13260 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 

1 35 IAC 225.230 contains Illinois’ mercury 

emission standards for EGUs and is not part of the 

federally approved SIP. 

Dated: February 19, 2021. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2021–03988 Filed 3–5–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0115; FRL–10020– 

88–Region 5] 

Air Plan Approval; Illinois; MultiPollutant Standards Rule, Control of 

Emissions From Large Combustion 

Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Illinois State 

Implementation Plan (SIP) to amend 

requirements applicable to certain coalfired electric generating units (EGUs) in 

the Illinois Administrative Code (IAC), 

also known as the Multi-Pollutant 

Standards Rule. On January 23, 2020, 

the Illinois Environmental Protection 

Agency (IEPA) submitted a request to 

amend the provisions of the MultiPollutant Standards Rule in the Illinois 

regional haze SIP. EPA is proposing to 

approve the revision because it will 

result in a significant decrease in 

emissions of NOX and SO2, meets the 

applicable requirements of the Clean Air 

Act (CAA), and does not interfere with 

any applicable requirement concerning 

attainment and reasonable further 

progress. 

DATES: Comments must be received on 

or before April 7, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2020–0115 at http://

www.regulations.gov or via email to 

blakley.pamela@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

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. The EPA 

Region 5 office 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. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. What is the background for this 

action? 

On June 24, 2011, IEPA submitted to 

EPA rules to address the visibility 

protection requirements of section 169A 

of the CAA and regional haze, as 

codified in 40 CFR 51.308. The 

submission included the provisions 

contained in 35 IAC Part 225 (Part 225): 

Section 225.233 Multi-Pollutant 

Standards (MPS) (hereafter the ‘‘MPS 

Rule’’). On July 6, 2012, EPA approved 

subsections (a), (b), (e), and (g) of 

Section 225.233 into the Illinois SIP. 

See 77 FR 39943. 

The MPS Rule establishes control 

requirements and emission standards 

for oxides of nitrogen (NOX), sulfur 

dioxide (SO2), and emissions of 

mercury. The MPS Rule provides the 

owner of certain EGUs an alternative 

means to demonstrate compliance with 

the emission standards in 35 IAC 

225.230(a).1

The owner of one or more EGUs are 

identified or referred to as a ‘‘MPS 

Group’’ in the MPS Rule. There are 

currently two MPS groups in Illinois: 

The Dynegy MPS Group and the 

Ameren MPS Group. The Dynegy MPS 

Group included EGUs at the following 

facilities: Baldwin Power Station, 

Havana Power Station, Hennepin Power 

Station, Vermillion Power Station, and 

Wood River Power Station. The Ameren 

MPS Group included EGUs at the 

following facilities: The Coffeen Power 

Station, Duck Creek Power Station, E.D. 

Edwards Power Station, Joppa Power 

Station, Newton Power Station, 

Hutsonville Power Station, and the 

Meredosia Power Station. 

MPS Rule NOX and SO2 Emission Rates 

The Dynegy MPS Group is required to 

comply with NOX and SO2 emission 

standards for the EGUs in section 

225.233(e)(1) and (2). The MPS Rule 

requires the EGUs in the Dynegy MPS 

Group to meet a fleet-wide annual and 

ozone season NOX emission rate of 0.10 

pound/million British thermal units (lb/ 

mmBtu), based on the greater stringency 

of a limit calculated from those units’ 

base annual and ozone season NOX rates 

beginning in 2012 and continuing in 

each calendar year thereafter. The MPS 

rule requires the EGUs in the Dynegy 

MPS Group to meet a fleet-wide annual 

SO2 emission rate of 0.25 lb/mmBtu or 

a rate equivalent to 35 percent of the 

base rate of SO2 emissions, whichever 

was more stringent, beginning in the 

2015 calendar year. The Dynegy MPS 

Group is currently required to meet a 

fleet-wide annual SO2 emission rate of 

0.19 lb/mmBtu, which was calculated as 

35 percent of the units’ base rate of SO2

emissions. 

