22662 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Proposed Rules 

authorization to manufacture and 

distribute postage evidencing systems to 

reflect new revenue assurance practices. 

DATES: Submit comments on or before 

May 26, 2015. 

ADDRESSES: Mail or deliver written 

comments to the Manager, Payment 

Technology, U.S. Postal Service®, 475 

L’Enfant Plaza SW., Room 3500, 

Washington, DC 20260. You may 

inspect and photocopy all written 

comments at the Payment Technology 

office by appointment only between the 

hours of 9 a.m. and 4 p.m., Monday 

through Friday by calling 1–202–268– 

7613 in advance. Email and faxed 

comments are not accepted. 

FOR FURTHER INFORMATION CONTACT: 

Marlo Kay Ivey, Business Systems 

Analyst, Payment Technology, U.S. 

Postal Service, (202) 268–7613. 

SUPPLEMENTARY INFORMATION: These 

proposed changes to the CFR support 

the ongoing effort of the Postal Service 

(USPS) to collect the appropriate 

revenue on mail pieces in a more 

automated fashion. Presently the system 

relies on a manual process to weigh and 

rate pieces and collect at the point of 

induction or at the point of delivery. 

The USPS is upgrading mail processing 

equipment to validate postage paid on 

individual pieces and working with the 

PC Postage Providers to make 

corrections to the postage paid 

collecting additional revenue when 

appropriate with an electronic process. 

The PC Postage Providers will have 

piece level information and interface 

with the customers to make the needed 

postage corrections. Customers will 

have the opportunity to appeal the 

process in an electronic format. The 

USPS will be the final decision maker 

in all disputes. 

List of Subjects in 39 CFR Part 501 

Administrative practice and 

procedure. 

Accordingly, for the reasons stated, 39 

CFR part 501 is proposed to be amended 

as follows: 

PART 501—AUTHORIZATION TO 

MANUFACTURE AND DISTRIBUTE 

POSTAGE EVIDENCING SYSTEMS 

■ 1. The authority citation for 39 CFR 

part 501 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 410, 2601, 2605, Inspector 

General Act of 1978, as amended (Pub. L. 95– 

452, as amended); 5 U.S.C. App. 3. 

■ 2. In § 501.1, revise paragraph (g) to 

read as follows: 

§ 501.1 Definitions. 

* * * * * 

(g) A customer is a person or entity 

authorized by the Postal Service to use 

a Postage Evidencing System as an end 

user in accordance with Mailing 

Standards of the United States Postal 

Service, Domestic Mail Manual (DMM®) 

604 Postage Payment Methods and 

Refunds, including 604.4.0 Postage 

Meters and PC Postage Products 

(Postage Evidencing Systems). 

■ 3. In § 501.2, revise paragraph (d) to 

read as follows: 

§ 501.2 Postage Evidencing System 

Provider authorization. 

* * * * * 

(d) Approval shall be based upon 

satisfactory evidence of the applicant’s 

integrity and financial responsibility, 

commitment to comply with the Postal 

Service’s revenue assurance practices as 

outlined in section 501.16, and a 

determination that disclosure to the 

applicant of Postal Service customer, 

financial, or other data of a commercial 

nature necessary to perform the function 

for which approval is sought would be 

appropriate and consistent with good 

business practices within the meaning 

of 39 U.S.C. 410(c)(2). The Postal 

Service may condition its approval 

upon the applicant’s agreement to 

undertakings that would give the Postal 

Service appropriate assurance of the 

applicant’s ability to meet its obligations 

under this section, including but not 

limited to the method and manner of 

performing certain financial, security, 

and servicing functions, and the need to 

maintain sufficient financial reserves to 

guarantee uninterrupted performance of 

not less than 3 months of operation. 

* * * * * 

■ 4. In § 501.16, add paragraph (i) to 

read as follows: 

§ 501.16 PC postage payment 

methodology. 

* * * * * 

(i) Revenue Assurance. To operate PC 

Postage systems, the provider must 

support business practices to assure 

Postal Service revenue and accurate 

payment from customers. Specifically, 

the provider is required to notify the 

customer and adjust the balance in the 

postage evidencing system or otherwise 

facilitate postage corrections to address 

any postage discrepancies as directed by 

the Postal Service, subject to the 

applicable notification periods and 

dispute mechanisms available to 

customers for these corrections. The 

Postal Service will supply the provider 

with the necessary detail to justify the 

correction and amount of the postage 

correction to be used in the adjustment 

process. The provider must supply 

customers with visibility into the 

identified postage correction, facilitate a 

payment adjustment from the customer 

in the amount equivalent to the 

identified postage discrepancies to the 

extent possible, and enable customers to 

submit electronic disputes of such 

postage discrepancies to the Postal 

Service. Further if the Customer does 

not have funds sufficient to cover the 

amount of the discrepancies or the 

postage discrepancies have not been 

resolved, the provider may be required 

to temporarily suspend or permanently 

shut down the customer’s ability to 

print PC Postage as described in the 

Domestic Mail Manual section 604.4. 

