[Federal Register Volume 66, Number 64 (Tuesday, April 3, 2001)]
[Proposed Rules]
[Pages 17641-17646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8020]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL204-1; FRL-6960-7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Illinois; Oxides of Nitrogen

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Through parallel processing, the EPA is proposing to approve a 
draft statewide rule to control the emissions of Oxides of Nitrogen ( 
NOX) from Electric Generating Units (EGUs) in the State of 
Illinois. Illinois submitted this rule for parallel processing on 
October 20, 2000. The rule, when finalized and adopted by the State, 
will provide NOX emission reductions to support attainment 
of the one-hour ozone standard in the Metro-East/St. Louis ozone 
nonattainment area. Significant changes in the rule between the version 
reviewed here and the final adopted version, other than those changes 
resulting from issues discussed in this proposed rulemaking, will 
result in a new EPA proposed rulemaking on Illinois' subsequent 
submittal of the adopted rule. Otherwise the EPA will proceed with 
final rulemaking when the adopted rule is submitted by the State.

DATES: Written comments must be received on or before May 3, 2001.

ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S.

[[Page 17642]]

Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    Copies of the State submittal and other relevant materials are 
available for public inspection during normal business hours at the 
following address: U.S. Environmental Protection Agency, Region 5, Air 
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 
60604. Please telephone Edward Doty at (312) 886-6057 before visiting 
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Regulation Development 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 
Telephone Number: (312) 886-6057, E-Mail Address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``you'' 
and ``me'' refer to the reader of this proposed rulemaking and to 
sources subject to the State rule addressed by this proposed 
rulemaking, and the terms ``we,'' ``us,'' or ``our'' refers to the EPA.

Table of Contents

I. Background
    A. What is a State Implementation Plan (SIP)?
    B. What is the Federal approval process for a SIP?
    C. What does Federal approval of a state regulation mean to me?
    D. What Clean Air Act requirements apply to or led to the 
State's submittal of the NOX emission control rule?
    E. What analyses and EPA rulemaking actions support the need for 
the NOX emission control rule?
II. Summary of the State Submittal
    A. When was the NOX emission control rule submitted 
to the EPA?
    B. Has the rule been adopted by the State?
    C. What are the basic components of the State's rule?
    D. What public review opportunities have been or will be 
provided by the State for this rule?
III. EPA Review of the Draft Rule
    A. Does the rule adequately support the attainment of the ozone 
standard in the Metro-East/St. Louis ozone nonattainment area?
    B. What other criteria were considered to judge the 
approvability of the rule and does the rule meet these criteria?
    C. Is the rule approvable?
IV. Proposed Action
    A. What action is EPA proposing today?
    B. What happens if Illinois significantly changes the rule 
during the adoption process?
V. Administrative Requirements

I. Background

A. What Is a State Implementation Plan (SIP)

    Section 110 of the Clean Air Act (Act or CAA) requires states to 
develop air pollution control regulations and strategies to ensure that 
state air quality meets the national ambient air quality standards 
established by the EPA. Each state must submit the regulations and 
emission control strategies to the EPA for approval and promulgation 
into the Federally enforceable SIP.
    Each Federally approved SIP protects air quality primarily by 
addressing air pollution at its points of origin. The SIPs can be and 
generally are extensive, containing many state regulations or other 
enforceable documents and supporting information, such as emission 
inventories, monitoring documentation, and modeling demonstrations 
(attainment demonstrations).

B. What Is the Federal Approval Process for a SIP?

    In order for state regulations to be incorporated into the 
Federally enforceable SIP, states must formally adopt the regulations 
and emission control strategies consistent with state and Federal 
requirements. This process generally includes public notice, public 
hearings, public comment periods, and formal adoption by state-
authorized rulemaking bodies.
    Once a state rule, regulation, or emissions control strategy is 
adopted, the state submits it to us for inclusion into the SIP. We must 
provide public notice and seek additional public comment regarding the 
proposed Federal action on the state submission. If adverse comments 
are received, they must be addressed prior to any final Federal action 
(they are generally addressed in a final rulemaking action).
    This rule is being parallel processed. Parallel processing means 
that EPA proposes action on a state rule before it becomes final under 
state law. Under parallel processing, EPA takes final action on its 
proposal if the final, adopted state submission is substantially 
unchanged from the submission on which the proposed rulemaking was 
based, or if significant changes in the final submission are 
anticipated and adequately described in EPA's proposed rulemaking or 
result from needed corrections determined by the State to be necessary 
through review of issues described in EPA's proposed rulemaking.
    All state regulations and supporting information approved by the 
EPA under section 110 of the Act are incorporated into the Federally 
approved SIP. Records of such SIP actions are maintained in the Code of 
Federal Regulations (CFR) at Title 40, part 52, titled ``Approval and 
Promulgation of Implementation Plans.'' The actual state regulations 
which are approved are not reproduced in their entirety in the CFR, but 
are ``incorporated by reference,'' which means that EPA has approved a 
given state regulation (or rule) with a specific effective date.

