[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)]
[Rules and Regulations]
[Pages 8612-8615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03991]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0397; FRL-9974-87--Region 5]


Air Plan Approval; Illinois; Rule Part 225, Control of Emissions 
From Large Combustion Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Illinois state implementation plan (SIP) to amend 
requirements applicable to certain coal-fired electric generating units 
(EGUs). These amendments require the Will County 3 and Joliet 6, 7, and 
8 EGUs to permanently cease combusting coal; allow other subject EGUs 
to cease combusting coal as an alternative means of compliance with 
mercury emission standards; allows the transfer of an existing sulfur 
dioxide (SO2) control technology requirement exemption from 
Joliet 6 EGU to Will County 4 EGU; require all subject EGUs to comply 
with a group annual nitrogen oxide (NOX) emission rate; and 
require only those subject EGUs that combust coal to comply with a 
group annual SO2 emission rate. EPA proposed this action on 
August 31, 2017, and received two public comments in response.

DATES: This final rule is effective on March 30, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0397. All documents in the docket are listed on 
the www.regulations.gov website. 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 
through www.regulations.gov or 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 Charles Hatten, Environmental Engineer, (312) 886-
6031 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategy Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever

[[Page 8613]]

``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary 
information section is arranged as follows:

I. Background
II. Public Comment Received and EPA's Response
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On June 24, 2011, Illinois EPA submitted to EPA state rules to 
address the visibility protection requirements of Section 169A of the 
Clean Air Act (CAA) and the regional haze rule, as codified in 40 CFR 
51.308. This submission included the following provisions contained in 
Title 35 of the Illinois Administrative Code (IAC), Part 225 (Part 
225): Sections 225.291, 225.292, 225.293, 225.295 and 225.296 (except 
for 225.296(d)), and Appendix A to Part 225. On July 6, 2012, EPA 
approved these provisions (77 FR 39943).
    On June 23, 2016, Illinois submitted revisions to these rules and 
on January 9, 2017, Illinois submitted additional information 
explaining the revisions.\1\ These rules are known as the ``Combined 
Pollutant Standard,'' and are codified at 35 IAC Part 225, Subpart B, 
titled ``Control of Emissions from Large Combustion Sources'' (CPS or 
Part 225 rules). The CPS provides certain EGUs an alternative means of 
compliance with the mercury emission standards in 35 IAC 225.230(a).\2\ 
The CPS applies to EGUs at six power plants, which are identified in 
Appendix A to the CPS. Illinois is revising the CPS to address the 
conversion of certain EGUs to fuel other than coal.
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    \1\ Illinois' final rule amended other state regulations, Parts 
214 (Sulfur Limitations), and Part 217(Nitrogen Oxide Emissions), 
and other portions of Part 225, that are not part of the Illinois 
SIP, and were not submitted to EPA as part of this action. Illinois 
stated in its statement of reasons for the final rule that these 
revisions are proposed to control emissions of sulfur dioxide 
(SO2) in and around areas designated as nonattainment 
with respect to the 2010 National Ambient Air Quality Standard 
(NAAQS), and are intended to aid Illinois' attainment planning 
efforts for the 2010 SO2 NAAQS.
    \2\ 35 IAC 225.230 contains Illinois' mercury emission standards 
for EGUs, and is not part of the federally enforceable SIP.
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    On August 31, 2017 (82 FR 41376), EPA proposed to approve the 
revisions to the Illinois air pollution control rules at 35 IAC Part 
225, specifically, sections 225.291, 225.292, 225.293, 225.295 (except 
for 225.295(a)(4)), and 225.296 (except for 225.296(d)) and 225 
Appendix A. As discussed in the proposal, the revisions meet all 
applicable requirements under the CAA, consistent with section 
110(k)(3) of the CAA and the regional haze rule. The implementation of 
CPS for the regional haze SIP rules show that the proposed revisions 
result in significant reductions of emissions of SO2, and no 
change or potential reductions in emissions of NOX. 
Additionally, although Illinois did not rely on emission reductions of 
particulate matter (PM) in its regional haze SIP submittal, the state 
has shown that the proposed SIP amendments should result in reductions 
of PM emissions. Id. at 41377-41378. Finally, with respect to the 
requirements of section 110(l) of the CAA, EPA has determined that the 
proposed SIP revisions will not interfere with attainment, reasonable 
further progress, or any other applicable requirement of the CAA 
because: (1) There are no proposed changes to any SIP emission limits, 
except to make the group wide SO2 limit more stringent; (2) 
the transfer of an existing sulfur dioxide SO2 control 
technology requirement exemption from Joliet 6 EGU to Will County 4 
does not change the regional haze plan such that EPA's assessment 
remains valid because Will County remains subject to the EGU group wide 
SO2 emission limit; (3) the conversion of the EGUs from coal 
to natural gas will result in a significant decrease in emissions of 
SO2, no increase in emissions of NOX, and 
reductions in emissions of PM; and (4) the changes are consistent with 
Illinois' long-term strategy for making reasonable progress toward 
meeting the visibility goals of Section 169A of the CAA contained in 
the state's regional haze plan. Id. at 41379.

