Proposed Rule2024-23164
Air Plan Approval; Illinois; Alton Township 2010 Sulfur Dioxide Redesignation and Maintenance Plan
Primary source
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Published
October 8, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to redesignate the Alton Township nonattainment area in Madison County, Illinois to attainment for the 2010 sulfur dioxide (SO<INF>2</INF>) National Ambient Air Quality Standard (NAAQS). EPA is also proposing to approve Illinois' maintenance plan for the area. Illinois submitted the request for approval on October 2, 2023. Additionally, EPA is proposing to determine the Alton Township area attained the 2010 SO<INF>2</INF> NAAQS by the September 12, 2021, attainment date, fulfilling EPA's obligation under the Clean Air Act (CAA) to determine whether the area attained the relevant NAAQS standard within six months of the attainment date.
Full Text
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<title>Federal Register, Volume 89 Issue 195 (Tuesday, October 8, 2024)</title>
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[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Proposed Rules]
[Pages 81409-81416]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23164]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2023-0498; FRL-12265-01-R5]
Air Plan Approval; Illinois; Alton Township 2010 Sulfur Dioxide
Redesignation and Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
redesignate the Alton Township nonattainment area in Madison County,
Illinois to attainment for the 2010 sulfur dioxide (SO<INF>2</INF>)
National Ambient Air Quality Standard (NAAQS). EPA is also proposing to
approve Illinois' maintenance plan for the area. Illinois submitted the
request for approval on October 2, 2023. Additionally, EPA is proposing
to determine the Alton Township area attained the 2010 SO<INF>2</INF>
NAAQS by the September 12, 2021, attainment date, fulfilling EPA's
obligation under the Clean Air Act (CAA) to determine whether the area
attained the relevant NAAQS standard within six months of the
attainment date.
DATES: Comments must be received on or before November 7, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2023-0498 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#f091828291de8391829198b0958091de979f86"><span class="__cf_email__" data-cfemail="0d6c7f7f6c237e6c7f6c654d687d6c236a627b">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit to EPA's
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you consider to
be Confidential Business Information (CBI), Proprietary Business
Information (PBI), or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e. on the web, cloud, or
other file sharing system). For additional submission methods, please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section. For the full EPA public comment policy, information about CBI,
PBI, or multimedia submissions, and general guidance on making
effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Cecilia Magos, Air and Radiation
Division (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-7336,
<a href="/cdn-cgi/l/email-protection#4e232f29213d602d2b2d2722272f0e2b3e2f60292138"><span class="__cf_email__" data-cfemail="3e535f59514d105d5b5d5752575f7e5b4e5f10595148">[email protected]</span></a>. The EPA Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
[[Page 81410]]
I. Background and Redesignation Requirements
On June 22, 2010 (75 FR 35520), EPA revised the primary
SO<INF>2</INF> NAAQS, establishing a new health-based 1-hour standard
of 75 parts per billion (ppb). EPA promulgated designations for this
standard in four rounds. On September 18, 2015, Illinois submitted its
recommendations to EPA to designate certain areas of the State as part
of the Round 2 designations. Illinois recommended a portion of southern
Alton Township in Madison County be designated as nonattainment for the
2010 SO<INF>2</INF> NAAQS. EPA concurred with Illinois' analysis and
published a final action designating the area as nonattainment for the
2010 SO<INF>2</INF> NAAQS effective September 12, 2016 (81 FR 45039).
Illinois submitted an attainment plan for the Alton Township
nonattainment area on December 3, 2018. Under section 192(a) of the
CAA, these plans are required to demonstrate that areas will attain the
NAAQS as expeditiously as practicable, but no later than five years
from the effective date of designation. The plan included modeling from
emissions associated with the Alton Steel Inc. (Alton Steel) facility
in Alton, Illinois, and emissions from the Ameren Missouri-Sioux Energy
Center (Ameren-Sioux) power plant in Missouri, located about 13
kilometers west-northwest of the nonattainment area. The modeled
emissions showed the nonattainment status of the area was mainly
attributed to these two SO<INF>2</INF> sources. Unlike the Round 2
designations modeling, the Alton Township attainment demonstration did
not include the Wood River Power Station among the sources modeled due
to the retirement of the facility in June 2016 and its demolition in
February 2021. On March 14, 2019, after Illinois' submission of the
attainment plan, the Illinois Environmental Protection Agency issued
Construction Permit #18020009 for the Alton Steel facility to operate a
new ladle metallurgy facility (LMF) stack, removing the downfacing
vents that were contributing to modeled nonattainment at the facility.
EPA included additional dispersion modeling to supplement Illinois'