C. What Does Federal Approval of a State Regulation Mean to Me?

    Enforcement of a state regulation before and after it is 
incorporated into a Federally approved SIP is primarily a state 
responsibility. After the regulation is Federally approved, however, 
EPA is authorized to take enforcement actions against violators. 
Citizens are also offered legal recourse to address violations as 
described in section 304 of the Act.

D. What Clean Air Act Requirements Apply to or Led to the State's 
Submittal of the NOX Emission Control Rule?

    The Act requires the EPA to establish National Ambient Air Quality 
Standards (NAAQS) for certain air pollutants that cause or contribute 
to air pollution that is reasonably anticipated to endanger public 
health or welfare. Clean Air Act sections 108 and 109. In 1979, EPA 
promulgated an one-hour ozone standard of 0.12 parts per million (ppm) 
or 120 parts per billion (ppb) to protect public health. 44 FR 8202 
(February 8, 1979).
    Ground-level ozone is generally not directly emitted into the air 
by sources. Rather, Volatile Organic Compounds (VOC) and 
NOX, both emitted by a wide variety of sources, react in the 
presence of sunlight to form additional pollutants, including ozone. 
NOX and VOC are referred to as precursors of ozone.
    The Act, as amended in 1990, required EPA to designate as 
nonattainment any area that was violating the one-hour ozone standard, 
generally based on air quality monitoring data from the 1987 through 
1989 period. Clean Air Act section 107(d)(4); 56 FR 56694 (November 6, 
1991). The Act further classified these ozone nonattainment areas, 
based on the areas' ozone design values (generally the fourth highest 
daily peak one-hour ozone concentrations over a three year period at 
the areas' worst-case ozone monitoring sites) as marginal, moderate, 
serious, severe, or extreme. Marginal areas were experiencing the least 
significant ozone nonattainment problems (lowest ozone design values

[[Page 17643]]

and generally fewer ozone standard exceedences per year), while the 
areas classified as severe and extreme had the most significant ozone 
nonattainment problems.
    The control requirements and the dates by which attainment of the 
ozone standard are to be achieved vary with an area's classification. 
Marginal areas were subject to the fewest mandated emission control 
requirements and had the earliest attainment date (deadline), November 
15, 1993. Moderate areas were subject to more stringent planning and 
emission control requirements, but were provided more time to attain 
the ozone standard, until November 15, 1996. Severe and extreme areas 
are subject to even more stringent planning and control requirements, 
but are also provided more time to attain the ozone standard. Serious 
nonattainment areas fall in between moderate nonattainment areas and 
severe nonattainment areas in terms of planning requirements and 
mandated emission control requirements.
    The Metro-East/St. Louis area was classified as moderate 
nonattainment for ozone, giving it an attainment date of November 15, 
1996. This area is defined to contain Madison, Monroe, and St. Clair 
Counties in Illinois (the Metro-East portion of the nonattainment 
area), and Franklin, Jefferson, St. Charles, and St. Louis Counties and 
St. Louis City in Missouri. 40 CFR 81.314 and 81.326.
    The Act requires moderate and above ozone nonattainment areas to be 
addressed in SIPs through ozone attainment demonstrations, including 
adopted emission control regulations sufficient to achieve the ozone 
standard by the applicable ozone attainment date. The requirements of 
the Act for ozone attainment demonstrations for moderate and above 
ozone nonattainment areas are determined by considering several 
sections of the Act. Section 172(c)(6) of the Act requires SIPs to 
include enforceable emission limitations, and such other control 
measures, means or techniques as well as schedules and timetables for 
compliance, as may be necessary to provide for attainment by the 
applicable attainment date. Section 172(c)(1) of the Act requires the 
implementation of reasonably available control measures (including 
Reasonably Available Control Technology [RACT] for stationary 
industrial sources), and requires the SIP to provide for sufficient 
annual reductions in emissions of VOC and NOX as necessary 
to attain the ozone standard by the applicable attainment date. Section 
182(j)(1)(B) requires the use of photochemical grid modeling or other 
methods judged to be at least as effective to demonstrate attainment of 
the ozone standard in multi-state moderate ozone nonattainment areas 
(the Metro-East/St. Louis ozone nonattainment area is such an area). 
The attainment demonstrations based on photochemical grid modeling 
address the emission impacts of both VOC and NOX.
    The NOX emission control regulations (collectively 
referred to as the NOX rule) addressed in this proposed 
rulemaking are intended to meet the requirements for the ozone 
attainment demonstration for the Metro-East/St. Louis ozone 
nonattainment area.