II. Public Comments Received and EPA's Response

    EPA received two comments on the proposed approval of Illinois' 
plan.
    Comment #1: Citizens Against Ruining the Environment (``CARE''), a 
Will County, Illinois-based environmental education and advocacy 
organization, commented that ``it is no longer necessary or advisable 
for U.S. EPA to include the Will County 4 exemption in this SIP 
revision.'' As the commenter noted, under Illinois' plan, Will County 4 
is exempt from the requirement to either shut down or install FGD 
equipment to control SO2 emissions.
    In support of this assertion, the commenter notes that in 2016, 
Illinois EPA issued a Construction Permit to Midwest Generation, LLC 
authorizing the construction of a Dry Sorbent Injection (DSI) system on 
Will County 4. According to the commenter, DSI is a type of ``dry flue 
gas desulfurization technology,'' as defined by 40 CFR 63.10042. While 
recognizing that ``the explicit and primary purpose'' of this 
Construction Permit is ``to control sulfur dioxide (SO2) 
emissions of the boiler,'' the commenter also states that ``a direct 
collateral benefit is . . . compliance with the NESHAP for Coal-and 
Oil-fired Electric Utility Steam Generating Units, 40 CFR 63 Subpart 
UUUU, as provided by 40 CFR 63.991(c).'' The commenter goes on to list 
additional terms and conditions contained in the Construction Permit.
    The commenter concludes that this ``proposed SIP amendment is 
contrary to the manifest weight of the evidence because U.S. EPA does 
not acknowledge that MWG installed dry flue gas desulfurization 
technology at Will County 4. In light of this new factual information, 
there is no need for the amendment as it relates to the FGD exemption 
for Will County 4 . . . U.S. EPA's new proposal to provide an FGD 
exemption for Will County 4 is moot, and an entirely unnecessary 
component of the proposed SIP amendments. Even worse, U.S. EPA's 
uninformed decision to provide an unnecessary exemption could be used 
as a basis to justify the removal of already installed pollution 
control equipment.'' (emphasis in original).
    EPA's Response: Illinois has shown that the proposed revisions to 
the CPS will result in equal if not more reasonable progress toward 
achieving natural visibility conditions in Class I areas under 
Illinois' regional haze rules, given the net overall reduction in 
emissions from the conversion of certain EGUs to natural gas. In 
enacting the CAA, Congress found that air pollution prevention and air 
pollution control at its source is the primary responsibility of states 
and local governments. CAA section 101(a)(3). So long as the ultimate 
effect of a state's choice of emission limitations is compliance with 
the national ambient air quality standards (NAAQS) and other applicable 
requirements, the State ``is at liberty to adopt whatever mix of 
emission limitations it deems best suited to its particular 
situation.'' See, e.g., Train v. NRDC, 421 U.S. 60, 79 (1975).
    As documented in EPA's analysis of the proposed rule, Illinois has 
met all applicable requirements under the CAA, and the proposed SIP 
revision is consistent with section 110 of the CAA. Illinois has shown 
that the revisions to the CPS will result in a reduction of more than 
6,000 tons of SO2 annually in 2017, and more than 4,500 tons 
of SO2 annually in 2019 and subsequent years, beyond the 
emission reductions that would have occurred under the originally-
approved CPS emission

[[Page 8614]]

