[Federal Register Volume 65, Number 72 (Thursday, April 13, 2000)]
[Rules and Regulations]
[Pages 19838-19842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8952]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL190-1a; FRL-6574-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Approval of a Site-Specific Sulfur Dioxide Plan Revision for 
CILCO Edwards Station

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On May 21, 1999, Illinois submitted a site-specific sulfur 
dioxide (SO2) State Implementation Plan (SIP) revision 
request for the Central Illinois Light Company's Edwards Generating 
Station in Peoria County, Illinois. The requested revision provides for 
a temporary relaxation in the fuel quality limit for one of the 
facility's three boilers, but adds an overall daily sulfur dioxide 
emission cap for the three boilers. The State's submittal included 
dispersion modeling results which indicated that the revision will not 
cause violations of the SO2 standards. EPA is approving this 
request.

DATES: This rule is effective on June 12, 2000, unless EPA receives 
relevant adverse written comments by May 15, 2000. If EPA receives 
adverse comment, it will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: All comments should be addressed to: J. Elmer Bortzer, 
Chief, Regulation Development Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, IL 60604.
    Copies of the State submittal and other relevant documents used in 
support of this action are available at the following address for 
inspection during normal business hours: U.S. Environmental Protection 
Agency, Region 5, Air Programs Branch, Air and Radiation Division, 77 
West Jackson Boulevard, Chicago, IL 60604.

FOR FURTHER INFORMATION CONTACT: Mary Portanova, USEPA Region 5, (312) 
353-5954.

SUPPLEMENTARY INFORMATION: The supplemental information is organized in 
the following order:

I. What action is being taken in this document?
II. What is the SIP?
III. Does approval of a variance create a permanent SIP revision?
IV. What has changed in the Illinois SO2 SIP?
V. Why was this SIP revision requested?
VI. What are the National Ambient Air Quality Standards?
VII. What are the NAAQS for sulfur dioxide?
VIII. What are the requirements for SIP approval?
IX. Does this SIP revision request meet EPA's requirements?
X. What is EPA's final rulemaking action?
XI. Administrative Requirements.

I. What Action Is Being Taken in This Document?

    EPA is approving a site-specific request to revise Illinois' 
SO2 SIP for the Central Illinois Light Company's E. D. 
Edwards Generating Station (CILCO Edwards) in Bartonville, Peoria 
County, Illinois. The revision provides a new set of SO2 
emission limits for the plant's three boilers. These new limits were 
approved by the Illinois Pollution Control Board (IPCB) as a variance 
from State regulation 35 Illinois Administrative Code (IAC) 214.141 on 
April 15, 1999. CILCO signed a certification of acceptance and 
agreement to the variance on May 17, 1999, and Illinois submitted the 
variance to EPA as a SIP revision on May 21, 1999.

[[Page 19839]]

II. What Is the SIP?

    The State Implementation Plan is a compilation of federally 
approved State air pollution regulations which are intended to ensure 
that the State attains and maintains the NAAQS. Revisions to the SIP 
must be submitted to EPA for approval. Once approved by EPA, the SIP 
regulations may be enforced by both the State and by EPA.

III. Does Approval of a Variance Create a Permanent SIP Revision?

    Variances are temporary changes to a regulation. Variances to 
approved SIP limits must be submitted to EPA, approved, and 
incorporated into the SIP as SIP revisions in order to be federally 
enforceable. Without EPA approval, a variance to a SIP rule has no 
federal standing, and EPA could enforce against the facility for 
failing to comply with the original limits, even though the State had 
allowed the rule variance.
    The April 15, 1999, CILCO variance expires on February 28, 2002, 
unless CILCO applies to Illinois for a permanent site-specific SIP 
revision by that date, in which case the variance will not terminate 
until July 31, 2003. It is important to note that because the variance 
is not a permanent rule change, EPA's approval of the variance as a SIP 
revision will only be in force until February 28, 2002. After that 
time, if CILCO does not apply to Illinois for a permanent SIP revision, 
the federally enforceable SO2 emission limits for CILCO 
Edwards' Boiler 2 will revert to 35 IAC 214.141. If CILCO applies for a 
permanent SIP revision, and the IPCB allows CILCO Edwards' variance to 
continue unamended through July 31, 2003, then federal approval of the 
variance will continue until EPA approves alternate SO2 
limits for CILCO Edwards, or until July 31, 2003, whichever is earlier.