The Ameren MPS Group is required 

to comply with NOX and SO2 emission 

standards for the EGUs in section 

225.233(e)(3). The MPS Rule requires 

the EGUs in the Ameren MPS Group to 

meet a fleet-wide annual NOX emission 

rate of 0.14 lb/mmBtu and ozone season 

NOX emission of 0.11 lb/mmBtu 

beginning in 2010. These units were 

then required to meet an annual NOX

emission rate of 0.11 lb/mmBtu 

beginning in 2012 and continuing in 

each calendar year thereafter. Beginning 

in the calendar year 2017, the Ameren 

MPS Group was required to meet a fleetwide annual SO2 emission rate of 0.23 

lb/mmBtu. 

MPS Group Changes Due to Change of 

Ownership 

In 2013, the operating EGUs in the 

Ameren MPS Group were purchased by 

Illinois Power Holdings, LLC (IPH), a 

wholly owned, indirect subsidiary of 

Dynegy, Inc. (Dynegy). Dynegy 

purchased the EGUs at the Coffeen, 

Duck Creek, E.D. Edwards, Joppa, and 

Newton facilities. The EGUs at the 

Meredosia and Hutsonville facilities 

were transferred to AmerenEnergy 

Medina Valley Cogen LLC. 

The following EGUs were 

permanently retired with this purchase: 


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Vermillion Units 1 and 2; Wood River 

Units 4 and 5; E.D. Edwards Unit 1; 

Newton Unit 2; Hutsonville Units 5 and 

6; and Meredosia Units 1, 2, 3, 4, and 

5. Therefore, the remaining permitted 

and operating EGUs owned by Dynegy 

include: Baldwin Units 1, 2, and 3; 

Havana, Unit 9; Hennepin Units 1 and 

2; Coffeen Units 1 and 2; Duck Creek 

Unit 1; E.D. Edwards Units 2 and 3; 

Joppa Units l, 2, 3, 4, 5, and 6; and 

Newton Unit l. 

On January 23, 2020, IEPA submitted 

amendments to the MPS Rule as a 

revision to the Illinois regional haze SIP. 

These amendments will: (1) Combine 

the two existing MPS Groups of EGUs 

into one MPS Group; (2) require all 

subject EGUs as a group to comply with 

mass-based emissions limitations for 

annual NOX and SO2 emission limits, 

and NOX emission limits for the ozone 

season; (3) add a requirement for the 

EGUs at the Joppa facility to comply 

with a combined annual SO2 massbased emissions limit; (4) require 

certain facilities that operate EGUs 

equipped with selective catalytic 

reduction (SCR) control to comply with 

a specific rate-based seasonal NOX

emissions limit and operational 

requirements; and (5) add requirements 

governing the transfer of EGUs from one 

group to a different owner or operator, 

shutdown of EGUs, recordkeeping and 

reporting. 

II. What are the elements of the State’s 

submittal? 

The amendments to the MPS Rule are 

as follows: 

Subsection 225.233(a): General 

Subsection 225.233(a) sets forth the 

purpose and applicability of the MPS 

Rule to the owner of coal-fired EGUs. 

IEPA amended this subsection to 

establish one MPS Group that includes 

all of the EGUs owned and in operation 

by Dynegy. Thus, IEPA added 

subsection 225.233(a)(4)(A), which 

provides that, on and after January 1, 

2019, the following EGUs shall be 

merged into a new MPS Group: Baldwin 

Units 1, 2, and 3; Coffeen Units 1 and 

2; Duck Creek Units 1; E.D. Edwards 

Units 2 and 3; Havana Unit 9; Hennepin 

Units 1 and 2; Joppa Units 1, 2, 3, 4, 5, 

and 6; and Newton Unit 1. The MPS 

Rule further stipulates, ‘‘If one or more 

of the listed EGUs are transferred to a 

different owner, such EGU or EGUs will 

become a separate MPS Group on and 

after the date of transfer. For purposes 

of this section, ‘transfer’ means sale, 

conveyance, transfer, or other change in 

ownership of an EGU.’’ Also, IEPA 

added subsection 225.233(a)(4)(B) 

which states, ‘‘No other EGUs except for 

those listed in subsection 

225.233(a)(4)(A) are subject to the 

requirements of this Section.’’ 

