83 FR 4591 - Air Plan Approval; Illinois; Nonattainment Plans for the Lemont and Pekin SO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 22 (February 1, 2018)
Federal Register Volume 83, Issue 22 (February 1, 2018)
| Page Range | 4591-4595 | |
| FR Document | 2018-01925 |
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)] [Rules and Regulations] [Pages 4591-4595] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01925] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0138; FRL-9973-48-Region 5] Air Plan Approval; Illinois; Nonattainment Plans for the Lemont and Pekin SO2 Nonattainment Areas AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve State Implementation Plan (SIP) revisions, which Illinois submitted to EPA on March 2, 2016, and supplemented on August 8, 2016 and May 4, 2017, for attaining the 2010 1-hour sulfur dioxide (SO2 ) primary national ambient air quality standard (NAAQS) for the Lemont and Pekin areas. These revisions (herein called the nonattainment plans or plans) include Illinois' attainment demonstration and other elements required under the Clean Air Act (CAA) for the two areas. In addition to an attainment demonstration, the plans address: The requirement for meeting reasonable further progress (RFP) toward attainment of the NAAQS; reasonably available control measures and reasonably available control technology (RACM/RACT); emission inventories; and contingency measures. EPA further concludes that Illinois has demonstrated that the plans' provisions provide for attainment of the 2010 1-hour primary SO2 NAAQS in the Lemont and Pekin areas by the attainment date of October 4, 2018. EPA proposed this action on [[Page 4592]] October 5, 2017 and received one public comment in response. DATES: This final rule is effective on March 5, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2016-0138. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone John Summerhays, Environmental Scientist, at (312) 886-6067 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: John Summerhays, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6067, [email protected]. SUPPLEMENTARY INFORMATION: This supplementary information section is arranged as follows: I. What action did EPA propose and why? II. What comments did EPA receive, and what are EPA's responses? III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. What action did EPA propose and why? On October 5, 2017, at 82 FR 46434, EPA proposed to approve Illinois' nonattainment plans for the Lemont and Pekin SO2 nonattainment areas. These areas had been designated nonattainment on August 5, 2013, triggering a requirement for Illinois to submit plans to provide for attainment and to address other requirements under CAA sections 110, 172, and 192. Illinois submitted nonattainment plans for these areas on March 2, 2016, and submitted supplemental information on August 8, 2016 and May 4, 2017. EPA's proposed rulemaking provides further background on Illinois' submittal. Within the body of this proposed rulemaking, the first section identified EPA's action designating the Lemont and Pekin areas as nonattainment, thereby triggering a requirement for Illinois to develop nonattainment plans for the areas. The second section of the proposal provided an extensive discussion of EPA's guidance on the requirements that SO2 nonattainment plans must meet in order to obtain approval by EPA, including requirements to: Submit an emission inventory; provide for attainment; provide for reasonable further progress (RFP); implement RACM (including RACT); implement a new source permit program; and provide contingency measures. Of particular note, the proposal discussed the circumstances under which EPA expects to find that a plan that includes emission limits with averaging times of up to 30 days adequately provides for attainment of the 1-hour NAAQS. The third section of the proposed rulemaking discussed EPA's review of Illinois' demonstration that its plans provide for attainment in the Lemont and Pekin areas. This section discussed the use of the atmospheric dispersion model known as AERMOD, the meteorological and emissions data used in the analysis, the emission limits that Illinois relied on, and the background concentrations that Illinois used. This included a discussion of Illinois' use of a 30-day average emission limit for the Powerton Generating Station (Powerton), operated by Midwest Generation, LLC, which is located in the Pekin area. Illinois set this limit at a level of about 58 percent of the level of the 1- hour limit that Illinois found would have provided for attainment, and which Illinois supplemented with a requirement that Powerton have less than five percent of the hours in any 30-day period exceeding the 1- hour emission limit that Illinois otherwise would have set. EPA also evaluated comments that Sierra Club submitted during the State's rulemaking process, including comments related to the proposed emission limit for Powerton. Finally, this section summarized EPA's review of Illinois' attainment demonstration, concluding that Illinois' proposed limit for Powerton, as supplemented, was comparably stringent to the 1- hour limit that would have been necessary to provide for attainment in accordance with EPA's guidance, and finding more generally that Illinois adequately demonstrated that its plans provided for attainment. The fourth section