Air Plan Approval; Illinois; Nonattainment Plans for the Lemont and Pekin SO2, 4591-4595 [2018-01925]
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Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations
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the primary reason for instituting the
rulemaking, the main purpose of the
rule was to ‘‘ensure that the Postal
Service properly accounts for the rate
effects of mail preparation changes
under § 3010.23(d)(2) of this chapter in
accordance with the Commission’s
standard articulated in Order No. 3047.’’
Order No. 3048 at 1–2. In accomplishing
that goal, the Commission initially
sought to create a more efficient process
that improved upon existing procedures
by proposing a new motion procedure
specific to compliance issues for mail
preparation changes. However, based on
its review of comments and further
analysis, the Commission determined
that any additional motion rule would
add potential inefficient redundancies.
A separate motion practice would be an
unnecessary addition to existing actions
that could include a comment filed in
a rate adjustment proceeding alerting
the Commission to the potential rate
impact of a mail preparation change, a
Postal Service request for an advance
determination on the rate impact of a
mail preparation change, an interested
party’s motion to designate a mail
preparation change as having a rate
impact, or other relevant motions. In
those actions, the Postal Service or any
interested party is free to request
discovery.18 Therefore, the Commission
disagrees with the Postal Service’s
comments that it needs to create a
separate procedure specific to
compliance issues for mail preparation
changes and submits that the final rule
provides a more effective way of
ensuring the Postal Service complies
with the price cap rules for mail
preparation changes.
In addition to potential redundancies,
the Commission also found that a
separate motion rule would conflict
with existing procedures. See Order No.
3827 at 10. For example, in a rate
adjustment proceeding, the
Commission’s rules request participants
focus their comments on whether the
Postal Service’s planned rate adjustment
complies with the price cap rules. 39
CFR 3010.11(b)(1)–(2). The Commission
must then determine whether the
planned rate adjustments are consistent
with the annual limitation and
applicable law. 39 CFR 3010.11(d). This
18 As previously discussed, under the PAEA, the
Commission retains discretion to order or permit
discovery, in part due to the ‘‘extremely
compressed time schedules under which
compliance review must be conducted.’’ Order No.
203 at 55. In most cases, the Commission functions
as a gatekeeper for limited discovery—where parties
request the Commission to propound specific
questions or requests on participants. This
gatekeeper role filters discovery requests that may
be untimely, irrelevant, intended as a leveraging
tactic, or simply abusive.
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process has accommodated nearly all
changes to mail preparation
requirements that require compliance
with the price cap rules over the past
decade without issue.19 The
Commission’s standard, articulated in
Order No. 3047, does not disrupt this
process and the Commission finds that
a separate motion procedure with
deadlines outside of the rate adjustment
proceedings would conflict with the
existing rules governing compliance
with the price cap rules.
IV. Ordering Paragraphs
It is ordered:
1. Part 3010 of title 39, Code of
Federal Regulations, is revised as set
forth below the signature of this order,
effective 30 days after publication in the
Federal Register.
2. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Ruth Ann Abrams,
Acting Secretary.
with paragraph (d)(2) of this section. If
the Postal Service’s determination
regarding compliance with paragraph
(d)(2) of this section is raised by the
Commission or any other party, the
Postal Service must demonstrate, by a
preponderance of the evidence, that a
mail preparation change does not
require compliance with paragraph
(d)(2) of this section in any proceeding
where compliance is at issue. In any
challenge to the Postal Service’s
determination concerning a mail
preparation change, the challenging
party shall provide all information to
rebut the Postal Service’s determination
that the change is not subject to the
price cap.
*
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*
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[FR Doc. 2018–01810 Filed 1–31–18; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
List of Subjects in 39 CFR Part 3010
Administrative practice and
procedure, Postal Service.