IV. What Has Changed in the Illinois SO2 SIP?

    CILCO Edwards operates three boilers, numbered 1, 2, and 3. 
Previously, the Illinois SO2 SIP limited the emissions from 
Boilers 1 and 3 to 6.6 pounds sulfur dioxide per million British 
Thermal Units (lb/MMBTU), and limited Boiler 2's emissions to 1.8 lb/
MMBTU. Illinois' May 21, 1999, submittal provides for the following 
rule changes:
    1. The average SO2 emissions from Boilers 1, 2, and 3, 
as a group, may not exceed 4.71 lb/MMBTU actual heat input.
    2. The average SO2 emissions from any one boiler may not 
exceed 6.6 lb/MMBTU actual heat input.
    3. CILCO Edwards must determine compliance with these limits on a 
daily basis using the SO2 methodology of the Phase II Acid 
Rain program set forth in 40 CFR part 75.
    The plantwide SO2 emissions limit for CILCO Edwards (35 
IAC 214.561), which limits Boilers 1, 2, and 3, as a group, to 34,613 
pounds SO2 per hour (lb/hr) on a 24-hour average, is 
unchanged in the May 21, 1999, SIP revision request and remains in 
effect for CILCO Edwards. Compliance with the plantwide limit must also 
be determined on a daily basis using the Phase II Acid Rain 
methodology.
    The variance also requires CILCO to make periodic reports to 
Illinois of the availability and cost of low-sulfur coal and Phase II 
Acid Rain allowances, and the feasibility of various strategies for 
complying with the Phase II Acid Rain program. CILCO must notify 
Illinois by January 31, 2002, if it intends to request a permanent 
change to its SO2 emission limits.

V. Why Was This SIP Revision Requested?

    A 1.8 lb/MMBTU emission limit on coal-fired boilers in the Peoria 
area (35 IAC 214.141) was adopted by the IPCB to help ensure that the 
Peoria major metropolitan area would attain and maintain the 
SO2 NAAQS. This limit applies to Boiler 2 at CILCO Edwards, 
and Boiler 2 must use low-sulfur coal to comply with the limit. CILCO's 
coal supplier has notified CILCO that low-sulfur coal will not be 
available in 2000. No other Illinois coal can be used in Boiler 2 and 
still comply with the 1.8 lb/MMBTU emission limit. Therefore, CILCO 
must purchase low-sulfur coal from other States, at a much greater 
cost. An alternative to using low-sulfur coal in Boiler 2 would be to 
install a scrubber, which would remove SO2 from the Boiler 2 
stack emissions. However, this option is also very costly, and CILCO 
has stated that a scrubber could not be installed before 2000. 
Therefore, on December 17, 1998, CILCO filed a petition with the IPCB 
for a variance from 35 IAC 214.141. As a condition of the variance 
which the IPCB granted, CILCO must evaluate the feasibility of 
different strategies for complying with Phase II of the Acid Rain 
program, including the use of a scrubber, and provide a report of the 
evaluation to the Illinois Environmental Protection Agency.

VI. What Are the National Ambient Air Quality Standards?

    The National Ambient Air Quality Standards (NAAQS) allow the 
American people to assess whether or not the air quality in their 
communities is healthful. The NAAQS also present state and local 
governments with the air quality levels they must meet to achieve clean 
air. Since the Clean Air Act's inception in 1970, EPA has set NAAQS for 
six common air pollutants: carbon monoxide, lead, nitrogen dioxide, 
ozone, particulate matter, and sulfur dioxide. For these common air 
pollutants there are two types of pollution limits referred to as the 
primary and secondary standard. The primary standard is based on health 
effects; and the secondary standard is based on environmental effects 
such as damage to property, plants, and visibility. The Clean Air Act 
requires these standards be set at levels that protect public health 
and welfare with an adequate margin of safety.

