Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations 32769

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the executive order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

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

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. Section 804,

however, exempts from section 801 the

following types of rules: rules of

particular applicability; rules relating to

agency management or personnel; and

rules of agency organization, procedure,

or practice that do not substantially

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). EPA is

not required to submit a rule report

regarding this action under section 801

because this is a rule of particular

applicability.

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by August 17, 2001.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule 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, Intergovernmental relations,

Lead, Reporting and recordkeeping

requirements.

Dated: May 16, 2001.

Jack W. McGraw,

Acting Regional Administrator, Region VIII.

Part 52, Chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for Part 52

continues to read as follows:

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

Subpart BB—Montana

2. Section 52.1370 is amended by

adding paragraph (c)(53) to read as

follows:

§ 52.1370 Identification of plan.

* * * * *

(c) * * *

(53) The Governor of Montana

submitted minor revisions to Asarco’s

control strategy in the East Helena Lead

SIP on November 27, 2000.

(i) Incorporation by reference.

(A) Board order issued on September

15, 2000, by the Montana Board of

Environmental Review adopting and

incorporating the stipulation of the

Montana Department of Environmental

Quality and Asarco dated July 18, 2000.

The July 18, 2000 stipulation revises the

following sections in the previously

adopted exhibit A to the stipulation:

1(B(4), 1(B)(5), 3(A)(3), 3(A)(4),

3(A)(12)(a), 3(A)(12)(i), 3(A)(12)(m),

3(A)(12)(o), 3(A)(12)(p), 3(A)(12)(q),

3(A)(12)(r), 3(A)(16)(a), 5(D)(1), 5(D)(2),

5(G)(4), 8(A),(2), 8(A)(3), 9(B)(2), and

9(B)(3). These revisions, which became

effective on September 15, 2000, replace

the same-numbered sections in

previously approved SIP revisions.

[FR Doc. 01–15143 Filed 6–15–01; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL204–2; FRL–6998–2]

Approval and Promulgation of Air

Quality Implementation Plans; State of

Illinois; Oxides of Nitrogen

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: On April 3, 2001, the EPA

proposed to approve a draft statewide

rule to control the emissions of Oxides

of Nitrogen (NOX) from Electric

Generating Units (EGUs) in the State of

Illinois. Illinois submitted this rule for

parallel processing on October 20, 2000.

The adopted rule provides NOX

emission reductions to support

attainment of the one-hour ozone

standard in the Metro-East/St. Louis

ozone nonattainment area. In the April

3, 2001, proposed rule, EPA noted that

significant changes in the rule between

the version upon which EPA’s proposed

rule is based and the final adopted

version, other than those changes

resulting from issues discussed in the

April 3, 2001, proposed rule, would

require EPA to prepare and publish a

new EPA proposed rule on Illinois’

subsequent submittal of the adopted

rule. Because Illinois’ final rule

submitted on May 8, 2001, did not

contain any significant unforeseen

changes, EPA is responding to public

comments received in response to its

proposed rule and announcing final

approval of the State adopted rule.

DATES: This final rule is effective July

18, 2001.

ADDRESSES: You may obtain copies of

the State Implementation Plan revision

request at the following address: U.S.

Environmental Protection Agency,

Region 5, Air and Radiation Division, 77

West Jackson Boulevard, Chicago,

Illinois 60604. Please telephone John

Paskevicz at (312) 886–6084 before

visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: John

Paskevicz, Regulation Development

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

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, Telephone

Number: (312) 886–6084, E-Mail

Address: paskevicz.john@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, the terms

‘‘you’’ and ‘‘me’’ refer to the reader of

this final rule and to sources subject to

the State rule, and the terms ‘‘we,’’ ‘‘us,’’

or ‘‘our’’ refers to the EPA.

Table of Contents

I. Background

A. What is a State Implementation Plan

(SIP)?

B. What is the Federal approval process for

a SIP?

C. What does Federal approval of a State

regulation mean to me?

D. What Clean Air Act requirements apply

to or led to the State’s submittal of the

NOX emission control regulation?

E. What analyses and EPA rulemaking

actions support the need for the NOX

emission control regulation?

II. Summary of the State Submittal

A. When was the NOX emission control

regulation submitted to the EPA?

B. Has the regulation been adopted by the

State?

C. What are the basic components of the

State’s regulation?