For the reasons discussed in the
preamble, the Commission amends
chapter III of title 39 of the Code of
Federal Regulations as follows:
PART 3010—REGULATION OF RATES
FOR MARKET DOMINANT PRODUCTS
[EPA–R05–OAR–2016–0138; FRL–9973–48–
Region 5]
Air Plan Approval; Illinois;
Nonattainment Plans for the Lemont
and Pekin SO2 Nonattainment Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve State Implementation Plan
(SIP) revisions, which Illinois submitted
to EPA on March 2, 2016, and
supplemented on August 8, 2016 and
May 4, 2017, for attaining the 2010 1hour sulfur dioxide (SO2) primary
national ambient air quality standard
(NAAQS) for the Lemont and Pekin
areas. These revisions (herein called the
nonattainment plans or plans) include
Illinois’ attainment demonstration and
other elements required under the Clean
Air Act (CAA) for the two areas. In
addition to an attainment
demonstration, the plans address: The
requirement for meeting reasonable
further progress (RFP) toward
attainment of the NAAQS; reasonably
available control measures and
reasonably available control technology
(RACM/RACT); emission inventories;
and contingency measures. EPA further
concludes that Illinois has demonstrated
that the plans’ provisions provide for
attainment of the 2010 1-hour primary
SO2 NAAQS in the Lemont and Pekin
areas by the attainment date of October
4, 2018. EPA proposed this action on
SUMMARY:
1. The authority citation of part 3010
continues to read as follows:
■
Authority: 39 U.S.C. 503; 3662.
2. Amend § 3010.23 by adding
paragraph (d)(5) to read as follows:
■
§ 3010.23 Calculation of percentage
change in rates.
*
*
*
*
*
(d) * * *
(5) Procedures for mail preparation
changes. The Postal Service shall
provide published notice of all mail
preparation changes in a single, publicly
available source. The Postal Service
shall file notice with the Commission of
the single source it will use to provide
published notice of all mail preparation
changes. When providing notice of a
mail preparation change, the Postal
Service shall affirmatively state whether
or not the change requires compliance
19 In Docket No. R2013–10R, although the Postal
Service contended that the Full Service IMb
requirement was not a rate change, the Postal
Service did not argue that it was unaware of the
significance of the change compared to its more
routine mail preparation changes. See Order No.
3047 at 21, 26–27.
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Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations
October 5, 2017 and received one public
comment in response.
DATES: This final rule is effective on
March 5, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0138. 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 John
Summerhays, Environmental Scientist,
at (312) 886–6067 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: John
Summerhays, Environmental Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6067,
summerhays.john@epa.gov.
SUPPLEMENTARY INFORMATION: This
supplementary information section is
arranged as follows:
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I. What action did EPA propose and why?
II. What comments did EPA receive, and
what are EPA’s responses?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What action did EPA propose and
why?
On October 5, 2017, at 82 FR 46434,
EPA proposed to approve Illinois’
nonattainment plans for the Lemont and
Pekin SO2 nonattainment areas. These
areas had been designated
nonattainment on August 5, 2013,
triggering a requirement for Illinois to
submit plans to provide for attainment
and to address other requirements under
CAA sections 110, 172, and 192. Illinois
submitted nonattainment plans for these
areas on March 2, 2016, and submitted
supplemental information on August 8,
2016 and May 4, 2017.
EPA’s proposed rulemaking provides
further background on Illinois’
submittal. Within the body of this
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proposed rulemaking, the first section
identified EPA’s action designating the
Lemont and Pekin areas as
nonattainment, thereby triggering a
requirement for Illinois to develop
nonattainment plans for the areas.
The second section of the proposal
provided an extensive discussion of
EPA’s guidance on the requirements
that SO2 nonattainment plans must meet
in order to obtain approval by EPA,
including requirements to: Submit an
emission inventory; provide for
attainment; provide for reasonable
further progress (RFP); implement
RACM (including RACT); implement a
new source permit program; and
provide contingency measures. Of
particular note, the proposal discussed
the circumstances under which EPA
expects to find that a plan that includes
emission limits with averaging times of
up to 30 days adequately provides for
attainment of the 1-hour NAAQS.