attainment demonstration to demonstrate that the emission limits
required by the Illinois SIP and submitted for EPA approval provide for
modeled concentrations meeting the 2010 SO<INF>2</INF> NAAQS. EPA
approved Illinois' attainment plan revision on February 21, 2023 (88 FR
10464). Additionally, under section 179(c)(1) of the CAA, EPA is
required to determine whether a nonattainment area attained a standard
by the applicable attainment date based on the area's air quality as of
the attainment date. EPA is to issue this determination within six
months of the attainment date. Thus, EPA had a mandatory duty under CAA
section 179(c) to determine by March 12, 2022, whether the Alton
Township area attained by September 12, 2021. As an additional action,
EPA is proposing to determine the Alton Township area did attain the
2010 SO<INF>2</INF> NAAQS by the attainment date of September 12, 2021.
On October 2, 2023, Illinois submitted a redesignation request and
maintenance plan for the Alton Township nonattainment area for the 2010
SO<INF>2</INF> NAAQS. Additionally, on March 31, 2022, Missouri adopted
into its SIP a Consent Agreement between the Missouri Department of
Natural Resources' Air Pollution Control Program and Ameren-Sioux,
APCP-2021-018. EPA approved the revision to incorporate the Ameren-
Sioux Consent Agreement on November 16, 2022 (87 FR 68634),
establishing an enforceable SO<INF>2</INF> emissions limit for two
coal-fired boilers at the facility. See Appendix B of the State's
submittal included in the public docket of this action--Ameren-Sioux
Consent Agreement. The submitted redesignation request and maintenance
plan includes the Construction Permit issued to Alton Steel and the
Consent Agreement issued to Ameren-Sioux approved into the Missouri SIP
(87 FR 68634, November 16, 2022) with accepted SO<INF>2</INF> emissions
limits. While the Ameren-Sioux facility is not in the Alton Township
nonattainment area, Illinois included this facility in their modeling
due to its close proximity to the nonattainment area and high
SO<INF>2</INF> emissions, using information provided by the Missouri
Department of Natural Resources. EPA's supplemental modeling with the
updated limit of 7,342 pounds per hour (lbs/hr) averaged over a 24-hour
block period for the Ameren-Sioux facility outlined in the Consent
Agreement, provided for attainment of the 2010 SO<INF>2</INF> NAAQS,
and thus is included in Illinois' submittal.
Under section 107(d)(3)(E) of the CAA, EPA may not promulgate a
redesignation of a nonattainment area (or portion thereof) unless:
1. EPA has determined that the area has attained the NAAQS;
2. EPA has fully approved the applicable implementation plan for
the area under section 110(k) of the CAA;
3. EPA has determined that improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from
implementation of the applicable implementation plan and applicable
Federal air pollution control regulations and other permanent and
enforceable reductions;
4. EPA has fully approved a maintenance plan for the area under
section 175A of the CAA; and
5. The State containing such area has met all requirements
applicable to the area under section 110 of the CAA and part D.
II. Evaluation of Illinois' Redesignation Request and Maintenance Plan
On October 2, 2023, Illinois submitted a redesignation request for
the Alton Township 2010 SO<INF>2</INF> nonattainment area to attainment
and a SIP revision containing a maintenance plan for the area.
EPA's evaluation of Illinois' redesignation request and maintenance
plan was based on consideration of the five redesignation criteria
provided under CAA section 107(d)(3)(E).
Criteria (1)--The Alton Township SO2 Nonattainment Area Has Attained
the 2010 SO2 NAAQS
In accordance with CAA section 107(d)(3)(E)(i), for redesignation
of a nonattainment area to attainment, the CAA requires EPA to
determine that the area has attained the applicable NAAQS. An area is
attaining the 2010 SO<INF>2</INF> NAAQS at an ambient air quality
monitoring site, in accordance with 40 CFR 50.17 and appendix T of part
50, when the three-year average of the annual (99th percentile) of the
daily maximum 1-hour average concentrations is less than or equal to 75
ppb. As stated in EPA's April 23, 2014, ``Guidance for 1-Hour
SO<INF>2</INF> Nonattainment Area SIP Submissions'' (``April 2014
SO<INF>2</INF> Guidance''), there are two components needed to support
an attainment determination: (1) a review of representative air quality
monitoring data located in the area of maximum concentration; and (2) a
further analysis, where there are no monitors, using air quality
dispersion modeling, which will generally be needed to estimate
SO<INF>2</INF> concentrations throughout the nonattainment area to
demonstrate that the entire area is attaining the applicable NAAQS,
based on current actual emissions or the fully implemented control
strategy.\1\ The April 2014 SO<INF>2</INF> Guidance further states that
dispersion modeling should be
[[Page 81411]]
conducted to estimate SO<INF>2</INF> concentrations throughout the
nonattainment area using actual emissions and meteorological
information for the most recent 3 calendar years. EPA considered
Illinois' modeling analyses submitted in the State's attainment plan
which incorporated reductions in allowable emissions without the LMF
stack changes to Alton Steel, which showed Alton Steel was the
principal contributor to the highest modeled violations. Subsequently,
EPA considered the modeling analyses with changes to the LMF exhaust
configuration as described in Illinois' Construction Permit issued to
Alton Steel. This analysis determined that after changes to the LMF
exhaust stack in Alton Steel, the analysis still modeled violations of
the 2010 SO<INF>2</INF> NAAQS that were primarily due to the Ameren-
Sioux facility. New SO<INF>2</INF> emission limits were established
under the Ameren-Sioux Consent Agreement (87 FR 68634, November 16,
2022), and EPA conducted supplementary modeling that incorporated both
of these new limits and the changes to the LMF exhaust stack at Alton
Steel. The supplementary modeling showed design values that are below
the 2010 SO<INF>2</INF> NAAQS for the Alton Township area.
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\1\ EPA's ``Guidance for 1-Hour Sulfur Dioxide (SO<INF>2</INF>)
Nonattainment Area State Implementation Plans (SIP) Submissions''
can be found at <a href="https://www.epa.gov/so2-pollution/guidance-1-hour-sulfur-dioxide-so2-nonattainment-area-state-implementation-plans-sip">https://www.epa.gov/so2-pollution/guidance-1-hour-sulfur-dioxide-so2-nonattainment-area-state-implementation-plans-sip</a>.
