80_FR_21756 80 FR 21681 - Approval and Promulgation of Air Quality Implementation Plans; Illinois; Illinois Power Holdings and AmerenEnergy Medina Valley Cogen Variance

80 FR 21681 - Approval and Promulgation of Air Quality Implementation Plans; Illinois; Illinois Power Holdings and AmerenEnergy Medina Valley Cogen Variance

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 75 (April 20, 2015)

Page Range21681-21685
FR Document2015-08896

The Environmental Protection Agency (EPA) is proposing to approve into the Illinois Regional Haze State Implementation Plan (SIP) a variance for the electrical generating units (EGUs) included in the Ameren multi-pollutant standard group (Ameren MPS Group). The Ameren MPS Group consists of five facilities owned by Illinois Power Holdings, LLC (IPH) and two facilities owned by AmerenEnergy Medina Valley Cogen, LLC (Medina Valley). The Illinois Environmental Protection Agency (IEPA) submitted the variance to EPA for approval on September 3, 2014.

Federal Register, Volume 80 Issue 75 (Monday, April 20, 2015)
[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Proposed Rules]
[Pages 21681-21685]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08896]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0705; FRL-9926-27-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Illinois Power Holdings and AmerenEnergy Medina Valley Cogen 
Variance

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve into the Illinois Regional Haze State Implementation Plan (SIP) 
a variance for the electrical generating units (EGUs) included in the 
Ameren multi-pollutant standard group (Ameren MPS Group). The Ameren 
MPS Group consists of five facilities owned by Illinois Power Holdings, 
LLC (IPH) and two facilities owned by AmerenEnergy Medina Valley Cogen, 
LLC (Medina Valley). The Illinois Environmental Protection Agency 
(IEPA) submitted the variance to EPA for approval on September 3, 2014.

DATES: Comments must be received on or before May 20, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2014-0705, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: aburano.douglas@epa.gov.
    3. Fax: (312) 408-2279.
    4. Mail: Doug Aburano, Chief, Attainment Planning and Maintenance 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Doug Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted during the Regional Office normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information. The Regional Office official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2014-0705. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
instructions on submitting comments, go to Section I of

[[Page 21682]]

the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Kathleen D'Agostino, Environmental 
Engineer, at (312) 886-1767 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, 
dagostino.kathleen@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. What is the background for this action?
III. What is EPA's analysis of the variance for IPH and Medina 
Valley?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What is the background for this action?

    Regional haze is visibility impairment that is caused by the 
cumulative emissions of fine particles (PM2.5) (e.g., 
sulfates, nitrates, organic carbon, elemental carbon and dust) and its 
precursors (sulfur dioxide (SO2), nitrogen oxides 
(NOX), and in some cases ammonia and volatile organic 
compounds) from numerous sources over a wide geographic area. Fine 
particulate precursors react in the atmosphere to form 
PM2.5. Aerosol PM2.5 reduces the clarity and 
distance one can see by scattering and absorbing light.
    The visibility protection program under sections 169A, 169B, and 
110(a)(2)(J) of the CAA is designed to protect visibility in national 
parks and wilderness areas (Class I areas). On December 2, 1980, EPA 
promulgated regulations, known as ``reasonably attributable visibility 
impairment (RAVI), to address visibility impairment in Class I areas 
that is reasonably attributable to a single source or small group of 
sources. On July 1, 1999, EPA promulgated the Regional Haze Rule which 
revised existing visibility regulations to incorporate provisions 
addressing regional haze impairment. EPA's Regional Haze Rule, as 
codified in Title 40 Code of Federal Regulations Part 51.308 (40 CFR 
51.308), requires states to submit regional haze SIPs. Among other 
things, the regional haze SIPs must include provisions requiring 
certain sources install and operate best available retrofit technology 
(BART).
    At 40 CFR 51.308(e)(2), the regional haze rule allows states to 
meet BART requirements by mandating alternative measures in lieu of 
mandating source-specific BART, so long as the alternative measures 
provide better visibility protection. Given the regional nature of 
visibility impairment, an alternative that results in lower emissions 
of SO2 and NOX will generally provide better 
visibility protection. Thus, in the absence of a difference in the 
spatial distribution of emissions, a modeling analysis is generally not 
necessary to be able to conclude that an alternative strategy with 
lower SO2 and NOX emissions provides better 
visibility protection.
    On June 24, 2011, Illinois submitted a plan to address the 
requirements of the Regional Haze Rule, as codified at 40 CFR 51.308. 
EPA approved Illinois' regional haze SIP on July 6, 2012 (77 FR 39943). 
In its approval, EPA determined that the emission reductions from 
sources included in the Illinois plan are significantly greater than 
even conservative definitions of BART applied to BART subject units (77 
FR 39945). EPA also addressed whether the Illinois plan, achieving 
greater emission reductions overall than the application of BART on 
BART-subject units, can also be expected to achieve greater visibility 
protection than application of BART on BART-subject units. Given that, 
in general, the Illinois power plants are substantial distances from 
any Class I area, and given that the averaging in Illinois' plan is 
only authorized within the somewhat limited region within which each 
utility's plants are located, EPA determined that a reallocation of 
emission reductions from one plant to another is unlikely to change the 
visibility impact of those emission reductions significantly. 
Consequently, EPA concluded that the significantly greater emission 
reductions that Illinois required in its regional haze SIP will yield 
greater progress toward visibility protection as compared to the 
benefits of a conservative estimate of BART.
    One of the rules approved in that action to meet BART requirements 
is 35 Illinois Administrative Code (Ill. Adm. Code) rule 225.233 Multi-
Pollutant Standard (MPS), specifically subsections (a), (b), (e), and 
(g). Section 225.233(e)(3)(C) contains the sulfur dioxide 
(SO2) emission standards applicable to the Ameren MPS Group. 
Section 225.233(e)(3)(C)(i) establishes an overall SO2 
annual emission rate for EGUs in the Ameren MPS group of 0.50 pounds 
per million Btu (lb/mmBtu) for calendar years 2010 through 2013. 
Section 225.233(e)(3)(C)(ii) establishes an overall SO2 
annual emission rate for EGUs in the Ameren MPS group of 0.43 lb/mmBtu 
for calendar year 2014. Section 225.233(e)(3)(C)(iii) establishes an 
overall SO2 annual emission rate for EGUs in the Ameren MPS 
group of 0.25 lb/mmBtu for calendar years 2015 and 2016. Section 
225.233(e)(3)(C)(iv) establishes an overall SO2 annual 
emission rate for EGUs in the Ameren MPS group of 0.23 lb/mmBtu 
beginning in calendar year 2017 and continuing each calendar year 
thereafter.
    On November 21, 2013, the Illinois Pollution Control Board (IPCB) 
granted IPH and Medina Valley a variance from

[[Page 21683]]

the applicable requirements of Section 225.233(e)(3)(C)(iii) for a 
period beginning January 1, 2015, through December 31, 2019, and 
Section 225.233(e)(3)(C)(iv) for a period beginning January 1, 2017, 
through December 31, 2019, subject to certain conditions. IEPA 
submitted the variance as a revisions to the Illinois Regional Haze SIP 
on September 3, 2014. The IPH facilities included in the Ameren MPS 
group and subject to the variance include: Coffeen Energy Center 
(Montgomery County), Duck Creek Energy Center (Fulton County), E.D. 
Edwards Energy Center (Peoria County), Joppa Energy Center (Massac 
County), and Newton Energy Center (Jasper County). The two Medina 
Valley facilities included in the Ameren MPS group and subject to the 
variance are the Meredosia Energy Center (Morgan County) and the 
Hutsonville Energy Center (Crawford County).

