Proposed Rule2026-16001
Air Plan Approval; Illinois; 2015 Ozone Moderate and Serious Reasonably Available Control Technology Update
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Published
August 6, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is proposing to approve revisions to 35 Illinois Administrative Code (IAC) parts 217, 218, and 219 into the Illinois State Implementation Plan (SIP). The Illinois Environmental Protection Agency (Illinois or Illinois EPA) submitted these revisions on December 18, 2024, and May 12, 2025, supplemented their submittal on August 13, 2025, for Moderate Reasonably Available Control Technology (RACT). The EPA is proposing to approve 35 IAC parts 217, 218, and 219 as satisfying the Moderate Volatile Organic Compound (VOC) RACT and NO<INF>X</INF> RACT requirements as well as Serious NO<INF>X</INF> RACT requirements for the Chicago, IL (Cook County, DuPage County, Grundy County, Kane County, Kendall County, Lake County, McHenry County, and Will County) and Metro-East St. Louis (Madison County, Monroe County, and St. Clair County) nonattainment areas under the 2015 ozone National Ambient Air Quality Standard (NAAQS or standard).
Full Text
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<title>Federal Register, Volume 91 Issue 150 (Thursday, August 6, 2026)</title>
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[Federal Register Volume 91, Number 150 (Thursday, August 6, 2026)]
[Proposed Rules]
[Pages 50746-50749]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-16001]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2024-0617; EPA-R05-OAR-2024-0618; EPA-R05-OAR-2025-0259;
FRL-13135-01-R5]
Air Plan Approval; Illinois; 2015 Ozone Moderate and Serious
Reasonably Available Control Technology Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing to
approve revisions to 35 Illinois Administrative Code (IAC) parts 217,
218, and 219 into the Illinois State Implementation Plan (SIP). The
Illinois Environmental Protection Agency (Illinois or Illinois EPA)
submitted these revisions on December 18, 2024, and May 12, 2025,
supplemented their submittal on August 13, 2025, for Moderate
Reasonably Available Control Technology (RACT). The EPA is proposing to
approve 35 IAC parts 217, 218, and 219 as satisfying the Moderate
Volatile Organic Compound (VOC) RACT and NO<INF>X</INF> RACT
requirements as well as Serious NO<INF>X</INF> RACT requirements for
the Chicago, IL (Cook County, DuPage County, Grundy County, Kane
County, Kendall County, Lake County, McHenry County, and Will County)
and Metro-East St. Louis (Madison County, Monroe County, and St. Clair
County) nonattainment areas under the 2015 ozone National Ambient Air
Quality Standard (NAAQS or standard).
DATES: Comments must be received on or before September 8, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2024-0617, EPA-R05-OAR-20 24-0618, and EPA-R05-OAR-2025-0259 at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to <a href="/cdn-cgi/l/email-protection#0c6d7e7e6d227f6d7e6d644c697c6d226b637a"><span class="__cf_email__" data-cfemail="97f6e5e5f6b9e4f6e5f6ffd7f2e7f6b9f0f8e1">[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. The EPA may publish any comment received to
its public docket. Do not submit to the 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
[[Page 50747]]
official comment and should include discussion of all points you wish
to make. The 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: Nicole Naber, Air and Radiation
Division (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, telephone number: (312)
886-6609, email address: <a href="/cdn-cgi/l/email-protection#5f313e3d3a2d7131363c30333a1f3a2f3e71383029"><span class="__cf_email__" data-cfemail="2a444b484f580444434945464f6a4f5a4b044d455c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. What is the EPA proposing?
II. What is the background for this action?
III. What is the EPA's evaluation of Illinois' VOC and
NO<INF>X</INF> RACT determinations?