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The April 2014 SO<INF>2</INF> Guidance provides an extensive
discussion of EPA's view that appropriately set comparably stringent
limits based on averaging times as long as 30 days can be found to
provide for attainment of the 2010 SO<INF>2</INF> NAAQS. The April 2014
SO<INF>2</INF> Guidance also offers specific recommendations for
determining an appropriate longer-term average limit. Illinois' plan
applies 1-hour average emission limits to Alton Steel. However,
Illinois' attainment plan also considers the impact of an additional
facility, Ameren-Sioux, that is subject to a 24-hour block average
limit. In response, EPA provided additional discussion of its rationale
for approving the use of longer-term average limits in plans designed
to provide for attainment. More detail on EPA's analysis of the
attainment plan for the Alton Township area can be found in the
attainment plan approval (88 FR 10464, February 21, 2023).
Under 40 CFR 50.17(b), the 2010 SO<INF>2</INF> NAAQS is met at an
ambient air quality monitoring site when the three-year average of the
annual (99th percentile) daily maximum 1-hour average concentrations is
less than or equal to 75 ppb, as determined in accordance with appendix
T of 40 CFR part 50, at all relevant monitoring sites in the subject
area. In a year with 365 days of valid monitoring data, the 99th
percentile would be the fourth highest daily maximum 1-hour value.
Attainment demonstrations for the 2010 SO<INF>2</INF> NAAQS should
demonstrate future attainment and maintenance of the NAAQS in the
entire area designated as nonattainment (i.e., not just at the
violating monitor) by using air quality dispersion modeling (see
appendix W to 40 CFR part 51) to show that the mix of sources and
enforceable control measures and emission rates in an identified area
will not lead to a violation of the 2010 SO<INF>2</INF> NAAQS.
Illinois' redesignation request for the Alton Township nonattainment
area relied upon the demonstration of attainment based on air
dispersion modeling, which Illinois submitted to EPA as part of its
December 2018 attainment SIP submittal. For a short-term (i.e., 1-hour)
standard, dispersion modeling, using allowable emissions and addressing
stationary sources in the affected area (and in some cases those
sources located outside the nonattainment area which may affect
attainment in the area), is technically appropriate, efficient, and
effective in demonstrating attainment in nonattainment areas because it
takes into consideration combinations of meteorological and emission
source operating conditions that may contribute to peak ground-level
concentrations of SO<INF>2.</INF>
Preferred air quality models for use in regulatory applications are
described in appendix A of EPA's Guideline on Air Quality Models (40
CFR part 51, appendix W). In 2005, EPA promulgated AERMOD as the
Agency's preferred near-field dispersion modeling for a wide range of
regulatory applications addressing stationary sources (for example, in
estimating SO<INF>2</INF> concentrations) in all types of terrain based
on extensive developmental and performance evaluation. To support the
SIP for bringing the Alton area into attainment of the 2010
SO<INF>2</INF> NAAQS, EPA assisted Illinois by conducting a modeling
demonstration of the Alton area with updated emissions data relied upon
in the model and by correcting the source characterization. Because
Illinois' submittal predated the updated SO<INF>2</INF> emissions limit
at the Ameren-Sioux facility necessary to model attainment in the area,
EPA updated the emissions data at Ameren-Sioux in the supplemental
model and corrected any other deficiencies in the emissions data.
Additional updates and modifications in EPA's modeling analysis
included: updated AERMOD version from version 18081 to 21112 (the most
recent available version at the time), updated stack parameters to
current operating conditions, and adjusted emission rates for the
Ameren-Sioux facility to account for longer-term average limits. EPA
used Illinois' receptor grid, meteorological surface and upper air
stations, model settings, and some source parameters to develop the
modeling demonstration. See Alton SO<INF>2</INF> Nonattainment Plan
TSD, 87 FR 80509 (December 30, 2022). EPA used AERMOD version 21112,
the most recent version of the AERMOD Modeling System available at the
time, for the modeling analysis. In the time since the modeling was
conducted by Illinois and later supplemented by EPA using AERMOD
version 21112, EPA has released two AERMOD version updates. AERMOD
22112 was released in 2022 to replace the regulatory version 21112 and
was a routine release that does not include any scientific updates to
the regulatory formulation of AERMOD as described in appendix W.\2\ In
2023, AERMOD 23132 replaced the regulatory version 22112 which included
small bug fixes and enhancements.\3\ Currently, AERMOD 23132 is the
most recent available version. However, EPA does not require Illinois
to use the current AERMOD version as Illinois used the AERMOD version
that was most recent at the time it was developing the SIP and
determining SO<INF>2</INF> emission limits.
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\2\ See AERMOD Modeling System Transmittal Memorandum (v22112)
<a href="https://gaftp.epa.gov/Air/aqmg/SCRAM/models/preferred/aermod/AERMOD_22112_Transmittal_Memo.pdf">https://gaftp.epa.gov/Air/aqmg/SCRAM/models/preferred/aermod/AERMOD_22112_Transmittal_Memo.pdf</a>.
\3\ See AERMOD Modeling System Transmittal Memorandum (v23132)
<a href="https://gaftp.epa.gov/Air/aqmg/SCRAM/models/preferred/aermod/AERMOD_23132_Transmittal_Memo.pdf">https://gaftp.epa.gov/Air/aqmg/SCRAM/models/preferred/aermod/AERMOD_23132_Transmittal_Memo.pdf</a>.