III. What is EPA's analysis of the variance for IPH and Medina Valley?

    As stated above, the IPCB granted IPH and Medina Valley a variance 
from the requirement of Section 225.233(e)(3)(C)(iii) to comply with an 
overall SO2 annual emission rate of 0.25 lb/mmBtu in 2015 
and 2016 for the time period from January 1, 2015, through December 31, 
2019, and from the requirement of Section 225.233(e)(3)(C)(iv) to 
comply with an overall SO2 annual emission rate of 0.23 lb/
mmBtu for the time period from January 1, 2017 through December 31, 
2019. This variance was granted subject to numerous conditions 
including, but not limited to, the following:

    1. The IPH facilities in the Ameren MPS group must comply with 
an overall SO2 annual emission rate of 0.35 lb/million 
Btu from January 1, 2015, through December 31, 2019, and an overall 
SO2 annual emission rate of 0.23 lb/mmBtu beginning on 
January 1, 2020.
    2. Medina Valley must not operate the EGUs at Meredosia and 
Hutsonville Power stations until after December 31, 2020, except 
that the FutureGen project at the Meredosia Energy Center is exempt 
from this restriction.
    3. Through December 31, 2019, IPH must continue to burn low 
sulfur coal at the E.D. Edwards, Joppa, and Newton Energy Centers. 
The combined annual average stack SO2 emissions of these 
three stations must not exceed 0.55 lb/mmBtu on a calendar year 
annual average basis.
    4. Through December 31, 2019, IPH must operate the existing Flue 
Gas Desulfurization systems at the Duck Creek and Coffeen Energy 
Centers to achieve a combined SO2 removal rate of at 
least 98 percent on a calendar year annual average basis.
    5. IPH must permanently retire E.D. Edwards Unit 1 as soon as 
allowed by the Midcontinent Independent Transmission System 
Operator, Inc. (now called the Midcontinent Independent System 
Operator).
    6. From the time period beginning October 1, 2013, through 
December 31, 2020, IPH must limit the MPS Group system-wide mass 
emissions of SO2 to no more than 327,996 tons.
    7. For the time period beginning October 1, 2013, through 
December 31, 2020, IPH must report annually to IEPA the combined 
tons of mass SO2 emissions and the overall SO2 
annual emissions rate from its five Ameren MPS group facilities. The 
report must show the mass SO2 emissions for each time 
period (October 1, 2013 through December 31, 2013, and each year 
thereafter) along with a running total of the remaining emissions 
available under the system-wide mass SO2 emissions limit.
    8. The variance also includes a condition with a schedule for 
completing the flue gas desulfurization project at the Newton Power 
Station, with major equipment components in position by September 1, 
2019, and requirements for IPH to file annual progress reports with 
IEPA from 2013 through 2019.

    In evaluating the variance submitted by Illinois, EPA assessed the 
effect the variance would have on the emissions reductions expected 
under the MPS as currently approved into the Regional Haze SIP. Under 
the conditions of the currently approved Regional Haze SIP, the Ameren 
MPS group would be expected to emit 335,774 tons of SO2 for 
the 2013-2020 time period. Under the variance, the Ameren MPS group is 
limited to 327,996 tons of SO2 over that same time period; 
7,778 tons less than would be expected under the current SIP.
    In addition, EPA evaluated the variance to ensure that the 
alternative measures contained in the variance continue to provide 
better visibility protection than the application of BART on BART-
subject units. Because the deadline for implementation of BART level 
controls in Illinois is 2017 (within 5 years of approval of Illinois' 
SIP), EPA compared the 2017 emissions under the variance to the 
application of typical Best Available Control Technology (BACT) control 
levels to the BART subject units in the Ameren MPS group. BACT limits 
are imposed on new units or units undergoing major modifications. 
Therefore, BART limits, which by definition apply to relatively old 
existing units, are unlikely to be lower than the limits that would 
apply to a new unit and would in many cases be significantly higher.

 Table 1--Comparison of Emissions Reductions at Ameren MPS Group Units Under the Variance Versus Emissions Reductions From Application of BACT Limits to
                                                                   BART Subject Units
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Base year            BACT (0.06#/MMBtu)                Variance (2017)
                                                              ------------------------------------------------------------------------------------------
                Facility                   Unit      MMMBtu                  Emissions    Emissions    Reduction                 Emissions    Reduction
                                                                 #/MMBtu       (tons)       (tons)       (tons)      #/MMBtu       (tons)       (tons)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cofeen.................................        1       18,570         1.54       14,332          557       13,775         0.35        3,250       11,082
Cofeen.................................        2       37,545         1.49        27999        1,126       26,873         0.35        6,570       21,429
Duck Creek.............................        1       22,635         0.97        11026          679       10,347         0.35        3,961        7,065
E D Edwards............................        1        6,417         3.55        11399  ...........  ...........         0.35        1,123       10,276
E D Edwards............................        2       17,222         1.70        14666          517       14,149         0.35        3,014       11,652
E D Edwards............................        3       15,972         1.21         9683          479        9,204         0.35        2,795        6,888
Hutsonville............................        5        3,161         4.53         7163  ...........            0            0  ...........        7,163
Hutsonville............................        6        3,443         4.53         7791  ...........            0            0  ...........        7,791
Joppa..................................        1       13,548         0.51         3441  ...........            0         0.35        2,371        1,070
Joppa..................................        2       16,258         0.51         4139  ...........            0         0.35        2,845        1,294
Joppa..................................        3       15,396         0.51         3947  ...........            0         0.35        2,694        1,253
Joppa..................................        4       13,402         0.52         3448  ...........            0         0.35        2,345        1,143
Joppa..................................        5       15,094         0.52         3932  ...........            0         0.35        2,641        1,291
Joppa..................................        6       16,063         0.52         4182  ...........            0         0.35        2,811        1,371
Meredosia..............................        1        1,134         5.02         2844  ...........            0            0  ...........        2,844
Meredosia..............................        2        1,337         5.02         3356  ...........            0            0  ...........        3,356
Meredosia..............................        3        1,069         5.04         2694  ...........            0            0  ...........        2,694
Meredosia..............................        4        1,406         5.00         3518  ...........            0            0  ...........        3,518

[[Page 21684]]

