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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Rules and Regulations Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312 8860266, davidson.
olivia@epa.gov. The EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays and facility closures due to COVID19.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever we, us, or our is used, we mean EPA.
I. What is the background of this SIP
submission?
II. What is EPAs analysis of this SIP
submission?
III. Applicability of PSD Requirements IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
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I. What is the background of this SIP
submission?
In this rulemaking, EPA is approving most elements of the September 29, 2017, and May 16, 2019, and September 22, 2020, submissions from the Illinois Environmental Protection Agency IEPA intended to address all applicable infrastructure requirements for the 2012 PM2.5 and 2015 ozone NAAQS, respectively.
Whenever EPA promulgates a new or revised NAAQS, CAA section 110a1
requires states to make SIP submissions to provide for the implementation, maintenance, and enforcement of the NAAQS. This type of SIP submission is commonly referred to as an infrastructure SIP. These submissions must meet the various requirements of CAA section 110a2, as applicable.
Due to ambiguity in some of the language of the CAA section 110a2, EPA believes that it is appropriate to interpret these provisions in the specific context of action on infrastructure SIP
submissions. EPA has previously provided comprehensive guidance on the application of these provisions through our September 13, 2013, Infrastructure SIP Guidance and through regional actions on infrastructure submissions EPAs 2013 Guidance.1
1 EPA discusses these ambiguities and elaborates on its approach to address them in our September 13, 2013 Infrastructure SIP Guidance available at https www3.epa.gov/airquality/urbanair/
sipstatus/docs/Guidance_on_Infrastructure_SIP_
Elements_Multipollutant_FINAL_Sept_2013.pdf, as well as in numerous agency actions, including EPAs prior action on Minnesotas infrastructure SIP to address the 2008 ozone, 2010 nitrogen dioxide NO2, 2010 sulfur dioxide SO2, and 2012
fine particulate matter PM2.5 NAAQS 80 FR
63436, October 20, 2015.

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Unless otherwise noted below, we are following that existing approach in acting on this submission. In addition, in the context of acting on such infrastructure submissions, EPA
evaluates the submitting states SIP for facial compliance with statutory and regulatory requirements, not for the states implementation of its SIP.2 EPA
has other authority to address any issues concerning a states implementation of the rules, regulations, consent orders, etc. that comprise its SIP.
II. What is EPAs analysis of this SIP
submission?
Pursuant to section 110a, states must provide reasonable notice and opportunity for public hearing for all infrastructure SIP submissions. On June 23, 2017, and November 16, 2018, IEPA
opened 30-day comment and request for public hearing periods for the 2012
PM2.5 and 2015 ozone NAAQS, respectively. No requests for a public hearing were received during the comment periods. IEPA did not receive comments on portions of the submission on which EPA is acting. Comments were received on IEPAs PSD permitting program, which has recently been approved by EPA on September 9, 2021
86 FR 50459.
Illinois provided a detailed synopsis of how various components of its SIP
meet each of the applicable requirements in section 110a2 for the 2012 PM2.5 and 2015 ozone NAAQS, as applicable. The following review evaluates the states submissions.
A. Section 110a2AEmission Limits and Other Control Measures This section requires SIPs to include enforceable emission limitations and other control measures, means or techniques, as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable CAA requirements. Section 110a2A does not require that states submit regulations or emission limits specifically for attaining the 2012 PM2.5
and 2015 ozone NAAQS. Those SIP
provisions are due as part of each states attainment plan, and will be addressed separately from the requirements of section 110a2A.3 In the context of 2 See Montana Envt Info Ctr. v. Thomas, 902 F.3d 971 9th Cir. 2018.
3 See, e.g., EPAs final rule on National Ambient Air Quality Standards for Lead. 73 FR 66964, 67034 Nov. 12, 2008.

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an infrastructure SIP, EPA is not evaluating the existing SIP provisions for this purpose. Instead, EPA is only evaluating whether the States SIP has basic structural provisions for the implementation of the NAAQS.
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 IEPA
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. The IPCB
ensures compliance with required laws and other elements of the States attainment plan that are necessary to attain the NAAQS, and to comply with the requirements of the CAA 415 ILCS
5/10.
EPAs 2013 Guidance states that to satisfy section 110a2A
requirements, an air agencys submission should identify existing EPA-approved SIP provisions or new SIP provisions that the air agency has adopted and submitted for EPA
approval that limit emissions of pollutants relevant to the subject NAAQS, including precursors of the relevant NAAQS pollutant where applicable. As identified by IEPA, Title 35 of the Illinois Administrative Code IAC Parts 202, 212, 214, 215, 217, 218, 219, and 225, contain SIP-approved emission standards and limitations for sulfur dioxide SO2, nitrogen oxides NOX, volatile organic materials VOMs, and ammonia NH3, precursors of PM2.5 and ozone. We believe that IEPA has the necessary components contained in Title 35 of the IAC to comply with the 2015 NAAQS ozone and 2012 PM2.5 standard. In this rulemaking, EPA is not incorporating into Illinois SIP any new provisions in Illinois State rules that have not been previously approved by EPA. EPA is also not approving or disapproving any existing State provisions or rules related to start-up, shutdown or malfunction, or directors discretion in the context of section 110a2A. EPA finds that Illinois has met the infrastructure SIP
requirements of section 110a2A
with respect to the 2012 PM2.5 and 2015
ozone NAAQS.

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