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Illinois' modeled demonstration of attainment for the Alton
Township area was discussed in detail in EPA's proposed approval of the
Alton Township SO<INF>2</INF> attainment plan. See 87 FR 80509,
(December 30, 2022). Illinois' original modeling submitted included
Ameren-Sioux maximum allowable emissions and the reconfigured LMF stack
emissions for Alton Steel, which yielded a maximum predicted 99th
percentile 1-hour average concentration of 298.5 micrograms per cubic
meter ([micro]g/m\3\). EPA conducted a supplemental modeling run to
evaluate the reconfigured stack requirements at Alton Steel in
combination with Ameren-Sioux's updated 7,342 lbs SO<INF>2</INF>/hr 24-
hour block limit found in the Missouri SIP (87 FR 68634, November 16,
2022). EPA's modeling demonstrated that the Alton area showed a design
value of 74.9 ppb (196.2 [micro]g/m\3\) with the revised SO<INF>2</INF>
emission limits that will provide for attainment based on the new
requirements for Alton Steel and
[[Page 81412]]
Ameren-Sioux, which are both permanently and federally enforceable. As
mentioned above, the changes at the Alton Steel facility were
construction changes to the LMF stack parameters to be completed by
July 31, 2019, modifying the dispersion of emissions, and they did not
alter existing operating emission limit conditions that the
reconfigured LMF stack was already subject to and approved for in the
approved attainment plan. Stack test results of the LMF at the Alton
Steel facility prior to construction of the modified LMF stack show
compliance with the permitted values, as do updated stack test results
of the LMF stack upon construction completion as shown in Table 1. EPA
concluded that Illinois' modeling is a suitable demonstration that its
requirements in the Construction Permit for Alton Steel and all other
Illinois sources in the nonattainment area were properly addressed in
the attainment plan. EPA's supplemental modeling demonstrated that the
updated 24-hour block limit for Ameren-Sioux of 7,342 lbs/hr in
combination with updated emissions at Alton Steel provide for
attainment and is the primary basis to conclude that the area is
attaining the 2010 SO<INF>2</INF> NAAQS.
EPA has also considered additional information which supports its
proposed determination that the area has attained the NAAQS, including
annual SO<INF>2</INF> emissions from the Alton Steel facility shown in
Table 2. The annual tons per year emissions at the Alton facility show
a decreasing trend overall. Annual SO<INF>2</INF> emissions from the
Ameren-Sioux facility found in Table 2 also show a decreasing trend
overall. EPA included data from the Ameren-Sioux facility showing that
hourly emissions with a 24-hour average, are at or below the newly
established limit of 7,342 lbs/hr, and have been since 2017. These data
are included in the docket of this action.\4\ In this action, EPA is
proposing to find that the Alton Township area has attained and will
continue to attain the 2010 SO<INF>2</INF> NAAQS with respect to the
redesignation criteria under CAA section 107(d)(3)(E)(i).
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\4\ See Ameren Sioux (MO) Facility Emissions Data 2016-2023.xlsx
in the docket.
Table 1--Alton Steel-LMF SO2 Emission Unit Stack Test Results for 2017 and 2020
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Permit limit 2017 2020 Units
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0.10................................... >0.05 0.06 Lbs/ton.
11.20.................................. >2.86 5.40 Lbs/hr.
37.50.................................. >4.75 23.70 Ton/yr.
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Table 2--Facility Annual SO2 Emissions
[In tons]
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2016 2017 2018 2019 2020 2021 2022 2023
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Alton Steel Inc................................. 41.90 45.39 51.43 49.20 44.62 21.80 16.33 14.83
Ameren Sioux.................................... 3,182.70 2,722.27 2,276.18 2,119.18 1,199.51 1,972.73 1,676.36 901.89
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Additionally, with respect to nonattainment area requirements under
CAA section 179(c), EPA is proposing to determine the Alton Township
area attained the 2010 SO<INF>2</INF> NAAQS by the area's attainment
date of September 12, 2021. This is based on the information provided
above, including the stack construction date in 2019 and emissions data
shown to be below emission limits during and after the attainment
period. Because this a separate CAA requirement, EPA may choose to
finalize this determination separately, as this is not a redesignation
criterion, but rather, just relying on the same set of facts.
Criteria (2) and Criteria (5)--Illinois Has Met All Applicable
Requirements Under CAA Section 110 and Part D of the CAA, and EPA Has
Fully Approved the Applicable Implementation Plan Under CAA Section
110(k)
For redesignating a nonattainment area to attainment under a NAAQS,
a State must have met all applicable requirements (CAA section
107(d)(3)(E)(v)), and EPA must have fully approved the applicable
implementation plan (CAA section 107(d)(3)(E)(ii)). EPA's long-standing
interpretation of the CAA is that not every requirement under CAA
section 110 and part D are applicable for purposes of CAA section
107(d)(3)(E)(ii) and (v). The Agency's interpretation of the statute
limiting evaluation of section 110 and part D requirements to only
those that are applicable for purposes of redesignation was first
articulated shortly after the passage of the 1990 CAA Amendments in
Agency guidance documents, and has been consistently applied in notice-
and-comment redesignation actions over the last three decades.