D. What public review opportunities have

been provided by the State for this

regulation?

III. EPA Review of the Adopted Regulation

A. Does the regulation adequately support

the attainment of the ozone standard in

the Metro-East/St. Louis ozone

nonattainment area?

B. What other criteria were considered to

judge the approvability of the regulation

and does the regulation meet these

criteria?

C. Is the regulation approvable?

IV. Proposed Action Published on April 3,

2001 (64 FR 17641)

32770 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations

What action did EPA propose to take on

the State submittal in the April 3, 2001,

proposed rule?

V. Response to Public Comments received

and Final Rulemaking Action

A. Public Comments Received on the

Proposed Rule.

B. Final Rulemaking Action.

VI. Administrative Requirements

I. Background

A. What is a State Implementation Plan

(SIP)?

Section 110 of the Clean Air Act (Act

or CAA) requires States to develop air

pollution control regulations and

strategies to ensure that state air quality

meets the national ambient air quality

standards (NAAQS) established by the

EPA. Each State must submit the

regulations and emission control

strategies to the EPA for approval and

promulgation into the federally

enforceable SIP.

Each federally approved SIP protects

air quality primarily by addressing air

pollution at its points of origin. The

SIPs can be and generally are extensive,

containing many State regulations or

other enforceable documents and

supporting information, such as

emission inventories, monitoring

documentation, and modeling

demonstrations (attainment

demonstrations).

B. What is the Federal Approval Process

for a SIP?

In order for State regulations to be

incorporated into the federally

enforceable SIP, States must formally

adopt the regulations and emission

control strategies consistent with State

and Federal requirements. This process

generally includes public notice, public

hearings, public comment periods, and

formal adoption by state-authorized

rulemaking bodies.

Once a State rule, regulation, or

emissions control strategy is adopted,

the State submits it to us for inclusion

into the SIP. We must provide public

notice and seek additional public

comment regarding the proposed

Federal action on the State submittal. If

adverse comments are received, they

must be addressed prior to any final

Federal action (they are generally

addressed in a final rulemaking action).

This rule was parallel processed.

Parallel processing means that EPA

proposes action on a State rule before it

becomes final under State law. Under

parallel processing, EPA takes final

action on its proposal if the final,

adopted state submittal is substantially

unchanged from the submittal on which

the proposed rule was based, or if

significant changes in the final

submittal are anticipated and

adequately described in EPA’s proposed

rule or result from needed corrections

determined by the State to be necessary

through review of issues described in

EPA’s proposed rule.

All State regulations and supporting

information approved by the EPA under

section 110 of the Act are incorporated

into the Federally approved SIP.

Records of such SIP actions are

maintained in the Code of Federal

Regulations (CFR) at Title 40, Part 52,

titled ‘‘Approval and Promulgation of

Implementation Plans.’’ The actual state

regulations which are approved are not

reproduced in their entirety in the CFR,

but are ‘‘incorporated by reference,’’

which means that EPA has approved a

given state regulation (or rule) with a

specific effective date.

C. What Does Federal Approval of a

State Regulation Mean to Me?

Enforcement of a State regulation

before and after it is incorporated into

a federally approved SIP is primarily a

State responsibility. After the regulation

is federally approved, however, EPA is

authorized to take enforcement actions

against violators. Citizens are also

offered legal recourse to address

violations in the Federal courts as

described in section 304 of the Act.

D. What Clean Air Act Requirements

Apply to or Led to the State’s Submittal

of the NOX Emission Control

Regulation?

Sections 108 and 109 of the Act

require the EPA to establish NAAQS for

certain air pollutants that cause or

contribute to air pollution that is

reasonably anticipated to endanger

public health or welfare. In 1979, EPA

promulgated an one-hour ozone

standard of 0.12 parts per million (ppm)

or 120 parts per billion (ppb) to protect

public health. 44 FR 8202 (February 8,

1979).

Ground-level ozone is generally not

directly emitted into the air by sources.

Rather, Volatile Organic Compounds

(VOC) and NOX, both emitted by a wide

variety of sources, react in the presence

of sunlight to form additional

pollutants, including ozone. NOX and

VOC are referred to as precursors of

ozone.