The third section of the proposed
rulemaking discussed EPA’s review of
Illinois’ demonstration that its plans
provide for attainment in the Lemont
and Pekin areas. This section discussed
the use of the atmospheric dispersion
model known as AERMOD, the
meteorological and emissions data used
in the analysis, the emission limits that
Illinois relied on, and the background
concentrations that Illinois used. This
included a discussion of Illinois’ use of
a 30-day average emission limit for the
Powerton Generating Station
(Powerton), operated by Midwest
Generation, LLC, which is located in the
Pekin area. Illinois set this limit at a
level of about 58 percent of the level of
the 1-hour limit that Illinois found
would have provided for attainment,
and which Illinois supplemented with a
requirement that Powerton have less
than five percent of the hours in any 30day period exceeding the 1-hour
emission limit that Illinois otherwise
would have set. EPA also evaluated
comments that Sierra Club submitted
during the State’s rulemaking process,
including comments related to the
proposed emission limit for Powerton.
Finally, this section summarized EPA’s
review of Illinois’ attainment
demonstration, concluding that Illinois’
proposed limit for Powerton, as
supplemented, was comparably
stringent to the 1-hour limit that would
have been necessary to provide for
attainment in accordance with EPA’s
guidance, and finding more generally
that Illinois adequately demonstrated
that its plans provided for attainment.
The fourth section of the proposal
contained EPA’s review of the rules
Illinois adopted to limit the sulfur
content of residual and distillate fuel
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oil, and EPA’s conclusion that these
limits were enforceable and approvable.
The fifth section of the proposal
explained how Illinois’ plans satisfied
other nonattainment planning
requirements, including requirements
for a comprehensive emission
inventory, RACM/RACT, an adequate
new source review program, RFP, and
contingency measures.
The sixth section of the proposal
summarized EPA’s proposed action,
namely that EPA proposed to approve
Illinois’ plans and the emission limits in
the underlying rules.
The seventh section of the proposal
identified the rules that EPA was
proposing to approve, and the eighth
section contained EPA’s review of
statutory requirements and executive
orders applicable to the proposed
rulemaking.
II. What comments did EPA receive,
and what are EPA’s responses?
In response to the proposed
rulemaking, EPA received one comment
letter, from Midwest Generation, LLC,
dated November 6, 2017. The
commenter indicated that it supports
EPA’s proposed rulemaking, provided
SO2 air quality data for the Lemont and
Pekin areas from 2013 through August
2017, and commented that ‘‘because
significant SO2 emission reductions
have already occurred in the designated
non-attainment areas, the Illinois EPA
will soon be authorized to submit a
‘clean data’ petition to U.S. EPA for the
ambient air monitoring sites that were
the basis for the non-attainment
designations.’’
These comments, which support
EPA’s action, do not require any
reassessment of the proposed
rulemaking. Additionally, the proposed
action did not address whether the
Lemont and Pekin areas (at the
monitoring sites and elsewhere) are
currently attaining the SO2 standard;
rather, the action evaluated Illinois’
nonattainment plans for areas and
proposed to find that those plans will
provide for attainment. Therefore, the
comments related to recent air quality
monitoring data for the areas are not
relevant to this rulemaking.
III. What action is EPA taking?
EPA is taking final action to approve
Illinois’ submission as a SIP revision,
which the state submitted to EPA on
March 2, 2016, and supplemented on
August 8, 2016, and May 4, 2017, for
attaining the 2010 1-hour SO2 NAAQS
for the Lemont and Pekin SO2
nonattainment areas.
These SO2 nonattainment plans
include Illinois’ attainment
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demonstrations for the Lemont and
Pekin SO2 nonattainment areas. These
attainment demonstrations use
dispersion modeling to demonstrate that
the emission limits that Illinois adopted
into Title 35 part 214 of the Illinois
Administrative Code and submitted for
EPA approval provide for air quality
meeting the SO2 NAAQS.
