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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1

B. Section 110a2BAmbient Air Quality Monitoring/Data System This section requires SIPs to provide for establishing and operating ambient air quality monitors, collecting and analyzing ambient air quality data, and, upon request, to make these data available to EPA. EPAs 2013 Guidance states that submission of annual monitoring network plans consistent with EPAs ambient air monitoring regulations at 40 CFR 58.10 is one way of satisfying a states obligations under section 110a2B. EPAs review of a states annual monitoring plan includes EPAs 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 EPAs 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.
In accordance with 40 CFR parts 53
and 58, IEPA continues to operate an air monitoring network that is used to determine compliance with the NAAQS.
The provision at 415 ILCS 5/4 grants IEPA the authority to implement and administer the monitoring network.
Furthermore, IEPA submits yearly monitoring network plans to EPA, and EPA approved the 2021 Annual Air Monitoring Network Plan on October 22, 2020.4 Monitoring data from IEPA
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. IEPA publishes an annual report for the coming year on the Agencys website and provides for public comment. EPA finds that Illinois has met the infrastructure SIP
requirements of section 110a2B
with respect to the 2012 PM2.5 and 2015
ozone NAAQS.
C. Section 110a2CProgram for Enforcement of Control Measures; Minor NSR; PSD
This section requires SIPs to set forth a program providing for enforcement of all SIP measures, and the regulation of construction of new and modified stationary sources to meet New Source Review NSR requirements under PSD
and Nonattainment NSR NNSR
programs. Part C of the CAA sections 160169B addresses PSD, while part D
of the CAA sections 171193 addresses NNSR requirements. EPAs 2013
4 https www2.illinois.gov/epa/topics/air-quality/
outdoor-air/air-monitoring/Documents/2021%20
Network%20Plan.pdf.

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Guidance states that the NNSR
requirements of section 110a2C are generally outside the scope of infrastructure SIPs; however, a state must provide for regulation of minor sources and minor modifications minor NSR.
1. Program for Enforcement of Emission Limitations and Control Measures A states infrastructure SIP
submission should identify the statutes, regulations, or other provisions in the SIP that provide for enforcement of emission limits and control measures.
IEPAs Bureau of Air BOA includes a Compliance Section and Division of Legal Counsel, which conduct enforcement of emission limits and consult with IEPA on enforcement actions, including enforcement of minor NSR, PSD, and nonattainment NSR
construction and operating permits. The provision at 415 ILCS 5/4 provides the Director of IEPA with the authority to implement and administer this enforcement program. The provisions at 415 ILCS 5/30 and 5/31 further grant IEPA the authority to implement and administer the enforcement program through investigations, complaints and notices of violation, and hearings. EPA
finds that Illinois has met the program for enforcement of emission limitations and control measures requirements of section 110a2C with respect to the 2012 PM2.5 and 2015 ozone NAAQS.
2. Minor NSR
An infrastructure SIP submission should identify the existing EPAapproved SIP provisions that govern the minor source pre-construction program that regulates emissions of the relevant NAAQS pollutant.
EPA approved Illinois minor NSR
program on May 31, 1972 37 FR 10862.
Since this date, IEPA and EPA have relied on the existing minor NSR
program at 415 ILCS 5/9 and 5/39 to ensure that new and modified sources not captured by the major NSR
permitting programs do not interfere with attainment and maintenance of the 2012 PM2.5 and 2015 ozone NAAQS.
EPA finds that Illinois has met the minor NSR requirements of section 110a2C with respect to the 2012
PM2.5 and 2015 ozone PM2.5 NAAQS.
3. PSD
The evaluation of each states submission addressing the PSD
requirements of section 110a2C
covers: i PSD provisions that explicitly identify NOX as a precursor to ozone in the PSD program; ii identification of
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precursors to PM2.5 5 and the identification of PM2.5 and PM10 6
condensables in the PSD program; iii PM2.5 increments in the PSD program;
and iv greenhouse gas GHG
permitting and the Tailoring Rule in the PSD program.7
Previously, PSD permits in Illinois have been issued under a Federal Implementation Plan FIP incorporating 40 CFR 52.21. Since April 7, 1980, IEPA
has issued PSD permits under a delegation agreement with EPA that authorizes IEPA to implement the FIP
January 29, 1981, 46 FR 9580. Under a November 16, 1981 amendment to the 1980 Delegation Agreement, IEPA also had the authority to amend or revise any PSD permit issued by EPA under the FIP. See 86 FR 22372, 22373 Apr. 28, 2021. On September 22, 2020, IEPA
submitted to EPA a request to revise the Illinois SIP to establish a SIP-approved PSD program in Illinois. IEPA requested that EPA incorporate into the SIP Title 35 IAC Part 204 containing the new PSD
program, and revisions to Parts 252 and 203. The request was approved on September 9, 2021 86 FR 50459, and addressed comments received during EPAs public comment period. IEPA
continues to have the authority under State law to issue PSD permits.
Consistent with the Illinois Environmental Policy Act, 35 IAC
204.820 and 204.850 require that a source may construct or operate any source or modification subject to PSD
permitting only after obtaining an approval to construct or PSD permit.
IEPA may rescind such PSD permit under 35 IAC 204.1340.
Some PSD requirements under section 110a2C overlap with elements of section 110a2Di and section 110a2J. These links are discussed in the appropriate areas below.
5 PM
2.5 refers to particles with an aerodynamic diameter of less than or equal to 2.5 micrometers, also referred to as fine particles.
6 PM
10 refers to particles with an aerodynamic diameter of less than or equal to 10 micrometers.
7 In EPAs April 28, 2011, proposed rulemaking for infrastructure SIPs for the 1997 ozone and PM2.5
NAAQS, we stated that each states PSD program must meet applicable requirements for evaluation of all regulated NSR pollutants in PSD permits 76 FR
23757 at 23760. This view was reiterated in EPAs August 2, 2012, proposed rulemaking for infrastructure SIPs for the 2006 PM2.5 NAAQS 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 110a2C 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, including the 2015 ozone and 2012 PM 2.5 NAAQS.

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