■ 5. In § 501.18, revise paragraph (b)(2) 

and add paragraph (c)(6) to read as 

follows: 

§ 501.18 Customer information and 

authorization. 

* * * * * 

(b) 

* * * * * 

(2) Within five years preceding 

submission of the information, the 

customer violated any standard for the 

care or use of the Postage Evidencing 

System, including any unresolved 

identified postage discrepancies that 

resulted in revocation of that customer’s 

authorization. 

* * * * * 

(c) 

* * * * * 

(6) The customer has any unresolved 

postage discrepancies. 

* * * * * 

Stanley F. Mires, 

Attorney, Federal Requirements. 

[FR Doc. 2015–09424 Filed 4–22–15; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2013–0436; EPA–R05– 

OAR–2014–0663; FRL–9926–26–Region–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Midwest Generation Variances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

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), 

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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: Comments must be received on 

or before May 26, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Nos. EPA–R05– 

OAR–2013–0436 and EPA–R05–OAR– 

2014–0663, by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Doug Aburano, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Doug Aburano, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID Nos. EPA–R05–OAR–2013– 

0436 and EPA–R05–OAR–2014–0663. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone 

Kathleen D’Agostino, Environmental 

Engineer, at (312) 886–1767 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–1767, 

dagostino.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. What should I consider as I prepare my 

comments for EPA? 

II. What is the background for this action? 

III. What is EPA’s analysis of the variances 

for Midwest Generation? 

IV. What action is EPA taking? 

V. Incorporation by Reference 

VII. Statutory and Executive Order Reviews 

I. What should I consider as I prepare 

my comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions—EPA may ask 

you to respond to specific questions or 

organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What is the background for this 

action? 

Regional haze is a visibility 

impairment that is caused by the 

cumulative emissions of fine particles 

(PM2.5) (e.g., sulfates, nitrates, organic 

carbon, elemental carbon and dust) and 

their precursors (sulfur dioxide (SO2), 

nitrogen oxides (NOX), and in some 

cases ammonia and volatile organic 

compounds) from numerous sources 

over a wide geographic area. Fine 

particulate precursors react in the 

atmosphere to form PM2.5. Aerosol PM2.5

reduces the clarity and distance one can 

see by scattering and absorbing light. 

The visibility protection program 

under sections 169A, 169B, and 

110(a)(2)(J) of the Clean Air Act (CAA) 

is designed to protect visibility in 

national parks and wilderness areas 

(Class I areas). On December 2, 1980, 

EPA promulgated regulations, known as 

‘‘reasonably attributable visibility 

impairment (RAVI),’’ to address 

visibility impairment in Class I areas 

that is reasonably attributable to a single 

source or small group of sources. On 

July 1, 1999, EPA promulgated the 

Regional Haze Rule which revised 

existing visibility regulations to 

incorporate provisions addressing 

regional haze impairment. EPA’s 

Regional Haze Rule, as codified in Title 

40 Code of Federal Regulations part 

51.308 (40 CFR 51.308), requires states 

to submit regional haze SIPs. Among 

other things, the regional haze SIPs 

must include provisions requiring 

certain sources to install and operate 

best available retrofit technology 

(BART). 

At 40 CFR 51.308(e)(2), the Regional 

Haze Rule allows states to meet BART 

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requirements by mandating alternative 

measures in lieu of mandating sourcespecific BART, so long as the alternative 

measures provide better visibility 

protection. Given the regional nature of 

visibility impairment, an alternative that 

results in lower emissions of SO2 and 

NOX will generally provide better 

visibility protection. Thus, in the 

absence of a difference in the spatial 

distribution of emissions, a modeling 

analysis is generally not necessary to be 

able to conclude that an alternative 

strategy with lower SO2 and NOX

emissions provides better visibility 

protection. 

