[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Proposed Rules]
[Pages 13260-13263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04749]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0115; FRL-10020-88-Region 5]


Air Plan Approval; Illinois; Multi-Pollutant Standards Rule, 
Control of Emissions From Large Combustion Sources

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) to 
amend requirements applicable to certain coal-fired electric generating 
units (EGUs) in the Illinois Administrative Code (IAC), also known as 
the Multi-Pollutant Standards Rule. On January 23, 2020, the Illinois 
Environmental Protection Agency (IEPA) submitted a request to amend the 
provisions of the Multi-Pollutant Standards Rule in the Illinois 
regional haze SIP. EPA is proposing to approve the revision because it 
will result in a significant decrease in emissions of NOX 
and SO2, meets the applicable requirements of the Clean Air 
Act (CAA), and does not interfere with any applicable requirement 
concerning attainment and reasonable further progress.

DATES: Comments must be received on or before April 7, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0115 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 June 24, 2011, IEPA submitted to EPA rules to address the 
visibility protection requirements of section 169A of the CAA and 
regional haze, as codified in 40 CFR 51.308. The submission included 
the provisions contained in 35 IAC Part 225 (Part 225): Section 225.233 
Multi-Pollutant Standards (MPS) (hereafter the ``MPS Rule''). On July 
6, 2012, EPA approved subsections (a), (b), (e), and (g) of Section 
225.233 into the Illinois SIP. See 77 FR 39943.
    The MPS Rule establishes control requirements and emission 
standards for oxides of nitrogen (NOX), sulfur dioxide 
(SO2), and emissions of mercury. The MPS Rule provides the 
owner of certain EGUs an alternative means to demonstrate compliance 
with the emission standards in 35 IAC 225.230(a).\1\
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    \1\ 35 IAC 225.230 contains Illinois' mercury emission standards 
for EGUs and is not part of the federally approved SIP.
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    The owner of one or more EGUs are identified or referred to as a 
``MPS Group'' in the MPS Rule. There are currently two MPS groups in 
Illinois: The Dynegy MPS Group and the Ameren MPS Group. The Dynegy MPS 
Group included EGUs at the following facilities: Baldwin Power Station, 
Havana Power Station, Hennepin Power Station, Vermillion Power Station, 
and Wood River Power Station. The Ameren MPS Group included EGUs at the 
following facilities: The Coffeen Power Station, Duck Creek Power 
Station, E.D. Edwards Power Station, Joppa Power Station, Newton Power 
Station, Hutsonville Power Station, and the Meredosia Power Station.

MPS Rule NOX and SO2 Emission Rates

    The Dynegy MPS Group is required to comply with NOX and 
SO2 emission standards for the EGUs in section 225.233(e)(1) 
and (2). The MPS Rule requires the EGUs in the Dynegy MPS Group to meet 
a fleet-wide annual and ozone season NOX emission rate of 
0.10 pound/million British thermal units (lb/mmBtu), based on the 
greater stringency of a limit calculated from those units' base annual 
and ozone season NOX rates beginning in 2012 and continuing 
in each calendar year thereafter. The MPS rule requires the EGUs in the 
Dynegy MPS Group to meet a fleet-wide annual SO2 emission 
rate of 0.25 lb/mmBtu or a rate equivalent to 35 percent of the base 
rate of SO2 emissions, whichever was more stringent, 
beginning in the 2015 calendar year. The Dynegy MPS Group is currently 
required to meet a fleet-wide annual SO2 emission rate of 
0.19 lb/mmBtu, which was calculated as 35 percent of the units' base 
rate of SO2 emissions.
    The Ameren MPS Group is required to comply with NOX and 
SO2 emission standards for the EGUs in section 
225.233(e)(3). The MPS Rule requires the EGUs in the Ameren MPS Group 
to meet a fleet-wide annual NOX emission rate of 0.14 lb/
mmBtu and ozone season NOX emission of 0.11 lb/mmBtu 
beginning in 2010. These units were then required to meet an annual 
NOX emission rate of 0.11 lb/mmBtu beginning in 2012 and 
continuing in each calendar year thereafter. Beginning in the calendar 
year 2017, the Ameren MPS Group was required to meet a fleet-wide 
annual SO2 emission rate of 0.23 lb/mmBtu.