These limits include a 30-day average
limit for the Powerton power plant in
the Pekin area. Illinois’ modeling
demonstrated that a 1-hour limit of
6,000 pounds of SO2 per hour for this
facility, in conjunction with the other
limits that Illinois adopted and
submitted or otherwise has in place,
provide for attainment in this area.
Illinois demonstrated that a 30-day
average limit of 3,452 pounds per hour
is comparably stringent to a 1-hour limit
of 6,000 pounds per hour at this facility.
Therefore, and for reasons discussed in
the proposed rulemaking, EPA finds
that the limits submitted by Illinois,
which for Powerton include a 30-day
average limit of 3,452 pounds per hour
supplemented by a requirement that
emissions not exceed 6,000 pounds per
hour for more than 5 percent of hours,
provide for attainment of the 1-hour SO2
NAAQS.
These nonattainment plans also
satisfy requirements for emission
inventories, RACT/RACM, RFP, and
contingency measures. Additionally,
Illinois has previously addressed
requirements regarding nonattainment
area new source review. Therefore, EPA
has determined that Illinois’ SO2
nonattainment plans meet the
applicable requirements of CAA
sections 110, 172, and 192.
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
SIP, 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
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Director of the Federal Register in the
next update to the SIP compilation.1
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).
1 62
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FR 27968 (May 22, 1997).
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4593
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 2, 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,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: January 17, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
■
2. In § 52.720:
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a. In the table in paragraph (c) under
‘‘Part 214: Sulfur Limitations’’:
■ i. Revise the entries for 214.121 and
214.122 under the subheading entitled
‘‘Subpart B: New Fuel Combustion
Emission Sources’’.
■ ii. Revise the entry for 214.161 under
the subheading entitled ‘‘Subpart D:
Existing Liquid or Mixed Fuel
Combustion Emission Sources’’.
■
iii. Add new entries before
214.Appendix C for 214.600, 214.601,
214.602, 214.603, 214.604 and 214.605
under a new subheading entitled
‘‘Subpart AA: Requirements for Certain
SO2 Sources’’.
■ b. In the table in paragraph (e) add a
new entry in alphabetical order for
‘‘Sulfur dioxide (2010) nonattainment
■
plans’’ under the subheading entitled
‘‘Attainment and Maintenance Plans’’.
The additions and revisions read as
follows:
§ 52.720
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES
Illinois citation
Title/subject
*
*
State
effective
date
*
EPA approval date
*
*
Comments
*
*
*
*
*
*
*
*
Subpart B: New Fuel Combustion Emission Sources
214.121 ...................................
Large Sources .......................
12/7/2015
214.122 ...................................
Small Sources ........................
12/7/2015
*
*
*
2/1/2018, [Insert Federal
Register citation].
2/1/2018, [Insert Federal
Register citation].
*
*
Subpart D: Existing Liquid or Mixed Fuel Combustion Emission Sources
214.161 ...................................
*
Liquid Fuel Burned Exclusively.
*
12/7/2015
*
2/1/2018, [Insert Federal
Register citation].
*
*
Subpart AA: Requirements for Certain SO2 Sources
214.600 ...................................
Definitions ..............................
12/7/2015
214.601 ...................................
Applicability ............................
12/7/2015
214.602 ...................................
Compliance Deadline .............
12/7/2015
214.603 ...................................
Emission Limitations ..............
12/7/2015
214.604 ...................................
Monitoring and Testing ..........
12/7/2015
214.605 ...................................
Recordkeeping and Reporting
12/7/2015
*
*
*
*
*
*
*
*
2/1/2018, [Insert Federal
Register citation].
2/1/2018, [Insert Federal
Register citation].
2/1/2018, [Insert Federal
Register citation].
2/1/2018, [Insert Federal
Register citation].
2/1/2018, [Insert Federal
Register citation].
2/1/2018, [Insert Federal
Register citation].
