Air Plan Approval; Illinois; Removal of Variance for Illinois Power Holdings and AmerenEnergy Medina Valley Cogen Facilities, 11872-11873 [2021-03985]
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11872
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
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Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031,
hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
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[FR Doc. 2021–04057 Filed 2–26–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0116; FRL–10020–
52–Region 5]
Air Plan Approval; Illinois; Removal of
Variance for Illinois Power Holdings
and AmerenEnergy Medina Valley
Cogen Facilities
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving 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 from the sulfur dioxide
(SO2) requirements of the Illinois
Administrative Code (IAC) MultiPollutant Standard Rule for coal-fired
electrical generating units (EGUs)
owned by the Illinois Power Holdings,
LLC (IPH) and the AmerenEnergy
Medina Valley Cogen, LLC (Medina
Valley), and will reimpose tighter limits
on all facilities currently in operation.
DATES: The final is effective March 31,
2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2020–0116. 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 and
facility closures due to COVID–19. 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
SUMMARY:
VerDate Sep<11>2014
16:15 Feb 26, 2021
Jkt 253001
I. What is being addressed in this
document?
This rule approves IEPA’s January 23,
2020, submission to remove the
variance (PCB 14–10) from the Illinois
SIP, for IPH and Medina Valley, and
will reimpose tighter limits on all
facilities currently in operation under
35 IAC Section 225.233. The
background for this action is discussed
in detail in EPA’s notice of proposed
rulemaking (NPRM), dated September
18, 2020 (85 FR 58320).
II. What comments did we receive on
the proposed rule?
In the NPRM, EPA provided a 30-day
review and comment period for the
proposed rule. The comment period
ended on October 19, 2020. We received
no adverse comments on the proposed
rule.
EPA did, however, receive one
anonymous comment that did not
explain or provide a legal basis for why
the proposed action should differ, and
therefore requires no further response.
III. What action is EPA taking?
EPA is approving IEPA’s January 23,
2020, request to revise the Illinois SIP
by removing PCB 14–10 from the SIP for
IPH and Medina Valley.
IV. Incorporation by Reference
In this document, EPA is amending
regulatory text that includes
incorporation by reference. As described
in the amendments to 40 CFR part 52 set
forth below, EPA is removing provisions
of the EPA-Approved Illinois SourceSpecific 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 SIP 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).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the CAA and applicable
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
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).
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
E:\FR\FM\01MRR1.SGM
01MRR1
Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 30, 2021. 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, Sulfur oxides.
Dated: February 22, 2021.
Cheryl Newton,
Acting 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.
§ 52.720
[Amended]
2. In § 52.720, the table in paragraph
(d) is amended by removing the entry
for ‘‘IPH/Ameren Energy’’.
■
[FR Doc. 2021–03985 Filed 2–26–21; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:15 Feb 26, 2021
Jkt 253001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0626; FRL–10017–
45–Region 4]
Air Plan Approval; Tennessee;
Emissions Inventory and
Nonattainment New Source Review
Plan for Sullivan County SO2
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of State
Implementation Plan (SIP) revisions
submitted by the State of Tennessee,
through the Tennessee Department of
Environment and Conservation (TDEC),
on May 12, 2017. The portions that EPA
is approving are the emissions inventory
and nonattainment new source review
(NNSR) requirements for the 2010 1hour sulfur dioxide (SO2) primary
national ambient air quality standard
(NAAQS) for the Sullivan County SO2
nonattainment area (hereinafter referred
to as the ‘‘Sullivan County Area’’ or
‘‘Area’’). The Sullivan County Area is
comprised of a portion of Sullivan
County in Tennessee surrounding the
Eastman Chemical Company
(hereinafter referred to as ‘‘Eastman’’).
EPA is not taking action on the other
portions of the May 12, 2017, SIP
submissions. EPA has determined that
Tennessee has met the applicable
emissions inventory and NNSR
requirements under the Clean Air Act
(CAA or Act) for the 2010 1-hour
primary SO2 NAAQS in the Sullivan
County Area.
