[Federal Register Volume 66, Number 117 (Monday, June 18, 2001)]
[Rules and Regulations]
[Pages 32769-32774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15285]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL204-2; FRL-6998-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On April 3, 2001, the EPA proposed 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 adopted rule provides NOX emission 
reductions to support attainment of the one-hour ozone standard in the 
Metro-East/St. Louis ozone nonattainment area. In the April 3, 2001, 
proposed rule, EPA noted that significant changes in the rule between 
the version upon which EPA's proposed rule is based and the final 
adopted version, other than those changes resulting from issues 
discussed in the April 3, 2001, proposed rule, would require EPA to 
prepare and publish a new EPA proposed rule on Illinois' subsequent 
submittal of the adopted rule. Because Illinois' final rule submitted 
on May 8, 2001, did not contain any significant unforeseen changes, EPA 
is responding to public comments received in response to its proposed 
rule and announcing final approval of the State adopted rule.

DATES: This final rule is effective July 18, 2001.

ADDRESSES: You may obtain copies of the State Implementation Plan 
revision request at the following address: U.S. Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. Please telephone John 
Paskevicz at (312) 886-6084 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: John Paskevicz, 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) 886-6084, E-Mail Address: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``you'' 
and ``me'' refer to the reader of this final rule and to sources 
subject to the State rule, 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 regulation?
    E. What analyses and EPA rulemaking actions support the need for 
the NOX emission control regulation?
II. Summary of the State Submittal
    A. When was the NOX emission control regulation 
submitted to the EPA?
    B. Has the regulation been adopted by the State?
    C. What are the basic components of the State's regulation?
    D. What public review opportunities have been provided by the 
State for this regulation?
III. EPA Review of the Adopted Regulation
    A. Does the regulation 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 regulation and does the regulation meet these 
criteria?
    C. Is the regulation approvable?
IV. Proposed Action Published on April 3, 2001 (64 FR 17641)

[[Page 32770]]

    What action did EPA propose to take on the State submittal in 
the April 3, 2001, proposed rule?
V. Response to Public Comments received and Final Rulemaking Action
    A. Public Comments Received on the Proposed Rule.
    B. Final Rulemaking Action.
VI. 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 
(NAAQS) 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 submittal. 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 was 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 submittal is substantially unchanged from 
the submittal on which the proposed rule was based, or if significant 
changes in the final submittal are anticipated and adequately described 
in EPA's proposed rule or result from needed corrections determined by 
the State to be necessary through review of issues described in EPA's 
proposed rule.
    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 in the 
Federal courts 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 Regulation?

    Sections 108 and 109 of the Act require the EPA to establish NAAQS 
for certain air pollutants that cause or contribute to air pollution 
that is reasonably anticipated to endanger public health or welfare. 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. 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 
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]

[[Page 32771]]

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 final rule 
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 Regulation?

    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 adopted NOX rules to address the NOX 
SIP call, and has submitted adopted rules for this purpose. The actions 
reflected in this rule 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 has been supplemented by the NOX SIP call-based 
rules.
    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) through Subpart V of 
Part 217 of the Illinois Pollution Control Board rule. 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 a proposed rule 
on April 17, 2000, 65 FR 20404; a supplemental proposed rule was 
published on April 13, 2001, 66 FR 17647), 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, 
2000 WL 1341477 (D.C.Cir.)), 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 (a supplemental proposed rule on the 
revised attainment demonstrations was published on April 13, 2001 (66 
FR 17647). 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 rule 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).
    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.

II. Summary of the State Submittal

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

    The IEPA submitted the draft 0.25 EGU NOX rule, Subpart 
V: Electric Power Generation to the EPA on October 20, 2000 and 
requested parallel processing. A final rule was submitted on May 8, 
2001.