On June 24, 2011, Illinois submitted 

a plan to address the requirements of 

the Regional Haze Rule, as codified at 

40 CFR 51.308. EPA approved Illinois’ 

regional haze SIP on July 6, 2012 (77 FR 

39943). In its approval, EPA determined 

that the emission reductions from 

sources included in the Illinois plan are 

significantly greater than even 

conservative definitions of BART 

applied to BART subject units (77 FR 

39945). EPA also addressed whether the 

Illinois plan, achieving greater emission 

reductions overall than the application 

of BART on BART-subject units, can 

also be expected to achieve greater 

visibility protection than application of 

BART on BART-subject units. Given 

that, in general, the Illinois power 

plants are substantial distances from 

any Class I area, and given that the 

averaging in Illinois’ plan is only 

authorized within the somewhat limited 

region within which each utility’s 

plants are located, EPA determined that 

a reallocation of emission reductions 

from one plant to another is unlikely to 

change the impact of those emission 

reductions significantly. Consequently, 

EPA concluded that the significantly 

greater emission reductions that Illinois 

required in its regional haze SIP will 

yield greater progress toward visibility 

protection as compared to the benefits 

of a conservative estimate of BART. 

Among the rules approved in this 

action to meet BART requirements 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. 

Appendix A identifies the Midwest 

Generation Electric Generating Units 

(EGUs) specified for purposes of the 

combined pollutant standard (CPS). 

Section 225.292 provides that the owner 

or operator of specified EGUs in the CPS 

located at Fisk, Crawford, Joliet, 

Powerton, Waukegan, and Will County 

power plants may elect for all of those 

EGUs as a group to demonstrate 

compliance pursuant to the CPS. 

Section 225.295(b) establishes CPS 

group average annual SO2 emissions 

rates beginning in calendar year 2013 

and continuing in each calendar year 

thereafter. Section 225.296(a)(1) requires 

Midwest Generation to install and have 

operational a flue gas desulfurization 

(FGD) system on Unit 7 of the 

Waukegan Generation Station or shut 

down the unit on or before December 

31, 2013. Section 225.296(c)(1) requires 

that Midwest Generation replace the 

hot-side electrostatic precipitator (ESP) 

on Unit 7 at the Waukegan Generation 

Station with a cold-side ESP, install an 

appropriately designed fabric filter, or 

permanently shut down the unit on or 

before December 31, 2013. Section 

225.296(a)(2) requires Midwest 

Generation to install and have 

operational a FGD system on Unit 8 of 

the Waukegan Generation Station or 

shut down the unit by December 31, 

2014. 

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. 

III. What is EPA’s analysis of the 

variances for Midwest Generation? 

The variances granted by the IPCB 

and submitted by IEPA for approval 

change the requirements for Midwest 

Generation under the regional haze SIP 

as follows: 

1. The IPCB granted Midwest 

Generation a variance from the average 

annual SO2 emission rates of 0.28 

pounds per million Btu (lb/mmBtu) in 

2015 and 0.195 lb/mmBtu in 2016 in 

Section 225.295(b) subject to numerous 

conditions including, but not limited to, 

the following condition: Midwest 

Generation CPS group must comply 

with a system-wide average annual SO2

emission rate of 0.38 lb/mmBtu from 

January 1, 2015 through December 31, 

2016. The CPS group continues to be 

subject to the 2017, 2018, and 2019 

system-wide average annual SO2

emission rates of 0.15 lb/mmBtu, 0.13 

lb/mmBtu, and 0.11 lb/mmBtu, 

respectively, set forth in Section 

225.295(b). 

2. The IPCB granted Midwest 

Generation a variance from the 

December 31, 2013, deadline for 

installation and operation of control 

equipment on Unit 7 of the Waukegan 

Generation Station as required by 

Section 225.296(a)(1) and (c)(1) subject 

to, among other things, the following 

condition: Midwest Generation must 

either install the required pollution 

controls or permanently shut down Unit 

7 at the Waukegan Generating Station 

on or before December 31, 2014. 

3. The IPCB granted Midwest 

Generation a variance from the 

December 31, 2014 deadline for 

installation and operation of FGD 

equipment on Unit 8 at the Waukegan 

Generating Station as required by 

Section 225.296(a)(2) subject to, among 

other things, the following condition: 

Midwest Generation must install the 

required pollution controls or 

permanently shut down Unit 8 at the 

Waukegan Generating Station by May 

31, 2015. Midwest Generation is not 

allowed to operate Waukegan Unit 8 

from January 1, 2015, until completion 

of the installation of FGD equipment. 