*
*
(e) * * *
EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable geographic or nonattainment area
Name of SIP provision
*
*
State
submittal
date
*
EPA approval date
*
*
Comments
*
*
*
*
*
*
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Attainment and Maintenance Plans
*
Sulfur dioxide (2010) nonattainment plans.
*
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*
Lemont and Pekin ..................
*
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*
3/2/2016
*
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2/1/2018, [Insert Federal
Register citation].
*
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[FR Doc. 2018–01925 Filed 1–31–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0343; FRL–9973–49–
Region 5]
Air Plan Approval; Indiana;
Infrastructure SIP Requirements for
the 2012 PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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I. What is the background of this SIP
submission?
II. What comments were submitted on the
proposed rulemaking?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background of this SIP
submission?
The Environmental Protection
Agency (EPA) is approving elements of
a state implementation plan (SIP)
submission from Indiana regarding the
infrastructure requirements of section
110 of the Clean Air Act (CAA) for the
2012 fine particulate matter (PM2.5)
National Ambient Air Quality Standards
(NAAQS). The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA. EPA
proposed this action on August 31,
2017, and received one public comment
in response.
DATES: This final rule is effective on
March 5, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0343. 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 Eric
Svingen, Environmental Engineer, at
(312) 353–4489 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Eric
Svingen, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
SUMMARY:
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–4489,
svingen.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
A. What state submission does this
rulemaking address?
This rulemaking addresses a June 10,
2016, submission from the Indiana
Department of Environmental
Management (IDEM) intended to
address all applicable infrastructure
requirements for the 2012 PM2.5
NAAQS. On December 28, 2016, IDEM
supplemented this submittal with
additional documentation intended to
address the transport requirements of
Section 110(a)(2)(D) for the 2012 PM2.5
NAAQS; EPA will take action on this
supplement in a separate rulemaking.
B. Why did the state make this SIP
submission?
Under section 110(a)(1) and (2) of the
CAA, states are required to submit
infrastructure SIPs to ensure that their
SIPs provide for implementation,
maintenance, and enforcement of the
NAAQS, including the 2012 PM2.5
NAAQS. These submissions must
contain any revisions needed for
meeting the applicable SIP requirements
of section 110(a)(2), or certifications that
their existing SIPs for the NAAQS
already meet those requirements.
EPA highlighted this statutory
requirement in an October 2, 2007,
guidance document entitled ‘‘Guidance
on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997
8-hour Ozone and PM2.5 1 National
Ambient Air Quality Standards’’ (2007
Guidance) and has issued additional
guidance documents, the most recent on
September 13, 2013, entitled ‘‘Guidance
on Infrastructure State Implementation
Plan (SIP) Elements under CAA
Sections 110(a)(1) and (2)’’ (2013
Guidance). The SIP submission
referenced in this rulemaking pertains
to the applicable requirements of
1 PM
2.5 refers to particles with an aerodynamic
diameter of less than or equal to 2.5 micrometers,
oftentimes referred to as ‘‘fine’’ particles.
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
4595
section 110(a)(1) and (2), and addresses
the 2012 PM2.5 NAAQS.
C. What is the scope of this rulemaking?
EPA is acting upon the SIP
submission from Indiana that addresses
the infrastructure requirements of CAA
section 110(a)(1) and (2) for the 2012
PM2.5 NAAQS. The requirement for
states to make SIP submissions of this
type arises out of CAA section 110(a)(1),
which states that states must make SIP
submissions ‘‘within 3 years (or such
shorter period as the Administrator may
prescribe) after the promulgation of a
national primary ambient air quality
standard (or any revision thereof),’’ and
these SIP submissions are to provide for
the ‘‘implementation, maintenance, and
enforcement’’ of such NAAQS. The
statute directly imposes on states the
duty to make these SIP submissions,
and the requirement to make the
submissions is not conditioned upon
EPA’s taking any action other than
promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of
specific elements that ‘‘[e]ach such
plan’’ submission must address.
