Air Plan Approval; Illinois; Multi-Pollutant Standards Rule, Control of Emissions From Large Combustion Sources, 13260-13263 [2021-04749]
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13260
Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules
Dated: February 19, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021–03988 Filed 3–5–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0115; FRL–10020–
88–Region 5]
Air Plan Approval; Illinois; MultiPollutant Standards Rule, Control of
Emissions From Large Combustion
Sources
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Illinois State
Implementation Plan (SIP) to amend
requirements applicable to certain coalfired 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 MultiPollutant 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.
SUMMARY:
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 https://
www.regulations.gov or via email to
blakley.pamela@epa.gov. 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
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DATES:
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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
https://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,
hatten.charles@epa.gov. 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
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
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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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 fleetwide 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:
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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 massbased 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.
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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
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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
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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
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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).
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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
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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
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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 massbased 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 ratebased 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
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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.
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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.
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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
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13263
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
E:\FR\FM\08MRP1.SGM
08MRP1
Agencies
[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 https://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 https://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\
---------------------------------------------------------------------------
\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