4. In addition to the conditions 

described above, the variances granted 

by the IPCB are subject to a number of 

other conditions including, but not 

limited to, the following conditions: 

a. Midwest Generation must shut 

down the coal-fired unit at Fisk 

Generation Station on or before 

December 31, 2012. 

b. Midwest Generation must cease 

operation of the coal-fired units at the 

Crawford Generating Station by April 4, 

2013, and shut down the units on or 

before December 31, 2014. 

c. Midwest Generation must install 

and have operational FGD equipment 

and related ESP upgrades at Powerton 

Unit 6 by December 31, 2014. 

d. Midwest Generation must limit 

annual system-wide mass emissions of 

SO2 to no more than 57,000 tons in 

2013, 54,000 tons in 2014, 39,000 tons 

in 2015, and 37,000 tons in 2016. 

Midwest Generation ceased operation 

of the coal-fired boiler at Fisk on August 

30, 2012, four months earlier than was 

required by the variance. Midwest 

Generation ceased operation at 

Crawford on August 28, 2012, seven 

months earlier than was required by the 

variance. 

In evaluating the variances submitted 

by Illinois, EPA assessed the effect the 

variances would have on the emissions 

reductions expected under the CPS as 

currently approved into the regional 

haze SIP. Under the conditions of the 

currently approved regional haze SIP, 

the Midwest Generation CPS group 

would be expected to emit 190,181 tons 

of SO2 for the 2013–2016 time period. 

Under the variances, the Midwest 

Generation CPU group would be 

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expected to emit 185,599 tons of SO2

over that same time period; 4,582 tons 

fewer than would be expected under the 

current SIP. Further, because Midwest 

Generation ceased operation at the Fisk 

and Crawford Generating stations in 

August of 2012, there were 1,983 tons of 

SO2 emissions reductions (734 tons at 

Fisk and 1,249 tons at Crawford) 

realized in 2012 that were not required 

by the SIP and an additional 8,563 tons 

of SO2 emissions reductions from 

Crawford beyond what was required in 

the SIP for the 2017–2018 time period. 

Over the entire 2012–2018 time period 

it is estimated that the variances result 

in 15,129 tons fewer SO2 emissions than 

were expected under the regional haze 

SIP. 

In addition, under the conditions of 

the currently approved regional haze 

SIP, Unit 7 of the Waukegan Generation 

Station would be required to replace its 

hot-side ESP with a cold-side ESP, 

install an appropriately designed fabric 

filter, or permanently shut down by 

December 31, 2013. Because the 

variances allow this unit an additional 

year to install the required equipment, 

Unit 7 is projected to emit 157 tons of 

PM in 2014 rather than the 140 tons that 

was projected with the installation of a 

cold-side ESP. However, the variances 

also require the shutdown of Fisk and 

Crawford, which results in an estimated 

1,579 ton reduction in PM emissions in 

2014 from what was allowed at these 

sources under the CPS. Consequently, 

when taking into account the delay in 

the installation of a cold-side ESP at 

Waukegan Unit 7 and the shutdown of 

Fisk and Crawford, 1,562 fewer tons of 

PM emissions are expected in 2012 

under the variances than were projected 

under the SIP. Over the entire 2012– 

2108 time period it is estimated that the 

variances result in 7,131 fewer tons of 

PM emissions than were expected under 

the regional haze SIP. 

In addition, while the variances only 

modify the SO2 and PM requirements of 

the regional haze SIP, reductions in 

emissions of other pollutants can also be 

attributed to the variances. The April 4, 

2013, IPCB order approving the variance 

notes that over the 2013–2016 time 

period, the variance will also result in 

11,553 tons fewer of NOX, 183 pounds 

fewer of mercury and 22,266 tons fewer 

of greenhouse gasses. 

Because the deadline for 

implementation of BART level controls 

is 2017 (within 5 years of approval of 

Illinois’ SIP), EPA also evaluated 2017 

emissions under the variance as 

compared to the 2017 emissions 

expected under the Illinois regional 

haze SIP. The variance does not revise 

the requirements of the Illinois regional 

haze SIP in 2017 and beyond, except 

that the current regional haze SIP would 

have allowed Crawford to operate in 

2017 and 2018, thus requiring 

additional reductions under the 

variance. Therefore, the determination 

made in EPA’s approval of the Illinois 

regional haze SIP, that emission 

reductions from sources included in the 

Illinois plan are significantly greater 

than even very conservative definitions 

of BART applied to BART subject units 

(77 FR 39945), continues to apply. In 

addition, for the reasons set forth in 

EPA’s approval of the Illinois regional 

haze SIP (77 FR 39946) and summarized 

above, EPA continues to conclude that 

the significantly greater emission 

reductions required under the variance 

will yield greater progress toward 

visibility protection as compared to the 

benefits of a conservative estimate of 

BART. 

