attainment plan SIP'' submissions to
address the nonattainment planning requirements of part D of title I of
the CAA, ``regional haze SIP'' submissions required by EPA rule to
address the visibility protection requirements of CAA section 169A, and
nonattainment new source review (NNSR) permit program submissions to
address the permit requirements of CAA, title I, part D.
    This rulemaking will not cover three substantive areas that are not
integral to acting on a state's infrastructure SIP submission: (i)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction at sources, that may be contrary to
the CAA and EPA's policies addressing such excess emissions (``SSM'');
(ii) existing provisions related to ``director's variance'' or
``director's discretion'' that purport to permit revisions to SIP
approved emissions limits with limited public process or without
requiring further approval by EPA, that may be contrary to the CAA
(``director's discretion''); and, (iii) existing provisions for PSD
programs that may be inconsistent with current requirements of EPA's
``Final NSR Improvement Rule,'' 67 FR 80186 (December 31, 2002), as
amended by 72 FR 32526 (June 13, 2007) (``NSR

Reform''). Instead, EPA has the authority to address each one of these
substantive areas in separate rulemakings. A detailed history,
interpretation, and rationale as they relate to infrastructure SIP
requirements can be found in EPA's May 13, 2014, proposed rule
entitled, ``Infrastructure SIP Requirements for the 2008 Lead NAAQS''
in the section, ``What is the scope of this rulemaking?'' (see 79 FR
27241 at 27242-27245).

III. What guidance is EPA using to evaluate these SIP submissions?

    EPA's guidance for these infrastructure SIP submissions is embodied
in the 2007 Memo. Specifically, attachment A of this memorandum
(Required Section 110 SIP Elements) identifies the statutory elements
that states need to submit in order to satisfy the requirements for an
infrastructure SIP submission. The 2009 Memo was issued to provide
additional guidance for certain elements to meet the requirements of
section 110(a)(1) and (2) of the CAA, and the 2011 Memo echoes
previously issued guidance while also providing specific guidance with
respect to the 2008 lead NAAQS. Lastly, the 2013 Memo identifies and
further clarifies aspects of infrastructure SIPs that are not NAAQS
specific.

IV. What is the result of EPA's review of these SIP submissions?

    As noted in the 2011 Memo and reiterated in the 2013 Memo, pursuant
to section 110(a), states must provide reasonable notice and
opportunity for public hearing for all infrastructure SIP submissions.
The public comment period for Illinois EPA's infrastructure SIP
submission ended on December 26, 2012; during this period, the state
did not receive any written comments, nor was there a request for a
public hearing. EPA is also soliciting comment on our evaluation of the
state's infrastructure SIP submission in this notice of proposed
rulemaking. Illinois provided a detailed synopsis of how various
components of its SIP meet each of the applicable requirements in
section 110(a)(2) for the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS, as applicable. The following review evaluates the
state's submissions.

A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures

    This section requires SIPs to include enforceable emission limits
and other control measures, means or techniques, schedules for
compliance, and other related matters. However, EPA has long
interpreted emission limits and control measures for attaining the
standards as being due when nonattainment planning requirements are
due.\2\ In the context of an infrastructure SIP, EPA is not evaluating
the existing SIP provisions for this purpose. Instead, EPA is only
evaluating whether the state's SIP has basic structural provisions for
the implementation of the NAAQS.
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    \2\ See, e.g., EPA's 73 FR 66964 at 67034, final rule on
``National Ambient Air Quality Standards for Lead.''
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    The Illinois Environmental Protection Act is contained in chapter
415, section 5, of the Illinois Compiled Statutes (415 ILCS 5). 415
ILCS 5/4 provides Illinois EPA with the authority to develop rules and
regulations necessary to meet ambient air quality standards.
Additionally, the Illinois Pollution Control Board (IPCB) was created
under 415 ILCS 5, providing the IPCB with the authority to develop
rules and regulations necessary to promote the purposes of the Illinois
Environmental Protection Act. Furthermore, the IPCB ensures compliance
with required laws and other elements of the state's attainment plan
that are necessary to attain the NAAQS, and to comply with the
requirements of the CAA (415 ILCS 5/10). EPA proposes that Illinois has
met the infrastructure SIP requirements of section 110(a)(2)(A) with
respect to the 2008 ozone, 2010 NO2, and 2010 SO2
NAAQS.
    As previously noted, EPA is not proposing to approve or disapprove
any existing state provisions or rules related to SSM or director's
discretion in the context of section 110(a)(2)(A).

B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System

    This section requires SIPs to include provisions to provide for
establishing and operating ambient air quality monitors, collecting and
analyzing ambient air quality data, and making these data available to
EPA upon request. This review of the annual monitoring plan includes
EPA's determination that the state: (i) Monitors air quality at
appropriate locations throughout the state using EPA-approved Federal
Reference Methods or Federal Equivalent Method monitors; (ii) submits
data to EPA's Air Quality System (AQS) in a timely manner; and, (iii)
provides EPA Regional Offices with prior notification of any planned
changes to monitoring sites or the network plan.
    Illinois EPA continues to operate an extensive monitoring network
incorporating more than 200 monitors throughout the state. Illinois EPA
also publishes an annual report that summarizes air quality trends.
Furthermore, Illinois EPA submits yearly monitoring network plans to
EPA, and EPA approved the 2014 Annual Air Monitoring Network Plan for
ozone, NO2, and SO2 on August 21, 2013.
Monitoring data from Illinois EPA are entered into AQS in a timely
manner, and the state provides EPA with prior notification when changes
to its monitoring network or plan are being considered. EPA proposes
that Illinois has met the infrastructure SIP requirements of section
110(a)(2)(B) with respect to the 2008 ozone, 2010 NO2, and
2010 SO2 NAAQS.

