[Federal Register: November 12, 2004 (Volume 69, Number 218)]
[Rules and Regulations]
[Page 65378-65381]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no04-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R05-OAR-2004-IL-0003; FRL-7831-8]
Approval and Promulgation of Implementation Plans; Illinois;
Approval of a Site-Specific Sulfur Dioxide Plan Revision for CILCO
Edwards Station
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On July 29, 2003, Illinois submitted a site-specific sulfur
dioxide (SO2) State Implementation Plan (SIP) revision
request for the Central Illinois Light Company's Edwards Generating
Station in Peoria County, Illinois (CILCO Edwards). This revision
request is identical to an earlier temporary SIP revision, which EPA
approved on April 13, 2000 (65 FR 19838). Therefore, EPA is approving
the July 29, 2003, permanent SIP revision request.
DATES: This ``direct final'' rule is effective on January 11, 2005
unless EPA receives adverse written comments by December 13, 2004. If
adverse comment is received, EPA will publish a timely withdrawal of
the rule in the Federal Register and inform the public that the rule
will not take effect.
ADDRESSES: Submit comments, identified by Regional Material in EDocket
(RME) ID No. R05-OAR-2004-IL-0003, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Web site: http://docket.epa.gov/rmepub/. Regional Material
in EDocket (RME), EPA's electronic public docket and comments system,
is EPA's preferred method for receiving comments. Once in the system,
select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
comments.
E-mail: bortzer.jay@epa.gov.
Fax: (312) 886-5824.
Mail: You may send written comments to: J. Elmer Bortzer, Chief,
Air Programs Branch, (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief,
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois
60604.
Such deliveries are only accepted during the Regional Office's
normal hours of operation. The Regional Office's 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 Regional Material in EDocket
(RME) ID No. R05-OAR-2004-IL-0003. EPA's policy is that all comments
received will be included in the public docket without change,
including any personal information provided, unless the comment
includes information claimed to be Confidential Business Information
(CBI) or other information whose
[[Page 65379]]
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through Regional Material in
EDocket (RME), regulations.gov, or e-mail. The EPA RME Web site and the
federal regulations.gov Web site are ``anonymous access'' systems,
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 e-
mail comment directly to EPA without going through RME or
regulations.gov, your e-mail 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 the
SUPPLEMENTARY INFORMATION section of the related proposed rule which is
published in the Proposed Rules section of this Federal Register.
Docket: All documents in the electronic docket are listed in the
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/index.jsp.
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. Publicly
available docket materials are available either electronically in RME
or in hard copy at Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
(We recommend that you telephone Mary Portanova, Environmental
Engineer, at (312) 353-5954 before visiting the Region 5 office.) This
Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch, EPA Region
5, Chicago, Illinois 60604, (312) 353-5954, portanova.mary@epa.gov.
SUPPLEMENTARY INFORMATION: The supplementary information is organized
in the following order:
I. General Information
A. Does This Action Apply to Me?
B. How Can I Get Copies of This Document and Other Related
Information?
C. How and To Whom Do I Submit Comments?
II. What Action Is Being Taken in This Document?
III. What Has Changed in the Illinois SO2 SIP?
IV. What Is EPA's Final Rulemaking Action?
V. Statutory and Executive Order Reviews
I. General Information
A. Does This Action Apply to Me?
This action applies to a single source, CILCO Edwards Generating
Station, in Peoria County, IL.
B. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an electronic public
rulemaking file available for inspection at Regional Material in
EDocket (RME) under RME ID No. R05-OAR-2004-IL-0003, and a hard copy
file which is available for inspection at the Regional Office. The
official public file consists of the documents specifically referenced
in this action, any public comments received, and other information
related to this action. Although a part of the official docket, the
public rulemaking file does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public rulemaking file is the collection of
materials that is available for public viewing at the Air Programs
Branch, Air and Radiation Division, EPA Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m. excluding Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the regulations.gov Web site located at http://www.regulations.gov
where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
C. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket ``R05-OAR-
2004-IL-0003'' in the subject line on the first page of your comment.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
For detailed instructions on submitting public comments and on what
to consider as you prepare your comments see the ADDRESSES section and
the section I General Information of the SUPPLEMENTARY INFORMATION
section of the related proposed rule which is published in the Proposed
Rules section of this Federal Register.