In evaluating the approvability of the 

variances, EPA must also consider 

whether the SIP revision meets the 

requirements of section 110(l) of the 

CAA, 42 U.S.C. 7410(l). To be approved, 

a SIP revision must not interfere with 

any applicable requirement concerning 

attainment, reasonable further progress, 

or any other applicable requirement of 

the CAA. Currently, the SIP establishes 

CPS group average annual SO2

emissions rates for the Midwest 

Generation CPS group, beginning in 

2013. The SIP allows flexibility in 

achieving these overall emissions rates, 

not specifying limits for individual 

sources. The variances will not result in 

any increase in SO2 emissions, but 

rather result in less SO2 emissions over 

the 2012–2018 time period, as well as 

greater cumulative SO2 emissions 

reductions every year throughout this 

time period. 

The SIP does contain control 

technology requirements at Waukegan 

Unit 7, specifically the installation of 

FGD and a cold-side ESP which would 

be delayed a year under the variances, 

from December 31, 2013, to December 

31, 2014. The Waukegan Generating 

Station is located in Lake County, which 

is designated as attainment for both SO2

and PM2.5, and the 12-month delay in 

the installation of this control 

equipment would not result in an 

increase in emissions at the source over 

current emissions levels. Further, 

overall SO2 and PM emissions in 2014 

are lower under the variances than 

under the current SIP. In addition, the 

variances require the installation of FGD 

on Unit 6 at the Powerton Generation 

Station four years earlier than is 

currently required in the SIP. The 

Powerton Generation Station is located 

in the portion of Tazewell County that 

is designated nonattainment as part of 

the Pekin SO2 nonattainment area. This 

expedited installation of control 

equipment will aid in attainment 

planning for this nonattainment area. 

The variances will not result in an 

increase in SO2 or PM emissions, but 

rather will result in lower SO2 and PM 

emissions overall and in 2017, the year 

that BART is required to be 

implemented in Illinois. In addition, 

reductions in NOX, mercury, and 

greenhouse gasses can also be attributed 

to the variances. Therefore, for all of the 

reasons discussed above, the variances 

will not interfere with attainment, 

reasonable further progress, or any other 

applicable requirement of the CAA. 

IV. What action is EPA taking? 

EPA is proposing to approve the 

Midwest Generation variances 

submitted by IEPA on May 16, 2013, 

and August 18, 2014, as revisions to the 

Illinois regional haze SIP. 

V. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Illinois Pollution Control Board Order 

PCB 12–121, effective August 23, 2012 

and Illinois Pollution Control Board 

Order PCB 13–24, effective April 4, 

2013. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive 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 

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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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: April 2, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2015–09365 Filed 4–22–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0175; FRL–9926–70– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Determination of 

Attainment of the 2006 24-Hour Fine 

Particulate Standard for the LibertyClairton Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to make a 

determination of attainment regarding 

the Liberty-Clairton, Pennsylvania 2006 

24-hour fine particulate matter (PM2.5) 

nonattainment area (hereafter ‘‘LibertyClairton Area’’ or ‘‘the Area’’). EPA is 

proposing to determine that the LibertyClairton Area has attained the 2006 24- 

hour PM2.5 National Ambient Air 

Quality Standard (NAAQS), based upon 

quality-assured, quality-controlled and 

certified ambient air monitoring data for 

the calendar years 2012–2014. If EPA 

finalizes this ‘‘clean data 

determination,’’ the requirement for the 

Liberty-Clairton Area to submit an 

attainment demonstration, reasonably 

available control measures (RACM), 

reasonable further progress (RFP), and 

contingency measures related to 

attainment of the 2006 24-hour PM2.5

NAAQS would be suspended for so long 

as the Area continues to attain the 2006 

24-hour PM2.5 NAAQS. If finalized, this 

determination will not constitute a 

redesignation to attainment. This 

proposed action is being taken under 

the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before May 26, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2015–0175 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: powers.marilyn@epa.gov. 

C. Mail: EPA–R03–OAR–2015–0175, 

Marilyn Powers, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2015– 

0175. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

FOR FURTHER INFORMATION CONTACT: 

Emlyn Ve ́lez-Rosa, (215) 814–2038, or 

by email at velez-rosa.emlyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of Proposed Actions 

EPA is proposing to make a 

determination that the Liberty-Clairton 

mstockstill on DSK4VPTVN1PROD with PROPOSALS