C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures;
PSD

    States are required to include a program providing for enforcement
of all SIP measures and the regulation of construction of new or
modified stationary sources to meet NSR requirements under PSD and NNSR
programs. Part C of the CAA (sections 160-169B) addresses PSD, while
part D of the CAA (sections 171-193) addresses NNSR requirements.
    The evaluation of Illinois EPA's submission addressing the
infrastructure SIP requirements of section 110(a)(2)(C) covers: (i)
Enforcement of SIP measures; (ii) Identification of oxides of nitrogen
(NOX) as a precursor to ozone provisions in the PSD program;
(iii) identification of precursors to PM2.5 and the
identification of PM2.5 and PM10 \3\ condensables
in the PSD program; (iv) PM2.5 increments in the PSD
program; and, (v) greenhouse gas (GHG) permitting and the ``Tailoring
Rule.'' \4\
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    \3\ PM10 refers to particles with diameters between
2.5 and 10 microns, oftentimes referred to as ``coarse'' particles.
    \4\ In EPA's April 28, 2011, proposed rulemaking for
infrastructure SIPS for the 1997 ozone and PM2.5 NAAQS,
we stated that each state's PSD program must meet applicable
requirements for evaluation of all regulated NSR pollutants in PSD
permits (see 76 FR 23757 at 23760). This view was reiterated in
EPA's August 2, 2012, proposed rulemaking for infrastructure SIPs
for the 2006 PM2.5 NAAQS (see 77 FR 45992 at 45998). In
other words, if a state lacks provisions needed to adequately
address NOX as a precursor to ozone, PM2.5
precursors, PM2.5 and PM10 condensables,
PM2.5 increments, or the Federal GHG permitting
thresholds, the provisions of section 110(a)(2)(C) requiring a
suitable PSD permitting program must be considered not to be met
irrespective of the NAAQS that triggered the requirement to submit
an infrastructure SIP.
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Sub-Element 1: Enforcement of SIP Measures
    Illinois continues to staff and implement an enforcement program
comprised of and operated by the Compliance Section and Division of
Legal Counsel. 415 ILCS 5/4 provides the Director of Illinois EPA with
the

authority to implement and administer this enforcement program.
Furthermore, Illinois EPA has confirmed that all enforcement actions
are brought by the Office of the Illinois Attorney General or local
State's Attorney offices, with whom Illinois EPA consults. EPA proposes
that Illinois has met the enforcement of SIP measures requirements of
section 110(a)(2)(C) with respect to the 2008 ozone, 2010
NO2, and 2010 SO2 NAAQS.
    EPA recognizes that Illinois has not adopted or submitted
regulations intended to meet each of the PSD program and GHG
permitting/Tailoring Rule sub-element requirements, as described below.
However, Federally promulgated rules for each of these regulations and
their associated requirements are in effect in the state, promulgated
at 40 CFR 52.21. EPA has currently delegated the authority to implement
these regulations to Illinois and as a result, the state has no further
obligations to EPA, i.e., to submit new or revised regulations, because
it already administers the Federally promulgated PSD regulations.
Sub-Element 2: Identification of NOX as a Precursor to Ozone
Provisions in the PSD Program
    EPA's ``Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard--Phase 2; Final Rule to Implement Certain Aspects
of the 1990 Amendments Relating to New Source Review and Prevention of
Significant Deterioration as They Apply in Carbon Monoxide, Particulate
Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline'' (Phase
2 Rule) was published on November 29, 2005 (see 70 FR 71612). Among
other requirements, the Phase 2 Rule obligated states to revise their
PSD programs to explicitly identify NOX as a precursor to
ozone (70 FR 71612 at 71679, 71699-71700). This requirement was
codified in 40 CFR 51.166, and consisted of the following \5\:
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    \5\ Similar changes were codified in 40 CFR 52.21.

    40 CFR 51.166 (b)(1)(ii): A major source that is major for
volatile organic compounds (VOCs) or NOX shall be
considered major for ozone;
    40 CFR 51.166 (b)(2)(ii): Any significant emissions increase (as
defined at paragraph (b)(39) of this section) from any emissions
units or net emissions increase (as defined in paragraph (b)(3) of
this section) at a major stationary source that is significant for
VOCs or NOX shall be considered significant for ozone;
    40 CFR 51.166 (b)(23)(i): Ozone: 40 tons per year (tpy) of VOCs
or NOX;
    40 CFR 51.166 (b)(49)(i) \6\: Any pollutant for which a NAAQS
has been promulgated and any constituents or precursors for such
pollutants identified by the Administrator (e.g., VOCs and
NOX) are precursors for ozone; and
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    \6\ Note that this section of 40 CFR 51.166 has been amended as
a result of EPA's Final Rule on the ``Implementation of the New
Source Review (NSR) Program for Particulate Matter Less than 2.5
Micrometers (PM2.5); the regulatory text as listed was
current as of the issuance of the Phase 2 Rule. The current citation
for the VOCs and NOX as precursors for ozone are
contained in 40 CFR 51.166 (b)(49)(i)(b)(i).
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    40 CFR 51.166 (i)(5)(i)(e) footnote 1: No de minimis air quality
level is provided for ozone. However, any net emissions increase of
100 tpy or more of VOCs or NOX subject to PSD would be
required to perform an ambient impact analysis, including the
gathering of air quality data.