The Act, as amended in 1990,

required EPA to designate as

nonattainment any area that was

violating the one-hour ozone standard,

generally based on air quality

monitoring data from the 1987 through

1989 period. Act section 107(d)(4); 56

FR 56694 (November 6, 1991). The Act

further classified these ozone

nonattainment areas, based on the areas’

ozone design values (generally the

fourth highest daily peak one-hour

ozone concentrations over a three year

period at the areas’ worst-case ozone

monitoring sites) as marginal, moderate,

serious, severe, or extreme. Marginal

areas were experiencing the least

significant ozone nonattainment

problems (lowest ozone design values

and generally fewer ozone standard

exceedences per year), while the areas

classified as severe and extreme had the

most significant ozone nonattainment

problems.

The control requirements and the

dates by which attainment of the ozone

standard are to be achieved vary with an

area’s classification. Marginal areas

were subject to the fewest mandated

emission control requirements and had

the earliest attainment date (deadline),

November 15, 1993. Moderate areas

were subject to more stringent planning

and emission control requirements, but

were provided more time to attain the

ozone standard, until November 15,

1996. Severe and extreme areas are

subject to even more stringent planning

and control requirements, but are also

provided more time to attain the ozone

standard. Serious nonattainment areas

fall in between moderate nonattainment

areas and severe nonattainment areas in

terms of planning requirements and

mandated emission control

requirements.

The Metro-East/St. Louis area was

classified as moderate nonattainment for

ozone, giving it an attainment date of

November 15, 1996. This area is defined

to contain Madison, Monroe, and St.

Clair Counties in Illinois (the Metro-East

portion of the nonattainment area), and

Franklin, Jefferson, St. Charles, and St.

Louis Counties and St. Louis City in

Missouri. 40 CFR 81.314 and 81.326.

The Act requires moderate and above

ozone nonattainment areas to be

addressed in SIPs through ozone

attainment demonstrations, including

adopted emission control regulations

sufficient to achieve the ozone standard

by the applicable ozone attainment date.

The requirements of the Act for ozone

attainment demonstrations for moderate

and above ozone nonattainment areas

are determined by considering several

sections of the Act. Section 172(c)(6) of

the Act requires SIPs to include

enforceable emission limitations, and

such other control measures, means or

techniques as well as schedules and

timetables for compliance, as may be

necessary to provide for attainment by

the applicable attainment date. Section

172(c)(1) of the Act requires the

implementation of reasonably available

control measures (including Reasonably

Available Control Technology [RACT]

Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations 32771

for stationary industrial sources), and

requires the SIP to provide for sufficient

annual reductions in emissions of VOC

and NOX as necessary to attain the

ozone standard by the applicable

attainment date. Section 182(j)(1)(B)

requires the use of photochemical grid

modeling or other methods judged to be

at least as effective to demonstrate

attainment of the ozone standard in

multi-state moderate ozone

nonattainment areas (the Metro-East/St.

Louis ozone nonattainment area is such

an area). The attainment demonstrations

based on photochemical grid modeling

address the emission impacts of both

VOC and NOX.

The NOX emission control regulations

(collectively referred to as the NOX rule)

addressed in this final rule are intended

to meet the requirements for the ozone

attainment demonstration for the MetroEast/St. Louis ozone nonattainment

area.

E. What Analyses and EPA Rulemaking

Actions Support the Need for the NOX

Emission Control Regulation?

On October 27, 1998, the EPA

promulgated a NOX SIP call (requiring

the development of NOX SIPs and rules)

for a number of states, including the

State of Illinois. The NOX SIP call

requires the subject States to develop

NOX emission control regulations on a

regional basis (generally statewide) of

sufficient nature to provide for

statewide NOX emissions at or below

prescribed state-wide NOX emission

budgets in 2007. The regional NOX

emission reductions will address ozone

formation and transport in the area of

the Country primarily east of the

Mississippi River, but will also affect

the Metro-East/St. Louis area as a whole.

Although the NOX SIP call will impact

the Metro-East/St. Louis area, it should

be noted that the State of Illinois has not

submitted the NOX rule reviewed here

for the purpose of meeting the

requirements of the NOX SIP call. As

noted by the Illinois Environmental

Protection Agency (IEPA), the IEPA has

submitted the NOX rule reviewed here

strictly for the purpose of attaining the

one-hour ozone standard in the MetroEast/St. Louis area.

Illinois adopted NOX rules to address

the NOX SIP call, and has submitted

adopted rules for this purpose. The

actions reflected in this rule in no way

relate to the State’s EGU NOX rule under

the NOX SIP call. The NOX rule

reviewed here is another, separate rule

affecting EGUs, and has been

supplemented by the NOX SIP callbased rules.

