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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Rules and Regulations
with respect to the 2012 PM2.5 and 2015
ozone NAAQS.

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2. State Board Requirements Section 110a2E also requires each SIP to set forth provisions that comply with the state board requirements of section 128 of the CAA. Specifically, this section contains two explicit requirements: i That any board or body which approves permits or enforcement orders under this chapter shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits and enforcement orders under this chapter, and ii that any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed. Further, under section 128a2, the head of the executive agency with the power to approve permits or enforcement orders must adequately disclose any potential conflicts of interest.
On January 25, 2018, IEPA submitted 35 IAC 101.112d for incorporation into the SIP, pursuant to section 128 of the CAA. This rule applies to the IPCB
which has the authority to approve permits and enforcement orders. The language found in 35 IAC 101.112d is identical to the language in CAA section 128 and was approved into the SIP on September 23, 2019 84 FR 50459.
Therefore, EPA finds that Illinois has satisfied the applicable infrastructure SIP requirements for this section of 110a2E for the 2012 PM2.5 and 2015
ozone NAAQS.
F. Section 110a2FStationary Source Monitoring System Section 110a2F contains several requirements, each of which are described below.
States must establish a system to monitor emissions from stationary sources and submit periodic emissions reports. Each SIP shall also require the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources to monitor emissions from such sources. The state plan shall also require periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and correlation of such reports by each state agency with any emission limitations or standards established pursuant to the CAA. Lastly, the reports shall be available at reasonable times for public inspection.
IEPA requires regulated sources to submit various reports, dependent on
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applicable requirements and the type of permit issued to the source. These reports are submitted to the BOAs Compliance Unit for review, and all reasonable efforts are made by IEPA to maximize the effectiveness of available resources to review the required reports 415 ILCS 54, 5 and 10. EPA finds that Illinois has met the infrastructure SIP
requirements of section 110a2F
with respect to the 2012 PM2.5 and 2015
ozone NAAQS.
G. Section 110a2GEmergency Powers Section 110a2G requires the SIP
to provide for an emergency powers authority analogous to that in section 303 of the CAA, and adequate contingency plans to implement such authority. EPAs 2013 Guidance states that infrastructure SIP submissions should specify authority, vested in an appropriate official, to restrain any source from causing or contributing to emissions which present an imminent and substantial endangerment to public health or welfare, or the environment.
Illinois has the necessary authority to address emergency episodes, and these provisions are contained in 415 ILCS 5/
34. The provision at 415 ILCS 5/43a authorizes the IEPA to request a States attorney from Illinois Attorney Generals office to seek immediate injunctive relief in circumstances of substantial danger to the environment or to the public health of persons. EPA finds that Illinois has met the infrastructure SIP
requirements of section 110a2G
with respect to the 2012 PM2.5 and 2015
ozone NAAQS.
H. Section 110a2HFuture SIP
Revisions This section requires states to have the authority to revise their SIPs in response to changes in the NAAQS, to the availability of improved methods for attaining the NAAQS, or to an EPA
finding that the SIP is substantially inadequate.
As previously mentioned, 415 ILCS 54
and 415 ILCS 5/10 provide the Director of IEPA, in conjunction with IPCB, with the authority to develop rules and regulations necessary to meet ambient air quality standards. Furthermore, they have the authority to respond to any EPA findings of inadequacy with the Illinois SIP program. EPA finds that Illinois has met the infrastructure SIP
requirements of section 110a2H
with respect to the 2012 PM2.5 and 2015
ozone NAAQS.

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I. Section 110a2INonattainment Planning Requirements of Part D
The CAA requires that each plan or plan revision for an area designated as a nonattainment area meet the applicable requirements of part D of the CAA. Part D relates to nonattainment areas.
EPA has determined that section 110a2I is not applicable to the infrastructure SIP process. Instead, EPA
will take action on Illinois part D
attainment plans through separate processes.
J. Section 110a2JConsultation With Government Officials; Public Notification; PSD; Visibility Protection The evaluation of the submission from Illinois with respect to the requirements of section 110a2J are described below.
1. Consultation With Government Officials States must provide a process for consultation with local governments and Federal Land Managers FLMs carrying out NAAQS implementation requirements.
IEPA is required to give notice to the Office of the Attorney General and the Illinois Department of Natural Resources during the rulemaking process per 35 IAC Part 102.
Furthermore, Illinois provides notice to reasonably anticipated stakeholders and interested parties, as well as to any FLM, if the rulemaking applies to Federal land which the FLM has authority over. Additionally, IEPA
participates in the Lake Michigan Air Directors Consortium LADCO, which consists of collaboration with EPA and the States of Indiana, Michigan, Minnesota, Ohio, and Wisconsin. IEPA
also consults with Missouri through a process established in a Memorandum of Agreement. EPA finds that Illinois has satisfied the infrastructure SIP
requirements of this portion of section 110a2J with respect to the 2012
PM2.5 and 2015 ozone NAAQS.
2. Public Notification Section 110a2J also requires states to notify the public if NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedances. IEPA
continues to collaborate with the Cook County Department of Environmental Control. This consists of continued and routine monitoring of air quality throughout the state and notifying the public when unhealthy air quality is measured or forecasted. IEPA actively populates EPAs AIRNOW program and distributes the information to interested
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