[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Rules and Regulations]
[Pages 30466-30469]
[FR Doc No: E9-14855]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-1131; FRL-8921-5]

Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Oxides of Nitrogen Regulations, Phase II

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a request submitted by the Illinois
Environmental Protection Agency (Illinois EPA) on October 23, 2007, to
revise the Illinois State Implementation Plan (SIP). The State has
submitted revisions to 35 Illinois Administrative Code (Ill. Adm. Code)
parts 211 and 217. The submitted revisions are final and adopted in the
Ill. Adm. Code, and pertain to definitions and general provisions, and
control of Nitrogen Oxides (NOX). The rules satisfy the
requirements of EPA's NOX SIP Call Phase II Rule (the Phase
II Rule). We are approving these regulations based on Illinois'
demonstration that the State will meet the emissions targets set forth
in the Phase II Rule through reductions from stationary internal
combustion (IC) engines and turbines which are identified in the
NOX plan submittal. Limiting NOX emissions from
IC engines and turbines will enable the State to meet the 7,055 ton
reduction requirement contained in the Phase II Rule, thereby improving
air quality and protecting the health of Illinois citizens.

DATES: This direct final will be effective August 25, 2009, unless EPA
receives adverse comments by July 27, 2009. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-1131, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.

    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2007-1131. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.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.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://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 Andy Chang, Environmental
Engineer, at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. Background
II. Who Is Affected by the New Rule and the Amended Rules?
III. What Does Approval of This Rule Accomplish?
IV. How Are Owners and Operators Expected To Comply With the New
Requirement?
V. What Action Is EPA Taking?
VI. Statutory and Executive Order Reviews

I. Background

    On October 27, 1998 (63 FR 57356), EPA issued the NOX
SIP Call, which required 22 States, including Illinois, to prepare
plans to reduce the transport of ozone throughout the eastern part of
the United States. This was to be accomplished by reducing emissions of
NOX from selected source categories, primarily major fuel
burning sources, using available cost-effective measures. The rule
established a cap on emissions of NOX from each State.
States had flexibility in determining which fuel burning sources were
to be included in their rules. For the most part, States targeted
NOX reductions from electric utilities and other large
industrial boilers, cement kilns, and IC engines as sources which could
be controlled in a cost-effective manner. Background information in
this regard is available from documents prepared by EPA, and can be
found at http://www.epa.gov/airmarkets/progsregs/nox/sip.html.
    Some States and industry challenged the rule. In Michigan v. EPA,
213 F.3d 663 (D.C.Cir. 2000), the U.S. Court of Appeals for the
District of Columbia Circuit largely upheld EPA's rulemaking. It did,
however, remand a portion of the rule concerning IC engines to EPA for
further notice and public comment.
    Subsequent to the Court's decision, EPA proceeded initially with
rules concerning electric generating units (EGU), industrial boilers
(non-EGU), and cement kilns as Phase I sources. The IC engines fell
into the Phase II group, to be addressed at a later date. Illinois
adopted its Phase I rules and submitted them to EPA; EPA approved them
on June 28, 2001 (66 FR 34382) and November 21, 2001 (66 FR 56454).
    On April 21, 2004 (69 FR 21603), EPA issued the Phase II Rule. It
required most States with Phase I budget programs to submit a Phase II
plan to achieve incremental reductions not addressed by Phase I rules.
The Phase II Rule also identified the additional NOX budget
reductions (incremental reductions) that States would have to achieve
by regulating large (greater than one ton per day emissions) IC
engines. EPA calculated the amount of incremental reductions required
by recalculating the overall budget to reflect a control level of 82
percent from natural gas-fired lean-burn IC engines with greater than
one ton per day NOX emissions. Illinois EPA drafted
revisions to the SIP (35 Ill. Adm. Code Parts 211 and 217) based on
guidance from EPA dated September 19, 2004, which contained an example
model rule (the Model Rule).
    On April 6, 2007, Illinois EPA filed proposed amendments to 35 Ill.
Adm. Code parts 211 and 217 in order to satisfy the requirements of
EPA's Phase II Rule with the Illinois Office of the Clerk of the
Pollution Control Board (the Board). The Board issued a First Notice
Opinion and Order on April 19, 2007, and the public process started on
April 20, 2007, when the Board issued a Notice of Hearings. The first
hearing occurred on May 21, 2007, in Springfield, and the second on
June 19, 2007, in Chicago. Most notably, the State received one set of
comments from ANR Pipeline Company, Natural Gas Pipeline Company,
Trunkline Gas Company, and Panhandle Eastern Pipeline Company (the
Pipeline Consortium). Illinois EPA addressed the comments from the
Pipeline Consortium and made changes where necessary prior to
finalization of the Phase II Rule. The Second Notice Opinion and Order
of the Board was issued on August 9, 2007, and the Joint Committee on
Administrative Rules' Certifications of No Objections was dated
September 18, 2007. On this same date, the Final Opinion and Order of
the Board for the proposed rules were adopted. The Notice of Adopted
Amendments was