E. What Analyses and EPA Rulemaking Actions Support the Need for the 
NOX Emission Control Rules?

    On October 27, 1998, the EPA promulgated a NOX SIP call 
(requiring the development of NOX SIPs and rules) for a 
number of states, including the State of Illinois. The NOX 
SIP call requires the subject States to develop NOX emission 
control regulations on a regional basis (generally statewide) of 
sufficient nature to provide for statewide NOX emissions at 
or below prescribed state-wide NOX emission budgets in 2007. 
The regional NOX emission reductions will address ozone 
formation and transport in the area of the Country primarily east of 
the Mississippi River, but will also affect the Metro-East/St. Louis 
area as a whole. Although the NOX SIP call will impact the 
Metro-East/St. Louis area, it should be noted that the State of 
Illinois has not submitted the NOX rule reviewed here for 
the purpose of meeting the requirements of the NOX SIP call. 
As noted by the Illinois Environmental Protection Agency (IEPA), the 
IEPA has submitted the NOX rule reviewed here strictly for 
the purpose of attaining the one-hour ozone standard in the Metro-East/
St. Louis area.
    Illinois is adopting NOX rules to address the 
NOX SIP call, and has submitted adopted and proposed (draft) 
rules for this purpose. On June 29, 2000, the IEPA submitted a draft 
NOX rule for EGUs to comply with the NOX SIP 
call. The EPA proposed action on this draft rule on August 31, 2000. 65 
FR 52967. Illinois adopted this rule and submitted it to the EPA on 
December 27, 2000. This NOX SIP call-based rule is currently 
undergoing separate review. The possible actions reflected in today's 
proposed rulemaking in no way relate to the State's EGU NOX 
rule under the NOX SIP call. The NOX rule 
reviewed here is another, separate rule affecting EGUs, and will be 
supplemented by the NOX SIP call-based rules when they are 
adopted by the State.
    The State of Illinois has the primary responsibility under the Act 
for ensuring that all portions of Illinois meet the ozone standard, and 
is required to submit air quality attainment and maintenance plans that 
specify emission limitations, control measures, and other measures 
necessary for attainment, maintenance, and enforcement of the NAAQS 
within the State. The attainment plan for ozone must meet the CAA 
requirements discussed above, must be adopted pursuant to notice and 
comment rulemaking, and must be submitted to the EPA for approval as 
part of the SIP.
    The States of Illinois and Missouri have worked cooperatively to 
provide the EPA with ozone attainment demonstrations for this area. 
Analyses conducted to support the attainment demonstrations for this 
area indicate that regional reductions in upwind NOX 
emissions are needed to reduce the transport of ozone into this area 
and to support the adopted ozone attainment demonstrations. These 
regional reductions in NOX emissions include control of 
NOX emissions from EGUs in Illinois and Missouri along with 
control of NOX emissions in other upwind States. The ozone 
attainment demonstration for Illinois (undergoing separate review by 
the EPA) is based, in part, on limiting NOX emissions from 
EGUs throughout Illinois to an emissions rate of no higher than 0.25 
pounds NOX per million British thermal units of heat input 
(0.25 pounds NOX/MMBtu of heat input). The Missouri EGU 
NOX emission rates would be limited to 0.25 pounds 
NOX/MMBtu of heat input in the eastern one-third of the 
State and to 0.35 pounds NOX/MMBtu of heat input in the 
western two-thirds of the State. For other impacting upwind States, the 
Illinois and Missouri ozone attainment demonstration assumes that EGU 
NOX emissions would be limited to 0.25 pounds 
NOX/MMBtu of heat input.
    At the time the original attainment demonstrations were prepared 
for the Metro-East/St. Louis ozone nonattainment area (the original 
attainment demonstrations were reviewed by the EPA in proposed 
rulemaking on April 17, 2000, 65 FR 20404), the IEPA and the Missouri 
Department of Natural Resources (MDNR) assumed that the upwind States 
would be required to achieve the 0.25 pounds NOX/MMBtu 
emission rate limits for EGUs (or even tighter NOX emission 
limits) by May 1, 2003 based on the October 1998 NOX SIP 
call. A subsequent, August 30, 2000, Court decision (Michigan v. EPA, 
No. 98-1497, District of Columbia Circuit Court

