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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations
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into the SIP the following: 1
Amendments to Title 35 Illinois Administrative Code 35 Ill. Adm. Code Part 203, Major Stationary Source Construction and Modification; 2 new regulations at 35 Ill. Adm. Code Part 204, Prevention of Significant Deterioration; 3 amendments to 35 Ill.
Adm. Code Part 211, Definitions and General Provisions; 2 and 4
amendments to 35 Ill. Adm. Code Part 252, Public Participation in the Air Pollution Control Permit Program. The amendments to 35 Ill. Adm. Code Parts 203 and 211 update these rules to refer to permitting pursuant to 35 Ill. Adm.
Code Part 204, as well as to 40 CFR
52.21. These amendments to 35 Ill.
Adm. Code Parts 203 and 211 involve regulations that EPA has previously approved into the Illinois SIP for purposes of other provisions of the CAA
excluding the PSD program. See 40
CFR 52.720c. On November 5, 2020, IEPA submitted additional information clarifying how it intends to implement specific provisions identified by EPA, and how it plans to correct any typographical errors or omissions that EPA identified in its October 22, 2020
review of IEPAs September 2020
submittal. Additionally, on March 3, 2021, IEPA submitted a request to withdraw a portion of the submitted amendments, 35 Ill. Adm. Code 252.301, from approval into the SIP.
This provision applies to EPAs review of title V permits issued by IEPA.
On April 28, 2021, EPA issued a notice of proposed rulemaking proposed rule in which we proposed to find that IEPAs proposed regulations and amendments meet the requirements of sections 160169 of the CAA and the implementing regulations at 40 CFR
51.166. See 86 FR 22372. We explained in the preamble to the proposed rule that, with a few exceptions, IEPAs PSD
regulations at 35 Ill. Adm. Code Part 204
and 35 Ill. Adm. Code Part 252 largely mirror the Federal regulations at 40 CFR
52.21 and 40 CFR part 124, respectively.
We proposed to approve IEPAs PSD
regulations contained in 35 Ill. Adm.
Code Parts 204 and 252 to apply statewide, except in Indian reservations.
For the facilities in Indian reservations in the State, and any other area where 2 IEPAs September 2020 submittal also addressed Illinois Infrastructure SIP requirements under sections 110a2C, 110a2DiII, 110a2Dii, and 110a2J of the CAA for all of the following NAAQS: 2008 lead, 2010 nitrogen dioxide, 1997 ozone, 2008 ozone, 2015 ozone, 1997
particulate matter with aerodynamic diameter less than 2.5 microns PM2.5, 2006 PM2.5, 2012 PM2.5, and 2010 sulfur dioxide. This action does not address the infrastructure SIP portion of IEPAs submittal. EPA plans to address those requirements in a separate action.

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EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, the PSD FIP
incorporating 40 CFR 52.21 would continue to apply and EPA would retain responsibility for issuing permits affecting such sources.
In this final action, EPA finds that IEPAs regulations at 35 Ill. Adm. Code Part 204 and the amendments to 35 Ill.
Adm. Code Parts 203, 211 and 252 meet the requirements of sections 160169 of the CAA and the minimum program requirements of 40 CFR 51.166. EPA is therefore approving these regulations and amendments into the Illinois SIP
and is codifying this approval in the Federal regulations at 40 CFR 52.720.
Upon the effective date of this approval, PSD permits issued by IEPA will be issued under state authority and will no longer be considered Federal actions.
However, such PSD permits will continue to be federally enforceable as defined at 40 CFR 51.166b17.
This action also transfers to IEPA
responsibility for administering existing PSD permits that EPA previously issued to sources in Illinois pursuant to the FIP, and for processing any PSD permit actions related to such permits.
II. Summary of EPA Analysis A. Procedural Requirements For the reasons discussed in the proposed rule, EPA finds that IEPA has satisfied the procedural requirements for a SIP submittal as set forth in 40 CFR
51.102, 51.103 and 40 CFR part 51, appendix V.
B. 35 Ill. Adm. Code Part 203 Major Stationary Source Construction and Modification For the reasons discussed in the proposed rule, EPA is approving IEPAs amendments to 35 Ill. Adm. Code Part 203. The amendments update certain provisions in this regulation such that they refer to permits issued under 40
CFR 52.21 or 35 Ill. Adm. Code Part 204, Illinois new regulation for a state PSD
permitting program. Specifically, EPA is approving amendments to 35 Ill. Adm.
Code 203.207a, c2, c3, c5, c6, e and f. Accordingly, upon the effective date of this final action, IEPA
will issue PSD permits under 35 Ill.
Adm. Code Part 204, but permits previously issued under 40 CFR 52.21
will continue to be effective unless rescinded or otherwise rendered invalid.
C. 35 Ill. Adm. Code Part 204
Under 40 CFR 51.166a7iv, each SIP shall contain the specific provisions of 40 CFR 51.166a7iva through f.
EPA will approve deviations from these
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provisions only if the State specifically demonstrates that the submitted provisions are more stringent than, or at least as stringent, in all respects as the corresponding provisions in 40 CFR
51.166a7iva through f.
Additionally, 40 CFR 51.166b requires that all SIPs shall use the definitions in 40 CFR 51.166b for the purposes of 40
CFR 51.166 and that deviations from the wording of those definitions will be approved only if the State specifically demonstrates that the submitted definition is more stringent, or at least as stringent, in all respects as the corresponding definitions in 40 CFR
51.166b.
EPA finds that IEPAs PSD regulation is more stringent than, or at least as stringent, in all respects as the corresponding provisions in 40 CFR
51.166. While IEPA has submitted provisions that differ in some respects from the provisions in 40 CFR 51.166, as discussed in detail in the proposed rule,3 we find that those differences do not render IEPAs regulation less stringent than the corresponding Federal language at 40 CFR 51.166.
D. 35 Ill. Adm. Code Part 211
Definitions and General Provisions In the proposed rule, EPA proposed to approve amendments to 35 Ill. Adm.
Code Part 211 that updated certain provisions in this regulation such that they refer to permits issued under 40
CPR 52.21 or 35 Ill. Adm. Code Part 204.
Specifically, EPA proposed to approve amendments to 35 Ill. Adm. Code 211.7150b and d, with a state effective date of September 4, 2020. On June 16, 2021, EPA approved into the Illinois SIP a more recent version of this regulation, with a state effective date of October 20, 2020. See 86 FR 31920. The October 20, 2020 version of 35 Ill. Adm.
Code Part 211, as EPA approved on June 16, 2021, contains the changes that IEPA
requested in its September 22, 2020
submittal for this action. Therefore, EPA
is not acting on this portion of the submittal in this action.
E. 35 Ill. Adm. Code Part 252 Public Participation For the reasons discussed in the proposed rule, EPA is approving into the SIP IEPAs regulations at 35 Ill.
Adm. Code Part 252, except 35 Ill. Adm.
Code 252.301. EPA finds that IEPAs amendments to 35 Ill. Adm. Code Part 252 meet the CAA requirements for public participation for the PSD
program as set forth in 40 CFR 51.161
and 51.166q, and are substantially identical to the public participation 3 See
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86 FR 2237422380.

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