 
Meredosia..............................        5       10,810         2.34        12639  ...........            0            0  ...........       12,639
Newton.................................        1       40,631         0.45         9046  ...........            0         0.35        7,110        1,936
Newton.................................        2       38,533         0.46         8823  ...........            0         0.35        6,743        2,080
                                        ----------------------------------------------------------------------------------------------------------------
    Totals.............................  .......      309,646  ...........      170,108  ...........       74,348  ...........       50,275      119,833
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Table 1 shows SO2 emissions reductions of 74,348 tons in 
2017 if typical BACT limits were applied to BART subject sources in the 
Ameren MPS group. With the variance, Table 1 shows SO2 
emissions reductions of 119,833 tons in 2017. More reductions are 
required in 2017 under the variance than would be required by the 
application of typical BACT limits to BART subject sources. Even 
assuming that the 22,360 MMBtu generated at the Hudsonville and 
Meredosia units would be shifted to other units in the group, applying 
the 0.35 pound/MBtu group average results in an additional 3,913 tons 
of emissions under the variance in 2017, or a total of 54,188 tons of 
SO2. This would result in 2017 SO2 emissions 
reductions under the variance of 115,920 tons, which remains 41,572 
tons greater than emissions reductions under the application of BACT at 
BART subject sources. In addition, for the reasons set forth in EPA's 
approval of the Illinois regional haze sip (77 FR 39946) and summarized 
above, EPA continues to conclude that the significantly greater 
emission reductions required under the variance will yield greater 
progress toward visibility protection as compared to the benefits of a 
conservative estimate of BART. Therefore, EPA concludes that the 
revised limits under the variance continue to satisfy BART requirements 
for the Ameren MPS Group sources.
    In evaluating the approvability of the variance, EPA must also 
consider whether the SIP revision meets the requirements of section 
110(l) of the CAA, 42 U.S.C. 7410(l). To be approved, a SIP revision 
must not interfere with any applicable requirement concerning 
attainment, reasonable further progress, or any other applicable 
requirement of the CAA. Currently, the SIP establishes overall annual 
SO2 emissions rates for the Ameren MPS Group, beginning in 
2010. The SIP allows flexibility in achieving these overall emissions 
rates, not requiring reductions at any particular source. It should be 
noted that none of the Ameren MPS Group sources are located in a 
PM2.5 nonattainment area and the only source located in an 
SO2 nonattainment area is the E.D. Edwards facility in 
Peoria County. The variance adds specific conditions applicable to this 
facility, including the requirement that the E.D. Edwards, Joppa, and 
Newton Energy Centers continue to burn low sulfur coal through December 
31, 2019, and that E.D. Edwards permanently retire Unit 1 as soon as 
allowed by the Midcontinent Independent Transmission System Operator, 
Inc. The variance will not result in any increase in SO2 
emissions, but rather will result in fewer SO2 emissions 
over the 2013-2020 time period. In addition, the measures contained in 
the variance provide better visibility protection than the application 
of BART on BART-subject units. Therefore, the variance will not 
interfere with attainment, reasonable further progress, or any other 
applicable requirement of the CAA.

IV. What action is EPA taking?

    EPA is proposing to approve the IPH and Medina Valley variance, 
submitted by IEPA on September 3, 2014, as a revision to the Illinois 
Regional Haze SIP.

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, the EPA is proposing to incorporate by 
reference Illinois Pollution Control Board Order PCB 14-10, effective 
November, 21, 2013. The EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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

[[Page 21685]]

appropriate, disproportionate human health or environmental effects, 
using practicable and legally permissible methods, under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    This rule 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 as specified by Executive Order 13175 
(65 FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

    Dated: April 2, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-08896 Filed 4-17-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                             Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Proposed Rules                                            21681

