[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Rules and Regulations]
[Pages 15744-15746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07519]



[[Page 15744]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0082; FRL-9976-70--Region 5]


Air Plan Approval; Illinois; Regional Haze Progress Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
regional haze progress report under the Clean Air Act (CAA) as a 
revision to the Illinois state implementation plan (SIP). Illinois has 
satisfied the progress report requirements of the Regional Haze Rule. 
Illinois has also provided a determination of the adequacy of its 
regional haze plan with the progress report.

DATES: This final rule is effective on May 14, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0082. 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 at (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 ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Background
II. What is EPA's response to the comments?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

    States are required to submit a progress report every five years 
that evaluates progress towards the Reasonable Progress Goals (RPGs) 
for each mandatory Class I Federal area \1\ (Class I area) within the 
state and in each Class I area outside the state which may be affected 
by emissions from within the state. See 40 CFR 51.308(g). States are 
also required to submit, at the same time as the progress report, a 
determination of the adequacy of the state's existing regional haze 
SIP. See 40 CFR 51.308(h). The first progress report must be submitted 
in the form of a SIP revision and is due five years after the submittal 
of the initial regional haze SIP. On June 24, 2011, Illinois submitted 
its first regional haze SIP in accordance with the requirements of 40 
CFR 51.308. EPA approved Illinois' regional haze plan into its SIP on 
July 6, 2012, 77 FR 39943.
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    \1\ Areas designated as mandatory Class I Federal areas consist 
of national parks exceeding 6000 acres, wilderness areas and 
national memorial parks exceeding 5000 acres, and all international 
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). 
Listed at 40 CFR part 81, subpart D.
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    On February 1, 2017, Illinois submitted a SIP revision consisting 
of a report on the progress made in the first implementation period 
towards the RPGs for Class I areas outside of Illinois (progress 
report). The emissions from Illinois affected 19 Class I areas located 
out of the state. Illinois does not have any Class I areas within its 
borders. The Illinois progress report included a determination that the 
Illinois existing regional haze SIP requires no substantive revision to 
achieve the established regional haze visibility improvement and 
emissions reduction goals for 2018. EPA is approving the Illinois 
progress report on the basis that it satisfies the requirements of 40 
CFR 51.308.
    EPA published a direct final rule on October 18, 2017 (82 FR 
48431), approving the Illinois regional haze progress report as a 
revision to the Illinois SIP, along with a proposed rule (82 FR 48473) 
that provided a 30-day public comment period.
    In the direct final rule, it states that if EPA received adverse 
comments, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect. EPA received adverse comments during the comment period, 
and the October 18, 2017 direct final rule approving the Illinois 
regional haze progress report was withdrawn on December 8, 2017 (82 FR 
57836). The adverse comments received are addressed below.

II. What is EPA's response to the comments?

    EPA received two anonymous comments on the proposed approval of the 
Illinois regional haze progress report.
    Comment #1--One commenter stated that the source-specific emissions 
limits for four sources in the Illinois regional haze SIP are not 
enforceable as the emission limits were not included in the state's 
plan but were rather contained in a memorandum of understanding or 
consent decrees. These four sources are the City of Springfield City 
Water, Light, and Power electric generating facility (CWLP), the 
Dominion Kincaid power plant (Kincaid), CITGO Petroleum Corporation 
(CITGO) Lemont petroleum refinery, and Exxon Mobil Corporation (Exxon 
Mobil) Joliet petroleum refinery. The commenter raised concern that 
these limits cannot be enforced by citizens.