    The Phase 2 Rule required that states submit SIP revisions
incorporating the requirements of the rule, including these specific
NOX as a precursor to ozone provisions, by June 15, 2007
(see 70 FR 71612 at 71683).
Sub-Element 3: Identification of Precursors to PM2.5 and the
Identification of PM2.5 and PM10 Condensables in
the PSD Program
    On May 16, 2008 (see 73 FR 28321), EPA issued the Final Rule on the
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5)'' (2008 NSR Rule).
The 2008 NSR Rule finalized several new requirements for SIPs to
address sources that emit direct PM2.5 and other pollutants
that contribute to secondary PM2.5 formation. One of these
requirements is for PSD permits to address pollutants responsible for
the secondary formation of PM2.5, otherwise known as
precursors. In the 2008 rule, EPA identified precursors to
PM2.5 for the PSD program to be sulfur dioxide
(SO2) and NOX (unless the state demonstrates to
the Administrator's satisfaction or EPA demonstrates that
NOX emissions in an area are not a significant contributor
to that area's ambient PM2.5 concentrations). The 2008 NSR
Rule also specifies that VOCs are not considered to be precursors to
PM2.5 in the PSD program unless the state demonstrates to
the Administrator's satisfaction or EPA demonstrates that emissions of
VOCs in an area are significant contributors to that area's ambient
PM2.5 concentrations.
    The explicit references to SO2, NOX, and VOCs
as they pertain to secondary PM2.5 formation are codified at
40 CFR 51.166(b)(49)(i)(b) and 40 CFR 52.21(b)(50)(i)(b). As part of
identifying pollutants that are precursors to PM2.5, the
2008 NSR Rule also required states to revise the definition of
``significant'' as it relates to a net emissions increase or the
potential of a source to emit pollutants. Specifically, 40 CFR
51.166(b)(23)(i) and 40 CFR 52.21(b)(23)(i) define ``significant'' for
PM2.5 to mean the following emissions rates: 10 tpy of
direct PM2.5; 40 tpy of SO2; and 40 tpy of
NOX (unless the state demonstrates to the Administrator's
satisfaction or EPA demonstrates that NOX emissions in an
area are not a significant contributor to that area's ambient
PM2.5 concentrations). The deadline for states to submit SIP
revisions to their PSD programs incorporating these changes was May 16,
2011 (see 73 FR 28321 at 28341).\7\
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    \7\ EPA notes that on January 4, 2013, the U.S. Court of Appeals
for the D.C. Circuit, in Natural Resources Defense Council v. EPA,
706 F.3d 428 (D.C. Cir.), held that EPA should have issued the 2008
NSR Rule in accordance with the CAA's requirements for
PM10 nonattainment areas (Title I, Part D, subpart 4),
and not the general requirements for nonattainment areas under
subpart 1 (Natural Resources Defense Council v. EPA, No. 08-1250).
As the subpart 4 provisions apply only to nonattainment areas, the
EPA does not consider the portions of the 2008 rule that address
requirements for PM2.5 attainment and unclassifiable
areas to be affected by the court's opinion. Moreover, EPA does not
anticipate the need to revise any PSD requirements promulgated by
the 2008 NSR rule in order to comply with the court's decision.
Accordingly, the EPA's action on Illinois' infrastructure SIP as to
elements (C), (D)(i)(II), or (J) with respect to the PSD
requirements promulgated by the 2008 implementation rule does not
conflict with the court's opinion. The Court's decision with respect
to the nonattainment NSR requirements promulgated by the 2008
implementation rule also does not affect EPA's action on the present
infrastructure action. EPA interprets the CAA to exclude
nonattainment area requirements, including requirements associated
with a nonattainment NSR program, from infrastructure SIP
submissions due three years after adoption or revision of a NAAQS.
Instead, these elements are typically referred to as nonattainment
SIP or attainment plan elements, which would be due by the dates
statutorily prescribed under subpart 2 through 5 under part D,
extending as far as 10 years following designations for some
elements.
---------------------------------------------------------------------------

    The 2008 NSR Rule did not require states to immediately account for
gases that could condense to form particulate matter, known as
condensables, in PM2.5 and PM10 emission limits
in PSD permits. Instead, EPA determined that states had to account for
PM2.5 and PM10 condensables for applicability
determinations and in establishing emissions limitations for
PM2.5 and PM10 in PSD permits beginning on or
after January 1, 2011. This requirement is codified in 40 CFR
51.166(b)(49)(i)(a) and 40 CFR 52.21(b)(50)(i)(a). Revisions to states'
PSD programs incorporating the inclusion of condensables were required
to be submitted to EPA by May 16, 2011 (see 73 FR 28321 at 28341).

Sub-Element 5: PM2.5 Increments in the PSD Program
    On October 20, 2010, EPA issued the final rule on the ``Prevention
of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5
Micrometers (PM2.5)--Increments, Significant Impact Levels
(SILs) and Significant Monitoring Concentration (SMC)'' (2010 NSR
Rule). This rule established several components for making PSD
permitting determinations for PM2.5, including a system of
``increments'' which is the mechanism used to estimate significant
deterioration of ambient air quality for a pollutant. These increments
are codified in 40 CFR 51.166(c) and 40 CFR 52.21(c), and are included
in the table below.

