80_FR_42864 80 FR 42726 - Approval and Promulgation of Air Quality Implementation Plans; Illinois; Midwest Generation Variances

80 FR 42726 - Approval and Promulgation of Air Quality Implementation Plans; Illinois; Midwest Generation Variances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 138 (July 20, 2015)

Page Range42726-42727
FR Document2015-17662

The Environmental Protection Agency (EPA) is approving into the Illinois regional haze State Implementation Plan (SIP) variances affecting the following Midwest Generation, LLC facilities: Crawford Generating Station (Cook County), Joliet Generating Station (Will County), Powerton Generating Station (Tazewell County), Waukegan Generating Station (Lake County), and Will County Generating Station (Will County). The Illinois Environmental Protection Agency (IEPA) submitted these variances to EPA for approval on May 16, 2013, and August 18, 2014.

Federal Register, Volume 80 Issue 138 (Monday, July 20, 2015)
[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Rules and Regulations]
[Pages 42726-42727]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17662]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2013-0436; EPA-R05-OAR-2014-0663; FRL-9929-71-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Midwest Generation Variances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving into 
the Illinois regional haze State Implementation Plan (SIP) variances 
affecting the following Midwest Generation, LLC facilities: Crawford 
Generating Station (Cook County), Joliet Generating Station (Will 
County), Powerton Generating Station (Tazewell County), Waukegan 
Generating Station (Lake County), and Will County Generating Station 
(Will County). The Illinois Environmental Protection Agency (IEPA) 
submitted these variances to EPA for approval on May 16, 2013, and 
August 18, 2014.

DATES: This final rule is effective on August 19, 2015.

ADDRESSES: EPA has established dockets for this action under Docket ID 
Nos. EPA-R05-OAR-2013-0436 and EPA-R05-OAR-2014-0663. All documents in 
the docket are listed on the www.regulations.gov Web site. Although 
listed in the index, some information is not publicly available, i.e., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
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 is the background for this action?
II. What action is EPA taking?
III. Incorporation by reference
IV. Statutory and Executive Order Reviews.

I. What is the background for this action?

    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). 
Among the rules approved in this action to meet the best available 
retrofit technology (BART) requirements of the Regional Haze Rule are 
Illinois Administrative Code rules: 35 Ill. Adm. Code 225.292: 
``Applicability of the Combined Pollutant Standard;'' 35 Ill. Adm. Code 
225.295 ``Combined Pollutant Standard: Emissions Standards for 
NOX and SO2;'' 35 Ill. Adm. Code 225.296 
``Combined Pollutant Standard: Control Technology Requirements for 
NOX, SO2, and PM Emissions'' (except for 
paragraph 225.296(d)); and 35 Ill. Adm. Code 225 Appendix A, which 
identifies the Midwest Generation Electric Generating Units (EGUs) 
specified for purposes of the combined pollutant standard (CPS).
    The Illinois Pollution Control Board (IPCB) granted Midwest 
Generation variances to Section 225.296(a)(1) and 225.296(c)(1) on 
August 23, 2012, and to Section 225.295(b) and Section 225.296(a)(2) on 
April 4, 2013. IEPA submitted these variances as revisions to the 
Illinois regional haze SIP on May 16, 2013, and August 18, 2014. EPA 
proposed to approve these variances on April 23, 2015 (80 FR 22662). 
EPA received no comments on the proposed action.

II. What action is EPA taking?

    EPA is finalizing approval of the Midwest Generation variances 
submitted by IEPA on May 16, 2013, and August 18, 2014, as revisions to 
the Illinois regional haze SIP.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Illinois 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. EPA has made, and will continue to make, these

[[Page 42727]]

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).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to 
approve a SIP submission that complies with the provisions of the CAA 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely approves state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 18, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: June 19, 2015.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. Section 52.720 is amended by adding paragraph (c)(205) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (205) On May 16, 2013, and August 18, 2014, Illinois submitted 
variances to its regional haze state implementation plan affecting the 
following Midwest Generation, LLC facilities: Crawford Generating 
Station (Cook County), Joliet Generating Station (Will County), 
Powerton Generating Station (Tazewell County), Waukegan Generating 
Station (Lake County), and Will County Generating Station (Will 
County).
    (i) Incorporation by Reference. (A) Illinois Pollution Control 
Board Order PCB 12-121, adopted on August 23, 2012; Certificate of 
Acceptance, dated August 24, 2012, filed with the Illinois Pollution 
Control Board Clerk's Office August 27, 2012.
    (B) Illinois Pollution Control Board Order PCB 13-24, adopted on 
April 4, 2013; Certificate of Acceptance, dated May 16, 2013, filed 
with the Illinois Pollution Control Board Clerk's Office May 17, 2013.