[[Page 17644]]

of Appeals) supported the NOX SIP call, but delayed its 
compliance date to May 31, 2004. The IEPA and MDNR have revised the 
ozone attainment demonstrations to reflect the delay in the upwind 
emission reductions and to demonstrate attainment of the one-hour 
standard by May 31, 2004 (the revised attainment demonstrations are 
undergoing separate review and will be addressed in a separate proposed 
rulemaking). The revised ozone attainment demonstrations continue to 
support the EGU 0.25 pounds NOX/MMBtu emission limit for 
Illinois and the EGU 0.25/0.35 pounds NOX/MMBtu emission 
limits for Missouri as being adequate to achieve attainment of the one-
hour ozone standard in the Metro-East/St. Louis ozone nonattainment 
area.
    In the April 17, 2000 proposed rulemaking on the Illinois and 
Missouri ozone attainment demonstrations, the EPA proposed to approve 
the attainment demonstrations, but proposed to disapprove the 
attainment demonstrations in the alternative if the States failed to 
submit a proposed NOX emission control rule for EGUs by June 
2000 and final, adopted regional NOX emission control rules 
for EGUs by December 2000 to support the ozone attainment 
demonstrations. The State of Missouri submitted its state-wide EGU 
NOX regulations on June 29, 2000. The EPA proposed to 
approve these regulations on August 24, 2000. 65 FR 51564. The EPA gave 
final approval to these regulations on December 28, 2000. 65 FR 82285.
    On June 29, 2000, the IEPA submitted a draft statewide 
NOX rule for EGUs to comply with the NOX SIP 
call. As noted in EPA's August 31, 2000 proposed rulemaking, the draft 
rule establishes a source compliance date contingent on the final date 
of the EPA approval of NOX SIP call-based rule for 
contiguous States (contiguous to Illinois) and for other States in 
Region 5 of the EPA or the promulgation of Federal Implementation Plans 
(FIPs) for these States by the EPA. Based on its August 31, 2000 
proposed rulemaking, the EPA has determined that the contingent 
compliance date of Illinois' draft EGU NOX SIP call-based 
rule could jeopardize the attainment of the one-hour standard in the 
Metro-East/St. Louis area by a fixed date. Recognizing this concern of 
the EPA, the IEPA has developed a draft EGU NOX rule with a 
fixed compliance date and emission rate limit that matches the 
statewide NOX emission control reflected in the Metro-East/
St. Louis ozone attainment demonstration. This draft EGU NOX 
rule is the subject of this proposed rulemaking. As noted above, this 
draft NOX rule does not displace the EGU NOX rule 
developed by the State to comply with the NOX SIP call, but 
would be supplemented by the EGU NOX SIP call-based rule at 
a later time. The proposed rule reviewed here would assure earlier 
emission reductions than those resulting from the NOX SIP 
call-based rules.

II. Summary of the State Submittal

A. When Was the NOX Emission Control Rule Submitted to the 
EPA?

    The IEPA submitted the draft 0.25 EGU NOX rule to the 
EPA on October 20, 2000.

