[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Rules and Regulations]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17662]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2013-0436; EPA-R05-OAR-2014-0663; FRL-9929-71-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Midwest Generation Variances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: The Environmental Protection Agency (EPA) is approving into
the Illinois regional haze State Implementation Plan (SIP) variances
affecting the following Midwest Generation, LLC facilities: Crawford
Generating Station (Cook County), Joliet Generating Station (Will
County), Powerton Generating Station (Tazewell County), Waukegan
Generating Station (Lake County), and Will County Generating Station
(Will County). The Illinois Environmental Protection Agency (IEPA)
submitted these variances to EPA for approval on May 16, 2013, and
August 18, 2014.
DATES: This final rule is effective on August 19, 2015.
ADDRESSES: EPA has established dockets for this action under Docket ID
Nos. EPA-R05-OAR-2013-0436 and EPA-R05-OAR-2014-0663. All documents in
the docket are listed on the www.regulations.gov Web site. 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. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Kathleen D'Agostino, Environmental
Engineer, at (312) 886-1767 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767,
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is the background for this action?
II. What action is EPA taking?
III. Incorporation by reference
IV. Statutory and Executive Order Reviews.
I. What is the background for this action?
On June 24, 2011, Illinois submitted a plan to address the
requirements of the Regional Haze Rule, as codified at 40 CFR 51.308.
EPA approved Illinois' regional haze SIP on July 6, 2012 (77 FR 39943).
Among the rules approved in this action to meet the best available
retrofit technology (BART) requirements of the Regional Haze Rule are
Illinois Administrative Code rules: 35 Ill. Adm. Code 225.292:
``Applicability of the Combined Pollutant Standard;'' 35 Ill. Adm. Code
225.295 ``Combined Pollutant Standard: Emissions Standards for
NOX and SO2;'' 35 Ill. Adm. Code 225.296
``Combined Pollutant Standard: Control Technology Requirements for
NOX, SO2, and PM Emissions'' (except for
paragraph 225.296(d)); and 35 Ill. Adm. Code 225 Appendix A, which
identifies the Midwest Generation Electric Generating Units (EGUs)
specified for purposes of the combined pollutant standard (CPS).
The Illinois Pollution Control Board (IPCB) granted Midwest
Generation variances to Section 225.296(a)(1) and 225.296(c)(1) on
August 23, 2012, and to Section 225.295(b) and Section 225.296(a)(2) on
April 4, 2013. IEPA submitted these variances as revisions to the
Illinois regional haze SIP on May 16, 2013, and August 18, 2014. EPA
proposed to approve these variances on April 23, 2015 (80 FR 22662).
EPA received no comments on the proposed action.
II. What action is EPA taking?
EPA is finalizing approval of the Midwest Generation variances
submitted by IEPA on May 16, 2013, and August 18, 2014, as revisions to
the Illinois regional haze SIP.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Illinois
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the CAA
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 18, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.
Dated: June 19, 2015.
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.720 is amended by adding paragraph (c)(205) to read as
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(205) On May 16, 2013, and August 18, 2014, Illinois submitted
variances to its regional haze state implementation plan affecting the
following Midwest Generation, LLC facilities: Crawford Generating
Station (Cook County), Joliet Generating Station (Will County),
Powerton Generating Station (Tazewell County), Waukegan Generating
Station (Lake County), and Will County Generating Station (Will
(i) Incorporation by Reference. (A) Illinois Pollution Control
Board Order PCB 12-121, adopted on August 23, 2012; Certificate of
Acceptance, dated August 24, 2012, filed with the Illinois Pollution
Control Board Clerk's Office August 27, 2012.
(B) Illinois Pollution Control Board Order PCB 13-24, adopted on
April 4, 2013; Certificate of Acceptance, dated May 16, 2013, filed
with the Illinois Pollution Control Board Clerk's Office May 17, 2013.
[FR Doc. 2015-17662 Filed 7-17-15; 8:45 am]
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