[FR Doc. 2015-17662 Filed 7-17-15; 8:45 am]
BILLING CODE 6560-50-P



                                                42726               Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations

                                                  Agreement with Royal Mail Group, Ltd.                  ENVIRONMENTAL PROTECTION                              60604, (312) 886–1767,
                                                  Priority Mail International Regional Rate              AGENCY                                                dagostino.kathleen@epa.gov.
                                                    Boxes Contract 1                                                                                           SUPPLEMENTARY INFORMATION:
                                                  Inbound International*                                 40 CFR Part 52                                        Throughout this document whenever
                                                  International Business Reply Service                                                                         ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                         [EPA–R05–OAR–2013–0436; EPA–R05–
                                                    (IBRS) Competitive Contracts                                                                               EPA. This supplementary information
                                                                                                         OAR–2014–0663; FRL–9929–71–Region 5]
                                                  International Business Reply Service                                                                         section is arranged as follows:
                                                    Competitive Contract 1                               Approval and Promulgation of Air
                                                  International Business Reply Service                                                                         I. What is the background for this action?
                                                                                                         Quality Implementation Plans; Illinois;               II. What action is EPA taking?
                                                    Competitive Contract 3                               Midwest Generation Variances                          III. Incorporation by reference
                                                  Inbound Direct Entry Contracts with                                                                          IV. Statutory and Executive Order Reviews.
                                                    Customers                                            AGENCY:  Environmental Protection
                                                  Inbound Direct Entry Contracts with                    Agency (EPA).                                         I. What is the background for this
                                                    Foreign Postal Administrations                       ACTION: Final rule.
                                                                                                                                                               action?
                                                  Inbound Direct Entry Contracts with                                                                             On June 24, 2011, Illinois submitted
                                                    Foreign Postal Administrations                       SUMMARY:    The Environmental Protection              a plan to address the requirements of
                                                  Inbound Direct Entry Contracts with                    Agency (EPA) is approving into the                    the Regional Haze Rule, as codified at
                                                    Foreign Postal Administrations 1                     Illinois regional haze State                          40 CFR 51.308. EPA approved Illinois’
                                                  Inbound EMS                                            Implementation Plan (SIP) variances                   regional haze SIP on July 6, 2012 (77 FR
                                                  Inbound EMS 2                                          affecting the following Midwest                       39943). Among the rules approved in
                                                  Inbound Air Parcel Post (at non-UPU rates)             Generation, LLC facilities: Crawford                  this action to meet the best available
                                                  Royal Mail Group Inbound Air Parcel Post               Generating Station (Cook County), Joliet              retrofit technology (BART) requirements
                                                    Agreement                                            Generating Station (Will County),                     of the Regional Haze Rule are Illinois
                                                  Inbound Competitive Multi-Service                      Powerton Generating Station (Tazewell                 Administrative Code rules: 35 Ill. Adm.
                                                    Agreements with Foreign Postal                       County), Waukegan Generating Station                  Code 225.292: ‘‘Applicability of the
                                                    Operators 1                                          (Lake County), and Will County                        Combined Pollutant Standard;’’ 35 Ill.
                                                Special Services *                                       Generating Station (Will County). The                 Adm. Code 225.295 ‘‘Combined
                                                  Address Enhancement Services                           Illinois Environmental Protection                     Pollutant Standard: Emissions
                                                  Greeting Cards, Gift Cards, and Stationery             Agency (IEPA) submitted these                         Standards for NOX and SO2;’’ 35 Ill.
                                                  International Ancillary Services                       variances to EPA for approval on May                  Adm. Code 225.296 ‘‘Combined
                                                  International Money Transfer Service—                  16, 2013, and August 18, 2014.                        Pollutant Standard: Control Technology
                                                    Outbound                                                                                                   Requirements for NOX, SO2, and PM
                                                                                                         DATES: This final rule is effective on
                                                  International Money Transfer Service—
                                                                                                         August 19, 2015.                                      Emissions’’ (except for paragraph
                                                    Inbound
                                                                                                         ADDRESSES: EPA has established dockets                225.296(d)); and 35 Ill. Adm. Code 225