Subsection 225.233(e): Emission 

Standards for NOX and SO2

Subsection 225.233(e) contains the 

NOX and SO2 emissions standards 

applicable to the EGUs in each MPS 

Group. IEPA amended subsection 

225.233(e) to include requirements that 

replace the existing annual emission 

rate-based NOX and SO2 emission 

limits, and NOX seasonal emission 

limits with mass-based emissions limits. 

Below are the revised NOX and SO2

emission limits. 

MPS NOX Standards 

In subsection 225.233(e)(1)(C), IEPA 

amended the MPS Rule by adding the 

requirement that, ‘‘beginning in the 

calendar year 2019 and continuing in 

each calendar year thereafter, the owner 

and the operator of the EGUs in an MPS 

Group must not cause or allow to be 

discharged into the atmosphere 

combined annual NOX emissions in 

excess of 19,000 tons from all EGUs’’. In 

subsection 225.233(e)(1)(D), IEPA 

amended the MPS Rule by adding the 

requirement that, ‘‘beginning in the 

calendar year 2019 and continuing in 

each calendar year thereafter, from May 

1 to September 30, the owner and the 

operator of the EGUs in an MPS Group 

must not cause or allow to be 

discharged into the atmosphere 

combined NOX emissions in excess of 

11,500 tons from all EGUs.’’ 

In subsection 225.233(e)(1)(E), IEPA 

amended the MPS Rule by adding a 

specific requirement for all existing 

EGUs currently equipped with selective 

catalytic reduction (’’SCR’’) control 

system to control NOX emissions. 

Specifically, subsection 225.233(e)(1)(E) 

states that, ‘‘on or after January 1, 2019, 

the owner and operator of any of 

Baldwin Units 1 and 2, Coffeen Units 1 

and 2, Duck Creek Unit 1, E.D. Edwards 

Unit 3, and Havana Unit 9 are required 

to comply with a combined NOX

average emission rate of no more than 

0.10 lb/mmBtu from May 1 to 

September 30.’’ Additionally, 

subsection 225.233(e)(1)(E), requires 

that the owner and operator of the 

above-mentioned EGUs must operate 

each SCR control system in accord with 

limitations, manufacturers’ 

specifications, and good engineering 

and maintenance practices. 

MPS SO2 Standards 

In subsection 225.233(e)(2)(C), IEPA 

amended MPS Rule by adding a 

requirement that, ‘‘beginning in the 

calendar year 2019 and continuing in 

each calendar year thereafter, the owner 

and operator of the EGUs in an MPS 

Group must not cause or allow to be 

discharged into the atmosphere 

combined annual SO2 emissions in 

excess of 34,500 tons from all EGUs.’’ 

In subsection 225.233(e)(2)(D), IEPA 

amended MPS Rule by adding a 

requirement which applies only to 

EGUs at the Joppa facility. The rule 

stipulates that, ‘‘beginning in calendar 

year 2019, continuing in each year 

thereafter, the owner or operator of 

Joppa Units 1, 2, 3, 4, 5, and 6 must not 

cause or allow to be discharged into the 

atmosphere combined annual SO2

emissions in excess of 19,860 tons.’’ 

Finally, IEPA revised MPS Rule by 

deleting subsection 225.233(e)(3) in its 

entirety because it contains the 

provisions relating to the EGUs formerly 

belonging to the Ameren MPS Group. 

The provisions for the Ameren Group 

are being subsumed/incorporated into 

the applicable requirements for the new 

MPS Group identified in subsection 

225.233(a). 