II. What Action Is Being Taken in This Document?
EPA is approving a site-specific request to revise Illinois'
SO2 SIP for CILCO Edwards in Bartonville, Illinois. The
requested revision limits the SO2 emissions of the plant's
three boilers. On April 15, 1999, the Illinois Pollution Control Board
(IPCB) granted CILCO Edwards a variance to the SO2 emission
limits of 35 Illinois Administrative Code (IAC) 214.141. EPA approved
the variance on April 13, 2000 (65 FR 19838). Under the terms of the
variance, CILCO Edwards could apply to the IPCB to convert the variance
to a permanent site-specific SIP revision. If CILCO Edwards chose not
to apply for permanence, the variance was to expire on February 28,
2002. CILCO Edwards did apply for permanence, filing its petition of
site-specific rulemaking with the Office of the Clerk of the IPCB on
April 26, 2002. The Notice of Hearing for this petition was filed
August 21, 2002, and the public hearing was held on October 11, 2002.
The IPCB adopted the variance's emission limits into 35
[[Page 65380]]
IAC 214.561, and Illinois submitted this rule to the EPA as a SIP
revision request on July 29, 2003.
The regulatory language in 35 IAC 214.561, as published in the
Illinois Register on July 25, 2003 (27 IR 12101), is identical to the
language which the EPA approved as a SIP revision on April 13, 2000 (65
FR 19838). Therefore, the EPA is relying on the April 13, 2000 action
to support its rulemaking action on Illinois' July 29, 2003 request.
For further information, please see 65 FR 19838.
III. What Has Changed in the Illinois SO2 SIP?
This SIP revision request simply makes permanent the following
SO2 emission limits in the Illinois SIP at 35 IAC 214.561:
CILCO Edwards operates three boilers, numbered 1, 2, and 3. The average
SO2 emissions from Boilers 1, 2, and 3, as a group, may not
exceed 4.71 lb/MMBTU actual heat input.
The average SO2 emissions from any one boiler may not
exceed 6.6 lb/MMBTU actual heat input.
CILCO Edwards must determine compliance with these limits on a
daily basis using the SO2 methodology of the Phase II Acid
Rain program set forth in 40 CFR part 75.
A plantwide SO2 emissions limit for CILCO Edwards limits
Boilers 1, 2, and 3, as a group, to 34,613 pounds SO2 per
hour (lb/hr) on a 24-hour average. Compliance with the plantwide limit
must also be determined on a daily basis using the Phase II Acid Rain
methodology.
IV. What Is EPA's Final Rulemaking Action?
EPA is approving the July 29, 2003, site-specific SO2
SIP revision request for the Central Illinois Light Company's Edwards
Generating Station in Peoria County, Illinois.
V. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
For the above reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves State law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by State law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under State
law and does not impose any additional enforceable duty beyond that
required by State law, it 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).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a State rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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. Section 804, however, exempts from section 801 the
following types of rules: rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non agency parties. 5 U.S.C. 804(3). EPA
is not required to submit a rule report regarding today's action under
section 801 because this is a rule of particular applicability.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 11, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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).)
[[Page 65381]]
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: October 20, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
Part 52, Chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart O--Illinois
0
2. Section 52.720 is amended by adding paragraph (c)(171) to read as
follows.
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(171) On July 29, 2003, the Illinois Environmental Protection
Agency submitted a site-specific revision to the State Implementation
Plan (SIP) for sulfur dioxide (SO2) for the Central Illinois
Light Company's E. D. Edwards Generating Station in Peoria County,
Illinois.
(i) Incorporation by reference. Illinois Administrative Code Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter 1:
Pollution Control Board Subchapter C: Emissions Standards and
Limitations for Stationary Sources, Part 214: Sulfur Limitations,
Subpart X: Utilities Section 214.561 E.D. Edwards Electric Generating
Station which was amended at 27 Ill. Reg. 12101, effective July 11,
2003.
* * * * *
[FR Doc. 04-24916 Filed 11-10-04; 8:45 am]
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