of the proposal contained EPA's review of the rules Illinois adopted to limit the sulfur content of residual and distillate fuel oil, and EPA's conclusion that these limits were enforceable and approvable. The fifth section of the proposal explained how Illinois' plans satisfied other nonattainment planning requirements, including requirements for a comprehensive emission inventory, RACM/RACT, an adequate new source review program, RFP, and contingency measures. The sixth section of the proposal summarized EPA's proposed action, namely that EPA proposed to approve Illinois' plans and the emission limits in the underlying rules. The seventh section of the proposal identified the rules that EPA was proposing to approve, and the eighth section contained EPA's review of statutory requirements and executive orders applicable to the proposed rulemaking. II. What comments did EPA receive, and what are EPA's responses? In response to the proposed rulemaking, EPA received one comment letter, from Midwest Generation, LLC, dated November 6, 2017. The commenter indicated that it supports EPA's proposed rulemaking, provided SO2 air quality data for the Lemont and Pekin areas from 2013 through August 2017, and commented that ``because significant SO2 emission reductions have already occurred in the designated non-attainment areas, the Illinois EPA will soon be authorized to submit a `clean data' petition to U.S. EPA for the ambient air monitoring sites that were the basis for the non-attainment designations.'' These comments, which support EPA's action, do not require any reassessment of the proposed rulemaking. Additionally, the proposed action did not address whether the Lemont and Pekin areas (at the monitoring sites and elsewhere) are currently attaining the SO2 standard; rather, the action evaluated Illinois' nonattainment plans for areas and proposed to find that those plans will provide for attainment. Therefore, the comments related to recent air quality monitoring data for the areas are not relevant to this rulemaking. III. What action is EPA taking? EPA is taking final action to approve Illinois' submission as a SIP revision, which the state submitted to EPA on March 2, 2016, and supplemented on August 8, 2016, and May 4, 2017, for attaining the 2010 1-hour SO2 NAAQS for the Lemont and Pekin SO2 nonattainment areas. These SO2 nonattainment plans include Illinois' attainment [[Page 4593]] demonstrations for the Lemont and Pekin SO2 nonattainment areas. These attainment demonstrations use dispersion modeling to demonstrate that the emission limits that Illinois adopted into Title 35 part 214 of the Illinois Administrative Code and submitted for EPA approval provide for air quality meeting the SO2 NAAQS. These limits include a 30-day average limit for the Powerton power plant in the Pekin area. Illinois' modeling demonstrated that a 1-hour limit of 6,000 pounds of SO2 per hour for this facility, in conjunction with the other limits that Illinois adopted and submitted or otherwise has in place, provide for attainment in this area. Illinois demonstrated that a 30-day average limit of 3,452 pounds per hour is comparably stringent to a 1-hour limit of 6,000 pounds per hour at this facility. Therefore, and for reasons discussed in the proposed rulemaking, EPA finds that the limits submitted by Illinois, which for Powerton include a 30-day average limit of 3,452 pounds per hour supplemented by a requirement that emissions not exceed 6,000 pounds per hour for more than 5 percent of hours, provide for attainment of the 1-hour SO2 NAAQS. These nonattainment plans also satisfy requirements for emission inventories, RACT/RACM, RFP, and contingency measures. Additionally, Illinois has previously addressed requirements regarding nonattainment area new source review. Therefore, EPA has determined that Illinois' SO2 nonattainment plans meet the applicable requirements of CAA sections 110, 172, and 192. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Illinois Regulations described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available through www.regulations.gov, and at the EPA Region 5 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; 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 April 2, 2018. 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, Reporting and recordkeeping requirements, Sulfur oxides. Dated: January 17, 2018. Cathy Stepp, 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. In Sec. 52.720: [[Page 4594]] 0 a. In the table in paragraph (c) under ``Part 214: Sulfur Limitations'': 0 i. Revise the entries for 214.121 and 214.122 under the subheading entitled ``Subpart B: New Fuel Combustion Emission Sources''. 0 ii. Revise the entry for 214.161 under the subheading entitled ``Subpart D: Existing Liquid or Mixed Fuel Combustion Emission Sources''. 0 iii. Add new entries before 214.Appendix C for 214.600, 214.601, 214.602, 214.603, 214.604 and 214.605 under a new subheading entitled ``Subpart AA: Requirements for Certain SO 2 Sources''. 