A. Certifying existing sections of 35 IAC part 219 as VOC RACT
for Chicago and Metro-East
B. Permits for One Source Covered by the Oil and Natural Gas
Industry CTG
C. Negative Declarations
D. 35 IAC 217
E. RACT Due Diligence
IV. What action is the EPA taking?
V. Incorporation by Reference.
I. What is the EPA proposing?
The EPA is proposing to approve 35 IAC parts 218 and 217 as
satisfying the Moderate ozone nonattainment area VOC RACT requirements
of Clean Air Act (CAA) section 182(b)(2), and the corresponding
NO<INF>X</INF> RACT requirements stemming from sections 182(b) and
182(f), respectively, for the Chicago, IL nonattainment area under the
2015 ozone standard. The EPA is also proposing to approve 35 IAC parts
219 and 217 as satisfying the Moderate area VOC and NO<INF>X</INF> RACT
requirements for the Metro-East nonattainment area under the 2015 ozone
standard. For both nonattainment areas, the EPA is also proposing to
approve 35 IAC part 217 as satisfying the Serious area NO<INF>X</INF>
RACT requirements from CAA sections 182(c) and 182(f). The Serious area
VOC RACT requirements will be addressed in a separate action. On
December 18, 2024, Illinois submitted attainment plans for both ozone
nonattainment areas containing certifications that 35 IAC parts 218 and
219 satisfy the Moderate VOC RACT requirements and supplemented the
submittal on August 13, 2025. On May 12, 2025, Illinois also submitted
SIP revisions to 35 IAC part 217 to satisfy the Moderate and Serious
NO<INF>X</INF> RACT requirements.\1\
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\1\ See clarification letter in the docket.
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II. What is the background for this action?
Emissions of VOCs and NO<INF>X</INF> contribute to the production
of ground-level ozone, or smog, which harms human health and the
environment. The EPA defines RACT as the lowest emission limit that a
particular source is capable of meeting by the application of control
technology that is reasonably available considering technological and
economic feasibility. See Memorandum from Roger Strelow, Assistant
Administrator for Air and Waste Management, EPA, to Regional
Administrators, EPA, ``Guidance for Determining Acceptability of SIP
Regulations in Non-Attainment Areas'' (December 9, 1976); see also 44
FR 53761, 53762 (September 17, 1979). Control Techniques Guidelines
(CTGs) provide recommendations to inform State, local, and Tribal air
agencies as to what constitutes RACT for categories of VOC sources. CAA
sections 182(b)(2) and 182(f), in combination, require States to
implement RACT in ozone nonattainment areas classified as Moderate (and
higher). Specifically, these areas are required to implement RACT for
all major sources of VOC and NO<INF>X</INF> (based on potential to emit
at least 100 tons per year (tpy)) and for all VOC sources covered by a
CTG. Air agencies can use the recommendations in the CTG and consider
all recent relevant information to inform their own determination as to
what constitutes RACT. If there are no sources covered by a certain CTG
within a nonattainment area, a State may submit a negative declaration,
in place of regulatory requirements, to apply RACT for that category of
sources.
The EPA's SIP Requirements Rule for the 2008 ozone NAAQS indicates
that States may meet RACT through the establishment of new or more
stringent requirements that meet RACT control levels, through a
certification that previously adopted RACT controls for a prior ozone
NAAQS continue to represent adequate RACT control levels for the 2008
ozone NAAQS, or with a combination of these two approaches. See 80 FR
12264, 12278-79 (March 6, 2015). As previously stated, a State may
submit a negative declaration in instances where there are no sources
covered by a particular CTG. The EPA's SIP Requirements Rule for the
2015 ozone NAAQS retains the existing general 2008 RACT requirements
for purposes of the 2015 ozone NAAQS. See 83 FR 62998, 63001-02, and
63007 (December 6, 2018).
Effective August 3, 2018 (83 FR 25776), the EPA designated the
Illinois portions of the Chicago and Metro-East St. Louis areas as
Marginal nonattainment areas for the 2015 ozone NAAQS. The Illinois
portion of the Chicago nonattainment area includes Cook, DuPage, Kane,
Lake, McHenry, and Will counties, as well as Aux Sable and Goose Lake
Townships in Grundy County, and Oswego Township in Kendall County. The
Illinois portion of Metro-East nonattainment area includes Madison, St.
Clair, Monroe counties in Illinois, and St. Louis, St. Louis City, St.