Table 1--PM2.5 Increments Established by the 2010 NSR Rule in Micrograms
                             per Cubic Meter
------------------------------------------------------------------------
                                              Annual
                                            arithmetic      24-Hour max
                                               mean
------------------------------------------------------------------------
Class I.................................               1               2
Class II................................               4               9
Class III...............................               8              18
------------------------------------------------------------------------

    The 2010 NSR Rule also established a new ``major source baseline
date'' for PM2.5 as October 20, 2010, and a new trigger date
for PM2.5 as October 20, 2011. These revisions are codified
in 40 CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), and 40 CFR
52.21(b)(14)(i)(c) and (b)(14)(ii)(c). Lastly, the 2010 NSR Rule
revised the definition of ``baseline area'' to include a level of
significance of 0.3 micrograms per cubic meter, annual average, for
PM2.5. This change is codified in 40 CFR 51.166(b)(15)(i)
and 40 CFR 52.21(b)(15)(i).
Sub-Element 5: GHG Permitting and the ``Tailoring Rule''
    On June 3, 2010, EPA issued a final rule establishing a ``common
sense'' approach to addressing GHG emissions from stationary sources
under the CAA permitting programs. The ``Prevention of Significant
Deterioration and Title V Greenhouse Gas Tailoring Rule,'' or
``Tailoring Rule,'' set thresholds for GHG emissions that define when
permits under the NSR PSD and title V operating permit programs are
required for new and existing industrial facilities (see 75 FR 31514).
The Tailoring Rule set the GHG PSD applicability threshold at 75,000
tpy as expressed in carbon dioxide equivalent; if states have not
adopted this threshold, sources with GHG emissions above 100 tpy or 250
tpy (depending on source category) would be subject to PSD, effective
January 2, 2011. The lower thresholds could potentially result in
certain residential and commercial sources triggering GHG PSD
requirements.
    On December 23, 2010, EPA issued a subsequent series of rules that
put the necessary framework in place to ensure that industrial
facilities can get CAA permits covering their GHG emissions when
needed, and that facilities emitting GHGs at levels below those
established in the Tailoring Rule do not need to obtain CAA permits.\8\
Included in this series of rules was EPA's issuance of the ``Limitation
of Approval of Prevention of Significant Deterioration Provisions
Concerning Greenhouse Gas Emitting-Sources in State Implementation
Plans,'' referred to as the PSD SIP ``Narrowing Rule'' on December 30,
2010 (see 75 FR 82536). The Narrowing Rule limits, or ``narrows,''
EPA's approval of PSD programs that were previously approved into SIPs;
the programs in question are those that apply PSD to sources that emit
GHG. Specifically, the effect of the Narrowing Rule is that provisions
that are no longer approved--e.g., portions of already approved SIPs
that apply PSD to GHG emissions increases from sources emitting GHG
below the Tailoring Rule thresholds--now have the status of having been
submitted by the state but not yet acted upon by EPA. In other words,
the Narrowing Rule focuses on eliminating the PSD obligations under
Federal law for sources below the Tailoring Rule thresholds.
---------------------------------------------------------------------------

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

    Note that while EPA is proposing to disapprove this set of
infrastructure SIP requirements of section 110(a)(2)(C), we are
proposing that Illinois has met the requirement contained in section
110(a)(2)(E) regarding resources specific to permitting GHG.\9\
---------------------------------------------------------------------------

    \9\ Section 110(a)(2)(E) requires that states have the resources
to administer an air quality management program. Some states that
are not covered by the Narrowing Rule may not be able to adequately
demonstrate that they have adequate personnel to issue GHG permits
to all sources that emit GHG under the Tailoring Rule thresholds.
---------------------------------------------------------------------------

    For the purposes of the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS infrastructure SIPs, EPA reiterates that NSR
reform regulations are not in the scope of these actions. Therefore, we
are not taking action on existing NSR reform regulations for Illinois.
To address the pre-construction regulation of the modification and
construction of minor stationary sources and minor modifications of
major stationary sources, an infrastructure SIP submission should
identify the existing EPA-approved SIP provisions and/or include new
provisions that govern the minor source pre-construction program that
regulates emissions of the relevant NAAQS pollutants. EPA approved
Illinois' minor NSR program on May 31, 1972 (37 FR 10862). Since this
date, Illinois EPA and EPA have relied on the existing minor NSR
program to ensure that new and modified sources not captured by the
major NSR permitting programs do not interfere with attainment and
maintenance of the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS.
    Certain sub-elements in this section overlap with elements of
section 110(a)(2)(D)(i), section 110(a)(2)(E) and section 110(a)(2)(J).
These links will be discussed in the appropriate areas below.

D. Section 110(a)(2)(D)--Interstate Transport

    Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one state
from contributing significantly to nonattainment, or interfering with
maintenance, of the NAAQS in another state.
    On June 11, 2014, Illinois EPA transmitted a letter to EPA
clarifying that the portions of its December 31, 2012, infrastructure
SIP submission with respect to section 110(a)(2)(D)(i)(I) were only
intended to address the 2010 NO2 NAAQS. In other words, the
interstate transport provisions of section 110(a)(2)(D)(i)(I) that are
before EPA for evaluation do not extend to the 2008 ozone or 2010
SO2 NAAQS. In today's rulemaking, EPA is not proposing to
approve or disapprove Illinois' compliance with section
110(a)(2)(D)(i)(I) with respect to the 2008 ozone and 2010
SO2 NAAQS. Instead, we will address the state's satisfaction
of these requirements with respect to these two NAAQS in a separate
rulemaking.
    With respect to the 2010 NO2 NAAQS, EPA promulgated
designations for this NAAQS on February 17, 2012, stating, ``The EPA is
designating areas as ``unclassifiable/attainment'' to mean that
available information does not indicate that the air quality in these
areas exceeds the 2010 NO2 NAAQS'' (see 77 FR 9532). For
comparison purposes, EPA examined the design values \10\ from
NO2 monitors in Illinois