DATES: This rule is effective March 31,
2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0626. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information 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 electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
SUMMARY:
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
11873
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Steven Scofield, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Scofield can be reached via
telephone at (404) 562–9034 or via
electronic mail at scofield.steve@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
On June 22, 2010, EPA published
notice of a new 1-hour primary SO2
NAAQS of 75 parts per billion (ppb),
which is met at an ambient air quality
monitoring site when the 3-year average
of the annual 99th percentile of daily
maximum 1-hour concentrations does
not exceed 75 ppb, as determined in
accordance with appendix T of 40 CFR
part 50. See 75 FR 35520, codified at 40
CFR 50.17(a) and (b). On August 5,
2013, EPA designated a first set of 29
areas of the country as nonattainment
for the 2010 SO2 NAAQS, including the
Sullivan County Area within the State
of Tennessee. See 78 FR 47191, codified
at 40 CFR part 81, subpart C. These
‘‘Round one’’ area designations were
effective October 4, 2013. Section 191(a)
of the CAA directs states to submit SIPs
for areas designated as nonattainment
for the SO2 NAAQS to EPA within 18
months of the effective date of the
designation, i.e., by no later than April
4, 2015 in this case. Section 192(a)
requires that such plans shall provide
for NAAQS attainment as expeditiously
as practicable, but no later than 5 years
from the effective date of designation,
which is October 4, 2018 in this case, in
accordance with CAA sections 191–192.
Section 172(c) of part D of the CAA
requires such SIP submittals to comply
with the following: Provide for the
implementation of all reasonably
available control measures as
expeditiously as practicable and
attainment of the NAAQS; require
reasonable further progress (RFP);
include a comprehensive, accurate,
current inventory of actual emissions
from all sources in the area; identify and
quantify the emissions of any pollutants
from new or modified major sources in
E:\FR\FM\01MRR1.SGM
01MRR1
]]>Agencies
[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Rules and Regulations]
[Pages 11872-11873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03985]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0116; FRL-10020-52-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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving 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 from the sulfur dioxide
(SO2) requirements of the Illinois Administrative Code (IAC)
Multi-Pollutant Standard Rule for coal-fired electrical generating
units (EGUs) owned by the Illinois Power Holdings, LLC (IPH) and the
AmerenEnergy Medina Valley Cogen, LLC (Medina Valley), and will
reimpose tighter limits on all facilities currently in operation.
DATES: The final is effective March 31, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2020-0116. 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 and facility
closures due to COVID-19. 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 Strategies 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.
I. What is being addressed in this document?
This rule approves IEPA's January 23, 2020, submission to remove
the variance (PCB 14-10) from the Illinois SIP, for IPH and Medina
Valley, and will reimpose tighter limits on all facilities currently in
operation under 35 IAC Section 225.233. The background for this action
is discussed in detail in EPA's notice of proposed rulemaking (NPRM),
dated September 18, 2020 (85 FR 58320).
II. What comments did we receive on the proposed rule?
In the NPRM, EPA provided a 30-day review and comment period for
the proposed rule. The comment period ended on October 19, 2020. We
received no adverse comments on the proposed rule.
EPA did, however, receive one anonymous comment that did not
explain or provide a legal basis for why the proposed action should
differ, and therefore requires no further response.
III. What action is EPA taking?
EPA is approving IEPA's January 23, 2020, request to revise the
Illinois SIP by removing PCB 14-10 from the SIP for IPH and Medina
Valley.
IV. Incorporation by Reference
In this document, EPA is amending regulatory text that includes
incorporation by reference. As described in the amendments to 40 CFR
part 52 set forth below, EPA is removing 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 SIP 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).
V. Statutory and Executive Order Reviews
Under the Clean Air Act (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).
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
[[Page 11873]]
that before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
House of the Congress and to the Comptroller General of the United
States. EPA will submit a report containing this action and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 30, 2021. 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, Sulfur oxides.
Dated: February 22, 2021.
Cheryl Newton,
Acting 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.
Sec. 52.720 [Amended]
0
2. In Sec. 52.720, the table in paragraph (d) is amended by removing
the entry for ``IPH/Ameren Energy''.
[FR Doc. 2021-03985 Filed 2-26-21; 8:45 am]
BILLING CODE 6560-50-P