0 b. In the table in paragraph (e) add a new entry in alphabetical order for ``Sulfur dioxide (2010) nonattainment plans'' under the subheading entitled ``Attainment and Maintenance Plans''. The additions and revisions read as follows: Sec. 52.720 Identification of plan. * * * * * (c) * * * EPA-Approved Illinois Regulations and Statutes ---------------------------------------------------------------------------------------------------------------- State Illinois citation Title/subject effective date EPA approval date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Subpart B: New Fuel Combustion Emission Sources ---------------------------------------------------------------------------------------------------------------- 214.121.......................... Large Sources...... 12/7/2015 2/1/2018, [Insert ................... Federal Register citation]. 214.122.......................... Small Sources...... 12/7/2015 2/1/2018, [Insert ................... Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Subpart D: Existing Liquid or Mixed Fuel Combustion Emission Sources ---------------------------------------------------------------------------------------------------------------- 214.161.......................... Liquid Fuel Burned 12/7/2015 2/1/2018, [Insert ................... Exclusively. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Subpart AA: Requirements for Certain SO Sources ---------------------------------------------------------------------------------------------------------------- 214.600.......................... Definitions........ 12/7/2015 2/1/2018, [Insert ................... Federal Register citation]. 214.601.......................... Applicability...... 12/7/2015 2/1/2018, [Insert ................... Federal Register citation]. 214.602.......................... Compliance Deadline 12/7/2015 2/1/2018, [Insert ................... Federal Register citation]. 214.603.......................... Emission 12/7/2015 2/1/2018, [Insert ................... Limitations. Federal Register citation]. 214.604.......................... Monitoring and 12/7/2015 2/1/2018, [Insert ................... Testing. Federal Register citation]. 214.605.......................... Recordkeeping and 12/7/2015 2/1/2018, [Insert ................... Reporting. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of SIP provision geographic or State EPA approval date Comments nonattainment area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Attainment and Maintenance Plans ---------------------------------------------------------------------------------------------------------------- * * * * * * * Sulfur dioxide (2010) Lemont and Pekin... 3/2/2016 2/1/2018, [Insert ................... nonattainment plans. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 4595]] [FR Doc. 2018-01925 Filed 1-31-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations 4591
the primary reason for instituting the process has accommodated nearly all with paragraph (d)(2) of this section. If
rulemaking, the main purpose of the changes to mail preparation the Postal Service’s determination
rule was to ‘‘ensure that the Postal requirements that require compliance regarding compliance with paragraph
Service properly accounts for the rate with the price cap rules over the past (d)(2) of this section is raised by the
effects of mail preparation changes decade without issue.19 The Commission or any other party, the
under § 3010.23(d)(2) of this chapter in Commission’s standard, articulated in Postal Service must demonstrate, by a
accordance with the Commission’s Order No. 3047, does not disrupt this preponderance of the evidence, that a
standard articulated in Order No. 3047.’’ process and the Commission finds that mail preparation change does not
Order No. 3048 at 1–2. In accomplishing a separate motion procedure with require compliance with paragraph
that goal, the Commission initially deadlines outside of the rate adjustment (d)(2) of this section in any proceeding
sought to create a more efficient process proceedings would conflict with the where compliance is at issue. In any
that improved upon existing procedures existing rules governing compliance challenge to the Postal Service’s
by proposing a new motion procedure with the price cap rules. determination concerning a mail
specific to compliance issues for mail preparation change, the challenging
preparation changes. However, based on IV. Ordering Paragraphs
party shall provide all information to
its review of comments and further It is ordered: rebut the Postal Service’s determination
analysis, the Commission determined 1. Part 3010 of title 39, Code of that the change is not subject to the
that any additional motion rule would Federal Regulations, is revised as set price cap.
add potential inefficient redundancies. forth below the signature of this order, * * * * *
A separate motion practice would be an effective 30 days after publication in the [FR Doc. 2018–01810 Filed 1–31–18; 8:45 am]
unnecessary addition to existing actions Federal Register. BILLING CODE 7710–FW–P
that could include a comment filed in 2. The Secretary shall arrange for
a rate adjustment proceeding alerting publication of this order in the Federal
the Commission to the potential rate Register.
impact of a mail preparation change, a ENVIRONMENTAL PROTECTION
By the Commission. AGENCY
Postal Service request for an advance
Ruth Ann Abrams,
determination on the rate impact of a
mail preparation change, an interested Acting Secretary. 40 CFR Part 52
party’s motion to designate a mail List of Subjects in 39 CFR Part 3010 [EPA–R05–OAR–2016–0138; FRL–9973–48–
preparation change as having a rate Region 5]
Administrative practice and
impact, or other relevant motions. In
procedure, Postal Service.