and surrounding states. The highest design value based on data
collected between 2010 and 2012 was 62 parts per billion at a monitor
in Chicago, Illinois. Additionally, Illinois' SIP contains two sets of
substantial provisions that limit NO2 (and SO2)
emissions from electric generating units. The Combined Pollutant
Standards (CPS) are contained in Illinois Administrative Code 225.233,
and the Multi-Pollutant Standards (MPS) are contained in Illinois
Administrative Code 225.293-225.299. EPA believes that with the
continued implementation of CPS, MPS, Federally promulgated PSD
regulations, and the state's NNSR regulations found in Part 203 of the
SIP, these low monitored values of NO2 will continue in and
around Illinois. In other words, the NO2 emissions from
Illinois are not expected to cause or contribute to a violation of the
2010 NO2 NAAQS in another state, and these emissions are not
likely to interfere with the maintenance of the 2010 NO2
NAAQS in another state. Therefore, EPA proposes that Illinois has met
this set of requirements related to section 110(a)(2)(D)(i)(I) for the
2010 NO2 NAAQS.
---------------------------------------------------------------------------

    \10\ The level of the 2010 NO2 NAAQS for is 100 parts
per billion (ppb) and the form is the 3-year average of the annual
98th percentile of the daily 1-hour maximum. For the most recent
design values, see http://www.epa.gov/airtrends/values.html.
---------------------------------------------------------------------------

    Section 110(a)(2)(D)(i)(II) requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one state
from interfering with measures required to prevent significant
deterioration of air quality or to protect visibility in another state.
    Illinois' satisfaction of the applicable infrastructure SIP PSD
requirements for the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS has been detailed in the section addressing
section 110(a)(2)(C). As previously noted, Illinois has not adopted or
submitted regulations for PSD, which results in a proposed disapproval
with respect to these requirements. However, Illinois has no further
obligations to EPA because it administers the Federally promulgated PSD
regulations, promulgated at 40 CFR 52.21, through delegation.
    States also have an obligation to ensure that sources located in
nonattainment areas do not interfere with a neighboring state's PSD
program. One way that this requirement can be satisfied is through an
NNSR program consistent with the CAA that addresses any pollutants for
which there is a designated nonattainment area within the state.
    Illinois' EPA-approved NNSR regulations can be found in Part 203 of
the SIP; these regulations contain provisions for how the state must
treat and control sources in nonattainment areas, consistent with 40
CFR 51.165, or appendix S to 40 CFR part 51. EPA proposes that Illinois
has met the requirements with respect to the prohibition of
interference with a neighboring state's PSD program for the 2008 ozone,
2010 NO2, and 2010 SO2 NAAQS related to section
110(a)(2)(D)(i)(II).
    With regard to the applicable requirements for visibility
protection of section 110(a)(2)(D)(i)(II), states are subject to
visibility and regional haze program requirements under part C of the
CAA (which includes sections 169A and 169B). The 2009 Memo, the 2011
Memo, and 2013 Memo state that these requirements can be satisfied by
an approved SIP addressing reasonably attributable visibility
impairment, if required, or an approved SIP addressing regional haze.
    On July 6, 2012, EPA published its final approval of Illinois'
regional haze plan (see 77 FR 39943). Notably, Illinois has two sets of
provisions in its SIP that meet the Best Available Retrofit Technology
requirement of electric generating stations without relying on
Federally promulgated regulations such as the Clean Air Interstate Rule
(CAIR) or the Cross-State Air Pollution Rule (CSAPR).\11\ Therefore,
EPA is proposing that Illinois has met the visibility protection
requirements of section 110(a)(2)(D)(i)(II) for the 2008 ozone, 2010
NO2, and 2010 SO2 NAAQS.
---------------------------------------------------------------------------

    \11\ These provisions are the CPS and MPS as alluded to in the
discussion addressing section 110(a)(2)(D)(i)(I), and are contained
in Illinois Administrative Code 225.233 and Illinois Administrative
Code 225.293-225.299, respectively. Reliance on the CPS and MPS in
the context of Illinois' regional haze plan as satisfying the
visibility protection requirements of section 110(a)(2)(D)(i)(II) in
lieu of dependence on Federally promulgated regulations such as CAIR
or CSAPR is consistent with EPA's previous final action for the 2006
PM2.5 NAAQS (see 77 FR 65478 at 65481).
---------------------------------------------------------------------------

    Section 110(a)(2)(D)(ii) requires each SIP to contain adequate
provisions requiring compliance with the applicable requirements of
section 126 and section 115 (relating to interstate and international
pollution abatement, respectively).
    Section 126(a) requires new or modified sources to notify
neighboring states of potential impacts from the source. The statute
does not specify the method by which the source should provide the
notification. States with SIP-approved PSD programs must have a
provision requiring such notification by new or modified sources. A
lack of such a requirement in state rules would be grounds for
disapproval of this element.
    As previously mentioned, Illinois administers the Federally
promulgated PSD regulations promulgated at 40 CFR 52.21, through
delegation. These Federal rules contain provisions requiring new or
modified sources to notify neighboring states of potential negative air
quality impacts. EPA acknowledges that the state has not satisfied the
requirement for a SIP submission, which results in a proposed
disapproval with respect to this set of infrastructure SIP requirements
of section 110(a)(2)(D)(ii). However, Illinois has no further
obligations to EPA because it administers the Federally promulgated PSD
regulations.
    Illinois affirmed in its submission that it does not have any
pending obligations under section 115. Therefore, EPA is proposing that
Illinois has met the applicable infrastructure SIP requirements of
section 110(a)(2)(D)(ii) related to section 115 of the CAA
(international pollution abatement) for the 2008 ozone, 2010
NO2, and 2010 SO2 NAAQS.