Many of the section 110 elements that are unrelated to an area's
SO<INF>2</INF> attainment status are not applicable requirements for
purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated to attainment of the 2010
SO<INF>2</INF> NAAQS. For example, the CAA section 110(a)(2)(D)
interstate transport requirements for a State are not linked with a
nonattainment area's designation and classification in that State, and
continue to apply to States regardless of the designation status of
areas within that State. However, even though many of the section 110
requirements are not applicable for purposes of redesignation, EPA has
in any case approved most elements of Illinois' section 110
infrastructure SIP. See infrastructure SIP approval, 79 FR 62042
(October 16, 2014); revisions to Prevention of Significant
Deterioration (PSD) and Nonattainment New Source Review (NSR) programs,
87 FR 20715 (April 8, 2022); State board requirements, 84 FR 49671
(September 23, 2019); and emission limits of pollutants relevant to the
2010 SO<INF>2</INF> NAAQS, 80 FR 29535 (May 22, 2015).
EPA also proposes to determine that Illinois has met and EPA has
fully approved those part D requirements that are applicable for
purposes of redesignation. Part D is comprised of the general
nonattainment area plan requirements in subpart 1 (section 172) as well
as pollutant specific subparts, including section 191 (or subpart 5),
which applies to areas designated
[[Page 81413]]
nonattainment for SO<INF>2</INF>, nitrogen dioxide, or lead. While some
nonattainment planning requirements are not applicable for purposes of
CAA section 107(d)(3)(E)(ii) and (v) for areas that are attaining the
NAAQS, Illinois has in any case submitted a complete attainment plan
and EPA has fully approved that plan, including emissions inventories,
Reasonably Available Control Technology/Reasonably Available Control
Measures, Reasonable Further Progress (RFP), and contingency measures.
On February 21, 2023 (88 FR 10464), EPA approved Illinois'
attainment SIP for the Alton Township area including the operation of a
new LMF stack at Alton Steel and revised emission limits for Ameren-
Sioux, which are the main SO<INF>2</INF> sources affecting the Alton
Township area. In that action, EPA found that Illinois had satisfied
requirements for providing for attainment of the 2010 SO<INF>2</INF>
NAAQS in the Alton Township area. The adopted SO<INF>2</INF> SIP
regulations for Alton Steel and Ameren-Sioux are contained in the
Construction Permit for Alton Steel and the Ameren-Sioux Consent
Agreement, respectively. Illinois has shown that it maintains an active
enforcement program to ensure ongoing compliance with these
requirements. Illinois' programs for NSR and PSD will address emissions
from potential new sources in the area (57 FR 59928, December 17, 1992;
60 FR 49780, September 27, 1995; 68 FR 25504, May 13, 2003). Missouri
also maintains an active enforcement program under the Revised Statutes
of Missouri section 643.080 to ensure ongoing compliance.
In its attainment plan, Illinois chose 2017 for its base year
emissions inventory as comprehensive data were available and updated
that year, satisfying the requirements of section 172(c)(3) of the CAA.
Illinois additionally examined whether any large sources beyond 10
kilometers of the nonattainment area might also have significant air
quality impacts in the area, resulting in the addition of Ameren-Sioux
to the inventory. Illinois' SO<INF>2</INF> emissions data identified
Alton Steel and Ameren-Sioux as the main contributors to the
nonattainment status for the Alton Township area.
Section 176(c) of the CAA requires States to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirements to determine conformity applies to transportation plans,
programs, and projects that are developed, funded, or approved under
title 23 of the United States Code (U.S.C.) or the Federal Transit Act
(49 U.S.C. 1601) (transportation conformity) as well as to all other
federally supported or funded projects (general conformity). State
transportation conformity SIP revisions must be consistent with Federal
conformity regulations relating to consultation, enforcement, and
enforceability that EPA promulgated pursuant to its authority under the
CAA. EPA's longstanding interpretation of the CAA is that because CAA
section 176(c) conformity requirements continue to apply after areas
are redesignated to attainment, whether or not the area has met that
requirement is not a prerequisite to getting redesignated. In addition,
based on EPA's April 2014 SO<INF>2</INF> Guidance, transportation
conformity only applies to SO<INF>2</INF> SIPs if transportation-
related emissions of SO<INF>2</INF> as a precursor are a significant
contributor to a fine particulate matter (PM<INF>2.5</INF>)
nonattainment problem, or if the SIP has established an approved or
adequate budget for such emissions as part of the RFP, attainment or
maintenance strategy, neither of which apply to the Alton Township
area. EPA concluded that highway and transit vehicles are not
significant sources of SO<INF>2</INF> in this area. As a result,
transportation conformity determinations are not required in the Alton
Township SO<INF>2</INF> maintenance area. Therefore, transportation
plans, transportation improvement programs and projects are presumed to
conform to applicable implementation plans for SO<INF>2</INF>. With
respect to general conformity, Federal agencies are still required to
address general conformity in the Alton Township SO<INF>2</INF>
maintenance area.
Based on the above findings, EPA is proposing to find that Illinois
has met the applicable requirements of section 110 and part D of title
I of the CAA for purposes of the redesignation of the Alton Township
nonattainment area, and EPA has fully approved the applicable
implementation plan for such area.