                                                       (13) A list of key officials.                          (4) The terms and conditions of an                   OAR–2014–0705, by one of the
                                                       (g) What concurrence must the                        agreement and permit issued under this                 following methods:
                                                    Superintendent obtain? The                              section.                                                  1. www.regulations.gov: Follow the
                                                    superintendent must obtain the written                    (k) Have the information collection                  on-line instructions for submitting
                                                    concurrence of the Regional Director to                 requirements been approved? The Office                 comments.
                                                    any agreement before it can go into                     of Management and Budget has                              2. Email: aburano.douglas@epa.gov.
                                                    effect, and before any permit may be                    reviewed and approved the information                     3. Fax: (312) 408–2279.
                                                    issued.                                                 collection requirements in this section                   4. Mail: Doug Aburano, Chief,
                                                       (h) When will the Superintendent                     and assigned OMB Control No. 1024–                     Attainment Planning and Maintenance
                                                    close areas to gathering and removal?                   XXXX. We will use this information to                  Section, Air Programs Branch (AR–18J),
                                                    Notwithstanding the terms of any                        determine whether a traditional                        U.S. Environmental Protection Agency,
                                                    agreement executed under this section,                  association and purpose can be                         77 West Jackson Boulevard, Chicago,
                                                    the Superintendent may close park                       documented in order to authorize                       Illinois 60604.
                                                    areas, or portions thereof, to gathering                gathering. We may not conduct or                          5. Hand Delivery: Doug Aburano,
                                                    and removal for any of the following                    sponsor and you are not required to                    Chief, Attainment Planning and
                                                    reasons:                                                respond to, a collection of information                Maintenance Section, Air Programs
                                                       (i) Maintenance of public health and                 unless it displays a currently valid OMB               Branch (AR–18J), U.S. Environmental
                                                    safety;                                                 control number. You may send                           Protection Agency, 77 West Jackson
                                                       (ii) Protection of environmental or                  comments on any aspect of this                         Boulevard, Chicago, Illinois 60604.
                                                    scenic values;                                          information collection to the                          Such deliveries are only accepted
                                                       (iii) Protection of natural or cultural              Information Collection Clearance                       during the Regional Office normal hours
                                                    resources;                                              Officer, National Park Service, 1849 C                 of operation, and special arrangements
                                                       (iv) Aid to scientific research;                     Street NW., Washington, DC 20240.                      should be made for deliveries of boxed
                                                       (v) Implementation of management                     *     *     *    *     *                               information. The Regional Office official
                                                    responsibilities;                                         Dated: April 2, 2105.                                hours of business are Monday through
                                                       (vi) Equitable allocation and use of                 Michael Bean,                                          Friday, 8:30 a.m. to 4:30 p.m., excluding
                                                    facilities; or                                                                                                 Federal holidays.
                                                                                                            Principal Deputy Assistant Secretary for Fish
                                                       (vii) Avoidance of conflict among                    and Wildlife and Parks.                                   Instructions: Direct your comments to
                                                    visitor use activities.                                                                                        Docket ID No. EPA–R05–OAR–2014–
                                                                                                            [FR Doc. 2015–08852 Filed 4–17–15; 8:45 am]
                                                       (2) Closed areas may not be reopened                                                                        0705. EPA’s policy is that all comments
                                                                                                            BILLING CODE 4310–EJ–P
                                                    to traditional gathering and removal                                                                           received will be included in the public
                                                    until the reasons for the closure have                                                                         docket without change and may be
                                                    been resolved.                                                                                                 made available online at
                                                       (3) Except in emergency situations,                  ENVIRONMENTAL PROTECTION                               www.regulations.gov, including any
                                                    the Superintendent will provide public                  AGENCY                                                 personal information provided, unless
                                                    notice of any closure or reopening under                40 CFR Part 52                                         the comment includes information
                                                    this section in accordance with § 1.7 of                                                                       claimed to be Confidential Business
                                                    this chapter.                                           [EPA–R05–OAR–2014–0705; FRL–9926–27–                   Information (CBI) or other information
                                                       (i) When will the agreement and                      Region 5]                                              whose disclosure is restricted by statute.
                                                    permit be suspended or terminated?                                                                             Do not submit information that you
                                                                                                            Approval and Promulgation of Air
                                                       (1) Notwithstanding any remedy                                                                              consider to be CBI or otherwise
                                                                                                            Quality Implementation Plans; Illinois;
                                                    provisions of an agreement, violation of                                                                       protected through www.regulations.gov
                                                                                                            Illinois Power Holdings and
                                                    the terms or conditions of an agreement                                                                        or email. The www.regulations.gov Web
                                                                                                            AmerenEnergy Medina Valley Cogen
                                                    or permit issued under this section may                                                                        site is an ‘‘anonymous access’’ system,
                                                                                                            Variance
                                                    result in suspension or termination of                                                                         which means EPA will not know your
                                                    the agreement and permit, and loss of                   AGENCY:  Environmental Protection                      identity or contact information unless
                                                    authorization to gather and remove.                     Agency.                                                you provide it in the body of your
                                                       (2) A Superintendent may suspend an                  ACTION: Proposed rule.                                 comment. If you send an email
                                                    agreement and implementing permit if                                                                           comment directly to EPA without going
                                                    terms or conditions are violated or if                  SUMMARY:    The Environmental Protection               through www.regulations.gov your email
                                                    unanticipated or significant impacts                    Agency (EPA) is proposing to approve                   address will be automatically captured
                                                    occur. The Superintendent shall prepare                 into the Illinois Regional Haze State                  and included as part of the comment
                                                    a written determination justifying the                  Implementation Plan (SIP) a variance for               that is placed in the public docket and
                                                    action.                                                 the electrical generating units (EGUs)                 made available on the Internet. If you
                                                       (3) The Superintendent must have the                 included in the Ameren multi-pollutant                 submit an electronic comment, EPA
                                                    written concurrence of the Regional                     standard group (Ameren MPS Group).                     recommends that you include your
                                                    Director before terminating an                          The Ameren MPS Group consists of five                  name and other contact information in
                                                    agreement or implementing permit.                       facilities owned by Illinois Power                     the body of your comment and with any
                                                       (j) When is gathering prohibited?                    Holdings, LLC (IPH) and two facilities                 disk or CD–ROM you submit. If EPA
                                                    Gathering, possession, or removal from                  owned by AmerenEnergy Medina Valley                    cannot read your comment due to
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                                                    a park area of plants or plant parts                    Cogen, LLC (Medina Valley). The                        technical difficulties and cannot contact
                                                    (including for traditional purposes), is                Illinois Environmental Protection                      you for clarification, EPA may not be
                                                    prohibited except where specifically                    Agency (IEPA) submitted the variance to                able to consider your comment.
                                                    authorized by;                                          EPA for approval on September 3, 2014.                 Electronic files should avoid the use of
                                                       (1) Federal statutory law;                           DATES: Comments must be received on                    special characters, any form of
                                                       (2) Treaty rights;                                   or before May 20, 2015.                                encryption, and be free of any defects or
                                                       (3) Other regulations of this chapter;               ADDRESSES: Submit your comments,                       viruses. For additional instructions on
                                                    or                                                      identified by Docket ID No. EPA–R05–                   submitting comments, go to Section I of


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                                                    21682                    Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Proposed Rules