                                                  Premium Forwarding Service
                                                                                                         for this action under Docket ID Nos.                  Appendix A, which identifies the
                                                  Shipping and Mailing Supplies
                                                                                                         EPA–R05–OAR–2013–0436 and EPA–                        Midwest Generation Electric Generating
                                                  Post Office Box Service
                                                                                                         R05–OAR–2014–0663. All documents in                   Units (EGUs) specified for purposes of
                                                  Competitive Ancillary Services
                                                                                                         the docket are listed on the                          the combined pollutant standard (CPS).
                                                Nonpostal Services *
                                                                                                         www.regulations.gov Web site. Although                   The Illinois Pollution Control Board
                                                  Advertising
                                                                                                         listed in the index, some information is              (IPCB) granted Midwest Generation
                                                  Licensing of Intellectual Property other
                                                                                                         not publicly available, i.e., Confidential            variances to Section 225.296(a)(1) and
                                                    than Officially Licensed Retail Products
                                                                                                         Business Information (CBI) or other                   225.296(c)(1) on August 23, 2012, and to
                                                    (OLRP)
                                                  Mail Service Promotion                                 information whose disclosure is                       Section 225.295(b) and Section
                                                  Officially Licensed Retail Products (OLRP)             restricted by statute. Certain other                  225.296(a)(2) on April 4, 2013. IEPA
                                                  Passport Photo Service                                 material, such as copyrighted material,               submitted these variances as revisions
                                                  Photocopying Service                                   is not placed on the Internet and will be             to the Illinois regional haze SIP on May
                                                  Rental, Leasing, Licensing or other Non-               publicly available only in hard copy                  16, 2013, and August 18, 2014. EPA
                                                    Sale Disposition of Tangible Property                form. Publicly available docket                       proposed to approve these variances on
                                                  Training Facilities and Related Services               materials are available either                        April 23, 2015 (80 FR 22662). EPA
                                                  USPS Electronic Postmark (EPM) Program                 electronically through                                received no comments on the proposed
                                                Market Tests *                                           www.regulations.gov or in hard copy at                action.
                                                  Metro Post                                             the Environmental Protection Agency,                  II. What action is EPA taking?
                                                  International Merchandise Return Service               Region 5, Air and Radiation Division, 77
                                                    (IMRS)—Non-Published Rates
                                                                                                                                                                  EPA is finalizing approval of the
                                                                                                         West Jackson Boulevard, Chicago,                      Midwest Generation variances
                                                  Customized Delivery                                    Illinois 60604. This facility is open from            submitted by IEPA on May 16, 2013,
                                                Ruth Ann Abrams,                                         8:30 a.m. to 4:30 p.m., Monday through                and August 18, 2014, as revisions to the
                                                                                                         Friday, excluding Federal holidays. We                Illinois regional haze SIP.
                                                Acting Secretary.
                                                                                                         recommend that you telephone
                                                [FR Doc. 2015–17685 Filed 7–17–15; 8:45 am]              Kathleen D’Agostino, Environmental                    III. Incorporation by Reference
                                                BILLING CODE 7710–FW–P                                   Engineer, at (312) 886–1767 before                       In this rule, EPA is finalizing
                                                                                                         visiting the Region 5 office.                         regulatory text that includes
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                                                                                                         FOR FURTHER INFORMATION CONTACT:                      incorporation by reference. In
                                                                                                         Kathleen D’Agostino, Environmental                    accordance with requirements of 1 CFR
                                                                                                         Engineer, Attainment Planning and                     51.5, EPA is finalizing the incorporation
                                                                                                         Maintenance Section, Air Programs                     by reference of the Illinois Regulations
                                                                                                         Branch (AR–18J), Environmental                        described in the amendments to 40 CFR
                                                                                                         Protection Agency, Region 5, 77 West                  part 52 set forth below. EPA has made,
                                                                                                         Jackson Boulevard, Chicago, Illinois                  and will continue to make, these