Criteria (3)--The Air Quality Improvement in Alton Township SO2
Nonattainment Area Is Due to Permanent and Enforceable Emission
Reductions
To redesignate an area from nonattainment to attainment, section
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air
quality improvement in the area is due to permanent and enforceable
reductions in emissions resulting from the implementation of the SIP
and applicable Federal air pollution control regulations and other
permanent and enforceable emission reductions. Illinois' attainment
plan incorporates the Alton Steel Construction Permit (88 FR 10464,
February 21, 2023) which requires the operation of a new LMF stack and
does not change any existing requirements that apply to the furnace in
the LMF, including the permitted emission unit limits which the Alton
Steel facility was already subject to. The permit approved the
construction of a new LMF stack to be finalized no later than July 31,
2019. The facility continues to meet existing SO<INF>2</INF> emission
limits that do not exceed 0.10 pound per ton of steel produced, 11.20
lbs/hr, and 37.50 tons per year as shown in Table 1 above. EPA has
included these emission limits and source configuration requirements in
the approval of Illinois' SIP on February 21, 2023 (88 FR 10464), which
will also render them federally enforceable. For Ameren-Sioux, a new
limit was approved into the Missouri SIP establishing a more stringent
limit of 7,342 lbs/hr averaged over a 24-hour block period. EPA
approved Ameren-Sioux's new limit in a different rulemaking on November
16, 2022 (87 FR 68634). The updated EPA modeling in Illinois'
attainment plan approval (88 FR 10464, February 21, 2023) included the
change in emissions at both Alton Steel and Ameren-Sioux and showed
attainment of the 2010 SO<INF>2</INF> standard throughout the Alton
Township area. EPA is proposing to find, consistent with our approval
of the State's attainment plan, that the modeling results demonstrate
attainment and continued maintenance of the 2010 SO<INF>2</INF> NAAQS
and that the air quality improvement in the Alton Township
nonattainment area is due to permanent and enforceable reductions in
emissions.
Criteria (4)--The Alton Township SO2 Nonattainment Area Has a Fully
Approved Maintenance Plan Pursuant to Section 175A
As a part of a State's maintenance plan, the air agency should
develop an attainment emissions inventory to identify the level of
emissions in the affected area which is sufficient to attain and
maintain the SO<INF>2</INF> NAAQS.\5\ In its redesignation request,
Illinois provided an emissions inventory for SO<INF>2</INF> in the
nonattainment area for 2022, one of the years making up the attaining
design value. Total actual emissions in the Alton Township area for the
2022 attainment year were 2,691.88 tons. This level of emissions, in
combination with modifications at the Alton Steel facility,
[[Page 81414]]
are sufficient to maintain the NAAQS. In its attainment plan, Illinois
reported that total actual SO<INF>2</INF> emissions for the
nonattainment area from 2017, a year during which the area was not
attaining the NAAQS, were 4,280.97 tons. Construction of a new LMF
stack at the Alton Steel facility to replace four downward facing
vents, as well as the Consent Order limit of 7,342 lbs/hr averaged over
a 24-hour block period accepted by the Ameren-Sioux power plant, led to
decreases in actual SO<INF>2</INF> emissions by over 1,580 tons in the
Alton Township area between 2017 and 2022. Previously, EPA's modeling
for the Alton Township area based on maximum allowable levels at Alton
Steel and updated limits on Ameren-Sioux already incorporated into the
Illinois SIP and Missouri SIP respectively, resulted in a design value
of 74.9 ppb, below the SO<INF>2</INF> NAAQS. See Alton SO<INF>2</INF>
Nonattainment Plan TSD, 87 FR 80509 (December 30, 2022).
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\5\ See April 2014 SO<INF>2</INF> Guidance, page 66.
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Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least ten years after the nonattainment
area is redesignated to attainment. Eight years after the
redesignation, the State must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the
ten years following the initial ten-year period. To address the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures, which EPA deems necessary to ensure
prompt correction of any future 2010 SO<INF>2</INF> NAAQS violations.
Specifically, the maintenance plan should address five
requirements: the attainment emissions inventory, maintenance
demonstration, monitoring, verification of continued attainment, and a
contingency plan. EPA is proposing to determine that Illinois'
redesignation request of October 2, 2023, contains its maintenance plan
and all the necessary components, which Illinois has committed to
review eight years after the redesignation.
As a part of a State's maintenance plan, the air agency should
develop an attainment emissions inventory to identify the level of
emissions in the affected area which is sufficient to attain and
maintain the SO<INF>2</INF> NAAQS.\6\ In its redesignation request,
Illinois provided an emissions inventory for SO<INF>2</INF> in the
nonattainment area for 2022, one of the years making up the attaining
design value. Total actual emissions in the Alton Township area for the
2022 attainment year were 2,691.88 tons. This level of emissions, in
combination with modifications at the Alton Steel facility, are
sufficient to maintain the NAAQS. In its attainment plan, Illinois
reported that total actual SO<INF>2</INF> emissions for the
nonattainment area from 2017, a year during which the area was not
attaining the NAAQS, were 4,280.97 tons. Construction of a new LMF
stack at the Alton Steel facility to replace four downward facing
vents, as well as the Consent Order limit of 7,342 lbs/hr averaged over
a 24-hour block period accepted by the Ameren-Sioux power plant, led to
decreases in actual SO<INF>2</INF> emissions by over 1,580 tons in the
Alton Township area between 2017 and 2022. Previously, EPA's modeling
for the Alton Township area based on maximum allowable levels at Alton
Steel and updated limits on Ameren-Sioux already incorporated into the
Illinois SIP and Missouri SIP respectively, resulted in a design value
of 74.9 ppb, below the SO<INF>2</INF> NAAQS. See Alton SO<INF>2</INF>
Nonattainment Plan TSD, 87 FR 80509 (December 30, 2022).
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\6\ See April 2014 SO<INF>2</INF> Guidance, page 66.
