Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 33527 

1 62 FR 27968 (May 22, 1997). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0115; FRL–10024– 

92–Region 5] 

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

Emissions From Large Combustion 

Sources 

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) to amend requirements applicable 

to certain coal-fired electric generating 

units (EGUs) in the Illinois 

Administrative Code, also known as the 

Multi-Pollutant Standards (MPS) Rule. 

On January 23, 2020, the Illinois 

Environmental Protection Agency 

(IEPA) submitted a request to amend the 

provisions of the MPS Rule in the 

Illinois regional haze SIP. EPA is 

approving the revision because it will 

result in a significant decrease in 

emissions of Oxides of Nitrogen and 

Sulfur Dioxide, 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: The final is effective July 26, 

2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0115. 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 (AR18J), 

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 being addressed in this 

document? 

This rule approves IEPA’s January 23, 

2020, submission to amend 

requirements applicable to certain coalfired EGUs in the Illinois 

Administrative Code, also known as the 

MPS Rule. The background for this 

action is discussed in detail, and EPA’s 

reasons for proposing approval were 

provided, in EPA’s notice of proposed 

rulemaking (NPRM), dated March 8, 

2021 (86 FR 13260), and will not be 

restated here. 

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 April 7, 2021. We received 

one comment supportive of the 

proposed rule and no adverse comments 

were received. 

III. What action is EPA taking? 

EPA is approving IEPA’s January 23, 

2020 request to revise the Illinois SIP to 

amend all the provisions of MPS Rule, 

section 225.233, except for subsections 

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

IV. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Illinois Regulations 

described in the amendments to 40 CFR 

part 52 set forth below. EPA has made, 

and will continue to make, these 

documents generally available through 

www.regulations.gov, and/or at the EPA 

Region 5 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.1

V. 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). 


lotter on DSK11XQN23PROD with RULES1
33528 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 

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 

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 August 24, 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) of the CAA.) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Sulfur 

oxides. 

Dated: June 14, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

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. 

■ 2. In § 52.720, the table in paragraph 

(c) is amended under ‘‘Part 225: Control 

of Emissions From Large Combustion 

Sources’’, ‘‘Subpart B: Control of 

Mercury Emissions From Coal-Fired 

Electric Generating Units’’ by revising 

the entry for ‘225.233’ to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES

Illinois citation Title/subject 

State 

effective 

date 

EPA approval date Comments 

*******

Part 225: Control of Emissions From Large Combustion Sources 

*******

Subpart B: Control of Mercury Emissions From Coal-Fired Electric Generating Units 

225.233 ....................... Multi-Pollutant Standard (MPS) ................... 8/23/2019 6/25/2021, [INSERT FEDERAL 

REGISTER CITATION].

Except (c), (d), and 

(i). 

* * * * * * * 

* * * * * 

[FR Doc. 2021–13431 Filed 6–24–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2019–0709; FRL–10025– 

14–Region 9] 

Approval of Air Quality Implementation 

Plans; California; Eastern Kern; 8-Hour 

Ozone Nonattainment Area 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve, or conditionally approve, all or 

portions of three state implementation 

plan (SIP) revisions submitted by the 

State of California to meet Clean Air Act 

(CAA or ‘‘the Act’’) requirements for the 

2008 8-hour ozone national ambient air 

quality standards (NAAQS or 

‘‘standards’’) in the Eastern Kern, 

California (‘‘Eastern Kern’’) ozone 

nonattainment area. In this action, the 

EPA refers to these submittals 

collectively as the ‘‘2017 Eastern Kern 

Ozone SIP.’’ The 2017 Eastern Kern 

Ozone SIP addresses certain 

nonattainment area requirements for the 

2008 ozone NAAQS, including the 

requirements for an emissions 

inventory, attainment demonstration, 

reasonable further progress, reasonably 

available control measures, contingency 

measures, among others; and establishes 

motor vehicle emissions budgets. The 

EPA is taking final action to approve the 

2017 Eastern Kern Ozone SIP as meeting 

all the applicable ozone nonattainment 

area requirements except for the 

contingency measure requirement, for 

which the EPA is taking final action to 

conditionally approve, and the 

reasonably available control measures 

and attainment demonstration 

requirements, for which the EPA is 

deferring action at this time. 

DATES: This rule will be effective on July 

26, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2019–0709. All 


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