The State of Illinois has the primary

responsibility under the Act for

ensuring that all portions of Illinois

meet the ozone standard, and is

required to submit air quality

attainment and maintenance plans that

specify emission limitations, control

measures, and other measures necessary

for attainment, maintenance, and

enforcement of the NAAQS within the

State. The attainment plan for ozone

must meet the CAA requirements

discussed above, must be adopted

pursuant to notice and comment

rulemaking, and must be submitted to

the EPA for approval as part of the SIP.

The States of Illinois and Missouri

have worked cooperatively to provide

the EPA with ozone attainment

demonstrations for this area. Analyses

conducted to support the attainment

demonstrations for this area indicate

that regional reductions in upwind NOX

emissions are needed to reduce the

transport of ozone into this area and to

support the adopted ozone attainment

demonstrations. These regional

reductions in NOX emissions include

control of NOX emissions from EGUs in

Illinois and Missouri along with control

of NOX emissions in other upwind

States. The ozone attainment

demonstration for Illinois (undergoing

separate review by the EPA) is based, in

part, on limiting NOX emissions from

EGUs throughout Illinois to an

emissions rate of no higher than 0.25

pounds NOX per million British thermal

units of heat input (0.25 pounds NOX/

MMBtu of heat input) through Subpart

V of Part 217 of the Illinois Pollution

Control Board rule. The Missouri EGU

NOX emission rates would be limited to

0.25 pounds NOX/MMBtu of heat input

in the eastern one-third of the State and

to 0.35 pounds NOX/MMBtu of heat

input in the western two-thirds of the

State. For other impacting upwind

States, the Illinois and Missouri ozone

attainment demonstration assumes that

EGU NOX emissions would be limited to

0.25 pounds NOX/MMBtu of heat input.

At the time the original attainment

demonstrations were prepared for the

Metro-East/St. Louis ozone

nonattainment area (the original

attainment demonstrations were

reviewed by the EPA in a proposed rule

on April 17, 2000, 65 FR 20404; a

supplemental proposed rule was

published on April 13, 2001, 66 FR

17647), the IEPA and the Missouri

Department of Natural Resources

(MDNR) assumed that the upwind

States would be required to achieve the

0.25 pounds NOX/MMBtu emission rate

limits for EGUs (or even tighter NOX

emission limits) by May 1, 2003 based

on the October 1998 NOX SIP call. A

subsequent, August 30, 2000, Court

decision (Michigan v. EPA, 2000 WL

1341477 (D.C.Cir.)), supported the NOX

SIP call, but delayed its compliance date

to May 31, 2004. The IEPA and MDNR

have revised the ozone attainment

demonstrations to reflect the delay in

the upwind emission reductions and to

demonstrate attainment of the one-hour

standard by May 31, 2004 (a

supplemental proposed rule on the

revised attainment demonstrations was

published on April 13, 2001 (66 FR

17647). The revised ozone attainment

demonstrations continue to support the

EGU 0.25 pounds NOX/MMBtu

emission limit for Illinois and the EGU

0.25/0.35 pounds NOX/MMBtu emission

limits for Missouri as being adequate to

achieve attainment of the one-hour

ozone standard in the Metro-East/St.

Louis ozone nonattainment area.

In the April 17, 2000, proposed rule

on the Illinois and Missouri ozone

attainment demonstrations, the EPA

proposed to approve the attainment

demonstrations, but proposed to

disapprove the attainment

demonstrations in the alternative if the

States failed to submit a proposed NOX

emission control rule for EGUs by June

2000 and final, adopted regional NOX

emission control rules for EGUs by

December 2000 to support the ozone

attainment demonstrations. The State of

Missouri submitted its state-wide EGU

NOX regulations on June 29, 2000. The

EPA proposed to approve these

regulations on August 24, 2000 (65 FR

51564). The EPA gave final approval to

these regulations on December 28, 2000

(65 FR 82285).

It should be noted that, on August 31,

2000 (65 FR 52967), the EPA proposed

rulemaking for NOX controls under

subpart W of part 217 of Illinois’ Air

Pollution Control Rules. The subpart W

rule was developed by the State to

comply with EPA’s NOX SIP call, and

will also affect sources affected by

subpart V.