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EPA's ``Procedures for Processing Requests to Redesignate Areas to
Attainment'' (Calcagni Memo) \7\ describes two ways for a State to
demonstrate maintenance of the NAAQS following the redesignation of the
area: (1) the State can show that future emissions of a pollutant will
not exceed the level of the attainment inventory, or (2) the State can
model to show that the future mix of sources and emission rate will not
cause a violation of the standard. In both instances, the demonstration
should be for a period of 10 years following the redesignation.
Furthermore, the plan should contain a summary of air quality
concentrations resulting from control measures implemented where
modeling is relied upon to demonstrate maintenance. Illinois'
maintenance demonstration consists of the attainment SIP air quality
modeling analysis showing that the emissions reductions now in effect
in the Alton Township area will provide for attainment of the 2010
SO<INF>2</INF> NAAQS. The permanent and enforceable SO<INF>2</INF>
emission reductions described above ensure that the area emissions will
be equal to or less than the emission levels that were evaluated in the
air quality modeling analysis, and Illinois' enforceable emission
requirements will ensure that the Alton Township area SO<INF>2</INF>
emission limits are met continuously.
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\7\ Calcagni, John, Director, Air Quality Management Division,
EPA Office of Air Quality Planning and Standards, ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' September
4, 1992.
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By providing actual emissions data from Alton Steel and Ameren-
Sioux, the main sources of SO<INF>2</INF>, from a time period when the
area was not meeting the NAAQS and from a time period when the area was
attaining the NAAQS, Illinois demonstrates a 52 percent and 38 percent
reduction in actual annual SO<INF>2</INF> emissions at Alton Steel and
Ameren-Sioux, respectively. Illinois' submittal shows that actual
annual Alton Steel SO<INF>2</INF> emissions in 2022 were 48 percent of
the actual emissions in 2017 and shows actual annual 2022 Ameren-Sioux
SO<INF>2</INF> emissions were 62 percent of the actual emissions in
2017. EPA's modeling described in the Criteria 4 section above, shows
by modeling that modified LMF exhaust configuration at Alton Steel in
addition to the newly imposed consent agreement SO<INF>2</INF> limits
for Ameren-Sioux, which are federally enforceable, result in the area
maintaining attainment of the SO<INF>2</INF> NAAQS.
For continuing verification, Illinois has committed to track the
emissions and compliance status of the major facilities in the Alton
Township area so that future emissions will not exceed the allowable
emissions-based attainment inventory. All major sources in Illinois are
required to submit annual emissions data, which the State uses to
update its emission inventories as required by the CAA. The Alton Steel
facility must submit annual compliance certifications to ensure the
facility is meeting its SIP limits and the facility must submit a semi-
annual Monitoring Report to the Illinois EPA, Air Compliance Section,
summarizing required monitoring done and identifying all instances of
deviation from the permit.
Illinois has also committed to continue operating an ``appropriate
air quality monitoring network to verify maintenance of the attainment
status'' of the Alton Township area. However, the closest monitor to
the Alton area is the East St. Louis monitor (AQS ID: 17-163-0010,
coordinates: 38.61203-90.16048) approximately 30 kilometers south of
the Alton Steel facility. As such, Illinois commits to providing EPA
with annual emissions report of the newly constructed Alton Steel LMF
stack as part of Illinois' annual network plan submittal to provide
ongoing verification of attainment. The Ameren-Sioux facility is
subject to annual emissions data reporting under EPA's Federal
emissions trading programs and,
[[Page 81415]]
therefore, data are readily accessible via EPA's Clean Air Markets
Program Division's database.\8\
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\8\ See Ameren-Sioux emissions data at <a href="https://campd.epa.gov/data/custom-data-download">https://campd.epa.gov/data/custom-data-download</a>.
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Section 175A(d) of the CAA provides that a maintenance plan must
contain contingency provisions that will promptly correct any violation
of the 2010 SO<INF>2</INF> NAAQS after the area is redesignated to
attainment (Calcagni Memo). The maintenance plan should identify the
contingency measures to be adopted, a schedule and procedure for
adoption and implementation, and a time limit for action by the State.
A State should also identify specific indicators to be used to
determine when the contingency measures need to be implemented. The
maintenance plan must also include a requirement that a State will
implement all measures with respect to control of the pollutant that
were contained in the SIP before redesignation of the area to
attainment in accordance with section 175A(d). Unlike CAA section
172(c)(9), section l75A of the CAA does not explicitly require that
contingency measures must take effect without further action by the air
agency in order for the maintenance plan to be approved. However, the
maintenance plan's contingency plan would become an enforceable part of
the SIP and should ensure that contingency measures are adopted and
implemented as expeditiously as practicable once they are triggered.\9\
In the ``General Preamble for the Implementation of Title I of the
Clean Air Act Amendments of 1990,'' published on April 16, 1992 (57 FR
13498), EPA provides further discussion of contingency measures for
SO<INF>2</INF>. This guidance States that in many cases, attainment
revolves around compliance of a single source or a small set of sources
with emission limits shown to provide for attainment. Although this
guidance applies to contingency measures under section 172(c)(9), EPA
applies a similar policy with respect to contingency measures for
SO<INF>2</INF> required in maintenance plans under section 175A(d). The
requirement to submit contingency measures in accordance with section
175A of the CAA can be adequately addressed for SO<INF>2</INF> by the
operation of a comprehensive enforcement program,\10\ which can quickly
identify and address sources that might be causing exceedances of the
NAAQS. Illinois' enforcement program is active and capable of prompt
action to remedy compliance issues. Illinois commits to ongoing
compliance and enforcement of the control measures contained in the
federally enforceable Construction Permit issued to Alton Steel
approved and incorporated into the Illinois' attainment SIP approval
(88 FR 10464, February 21, 2023). Illinois also has the necessary
resources in the event of violations to enforce its permit provisions
and rules. Illinois has the authority to expeditiously adopt,
implement, and enforce any subsequent emission control measures deemed
necessary to correct any future SO<INF>2</INF> violations. Illinois
commits to adopting and implementing such corrective actions as
necessary to address violations of the 2010 SO<INF>2</INF> NAAQS.