                                                    the SUPPLEMENTARY INFORMATION section                   your estimate in sufficient detail to                  emissions provides better visibility
                                                    of this document.                                       allow for it to be reproduced.                         protection.
                                                       Docket: All documents in the docket                     6. Provide specific examples to                        On June 24, 2011, Illinois submitted
                                                    are listed in the www.regulations.gov                   illustrate your concerns, and suggest                  a plan to address the requirements of
                                                    index. Although listed in the index,                    alternatives.                                          the Regional Haze Rule, as codified at
                                                    some information is not publicly                           7. Explain your views as clearly as                 40 CFR 51.308. EPA approved Illinois’
                                                    available, e.g., CBI or other information               possible, avoiding the use of profanity                regional haze SIP on July 6, 2012 (77 FR
                                                    whose disclosure is restricted by statute.              or personal threats.                                   39943). In its approval, EPA determined
                                                    Certain other material, such as                            8. Make sure to submit your                         that the emission reductions from
                                                    copyrighted material, will be publicly                  comments by the comment period                         sources included in the Illinois plan are
                                                    available only in hard copy. Publicly                   deadline identified.                                   significantly greater than even
                                                    available docket materials are available                                                                       conservative definitions of BART
                                                    either electronically in                                II. What is the background for this                    applied to BART subject units (77 FR
                                                    www.regulations.gov or in hard copy at                  action?                                                39945). EPA also addressed whether the
                                                    the Environmental Protection Agency,                       Regional haze is visibility impairment              Illinois plan, achieving greater emission
                                                    Region 5, Air and Radiation Division, 77                that is caused by the cumulative                       reductions overall than the application
                                                    West Jackson Boulevard, Chicago,                        emissions of fine particles (PM2.5) (e.g.,             of BART on BART-subject units, can
                                                    Illinois 60604. This facility is open from              sulfates, nitrates, organic carbon,                    also be expected to achieve greater
                                                    8:30 a.m. to 4:30 p.m., Monday through                  elemental carbon and dust) and its                     visibility protection than application of
                                                    Friday, excluding Federal holidays. We                  precursors (sulfur dioxide (SO2),                      BART on BART-subject units. Given
                                                    recommend that you telephone                            nitrogen oxides (NOX), and in some                     that, in general, the Illinois power
                                                    Kathleen D’Agostino, Environmental                      cases ammonia and volatile organic                     plants are substantial distances from
                                                    Engineer, at (312) 886–1767 before                      compounds) from numerous sources                       any Class I area, and given that the
                                                    visiting the Region 5 office.                           over a wide geographic area. Fine                      averaging in Illinois’ plan is only
                                                                                                            particulate precursors react in the                    authorized within the somewhat limited
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            atmosphere to form PM2.5. Aerosol PM2.5                region within which each utility’s
                                                    Kathleen D’Agostino, Environmental                                                                             plants are located, EPA determined that
                                                    Engineer, Attainment Planning and                       reduces the clarity and distance one can
                                                                                                            see by scattering and absorbing light.                 a reallocation of emission reductions
                                                    Maintenance Section, Air Programs                                                                              from one plant to another is unlikely to
                                                    Branch (AR–18J), Environmental                             The visibility protection program
                                                                                                                                                                   change the visibility impact of those
                                                    Protection Agency, Region 5, 77 West                    under sections 169A, 169B, and
                                                                                                                                                                   emission reductions significantly.
                                                    Jackson Boulevard, Chicago, Illinois                    110(a)(2)(J) of the CAA is designed to
                                                                                                                                                                   Consequently, EPA concluded that the
                                                    60604, (312) 886–1767,                                  protect visibility in national parks and
                                                                                                                                                                   significantly greater emission reductions
                                                    dagostino.kathleen@epa.gov.                             wilderness areas (Class I areas). On                   that Illinois required in its regional haze
                                                    SUPPLEMENTARY INFORMATION:                              December 2, 1980, EPA promulgated                      SIP will yield greater progress toward
                                                    Throughout this document whenever                       regulations, known as ‘‘reasonably                     visibility protection as compared to the
                                                    ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean             attributable visibility impairment                     benefits of a conservative estimate of
                                                    EPA. This supplementary information                     (RAVI), to address visibility impairment               BART.
                                                    section is arranged as follows:                         in Class I areas that is reasonably                       One of the rules approved in that
                                                                                                            attributable to a single source or small               action to meet BART requirements is 35
                                                    I. What should I consider as I prepare my               group of sources. On July 1, 1999, EPA
                                                         comments for EPA?                                                                                         Illinois Administrative Code (Ill. Adm.
                                                                                                            promulgated the Regional Haze Rule                     Code) rule 225.233 Multi-Pollutant
                                                    II. What is the background for this action?
                                                    III. What is EPA’s analysis of the variance for         which revised existing visibility                      Standard (MPS), specifically
                                                         IPH and Medina Valley?                             regulations to incorporate provisions                  subsections (a), (b), (e), and (g). Section
                                                    IV. What action is EPA taking?                          addressing regional haze impairment.                   225.233(e)(3)(C) contains the sulfur
                                                    V. Incorporation by Reference                           EPA’s Regional Haze Rule, as codified                  dioxide (SO2) emission standards
                                                    VI. Statutory and Executive Order Reviews               in Title 40 Code of Federal Regulations                applicable to the Ameren MPS Group.
                                                                                                            Part 51.308 (40 CFR 51.308), requires                  Section 225.233(e)(3)(C)(i) establishes
                                                    I. What should I consider as I prepare
                                                                                                            states to submit regional haze SIPs.                   an overall SO2 annual emission rate for
                                                    my comments for EPA?
                                                                                                            Among other things, the regional haze                  EGUs in the Ameren MPS group of 0.50
                                                      When submitting comments,                             SIPs must include provisions requiring                 pounds per million Btu (lb/mmBtu) for
                                                    remember to:                                            certain sources install and operate best               calendar years 2010 through 2013.
                                                      1. Identify the rulemaking by docket                  available retrofit technology (BART).                  Section 225.233(e)(3)(C)(ii) establishes
                                                    number and other identifying                               At 40 CFR 51.308(e)(2), the regional                an overall SO2 annual emission rate for
                                                    information (subject heading, Federal                   haze rule allows states to meet BART                   EGUs in the Ameren MPS group of 0.43
                                                    Register date and page number).                         requirements by mandating alternative                  lb/mmBtu for calendar year 2014.
                                                      2. Follow directions—EPA may ask                      measures in lieu of mandating source-                  Section 225.233(e)(3)(C)(iii) establishes
                                                    you to respond to specific questions or                 specific BART, so long as the alternative              an overall SO2 annual emission rate for
                                                    organize comments by referencing a                      measures provide better visibility                     EGUs in the Ameren MPS group of 0.25
                                                    Code of Federal Regulations (CFR) part                  protection. Given the regional nature of               lb/mmBtu for calendar years 2015 and
                                                    or section number.                                      visibility impairment, an alternative that             2016. Section 225.233(e)(3)(C)(iv)
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                                                      3. Explain why you agree or disagree;                 results in lower emissions of SO2 and                  establishes an overall SO2 annual
                                                    suggest alternatives and substitute                     NOX will generally provide better                      emission rate for EGUs in the Ameren
                                                    language for your requested changes.                    visibility protection. Thus, in the                    MPS group of 0.23 lb/mmBtu beginning
                                                      4. Describe any assumptions and                       absence of a difference in the spatial                 in calendar year 2017 and continuing
                                                    provide any technical information and/                  distribution of emissions, a modeling                  each calendar year thereafter.
                                                    or data that you used.                                  analysis is generally not necessary to be                 On November 21, 2013, the Illinois
                                                      5. If you estimate potential costs or                 able to conclude that an alternative                   Pollution Control Board (IPCB) granted
                                                    burdens, explain how you arrived at                     strategy with lower SO2 and NOX                        IPH and Medina Valley a variance from


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                                                                               Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Proposed Rules                                                                    21683