II. Summary of the State Submittal

A. When Was the NOX Emission Control

Regulation Submitted to the EPA?

The IEPA submitted the draft 0.25

EGU NOX rule, Subpart V: Electric

Power Generation to the EPA on

October 20, 2000 and requested parallel

processing. A final rule was submitted

on May 8, 2001.

B. Has the Regulation Been Adopted by

the State?

On October 16, 2000, the IEPA

submitted the 0.25 EGU NOX rule to the

Illinois Pollution Control Board (IPCB)

for the purposes of adoption by the

State. The Final Opinion and Order in

the Illinois regulatory proceeding was

32772 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations

adopted by the Illinois Pollution Control

Board (IPCB) on April 5, 2001. It became

effective on April 17, 2001, when it was

filed with the Illinois Secretary of State.

It was published in the Illinois Register

on May 4, 2001 at 25 Ill. Reg. 5914. The

IPCB held public hearings on this rule

on November 28, 2000 and December

14, 2000.

C. What Are the Basic Components of

the State’s Regulation?

The rule reviewed here constitutes

subpart V (Electric Power Generation) of

part 217 of Illinois’ Air Pollution

Control Rules. (It should be noted that,

on August 31, 2000 (65 FR 52967), the

EPA proposed rulemaking for NOX

controls under subpart W: NOX Trading

Program for Electrical Generating Units

of part 217 of Illinois’ Air Pollution

Control Rules (subpart W). The Subpart

W rule was developed by the State to

comply with EPA’s NOX SIP call, and

will also affect sources affected by

subpart V. As noted above, the subpart

V rule is designed to achieve emission

controls consistent with Illinois’ and

Missouri’s ozone attainment

demonstration for the Metro-East/St.

Louis ozone nonattainment area.) This

final rule on the subpart V NOX control

rule must be viewed as being

independent of the NOX SIP call-related

rulemakings. In no way is the subpart V

rule intended by the State to comply

with the requirements of EPA’s NOX SIP

call.

The following summarizes various

aspects of the subpart V rule.

1. What Geographic Region and Sources

Will Be Affected by the Rule?

Section 217.700 of the rule states that

the subpart V rule would control the

emissions of NOX from EGUs

throughout the State of Illinois during

the ozone control period of May 1

through September 30 each year

beginning in 2003.

Section 217.704 of the rule defines the

fossil fuel-fired stationary boilers,

combustion turbines, and combined

cycle systems to be considered as EGUs

and subject to the subpart V rule. The

subject units are defined to be one of the

following:

(1) Any unit serving a generator that

has a nameplate capacity greater than 25

megawatts of electrical output (25 MWe)

and produces electricity for sale,

excluding units listed in appendix D of

part 217 of the State’s air pollution

control rule; or

(2) Any unit with a maximum design

heat input that is greater than 250

MMBtu per hour that commences

operation on or after January 1, 1999,

serving at any time a generator that has

a nameplate capacity of 25 MWe or less

and has the potential to use more than

50 percent of the potential electrical

output capacity of the unit. Fifty (50)

percent of a unit’s potential electrical

output capacity shall be determined by

multiplying the unit’s maximum design

heat input by 0.0488 MWe per MMBtu.

2. What Are the Allowable NOX

Emission Rates or Levels for Affected

Sources?

Section 217.706 of the subpart V rule

specifies the NOX emission limitations

for the affected sources. Following the

compliance deadline (see item 4 below),

the NOX emissions from affected

sources are limited to 0.25 pounds of

NOX per MMBtu of actual heat input

during each control period (May 1

through September 30), based on a

control period average for each unit.

Any EGU subject to more stringent NOX

emission limitations pursuant to any

State or Federal statute, including the

State’s Clean Air Act, and the Federal

Clean Air Act must comply with both

the requirements of subpart V and the

more stringent limitations.

3. What Are The Compliance Options

for the Affected Sources?

The affected sources must meet the

emission limitation requirement of this

rule through compliance with the

emission limit at the sources themselves

or, for certain specified sources, may

meet the emission limitation

requirement through inter-source

averaging between various EGUs.

Direct compliance (compliance

through the use of emission controls at

the EGUs themselves and not through

inter-EGU emissions averaging) with the

emission limitation would probably

entail the use of combustion process

modifications, fuel substitutions, or

catalytic or non-catalytic reduction

technology. (The rule reviewed here

does not specify the control techniques

to be used, but these are generally the

NOX control techniques employed for

EGUs to achieve this emission rate

limit.) Direct compliance does include

averaging of emission rates at the

sources over each control period (May 1

through September 30).

