[Federal Register Volume 69, Number 218 (Friday, November 12, 2004)]
[Rules and Regulations]
[Pages 65378-65381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24916]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R05-OAR-2004-IL-0003; FRL-7831-8]


Approval and Promulgation of 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 July 29, 2003, 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 (CILCO Edwards). This revision 
request is identical to an earlier temporary SIP revision, which EPA 
approved on April 13, 2000 (65 FR 19838). Therefore, EPA is approving 
the July 29, 2003, permanent SIP revision request.

DATES: This ``direct final'' rule is effective on January 11, 2005 
unless EPA receives adverse written comments by December 13, 2004. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the rule in the Federal Register and inform the public that the rule 
will not take effect.

ADDRESSES: Submit comments, identified by Regional Material in EDocket 
(RME) ID No. R05-OAR-2004-IL-0003, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: http://docket.epa.gov/rmepub/. Regional Material 
in EDocket (RME), EPA's electronic public docket and comments system, 
is EPA's preferred method for receiving comments. Once in the system, 
select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
    E-mail: [email protected].
    Fax: (312) 886-5824.
    Mail: You may send written comments to: J. Elmer Bortzer, Chief, 
Air Programs Branch, (AR-18J), U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
    Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief, 
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 
60604.
    Such deliveries are only accepted during the Regional Office's 
normal hours of operation. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding 
Federal holidays.
    Instructions: Direct your comments to Regional Material in EDocket 
(RME) ID No. R05-OAR-2004-IL-0003. EPA's policy is that all comments 
received will be included in the public docket without change, 
including any personal information provided, unless the comment 
includes information claimed to be Confidential Business Information 
(CBI) or other information whose

[[Page 65379]]

disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through Regional Material in 
EDocket (RME), regulations.gov, or e-mail. The EPA RME Web site and the 
federal regulations.gov Web site are ``anonymous access'' systems, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through RME or 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses. For 
additional instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of the related proposed rule which is 
published in the Proposed Rules section of this Federal Register.
    Docket: All documents in the electronic docket are listed in the 
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/index.jsp. Although listed in the index, some information is not 
publicly available, i.e., Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at Environmental Protection Agency, Region 5, Air and 
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
(We recommend that you telephone Mary Portanova, Environmental 
Engineer, at (312) 353-5954 before visiting the Region 5 office.) This 
Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch, EPA Region 
5, Chicago, Illinois 60604, (312) 353-5954, [email protected].

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

I. General Information
    A. Does This Action Apply to Me?
    B. How Can I Get Copies of This Document and Other Related 
Information?
    C. How and To Whom Do I Submit Comments?
II. What Action Is Being Taken in This Document?
III. What Has Changed in the Illinois SO2 SIP?
IV. What Is EPA's Final Rulemaking Action?
V. Statutory and Executive Order Reviews

I. General Information

A. Does This Action Apply to Me?

    This action applies to a single source, CILCO Edwards Generating 
Station, in Peoria County, IL.

B. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an electronic public 
rulemaking file available for inspection at Regional Material in 
EDocket (RME) under RME ID No. R05-OAR-2004-IL-0003, and a hard copy 
file which is available for inspection at the Regional Office. The 
official public file consists of the documents specifically referenced 
in this action, any public comments received, and other information 
related to this action. Although a part of the official docket, the 
public rulemaking file does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public rulemaking file is the collection of 
materials that is available for public viewing at the Air Programs 
Branch, Air and Radiation Division, EPA Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. EPA requests that if at all 
possible, you contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m. excluding Federal holidays.
    2. Electronic Access. You may access this Federal Register document 
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 5 Air Docket ``R05-OAR-
2004-IL-0003'' in the subject line on the first page of your comment. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    For detailed instructions on submitting public comments and on what 
to consider as you prepare your comments see the ADDRESSES section and 
the section I General Information of the SUPPLEMENTARY INFORMATION 
section of the related proposed rule which is published in the Proposed 
Rules section of this Federal Register.