E. Section 110(a)(2)(E)--Adequate Resources

    This section requires each state to provide for adequate personnel,
funding, and legal authority under state law to carry out its SIP, and
related issues. Section 110(a)(2)(E)(ii) also requires each state to
comply with the requirements respecting state boards under section 128.
Sub-Element 1: Adequate Personnel, Funding, and Legal Authority Under
State Law To Carry Out Its SIP, and Related Issues
    At the time of its submittal, Illinois EPA cited the recently
passed Public Act in the state that provides appropriations for the
Illinois Bureau of Air Programs and associated personnel. In addition
to the environmental performance partnership agreement with EPA,
Illinois has confirmed that it retains all necessary resources to carry
out required air programs. As discussed in previous sections, Illinois
EPA has affirmed that 415 ILCS 5/4 and 415 ILCS 5/10 provide the
Director, in conjunction with IPCB, with the authority to develop rules
and regulations necessary to meet ambient air quality standards and
respond to any EPA findings of inadequacy with the Illinois SIP
program. Lastly, the IPCB ensures compliance with required laws or
elements of the state's attainment plan that are necessary to attain
the NAAQS, or that are necessary to comply with the requirements of the
CAA. EPA proposes that Illinois has met the infrastructure SIP
requirements of this portion of section 110(a)(2)(E) with respect to
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    As noted above in the discussion addressing section 110(a)(2)(C),
the resources needed to permit all sources emitting more than 100 tpy
or 250 tpy (as applicable) of GHG would require more resources than
states may appear to have. This is not a concern in Illinois, because
PSD permitting for GHGs is based on Federally promulgated PSD rules
that ``tailor'' the applicability to 75,000 tpy (expressed as carbon
dioxide equivalent).
Sub-Element 2: State Board Requirements Under Section 128 of the CAA
    Section 110(a)(2)(E) also requires each SIP to contain provisions
that comply with the state board requirements of section 128 of the
CAA. That provision contains two explicit requirements: (i) That any
board or body which approves permits or enforcement orders under this
chapter shall have at least a majority of members who represent the
public interest and do not derive any significant portion of their
income from persons subject to permits and enforcement orders under
this chapter, and (ii) that any potential conflicts of interest by
members of such board or body or the head of an executive agency with
similar powers be adequately disclosed.
    In today's action, EPA is neither proposing to approve or
disapprove the portions of the submission from Illinois intended to
address the state board requirements of section 110(a)(2)(E)(ii).
Instead, EPA will take separate action on compliance with section
110(a)(2)(E)(ii) for the state at a later time. EPA is working with
Illinois EPA to address these requirements in the most appropriate way.

F. Section 110(a)(2)(F)--Stationary Source Monitoring System

    States must establish a system to monitor emissions from stationary
sources and submit periodic emissions reports. Each plan shall also
require the installation, maintenance, and replacement of equipment,
and the implementation of other necessary steps, by owners or operators
of stationary sources to monitor emissions from such sources. The state
plan shall also require periodic reports on the nature and amounts of
emissions and emissions-related data from such sources, and correlation
of such reports by each state agency with any emission limitations or
standards established pursuant to this chapter. Lastly, the reports
shall be available at reasonable times for public inspection.
    Illinois EPA requires regulated sources to submit various reports,
dependent on applicable requirements and the type of permit issued to
the source. These reports are submitted to the Bureau of Air's
Compliance Unit for review, and all reasonable efforts are made by
Illinois EPA to maximize the effectiveness of available resources to
review the required reports. EPA proposes that Illinois has satisfied
the infrastructure SIP requirements of section 110(a)(2)(F) with
respect to the 2008 ozone, 2010 NO2, and 2010 SO2
NAAQS.

G. Section 110(a)(2)(G)--Emergency Powers

    This section requires that a plan provide for authority that is
analogous to what is provided in section 303 of the CAA, and adequate
contingency plans to implement such authority. The 2013 Memo states
that infrastructure SIP submissions should specify authority, rested in
an appropriate official, to restrain any source from causing or
contributing to emissions which present an imminent and substantial
endangerment to public health or welfare, or the environment.
    Illinois has the necessary authority to address emergency episodes,
and these provisions are contained in 415 ILCS 5/34. 415 ILCS 5/43(a)
authorizes the Illinois EPA to request a state's attorney from Illinois
Attorney General's office to seek immediate injunctive relief in
circumstances of substantial danger to the environment or to the public
health of persons. EPA proposes that Illinois has met the applicable
infrastructure SIP requirements for this portion of section
110(a)(2)(G) with respect to the 2008 ozone, 2010 NO2, and
2010 SO2 NAAQS.