Section 217.708 of the rule specifies

the approach and requirements for

emissions averaging between specific

EGUs within the State of Illinois.

Participation in the inter-source (interEGU) averaging approach is at the

discretion of the source owners or

operators themselves. For purposes of

compliance with the NOX SIP call, the

State of Illinois is establishing a NOX

emissions trading program. Sources

eligible to participate in this program

have been specified in appendix F of

part 217 of the Illinois air pollution

control rule. These sources may

participate in inter-source emissions

averaging under the subpart V rule. The

owner or operator of Soyland Power (an

EGU not listed in appendix F) may also

choose to comply with subpart V

through the inter-source averaging

program for any unit at Soyland Power

that commenced commercial operation

on or before January 1, 2000.

Section 217.708 of subpart V specifies

the equation governing the averaging of

emissions for units participating in the

inter-source averaging program.

Compliance through this emissions

averaging program must be

demonstrated for each EGU by

November 30 following each control

period beginning in 2003. Averaging of

emissions under this rule section must

be authorized through federally

enforceable permit conditions for each

EGU. If inter-source averaging is used to

demonstrate compliance with the

Subpart V requirements, failure to

demonstrate such compliance

collectively by all EGUs involved in the

inter-source averaging shall result in the

subject EGUs each being judged using

the 0.25 pounds NOX per MMBtu of

heat input emission limit averaged for

each EGU over the emission control

period. Only the non-complying EGUs,

individually based on this NOX

emission limit, will be the subject of

subsequent enforcement and other EGUs

involved in the inter-source averaging

shall not be held as responsible for the

compliance failure based on the intersource averaging.

4. What is the Compliance/

Implementation Deadline for the

Affected Sources?

All affected sources are subject to the

requirements of Subpart V on and after

May 1, 2003.

5. What Are the Monitoring,

Recordkeeping, and Reporting

Requirements for Affected Sources?

Section 217.710 of the rule specifies

the monitoring requirements for affected

sources. The owner or operator of an

affected source must install, calibrate,

maintain, and operate continuous

emission monitoring systems for NOX

that meet the requirements of 40 CFR

part 75, subpart B. The owner or

operator of a gas-fired peaking unit or an

oil-fired peaking unit, as defined in 40

CFR 72.2 may determine NOX emissions

in accordance with the emission

estimation protocol of 40 CFR part 75,

subpart E.

Section 217.712 of the rule specifies

the reporting and recordkeeping

Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations 32773

requirements for affected sources. The

owners or operators of affected sources

must comply with the recordkeeping

and reporting requirements of 40 CFR

part 75 applicable to NOX emissions

during the control period.

For sources (owners or operators of

subject EGUs) directly complying with

the requirements of Subpart V (not

complying through inter-source

averaging), a report must be submitted

to the IEPA by November 30 of each

year beginning in 2003 demonstrating

that the NOX emissions from the EGUs

have not exceeded the NOX emission

limit (0.25 pounds NOX per MMBtu of

heat input) during the control period

based on control period emission rate

averages.

For owners or operators of sources

choosing to comply through inter-source

averaging, by November 30 of each year

beginning in 2003, the owners or

operators must submit to the IEPA a

report that demonstrates or specifies:

(1) For all EGUs participating in the

averaging program, the averaged control

period NOX emission rate pursuant to

the emission rate averaging equation in

section 217.708(b) of subpart V;

(2) The control period average NOX

emission rate of each EGU participating

in the averaging program; and

(3) The information required to

determine the average NOX emission

rate pursuant to the emission rate

averaging equation.

All records and supporting data

needed to demonstrate compliance must

be kept and maintained by the owners

or operators of the subject EGUs for five

years. These records and supporting

data must be made available for

inspection or copying upon the request

of the IEPA or the EPA. Requested data

and records must also be supplied to the

IEPA within 30 days of their written

request by the IEPA.

D. What Public Review Opportunities

Have Been Provided by the State for

This Regulation?

The Illinois Pollution Control Board

(IPCB) held public hearings on this rule

on November 28, 2000 and December

19, 2000. A public hearing on this rule

also occurred on February 27, 2001. The

written transcripts of these hearings

were submitted to EPA before the

submittal of the finally adopted rule on

May 8, 2001.