Charles, and Jefferson counties, as well as Boles Township in Franklin
County in Missouri. On October 7, 2022 (87 FR 60897), the EPA
determined that the Chicago and Metro-East areas failed to attain the
2015 ozone NAAQS by the August 3, 2021, attainment date, resulting in
the reclassification of the areas from Marginal to Moderate ozone
nonattainment. In that action, the EPA established January 1, 2023, as
the due date for the State to submit all Moderate area nonattainment
plan SIP requirements applicable to newly reclassified areas. More
recently, on December 17, 2024 (89 FR 101901), the EPA determined that
both areas did not attain the standards by the Moderate attainment
date; therefore, the areas were reclassified to Serious ozone
nonattainment. This action addresses the Moderate area VOC and both
Moderate and Serious NO<INF>X</INF> RACT SIP submissions for the
Chicago and Metro-East nonattainment areas under the 2015 ozone
standard. Serious VOC RACT for both nonattainment areas will be
addressed in a separate action.
III. What is the EPA's evaluation of Illinois' VOC and NOX RACT
determinations?
The EPA previously determined that 35 IAC parts 218 and 219 VOC
regulations met Moderate RACT for requirements associated with the 2008
ozone NAAQS and incorporated them into the Illinois SIP. See action
dated May 20, 2022 (87 FR 30828) for Chicago, and March 23, 2012 (77 FR
16940) for Metro-East. For certain categories of sources, Illinois is
certifying that the previously adopted RACT regulations and controls
contained in 35 IAC parts
[[Page 50748]]
218 and 219 for VOCs continue to satisfy RACT requirements under the
2015 ozone NAAQS. Illinois has also adopted new RACT regulations in 35
IAC 217 for NO<INF>X.</INF> The new NO<INF>X</INF> regulations apply to
both the Chicago and Metro-East, Illinois 2015 ozone nonattainment
areas.
A. Certifying Existing Sections of 35 IAC Part 219 as VOC RACT for
Chicago and Metro-East
The EPA approved 35 IAC parts 218 and 219 into the Illinois SIP
under previous ozone standards. For this action, the EPA and Illinois
performed RACT due diligence \2\ analyses to determine what level of
controls can be established as RACT. These analyses are provided in
both the Chicago and Metro-East submittals and are described in detail
in section III, subsection E of this preamble. The EPA has not
identified any new control technologies that are reasonably available
considering technological and economic feasibility for these sources
since our last approval, and, therefore, the EPA is proposing to
determine that the controls for the CTG categories covered in 35 IAC
parts 218 and 219 still represent RACT for implementing the 2015 ozone
standard in both Illinois nonattainment areas.
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\2\ See https//<a href="http://www.epa.gov/ground-level-ozone-pollution/resource-document-air-agencies-developing-ract-sip-revisions-ozone">www.epa.gov/ground-level-ozone-pollution/resource-document-air-agencies-developing-ract-sip-revisions-ozone</a>
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B. Permits for One Source Covered by the Oil and Natural Gas Industry
CTG
Illinois identified one source located in the Metro-East
nonattainment area that is covered by the EPA's 2016 CTG for the Oil
and Natural Gas Industry. Instead of adopting categorical RACT rules
for the source, Illinois requested that the EPA approve the source
specific federally enforceable permit for the Flint Hills Resources
Pine Bend facility (Pine Bend) for incorporation into the Illinois SIP.
The EPA is proposing to approve this permit into the SIP to fulfill the
RACT requirements for the Metro-East nonattainment area for the
category of sources covered by the Oil and Gas CTG.
Pine Bend contains four crude oil storage tanks. The 2016 CTG
recommends a 95% reduction of VOC emissions from these tanks. In 2024,
the EPA issued updated New Source Performance Standards (NSPS) at 40
CFR part 60, subpart Kb. The 2024 NSPS Standards of Performance for
Storage Vessels for Petroleum Liquids requires an external floating
roof, a fixed roof, or a vapor recovery system to reduce VOC emissions
by at least 95% for these tanks. Since the Pine Bend State permit
requires the source to utilize an external floating roof, which is
equivalent to or better than a vapor recovery system and reduces VOC
emissions by at least 95%, the permit is equivalent to, or better than,
the CTG recommendation as well as the newer NSPS, and we are not aware
of any other relevant information to inform this determination.