those actions, the Postal Service or any Air Plan Approval; Illinois;
interested party is free to request For the reasons discussed in the Nonattainment Plans for the Lemont
discovery.18 Therefore, the Commission preamble, the Commission amends and Pekin SO2 Nonattainment Areas
disagrees with the Postal Service’s chapter III of title 39 of the Code of
comments that it needs to create a Federal Regulations as follows: AGENCY: Environmental Protection
separate procedure specific to Agency (EPA).
compliance issues for mail preparation PART 3010—REGULATION OF RATES ACTION: Final rule.
changes and submits that the final rule FOR MARKET DOMINANT PRODUCTS
provides a more effective way of SUMMARY: The Environmental Protection
■ 1. The authority citation of part 3010 Agency (EPA) is taking final action to
ensuring the Postal Service complies
continues to read as follows: approve State Implementation Plan
with the price cap rules for mail
preparation changes. Authority: 39 U.S.C. 503; 3662. (SIP) revisions, which Illinois submitted
In addition to potential redundancies, to EPA on March 2, 2016, and
■ 2. Amend § 3010.23 by adding supplemented on August 8, 2016 and
the Commission also found that a paragraph (d)(5) to read as follows:
separate motion rule would conflict May 4, 2017, for attaining the 2010 1-
with existing procedures. See Order No. § 3010.23 Calculation of percentage hour sulfur dioxide (SO2) primary
3827 at 10. For example, in a rate change in rates. national ambient air quality standard
adjustment proceeding, the * * * * * (NAAQS) for the Lemont and Pekin
Commission’s rules request participants (d) * * * areas. These revisions (herein called the
focus their comments on whether the (5) Procedures for mail preparation nonattainment plans or plans) include
Postal Service’s planned rate adjustment changes. The Postal Service shall Illinois’ attainment demonstration and
complies with the price cap rules. 39 provide published notice of all mail other elements required under the Clean
CFR 3010.11(b)(1)–(2). The Commission preparation changes in a single, publicly Air Act (CAA) for the two areas. In
must then determine whether the available source. The Postal Service addition to an attainment
planned rate adjustments are consistent shall file notice with the Commission of demonstration, the plans address: The
with the annual limitation and the single source it will use to provide requirement for meeting reasonable
applicable law. 39 CFR 3010.11(d). This published notice of all mail preparation further progress (RFP) toward
changes. When providing notice of a attainment of the NAAQS; reasonably
18 As previously discussed, under the PAEA, the
mail preparation change, the Postal available control measures and
Commission retains discretion to order or permit Service shall affirmatively state whether reasonably available control technology
discovery, in part due to the ‘‘extremely (RACM/RACT); emission inventories;
compressed time schedules under which or not the change requires compliance
and contingency measures. EPA further
daltland on DSKBBV9HB2PROD with RULES
compliance review must be conducted.’’ Order No.
203 at 55. In most cases, the Commission functions 19 In Docket No. R2013–10R, although the Postal concludes that Illinois has demonstrated
as a gatekeeper for limited discovery—where parties Service contended that the Full Service IMb that the plans’ provisions provide for
request the Commission to propound specific requirement was not a rate change, the Postal attainment of the 2010 1-hour primary
questions or requests on participants. This Service did not argue that it was unaware of the
gatekeeper role filters discovery requests that may significance of the change compared to its more
SO2 NAAQS in the Lemont and Pekin
be untimely, irrelevant, intended as a leveraging routine mail preparation changes. See Order No. areas by the attainment date of October
tactic, or simply abusive. 3047 at 21, 26–27. 4, 2018. EPA proposed this action on
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![4594 Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations
■ a. In the table in paragraph (c) under ■ iii. Add new entries before plans’’ under the subheading entitled
‘‘Part 214: Sulfur Limitations’’: 214.Appendix C for 214.600, 214.601, ‘‘Attainment and Maintenance Plans’’.
■ i. Revise the entries for 214.121 and 214.602, 214.603, 214.604 and 214.605 The additions and revisions read as
214.122 under the subheading entitled under a new subheading entitled follows:
‘‘Subpart B: New Fuel Combustion ‘‘Subpart AA: Requirements for Certain
Emission Sources’’. SO2 Sources’’. § 52.720 Identification of plan.
