[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Rules and Regulations]
[Pages 79652-79653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30812]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-1044, EPA-R05-OAR-2007-1133; FRL-8757-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois and Indiana; Finding of Attainment for 1-Hour Ozone for the 
Chicago-Gary-Lake County, IL-IN Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a January 30, 2007, request from the Illinois 
Environmental Protection Agency (IEPA) that EPA find that the Illinois 
portion of the Chicago-Gary-Lake County, Illinois-Indiana (IL-IN) 
nonattainment area, has attained the revoked 1-hour ozone National 
Ambient Air Quality Standard (NAAQS). EPA is also approving an October 
25, 2007, request from the Indiana Department of Environmental 
Management (IDEM) that EPA find that the Indiana portion of the 
Chicago-Gary-Lake County, IL-IN nonattainment area, has attained the 
revoked 1-hour ozone NAAQS. EPA proposed to approve both requests on 
July 7, 2008. We received three comments on our proposed rulemaking, 
which are addressed below.

DATES: This final rule is effective on January 29, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Nos. EPA-R05-OAR-2007-1004 and EPA-R05-OAR-2077-1133. All documents in 
the docket are listed on the www.regulations.gov Web site. 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 electronically through 
www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Gilberto Alvarez, Environmental 
Scientist, at (312) 886-6143 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Gilberto Alvarez, Environmental 
Scientist, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6143, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What Did EPA Propose?

II. What Comments Did We Receive on the Proposed Action?

III. What Action Is EPA Taking?

IV. Statutory and Executive Order Reviews

I. What Did EPA Propose?

    On January 30, 2007, IEPA requested that EPA find that the Illinois 
portion of the Chicago-Gary-Lake County, IL-IN nonattainment area, had 
attained the revoked 1-hour ozone NAAQS. On October 25, 2007, IDEM 
requested that EPA find that the Indiana portion of Chicago-Gary-Lake 
County, IL-IN nonattainment area, had attained the revoked 1-hour ozone 
NAAQS. On July 7, 2008, EPA proposed to approve the requests (73 FR 
38353).

II. What Comments Did We Receive on the Proposed Action?

    EPA received three comment letters in response to the proposed 
rulemaking.
    Comment: The Indiana Steel Environmental Group submitted comments 
in support of our proposed action. It also stated its understanding 
that this action means that Lake and Porter Counties will not be 
subject to the requirement to implement contingency measures for 
failure to attain the ambient standard.
    Response: EPA agrees with the commenter. A finding of attainment 
eliminates the requirement for a maintenance plan and contingency 
measures under Sections 107(d)(3) and 175A(d) of the Clean Air Act. 
Such measures would be required, however, in order for the area to be 
redesignated to attainment.
    Comment: While IDEM was generally supportive of the proposal, it 
expressed disappointment that EPA did not address certain New Source 
Review issues in our action.
    Response: EPA intends to address these issues in a separate Agency 
rulemaking which is currently under development.
    Comment: Dominion Resources Services, Inc. requested that EPA 
reiterate that these attainment areas are not subject to fees under 
Section 185 of the Act, and would not be subject to such fees even if 
the areas were to lapse into nonattainment.
    Response: EPA confirms that this action relieves Illinois and 
Indiana from having to develop a Section 185 rule for the subject 
areas, although the States are free to do so if they choose.

III. What Action Is EPA Taking?

    EPA is approving a January 30, 2007, request from IEPA that EPA 
find that the Illinois portion of the Chicago-Gary-Lake County, IL-IN 
nonattainment area, attained the revoked 1-hour ozone NAAQS. EPA is 
also approving an October 25, 2007, request from IDEM that EPA find 
that Indiana portion of the Chicago-Gary-Lake County, IL-IN 
nonattainment area, attained the revoked 1-hour ozone NAAQS.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable

[[Page 79653]]

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 Clean Air Act. 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 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 March 2, 2009. 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, Intergovernmental 
relations, Ozone.

    Dated: December 17, 2008.
Lynn Buhl,
Regional Administrator, Region 5.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart O--Illinois

0
2. Section 52.726 is amended by adding paragraph (gg) to read as 
follows:


Sec.  52.726  Control strategy: Ozone.

* * * * *
    (gg) Approval--On January 30, 2007, the Illinois Environmental 
Protection Agency (IEPA) requested that EPA find that the Illinois 
portion of the Chicago-Gary-Lake County, Illinois-Indiana (IL-IN) 
nonattainment area, attained the revoked 1-hour ozone National Ambient 
Air Quality Standard (NAAQS). After review of this submission, EPA 
approves this finding.

Subpart P--Indiana

0
3. Section 52.777 is amended by adding paragraph (kk) to read as 
follows:


Sec.  52.777  Control strategy: Photochemical oxidants (hydrocarbons).

* * * * *
    (kk) Approval--On October 25, 2007, the Indiana Department of 
Environmental Management (IDEM) requested that EPA find that the 
Indiana portion of the Chicago-Gary-Lake County, IL-IN nonattainment 
area, has attained the revoked 1-hour ozone NAAQS. After review of this 
submission, EPA approves this finding.

 [FR Doc. E8-30812 Filed 12-29-08; 8:45 am]
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