Therefore, the EPA is proposing to approve the Illinois EPA Federally
Enforceable State Operating Permit No. 83100026 into the SIP as
satisfying RACT for Pine Bend in the Metro-East nonattainment area
under the 2015 ozone standard.
C. Negative Declarations
For the Chicago nonattainment area, Illinois submitted Negative
Declarations for the following CTG categories: Ship Building and Ship
Repair Industry; Natural Gas/Gasoline Processing Plants; Aerospace
Manufacturing and Rework Facilities; High-Density Polyethylene,
Polypropylene, and Polystyrene Resins; Vegetable Oil Processing;
Industrial Wastewater; and Oil and Natural Gas Industry. Illinois
performed searches for facilities meeting each of these CTG categories
in the Chicago nonattainment area for the 2015 ozone standard and
determined that there are no sources subject to any of these CTGs in
this nonattainment area.
For the Metro-East nonattainment area, Illinois submitted Negative
Declarations for the following CTG categories: Ship Building and Ship
Repair Industry; Natural Gas/Gasoline Processing Plants; Aerospace
Manufacturing and Rework Facilities; High-Density Polyethylene,
Polypropylene, and Polystyrene Resins; Vegetable Oil Processing; and
Industrial Wastewater. Illinois conducted searches for facilities
meeting each of these CTG categories in the Metro-East nonattainment
area for the 2015 ozone standard and determined that there are no
sources subject to any of these CTGs in this nonattainment area.
The EPA reviewed the information submitted by Illinois related to
these negative declarations and agrees with the State's determinations
that no covered sources for these CTGs exist in the relevant
nonattainment areas. As such, the EPA is proposing to approve these
negative declarations as meeting RACT.
D. 35 IAC 217
To satisfy the requirements under CAA sections 172 and 182 to adopt
NO<INF>X</INF> RACT regulations with respect to the 2015 ozone
standard, Illinois amended 35 IAC 217. CAA section 182(f) defines a
major stationary source in a Moderate ozone or a Serious ozone
nonattainment area as one that directly emits, or has the potential to
emit, 100 tpy or more of NO<INF>X</INF> or 50 tpy or more of
NO<INF>X</INF>, respectively.
These NO<INF>X</INF> RACT rules establish non-CTG RACT general
provisions, including updated measurement methods for NO<INF>X</INF>,
added predictive emission monitoring system (PEMS) to the abbreviations
used in this part, removed or updated outdated materials, and added a
Federal regulation governing combustion tuning requirements. Illinois
EPA's amendments also include federally enforceable NO<INF>X</INF>
emissions limitations and testing and monitoring requirements for the
following NO<INF>X</INF> source categories: any industrial boiler,
process heater, glass melting furnace, cement kiln, lime kiln, iron and
steel reheat, annealing, or galvanizing furnace, aluminum reverberatory
or crucible furnace, or fossil fuel-fired stationary boiler that emits
NO<INF>X</INF> in an amount equal to or greater than 15 tpy and that is
located at a source in the Chicago or Metro-East ozone nonattainment
area that has the potential to emit NO<INF>X</INF> in an amount equal
to or greater than 50 tpy.
Illinois' submittal also included provisions for an emissions
averaging plan, which is a type of Economic Incentive Program (EIP), as
an alternative method to satisfying NO<INF>X</INF> RACT requirements.
CAA section 182(g)(4) required the EPA to promulgate rules for EIPs,
which the EPA did on April 7, 1994.\3\ In 2001 EPA issued further
guidance on discretionary EIPs.\4\ The EPA's 1994 rule allows sources
subject to RACT requirements to attain RACT-level emissions reductions
in the aggregate, but directs States, to the extent practicable, to
require increased emissions reductions beyond those that would be
achieved through a traditional RACT program. The EPA's 2001 EIP
guidance provides for a presumptive approach for complying with RACT
requirements though an EIP. For areas needing and lacking an approved
attainment demonstration, the 2001 EIP guidance specifies that this
requirement can be met through an additional 10% reduction in
emissions. Illinois' rules utilize this presumptive approach,
specifying that, for sources opting to comply through averaging, an
additional 10 percent emissions reduction is required. Source
participation in Illinois' EIP is voluntary
[[Page 50749]]
as a source can meet the RACT requirements of Illinois' proposed rules
by instead complying with the NOx limits applicable to each unit.