VII. What Are the NAAQS for Sulfur Dioxide?

    The NAAQS for sulfur dioxide are expressed in three forms which are 
referred to as the annual, 24-hour and 3-hour standards. The 
SO2 NAAQS are 0.03 ppm, or 80 micrograms per cubic meter 
(g/m \3\), on an annual average, 0.14 ppm (365 g/m 
\3\) for a 24-hour averaging time, and 0.5 ppm (1300 g/m \3\) 
for a 3-hour averaging time.

VIII. What Are the Requirements for SIP Approval?

    In order to approve a SIP revision, the EPA must determine that the 
revised rule meets the requirements of section 110 of the Clean Air Act 
and the provisions of 40 CFR part 51. EPA's criteria for SIP revision 
approval are contained in 40 CFR part 52, subpart A.
    First, revised State rules must be properly adopted by the State, 
with adequate public notice and participation. The Illinois 
Environmental Protection Agency submitted documents in its May 21, 1999 
submittal which verify that the April 15, 1999, rule variance for CILCO 
Edwards was properly adopted, with adequate public notice and 
participation.
    In addition, States must provide dispersion modeling results that 
show that revised SO2 rules will not cause or contribute to 
a violation of any of the three SO2 NAAQS. EPA's guidance on 
air quality dispersion modeling is found in 40 CFR part 51, appendix W. 
CILCO provided air dispersion modeling data to demonstrate that 
facility operations under the new emission limits would not lead to a 
violation of the SO2 NAAQS. The Illinois Environmental 
Protection Agency also provided supplemental modeling information.

[[Page 19840]]

The dispersion modeling information meets EPA's requirements.
    Finally, the State must demonstrate that the emission limits 
contained in the revised rule are enforceable. CILCO Edwards uses a 
Continuous Emissions Monitoring system (CEM) to measure its 
SO2 emissions. The rule variance requires CILCO Edwards to 
determine compliance with its SO2 limits on a daily basis 
using the SO2 methodology of the Phase II Acid Rain program 
set forth in 40 CFR part 75. These compliance methods are acceptable.

IX. Does This SIP Revision Request Meet EPA's Requirements?

    EPA has determined that this SIP revision request meets the 
requirements for SIP approval, because it is a properly adopted State 
rule variance which is enforceable and protective of the SO2 
NAAQS. For additional information, see the Technical Support Document 
for this SIP revision request.

X. What Is EPA's Final Rulemaking Action?

    EPA is approving the May 21, 1999 site-specific SO2 SIP 
revision request for the Central Illinois Light Company's Edwards 
Generating Station in Peoria County, Illinois. Because the CILCO 
Edwards variance is not a permanent rule change, EPA's approval of the 
variance as a SIP revision will only be in force until the variance 
expires on February 28, 2002. After that time, if CILCO does not apply 
to Illinois for a permanent SIP revision, the federally enforceable 
SO2 emission limits for CILCO Edwards' Boiler 2 will revert 
to 35 IAC 214.141. If CILCO applies for a permanent SIP revision, and 
the IPCB allows CILCO Edwards' variance to continue unamended through 
July 31, 2003, as stated in the variance, then federal approval of the 
variance will continue until EPA approves alternate SO2 
limits for CILCO Edwards, or until July 31, 2003, whichever is earlier. 
This action will be effective on June 12, 2000.
    EPA is publishing this action without prior proposal because EPA 
views this as a noncontroversial revision and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, EPA is proposing to approve the SIP revision should 
adverse written comments be filed. This action will be effective 
without further notice unless EPA receives relevant adverse written 
comment by May 15, 2000. Should the Agency receive such comments, it 
will publish a withdrawal informing the public that this action will 
not take effect. Any parties interested in commenting on this action 
should do so at this time. If no such comments are received, this 
action will be effective on June 12, 2000.