Another contingency measure option is the implementation of a PSD
program for new or modified existing sources of SO<INF>2</INF>, which
includes requirements for Best Available Control Technology, in the
Alton nonattainment area once redesignated to attainment. The Ameren-
Sioux Consent Agreement has been adopted into the Missouri SIP and
includes monitoring, recordkeeping, and reporting requirements that
will be used to confirm ongoing compliance incorporated into the
Missouri SIP (87 FR 68634, November 16, 2022). Based on the foregoing,
EPA proposes to find that Illinois has addressed the contingency
measure requirement.
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\9\ See April 2014 SO<INF>2</INF> Guidance, page 74.
\10\ See April 2014 SO<INF>2</INF> Guidance, page 41-42.
---------------------------------------------------------------------------
EPA is proposing to find that Illinois' maintenance plan adequately
addresses the five basic components of a maintenance plan necessary to
maintain the SO<INF>2</INF> NAAQS in the Alton Township nonattainment
area. Therefore, EPA proposes to find that the redesignation and
maintenance plan SIP revision submitted by Illinois for the 2010
SO<INF>2</INF> Alton Township nonattainment area meets the requirements
of section 175A of the CAA and proposes to approve this plan.
III. What action is EPA taking?
EPA is proposing to redesignate the Alton Township area from
nonattainment to attainment for the 2010 SO<INF>2</INF> NAAQS in
accordance with Illinois' October 2, 2023, request. EPA has determined
that the area is attaining the 2010 SO<INF>2</INF> NAAQS and that the
improvement in air quality is due to permanent and enforceable
SO<INF>2</INF> emission reductions in the area. EPA is also proposing
to approve Illinois' maintenance plan, which is designed to ensure that
the area will continue to maintain attainment of the 2010
SO<INF>2</INF> NAAQS. Additionally, EPA is proposing to determine the
Alton Township area attained the 2010 SO<INF>2</INF> NAAQS by the
September 12, 2021, attainment date addressing EPA's obligation under
CAA section 179(c).
IV. Environmental Justice Concerns
To identify environmental burdens and potentially susceptible
populations in the Alton Township area, EPA performed a screening-level
analysis using EPA's environmental justice (EJ) screening and mapping
tool (EJScreen).\11\ The results of EPA's screening analysis are being
provided for informational and transparency purposes, and EPA did not
rely on these findings in its action on Illinois' submissions. EPA
utilized the EJScreen tool to review environmental and demographic
data, which provides an assessment of individual demographic groups of
the populations living within the Alton Township area in Madison
County. The tool output report is contained in the docket for this
action. Due to the localized nature of SO<INF>2</INF>, EPA considered a
1.5-mile radius of the Alton Steel facility in its assessment. EPA's
screening-level analysis indicates that communities affected by this
action score above the national percent average for the EJScreen
``Demographic Index'', which is the average of an area's percent
minority and percent low-income populations, i.e., the two demographic
indicators explicitly named in Executive Order 12898. Additionally, the
results indicate that the area scores below the 80th percentile (in
comparison to the nation as a whole) for 8 out of the 13 EJ indexes
established by EPA, which include a combination of environmental and
demographic information. The Alton Township area scored at or above the
80th percentile for the ozone, toxic releases to the air, lead paint,
RMP facility proximity, and wastewater discharge indexes. The analysis
was done for the purpose of providing additional context and
information about this rulemaking to the public, and not as a basis of
the action. Due to the nature of the action being taken here, this
action is expected to have a neutral to positive impact on the air
quality of the affected area.
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\11\ See <a href="https://www.epa.gov/ejscreen">https://www.epa.gov/ejscreen</a>.
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V. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan are actions that affect the
status of a geographical area and do not impose any additional
regulatory requirements on sources beyond those imposed by State law. A
redesignation to attainment does not in and of itself create any new
requirements, but rather results in the applicability of requirements
contained in the CAA for
[[Page 81416]]
areas that have been redesignated to attainment. Moreover, 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 these reasons, 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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
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 rulemaking 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).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with EJ concerns to the
greatest extent practicable and permitted by law. EPA defines EJ as
``the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to
the development, implementation, and enforcement of environmental laws,
regulations, and policies.'' EPA further defines the term fair
treatment to mean that ``no group of people should bear a
disproportionate burden of environmental harms and risks, including
those resulting from the negative environmental consequences of
industrial, governmental, and commercial operations or programs and
policies.''
Illinois did not include an evaluation of EJ considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA performed an EJ
analysis, as is described above in the section titled, ``Environmental
Justice Considerations.'' The analysis was done for the purpose of
providing additional context and information about this rulemaking to
the public, and not as a basis of the action. Due to the nature of the
action being taken here, this action is expected to have a neutral to
positive impact on the air quality of the affected area. In addition,
there is no information in the record upon which this decision is based
inconsistent with the stated goal of E.O. 12898 of achieving EJ for
communities with EJ concerns.
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: October 2, 2024.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2024-23164 Filed 10-7-24; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.