III. EPA Review of the Adopted

Regulation

A. Does the Regulation Adequately

Support the Attainment of the Ozone

Standard in the Metro-East/St. Louis

Ozone Nonattainment Area?

This rule is a critical element in the

State’s plan to attain the ozone standard

in the Metro-East/St. Louis

nonattainment area. As part of the

modeled emissions control strategy

considered in ozone modeling for this

area, Missouri and Illinois included

NOX emission reductions for certain

sources throughout the two States. Full

approval of the ozone attainment

demonstration SIPs (Illinois and

Missouri) for this area are dependent

upon the adoption of regional NOX

emissions control rule sufficient to

achieve attainment of the ozone

standard. (EPA’s first proposed rule for

the ozone attainment demonstrations

was published on April 17, 2000 (65 FR

20404). A supplemental proposed rule

was published on April 3, 2001 (66 FR

17647). These proposals include a

detailed discussion of the role of

regional NOX emission reductions in

attainment of the ozone standard in the

Metro-East/St. Louis area.) The NOX

emission limit established in the NOX

rule for Illinois reviewed here is

consistent with the attainment year EGU

NOX emission rate modeled in the

ozone attainment demonstrations.

B. What Other Criteria Were Considered

to Judge the Approvability of the

Regulation and Does the Regulation

Meet These Criteria?

Besides setting emission limits low

enough to support the ozone

demonstration attainment, the rule must

also meet other criteria before it can be

approved as part of the SIP. To be

approved by the EPA, the rule must also

be permanent and enforceable. To be

enforceable, the rule must: (1) Have a

defined compliance deadline (this

deadline must also require the

implementation of the rule to occur in

sufficient time to provide for the

attainment of the standard by the

attainment deadline); (2) have adequate

record keeping and reporting

requirements sufficient to allow a

determination of compliance; (3) specify

appropriate compliance methods; and

(4) provide for or not circumvent EPA

enforcement of the rule.

EPA’s review of the State rule

addressed in the April 3, 2001 (64 FR

17642) proposed rule and this final rule

shows that the Illinois rule meets these

criteria. The compliance requirements

(albeit not the specific emission control

systems) are specified in the rule. The

compliance date is specified and is

compatible with the standard

attainment date specified in the State’s

ozone attainment demonstration. The

record keeping and reporting

requirements are specified and are

acceptable. The EPA is not prevented

from enforcing the rule. In fact, the

emission trading portion of the rule

specifically requires federally

enforceable permits for the sources

involved in the trading. Finally, the rule

is permanent. Although the rule will

eventually be supplemented by the

requirements of the State’s NOX SIP

under EPA’s NOX SIP call, the 0.25

pounds NOX/MMBtu rule will remain in

place, assuring the permanence of the

rule.

C. Is the Regulation Approvable?

Based on all factors considered above,

it is concluded that this regulation is

approvable.

IV. Proposed Action Published on April

3, 2001 (64 FR 17641)

What action did EPA propose to take on

the State submittal in the April 3, 2001

proposed rule?

The EPA proposed to approve,

through parallel processing, a draft

statewide rule to control the emissions

of NOX from EGUs in support of the

ozone attainment demonstration for the

Metro-East/St. Louis ozone

nonattainment area.

V. Response to Public Comments

Received and Final Rulemaking Action

A. Public Comments Received on the

Proposed Rule

Two public comments were received

in response to EPA’s April 3, 2001 (64

FR 17641) proposed rule. One was from

the State of Illinois, the second from the

electric utility providing electricity in

the St. Louis area. Both commentors

supported EPA’s proposed approval and

discussed how stakeholders had worked

to improve air quality in the St. Louis

area.

B. Final Rulemaking Action

In consideration of the public

comments received on the proposed

rule and the fact that the finally adopted

State rule was not changed during final

adoption in some way that would make

it unacceptable to EPA, EPA approves

the incorporation of the Illinois rule to

control oxides of nitrogen from electric

generating units into the Illinois SIP.

The specific rule being approved is Title

35: Environmental Protection; Subtitle

B: Air Pollution; Chapter I: Pollution

Control Board; Subchapter C: Emission

Standards and Limitations for

32774 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations

Stationary Sources; Part 217 Nitrogen

Oxides Emissions; Subpart V: Electric

Power Generation; Adopted at 25 Ill.