published in the Illinois Register, volume 31, issue 41, pp. 14254-
14295, on October 12, 2007.
    In the Phase II Rule, EPA calculated the 2007 base year
NOX emissions inventory from which Illinois needed
additional reductions of 7,055 tons per ozone season, which in Illinois
starts on April 1 and ends on October 31. EPA based the calculation
upon achieving an 82 percent reduction at all IC engines in Illinois
with greater than one ton per day of NOX emissions. On March
13, 2009, Illinois EPA provided a budget demonstration that showed
reductions in NOX emissions for large IC engines and
turbines in the State amounting to 7,055 tons per ozone season, thereby
satisfying requirements of the Phase II Rule.

II. Who Is Affected by the New Rule and the Amended Rules?

    Ill. Adm. Code parts 211 and 217 apply to the entire State of
Illinois, and apply to any person who owns or operates a large
stationary reciprocating IC engine, turbine, or other smaller
stationary IC engines.

III. What Does Approval of This Rule Accomplish?

    EPA established the incremental difference requirements for
affected States, including Illinois, in the April 21, 2004, Federal
Register (69 FR 21604). The State's budget demonstration shows that the
State will be able to reduce emissions of NOX to meet the
Phase II incremental difference of 7,055 tons of NOX for the
ozone season.
    Approval of the State's rules ensures the Federal enforceability of
NOX emissions reductions. The State's rules affect
NOX SIP Call IC engines, turbines, and any other stationary
IC engine subject to NOX control in the State's rules. The
emission reductions for some large engines will be permanent and year-
round resulting from low emission combustion measures retrofitted to
existing engines. Low emission combustion measures cannot be cycled off
once the changes are made to the engine. The combustion control
technology is a permanent, physical change to the design and operation
of the engine which, when implemented, is expected to reduce emissions
of NOX year-round. The State's rules include provisions
which the source must follow to demonstrate compliance with the rules.
EPA expects environmental and health benefits to be permanent.

IV. How Are Owners and Operators Expected To Comply With the New
Requirement?

    Illinois Adm. Code part 217.392 includes a requirement that an
owner or operator of a large IC engine or turbine shall not operate an
affected engine during the ozone season, unless there is a compliance
plan which meets the requirements of the rule. The rule prohibits
operation of affected engines after January 1, 2008, except in
compliance with the requirements. Included in the compliance plan is a
requirement that the projected NOX emissions from the engine
be included in a Federally enforceable permit. This information will
enable the State to determine if reductions from the covered sources
should meet the Phase II budget increment. The failure of a source to
meet the required NOX reductions is a violation of the
provisions of the permit. The State of Illinois is expected to enforce
non-compliance with its rules by reviewing monitoring and testing
information submitted by the owners and operators of the affected
engines and turbines.