                                                    the applicable requirements of Section                       1. The IPH facilities in the Ameren MPS                           desulfurization project at the Newton Power
                                                    225.233(e)(3)(C)(iii) for a period                        group must comply with an overall SO2                                Station, with major equipment components
                                                    beginning January 1, 2015, through                        annual emission rate of 0.35 lb/million Btu                          in position by September 1, 2019, and
                                                                                                              from January 1, 2015, through December 31,                           requirements for IPH to file annual progress
                                                    December 31, 2019, and Section                            2019, and an overall SO2 annual emission
                                                    225.233(e)(3)(C)(iv) for a period                                                                                              reports with IEPA from 2013 through 2019.
                                                                                                              rate of 0.23 lb/mmBtu beginning on January
                                                    beginning January 1, 2017, through                        1, 2020.                                                               In evaluating the variance submitted
                                                    December 31, 2019, subject to certain                        2. Medina Valley must not operate the
                                                    conditions. IEPA submitted the variance                   EGUs at Meredosia and Hutsonville Power                              by Illinois, EPA assessed the effect the
                                                    as a revisions to the Illinois Regional                   stations until after December 31, 2020, except                       variance would have on the emissions
                                                    Haze SIP on September 3, 2014. The IPH                    that the FutureGen project at the Meredosia                          reductions expected under the MPS as
                                                    facilities included in the Ameren MPS                     Energy Center is exempt from this restriction.                       currently approved into the Regional
                                                                                                                 3. Through December 31, 2019, IPH must                            Haze SIP. Under the conditions of the
                                                    group and subject to the variance                         continue to burn low sulfur coal at the E.D.
                                                    include: Coffeen Energy Center                                                                                                 currently approved Regional Haze SIP,
                                                                                                              Edwards, Joppa, and Newton Energy Centers.
                                                    (Montgomery County), Duck Creek                                                                                                the Ameren MPS group would be
                                                                                                              The combined annual average stack SO2
                                                    Energy Center (Fulton County), E.D.                       emissions of these three stations must not                           expected to emit 335,774 tons of SO2 for
                                                    Edwards Energy Center (Peoria County),                    exceed 0.55 lb/mmBtu on a calendar year                              the 2013–2020 time period. Under the
                                                    Joppa Energy Center (Massac County),                      annual average basis.                                                variance, the Ameren MPS group is
                                                    and Newton Energy Center (Jasper                             4. Through December 31, 2019, IPH must                            limited to 327,996 tons of SO2 over that
                                                                                                              operate the existing Flue Gas Desulfurization                        same time period; 7,778 tons less than
                                                    County). The two Medina Valley                            systems at the Duck Creek and Coffeen
                                                    facilities included in the Ameren MPS                                                                                          would be expected under the current
                                                                                                              Energy Centers to achieve a combined SO2
                                                    group and subject to the variance are the                 removal rate of at least 98 percent on a
                                                                                                                                                                                   SIP.
                                                    Meredosia Energy Center (Morgan                           calendar year annual average basis.                                    In addition, EPA evaluated the
                                                    County) and the Hutsonville Energy                           5. IPH must permanently retire E.D.                               variance to ensure that the alternative
                                                    Center (Crawford County).                                 Edwards Unit 1 as soon as allowed by the                             measures contained in the variance
                                                                                                              Midcontinent Independent Transmission                                continue to provide better visibility
                                                    III. What is EPA’s analysis of the                        System Operator, Inc. (now called the
                                                    variance for IPH and Medina Valley?                       Midcontinent Independent System Operator).                           protection than the application of BART
                                                                                                                 6. From the time period beginning October                         on BART-subject units. Because the
                                                      As stated above, the IPCB granted IPH                   1, 2013, through December 31, 2020, IPH                              deadline for implementation of BART
                                                    and Medina Valley a variance from the                     must limit the MPS Group system-wide mass                            level controls in Illinois is 2017 (within
                                                    requirement of Section                                    emissions of SO2 to no more than 327,996                             5 years of approval of Illinois’ SIP), EPA
                                                                                                              tons.                                                                compared the 2017 emissions under the
                                                    225.233(e)(3)(C)(iii) to comply with an
                                                                                                                 7. For the time period beginning October
                                                    overall SO2 annual emission rate of 0.25                                                                                       variance to the application of typical
                                                                                                              1, 2013, through December 31, 2020, IPH
                                                    lb/mmBtu in 2015 and 2016 for the time                    must report annually to IEPA the combined                            Best Available Control Technology
                                                    period from January 1, 2015, through                      tons of mass SO2 emissions and the overall                           (BACT) control levels to the BART
                                                    December 31, 2019, and from the                           SO2 annual emissions rate from its five                              subject units in the Ameren MPS group.
                                                    requirement of Section                                    Ameren MPS group facilities. The report                              BACT limits are imposed on new units
                                                    225.233(e)(3)(C)(iv) to comply with an                    must show the mass SO2 emissions for each                            or units undergoing major
                                                    overall SO2 annual emission rate of 0.23                  time period (October 1, 2013 through                                 modifications. Therefore, BART limits,
                                                                                                              December 31, 2013, and each year thereafter)
                                                    lb/mmBtu for the time period from                                                                                              which by definition apply to relatively
                                                                                                              along with a running total of the remaining
                                                    January 1, 2017 through December 31,                      emissions available under the system-wide                            old existing units, are unlikely to be
                                                    2019. This variance was granted subject                   mass SO2 emissions limit.                                            lower than the limits that would apply
                                                    to numerous conditions including, but                        8. The variance also includes a condition                         to a new unit and would in many cases
                                                    not limited to, the following:                            with a schedule for completing the flue gas                          be significantly higher.

                                                        TABLE 1—COMPARISON OF EMISSIONS REDUCTIONS AT AMEREN MPS GROUP UNITS UNDER THE VARIANCE VERSUS
                                                                  EMISSIONS REDUCTIONS FROM APPLICATION OF BACT LIMITS TO BART SUBJECT UNITS
                                                                                                                    Base year                            BACT                                          Variance
                                                                                                                                                     (0.06#/MMBtu)                                      (2017)
                                                          Facility           Unit       MMMBtu                             Emissions
                                                                                                           #/MMBtu                           Emissions              Reduction                          Emissions             Reduction
                                                                                                                            (tons)                                                        #/MMBtu
                                                                                                                                              (tons)                 (tons)                             (tons)                (tons)

                                                    Cofeen ..............           1         18,570                1.54         14,332                   557               13,775             0.35              3,250           11,082
                                                    Cofeen ..............           2         37,545                1.49         27999                 1,126                26,873             0.35              6,570           21,429
                                                    Duck Creek ......               1         22,635                0.97         11026                    679               10,347             0.35              3,961            7,065
                                                    E D Edwards ....                1          6,417                3.55         11399      ....................   ....................        0.35              1,123           10,276
                                                    E D Edwards ....                2         17,222                1.70         14666                    517               14,149             0.35              3,014           11,652
                                                    E D Edwards ....                3         15,972                1.21           9683                   479                 9,204            0.35              2,795            6,888
                                                    Hutsonville ........            5          3,161                4.53          7163      ....................                     0            0   ....................        7,163
                                                    Hutsonville ........            6          3,443                4.53          7791      ....................                     0            0   ....................        7,791
                                                    Joppa ...............           1         13,548                0.51          3441      ....................                     0         0.35              2,371            1,070
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                                                    Joppa ...............           2         16,258                0.51          4139      ....................                     0         0.35              2,845            1,294
                                                    Joppa ...............           3         15,396                0.51          3947      ....................                     0         0.35              2,694            1,253
                                                    Joppa ...............           4         13,402                0.52          3448      ....................                     0         0.35              2,345            1,143
                                                    Joppa ...............           5         15,094                0.52          3932      ....................                     0         0.35              2,641            1,291
                                                    Joppa ...............           6         16,063                0.52          4182      ....................                     0         0.35              2,811            1,371
                                                    Meredosia ........              1          1,134                5.02          2844      ....................                     0            0   ....................        2,844
                                                    Meredosia ........              2          1,337                5.02          3356      ....................                     0            0   ....................        3,356
                                                    Meredosia ........              3          1,069                5.04          2694      ....................                     0            0   ....................        2,694
                                                    Meredosia ........              4          1,406                5.00          3518      ....................                     0            0   ....................        3,518



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                                                    21684                       Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Proposed Rules

                                                        TABLE 1—COMPARISON OF EMISSIONS REDUCTIONS AT AMEREN MPS GROUP UNITS UNDER THE VARIANCE VERSUS
                                                              EMISSIONS REDUCTIONS FROM APPLICATION OF BACT LIMITS TO BART SUBJECT UNITS—Continued
                                                                                                                     Base year                              BACT                                              Variance
                                                                                                                                                        (0.06#/MMBtu)                                          (2017)
                                                         Facility            Unit         MMMBtu                               Emissions
                                                                                                          #/MMBtu                               Emissions             Reduction                               Emissions             Reduction
                                                                                                                                (tons)                                                  #/MMBtu
                                                                                                                                                 (tons)                (tons)                                  (tons)                (tons)

                                                    Meredosia ........               5       10,810                 2.34            12639      ....................               0                   0      ....................       12,639
                                                    Newton .............             1       40,631                 0.45             9046      ....................               0                0.35                 7,110            1,936
                                                    Newton .............             2       38,533                 0.46             8823      ....................               0                0.35                 6,743            2,080