MPS Group Changes Due to Change of Ownership

    In 2013, the operating EGUs in the Ameren MPS Group were purchased 
by Illinois Power Holdings, LLC (IPH), a wholly owned, indirect 
subsidiary of Dynegy, Inc. (Dynegy). Dynegy purchased the EGUs at the 
Coffeen, Duck Creek, E.D. Edwards, Joppa, and Newton facilities. The 
EGUs at the Meredosia and Hutsonville facilities were transferred to 
AmerenEnergy Medina Valley Cogen LLC.
    The following EGUs were permanently retired with this purchase:

[[Page 13261]]

Vermillion Units 1 and 2; Wood River Units 4 and 5; E.D. Edwards Unit 
1; Newton Unit 2; Hutsonville Units 5 and 6; and Meredosia Units 1, 2, 
3, 4, and 5. Therefore, the remaining permitted and operating EGUs 
owned by Dynegy include: Baldwin Units 1, 2, and 3; Havana, Unit 9; 
Hennepin Units 1 and 2; Coffeen Units 1 and 2; Duck Creek Unit 1; E.D. 
Edwards Units 2 and 3; Joppa Units l, 2, 3, 4, 5, and 6; and Newton 
Unit l.
    On January 23, 2020, IEPA submitted amendments to the MPS Rule as a 
revision to the Illinois regional haze SIP. These amendments will: (1) 
Combine the two existing MPS Groups of EGUs into one MPS Group; (2) 
require all subject EGUs as a group to comply with mass-based emissions 
limitations for annual NOX and SO2 emission 
limits, and NOX emission limits for the ozone season; (3) 
add a requirement for the EGUs at the Joppa facility to comply with a 
combined annual SO2 mass-based emissions limit; (4) require 
certain facilities that operate EGUs equipped with selective catalytic 
reduction (SCR) control to comply with a specific rate-based seasonal 
NOX emissions limit and operational requirements; and (5) 
add requirements governing the transfer of EGUs from one group to a 
different owner or operator, shutdown of EGUs, recordkeeping and 
reporting.

II. What are the elements of the State's submittal?

    The amendments to the MPS Rule are as follows:

Subsection 225.233(a): General

    Subsection 225.233(a) sets forth the purpose and applicability of 
the MPS Rule to the owner of coal-fired EGUs. IEPA amended this 
subsection to establish one MPS Group that includes all of the EGUs 
owned and in operation by Dynegy. Thus, IEPA added subsection 
225.233(a)(4)(A), which provides that, on and after January 1, 2019, 
the following EGUs shall be merged into a new MPS Group: Baldwin Units 
1, 2, and 3; Coffeen Units 1 and 2; Duck Creek Units 1; E.D. Edwards 
Units 2 and 3; Havana Unit 9; Hennepin Units 1 and 2; Joppa Units 1, 2, 
3, 4, 5, and 6; and Newton Unit 1. The MPS Rule further stipulates, 
``If one or more of the listed EGUs are transferred to a different 
owner, such EGU or EGUs will become a separate MPS Group on and after 
the date of transfer. For purposes of this section, `transfer' means 
sale, conveyance, transfer, or other change in ownership of an EGU.'' 
Also, IEPA added subsection 225.233(a)(4)(B) which states, ``No other 
EGUs except for those listed in subsection 225.233(a)(4)(A) are subject 
to the requirements of this Section.''