EPA has historically referred to these
SIP submissions made for the purpose
of satisfying the requirements of CAA
section 110(a)(1) and (2) as
‘‘infrastructure SIP’’ submissions.
Although the term ‘‘infrastructure SIP’’
does not appear in the CAA, EPA uses
the term to distinguish this particular
type of SIP submission from
submissions that are intended to satisfy
other SIP requirements under the CAA,
such as SIP submissions that address
the nonattainment planning
requirements of part D and the
prevention of significant deterioration
(PSD) requirements of part C of title I of
the CAA, and ‘‘regional haze SIP’’
submissions required to address the
visibility protection requirements of
CAA section 169A.
In this rulemaking, EPA will not take
action on three substantive areas of
section 110(a)(2): (i) Existing provisions
related to excess emissions during
periods of start-up, shutdown, or
malfunction (‘‘SSM’’) at sources, that
may be contrary to the CAA and EPA’s
policies addressing such excess
emissions; (ii) existing provisions
related to ‘‘director’s variance’’ or
‘‘director’s discretion’’ that purport to
permit revisions to SIP approved
emissions limits with limited public
notice or without requiring further
approval by EPA, that may be contrary
to the CAA; and, (iii) existing provisions
for PSD programs that may be
inconsistent with current requirements
of EPA’s ‘‘Final NSR Improvement
Rule,’’ 67 FR 80186 (December 31,
E:\FR\FM\01FER1.SGM
01FER1
]]>Agencies
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Rules and Regulations]
[Pages 4591-4595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01925]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0138; FRL-9973-48-Region 5]
Air Plan Approval; Illinois; Nonattainment Plans for the Lemont
and Pekin SO2 Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve State Implementation Plan (SIP) revisions, which
Illinois submitted to EPA on March 2, 2016, and supplemented on August
8, 2016 and May 4, 2017, for attaining the 2010 1-hour sulfur dioxide
(SO2) primary national ambient air quality standard (NAAQS)
for the Lemont and Pekin areas. These revisions (herein called the
nonattainment plans or plans) include Illinois' attainment
demonstration and other elements required under the Clean Air Act (CAA)
for the two areas. In addition to an attainment demonstration, the
plans address: The requirement for meeting reasonable further progress
(RFP) toward attainment of the NAAQS; reasonably available control
measures and reasonably available control technology (RACM/RACT);
emission inventories; and contingency measures. EPA further concludes
that Illinois has demonstrated that the plans' provisions provide for
attainment of the 2010 1-hour primary SO2 NAAQS in the
Lemont and Pekin areas by the attainment date of October 4, 2018. EPA
proposed this action on
[[Page 4592]]
October 5, 2017 and received one public comment in response.
DATES: This final rule is effective on March 5, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0138. 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 John Summerhays, Environmental Scientist, at (312)
886-6067 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: John Summerhays, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6067,
[email protected].
SUPPLEMENTARY INFORMATION: This supplementary information section is
arranged as follows:
I. What action did EPA propose and why?
II. What comments did EPA receive, and what are EPA's responses?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What action did EPA propose and why?
On October 5, 2017, at 82 FR 46434, EPA proposed to approve
Illinois' nonattainment plans for the Lemont and Pekin SO2
nonattainment areas. These areas had been designated nonattainment on
August 5, 2013, triggering a requirement for Illinois to submit plans
to provide for attainment and to address other requirements under CAA
sections 110, 172, and 192. Illinois submitted nonattainment plans for
these areas on March 2, 2016, and submitted supplemental information on
August 8, 2016 and May 4, 2017.
EPA's proposed rulemaking provides further background on Illinois'
submittal. Within the body of this proposed rulemaking, the first
section identified EPA's action designating the Lemont and Pekin areas
as nonattainment, thereby triggering a requirement for Illinois to
develop nonattainment plans for the areas.