                                                         Totals ........   ............    309,646      ....................       170,108     ....................       74,348      ....................            50,275          119,833



                                                       Table 1 shows SO2 emissions                              that none of the Ameren MPS Group                             VI. Statutory and Executive Order
                                                    reductions of 74,348 tons in 2017 if                        sources are located in a PM2.5                                Reviews
                                                    typical BACT limits were applied to                         nonattainment area and the only source                           Under the CAA, the Administrator is
                                                    BART subject sources in the Ameren                          located in an SO2 nonattainment area is                       required to approve a SIP submission
                                                    MPS group. With the variance, Table 1                       the E.D. Edwards facility in Peoria                           that complies with the provisions of the
                                                    shows SO2 emissions reductions of                           County. The variance adds specific                            CAA and applicable Federal regulations.
                                                    119,833 tons in 2017. More reductions                       conditions applicable to this facility,                       42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                    are required in 2017 under the variance                     including the requirement that the E.D.                       Thus, in reviewing SIP submissions,
                                                    than would be required by the                               Edwards, Joppa, and Newton Energy                             EPA’s role is to approve state choices,
                                                    application of typical BACT limits to                       Centers continue to burn low sulfur coal                      provided that they meet the criteria of
                                                    BART subject sources. Even assuming                         through December 31, 2019, and that                           the CAA. Accordingly, this action
                                                    that the 22,360 MMBtu generated at the                      E.D. Edwards permanently retire Unit 1                        merely approves state law as meeting
                                                    Hudsonville and Meredosia units would                                                                                     Federal requirements and does not
                                                                                                                as soon as allowed by the Midcontinent
                                                    be shifted to other units in the group,                                                                                   impose additional requirements beyond
                                                                                                                Independent Transmission System
                                                    applying the 0.35 pound/MBtu group                                                                                        those imposed by state law. For that
                                                                                                                Operator, Inc. The variance will not
                                                    average results in an additional 3,913                                                                                    reason, this action:
                                                                                                                result in any increase in SO2 emissions,
                                                    tons of emissions under the variance in                                                                                      • Is not a ‘‘significant regulatory
                                                    2017, or a total of 54,188 tons of SO2.                     but rather will result in fewer SO2
                                                                                                                                                                              action’’ subject to review by the Office
                                                    This would result in 2017 SO2                               emissions over the 2013–2020 time                             of Management and Budget under
                                                    emissions reductions under the variance                     period. In addition, the measures                             Executive Order 12866 (58 FR 51735,
                                                    of 115,920 tons, which remains 41,572                       contained in the variance provide better                      October 4, 1993);
                                                    tons greater than emissions reductions                      visibility protection than the application                       • Does not impose an information
                                                    under the application of BACT at BART                       of BART on BART-subject units.                                collection burden under the provisions
                                                    subject sources. In addition, for the                       Therefore, the variance will not interfere                    of the Paperwork Reduction Act (44
                                                    reasons set forth in EPA’s approval of                      with attainment, reasonable further                           U.S.C. 3501 et seq.);
                                                    the Illinois regional haze sip (77 FR                       progress, or any other applicable                                • Is certified as not having a
                                                    39946) and summarized above, EPA                            requirement of the CAA.                                       significant economic impact on a
                                                    continues to conclude that the                                                                                            substantial number of small entities
                                                    significantly greater emission reductions                   IV. What action is EPA taking?                                under the Regulatory Flexibility Act (5
                                                    required under the variance will yield                                                                                    U.S.C. 601 et seq.);
                                                                                                                  EPA is proposing to approve the IPH                            • Does not contain any unfunded
                                                    greater progress toward visibility                          and Medina Valley variance, submitted
                                                    protection as compared to the benefits                                                                                    mandate or significantly or uniquely
                                                                                                                by IEPA on September 3, 2014, as a                            affect small governments, as described
                                                    of a conservative estimate of BART.                         revision to the Illinois Regional Haze
                                                    Therefore, EPA concludes that the                                                                                         in the Unfunded Mandates Reform Act
                                                                                                                SIP.                                                          of 1995 (Pub. L. 104–4);
                                                    revised limits under the variance
                                                    continue to satisfy BART requirements                       V. Incorporation by Reference                                    • Does not have Federalism
                                                    for the Ameren MPS Group sources.                                                                                         implications as specified in Executive
                                                                                                                   In this rule, EPA is proposing to                          Order 13132 (64 FR 43255, August 10,
                                                       In evaluating the approvability of the                                                                                 1999);
                                                                                                                include in a final EPA rule regulatory
                                                    variance, EPA must also consider                                                                                             • Is not an economically significant
                                                                                                                text that includes incorporation by
                                                    whether the SIP revision meets the                                                                                        regulatory action based on health or
                                                                                                                reference. In accordance with
                                                    requirements of section 110(l) of the                                                                                     safety risks subject to Executive Order
                                                    CAA, 42 U.S.C. 7410(l). To be approved,                     requirements of 1 CFR 51.5, the EPA is
                                                                                                                proposing to incorporate by reference                         13045 (62 FR 19885, April 23, 1997);
                                                    a SIP revision must not interfere with                                                                                       • Is not a significant regulatory action
                                                    any applicable requirement concerning                       Illinois Pollution Control Board Order
                                                                                                                                                                              subject to Executive Order 13211 (66 FR
                                                    attainment, reasonable further progress,                    PCB 14–10, effective November, 21,
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                                                                                                                                                                              28355, May 22, 2001);
                                                    or any other applicable requirement of                      2013. The EPA has made, and will                                 • Is not subject to requirements of
                                                    the CAA. Currently, the SIP establishes                     continue to make, these documents                             Section 12(d) of the National
                                                    overall annual SO2 emissions rates for                      generally available electronically                            Technology Transfer and Advancement
                                                    the Ameren MPS Group, beginning in                          through www.regulations.gov and/or in                         Act of 1995 (15 U.S.C. 272 note) because
                                                    2010. The SIP allows flexibility in                         hard copy at the appropriate EPA office                       application of those requirements would
                                                    achieving these overall emissions rates,                    (see the ADDRESSES section of this                            be inconsistent with the CAA; and
                                                    not requiring reductions at any                             preamble for more information).                                  • Does not provide EPA with the
                                                    particular source. It should be noted                                                                                     discretionary authority to address, as


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                                                                             Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Proposed Rules                                               21685