■ ii. Revise the entry for 214.161 under
the subheading entitled ‘‘Subpart D: ■ b. In the table in paragraph (e) add a * * * * *
Existing Liquid or Mixed Fuel new entry in alphabetical order for (c) * * *
Combustion Emission Sources’’. ‘‘Sulfur dioxide (2010) nonattainment
EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES
State
Illinois citation Title/subject effective EPA approval date Comments
date
* * * * * * *
Subpart B: New Fuel Combustion Emission Sources
214.121 ................................... Large Sources ....................... 12/7/2015 2/1/2018, [Insert Federal
Register citation].
214.122 ................................... Small Sources ........................ 12/7/2015 2/1/2018, [Insert Federal
Register citation].
* * * * * * *
Subpart D: Existing Liquid or Mixed Fuel Combustion Emission Sources
214.161 ................................... Liquid Fuel Burned Exclu- 12/7/2015 2/1/2018, [Insert Federal
sively. Register citation].
* * * * * * *
Subpart AA: Requirements for Certain SO2 Sources
214.600 ................................... Definitions .............................. 12/7/2015 2/1/2018, [Insert Federal
Register citation].
214.601 ................................... Applicability ............................ 12/7/2015 2/1/2018, [Insert Federal
Register citation].
214.602 ................................... Compliance Deadline ............. 12/7/2015 2/1/2018, [Insert Federal
Register citation].
214.603 ................................... Emission Limitations .............. 12/7/2015 2/1/2018, [Insert Federal
Register citation].
214.604 ................................... Monitoring and Testing .......... 12/7/2015 2/1/2018, [Insert Federal
Register citation].
214.605 ................................... Recordkeeping and Reporting 12/7/2015 2/1/2018, [Insert Federal
Register citation].
* * * * * * *
* * * * * (e) * * *
EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS
State
Applicable geographic or non-
Name of SIP provision submittal EPA approval date Comments
attainment area date
* * * * * * *
Attainment and Maintenance Plans
daltland on DSKBBV9HB2PROD with RULES
* * * * * * *
Sulfur dioxide (2010) non- Lemont and Pekin .................. 3/2/2016 2/1/2018, [Insert Federal
attainment plans. Register citation].
* * * * * * *
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[FR Doc. 2018–01925 Filed 1–31–18; 8:45 am] Environmental Protection Agency, section 110(a)(1) and (2), and addresses
BILLING CODE 6560–50–P Region 5, 77 West Jackson Boulevard, the 2012 PM2.5 NAAQS.
Chicago, Illinois 60604, (312) 353–4489,
C. What is the scope of this rulemaking?
svingen.eric@epa.gov.
ENVIRONMENTAL PROTECTION EPA is acting upon the SIP
SUPPLEMENTARY INFORMATION:
AGENCY submission from Indiana that addresses
Throughout this document whenever
the infrastructure requirements of CAA
40 CFR Part 52 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
section 110(a)(1) and (2) for the 2012
EPA. This supplementary information
[EPA–R05–OAR–2016–0343; FRL–9973–49– PM2.5 NAAQS. The requirement for
section is arranged as follows:
Region 5] states to make SIP submissions of this
I. What is the background of this SIP type arises out of CAA section 110(a)(1),
Air Plan Approval; Indiana; submission? which states that states must make SIP
II. What comments were submitted on the submissions ‘‘within 3 years (or such
Infrastructure SIP Requirements for
proposed rulemaking?
the 2012 PM2.5 NAAQS III. What action is EPA taking?
shorter period as the Administrator may
IV. Statutory and Executive Order Reviews prescribe) after the promulgation of a
AGENCY: Environmental Protection national primary ambient air quality
Agency (EPA). I. What is the background of this SIP standard (or any revision thereof),’’ and
ACTION: Final rule. submission? these SIP submissions are to provide for
SUMMARY: The Environmental Protection A. What state submission does this the ‘‘implementation, maintenance, and
Agency (EPA) is approving elements of rulemaking address? enforcement’’ of such NAAQS. The
a state implementation plan (SIP) statute directly imposes on states the
This rulemaking addresses a June 10, duty to make these SIP submissions,
submission from Indiana regarding the
2016, submission from the Indiana and the requirement to make the
infrastructure requirements of section
Department of Environmental submissions is not conditioned upon
110 of the Clean Air Act (CAA) for the
2012 fine particulate matter (PM2.5) Management (IDEM) intended to EPA’s taking any action other than
National Ambient Air Quality Standards address all applicable infrastructure promulgating a new or revised NAAQS.