Subsection 225.233(e): Emission Standards for NOX and 
SO2

    Subsection 225.233(e) contains the NOX and 
SO2 emissions standards applicable to the EGUs in each MPS 
Group. IEPA amended subsection 225.233(e) to include requirements that 
replace the existing annual emission rate-based NOX and 
SO2 emission limits, and NOX seasonal emission 
limits with mass-based emissions limits. Below are the revised 
NOX and SO2 emission limits.
MPS NOX Standards
    In subsection 225.233(e)(1)(C), IEPA amended the MPS Rule by adding 
the requirement that, ``beginning in the calendar year 2019 and 
continuing in each calendar year thereafter, the owner and the operator 
of the EGUs in an MPS Group must not cause or allow to be discharged 
into the atmosphere combined annual NOX emissions in excess 
of 19,000 tons from all EGUs''. In subsection 225.233(e)(1)(D), IEPA 
amended the MPS Rule by adding the requirement that, ``beginning in the 
calendar year 2019 and continuing in each calendar year thereafter, 
from May 1 to September 30, the owner and the operator of the EGUs in 
an MPS Group must not cause or allow to be discharged into the 
atmosphere combined NOX emissions in excess of 11,500 tons 
from all EGUs.''
    In subsection 225.233(e)(1)(E), IEPA amended the MPS Rule by adding 
a specific requirement for all existing EGUs currently equipped with 
selective catalytic reduction (''SCR'') control system to control 
NOX emissions. Specifically, subsection 225.233(e)(1)(E) 
states that, ``on or after January 1, 2019, the owner and operator of 
any of Baldwin Units 1 and 2, Coffeen Units 1 and 2, Duck Creek Unit 1, 
E.D. Edwards Unit 3, and Havana Unit 9 are required to comply with a 
combined NOX average emission rate of no more than 0.10 lb/
mmBtu from May 1 to September 30.'' Additionally, subsection 
225.233(e)(1)(E), requires that the owner and operator of the above-
mentioned EGUs must operate each SCR control system in accord with 
limitations, manufacturers' specifications, and good engineering and 
maintenance practices.
MPS SO2 Standards
    In subsection 225.233(e)(2)(C), IEPA amended MPS Rule by adding a 
requirement that, ``beginning in the calendar year 2019 and continuing 
in each calendar year thereafter, the owner and operator of the EGUs in 
an MPS Group must not cause or allow to be discharged into the 
atmosphere combined annual SO2 emissions in excess of 34,500 
tons from all EGUs.''
    In subsection 225.233(e)(2)(D), IEPA amended MPS Rule by adding a 
requirement which applies only to EGUs at the Joppa facility. The rule 
stipulates that, ``beginning in calendar year 2019, continuing in each 
year thereafter, the owner or operator of Joppa Units 1, 2, 3, 4, 5, 
and 6 must not cause or allow to be discharged into the atmosphere 
combined annual SO2 emissions in excess of 19,860 tons.''
    Finally, IEPA revised MPS Rule by deleting subsection 225.233(e)(3) 
in its entirety because it contains the provisions relating to the EGUs 
formerly belonging to the Ameren MPS Group. The provisions for the 
Ameren Group are being subsumed/incorporated into the applicable 
requirements for the new MPS Group identified in subsection 225.233(a).

Subsection 225.233(f): Transfer of EGUs in an MPS Group

    IEPA amended the MPS Rule by adding subsection 225.233(f) to 
include requirements governing the transfer of EGUs in an MPS Group. 
Subsection 225.233(f)(1) adds requirements for transferring of EGUs in 
an MPS Group to a different owner and from the owner acquiring the 
EGUs; subsection 225.233(f)(2) adds requirements for allocating the 
amounts of emissions that would reduce the mass emission limit for 
annual NOX and SO2, ozone season NOX 
values corresponding to the EGU or EGUs if they are transferred; and 
subsection 225.233(f)(3) adds notification of transfer requirements for 
both the transferring and acquiring owners.
    In the case of a transfer, for the MPS Group from which EGUs are 
transferred, the combined emissions limitations for the MPS Group set 
forth in subsections 225.233(e)(l) and (e)(2), as applicable, must be 
adjusted by subtracting from those limitations the applicable 
allocation amounts set forth in Columns A (Annual NOX, in 
tons per year (TPY)), B (Seasonal NOX, in tons), and C 
(Annual SO2, in TPY), in subsection 225.233(f)(2) that are 
attributable to the transferred EGUs.
    For a new MPS Group consisting of the acquired EGUs, the owner and 
operator of the EGUs in an MPS Group must not cause or allow to be 
discharged into the atmosphere combined annual NOX 
emissions, combined seasonal NOX emissions, and combined 
annual SO2 emissions in

[[Page 13262]]

excess of the applicable annual NOX, seasonal 
NOX, and annual SO2 limitation from all EGUs. The 
applicable annual NOX, seasonal NOX, and annual 
SO2 limitations shall be the sum of the allocation amounts 
attributable to all EGUs in the MPS Group set forth in Columns A 
(Annual NOX, in TPY), B (Seasonal NOX, in tons), 
and C (Annual SO2, in TPY), respectively, of subsection 
225.233(f)(2).