The second section of the proposal provided an extensive discussion
of EPA's guidance on the requirements that SO2 nonattainment
plans must meet in order to obtain approval by EPA, including
requirements to: Submit an emission inventory; provide for attainment;
provide for reasonable further progress (RFP); implement RACM
(including RACT); implement a new source permit program; and provide
contingency measures. Of particular note, the proposal discussed the
circumstances under which EPA expects to find that a plan that includes
emission limits with averaging times of up to 30 days adequately
provides for attainment of the 1-hour NAAQS.
The third section of the proposed rulemaking discussed EPA's review
of Illinois' demonstration that its plans provide for attainment in the
Lemont and Pekin areas. This section discussed the use of the
atmospheric dispersion model known as AERMOD, the meteorological and
emissions data used in the analysis, the emission limits that Illinois
relied on, and the background concentrations that Illinois used. This
included a discussion of Illinois' use of a 30-day average emission
limit for the Powerton Generating Station (Powerton), operated by
Midwest Generation, LLC, which is located in the Pekin area. Illinois
set this limit at a level of about 58 percent of the level of the 1-
hour limit that Illinois found would have provided for attainment, and
which Illinois supplemented with a requirement that Powerton have less
than five percent of the hours in any 30-day period exceeding the 1-
hour emission limit that Illinois otherwise would have set. EPA also
evaluated comments that Sierra Club submitted during the State's
rulemaking process, including comments related to the proposed emission
limit for Powerton. Finally, this section summarized EPA's review of
Illinois' attainment demonstration, concluding that Illinois' proposed
limit for Powerton, as supplemented, was comparably stringent to the 1-
hour limit that would have been necessary to provide for attainment in
accordance with EPA's guidance, and finding more generally that
Illinois adequately demonstrated that its plans provided for
attainment.
The fourth section of the proposal contained EPA's review of the
rules Illinois adopted to limit the sulfur content of residual and
distillate fuel oil, and EPA's conclusion that these limits were
enforceable and approvable.
The fifth section of the proposal explained how Illinois' plans
satisfied other nonattainment planning requirements, including
requirements for a comprehensive emission inventory, RACM/RACT, an
adequate new source review program, RFP, and contingency measures.
The sixth section of the proposal summarized EPA's proposed action,
namely that EPA proposed to approve Illinois' plans and the emission
limits in the underlying rules.
The seventh section of the proposal identified the rules that EPA
was proposing to approve, and the eighth section contained EPA's review
of statutory requirements and executive orders applicable to the
proposed rulemaking.
II. What comments did EPA receive, and what are EPA's responses?
In response to the proposed rulemaking, EPA received one comment
letter, from Midwest Generation, LLC, dated November 6, 2017. The
commenter indicated that it supports EPA's proposed rulemaking,
provided SO2 air quality data for the Lemont and Pekin areas
from 2013 through August 2017, and commented that ``because significant
SO2 emission reductions have already occurred in the
designated non-attainment areas, the Illinois EPA will soon be
authorized to submit a `clean data' petition to U.S. EPA for the
ambient air monitoring sites that were the basis for the non-attainment
designations.''
These comments, which support EPA's action, do not require any
reassessment of the proposed rulemaking. Additionally, the proposed
action did not address whether the Lemont and Pekin areas (at the
monitoring sites and elsewhere) are currently attaining the
SO2 standard; rather, the action evaluated Illinois'
nonattainment plans for areas and proposed to find that those plans
will provide for attainment. Therefore, the comments related to recent
air quality monitoring data for the areas are not relevant to this
rulemaking.
III. What action is EPA taking?
EPA is taking final action to approve Illinois' submission as a SIP
revision, which the state submitted to EPA on March 2, 2016, and
supplemented on August 8, 2016, and May 4, 2017, for attaining the 2010
1-hour SO2 NAAQS for the Lemont and Pekin SO2
nonattainment areas.
These SO2 nonattainment plans include Illinois'
attainment
[[Page 4593]]
demonstrations for the Lemont and Pekin SO2 nonattainment
areas. These attainment demonstrations use dispersion modeling to
demonstrate that the emission limits that Illinois adopted into Title
35 part 214 of the Illinois Administrative Code and submitted for EPA
approval provide for air quality meeting the SO2 NAAQS.