                                           VerDate Sep<11>2014   16:02 Jul 17, 2015   Jkt 235001   PO 00000   Frm 00020   Fmt 4700   Sfmt 4700   E:\FR\FM\20JYR1.SGM   20JYR1


                                                                    Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations                                                 42727

                                                documents generally available                            or in any other area where EPA or an                   § 52.720    Identification of plan.
                                                electronically through                                   Indian tribe has demonstrated that a                   *       *    *     *     *
                                                www.regulations.gov and/or in hard                       tribe has jurisdiction. In those areas of                 (c) * * *
                                                copy at the appropriate EPA office (see                  Indian country, the rule does not have                    (205) On May 16, 2013, and August
                                                the ADDRESSES section of this preamble                   tribal implications and will not impose                18, 2014, Illinois submitted variances to
                                                for more information).                                   substantial direct costs on tribal                     its regional haze state implementation
                                                                                                         governments or preempt tribal law as                   plan affecting the following Midwest
                                                IV. Statutory and Executive Order                        specified by Executive Order 13175 (65                 Generation, LLC facilities: Crawford
                                                Reviews                                                  FR 67249, November 9, 2000).                           Generating Station (Cook County), Joliet
                                                   Under the Clean Air Act (CAA), the                       The Congressional Review Act, 5                     Generating Station (Will County),
                                                Administrator is required to approve a                   U.S.C. 801 et seq., as added by the Small              Powerton Generating Station (Tazewell
                                                SIP submission that complies with the                    Business Regulatory Enforcement                        County), Waukegan Generating Station
                                                provisions of the CAA and applicable                     Fairness Act of 1996, generally provides               (Lake County), and Will County
                                                Federal regulations. 42 U.S.C. 7410(k);                  that before a rule may take effect, the                Generating Station (Will County).
                                                40 CFR 52.02(a). Thus, in reviewing SIP                  agency promulgating the rule must                         (i) Incorporation by Reference. (A)
                                                submissions, EPA’s role is to approve                    submit a rule report, which includes a                 Illinois Pollution Control Board Order
                                                state choices, provided that they meet                   copy of the rule, to each House of the                 PCB 12–121, adopted on August 23,
                                                the criteria of the CAA. Accordingly,                    Congress and to the Comptroller General                2012; Certificate of Acceptance, dated
                                                this action merely approves state law as                 of the United States. EPA will submit a                August 24, 2012, filed with the Illinois
                                                meeting Federal requirements and does                    report containing this action and other                Pollution Control Board Clerk’s Office
                                                not impose additional requirements                       required information to the U.S. Senate,               August 27, 2012.
                                                beyond those imposed by state law. For                   the U.S. House of Representatives, and                    (B) Illinois Pollution Control Board
                                                that reason, this action:                                the Comptroller General of the United                  Order PCB 13–24, adopted on April 4,
                                                   • Is not a ‘‘significant regulatory                   States prior to publication of the rule in             2013; Certificate of Acceptance, dated
                                                action’’ subject to review by the Office                 the Federal Register. A major rule                     May 16, 2013, filed with the Illinois
                                                of Management and Budget under                           cannot take effect until 60 days after it              Pollution Control Board Clerk’s Office
                                                Executive Orders 12866 (58 FR 51735,                     is published in the Federal Register.                  May 17, 2013.
                                                October 4, 1993) and 13563 (76 FR 3821,                  This action is not a ‘‘major rule’’ as                 [FR Doc. 2015–17662 Filed 7–17–15; 8:45 am]
                                                January 21, 2011);                                       defined by 5 U.S.C. 804(2).                            BILLING CODE 6560–50–P
                                                   • Does not impose an information                         Under section 307(b)(1) of the CAA,
                                                collection burden under the provisions                   petitions for judicial review of this
                                                of the Paperwork Reduction Act (44                       action must be filed in the United States              ENVIRONMENTAL PROTECTION
                                                U.S.C. 3501 et seq.);                                    Court of Appeals for the appropriate                   AGENCY
                                                   • Is certified as not having a                        circuit by September 18, 2015. Filing a
                                                significant economic impact on a                         petition for reconsideration by the                    40 CFR Part 52
                                                substantial number of small entities                     Administrator of this final rule does not
                                                                                                                                                                [EPA–R06–OAR–2013–0542; FRL–9930–44–
                                                under the Regulatory Flexibility Act (5                  affect the finality of this action for the             Region–6]