Subsection 225.233(g): Permanent Shutdown of EGUs in an MPS Group

    IEPA amended the MPS Rule to include requirements to address the 
permanent shutdown of EGUs in an MPS Group in subsection 225.233(g). 
Subsection 225.233(g) adds requirements for permanent shutdown of one 
or more EGUs in an MPS Group no longer subject to the MPS Rule. In the 
case of a permanent shutdown of one or more EGUs, the combined 
emissions limitations for the MPS Group in subsections 225.233(e)(1) 
and (e)(2) must be adjusted by subtracting from those limitations the 
applicable allocation amounts set forth in set forth in Columns A 
(Annual NOX, in TPY), B (Seasonal NOX, in tons), 
and C (Annual SO2, in TPY), respectively, of subsection 
225.233(g)(2) to the shutdown EGU or EGUs. The owner and operator must 
comply with the adjusted emission limitations beginning with the 
compliance period or periods in which the shutdown occurs. The MPS Rule 
makes clear that it regulates the emissions of a permanently shut down 
unit during the compliance period or periods in which the permanent 
shutdown occurs, and the procedures that the owner must comply with to 
determine compliance with the adjusted emission limitations, and 
notification requirements.

Subsection 225.233(h): Temporary Shutdown of EGUs in an MPS Group

    IEPA amended the MPS Rule to include requirements to address the 
temporary shutdown of one or more EGUs in an MPS Group in subsection 
225.233(h). Subsection 225.233(h) contains the requirements for 
temporary shutdown of one or more EGUs in an MPS Group that do not 
produce electricity for sale during an entire compliance period. 
Similar to the requirements for permanent shutdown, the combined 
emissions limitations for the MPS Group in subsections 225.233(e)(1) 
and (e)(2) must be adjusted by subtracting from those limitations the 
applicable allocation amounts set forth in set forth in Columns A 
(Annual NOX, in TPY), B (Seasonal NOX,, in tons), 
and C (Annual SO2, in TPY), respectively, of subsection 
225.233(h)(2) to the shutdown EGU or EGUs. The rule describes what a 
``temporary shutdown'' means, and the procedures that the owner must 
follow to determine compliance with the adjusted emission limitations, 
and notification requirements.

Subsection 225.233(j): Recordkeeping

    IEPA amended the MPS Rule to include a requirement to address 
recordkeeping in subsection 225.233(j). Subsection 225.233(j) adds the 
requirement that, beginning on January 1, 2019, and continuing each 
year thereafter, the owner and operator of the EGUs in an MPS Group 
must keep and maintain all records necessary to demonstrate compliance 
with Section 225.233. Also, the rule specifies that the records to be 
maintained shall include, but not be limited to, all emissions 
monitoring information gathered in accordance with 40 CFR 75, and 
copies of all reports and compliance certifications required under 
subsection 225.233(k).

Subsection 225.233(k): Reporting

    IEPA amended the MPS Rule to include a requirement to address 
reporting to demonstrate compliance with the rule in subsection 
225.233(k). Subsection 225.233(k), adds a requirement that beginning in 
year 2020, and continuing each year thereafter, the owner and operator 
of the EGUs in an MPS Group to submit reports to IEPA demonstrating 
compliance with MPS NOX and SO2 emission 
standards, transfer of EGUs, and the permanent and temporary shutdown 
of EGUs.

Subsection 225.233(l): EGU Shutdown

    IEPA amended the MPS Rule by adding subsection 225.233(l) to 
include requirements to address the appropriate steps to permanently 
shutdown EGUs. Subsection 225.233(l) adds a provision that outlines for 
the owner or operator of the EGUs specified in subsection 
225.233(a)(4)(A) the necessary procedures for documentation and 
notification to be given to the regional transmission operator, 
Midcontinent Independent System Operator (MISO), in order to obtain 
MISO approval to permanently cease operating one or more EGUs from the 
MPS Group with an aggregate capacity of at least 2,000 megawatts 
generation.

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

    EPA is proposing to approve the revisions discussed above because 
the revisions meet all applicable requirements of the CAA, consistent 
with section 110(k)(3) of the CAA and the regional haze rule. 
Furthermore, the revisions do not interfere with any applicable 
requirement concerning attainment and reasonable further progress or 
any other applicable CAA requirement, consistent with section 110(l) of 
the CAA.