standards. Furthermore, Illinois has shown that there will be no 
increase in emissions of NOX, and that there will likely be 
reductions in emissions of PM. Thus, Illinois has demonstrated that the 
revisions will not interfere with any applicable requirement concerning 
attainment, reasonable further progress, or any other applicable 
requirement of the CAA, consistent with section 110(l) of the CAA.
    More specifically, EPA approved the FGD exemption for Joliet 6 in 
Illinois' original regional haze plan as meeting the statutory 
requirements of the CAA, so that ``transferring'' this exemption to 
Will County 4 does not change the plan such that EPA's original 
assessment is altered (82 FR 41376-41378). This is because Will County 
4 remains subject to the EGU group wide SO2 emission limit, 
which has not changed under the originally-approved CPS emission 
standards. Additionally, Joliet 6 has been converted to natural gas, 
which results in substantially less SO2 emissions than 
burning coal, and contributes to the overall decrease in SO2 
emission reductions relative to the original regional haze plan that 
EPA approved. Thus, the state has the legal authority to make this 
``reallocation,'' as it has demonstrated that the NAAQS will be 
protected, and the reallocation does not change the basis for EPA's 
original approval of Illinois' regional haze plan.
    Furthermore, EPA does not agree that approval of the SIP revision 
will ultimately result in the removal of the DSI system at Will County 
4. Midwest Generation, LLC installed the DSI system to control 
SO2 emissions, and uses it to meet the group average annual 
average SO2 emission rates required by the CPS. It is also 
likely that Will County 4 will need to operate the DSI system to 
achieve the required hydrochloric acid emission rates under the Mercury 
and Air Toxics Standards (MATS) rule. As noted by the commenter, 
``although the explicit and primary purpose'' of the Construction 
Permit is to control SO2 emissions of the boiler, ``a direct 
collateral benefit'' of the Construction Permit is ``namely, compliance 
with the [MATS rule].''
    Additionally, because Midwest Generation has already installed the 
DSI system and is operating it pursuant to the Construction Permit, 
removal of the DSI system is a physical change. Any physical change to 
Will County 4 must be reviewed for applicability under the state's 
permitting program. If Midwest Generation removes the DSI system, it 
would be required to evaluate the resulting increases in actual 
emissions, including SO2, to determine whether additional 
control technology would be required. In addition, the emission limits 
that apply to the facility will continue to apply regardless of the 
status of the DSI system.
    Comment #2: Another commenter stated that the proper term to mean 
pounds per million British thermal units should be expressed as ``lbs/
MMBtu'' instead of ``lbs/mmBtu.''
    EPA's Response: The commenter provides useful background 
information on how the term ``pounds per million British thermal 
units'' should be abbreviated, but the comment does not directly 
address the approvability of Illinois' plan. The abbreviation for the 
term ``million British thermal units,'' can be expressed in more than 
one way.
    EPA abbreviated pounds per million British thermal units as ``lbs/
mmBtu'' in our proposed approval of Illinois' revisions to the CPS 
published on August 31, 2017. The use of that term merely reflects the 
use of that abbreviation in the state's regulations to mean pounds per 
million British thermal units. EPA used ``lbs/mmBtu'' consistently 
throughout the rule so it is unlikely that there would be any 
confusion.

III. What action is EPA taking?

    EPA is approving the revisions to the Illinois air pollution 
control rules at 35 IAC Part 225, specifically, sections 225.291, 
225.292, 225.293, 225.295 (except for 225.295(a)(4)), and 225.296 
(except for 225.296(d)) and 225.Appendix A. Illinois EPA submitted the 
revisions to Part 225 on June 23, 2016, and submitted supplemental 
information on January 9, 2017.
    Illinois' final rule also included revisions to Parts 214 (Sulfur 
Limitations) and 217 (Nitrogen Oxide Emissions), and other sections of 
the Part 225 rules. At Illinois' request, EPA is not taking any action 
on those revisions, and, as noted above, on Illinois' addition of 35 
IAC 225.295(a)(4).

IV. 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 through www.regulations.gov, and at the EPA Region 
5 Office (please contact the person identified in the For Further 
Information Contact section of this preamble for more information). 
Therefore, these materials have been approved by EPA for inclusion in 
the State implementation plan, have been incorporated by reference by 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the CAA as of the effective date of the final rulemaking of 
EPA's approval, and will be incorporated by reference by the Director 
of the Federal Register in the next update to the SIP compilation.\3\
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    \3\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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

[[Page 8615]]

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 April 30, 2018. 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: February 14, 2018.
Cathy Stepp,
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. In Sec.  52.720, the table in paragraph (c) is amended under ``Part 
225: Control of Emissions From Large Combustion Sources'', by revising 
the entries for sections 225.291, 225.292, 225.293, 225.295, and 
225.296 and 225.Appendix A to read as follows:


Sec.  52.720   Identification of plan.

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    (c) * * *

                                 EPA-Approved Illinois Regulations and Statutes
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                                                             State
       Illinois citation             Title/subject         effective       EPA approval date        Comments
                                                             date
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                                                  * * * * * * *
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                          Part 225: Control of Emissions From Large Combustion Sources
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                                                  * * * * * * *
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225.291.......................  Combined Pollutant           12/7/2015  2/28/2018, [Insert      ................
                                 Standard: Purpose.                      Federal Register
                                                                         citation].
225.292.......................  Applicability of the         12/7/2015  2/28/2018, [Insert      ................
                                 Combined Pollutant                      Federal Register
                                 Standard.                               citation].
225.293.......................  Combined Pollutant           12/7/2015  2/28/2018, [Insert      ................
                                 Standard: Notice of                     Federal Register
                                 Intent.                                 citation].
225.295.......................  Combined Pollutant           12/7/2015  2/28/2018, [Insert      Except (a)(4).
                                 Standard: Emission                      Federal Register
                                 Standards for NOX and                   citation].
                                 SO2.
225.296.......................  Combined Pollutant           12/7/2015  2/28/2018, [Insert      Except (d).
                                 Standard: Control                       Federal Register
                                 Technology                              citation].
                                 Requirements for NOX,
                                 SO2, and PM Emissions.
 
                                                  * * * * * * *
225.Appendix A................  Specified EGUs for           12/7/2015  2/28/2018, [Insert      ................
                                 Purposes of the CPS                     Federal Register
                                 Coal-Fired Boilers as                   citation].
                                 of July 1, 2016.
 
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[FR Doc. 2018-03991 Filed 2-27-18; 8:45 am]
 BILLING CODE 6560-50-P