V. What Action Is EPA Taking?

    EPA is approving revisions to Ill. Adm. Code parts 211 and 217 for
incorporation into the Illinois SIP. The revisions were submitted by
Illinois EPA and the rules pertain to definitions and general
provisions, and control of Nitrogen Oxides, respectively, and include:
211.740 (Brakehorsepower); 211.1740 (Diesel Engine); 211.1920
(Emergency or Standby Unit); 211.3300 (Lean-burn Engine); 211.5640
(Rich-burn Engine); 217.101 (Measurement Methods); 217.102
(Abbreviations and Units); 217.104 (Incorporation by Reference);
217.386 (Applicability); 217.388 (Control and Maintenance
Requirements); 217.390 (Emissions Averaging Plan); 217.392
(Compliance); 217.394 (Testing and Monitoring); 217.396 (Recordkeeping
and Reporting); and section 217 appendix G. EPA is taking this action
because we have determined that the rule satisfies the requirements of
the Clean Air Act and the NOX SIP Call Phase II Rule. The
State has shown, through its budget demonstration, that it can achieve
the Phase II budget increment through source compliance with the
State's rules affecting IC engines and turbines in conjunction with the
State's permitting program. Meeting the Phase II budget increment and
the Phase I increment means the State will meet its total overall ozone
season NOX budget and bring about reductions in ozone
concentrations in the State and downwind from Illinois.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments, as Illinois drafted the SIP revisions based on the Model
Rule. However, in the Proposed Rules section of this Federal Register
publication, we are publishing a separate document that will serve as
the proposal to approve the State plan if relevant adverse written
comments are filed. This rule will be effective August 25, 2009 without
further notice unless we receive relevant adverse written comments by
July 27, 2009. If we receive such comments, we will withdraw this
action before the effective date by publishing a subsequent document
that will withdraw the final action. All public comments received will
then be addressed in a subsequent final rule based on the proposed
action. EPA will not institute a second comment period; therefore, any
parties interested in commenting on this action should do so at this
time. If we do not receive any comments, this action will be effective
August 25, 2009.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive

Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; 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, this rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
    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 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 August 25, 2009. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 11, 2009.
Walter W. Kovalick Jr,
Acting Regional Administrator, Region 5.

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40 CFR part 52 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

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2. Section 52.720 is amended by adding paragraph (c)(184) to read as
follows:

Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (184) On October 23, 2007, the Illinois Environmental Protection
Agency submitted revisions to its State implementation plan for the
Oxides of Nitrogen (NOX) SIP Call Phase II. The State has
submitted revisions to 35 Illinois Administrative Code (Ill. Adm. Code)
Parts 211 and 217. The rules pertain to definitions and general
provisions, and control of Nitrogen Oxides (NOX),
respectively. The rules satisfy the requirements of EPA's
NOX SIP Call Phase II Rule (the Phase II Rule).
    (i) Incorporation by reference. (A) Illinois Administrative Code,
Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter
I: Pollution Control Board, Subchapter c: Emission Standards and
Limitations for Stationary Sources, Part 211: Definitions and General
Provisions, Subpart B: Definitions, Sections: 211.740 Brakehorsepower;
211.1740 Diesel Engine; 211.1920 Emergency or Standby Unit; 211.3300
Lean-burn Engine; and 211.5640 Rich-burn Engine; effective September
25, 2007. (B) Illinois Administrative Code, Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control
Board, Subchapter c: Emission Standards and Limitations for Stationary
Sources, Part 217: Nitrogen Dioxide Emissions, Subpart A: General
Provisions, Sections: 217.101 Measurement Methods; 217.102 Abbreviation
and Units; Subpart Q: Stationary Reciprocating Internal Combustion
Engines and Turbines, Sections 217.386 Applicability; 217.388 Control
and Maintenance Requirements; 217.390 Emissions Averaging Plan; 217.392
Compliance; 217.394 Testing and Monitoring; 217.396 Recordkeeping and
Reporting; and 217 Appendix G: Existing Reciprocating Internal
Combustion Engines Affected by the NOX SIP Call; effective
September 25, 2007.
    (ii) Additional material. Illinois Administrative Code, Title 35:
Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emission Standards and
Limitations for Stationary Sources, Part 217: Nitrogen Dioxide
Emissions, Subpart A: General Provisions, Section 217.104 Incorporation
by Reference; effective September 25, 2007.

[FR Doc. E9-14855 Filed 6-25-09; 8:45 am]
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