EPA's Response to the Comment

    The source-specific emission limits for CWLP and Kincaid are 
contained in federally enforceable permits, as well as in the Illinois' 
regional haze SIP. Illinois issued joint construction and operating air 
permits to CWLP and Kincaid pursuant to authority in the Illinois SIP. 
The two permits were incorporated into the Illinois' regional haze SIP 
(77 FR 39948). Illinois's progress report confirms that these permits, 
setting nitrogen oxide (NOX) and sulfur dioxide 
(SO2) emission limits, and operating conditions to meet the 
Regional Haze Rule requirements of the CAA, are federally enforceable. 
Additionally, the permits state that they ``establish limits for 
NOX and SO2 for the affected units that are 
directly enforceable and permanent and that are not contingent upon 
commencement of construction by the Permittee of additional emission 
control equipment for the affected units. This is because the emission 
limits for the affected units are legally required pursuant to section 
169A of the CAA and these limits are enforceable.'' Similarly, Illinois 
incorporated emission limits and operating conditions from two consent 
decrees (for CITGO and Exxon Mobil) into minor new source review 
construction permits issued pursuant to authority in the Illinois SIP. 
As such, these are federally enforceable permits potentially subject to 
enforcement through action by citizens. See 42 U.S.C. 7604.

[[Page 15745]]

    Comment #2--Another commenter stated that EPA is incorrect in 
saying that Illinois did not rely on the Cross-State Air Pollution Rule 
(CSAPR) for its regional haze goals. The commenter notes that in its 
submittal, Illinois lists the ``Transport Rule (Part 1)'' under the 
``on-the books'' control measures the state is relying on for the years 
2002-2018.
    EPA's Response to the Comment--In our direct final rule, EPA noted 
that Illinois did not rely on the Clean Air Interstate Rule (CAIR) or 
CSAPR in its regional haze SIP. 82 FR 48432. EPA's position reflects 
the statement made by Illinois in its regional haze progress report 
that ``Illinois does not rely on the use of the Clean Air Interstate 
Rule (CAIR) or CSAPR to satisfy its regional haze requirements.'' 
Instead, Illinois used state rules and other measures to satisfy the 
Regional Haze Rule requirements for Best Available Retrofit Technology 
(BART) in 40 CFR 51.308(e).
    The progress report does contain a list of modeled ``on-the-books'' 
control measures used in the analysis for the Illinois regional haze 
plan. The progress report states, ``that these control measures were 
used in the future year modeling prepared by the Midwest Regional 
Planning Organization (MRPO) prior to the Illinois SIP submittal and 
are expected to be implemented between 2002 and 2018.'' The modeling 
analysis prepared by MRPO included reductions from CAIR, as well as 
other existing federal measures, to assess anticipated future 
visibility conditions. (See 77 FR 3971; January 26, 2012). Illinois did 
not rely on emission reductions from CAIR or CSAPR to satisfy the BART 
requirements because the state demonstrated that the benefits of 
Illinois' alternative control strategy satisfied the regional haze BART 
requirements.
    We also note that CSAPR is being implemented at this time in 
Illinois and other states. Given this, it is unclear how the 
commenter's concerns are relevant to the approvability of Illinois' 
progress report.
    EPA evaluated the Illinois progress report which indicates that 
implementation of the control measures in its regional haze plan is on 
track to achieve the established regional haze visibility improvement 
goals for the first implementation period. EPA finds that the Illinois 
progress report satisfies 40 CFR 51.308.

III. What action is EPA taking?

    EPA is approving the regional haze progress report submitted on 
February 1, 2017, as a revision to the Illinois SIP on the basis that 
it satisfies the requirements of 40 CFR 51.308. The progress report 
includes an adequate discussion of the implementation of the regional 
haze SIP measures and of the significant emission reductions achieved. 
The progress report also includes a determination that the Illinois 
existing regional haze SIP is sufficient to achieve the established 
regional haze visibility improvement and emissions reduction goals for 
the first implementation period. EPA also finds that Illinois has met 
the requirements for a determination of adequacy of its regional haze 
plan with the progress report.

IV. 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 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 June 11, 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, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.


[[Page 15746]]


    Dated: April 3, 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 (e) is amended by adding the 
entry ``Regional Haze Progress Report'' immediately following the entry 
for ``Regional haze plan'' to read as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (e) * * *


                       EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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                                     Applicable
     Name of SIP provision          geographic or         State       EPA approval date          Comments
                                 nonattainment area  submittal date
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                                                  * * * * * * *
Regional Haze Progress Report..  Statewide.........        02/01/17  April 12, 2018,     .......................
                                                                      [insert Federal
                                                                      Register
                                                                      citation].
 
                                                  * * * * * * *
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[FR Doc. 2018-07519 Filed 4-11-18; 8:45 am]
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