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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations
regulations and corresponding practices, do not meet the public participation requirements contained in the applicable EPA regulations, e.g., 40 CFR
51.161.12 For the identified agencies, EPA expects to take appropriate corrective steps, which may include constructive, informal, and formal engagement with those agencies.
IV. What action is EPA taking?
A. Scope of EPA Action EPA is approving revisions to the Illinois SIP that IEPA submitted on September 22, 2020 and amended on November 5, 2020, and March 3, 2021.
These revisions implement the PSD
preconstruction permitting regulations for certain new or modified sources in attainment and unclassifiable areas.
Currently, the PSD program in Illinois is operated under the FIP incorporating 40
CFR 52.21. EPA is approving IEPAs PSD regulations contained in 35 Ill.
Adm. Code Parts 204 and 252 to apply statewide, except in Indian reservations.
EPA is excluding from the scope of this final approval all Indian reservations in the State, and any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. For the facilities in these geographic areas, the PSD FIP
incorporating 40 CFR 52.21 will continue to apply and EPA will retain responsibility for issuing permits affecting such sources.
B. Rules Approved and Incorporated by Reference Into the SIP
EPA approves into the Illinois SIP at 40 CFR 52.720, the following regulations: 35 Ill. Adm. Code 203.207
Major Modification of a Source and 35 Ill. Adm. Code Part 204 Prevention of Significant Deterioration, effective September 4, 2020; and 35 Ill. Adm.
Code Part 252 Public Participation in the Air Pollution Control Program, except 35 Ill. Adm. Code sections 252.301 and 252.401, effective June 10, 2020.

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C. Transfer of Authority for Existing EPA-Issued PSD Permits Since April 7, 1980, IEPA has had full delegation to implement the PSD
permitting program under the FIP. 46
FR 9580 Jan. 29, 1981. Thus, PSD
permits issued by IEPA on or after April 7, 1980, were issued under both state and EPA authority. Prior to delegation of the PSD permitting program to IEPA
on April 7, 1980, EPA issued several 12 See
https www.epa.gov/system/files/
documents/2021-07/_epaoig_20210708-21-p0175.pdf.

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PSD permits for sources in Illinois.13 In an April 14, 1982 amendment to the terms of the 1980 delegation agreement, EPA delegated to IEPA the authority to amend or to revise any permits that had been previously issued by EPA.
In this action, EPA is granting IEPA
authority to fully administer the PSD
program with respect to those sources under IEPAs permitting jurisdiction that have existing PSD permits issued solely by EPA on or before April 7, 1980. This includes authority to conduct general administration of these existing permits, authority to process and issue any subsequent PSD permit actions relating to such permits e.g., modifications, amendments, or revisions of any nature, and authority to enforce such permits. IEPA has demonstrated adequate authority to enforce and modify these permits.
V. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Illinois Regulations described in the amendments to 40 CFR
part 52 set forth below. EPA has made, and will continue to make, these documents generally available through www.regulations.gov, and at the EPA
Region 5 Office please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information.
Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.
VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations.
42 U.S.C. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs 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 13 EPA issued at least 18 such permits; however, some of the affected facilities may no longer exist.
The full listing of these facilities is available in the docket for this action.

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those imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.;
Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 Pub. L. 1044;
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 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C. 272 note because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898
59 FR 7629, February 16, 1994.
In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 65
FR 67249, November 9, 2000.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate,
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