Subsection 225.233(f): Transfer of EGUs 

in an MPS Group 

IEPA amended the MPS Rule by 

adding subsection 225.233(f) to include 

requirements governing the transfer of 

EGUs in an MPS Group. Subsection 

225.233(f)(1) adds requirements for 

transferring of EGUs in an MPS Group 

to a different owner and from the owner 

acquiring the EGUs; subsection 

225.233(f)(2) adds requirements for 

allocating the amounts of emissions that 

would reduce the mass emission limit 

for annual NOX and SO2, ozone season 

NOX values corresponding to the EGU 

or EGUs if they are transferred; and 

subsection 225.233(f)(3) adds 

notification of transfer requirements for 

both the transferring and acquiring 

owners. 

In the case of a transfer, for the MPS 

Group from which EGUs are transferred, 

the combined emissions limitations for 

the MPS Group set forth in subsections 

225.233(e)(l) and (e)(2), as applicable, 

must be adjusted by subtracting from 

those limitations the applicable 

allocation amounts set forth in Columns 

A (Annual NOX, in tons per year (TPY)), 

B (Seasonal NOX, in tons), and C 

(Annual SO2, in TPY), in subsection 

225.233(f)(2) that are attributable to the 

transferred EGUs. 

For a new MPS Group consisting of 

the acquired EGUs, the owner and 

operator of the EGUs in an MPS Group 

must not cause or allow to be 

discharged into the atmosphere 

combined annual NOX emissions, 

combined seasonal NOX emissions, and 

combined annual SO2 emissions in 


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excess of the applicable annual NOX, 

seasonal NOX, and annual SO2

limitation from all EGUs. The applicable 

annual NOX, seasonal NOX, and annual 

SO2 limitations shall be the sum of the 

allocation amounts attributable to all 

EGUs in the MPS Group set forth in 

Columns A (Annual NOX, in TPY), B 

(Seasonal NOX, in tons), and C (Annual 

SO2, in TPY), respectively, of subsection 

225.233(f)(2). 

Subsection 225.233(g): Permanent 

Shutdown of EGUs in an MPS Group 

IEPA amended the MPS Rule to 

include requirements to address the 

permanent shutdown of EGUs in an 

MPS Group in subsection 225.233(g). 

Subsection 225.233(g) adds 

requirements for permanent shutdown 

of one or more EGUs in an MPS Group 

no longer subject to the MPS Rule. In 

the case of a permanent shutdown of 

one or more EGUs, the combined 

emissions limitations for the MPS 

Group in subsections 225.233(e)(1) and 

(e)(2) must be adjusted by subtracting 

from those limitations the applicable 

allocation amounts set forth in set forth 

in Columns A (Annual NOX, in TPY), B 

(Seasonal NOX, in tons), and C (Annual 

SO2, in TPY), respectively, of subsection 

225.233(g)(2) to the shutdown EGU or 

EGUs. The owner and operator must 

comply with the adjusted emission 

limitations beginning with the 

compliance period or periods in which 

the shutdown occurs. The MPS Rule 

makes clear that it regulates the 

emissions of a permanently shut down 

unit during the compliance period or 

periods in which the permanent 

shutdown occurs, and the procedures 

that the owner must comply with to 

determine compliance with the adjusted 

emission limitations, and notification 

requirements. 

Subsection 225.233(h): Temporary 

Shutdown of EGUs in an MPS Group 

IEPA amended the MPS Rule to 

include requirements to address the 

temporary shutdown of one or more 

EGUs in an MPS Group in subsection 

225.233(h). Subsection 225.233(h) 

contains the requirements for temporary 

shutdown of one or more EGUs in an 

MPS Group that do not produce 

electricity for sale during an entire 

compliance period. Similar to the 

requirements for permanent shutdown, 

the combined emissions limitations for 

the MPS Group in subsections 

225.233(e)(1) and (e)(2) must be 

adjusted by subtracting from those 

limitations the applicable allocation 

amounts set forth in set forth in 

Columns A (Annual NOX, in TPY), B 

(Seasonal NOX,, in tons), and C (Annual 

SO2, in TPY), respectively, of subsection 

225.233(h)(2) to the shutdown EGU or 

EGUs. The rule describes what a 

‘‘temporary shutdown’’ means, and the 

procedures that the owner must follow 

to determine compliance with the 

adjusted emission limitations, and 

notification requirements. 