These limits include a 30-day average limit for the Powerton power
plant in the Pekin area. Illinois' modeling demonstrated that a 1-hour
limit of 6,000 pounds of SO2 per hour for this facility, in
conjunction with the other limits that Illinois adopted and submitted
or otherwise has in place, provide for attainment in this area.
Illinois demonstrated that a 30-day average limit of 3,452 pounds per
hour is comparably stringent to a 1-hour limit of 6,000 pounds per hour
at this facility. Therefore, and for reasons discussed in the proposed
rulemaking, EPA finds that the limits submitted by Illinois, which for
Powerton include a 30-day average limit of 3,452 pounds per hour
supplemented by a requirement that emissions not exceed 6,000 pounds
per hour for more than 5 percent of hours, provide for attainment of
the 1-hour SO2 NAAQS.
These nonattainment plans also satisfy requirements for emission
inventories, RACT/RACM, RFP, and contingency measures. Additionally,
Illinois has previously addressed requirements regarding nonattainment
area new source review. Therefore, EPA has determined that Illinois'
SO2 nonattainment plans meet the applicable requirements of
CAA sections 110, 172, and 192.
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 SIP, 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.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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).
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 2, 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, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: January 17, 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:
[[Page 4594]]
0
a. In the table in paragraph (c) under ``Part 214: Sulfur
Limitations'':
0
i. Revise the entries for 214.121 and 214.122 under the subheading
entitled ``Subpart B: New Fuel Combustion Emission Sources''.
0
ii. Revise the entry for 214.161 under the subheading entitled
``Subpart D: Existing Liquid or Mixed Fuel Combustion Emission
Sources''.
0
iii. Add new entries before 214.Appendix C for 214.600, 214.601,
214.602, 214.603, 214.604 and 214.605 under a new subheading entitled
``Subpart AA: Requirements for Certain SO2 Sources''.
0
b. In the table in paragraph (e) add a new entry in alphabetical order
for ``Sulfur dioxide (2010) nonattainment plans'' under the subheading
entitled ``Attainment and Maintenance Plans''.
The additions and revisions read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Illinois Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State
Illinois citation Title/subject effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart B: New Fuel Combustion Emission Sources
----------------------------------------------------------------------------------------------------------------
214.121.......................... Large Sources...... 12/7/2015 2/1/2018, [Insert ...................
Federal Register
citation].
214.122.......................... Small Sources...... 12/7/2015 2/1/2018, [Insert ...................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart D: Existing Liquid or Mixed Fuel Combustion Emission Sources
----------------------------------------------------------------------------------------------------------------
214.161.......................... Liquid Fuel Burned 12/7/2015 2/1/2018, [Insert ...................
Exclusively. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart AA: Requirements for Certain SO Sources
----------------------------------------------------------------------------------------------------------------
214.600.......................... Definitions........ 12/7/2015 2/1/2018, [Insert ...................
Federal Register
citation].
214.601.......................... Applicability...... 12/7/2015 2/1/2018, [Insert ...................
Federal Register
citation].
214.602.......................... Compliance Deadline 12/7/2015 2/1/2018, [Insert ...................
Federal Register
citation].
214.603.......................... Emission 12/7/2015 2/1/2018, [Insert ...................
Limitations. Federal Register
citation].
214.604.......................... Monitoring and 12/7/2015 2/1/2018, [Insert ...................
Testing. Federal Register
citation].
214.605.......................... Recordkeeping and 12/7/2015 2/1/2018, [Insert ...................
Reporting. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State EPA approval date Comments
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Attainment and Maintenance Plans
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sulfur dioxide (2010) Lemont and Pekin... 3/2/2016 2/1/2018, [Insert ...................
nonattainment plans. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 4595]]
[FR Doc. 2018-01925 Filed 1-31-18; 8:45 am]
BILLING CODE 6560-50-P
