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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Rules and Regulations
approved by EPA into the SIP on TABLE 1PM2.5 INCREMENTS ESTABpurposes of determining whether a September 9, 2021 86 FR 50459, LISHED BY THE 2010 NSR RULE IN source is a major source required to obtain a PSD permit. The Court also said contains provisions at 35 IAC 204.700
MICROGRAMS PER CUBIC METER

that EPA could continue to require that PSD permits, otherwise required based 24-Hour on emissions of pollutants other than max GHGs, contain limitations on GHG
emissions based on the application of Class I
1 2 Best Available Control Technology Class II
4 9
BACT.
Class III
8 18
In accordance with the Courts decision, on April 10, 2015, the U.S.
The 2010 NSR Rule also established a Court of Appeals for the D.C. Circuit new major source baseline date for the D.C. Circuit issued an amended PM2.5 as October 20, 2010, and a new judgment vacating the regulations that trigger date for PM2.5 as October 20, implemented Step 2 of EPAs PSD and 2011. These revisions are codified in 40
Title V Greenhouse Gas Tailoring Rule, CFR 51.166b14ic and b14iic but not the regulations that implement and 40 CFR 52.21b14ic and Step 1 of that rule. Coal. For b14iic. Lastly, the 2010 NSR Rule Responsible Regul., Inc. v. EPA, 606 F.
revised the definition of baseline area Appx 6 D.C. Cir. 2015. Step 1 of the to include a level of significance of 0.3
Tailoring Rule covers sources that are micrograms per cubic meter, annual required to obtain a PSD permit based average, for PM2.5. This change is on emissions of pollutants other than codified in 40 CFR 51.166b15i and GHGs. Step 2 applied to sources that 40 CFR 52.21b15i.
emitted only GHGs above the thresholds As previously mentioned, EPA
triggering the requirement to obtain a approved 35 IAC Part 204 into the SIP
PSD permit. The amended judgment on September 9, 2021 86 FR 50459, to preserves, without the need for fully satisfy the requirements of CAA
additional rulemaking by EPA, the section 110a2C regarding PM2.5
application of the BACT requirement to increments. Specifically, 35 IAC
GHG emissions from Step 1 or 204.900 establishes ambient air anyway sources. With respect to Step increments by Class identical to the 2 sources, the D.C. Circuits amended 2010 NSR Rule. EPA therefore finds that judgment vacated the regulations at Illinois has met this set of infrastructure issue in the litigation, including 40 CFR
SIP requirements of CAA section 51.166b48v, to the extent they 110a2C with respect to the 2012
require a stationary source to obtain a PM2.5 and 2015 ozone NAAQS.
PSD permit if greenhouse gases are the only pollutant i that the source emits d. GHG Permitting and the Tailoring or has the potential to emit above the Rule in the PSD Program applicable major source thresholds, or With respect to the requirements of ii for which there is a significant section 110a2C as well as section emission increase from a modification.
110a2J, EPA interprets the CAA to EPA is planning to take additional require each state to make an steps to revise Federal PSD rules to infrastructure SIP submission for a new address the Supreme Courts opinion or revised NAAQS that demonstrates and subsequent D.C. Circuits ruling.
that the air agency has a complete PSD
Some states have begun to revise their permitting program meeting the current existing SIP-approved PSD programs in requirements for all regulated NSR
light of these court decisions, and some pollutants. The requirements of section states may prefer not to initiate this 110a2DiII may also be satisfied process until they have more by demonstrating that the air agency has information about the planned revisions a complete PSD permitting program to EPAs PSD regulations. EPA is not correctly addressing all regulated NSR
expecting states to have revised their pollutants. As discussed below, Illinois PSD programs in anticipation of EPAs has shown that it currently has a PSD
planned actions to revise its PSD
program in place that covers all program rules in response to the court regulated NSR pollutants, including decisions. For purposes of infrastructure GHGs.
SIP submissions, EPA is only evaluating On June 23, 2014, the United States such submissions to assure that the Supreme Court issued a decision States program addresses GHGs addressing the application of PSD
consistent with both court decisions.
permitting requirements to GHG
At present, EPA has determined the emissions. Util. Air Regul. Grp. v. EPA, Illinois SIP is sufficient to satisfy CAA
573 U.S. 302, 134 S. Ct. 2427 2014.
sections 110a2C, 110a2DiII, The Supreme Court said that EPA may and 110a2J with respect to GHGs.
not treat GHGs as an air pollutant for IEPAs PSD permitting program
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stating GHGs are subject to regulation.
Additionally, 35 IAC 204.430 defines GHGs, 35 IAC 204.660 establishes significance thresholds, and 35 IAC Part 204, Subpart K establish Plantwide Applicability Limitations. Further, 35
IAC 204.490 and 204.510 specify that for major modifications and major stationary sources, significant net emission increase requirements apply to regulated NSR pollutants other than GHGs, and 35 IAC 204.1100 establishes requirements for major stationary sources and major modifications, including the application of BACT, for each regulated NSR pollutant. Hence, IEPAs approved PSD program continues to require that PSD permits issued to anyway sources contain limitations on GHG emissions based on the application of BACT. EPA finds that Illinois has met the infrastructure SIP
requirements of section 110a2C
with respect to the 2012 PM2.5 and 2015
ozone NAAQS.
D. Section 110a2DInterstate Transport Section 110a2D has two components: 110a2Di and 110a2Dii. Section 110a2Di includes four distinct components, commonly referred to as prongs, that must be addressed in infrastructure SIP
submissions. The first two prongs, which are codified in section 110a2DiI, prohibit any source or other type of emissions activity in one state from contributing significantly to nonattainment of the NAAQS in another state prong 1 and from interfering with maintenance of the NAAQS in another state prong 2. The third and fourth prongs, which are codified in section 110a2DiII, prohibit emissions activity in one state from interfering with measures required to prevent significant deterioration of air quality in another state prong 3 or from interfering with measures to protect visibility in another state prong 4.
Section 110a2Dii requires each SIP to contain adequate provisions requiring compliance with the applicable requirements of CAA section 126 and section 115 relating to interstate and international pollution abatement, respectively.
1. Significant Contribution to Nonattainment EPA previously approved Illinois good neighbor provisions on June 20, 2019 84 FR 28745, regarding PM2.5.
Comments received were addressed in the referenced approval document. EPA

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