II. What Action Is Being Taken in This Document?

    EPA is approving a site-specific request to revise Illinois' 
SO2 SIP for CILCO Edwards in Bartonville, Illinois. The 
requested revision limits the SO2 emissions of the plant's 
three boilers. On April 15, 1999, the Illinois Pollution Control Board 
(IPCB) granted CILCO Edwards a variance to the SO2 emission 
limits of 35 Illinois Administrative Code (IAC) 214.141. EPA approved 
the variance on April 13, 2000 (65 FR 19838). Under the terms of the 
variance, CILCO Edwards could apply to the IPCB to convert the variance 
to a permanent site-specific SIP revision. If CILCO Edwards chose not 
to apply for permanence, the variance was to expire on February 28, 
2002. CILCO Edwards did apply for permanence, filing its petition of 
site-specific rulemaking with the Office of the Clerk of the IPCB on 
April 26, 2002. The Notice of Hearing for this petition was filed 
August 21, 2002, and the public hearing was held on October 11, 2002. 
The IPCB adopted the variance's emission limits into 35

[[Page 65380]]

IAC 214.561, and Illinois submitted this rule to the EPA as a SIP 
revision request on July 29, 2003.
    The regulatory language in 35 IAC 214.561, as published in the 
Illinois Register on July 25, 2003 (27 IR 12101), is identical to the 
language which the EPA approved as a SIP revision on April 13, 2000 (65 
FR 19838). Therefore, the EPA is relying on the April 13, 2000 action 
to support its rulemaking action on Illinois' July 29, 2003 request. 
For further information, please see 65 FR 19838.

III. What Has Changed in the Illinois SO2 SIP?

    This SIP revision request simply makes permanent the following 
SO2 emission limits in the Illinois SIP at 35 IAC 214.561: 
CILCO Edwards operates three boilers, numbered 1, 2, and 3. The average 
SO2 emissions from Boilers 1, 2, and 3, as a group, may not 
exceed 4.71 lb/MMBTU actual heat input.
    The average SO2 emissions from any one boiler may not 
exceed 6.6 lb/MMBTU actual heat input.
    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.
    A plantwide SO2 emissions limit for CILCO Edwards limits 
Boilers 1, 2, and 3, as a group, to 34,613 pounds SO2 per 
hour (lb/hr) on a 24-hour average. Compliance with the plantwide limit 
must also be determined on a daily basis using the Phase II Acid Rain 
methodology.

IV. What Is EPA's Final Rulemaking Action?

    EPA is approving the July 29, 2003, site-specific SO2 
SIP revision request for the Central Illinois Light Company's Edwards 
Generating Station in Peoria County, Illinois.

V. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget.

Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    For the above reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves State law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by State law. Accordingly, the Administrator certifies that 
this 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.).

Unfunded Mandates Reform Act

    Because this rule approves 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).

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
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).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it 
does 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 (64 FR 43255, August 
10, 1999). This action merely approves 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.

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.

National Technology Transfer Advancement Act

    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.

Paperwork Reduction Act

    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.).

Congressional Review Act

    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 today's action under 
section 801 because this is a rule of particular applicability.
    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 January 11, 2005. 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).)

[[Page 65381]]

List of Subjects in 40 CFR Part 52

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

    Dated: October 20, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
Part 52, Chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart O--Illinois

0
2. Section 52.720 is amended by adding paragraph (c)(171) to read as 
follows.


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (171) On July 29, 2003, the Illinois Environmental Protection 
Agency submitted a 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.
    (i) Incorporation by reference. Illinois Administrative Code Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter 1: 
Pollution Control Board Subchapter C: Emissions Standards and 
Limitations for Stationary Sources, Part 214: Sulfur Limitations, 
Subpart X: Utilities Section 214.561 E.D. Edwards Electric Generating 
Station which was amended at 27 Ill. Reg. 12101, effective July 11, 
2003.
* * * * *
[FR Doc. 04-24916 Filed 11-10-04; 8:45 am]
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