                                                    appropriate, disproportionate human                        1. www.regulations.gov: Follow the                     Docket: All documents in the docket
                                                    health or environmental effects, using                  on-line instructions for submitting                    are listed in the www.regulations.gov
                                                    practicable and legally permissible                     comments.                                              index. Although listed in the index,
                                                    methods, under Executive Order 12898                       2. Email: aburano.douglas@epa.gov.                  some information is not publicly
                                                    (59 FR 7629, February 16, 1994).                           3. Fax: (312) 408–2279.                             available, e.g., CBI or other information
                                                      This rule is not approved to apply on                    4. Mail: Douglas Aburano, Chief,                    whose disclosure is restricted by statute.
                                                    any Indian reservation land or in any                   Attainment Planning and Maintenance                    Certain other material, such as
                                                    other area where EPA or an Indian tribe                 Section, Air Programs Branch (AR–18J),                 copyrighted material, will be publicly
                                                    has demonstrated that a tribe has                       U.S. Environmental Protection Agency,                  available only in hard copy. Publicly
                                                    jurisdiction. In those areas of Indian                  77 West Jackson Boulevard, Chicago,                    available docket materials are available
                                                    country, the rule does not have tribal                  Illinois 60604.                                        either electronically in
                                                    implications as specified by Executive                     5. Hand Delivery: Douglas Aburano,                  www.regulations.gov or in hard copy at
                                                    Order 13175 (65 FR 67249, November 9,                   Chief, Attainment Planning and                         the Environmental Protection Agency,
                                                    2000), nor will it impose substantial                   Maintenance Section, Air Programs                      Region 5, Air and Radiation Division, 77
                                                    direct costs on tribal governments or                   Branch (AR–18J), U.S. Environmental                    West Jackson Boulevard, Chicago,
                                                    preempt tribal law.                                     Protection Agency, 77 West Jackson                     Illinois 60604. This facility is open from
                                                    List of Subjects in 40 CFR Part 52                      Boulevard, Chicago, Illinois 60604.                    8:30 a.m. to 4:30 p.m., Monday through
                                                                                                            Such deliveries are only accepted                      Friday, excluding Federal holidays. We
                                                      Environmental protection, Air                                                                                recommend that you telephone Eric
                                                    pollution control, Incorporation by                     during the Regional Office normal hours
                                                                                                            of operation, and special arrangements                 Svingen, Environmental Engineer, at
                                                    reference, Intergovernmental relations,                                                                        (312) 353–4489 before visiting the
                                                    Particulate matter, Reporting and                       should be made for deliveries of boxed
                                                                                                            information. The Regional Office official              Region 5 office.
                                                    recordkeeping requirements, Sulfur
                                                                                                            hours of business are Monday through                   FOR FURTHER INFORMATION CONTACT: Eric
                                                    oxides.
                                                                                                            Friday, 8:30 a.m. to 4:30 p.m., excluding              Svingen, Environmental Engineer,
                                                      Dated: April 2, 2015.                                 Federal holidays.                                      Attainment Planning and Maintenance
                                                    Susan Hedman,                                              Instructions: Direct your comments to               Section, Air Programs Branch (AR–18J),
                                                    Regional Administrator, Region 5.                       Docket ID No. EPA–R05–OAR–2014–                        Environmental Protection Agency,
                                                    [FR Doc. 2015–08896 Filed 4–17–15; 8:45 am]             0704. EPA’s policy is that all comments                Region 5, 77 West Jackson Boulevard,
                                                    BILLING CODE 6560–50–P                                  received will be included in the public                Chicago, Illinois 60604, (312) 353–4489,
                                                                                                            docket without change and may be                       svingen.eric@epa.gov.
                                                                                                            made available online at                               SUPPLEMENTARY INFORMATION:
                                                    ENVIRONMENTAL PROTECTION                                www.regulations.gov, including any                     Throughout this document whenever
                                                    AGENCY                                                  personal information provided, unless                  ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                            the comment includes information                       EPA. This supplementary information
                                                    40 CFR Part 52
                                                                                                            claimed to be Confidential Business                    section is arranged as follows:
                                                    [EPA–R05–OAR–2014–0704; FRL–9926–33–                    Information (CBI) or other information                 I. What should I consider as I prepare my
                                                    Region 5]                                               whose disclosure is restricted by statute.                  comments for EPA?
                                                                                                            Do not submit information that you                     II. What is the background of these SIP
                                                    Approval and Promulgation of Air                        consider to be CBI or otherwise                             submissions?
                                                    Quality Implementation Plans;                           protected through www.regulations.gov                  III. What guidance is EPA using to evaluate
                                                    Wisconsin; Infrastructure SIP                           or email. The www.regulations.gov Web                       these SIP submissions?
                                                    Requirements for the 2008 Ozone, 2010                   site is an ‘‘anonymous access’’ system,                IV. What is the result of EPA’s review of
                                                    NO2, and 2010 SO2 NAAQS                                 which means EPA will not know your                          these SIP submissions?
                                                                                                                                                                   V. What action is EPA taking?
                                                    AGENCY:  Environmental Protection                       identity or contact information unless
                                                                                                                                                                   VI. Statutory and Executive Order Reviews
                                                    Agency.                                                 you provide it in the body of your
                                                    ACTION: Proposed rule.                                  comment. If you send an email                          I. What should I consider as I prepare
                                                                                                            comment directly to EPA without going                  my comments for EPA?
                                                    SUMMARY:   The Environmental Protection                 through www.regulations.gov your email                    When submitting comments,
                                                    Agency (EPA) is proposing to approve                    address will be automatically captured                 remember to:
                                                    some elements of state implementation                   and included as part of the comment                       1. Identify the rulemaking by docket
                                                    plan (SIP) submissions from Wisconsin                   that is placed in the public docket and                number and other identifying
                                                    regarding the infrastructure                            made available on the Internet. If you                 information (subject heading, Federal
                                                    requirements of section 110 of the Clean                submit an electronic comment, EPA                      Register date and page number).
                                                    Air Act (CAA) for the 2008 ozone, 2010                  recommends that you include your                          2. Follow directions—EPA may ask
                                                    nitrogen dioxide (NO2), and 2010 sulfur                 name and other contact information in                  you to respond to specific questions or
                                                    dioxide (SO2) National Ambient Air                      the body of your comment and with any                  organize comments by referencing a
                                                    Quality Standards (NAAQS). The                          disk or CD–ROM you submit. If EPA                      Code of Federal Regulations (CFR) part
                                                    infrastructure requirements are designed                cannot read your comment due to                        or section number.
                                                    to ensure that the structural components                technical difficulties and cannot contact                 3. Explain why you agree or disagree;
                                                    of each state’s air quality management                  you for clarification, EPA may not be
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                                                                                                                                   suggest alternatives and substitute
                                                    program are adequate to meet the state’s                able to consider your comment.                         language for your requested changes.
                                                    responsibilities under the CAA.                         Electronic files should avoid the use of                  4. Describe any assumptions and
                                                    DATES: Comments must be received on                     special characters, any form of                        provide any technical information and/
                                                    or before May 20, 2015.                                 encryption, and be free of any defects or              or data that you used.
                                                    ADDRESSES: Submit your comments,                        viruses. For additional instructions on                   5. If you estimate potential costs or
                                                    identified by Docket ID No. EPA–R05–                    submitting comments, go to Section I of                burdens, explain how you arrived at
                                                    OAR–2014–0704, by one of the                            the SUPPLEMENTARY INFORMATION section                  your estimate in sufficient detail to
                                                    following methods:                                      of this document.                                      allow for it to be reproduced.


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Document Created: 2018-02-21 10:12:37
Document Modified: 2018-02-21 10:12:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before May 20, 2015.
ContactKathleen D'Agostino, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, [email protected]
FR Citation80 FR 21681 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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