H. Section 110(a)(2)(H)--Future SIP Revisions

    This section requires states to have the authority to revise their
SIPs in response to changes in the NAAQS, availability of improved
methods for attaining the NAAQS, or to an EPA finding that the SIP is
substantially inadequate.
    As previously mentioned, 415 ILCS 5/4 and 415 ILCS 5/10 provide the
Director of Illinois EPA, in conjunction with IPCB, with the authority
to develop rules and regulations necessary to meet ambient air quality
standards. Furthermore, they have the authority to respond to any EPA
findings of inadequacy with the Illinois SIP program. EPA proposes that
Illinois has met the infrastructure SIP requirements of section
110(a)(2)(H) with respect to the 2008 ozone, 2010 NO2, and
2010 SO2 NAAQS.

I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions
Under Part D

    The CAA requires that each plan or plan revision for an area
designated as a nonattainment area meet the applicable requirements of
part D of the CAA. Part D relates to nonattainment areas.
    EPA has determined that section 110(a)(2)(I) is not applicable to
the infrastructure SIP process. Instead, EPA takes action on part D
attainment plans through separate processes.

J. Section 110(a)(2)(J)--Consultation With Government Officials; Public
Notifications; PSD; Visibility Protection

    The evaluation of the submissions from Illinois with respect to the
requirements of section 110(a)(2)(J) are described below.
Sub-Element 1: Consultation With Government Officials
    States must provide a process for consultation with local
governments and Federal Land Managers (FLMs) carrying out NAAQS
implementation requirements.
    Illinois EPA is required to give notice to the Office of the
Attorney General and the Illinois Department of Natural Resources
during the rulemaking process. Furthermore, Illinois provides notice to
reasonably anticipated stakeholders and interested parties, as well as
to any FLM if the rulemaking applies to Federal land which the FLM has
authority over. Additionally, Illinois EPA participates in the Lake
Michigan Air Director's Consortium (LADCO), which consists of
collaboration with EPA and the states of Indiana, Michigan, Minnesota,
Ohio, and Wisconsin. Illinois EPA also consults with Missouri through a
process established in a Memorandum of Agreement. EPA proposes that
Illinois has met the infrastructure SIP requirements of this portion of
section 110(a)(2)(J) with respect to the 2008 ozone, 2010
NO2, and 2010 SO2 NAAQS.
Sub-Element 2: Public Notification
    Section 110(a)(2)(J) also requires states to notify the public if
NAAQS are exceeded in an area and must enhance public awareness of
measures that can be taken to prevent exceedances.
    Illinois EPA continues to collaborate with the Cook County
Department of Environmental Control. This consists of continued and
routine monitoring of air quality throughout the state, and notifying
the public when unhealthy air quality is measured or forecasted.
Illinois EPA actively populates EPA's AIRNOW program and distributes
the

information to interested stakeholders such as Partners for Clean Air
in Chicago, the Clean Air Partnership in St. Louis, and the Cook County
Department of Environmental Control. The state maintains portions of
its Web site specifically for air quality alerts,\12\ and prepares
annual data reports from its complete monitoring network. Therefore,
EPA proposes that Illinois has met the infrastructure SIP requirements
of this portion of section 110(a)(2)(J) with respect to the 2008 ozone,
2010 NO2, and 2010 SO2 NAAQS.
---------------------------------------------------------------------------

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

Sub-Element 3: PSD
    States must meet applicable requirements of section 110(a)(2)(C)
related to PSD. Illinois' satisfaction of the applicable infrastructure
SIP PSD requirements for the 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS has been detailed in the section addressing
section 110(a)(2)(C). As previously noted, Illinois has not adopted or
submitted regulations for PSD, which results in a proposed disapproval
with respect to these requirements. However, Illinois has no further
obligations to EPA because it administers the Federally promulgated PSD
regulations, promulgated at 40 CFR 52.21, through delegation.
Sub-Element 4: Visibility Protection
    With regard to the applicable requirements for visibility
protection, states are subject to visibility and regional haze program
requirements under part C of the CAA (which includes sections 169A and
169B). In the event of the establishment of a new NAAQS, however, the
visibility and regional haze program requirements under part C do not
change. Thus, we find that there is no new visibility obligation
``triggered'' under section 110(a)(2)(J) when a new NAAQS becomes
effective. In other words, the visibility protection requirements of
section 110(a)(2)(J) are not germane to infrastructure SIPs for the
2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

K. Section 110(a)(2)(K)--Air Quality Modeling/Data

    SIPs must provide for performing air quality modeling for
predicting effects on air quality of emissions from any NAAQS pollutant
and submission of such data to EPA upon request.
    Illinois EPA maintains the capability to perform modeling of the
air quality impacts of emissions of all criteria pollutants, including
the capability to use complex photochemical grid models. This modeling
is used in support of the SIP for all nonattainment areas in the state.
Illinois EPA also requires air quality modeling in support of
permitting the construction of major and some minor new sources under
the PSD program. These modeling data are available to EPA as well as
the public upon request. Lastly, Illinois EPA participates in LADCO,
which conducts regional modeling that is used for statewide planning
purposes. EPA proposes that Illinois has met the infrastructure SIP
requirements of section 110(a)(2)(K) with respect to the 2008 ozone,
2010 NO2, and 2010 SO2 NAAQS.