B. Has the Rule Been Adopted by the State?

    On October 16, 2000, the IEPA submitted the 0.25 EGU NOX 
rule to the Illinois Pollution Control Board (IPCB) for the purposes of 
adoption by the State. To date, the IPCB has not adopted this rule. The 
IPCB held public hearings on this rule on November 28, 2000 and 
December 14, 2000. Adoption of the rule by the State is expected to 
occur in April 2001.
    This rule is draft and is subject to future revision through the 
public comment and adoption processes of the State. The IEPA has 
requested the EPA to parallel process the rule. The IEPA expects to 
provide the final rule to the EPA when the State rulemaking process is 
completed in the Spring of 2001.

C. What Are the Basic Components of the State's Rule?

    The rule reviewed here is proposed to constitute subpart V 
(Electric Power Generation) of part 217 of Illinois' air pollution 
control rules. It should be noted that, on August 31, 2000 (65 FR 
52967), the EPA proposed rulemaking for NOX controls under 
subpart W of part 217 of Illinois' air pollution control rules. The 
subpart W rule was developed by the State to comply with EPA's 
NOX SIP call, and will also affect sources affected by 
subpart V. As noted above, the subpart V rule is designed to achieve 
emission controls consistent with Illinois' and Missouri's ozone 
attainment demonstration for the Metro-East/St. Louis ozone 
nonattainment area and will be implemented by date certain. The subpart 
W rule will be implemented in addition to the subpart V rule, further 
reducing the NOX emissions from EGUs, but may not be 
implemented by date certain and in time to meet the ozone standard 
attainment date supported by the Illinois and Missouri ozone attainment 
demonstrations. It should be further noted that this proposed 
rulemaking on the subpart V NOX control rule must be viewed 
as being independent of the NOX SIP call-related 
rulemakings. In no way is the subpart V rule intended by the State to 
comply with the requirements of EPA's NOX SIP call.
    The following summarizes various aspects of the Subpart V rule.
1. What Geographic Region and Sources Will Be Affected by the Rule?
    Section 217.700 of the rule states that the subpart V rule would 
control the emissions of NOX from EGUs throughout the State 
of Illinois for the period of May 1 through September 30 each year 
beginning in 2003.
    Section 217.704 of the rule defines the fossil fuel-fired 
stationary boilers, combustion turbines, and combined cycle systems to 
be considered as EGUs and subject to the subpart V rule. The subject 
units are defined to be one of the following:
    (1) Any unit serving a generator that has a nameplate capacity 
greater than 25 megawatts of electrical output (25 MWe) and produces 
electricity for sale, excluding units listed in appendix D of part 217 
of the State's air pollution control rule; or
    (2) Any unit with a maximum design heat input that is greater than 
250 MMBtu per hour that commences operation on or after January 1, 
1999, serving at any time a generator that has a nameplate capacity of 
25 MWe or less and has the potential to use more than 50 percent of the 
potential electrical output capacity of the unit. Fifty (50) percent of 
a unit's potential electrical output capacity shall be determined by 
multiplying the unit's maximum design heat input by 0.0488 MWe per 
MMBtu.
2. What Are the Allowable NOX Emission Rates or Levels for 
Affected Sources?
    Section 217.706 of the subpart V rule specifies the NOX 
emission limitations for the affected sources. Following the compliance 
deadline (see item 4 below), the NOX emissions from affected 
sources are limited to 0.25 pounds of NOX per MMBtu of 
actual heat input during each control period (May 1 through September 
30), based on a control period average for each unit. Any EGU subject 
to more stringent NOX emission limitations pursuant to any 
State or Federal statute, including the State's Clean Air Act, and the 
Federal Clean Air Act must comply with both the requirements of subpart 
V and the more stringent limitations.

[[Page 17645]]