Subsection 225.233(j): Recordkeeping 

IEPA amended the MPS Rule to 

include a requirement to address 

recordkeeping in subsection 225.233(j). 

Subsection 225.233(j) adds the 

requirement that, beginning on January 

1, 2019, and continuing each year 

thereafter, the owner and operator of the 

EGUs in an MPS Group must keep and 

maintain all records necessary to 

demonstrate compliance with Section 

225.233. Also, the rule specifies that the 

records to be maintained shall include, 

but not be limited to, all emissions 

monitoring information gathered in 

accordance with 40 CFR 75, and copies 

of all reports and compliance 

certifications required under subsection 

225.233(k). 

Subsection 225.233(k): Reporting 

IEPA amended the MPS Rule to 

include a requirement to address 

reporting to demonstrate compliance 

with the rule in subsection 225.233(k). 

Subsection 225.233(k), adds a 

requirement that beginning in year 

2020, and continuing each year 

thereafter, the owner and operator of the 

EGUs in an MPS Group to submit 

reports to IEPA demonstrating 

compliance with MPS NOX and SO2

emission standards, transfer of EGUs, 

and the permanent and temporary 

shutdown of EGUs. 

Subsection 225.233(l): EGU Shutdown 

IEPA amended the MPS Rule by 

adding subsection 225.233(l) to include 

requirements to address the appropriate 

steps to permanently shutdown EGUs. 

Subsection 225.233(l) adds a provision 

that outlines for the owner or operator 

of the EGUs specified in subsection 

225.233(a)(4)(A) the necessary 

procedures for documentation and 

notification to be given to the regional 

transmission operator, Midcontinent 

Independent System Operator (MISO), 

in order to obtain MISO approval to 

permanently cease operating one or 

more EGUs from the MPS Group with 

an aggregate capacity of at least 2,000 

megawatts generation. 

III. What is EPA’s analysis of the State’s 

submittal? 

EPA is proposing to approve the 

revisions discussed above because the 

revisions meet all applicable 

requirements of the CAA, consistent 

with section 110(k)(3) of the CAA and 

the regional haze rule. Furthermore, the 

revisions do not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress or any other applicable CAA 

requirement, consistent with section 

110(l) of the CAA. 

A. The Revisions Do Not Interfere With 

the Regional Haze Rules Approved in 

the Illinois SIP 

The proposed SIP revision does not 

interfere with the regional haze rules 

approved in the Illinois SIP. Illinois 

relied on emission reductions of NOX

and SO2 already achieved through 

implementation of the MPS Rule in its 

SIP submittal to EPA for the regional 

haze SIP rules. Illinois has shown that 

the proposed SIP revisions will not 

result in an increase of emissions of 

NOX or SO2. 

EPA has analyzed the historical 

emissions data from the subject facilities 

and assessed the impacts of the 

proposed amendments to the MPS Rule. 

The proposed amendments replace 

fleet-wide rate-based standards in the 

current MPS Rule with fleet-wide mass 

emission limits. This change in the 

method of measurement of emissions for 

compliance will result in lower 

allowable emissions from the operating 

EGUs that comprise the proposed 

combined MPS Group. The allowable 

emissions under the proposed massbased emissions limits are being 

reduced to a level within the range of 

the actual emissions from the affected 

EGUs in the combined MPS Group 

during the years that the state 

implemented the most stringent ratebased emission limits in the current SIP. 

Under the current MPS Rule the 

maximum allowable emissions of NOX

and SO2 are not specified, but these 

allowable emissions have been 

calculated using the rated capacity of 

each of the units that will operate in the 

proposed combined MPS Group and the 

emission rate that applies to each such 

unit currently under the MPS Rule. The 

proposed amendments would limit the 

combined MPS Group to 34,500 tons of 

SO2 annually rather than the calculated 

66,354 tons of allowable annual 

emissions under the current MPS Rule. 