Reg. 5914, effective April 17, 2001.

VI. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this proposed

action is not a ‘‘significant regulatory

action’’ and therefore is not subject to

review by the Office of Management and

Budget. This proposed action merely

proposes to approve state law as

meeting federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this proposed rule will not have a

significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). Because this rule

proposes to approve pre-existing

requirements under state law and does

not impose any additional enforceable

duty beyond that required by state law,

it does not contain any unfunded

mandate or significantly or uniquely

affect small governments, as described

in the Unfunded Mandates Reform Act

of 1995 (Public Law 104–4). This

proposed rule also does not have a

substantial direct effect on one or more

Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000), nor

will it have substantial direct effects on

the States, on the relationship between

the national government and the States,

or on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

proposes to approve a state rule

implementing a federal standard, and

does not alter the relationship or the

distribution of power and

responsibilities established in the Clean

Air Act. This proposed rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this proposed rule, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct. EPA

has complied with Executive Order

12630 (53 FR 8859, March 15, 1988) by

examining the takings implications of

the rule in accordance with the

‘‘Attorney General’s Supplemental

Guidelines for the Evaluation of Risk

and Avoidance of Unanticipated

Takings’ issued under the executive

order. This rule does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Nitrogen oxides, Ozone.

Dated: June 8, 2001.

David A. Ullrich,

Acting Regional Administrator, Region 5.

For the reasons stated in the

preamble, Part 52, Chapter I, title 40 of

the Code of Federal Regulations is

amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

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

Subpart O—Illinois

2. Section 52.720 is amended by

adding paragraph (c)(156) to read as

follows:

§ 52.720 Identification of plan.

* * * * *

(c) * * *

(156) On May 8, 2001, the State

submitted rules to control Oxides of

Nitrogen emissions from electric

generating units.

(i) Incorporation by reference. Title

35: Environmental Protection; Subtitle

B: Air Pollution; Chapter I: Pollution

Control Board; Subchapter C: Emission

Standards and Limitations for

Stationary Sources; Part 217 Nitrogen

Oxides Emissions; Subpart V: Electric

Power Generation. Adopted at 25 Ill.

Reg. 5914, effective April 17, 2001.

[FR Doc. 01–15285 Filed 6–15–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 136

[FRL–6998–5]

Guidelines Establishing Test

Procedures for the Measurement of

Mercury in Water (EPA Method 1631,

Revision C); Final Rule, Technical

Corrections

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical corrections.

SUMMARY: EPA is amending the

‘‘Guidelines Establishing Test

Procedures for the Analysis of

Pollutants’’ to make minor technical

corrections to clarify the use of field

blanks for mercury testing under the

Clean Water Act. Specifically, the

amendments rectify an omission in the

text of the promulgated version of

Method 1631: Mercury in Water by

Oxidation, Purge and Trap and Cold

Vapor Atomic Fluorescence

Spectrometry.

DATES: These technical corrections are

effective July 18, 2001. The

incorporation by reference of the

publication listed in today’s rule is

approved by the Director of the Federal

Register as of July 18, 2001. For judicial

review purposes, this rule is

promulgated as of 1:00 p.m. (Eastern

time) on July 2, 2001, as provided in 40

CFR 23.2.

FOR FURTHER INFORMATION CONTACT: For

information regarding this rule contact

Dr. Maria Gomez-Taylor, Engineering

and Analysis Division (4303), USEPA

Office of Science and Technology, Ariel

Rios Bldg., 1200 Pennsylvania Ave.,

NW., Washington, DC 20460 (e-mail:

Gomez-Taylor.Maria@epa.gov).

SUPPLEMENTARY INFORMATION:

Potentially Regulated Entities

EPA Regions, as well as States,

Territories and Tribes authorized to

implement the National Pollutant

Discharge Elimination System (NPDES)

program, issue permits that comply with

the technology-based and water qualitybased requirements of the Clean Water

Act. In doing so, the NPDES permitting

authority, including authorized States,

Territories, and Tribes, make a number

of discretionary choices associated with

permit writing, including the selection

of pollutants to be measured and, in

many cases, limited in permits. If EPA

has ‘‘approved’’ standardized testing

procedures (i.e., promulgated through

rulemaking) for a given pollutant, the

NPDES permit must include one of the