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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Rules and Regulations a. PSD Provisions That Explicitly Identify NOX as a Precursor to Ozone in the PSD Program EPAs Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality StandardPhase 2; Final Rule to Implement Certain Aspects of the 1990 Amendments Relating to New Source Review and Prevention of Significant Deterioration as They Apply in Carbon Monoxide, Particulate Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline Phase 2 Rule was published on November 29, 2005
70 FR 71612. Among other requirements, the Phase 2 Rule obligated states to revise their PSD
programs to explicitly identify NOX as a precursor to ozone see 70 FR at 71679, 7169971704. This requirement was codified at 40 CFR 51.166.8
The Phase 2 Rule required that states submit SIP revisions incorporating the requirements of the rule, including the provisions specific to NOX as a precursor to ozone, by June 15, 2007
see 70 FR at 71683.
On September 9, 2021 86 FR 50459, EPA approved 35 IAC Part 204 into Illinois SIP to fully satisfy the requirements of CAA section 110a2C regarding NOX as a precursor to ozone. Specifically, 35 IAC
204.610a2A establishes NOX and VOM as precursors to ozone in all attainment and unclassifiable areas.
EPA therefore finds that Illinois has met this set of infrastructure SIP
requirements of CAA section 110a2C with respect to the 2012
PM2.5 and 2015 ozone NAAQS.

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b. Identification of Precursors to PM2.5
and the Identification of PM2.5 and PM10
Condensables in the PSD Program On May 16, 2008 73 FR 28321, EPA
issued the final rule on the Implementation of the New Source Review NSR Program for Particulate Matter Less than 2.5 Micrometers PM2.5 2008 NSR Rule. The 2008
NSR Rule finalized several new requirements for SIPs to address sources that emit direct PM2.5 and other pollutants that contribute to secondary PM2.5 formation. One of these requirements is for NSR permits to address pollutants responsible for the secondary formation of PM2.5, otherwise known as precursors. In the 2008 rule, EPA identified precursors to PM2.5 for the PSD program to be SO2 and NOX
unless the state demonstrates to the Administrators satisfaction or EPA
demonstrates that NOX emissions in an area are not a significant contributor to 8 Similar
changes were codified in 40 CFR 52.21.

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that areas ambient PM2.5
concentrations. The 2008 NSR Rule also specifies that volatile organic compounds VOCs are not considered to be precursors to PM2.5 in the PSD
program unless the state demonstrates to the Administrators satisfaction or EPA demonstrates that emissions of VOCs in an area are significant contributors to that areas ambient PM2.5
concentrations.
The explicit references to SO2, NOX, and VOCs as they pertain to secondary PM2.5 formation are codified at 40 CFR
51.166b49ib and 40 CFR
52.21b50ib. As part of identifying pollutants that are precursors to PM2.5, the 2008 NSR Rule also required states to revise the definition of significant as it relates to a net emissions increase or the potential of a source to emit pollutants. Specifically, 40 CFR
51.166b23i and 40 CFR
52.21b23i define significant for PM2.5 to mean the following emissions rates: 10 tons per year tpy of direct PM2.5; 40 tpy of SO2; and 40 tpy of NOX
unless the state demonstrates to the Administrators satisfaction or EPA
demonstrates that NOX emissions in an area are not a significant contributor to that areas ambient PM2.5
concentrations. The deadline for states to submit SIP revisions to their PSD
programs incorporating these changes was May 16, 2011 see 73 FR 28321 at 28341, May 16, 2008.9
The 2008 NSR Rule did not require states to immediately account for gases 9 EPA notes that on January 4, 2013, the U.S.
Court of Appeals for the D.C. Circuit held that EPA
should have issued the 2008 NSR Rule in accordance with the CAAs requirements for PM10
nonattainment areas Title I, part D, subpart 4, and not the general requirements for nonattainment areas under subpart 1. See Nat. Res. Def. Council v. EPA, 706 F.3d 428 D.C. Cir. 2013. As the subpart 4 provisions apply only to nonattainment areas, EPA does not consider the portions of the 2008 rule that address requirements for PM2.5
attainment and unclassifiable areas to be affected by the courts opinion. Moreover, EPA does not anticipate the need to revise any PSD requirements promulgated by the 2008 NSR rule in order to comply with the courts decision. Accordingly, EPAs approval of Illinois infrastructure SIP as to elements C, DiII, or J with respect to the PSD
requirements promulgated by the 2008 NSR Rule does not conflict with the courts opinion.
The courts decision with respect to the nonattainment NSR requirements promulgated by the 2008 NSR Rule also does not affect EPAs action on the present infrastructure action. EPA interprets the CAA to exclude nonattainment area requirements, including requirements associated with a nonattainment NSR program, from infrastructure SIP submissions due three years after adoption or revision of a NAAQS. Instead, these elements are typically referred to as nonattainment SIP or attainment plan elements, which would be due by the dates statutorily prescribed under subpart 2 through 5 under part D, extending as far as 10 years following designations for some elements.

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that could condense to form particulate matter, known as condensables, in PM2.5
and PM10 emission limits in NSR
permits. Instead, EPA determined that states had to account for PM2.5 and PM10
condensables for applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in PSD permits beginning on or after January 1, 2011. This requirement is codified in 40 CFR 51.166b49ia and 40 CFR 52.21b50ia. Revisions to states PSD programs incorporating the inclusion of condensables were due to EPA by May 16, 2011 see 73 FR at 28341.
As previously mentioned, EPA
approved 35 IAC Part 204 into the SIP
on September 9, 2021 86 FR 50459, to fully satisfy the requirements of CAA
section 110a2C regarding identification of precursors to PM2.5 and the identification of PM2.5 and PM10
condensables. Specifically, 35 IAC
204.610a2CD establishes SO2 as a precursor to PM2.5 in all attainment and unclassifiable areas, NOX as a presumed precursor to PM2.5 in all attainment and unclassifiable areas unless an EPAapproved demonstration of insignificant contribution is provided, and VOM not to be a precursor to PM2.5 unless, similarly, an approved demonstration is provided. The provision at 35 IAC
204.610a1 provides for the requirement of condensable PM to be included in applicability determinations and in establishing emission limitations for PM in PSD permits. EPA therefore finds that Illinois has met this set of infrastructure SIP requirements of CAA
section 110a2C with respect to the 2012 PM2.5 and 2015 ozone NAAQS.
c. PM2.5 Increments in the PSD Program On October 20, 2010 75 FR 64864, EPA issued the final rule on the Prevention of Significant Deterioration PSD for Particulate Matter Less Than 2.5 Micrometers PM2.5Increments, Significant Impact Levels SILs and Significant Monitoring Concentration SMC 2010 NSR Rule. This rule established several components for making PSD permitting determinations for PM2.5, including a system of increments which is the mechanism used to estimate significant deterioration of ambient air quality for a pollutant. These increments are codified in 40 CFR 51.166c and 40
CFR 52.21c, and are included in the table below.

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