Rule2023-03456
Air Plan Approval; Illinois; Alton Township 2010 SO2 Attainment Plan
Primary source
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Published
February 21, 2023
Effective
March 23, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving the State Implementation Plan (SIP) revision which Illinois submitted to EPA on December 31, 2018, for attaining the 1-hour sulfur dioxide (SO<INF>2</INF>) primary national ambient air quality standard (NAAQS) for the Alton Township nonattainment area in Madison County. This plan (herein called a "nonattainment plan") includes Illinois' attainment demonstration and other elements required under the Clean Air Act (CAA), including the requirement for meeting reasonable further progress (RFP) toward attainment of the NAAQS, reasonably available control measures and reasonably available control technology (RACM/ RACT), base-year and projection-year emission inventories, enforceable emission limitations and control measures, nonattainment new source review (NNSR), and contingency measures. EPA is approving Illinois' submission as a SIP revision for attaining the 2010 1-hour primary SO<INF>2</INF> NAAQS in the Alton township nonattainment area, finding that Illinois has adequately demonstrated that the plan provisions provide for attainment of the NAAQS in the nonattainment area and that the plan meets the other applicable requirements under the CAA. EPA proposed to approve this action on December 30, 2022, and received no comments.
Full Text
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<title>Federal Register, Volume 88 Issue 34 (Tuesday, February 21, 2023)</title>
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[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Rules and Regulations]
[Pages 10464-10466]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03456]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0841; FRL-10489-02-R5]
Air Plan Approval; Illinois; Alton Township 2010 SO2 Attainment
Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
State Implementation Plan (SIP) revision which Illinois submitted to
EPA on December 31, 2018, for attaining the 1-hour sulfur dioxide
(SO<INF>2</INF>) primary national ambient air quality standard (NAAQS)
for the Alton Township nonattainment area in Madison County. This plan
(herein called a ``nonattainment plan'') includes Illinois' attainment
demonstration and other elements required under the Clean Air Act
(CAA), including the requirement for meeting reasonable further
progress (RFP) toward attainment of the NAAQS, reasonably available
control measures and reasonably available control technology (RACM/
RACT), base-year and projection-year emission inventories, enforceable
emission limitations and control measures, nonattainment new source
review (NNSR), and contingency measures. EPA is approving Illinois'
submission as a SIP revision for attaining the 2010 1-hour primary
SO<INF>2</INF> NAAQS in the Alton township nonattainment area, finding
that Illinois has adequately demonstrated that the plan provisions
provide for attainment of the NAAQS in the nonattainment area and that
the plan meets the other applicable requirements under the CAA. EPA
proposed to approve this action on December 30, 2022, and received no
comments.
DATES: This final rule is effective on March 23, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0841. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through <a href="http://www.regulations.gov">www.regulations.gov</a> or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Andrew Lee,
Physical Scientist, at (312) 353-7645 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Andrew Lee, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-7645,
<a href="/cdn-cgi/l/email-protection#b5d9d0d09bd4dbd1c7d0c29bd6f5d0c5d49bd2dac3"><span class="__cf_email__" data-cfemail="cfa3aaaae1aea1abbdaab8e1ac8faabfaee1a8a0b9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
Following the promulgation in 2010 of a 1-hour primary
SO<INF>2</INF> NAAQS, on June 30, 2016, EPA designated the Alton
Township area within the State of Illinois as nonattainment for this
NAAQS, in conjunction with designating multiple areas in other states
as nonattainment as part of the Agency's Round 2 designations. On
December 31, 2018, Illinois submitted a nonattainment plan for the
Alton Township area to attain the 1-hour SO<INF>2</INF> primary NAAQS.
EPA published a notice of proposed rulemaking (NPRM) approving
Illinois' attainment plan on December 30, 2022 (87 FR 80509).
The dispersion modeling results submitted by Illinois, and
supplemented by EPA, show design values that are less than the standard
of 75 parts per billion (ppb), specifically 74.9 ppb for the Alton
Township area. EPA proposed that these areas demonstrate attainment of
the 2010 SO<INF>2</INF> standard and meet the applicable requirements
of CAA sections 110, 172, 191, and 192, including emission inventories,
RACT/RACM, RFP, and contingency measures, and that Illinois has
previously addressed requirements regarding NNSR. An explanation of the
CAA requirements, a detailed analysis of the nonattainment plan for the
Alton Township area, and EPA's reasons for proposing approval were
provided in the NPRM and will not be restated here.
II. Public Comments
The public comment period for this proposed rule ended on January
30, 2023. EPA received no comments on its NPRM.
[[Page 10465]]
III. Final Action
EPA is approving Illinois' attainment plan as submitted to EPA on
December 31, 2018, as a revision to Illinois' SIP, for attaining the
2010 SO<INF>2</INF> NAAQS for the Alton Township area. As part of this
action, EPA is incorporating Illinois' Permit to Construct Number
#18020009, applicable to Alton Steel, by reference into the SIP. The
permit requires that Alton Steel operates a new ladle metallurgy
facility (LMF) stack to replace the four downward facing vents on the
individual compartments on the LMF stack. The attainment plan includes
Illinois' attainment demonstrations for the Alton nonattainment area
using dispersion modeling, and supplemented by EPA's modeling, to
demonstrate that the emission limits required by the Illinois SIP, and
submitted for EPA approval, provide for modeled concentrations meeting
the SO<INF>2</INF> NAAQS.
The attainment plan also satisfies requirements for emission
inventories, RACT/RACM, RFP, and contingency measures. Illinois has
previously addressed NNSR requirements for this area. For these
reasons, EPA has determined that Illinois' SO<INF>2</INF> attainment
plan meets the applicable requirements of CAA sections 110, 172, 191,
and 192.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Illinois
construction permit for Alton Steel, Inc., issued March 5, 2018, as
described in section III. Of this preamble and set forth in the
amendments to 40 CFR part 52 set forth below. EPA has made, and will
continue to make, these documents generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a>, and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 24, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2) of the CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: February 14, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, 40 CFR part 52 is amended
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.720:
0
a. Amend the table in paragraph (d) by adding an entry for ``Alton
Steel'' before the entry for ``Alumax Incorporated, Morris, IL''.
0
b. Amend the table in paragraph (e) under the heading ``Attainment and
Maintenance Plans'' by adding an entry for ``Sulfur dioxide (2010)
nonattainment plan'' after the entry ``Sulfur dioxide (2010)
nonattainment plans''.
The additions read as follows:
Sec. 52.720 Identification of plan.
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(d) * * *
[[Page 10466]]
EPA-Approved Illinois Source-Specific Requirements
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Order/permit State
Name of source No. effective date EPA approval date Comments
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Alton Steel.................... 18020009 3/5/2018 2/21/2023,
[INSERT Federal
Register
CITATION].
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(e) * * *
EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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Applicable
geographic or State EPA approval
Name of SIP provision nonattainment submittal date date Comments
area
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* * * * * * *
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Attainment and Maintenance Plans
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* * * * * * *
Sulfur dioxide (2010) Alton Township... 12/31/2018 2/21/2023, ...........................
nonattainment plan. [INSERT Federal
Register
CITATION].
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[FR Doc. 2023-03456 Filed 2-17-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on February 21, 2023.
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