Air Plan Approval; Illinois; Multi-Pollutant Standards Rule, Control of Emissions From Large Combustion Sources, 33527-33528 [2021-13431]
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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0115; FRL–10024–
92–Region 5]
Air Plan Approval; Illinois; MultiPollutant Standards Rule, Control of
Emissions From Large Combustion
Sources
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving 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, also known as the
Multi-Pollutant Standards (MPS) Rule.
On January 23, 2020, the Illinois
Environmental Protection Agency
(IEPA) submitted a request to amend the
provisions of the MPS Rule in the
Illinois regional haze SIP. EPA is
approving the revision because it will
result in a significant decrease in
emissions of Oxides of Nitrogen and
Sulfur Dioxide, 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:
DATES:
The final is effective July 26,
2021.
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2020–0115. 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.
lotter on DSK11XQN23PROD with RULES1
ADDRESSES:
VerDate Sep<11>2014
16:27 Jun 24, 2021
Jkt 253001
Charles Hatten, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR18J),
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 being addressed in this
document?
This rule approves IEPA’s January 23,
2020, submission to amend
requirements applicable to certain coalfired EGUs in the Illinois
Administrative Code, also known as the
MPS Rule. The background for this
action is discussed in detail, and EPA’s
reasons for proposing approval were
provided, in EPA’s notice of proposed
rulemaking (NPRM), dated March 8,
2021 (86 FR 13260), and will not be
restated here.
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 April 7, 2021. We received
one comment supportive of the
proposed rule and no adverse comments
were received.
III. What action is EPA taking?
EPA is approving IEPA’s January 23,
2020 request to revise the Illinois SIP to
amend all the provisions of MPS Rule,
section 225.233, except for subsections
225.233(c), (d), and (i).
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/or 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
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33527
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 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);
• 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
E:\FR\FM\25JNR1.SGM
FR 27968 (May 22, 1997).
25JNR1
33528
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
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 August 24, 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) of the CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Sulfur
oxides.
Dated: June 14, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
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, the table in paragraph
(c) is amended under ‘‘Part 225: Control
of Emissions From Large Combustion
Sources’’, ‘‘Subpart B: Control of
Mercury Emissions From Coal-Fired
Electric Generating Units’’ by revising
the entry for ‘225.233’ to read as
follows:
■
§ 52.720
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES
Illinois citation
State
effective
date
Title/subject
*
*
*
EPA approval date
*
*
Comments
*
*
*
*
Part 225: Control of Emissions From Large Combustion Sources
*
*
*
*
*
Subpart B: Control of Mercury Emissions From Coal-Fired Electric Generating Units
225.233 .......................
Multi-Pollutant Standard (MPS) ...................
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
lotter on DSK11XQN23PROD with RULES1
[EPA–R09–OAR–2019–0709; FRL–10025–
14–Region 9]
Approval of Air Quality Implementation
Plans; California; Eastern Kern; 8-Hour
Ozone Nonattainment Area
Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
16:27 Jun 24, 2021
*
Jkt 253001
6/25/2021, [INSERT FEDERAL
REGISTER CITATION].
*
The Environmental Protection
Agency (EPA) is taking final action to
approve, or conditionally approve, all or
portions of three state implementation
plan (SIP) revisions submitted by the
State of California to meet Clean Air Act
(CAA or ‘‘the Act’’) requirements for the
2008 8-hour ozone national ambient air
quality standards (NAAQS or
‘‘standards’’) in the Eastern Kern,
California (‘‘Eastern Kern’’) ozone
nonattainment area. In this action, the
EPA refers to these submittals
collectively as the ‘‘2017 Eastern Kern
Ozone SIP.’’ The 2017 Eastern Kern
Ozone SIP addresses certain
nonattainment area requirements for the
2008 ozone NAAQS, including the
requirements for an emissions
inventory, attainment demonstration,
SUMMARY:
[FR Doc. 2021–13431 Filed 6–24–21; 8:45 am]
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*
Except (c), (d), and
(i).
*
reasonable further progress, reasonably
available control measures, contingency
measures, among others; and establishes
motor vehicle emissions budgets. The
EPA is taking final action to approve the
2017 Eastern Kern Ozone SIP as meeting
all the applicable ozone nonattainment
area requirements except for the
contingency measure requirement, for
which the EPA is taking final action to
conditionally approve, and the
reasonably available control measures
and attainment demonstration
requirements, for which the EPA is
deferring action at this time.
This rule will be effective on July
26, 2021.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0709. All
ADDRESSES:
E:\FR\FM\25JNR1.SGM
25JNR1
]]>Agencies
[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Rules and Regulations]
[Pages 33527-33528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13431]
[[Page 33527]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0115; FRL-10024-92-Region 5]
Air Plan Approval; Illinois; Multi-Pollutant Standards Rule,
Control of Emissions From Large Combustion Sources
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) to amend
requirements applicable to certain coal-fired electric generating units
(EGUs) in the Illinois Administrative Code, also known as the Multi-
Pollutant Standards (MPS) Rule. On January 23, 2020, the Illinois
Environmental Protection Agency (IEPA) submitted a request to amend the
provisions of the MPS Rule in the Illinois regional haze SIP. EPA is
approving the revision because it will result in a significant decrease
in emissions of Oxides of Nitrogen and Sulfur Dioxide, 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: The final is effective July 26, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2020-0115. 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 (AR18J),
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 being addressed in this document?
This rule approves IEPA's January 23, 2020, submission to amend
requirements applicable to certain coal-fired EGUs in the Illinois
Administrative Code, also known as the MPS Rule. The background for
this action is discussed in detail, and EPA's reasons for proposing
approval were provided, in EPA's notice of proposed rulemaking (NPRM),
dated March 8, 2021 (86 FR 13260), and will not be restated here.
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 April 7, 2021. We
received one comment supportive of the proposed rule and no adverse
comments were received.
III. What action is EPA taking?
EPA is approving IEPA's January 23, 2020 request to revise the
Illinois SIP to amend all the provisions of MPS Rule, section 225.233,
except for subsections 225.233(c), (d), and (i).
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/or 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 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);
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).
[[Page 33528]]
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 August 24, 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) of the CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Sulfur oxides.
Dated: June 14, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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, the table in paragraph (c) is amended under ``Part
225: Control of Emissions From Large Combustion Sources'', ``Subpart B:
Control of Mercury Emissions From Coal-Fired Electric Generating
Units'' by revising the entry for `225.233' to 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 225: Control of Emissions From Large Combustion Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart B: Control of Mercury Emissions From Coal-Fired Electric Generating Units
----------------------------------------------------------------------------------------------------------------
225.233........................ Multi-Pollutant 8/23/2019 6/25/2021, [INSERT Except (c), (d),
Standard (MPS). FEDERAL REGISTER and (i).
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-13431 Filed 6-24-21; 8:45 am]
BILLING CODE 6560-50-P