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\3\ April 7, 1994, 59 FR 16690.
\4\ ``Improving Air Quality With Economic Incentive Programs,''
January 2001.
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The EPA is proposing that the emissions limits for NO<INF>X</INF>
sources satisfy Moderate and Serious RACT requirements as they are
equal to or more stringent than NO<INF>X</INF> requirements for similar
sources in other States' rules as discussed in section III, subsection
E of this preamble.
E. RACT Due Diligence
As part of its December 18, 2024, and May 12, 2025, submittals,
Illinois certified that the RACT requirements for Moderate CTG and non-
CTG VOC and NO<INF>X</INF> sources and Serious CTG and non-CTG
NO<INF>X</INF> sources in the Chicago and Metro-East 2015 ozone
nonattainment areas have been fulfilled. Illinois conducted its RACT
analysis for VOC and NO<INF>X</INF> by: (1) Identifying all categories
of CTG and major non-CTG sources of VOC and NO<INF>X</INF> emissions
within both nonattainment areas; (2) Listing the Illinois State
regulation that implements or exceeds RACT requirements for that CTG or
non-CTG category; and (3) Submitting negative declarations when there
are no CTG applicable sources within the Chicago and Metro-East areas.
The EPA performed a supplemental due diligence analysis for the
Illinois VOC and NO<INF>X</INF> RACT submittals for the Chicago and
Metro-East nonattainment areas under the 2015 ozone standard. In the
EPA's December 2025 Technical Support Document (available in the
docket), the EPA details the basis for concluding that Illinois'
current VOC and new NO<INF>X</INF> regulations fulfill RACT through
comparison with RACT rules developed by other States, CTG guidance
documents and applicable ACT documents. The EPA evaluated the relevant
RACT rules in various States including some other EPA Region 5 States
(Ohio, Michigan, Indiana, Wisconsin) and other States located in EPA
Regions 1, 2, 6, 8, and 9 (Maine, Vermont, California, Colorado, Texas,
Arizona, New Jersey, Connecticut, and New York). The EPA found
Illinois' rules to be generally consistent with or more stringent than
control measures in other States' regulations, CTGs, and non-CTGs. The
EPA has not identified any new control technologies that are reasonably
available considering technological and economic feasibility for these
sources. Based upon our findings, the EPA proposes to determine that
Illinois' rules represent Moderate level VOC and NO<INF>X</INF> RACT as
well as Serious NO<INF>X</INF> RACT.
IV. What action is the EPA taking?
The EPA is proposing to approve 35 IAC parts 218 and 219 as
satisfying the Moderate area VOC RACT requirements of CAA section
182(b)(2) for both the Chicago and Metro-East nonattainment areas under
the 2015 ozone standard. The EPA is also proposing to approve revisions
to 35 IAC part 217 as satisfying the Moderate and Serious
NO<INF>X</INF> RACT requirements of 182(b)(2), 182(c), and 182(f)of the
CAA for the Chicago and Metro-East nonattainment areas under the 2015
ozone standard.
V. Incorporation by Reference
In this rulemaking, The EPA is proposing to include in a final EPA
rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference Illinois rules 35 IAC parts 218 and 219,
effective December 9, 2024, and 35 IAC 217, effective April 23, 2025,
discussed in section III of this preamble. The EPA is also proposing to
incorporate by reference Illinois Operating Permit 83100026 for the
Flint Hills Pine Bend facility, issued June 20, 2024. The 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).
VI. 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, the 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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant under
Executive Order 12866;
<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 the 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: July 27, 2026.
Anne Vogel,
Regional Administrator, Region 5.
[FR Doc. 2026-16001 Filed 8-5-26; 8:45 am]
BILLING CODE 6560-50-P
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