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

    This section requires SIPs to mandate each major stationary source
to pay permitting fees to cover the cost of reviewing, approving,
implementing, and enforcing a permit.
    Illinois EPA implements and operates the title V permit program,
which EPA approved on December 4, 2001 (66 FR 62946) and the
provisions, requirements, and structures associated with the costs for
reviewing, approving, implementing, and enforcing various types of
permits are contained in 415 ILCS 5/39.5. EPA proposes that Illinois
has met the infrastructure SIP requirements of section 110(a)(2)(L) for
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local
Entities

    States must consult with and allow participation from local
political subdivisions affected by the SIP.
    All public participation procedures pertaining to Illinois EPA are
consistent with 35 Illinois Administrative Code Part 164 (Procedures
for Informational and Quasi-Legislative Public Hearings) and 35
Illinois Administrative Code Part 252 (Public Participation in the Air
Pollution Control Permit Program); the latter is an approved portion of
Illinois' SIP. EPA proposes that Illinois has met the infrastructure
SIP requirements of section 110(a)(2)(M) with respect to the 2008
ozone, 2010 NO2, and 2010 SO2 NAAQS.

V. What action is EPA taking?

    EPA is proposing to approve most elements of a submission from
Illinois certifying that its current SIP is sufficient to meet the
required infrastructure elements under sections 110(a)(1) and (2) for
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. We
are also proposing to disapprove some elements of the state's
submission as they relate to its PSD program. As described above,
Illinois already administers Federally promulgated PSD regulations
through delegation, and therefore no practical effect is associated
with today's proposed disapproval or future final disapproval of those
elements.
    EPA's proposed actions for the state's satisfaction of
infrastructure SIP requirements, by element of section 110(a)(2) and
NAAQS, are contained in the table below.

----------------------------------------------------------------------------------------------------------------
              Element                      2008 Ozone              2010 NO[ihel2]            2010 SO[ihel2]
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and other      A                         A                         A
 control measures.
(B): Ambient air quality            A                         A                         A
 monitoring and data system.
(C)1: Enforcement of SIP measures.  A                         A                         A
(C)2: NOX as a precursor to ozone   D,*                       D,*                       D,*
 for PSD.
(C)3: PM2.5 Precursors/PM2.5 and    D,*                       D,*                       D,*
 PM10 condensables for PSD.
(C)4: PM2.5 Increments............  D,*                       D,*                       D,*
(C)5: GHG permitting thresholds in  D,*                       D,*                       D,*
 PSD regulations.
(D)1: Contribute to nonattainment/  NA                        A                         NA
 interfere with maintenance of
 NAAQS.
(D)2: PSD.........................  **                        **                        **
(D)3: Visibility Protection.......  A                         A                         A
(D)4: Interstate Pollution          D,*                       D,*                       D,*
 Abatement.
(D)5: International Pollution       A                         A                         A
 Abatement.
(E): Adequate resources...........  A                         A                         A
(E): State boards.................  NA                        NA                        NA
(F): Stationary source monitoring   A                         A                         A
 system.

(G): Emergency power..............  A                         A                         A
(H): Future SIP revisions.........  A                         A                         A
(I): Nonattainment area plan or     NA                        NA                        NA
 plan revisions under part D.
(J)1: Consultation with government  A                         A                         A
 officials.
(J)2: Public notification.........  A                         A                         A
(J)3: PSD.........................  **                        **                        **
(J)4: Visibility protection.......  +                         +                         +
(K): Air quality modeling and data  A                         A                         A
(L): Permitting fees..............  A                         A                         A
(M): Consultation and               A                         A                         A
 participation by affected local
 entities.
----------------------------------------------------------------------------------------------------------------

In the above table, the key is as follows:

------------------------------------------------------------------------

------------------------------------------------------------------------
A..............................  Approve.
NA.............................  No Action/Separate Rulemaking.
D..............................  Disapprove.
+..............................  Not germane to infrastructure SIPs.
*..............................  Federally promulgated rules in place.
**.............................  Previously discussed in element (C).
------------------------------------------------------------------------

    To clarify, EPA is proposing to disapprove the infrastructure SIP
submission from Illinois with respect to certain PSD requirements
including: (i) The explicit identification of NOX as a
precursor to ozone consistent with the Phase 2 Rule; (ii) the explicit
identification of SO2 and NOX as PM2.5
precursors (and the significant emissions rates for direct
PM2.5, and SO2 and NOX as its
precursors), and the regulation of PM2.5 and PM10
condensables, consistent with the requirements of the 2008 NSR Rule;
(iii) the PM2.5 increments and associated implementation
rules consistent with the 2010 NSR Rule; and, (iv) permitting of GHG
emitting sources at the Federal Tailoring Rule thresholds.
    EPA is also proposing to disapprove the infrastructure SIP
submission from with respect to the requirements of section
110(a)(2)(D)(ii) related to interstate pollution abatement.
Specifically, this section requires states with PSD programs have
provisions requiring a new or modified source to notify neighboring
states of the potential impacts from the source, consistent with the
requirements of section 126(a).
    However, Illinois has no further obligations to EPA because
Federally promulgated rules, promulgated at 40 CFR 52.21 are in effect
in the state. EPA has delegated the authority to Illinois to administer
these rules, which include provisions related to PSD and interstate
pollution abatement. A final disapproval for Illinois for these
infrastructure SIP requirements will not result in sanctions under
section 179(a), nor will it obligate EPA to promulgate a Federal
implementation plan within two years of final action if the state does
not submit revisions to its PSD SIPs addressing these deficiencies.
Instead, Illinois is already administering the Federally promulgated
PSD regulations.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Nitrogen dioxide,
Reporting and recordkeeping requirements, Sulfur dioxide.

    Dated: June 23, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014-16287 Filed 7-11-14; 8:45 am]
BILLING CODE 6560-50-P