11872 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 

* * * * * 

[FR Doc. 2021–04057 Filed 2–26–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0116; FRL–10020– 

52–Region 5] 

Air Plan Approval; Illinois; Removal of 

Variance for Illinois Power Holdings 

and AmerenEnergy Medina Valley 

Cogen Facilities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Illinois State Implementation Plan 

(SIP) submitted on January 23, 2020, by 

the Illinois Environmental Protection 

Agency (IEPA). The revision removes 

the variance from the sulfur dioxide 

(SO2) requirements of the Illinois 

Administrative Code (IAC) MultiPollutant Standard Rule for coal-fired 

electrical generating units (EGUs) 

owned by the Illinois Power Holdings, 

LLC (IPH) and the AmerenEnergy 

Medina Valley Cogen, LLC (Medina 

Valley), and will reimpose tighter limits 

on all facilities currently in operation. 

DATES: The final is effective March 31, 

2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0116. 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 and 

facility closures due to COVID–19. We 

recommend that you telephone Charles 

Hatten, Environmental Engineer, at 

(312) 886–6031 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. What is being addressed in this 

document? 

This rule approves IEPA’s January 23, 

2020, submission to remove the 

variance (PCB 14–10) from the Illinois 

SIP, for IPH and Medina Valley, and 

will reimpose tighter limits on all 

facilities currently in operation under 

35 IAC Section 225.233. The 

background for this action is discussed 

in detail in EPA’s notice of proposed 

rulemaking (NPRM), dated September 

18, 2020 (85 FR 58320). 

II. What comments did we receive on 

the proposed rule? 

In the NPRM, EPA provided a 30-day 

review and comment period for the 

proposed rule. The comment period 

ended on October 19, 2020. We received 

no adverse comments on the proposed 

rule. 

EPA did, however, receive one 

anonymous comment that did not 

explain or provide a legal basis for why 

the proposed action should differ, and 

therefore requires no further response. 

III. What action is EPA taking? 

EPA is approving IEPA’s January 23, 

2020, request to revise the Illinois SIP 

by removing PCB 14–10 from the SIP for 

IPH and Medina Valley. 

IV. Incorporation by Reference 

In this document, EPA is amending 

regulatory text that includes 

incorporation by reference. As described 

in the amendments to 40 CFR part 52 set 

forth below, EPA is removing provisions 

of the EPA-Approved Illinois SourceSpecific Requirements from the Illinois 

SIP, which is incorporated by reference 

in accordance with the requirements of 

1 CFR part 51. EPA has made, and will 

continue to make the SIP 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). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act (CAA), the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the CAA and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the CAA. Accordingly, 

this action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 11873 

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 30, 2021. 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, Sulfur oxides. 

Dated: February 22, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

§ 52.720 [Amended] 

■ 2. In § 52.720, the table in paragraph 

(d) is amended by removing the entry 

for ‘‘IPH/Ameren Energy’’. 

[FR Doc. 2021–03985 Filed 2–26–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0626; FRL–10017– 

45–Region 4] 

Air Plan Approval; Tennessee; 

Emissions Inventory and 

Nonattainment New Source Review 

Plan for Sullivan County SO2

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve portions of State 

Implementation Plan (SIP) revisions 

submitted by the State of Tennessee, 

through the Tennessee Department of 

Environment and Conservation (TDEC), 

on May 12, 2017. The portions that EPA 

is approving are the emissions inventory 

and nonattainment new source review 

(NNSR) requirements for the 2010 1- 

hour sulfur dioxide (SO2) primary 

national ambient air quality standard 

(NAAQS) for the Sullivan County SO2

nonattainment area (hereinafter referred 

to as the ‘‘Sullivan County Area’’ or 

‘‘Area’’). The Sullivan County Area is 

comprised of a portion of Sullivan 

County in Tennessee surrounding the 

Eastman Chemical Company 

(hereinafter referred to as ‘‘Eastman’’). 

EPA is not taking action on the other 

portions of the May 12, 2017, SIP 

submissions. EPA has determined that 

Tennessee has met the applicable 

emissions inventory and NNSR 

requirements under the Clean Air Act 

(CAA or Act) for the 2010 1-hour 

primary SO2 NAAQS in the Sullivan 

County Area. 

DATES: This rule is effective March 31, 

2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0626. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. 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. 

FOR FURTHER INFORMATION CONTACT: 

Steven Scofield, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

Mr. Scofield can be reached via 

telephone at (404) 562–9034 or via 

electronic mail at scofield.steve@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose 

On June 22, 2010, EPA published 

notice of a new 1-hour primary SO2

NAAQS of 75 parts per billion (ppb), 

which is met at an ambient air quality 

monitoring site when the 3-year average 

of the annual 99th percentile of daily 

maximum 1-hour concentrations does 

not exceed 75 ppb, as determined in 

accordance with appendix T of 40 CFR 

part 50. See 75 FR 35520, codified at 40 

CFR 50.17(a) and (b). On August 5, 

2013, EPA designated a first set of 29 

areas of the country as nonattainment 

for the 2010 SO2 NAAQS, including the 

Sullivan County Area within the State 

of Tennessee. See 78 FR 47191, codified 

at 40 CFR part 81, subpart C. These 

‘‘Round one’’ area designations were 

effective October 4, 2013. Section 191(a) 

of the CAA directs states to submit SIPs 

for areas designated as nonattainment 

for the SO2 NAAQS to EPA within 18 

months of the effective date of the 

designation, i.e., by no later than April 

4, 2015 in this case. Section 192(a) 

requires that such plans shall provide 

for NAAQS attainment as expeditiously 

as practicable, but no later than 5 years 

from the effective date of designation, 

which is October 4, 2018 in this case, in 

accordance with CAA sections 191–192. 

Section 172(c) of part D of the CAA 

requires such SIP submittals to comply 

with the following: Provide for the 

implementation of all reasonably 

available control measures as 

expeditiously as practicable and 

attainment of the NAAQS; require 

reasonable further progress (RFP); 

include a comprehensive, accurate, 

current inventory of actual emissions 

from all sources in the area; identify and 

quantify the emissions of any pollutants 

from new or modified major sources in