[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Rules and Regulations]
[Pages 42726-42727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17662]


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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.

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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, 
[email protected].

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

[[Page 42727]]

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, 
2011);
     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. 
804(2).
    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.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. Section 52.720 is amended by adding paragraph (c)(205) to read as 
follows:


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 
County).
    (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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