                                                U.S.C. 601 et seq.);                                     purposes of judicial review nor does it
                                                   • Does not contain any unfunded                       extend the time within which a petition                Approval and Promulgation of
                                                mandate or significantly or uniquely                     for judicial review may be filed, and                  Implementation Plans; Texas;
                                                affect small governments, as described                   shall not postpone the effectiveness of                Revisions to the New Source Review
                                                in the Unfunded Mandates Reform Act                      such rule or action. This action may not               State Implementation Plan; Flexible
                                                of 1995 (Pub. L. 104–4);                                 be challenged later in proceedings to                  Permit Program
                                                   • Does not have Federalism                            enforce its requirements. (See section
                                                implications as specified in Executive                   307(b)(2).)                                            AGENCY:  Environmental Protection
                                                Order 13132 (64 FR 43255, August 10,                                                                            Agency (EPA).
                                                                                                         List of Subjects in 40 CFR Part 52                     ACTION: Final rule.
                                                1999);
                                                   • Is not an economically significant                    Environmental protection, Air
                                                                                                         pollution control, Incorporation by                    SUMMARY:   The EPA is fully approving
                                                regulatory action based on health or
                                                                                                         reference, Intergovernmental relations,                revisions to the Texas New Source
                                                safety risks subject to Executive Order
                                                                                                         Particulate matter, Reporting and                      Review (NSR) State Implementation
                                                13045 (62 FR 19885, April 23, 1997);
                                                   • Is not a significant regulatory action              recordkeeping requirements, Sulfur                     Plan (SIP) to establish the Texas Minor
                                                subject to Executive Order 13211 (66 FR                  oxides.                                                NSR Flexible Permits Program (FPP),
                                                28355, May 22, 2001);                                                                                           submitted by the Texas Commission on
                                                                                                           Dated: June 19, 2015.
                                                   • Is not subject to requirements of                                                                          Environmental Quality (TCEQ). The
                                                                                                         Susan Hedman,
                                                Section 12(d) of the National                                                                                   approval was predicated on the TCEQ
                                                                                                         Regional Administrator, Region 5.                      meeting its commitment outlined in its
                                                Technology Transfer and Advancement
                                                Act of 1995 (15 U.S.C. 272 note) because                      40 CFR part 52 is amended as follows:             letter dated December 9, 2013, to adopt
                                                application of those requirements would                                                                         certain minor clarifications to the
                                                                                                         PART 52—APPROVAL AND                                   Flexible Permit Program (FPP) by
                                                be inconsistent with the CAA; and                        PROMULGATION OF
                                                   • Does not provide EPA with the                                                                              November 30, 2014. The TCEQ
                                                                                                         IMPLEMENTATION PLANS                                   submitted the revised program rules to
                                                discretionary authority to address, as
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                                                appropriate, disproportionate human                                                                             meet its commitment on July 31, 2014.
                                                                                                         ■ 1. The authority citation for part 52
                                                health or environmental effects, using                   continues to read as follows:                          The EPA is finalizing this action under
                                                practicable and legally permissible                                                                             section 110 of the Clean Air Act (CAA).
                                                                                                              Authority: 42 U.S.C. 7401 et seq.                 DATES: This final rule will be effective
                                                methods, under Executive Order 12898
                                                (59 FR 7629, February 16, 1994).                         ■ 2. Section 52.720 is amended by                      August 19, 2015.
                                                   In addition, the SIP is not approved                  adding paragraph (c)(205) to read as                   ADDRESSES: The EPA has established a
                                                to apply on any Indian reservation land                  follows:                                               docket for this action under Docket ID


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Document Created: 2015-12-15 12:57:47
Document Modified: 2015-12-15 12:57:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on August 19, 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 42726 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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