(NAAQS). The infrastructure requirements for the 2012 PM2.5 Section 110(a)(2) includes a list of
requirements are designed to ensure that NAAQS. On December 28, 2016, IDEM specific elements that ‘‘[e]ach such
the structural components of each supplemented this submittal with plan’’ submission must address.
state’s air quality management program additional documentation intended to EPA has historically referred to these
are adequate to meet the state’s address the transport requirements of SIP submissions made for the purpose
responsibilities under the CAA. EPA Section 110(a)(2)(D) for the 2012 PM2.5 of satisfying the requirements of CAA
proposed this action on August 31, NAAQS; EPA will take action on this section 110(a)(1) and (2) as
2017, and received one public comment supplement in a separate rulemaking. ‘‘infrastructure SIP’’ submissions.
in response. Although the term ‘‘infrastructure SIP’’
B. Why did the state make this SIP does not appear in the CAA, EPA uses
DATES: This final rule is effective on submission? the term to distinguish this particular
March 5, 2018. type of SIP submission from
Under section 110(a)(1) and (2) of the
ADDRESSES: EPA has established a CAA, states are required to submit submissions that are intended to satisfy
docket for this action under Docket ID infrastructure SIPs to ensure that their other SIP requirements under the CAA,
No. EPA–R05–OAR–2016–0343. All SIPs provide for implementation, such as SIP submissions that address
documents in the docket are listed on maintenance, and enforcement of the the nonattainment planning
the www.regulations.gov website. NAAQS, including the 2012 PM2.5 requirements of part D and the
Although listed in the index, some NAAQS. These submissions must prevention of significant deterioration
information is not publicly available, contain any revisions needed for (PSD) requirements of part C of title I of
i.e., Confidential Business Information meeting the applicable SIP requirements the CAA, and ‘‘regional haze SIP’’
(CBI) or other information whose of section 110(a)(2), or certifications that submissions required to address the
disclosure is restricted by statute. their existing SIPs for the NAAQS visibility protection requirements of
Certain other material, such as already meet those requirements. CAA section 169A.
copyrighted material, is not placed on EPA highlighted this statutory In this rulemaking, EPA will not take
the internet and will be publicly requirement in an October 2, 2007, action on three substantive areas of
available only in hard copy form. guidance document entitled ‘‘Guidance section 110(a)(2): (i) Existing provisions
Publicly available docket materials are on SIP Elements Required Under related to excess emissions during
available either through Sections 110(a)(1) and (2) for the 1997 periods of start-up, shutdown, or
www.regulations.gov or at the 8-hour Ozone and PM2.5 1 National malfunction (‘‘SSM’’) at sources, that
Environmental Protection Agency, Ambient Air Quality Standards’’ (2007 may be contrary to the CAA and EPA’s
Region 5, Air and Radiation Division, 77 Guidance) and has issued additional policies addressing such excess
West Jackson Boulevard, Chicago, guidance documents, the most recent on emissions; (ii) existing provisions
Illinois 60604. This facility is open from September 13, 2013, entitled ‘‘Guidance related to ‘‘director’s variance’’ or
8:30 a.m. to 4:30 p.m., Monday through on Infrastructure State Implementation ‘‘director’s discretion’’ that purport to
Friday, excluding Federal holidays. We Plan (SIP) Elements under CAA permit revisions to SIP approved
recommend that you telephone Eric Sections 110(a)(1) and (2)’’ (2013 emissions limits with limited public
Svingen, Environmental Engineer, at notice or without requiring further
daltland on DSKBBV9HB2PROD with RULES
Guidance). The SIP submission
(312) 353–4489 before visiting the referenced in this rulemaking pertains approval by EPA, that may be contrary
Region 5 office. to the applicable requirements of to the CAA; and, (iii) existing provisions
FOR FURTHER INFORMATION CONTACT: Eric for PSD programs that may be
Svingen, Environmental Engineer, 1 PM inconsistent with current requirements
2.5 refers to particles with an aerodynamic
Attainment Planning and Maintenance diameter of less than or equal to 2.5 micrometers, of EPA’s ‘‘Final NSR Improvement
Section, Air Programs Branch (AR–18J), oftentimes referred to as ‘‘fine’’ particles. Rule,’’ 67 FR 80186 (December 31,
VerDate Sep<11>2014 17:04 Jan 31, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1](https://thefederalregister.org/doc/83_FR_4613/page/5.svg)
Document Created: 2018-10-26 13:46:11
Document Modified: 2018-10-26 13:46:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on March 5, 2018. | |
| Contact | John Summerhays, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6067, [email protected] | |
| FR Citation | 83 FR 4591 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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