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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Rules and Regulations finds that Illinois has met the infrastructure SIP requirements of section 110a2C with respect to the 2012 PM2.5 NAAQS.
Further, in this rulemaking, EPA is not evaluating section 110a2DiI
requirements relating to significant contribution to nonattainment for the 2015 ozone NAAQS. Instead, EPA will evaluate these requirements in a separate rulemaking.

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2. Interference With Maintenance EPA previously approved Illinois good neighbor provisions on June 20, 2019 84 FR 28745, regarding PM2.5.
EPA finds that Illinois has met the infrastructure SIP requirements of section 110a2C with respect to the 2012 PM2.5 NAAQS.
Further, in this rulemaking, EPA is not evaluating section 110a2DiI
requirements relating to significant contribution to nonattainment for the 2015 ozone NAAQS. Instead, EPA will evaluate these requirements in a separate rulemaking.
3. Interference With PSD
Illinois satisfaction of the applicable infrastructure SIP PSD requirements has been detailed in the discussion of CAA
section 110a2C above. The findings in that discussion related to PSD are consistent with the findings related to PSD for CAA section 110a2DiII
stated below.
EPA previously disapproved revisions to Illinois SIP to meet certain requirements obligated by the Phase 2
Rule and the 2008 NSR Rule. See 77 FR
65478 Oct. 29, 2012, 79 FR 62042 Oct.
16, 2014. The proposed revisions had included provisions that explicitly identify NOX as a precursor to ozone, explicitly identify SO2 and NOX as precursors to PM2.5, regulate condensable PM2.5 and PM10 in applicability determinations, regulate condensable PM2.5 and PM10 in applicability determinations for purposes of establishing emission limits, and incorporate the PM2.5
increments and the associated implementation regulations, including the major source baseline date, trigger date, and level of significance for PM2.5, as required by the 2010 NSR Rule.
However, Illinois had no further obligations to EPA because federally promulgated rules, promulgated at 40
CFR 52.21 were in effect in the State.
See id. As previously mentioned, EPA
has approved a state PSD program in Illinois to satisfy the referenced requirements of the 2008 and 2010 NSR
Rules 86 FR 50459, September 9, 2021.
Therefore, EPA finds that Illinois SIP
contains provisions that adequately
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address the infrastructure requirements for the 2012 PM2.5 and 2015 ozone NAAQS.
States also have an obligation to ensure that sources located in nonattainment areas do not interfere with a neighboring states PSD program.
This requirement can be satisfied through an NNSR program consistent with the CAA that addresses any pollutants for which there is a designated nonattainment area within the state.
Illinois EPA-approved NNSR
regulations are contained in 35 IAC Part 203 and are consistent with 40 CFR
51.165 60 FR 27411, May 24, 1995.
IEPA recently amended 35 IAC Part 203
to update the provisions in this regulation that refer to permits issued under 40 CFR 52.21 to refer to permits issued under 40 CFR 52.21 IEPAs previous FIP for issuing PSD permits or 35 IAC 204, Illinois new regulation for a state PSD permitting program as previously mentioned. Therefore, EPA
finds that Illinois has met all the applicable PSD requirements for the 2012 PM2.5 and 2015 ozone NAAQS.
4. Interference With Visibility Protection In this rulemaking, EPA is not approving or disapproving Illinois satisfaction of the visibility protection requirements of section 110a2DiII, transport prong 4, for the 2012 PM2.5 and 2015 ozone NAAQS.
Instead, EPA will evaluate Illinois compliance with these requirements in a separate rulemaking.
5. Interstate and International Pollution Abatement Section 110a2Dii requires each SIP to contain adequate provisions requiring compliance with the applicable requirements of section 126
and section 115 relating to interstate and international pollution abatement, respectively.
Section 126a requires new or modified sources to notify neighboring states of potential impacts from the source. The statute does not specify the method by which the source should provide the notification. States with SIP-approved PSD programs must have a provision requiring such notification by new or modified sources. A lack of such a requirement in state rules would be grounds for disapproval of this element.
Illinois has provisions in its recently SIP-approved PSD program in 35 IAC
252.201 requiring new or modified sources to notify neighboring states of potential negative air quality impacts and has referenced this program as
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having adequate provisions to meet the requirements of CAA section 126a.
Illinois does not have obligations under any other subsection of CAA section 126, nor does it have any pending obligations under CAA section 115.
Therefore, EPA finds that Illinois has met all applicable infrastructure SIP
requirements of CAA section 110a2Dii with respect to the 2012
PM2.5 and 2015 ozone NAAQS.
E. Section 110a2EAdequate Resources; State Board Requirements This section requires each state to provide for adequate personnel, funding, and legal authority under state law to carry out its SIP, and related issues. Section 110a2Eii also requires each state to comply with the requirements respecting state boards under section 128.
1. Adequate Resources To satisfy the adequate resources requirements of section 110a2E, the state should provide assurances that its air agency has adequate resources, personnel, and legal authority to implement the relevant NAAQS. IEPAs Performance Partnership Agreement 10
with EPA provides IEPAs assurances of resources to carry out certain air programs. The provision at 415 ILCS 54
provides IEPA with the authority to develop rules and regulations necessary to meet ambient air quality standards.
Additionally, the 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 Policy Act. The IPCB helps ensure 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. Further, as of fiscal year 2020, Illinois has satisfactorily completed its air program obligations as called for under the CAA section 105 grant, including meeting specific measures related to NSR program implementation and maintenance of an EPA-approved statewide air quality surveillance network required by section 110a2B
of the CAA. IEPA states that it currently has nine full time construction permit engineers that perform construction permit activities, and that it has an adequate revenue stream from permit fees to support such activities.
Therefore, EPA finds that Illinois has met the infrastructure SIP requirements of this portion of section 110a2E
10 https www2.illinois.gov/epa/about-us/Pages/
performance-partnership-agreement.aspx.

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