The proposed amendments would also 

limit the combined MPS Group to 

19,000 tons of NOX annually rather than 

the calculated 32,841 tons of allowable 

annual emissions under the current 

MPS Rule. Finally, the proposed 

amendments would limit the combined 

MPS Group to 11,500 tons of NOX

during the ozone season rather than the 

calculated 13,766 tons of allowable 


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annual emissions under the current 

MPS Rule. Note that these comparisons 

only consider the EGUs that will be in 

the new proposed MPS Group, rather 

than including all units that were part 

of both existing MPS Groups but have 

subsequently ceased operation. 

In addition, EPA finds by comparison 

that the maximum allowable NOX and 

SO2 emissions from the EGUs for the 

proposed combined new MPS Group 

under the proposed mass emission 

limits will be less than the projected 

emissions as approved in the Illinois 

SIP for regional haze. The total of 

projected emissions set forth in the 

Illinois SIP for regional haze from all 

EGUs included in both current MPS 

Groups is 55,953 tons of SO2 and 27,951 

tons of NOX annually. These differences 

reflect a total of 21,453 tons of SO2

emissions and 8,951 tons of NOX

emissions less than projected in the 

Illinois SIP for regional haze. As such, 

the proposed mass-based emission 

limits for the combined new MPS Group 

are sufficient to limit total emissions of 

NOX and SO2 pollutants to less than the 

levels that were determined to be 

necessary to achieve the visibility 

improvement goals discussed in the 

Regional Haze SIP submittals, which 

satisfies the requirements under section 

110(l) of the CAA. 

Last, EPA finds that the proposed 

amendments strengthen the MPS Rule 

as a result of including additional 

requirements to ensure that the 

combined new MPS Group of EGUs do 

not exceed the annual NOX and SO2

emissions limits, and the ozone season 

NOX emission limits. 

B. The Revisions Do Not Interfere With 

Any Applicable CAA Requirement 

Under Section 110(l) of the CAA 

Under section 110(l) of the CAA, EPA 

shall not approve a SIP revision if it 

would interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (as defined 

in section 171 of the CAA) or any other 

applicable requirement of the CAA. The 

proposed SIP revisions would not 

interfere with any applicable CAA 

requirements based on technical 

analysis submitted by IEPA. 

As discussed above, IEPA has shown 

that the revision will result in a 

reduction of NOX and SO2 emissions, 

which are the pollutants of concern. 

Furthermore, the emission standards 

under the amended MPS Rule are more 

stringent, replacing the rate-based 

annual emission limits for NOX and 

SO2, and NOX for the ozone season, 

with mass-based emission limits for 

determining compliance. 

Therefore, the proposed revisions are 

approvable under section 110(l) 

because: (1) The proposed changes to 

the SIP will make the emissions limits 

for NOX and SO2 more stringent; (2) the 

proposed changes will result in a 

significant decrease in emissions of 

NOX, and SO2; and (3) the changes are 

consistent with Illinois’ long-term 

strategy for making reasonable progress 

toward meeting the visibility goals of 

section 169A of the CAA contained in 

the state’s regional haze rules. 

IV. What action is EPA taking? 

EPA is proposing to approve a 

revision to the Illinois SIP to amend all 

the provisions of MPS Rule, Section 

225.233, except for subsections 

225.233(c), (d), and (i). IEPA submitted 

the proposed revisions to the MPS Rule 

on January 23, 2020. 

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 

revisions to Title 35 of Illinois 

Administrative Code Rule Part 225— 

Control of Emissions from Large 

Combustion Sources, Multi-Pollutant 

Standards—Section 225.233, except for 

subsections 225.233(c), (d), and (i), 

effective August 23, 2019. 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). 

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 

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, Nitrogen dioxide, Ozone, 

Particulate matter, Sulfur dioxide. 

Dated: March 1, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2021–04749 Filed 3–5–21; 8:45 am] 

BILLING CODE 6560–50–P 


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