3. What Are the Compliance Options for the Affected Sources?
    The affected sources must meet the emission limitation requirement 
of this rule through compliance with the emission limit at the sources 
themselves or, for certain specified sources, may meet the emission 
limitation requirement through inter-source averaging between various 
EGUs. Direct compliance (compliance through the use of emission 
controls at the EGUs themselves and not through inter-EGU emissions 
averaging) with the emission limitation would probably entail the use 
of combustion process modifications, fuel substitutions, or catalytic 
or non-catalytic reduction technology. (The rule reviewed here does not 
specify the control techniques to be used, but these are generally the 
NOX control techniques employed for EGUs to achieve this 
emission rate limit.) Direct compliance does include averaging of 
emission rates at the sources over each control period (May 1 through 
September 30).
    Section 217.708 of the rule specifies the approach and requirements 
for emissions averaging between specific EGUs within the State of 
Illinois. Participation in the inter-source (inter-EGU) averaging 
approach is at the discretion of the source owners or operators 
themselves. For purposes of compliance with the NOX SIP 
call, the State of Illinois is establishing a NOX emissions 
trading program. Sources eligible to participate in this program have 
been specified in appendix F of part 217 of the Illinois air pollution 
control rule. These sources may participate in inter-source emissions 
averaging under the subpart V rule. The owner or operator of Soyland 
Power (an EGU not listed in appendix F) may also choose to comply with 
subpart V through the inter-source averaging program for any unit at 
Soyland Power that commenced commercial operation on or before January 
1, 2000.
    Section 217.708 of subpart V specifies the equation governing the 
averaging of emissions for units participating in the inter-source 
averaging program. Compliance through this emissions averaging program 
must be demonstrated for each EGU by November 30 following each control 
period beginning in 2003. Averaging of emissions under this rule 
section must be authorized through federally enforceable permit 
conditions for each EGU. If inter-source averaging is used to 
demonstrate compliance with the Subpart V requirements, failure to 
demonstrate such compliance collectively by all EGUs involved in the 
inter-source averaging shall result in the subject EGUs each being 
judged using the 0.25 pounds NOX per MMBtu of heat input 
emission limit averaged for each EGU over the emission control period. 
Only the non-complying EGUs, individually based on this NOX 
emission limit, will be the subjects of subsequent enforcement and 
other EGUs involved in the inter-source averaging shall not be held as 
responsible for the compliance failure based on the inter-source 
averaging.
4. What Is the Compliance/Implementation Deadline for the Affected 
Sources?
    All affected sources are subject to the requirements of subpart V 
on and after May 1, 2003.
5. What Are the Monitoring, Recordkeeping, and Reporting Requirements 
for Affected Sources?
    Section 217.710 of the rule specifies the monitoring requirements 
for affected sources. The owner or operator of an affected source must 
install, calibrate, maintain, and operate continuous emission 
monitoring systems for NOX that meet the requirements of 40 
CFR part 75, subpart B. The owner or operator of a gas-fired peaking 
unit or an oil-fired peaking unit, as defined in 40 CFR 72.2 may 
determine NOX emissions in accordance with the emission 
estimation protocol of 40 CFR part 75, subpart E.
    Section 217.712 of the rule specifies the reporting and 
recordkeeping requirements for affected sources. The owners or 
operators of affected sources must comply with the recordkeeping and 
reporting requirements of 40 CFR part 75 applicable to NOX 
emissions during the control period.
    For sources (owners or operators of subject EGUs) directly 
complying with the requirements of subpart V (not complying through 
inter-source averaging), a report must be submitted to the IEPA by 
November 30 of each year beginning in 2003 demonstrating that the 
NOX emissions from the EGUs have not exceeded the 
NOX emission limit (0.25 pounds NOX per MMBtu of 
heat input) during the control period based on control period emission 
rate averages.
    For owners or operators of sources choosing to comply through 
inter-source averaging, by November 30 of each year beginning in 2003, 
the owners or operators must submit to the IEPA a report that 
demonstrates or specifies:
    (1) For all EGUs participating in the averaging program, the 
averaged control period NOX emission rate pursuant to the 
emission rate averaging equation in section 217.708(b) of subpart V;
    (2) The control period average NOX emission rate of each 
EGU participating in the averaging program; and
    (3) The information required to determine the average 
NOX emission rate pursuant to the emission rate averaging 
equation.
    All records and supporting data needed to demonstrate compliance 
must be kept and maintained by the owners or operators of the subject 
EGUs for five years. These records and supporting data must be made 
available for inspection or copying upon the request of the IEPA or the 
EPA. Requested data and records must also be supplied to the IEPA 
within 30 days of their written request by the IEPA.

D. What Public Review Opportunities Have Been or Will Be Provided by 
the State for This Rule?

    The IPCB scheduled public hearings on this rule to take place in 
December 2000 and January 2001. A public hearing on this rule also 
occurred on February 27, 2001. To date, the EPA has not seen the 
outcome of these public hearings or other written public comments, but 
expects such information when the State submits the final, adopted rule 
in the Spring of 2001.