A. The Revisions Do Not Interfere With the Regional Haze Rules Approved 
in the Illinois SIP

    The proposed SIP revision does not interfere with the regional haze 
rules approved in the Illinois SIP. Illinois relied on emission 
reductions of NOX and SO2 already achieved 
through implementation of the MPS Rule in its SIP submittal to EPA for 
the regional haze SIP rules. Illinois has shown that the proposed SIP 
revisions will not result in an increase of emissions of NOX 
or SO2.
    EPA has analyzed the historical emissions data from the subject 
facilities and assessed the impacts of the proposed amendments to the 
MPS Rule. The proposed amendments replace fleet-wide rate-based 
standards in the current MPS Rule with fleet-wide mass emission limits. 
This change in the method of measurement of emissions for compliance 
will result in lower allowable emissions from the operating EGUs that 
comprise the proposed combined MPS Group. The allowable emissions under 
the proposed mass-based emissions limits are being reduced to a level 
within the range of the actual emissions from the affected EGUs in the 
combined MPS Group during the years that the state implemented the most 
stringent rate-based emission limits in the current SIP.
    Under the current MPS Rule the maximum allowable emissions of 
NOX and SO2 are not specified, but these 
allowable emissions have been calculated using the rated capacity of 
each of the units that will operate in the proposed combined MPS Group 
and the emission rate that applies to each such unit currently under 
the MPS Rule. The proposed amendments would limit the combined MPS 
Group to 34,500 tons of SO2 annually rather than the 
calculated 66,354 tons of allowable annual emissions under the current 
MPS Rule. The proposed amendments would also limit the combined MPS 
Group to 19,000 tons of NOX annually rather than the 
calculated 32,841 tons of allowable annual emissions under the current 
MPS Rule. Finally, the proposed amendments would limit the combined MPS 
Group to 11,500 tons of NOX during the ozone season rather 
than the calculated 13,766 tons of allowable

[[Page 13263]]

annual emissions under the current MPS Rule. Note that these 
comparisons only consider the EGUs that will be in the new proposed MPS 
Group, rather than including all units that were part of both existing 
MPS Groups but have subsequently ceased operation.
    In addition, EPA finds by comparison that the maximum allowable 
NOX and SO2 emissions from the EGUs for the 
proposed combined new MPS Group under the proposed mass emission limits 
will be less than the projected emissions as approved in the Illinois 
SIP for regional haze. The total of projected emissions set forth in 
the Illinois SIP for regional haze from all EGUs included in both 
current MPS Groups is 55,953 tons of SO2 and 27,951 tons of 
NOX annually. These differences reflect a total of 21,453 
tons of SO2 emissions and 8,951 tons of NOX 
emissions less than projected in the Illinois SIP for regional haze. As 
such, the proposed mass-based emission limits for the combined new MPS 
Group are sufficient to limit total emissions of NOX and 
SO2 pollutants to less than the levels that were determined 
to be necessary to achieve the visibility improvement goals discussed 
in the Regional Haze SIP submittals, which satisfies the requirements 
under section 110(l) of the CAA.
    Last, EPA finds that the proposed amendments strengthen the MPS 
Rule as a result of including additional requirements to ensure that 
the combined new MPS Group of EGUs do not exceed the annual 
NOX and SO2 emissions limits, and the ozone 
season NOX emission limits.

B. The Revisions Do Not Interfere With Any Applicable CAA Requirement 
Under Section 110(l) of the CAA

    Under section 110(l) of the CAA, EPA shall not approve a SIP 
revision if it would interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171 of the CAA) or any other applicable requirement of the CAA. 
The proposed SIP revisions would not interfere with any applicable CAA 
requirements based on technical analysis submitted by IEPA.
    As discussed above, IEPA has shown that the revision will result in 
a reduction of NOX and SO2 emissions, which are 
the pollutants of concern. Furthermore, the emission standards under 
the amended MPS Rule are more stringent, replacing the rate-based 
annual emission limits for NOX and SO2, and 
NOX for the ozone season, with mass-based emission limits 
for determining compliance.
    Therefore, the proposed revisions are approvable under section 
110(l) because: (1) The proposed changes to the SIP will make the 
emissions limits for NOX and SO2 more stringent; 
(2) the proposed changes will result in a significant decrease in 
emissions of NOX, and SO2; and (3) 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 rules.

IV. What action is EPA taking?

    EPA is proposing to approve a revision to the Illinois SIP to amend 
all the provisions of MPS Rule, Section 225.233, except for subsections 
225.233(c), (d), and (i). IEPA submitted the proposed revisions to the 
MPS Rule on January 23, 2020.

V. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference revisions to Title 35 of Illinois Administrative Code Rule 
Part 225--Control of Emissions from Large Combustion Sources, Multi-
Pollutant Standards--Section 225.233, except for subsections 
225.233(c), (d), and (i), effective August 23, 2019. 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).

VI. 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);
     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, Nitrogen dioxide, Ozone, Particulate matter, Sulfur dioxide.

    Dated: March 1, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-04749 Filed 3-5-21; 8:45 am]
BILLING CODE 6560-50-P