B. Has the Regulation 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. The Final Opinion and Order in the Illinois 
regulatory proceeding was

[[Page 32772]]

adopted by the Illinois Pollution Control Board (IPCB) on April 5, 
2001. It became effective on April 17, 2001, when it was filed with the 
Illinois Secretary of State. It was published in the Illinois Register 
on May 4, 2001 at 25 Ill. Reg. 5914. The IPCB held public hearings on 
this rule on November 28, 2000 and December 14, 2000.

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

    The rule reviewed here constitutes 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: 
NOX Trading Program for Electrical Generating Units of part 
217 of Illinois' Air Pollution Control Rules (subpart W). 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.) This final rule 
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 during the ozone control 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.
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 subject 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

[[Page 32773]]

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 Provided by the State for 
This Regulation?

    The Illinois Pollution Control Board (IPCB) held public hearings on 
this rule on November 28, 2000 and December 19, 2000. A public hearing 
on this rule also occurred on February 27, 2001. The written 
transcripts of these hearings were submitted to EPA before the 
submittal of the finally adopted rule on May 8, 2001.

III. EPA Review of the Adopted Regulation

A. Does the Regulation 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) 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 rule for the ozone attainment 
demonstrations was published on April 17, 2000 (65 FR 20404). A 
supplemental proposed rule was published on April 3, 2001 (66 FR 
17647). These proposals include 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 attainment year EGU NOX emission rate 
modeled in the ozone attainment demonstrations.

B. What Other Criteria Were Considered to Judge the Approvability of 
the Regulation and Does the Regulation 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 the April 3, 2001 (64 
FR 17642) proposed rule and this final rule shows that the Illinois 
rule 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 State's ozone attainment 
demonstration. The record keeping 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 Regulation Approvable?

    Based on all factors considered above, it is concluded that this 
regulation is approvable.

IV. Proposed Action Published on April 3, 2001 (64 FR 17641)

What action did EPA propose to take on the State submittal in the April 
3, 2001 proposed rule?

    The EPA proposed to approve, through parallel processing, 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.

V. Response to Public Comments Received and Final Rulemaking Action

A. Public Comments Received on the Proposed Rule

    Two public comments were received in response to EPA's April 3, 
2001 (64 FR 17641) proposed rule. One was from the State of Illinois, 
the second from the electric utility providing electricity in the St. 
Louis area. Both commentors supported EPA's proposed approval and 
discussed how stakeholders had worked to improve air quality in the St. 
Louis area.

B. Final Rulemaking Action

    In consideration of the public comments received on the proposed 
rule and the fact that the finally adopted State rule was not changed 
during final adoption in some way that would make it unacceptable to 
EPA, EPA approves the incorporation of the Illinois rule to control 
oxides of nitrogen from electric generating units into the Illinois 
SIP. The specific rule being approved is Title 35: Environmental 
Protection; Subtitle B: Air Pollution; Chapter I: Pollution Control 
Board; Subchapter C: Emission Standards and Limitations for

[[Page 32774]]

Stationary Sources; Part 217 Nitrogen Oxides Emissions; Subpart V: 
Electric Power Generation; Adopted at 25 Ill. Reg. 5914, effective 
April 17, 2001.

VI. 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 (Public Law 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, or 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 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, Incorporation by 
reference, Nitrogen oxides, Ozone.

    Dated: June 8, 2001.
David A. Ullrich,
Acting 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 et seq.

Subpart O--Illinois

    2. Section 52.720 is amended by adding paragraph (c)(156) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (156) On May 8, 2001, the State submitted rules to control Oxides 
of Nitrogen emissions from electric generating units.
    (i) Incorporation by reference. Title 35: Environmental Protection; 
Subtitle B: Air Pollution; Chapter I: Pollution Control Board; 
Subchapter C: Emission Standards and Limitations for Stationary 
Sources; Part 217 Nitrogen Oxides Emissions; Subpart V: Electric Power 
Generation. Adopted at 25 Ill. Reg. 5914, effective April 17, 2001.

[FR Doc. 01-15285 Filed 6-15-01; 8:45 am]
BILLING CODE 6560-50-P