III. EPA Review of the Draft Rule

A. Does the Rule Adequately Support the Attainment of the Ozone 
Standard in the Metro-East/St. Louis Ozone Nonattainment Area?

    This rule is a critical element in the State's plan to attain the 
ozone standard in the Metro-East/St. Louis nonattainment area. As part 
of the modeled emissions control strategy considered in ozone modeling 
for this area, Missouri and Illinois included NOX emission 
reductions for certain sources throughout the two States. Full approval 
of the ozone attainment demonstration SIPs (Illinois and Missouri) 
(currently awaiting supplemental proposed and final rulemaking by the 
EPA) for this area are dependent upon the adoption of regional 
NOX emissions control rule sufficient to achieve attainment 
of the ozone standard. EPA's first proposed rulemaking for the ozone 
attainment demonstrations was published on April 17, 2000. 65 FR 20404. 
That proposal includes a detailed discussion of the role of regional 
NOX emission reductions in attainment of the ozone standard 
in the Metro-East/St. Louis area. The NOX emission limit 
established in the NOX rule for Illinois reviewed here is 
consistent with the

[[Page 17646]]

attainment year EGU NOX emission rate modeled in the ozone 
attainment demonstrations.

B. What Other Criteria Were Considered To Judge the Approvability of 
the Rule and Does the Rule Meet These Criteria?

    Besides setting emission limits low enough to support the ozone 
demonstration attainment, the rule must also meet other criteria before 
it can be approved as part of the SIP. To be approved by the EPA, the 
rule must also be permanent and enforceable. To be enforceable, the 
rule must: (1) Have a defined compliance deadline (this deadline must 
also require the implementation of the rule to occur in sufficient time 
to provide for the attainment of the standard by the attainment 
deadline); (2) have adequate record keeping and reporting requirements 
sufficient to allow a determination of compliance; (3) specify 
appropriate compliance methods; and (4) provide for or not circumvent 
EPA enforcement of the rule.
    EPA's review of the State rule addressed in this proposed rule 
shows that it meets these criteria. The compliance requirements (albeit 
not the specific emission control systems) are specified in the rule. 
The compliance date is specified and is compatible with the standard 
attainment date specified in the States ozone attainment demonstration. 
The recordkeeping and reporting requirements are specified and are 
acceptable. The EPA is not prevented from enforcing the rule. In fact, 
the emission trading portion of the rule specifically requires 
federally enforceable permits for the sources involved in the trading. 
Finally, the rule is permanent. Although the rule will eventually be 
supplemented by the requirements of the State's NOX SIP 
under EPA's NOX SIP call, the 0.25 pounds NOX/
MMBtu rule will remain in place, assuring the permanence of the rule.

C. Is the Rule Approvable?

    All factors considered above, it is concluded that this rule is 
approvable.

IV. Proposed Action

A. What Action Is EPA Proposing Today?

    The EPA is proposing to approve a draft statewide rule to control 
the emissions of NOX from EGUs in support of the ozone 
attainment demonstration for the Metro-East/St. Louis ozone 
nonattainment area. Because this proposed approval is based on the 
review of a draft rule, the EPA is proposing this approval through 
parallel processing, an action requested by the State of Illinois.

B. What Happens if Illinois Significantly Changes the Rule During the 
Adoption Process?

    Significant changes in the rule between the version reviewed here 
and the final adopted version, other than those changes resulting from 
issues discussed in this proposed rulemaking, may result in a new EPA 
proposed rulemaking on Illinois' subsequent submittal of the adopted 
rule. If no substantive changes, other than those anticipated or caused 
by this proposed rulemaking, are found in the final adopted rule, the 
EPA will proceed with final rulemaking on the rule.

V. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. This proposed action merely proposes to approve state law as 
meeting federal requirements and imposes no additional requirements 
beyond those imposed by state law. Accordingly, the Administrator 
certifies that this proposed rule will not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to 
approve pre-existing requirements under state law and does not impose 
any additional enforceable duty beyond that required by state law, it 
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). This proposed rule also does not have a 
substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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 (64 FR 43255, August 10, 1999), because it 
merely proposes to approve a state rule implementing a federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this proposed rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This proposed rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen oxides, 
Ozone, Reporting and recordkeeping requirements.

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


    Dated: March 23, 2001.
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 01-8020 Filed 4-02-01; 8:45 am]
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