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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations
FR Doc. 202119156 Filed 9821; 8:45 am
312 3530987 before visiting the Region 5 office.

BILLING CODE 656050P

FOR FURTHER INFORMATION CONTACT:

David Ogulei, Environmental Engineer, Air Permits Section, Air Programs Branch AR18J, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312 3530987, ogulei.david@
epa.gov.

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR05OAR20200501, EPAR05
OAR20200502, EPAR05OAR2020
0503; FRL891902R5

Air Plan Approval; Illinois; Prevention of Significant Deterioration Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

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.
EPAR05OAR20200501, EPAR05
OAR20200502, and EPAR05OAR
20200503. 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 COVID19. We recommend that you telephone David Ogulei, Environmental Engineer, at
lotter on DSK11XQN23PROD with RULES1

SUMMARY:

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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 110a2C 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 110a2C of the CAA. Specific plan requirements for an approvable PSD SIP
are provided in sections 160169 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 171193 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 107d of the CAA. Under section 160 of the CAA, the purposes of the PSD program are to: 1

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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 1 A copy of this amendment to the delegation agreement is available in the docket for this action.

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