XI. Administrative Requirements

A. Executive Order 12866
B. Executive Order 13045
C. Executive Order 13084
D. Executive Order 13132
E. Regulatory Flexibility Act
F. Unfunded Mandates
G. Submission to Congress and the Comptroller General
H. National Technology Transfer and Advancement Act
I. Petitions for Judicial Review

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

C. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly affects or uniquely affects 
the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments. If the mandate is 
unfunded, EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation.
    In addition, Executive Order 13084 requires EPA to develop an 
effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.'' Today's rule does not 
significantly or uniquely affect the communities of Indian tribal 
governments. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to this rule.

D. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Order 12612 (Federalism) and Executive Order 12875 (Enhancing 
the Intergovernmental Partnership). Executive Order 13132 requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This final rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132, 
because it merely approves a state rule implementing a federal 
standard, and does not alter the relationship or the distribution of 
power and

[[Page 19841]]

responsibilities established in the Clean Air Act. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    This final rule will not have a significant impact on a substantial 
number of small entities because SIP approvals under section 110 and 
subchapter I, part D of the Clean Air Act do not create any new 
requirements but simply approve requirements that the State is already 
imposing. Therefore, because the Federal SIP approval does not create 
any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under 
the Clean Air Act, preparation of a flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of state 
action. The Clean Air Act forbids EPA to base its actions concerning 
SIPs on such grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 
255-66 (1976); 42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual costs to state, local, or tribal governments in the aggregate; 
or to the private sector, of $100 million or more. Under section 205, 
EPA must select the most cost-effective and least burdensome 
alternative that achieves the objectives of the rule and is consistent 
with statutory requirements. Section 203 requires EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
pre-existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA 
is not required to submit a rule report regarding this action under 
section 801 because this is a rule of particular applicability.

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 12, 2000. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Reporting and recordkeeping requirements, Sulfur oxides.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 28, 2000.
Francis X. Lyons,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, part 52, chapter I, title 
40 of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart O--Illinois

    2. Section 52.720 is amended by adding paragraph (c)(155) to read 
as follows.


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (155) On May 21, 1999, the Illinois Environmental Protection Agency 
submitted a temporary, site-specific revision to the State 
Implementation Plan (SIP) for sulfur dioxide (SO2) for the 
Central Illinois Light Company's E.D. Edwards Generating Station in 
Peoria County, Illinois (CILCO Edwards). The SIP revision took the form 
of an April 15, 1999, Opinion and Order of the Illinois Pollution 
Control Board (PCB 99-80, Variance-Air). In this Opinion and Order, the 
IPCB granted CILCO Edwards a variance from 35 Illinois Administrative 
Code 214.141, and provided for a relaxation in the fuel quality limit 
for one of the facility's three boilers, but added an overall fuel 
quality limit and retained an overall SO2 emissions cap for 
the three CILCO Edwards boilers. The variance will expire on February 
28, 2002, unless CILCO applies to Illinois for a permanent SIP 
revision.

(I) Incorporation by Reference

    An April 15, 1999, Opinion and Order of the Illinois Pollution 
Control Board in PCB 99-80 (Variance-Air), granting a variance from 35 
IAC 214.141 for Boiler No. 2 at the Central Illinois Light Company's 
E.D. Edwards Generating Station near Peoria, Illinois. The variance 
expires on February 28, 2002, unless CILCO applies to Illinois for a 
permanent SIP revision. If CILCO applies for a permanent SIP revision,

[[Page 19842]]

and the IPCB allows CILCO Edwards' variance to continue unamended 
through July 31, 2003, as stated in the Opinion and Order, then federal 
approval of the variance will continue until EPA approves alternate 
SO2 limits for CILCO Edwards, or until July 31, 2003, 
whichever is earlier.

[FR Doc. 00-8952 Filed 4-12-00; 8:45 am]
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