[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Proposed Rules]
[Pages 58320-58321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19866]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0116; FRL-10013-83-Region 5]


Air Plan Approval; Illinois; Removal of Variance for Illinois 
Power Holdings and AmerenEnergy Medina Valley Cogen Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Illinois State Implementation Plan (SIP) 
submitted on January 23, 2020, by the Illinois Environmental Protection 
Agency (IEPA). The revision removes the variance for coal-fired 
electrical generating units (EGUs) owned by the Illinois Power 
Holdings, LLC (IPH) and the AmerenEnergy Medina Valley Cogen, LLC 
(Medina Valley) from the Illinois SIP, and will reimpose tighter limits 
on all facilities currently in operation.

DATES: Comments must be received on or before October 19, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0116 at http://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, [email protected]. The 
EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding Federal holidays and facility closures due to COVID-
19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What is the background for this action?

    On November 21, 2013, the Illinois Pollution Control Board (Board) 
granted IPH and Medina Valley a variance (PCB 14-10) from the 
applicable requirements for EGUs in the Ameren MPS Group (MPS Group) of 
35 Illinois Administrative Code (IAC) Section 225.233(e)(3)(C)(iii) for 
a period beginning January 1, 2015, through December 31, 2019, and for 
EGUs in the MPS Group from 35 IAC Section 225.233(e)(3)(C)(iv) for a 
period beginning January 1, 2017, through December 31, 2019, subject to 
certain conditions. The five IPH facilities subject to the variance 
included: Coffeen Energy Center (Montgomery County), Duck Creek Energy 
Center (Fulton County), E.D. Edwards Energy Center (Peoria County), 
Joppa Energy Center (Massac County), and Newton Energy Center (Jasper 
County). The two Medina Valley facilities subject to the variance were 
the Meredosia Energy Center (Morgan County) and the Hutsonville Energy 
Center (Crawford County).
    The variance granted by the Board established an overall 
SO2 annual emission rate of 0.35 pounds per million British 
Thermal Units (lbs/mmBtu) from January 1, 2015 through December 31, 
2019. On December 21, 2015, EPA approved the variance granted to IPH

[[Page 58321]]

and Medina Valley as a revision to the Illinois SIP. See 80 FR 79261. 
EPA determined that the variance would not interfere with the 
attainment, reasonable further progress (RFP), or any other applicable 
requirement of the Clean Air Act (CAA), and thus, was approvable under 
CAA section 110(l).
    While the variance was in place, the MPS Group's annual reports 
provided by IEPA showed that the MPS Group's actual tons of 
SO2 emissions emitted (using the base line heat inputs) were 
substantially lower than the tons of SO2 emissions allowed 
by the variance (173,478-100,881 = 72,597 tons of benefit) from October 
1, 2013 through August 31, 2016. Also, several EGUs were permanently 
retired in 2016. IPH permanently retired the operation of E.D. Edwards 
Unit 1 and Newton Unit 2, and Medina Valley permanently retired the 
Hutsonville Energy Center (Units 5 and 6) and the Meredosia Energy 
Center (Units 1, 2, 3, 4, and 5).
    On September 2, 2016, IPH and Medina Valley filed a ``Joint Motion 
to Terminate the Variance'' with the Board. On October 27, 2016, the 
Board granted the ``Joint Motion to Terminate the Variance,'' and 
terminated the variance immediately. On January 23, 2020, Illinois 
submitted a request to EPA to remove the variance from the Illinois 
SIP.

II. What is EPA's analysis of the State's submittal?

    EPA has analyzed the historical emissions data from the subject 
facilities and assessed the impacts from the removal of the variance. 
Absent the variance, SO2 emissions will be reduced by 
reimposing the more stringent limits in section 225.233. These 
reductions coupled with the permanent retirement of several EGUs will 
continue to reduce regional haze forming emissions in Illinois and 
regional haze impacts downwind.
    EPA has also evaluated the potential air quality impacts of the 
removal of the variance from the Illinois SIP to ensure that the 
revision meets section 110(l) of the CAA, 42 U.S.C. 7410. To be 
approved, a SIP must not interfere with any applicable requirement 
concerning attainment, RFP, or any other applicable requirement of the 
CAA. Currently, all the facilities owned by IPH that were subject to 
the variance are in areas attaining the 2010 SO2 National 
Ambient Air Quality Standard (NAAQS). No emission increases from the 
facilities will result from the removal of the variance and will not 
adversely impact any nonattainment areas or air quality. Therefore, EPA 
finds that the SIP revision meets the CAA section 110(l) requirement as 
it will not interfere with attainment, RFP, or any other applicable CAA 
requirement. Thus, EPA is proposing to approve the removal of the 
variance from the Illinois SIP.

III. What action is EPA taking?

    EPA is proposing to approve IEPA's January 23, 2020, request to 
remove PCB 14-10 from the Illinois SIP, for IPH and Medina Valley.

IV. Incorporation by Reference

    In this document, EPA is proposing to amend regulatory text that 
includes incorporation by reference. As described in section III of 
this preamble, EPA is proposing to remove provisions of the EPA-
Approved Illinois Source-Specific Requirements from the Illinois SIP, 
which is incorporated by reference in accordance with the requirements 
of 1 CFR part 51. EPA has made and will continue to make the Illinois 
SIP generally available through www.epa.gov/sips-il 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).

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 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, and Sulfur oxides.

    Dated: September 2, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-19866 Filed 9-17-20; 8:45 am]
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