[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Rules and Regulations]
[Pages 12088-12089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5110]



[[Page 12087]]

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Part III





Environmental Protection Agency





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40 CFR Parts 52 and 81



Determination of Attainment, Approval and Promulgation of Air Quality 
Implementation and Planning; Indiana; Final Rule and Proposed Rule

  Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Rules 
and Regulations  

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0512; FRL-9125-6]


Determination of Attainment, Approval and Promulgation of Air 
Quality Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking several related actions under the Clean Air Act 
(CAA) affecting the Indiana portion (Lake and Porter Counties) of the 
Chicago-Gary-Lake County, Illinois-Indiana (IL-IN) 1997 eight-hour 
ozone nonattainment area. First, EPA is making a determination that 
this area has attained the 1997 eight-hour ozone National Ambient Air 
Quality Standard (NAAQS). In addition, EPA is approving a request from 
the State of Indiana to exempt sources of Nitrogen Oxides 
(NOX) in Lake and Porter Counties from CAA Reasonably 
Available Control Technology (RACT) requirements.

DATES: This final rule is effective on April 12, 2010.

ADDRESSES: EPA has established a docket for this action: Docket ID No. 
EPA-R05-OAR-2009-0512. All documents in the docket are listed on the 
http://www.regulation.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 in http://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 Edward Doty, 
Environmental Scientist, at (312) 886-6057 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6057, [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:

Table of Contents

I. What is the Background for this Rule?
II. What Comments did We Receive on the Proposed Rules and on the 
Related Interim Final Rule?
III. What Action is EPA Taking?
IV. Statutory and Executive Order Reviews

I. What is the Background for This Rule?

    On September 24, 2009, EPA proposed to make a determination that 
the Chicago-Gary-Lake County, IL-IN ozone nonattainment area has 
attained the 1997 eight-hour ozone NAAQS. That determination was based 
on complete quality-assured ambient air quality monitoring data for the 
period of 2006-2008. Additional background on the applicable NAAQS and 
EPA's data are contained in that proposed rule (74 FR 48704-48706) In 
the same action, EPA proposed to approve Indiana's NOx RACT waiver 
request under section 182(f) of the CAA, based on the proposed 
determination of attainment.
    In addition, also on September 24, 2009 (74 FR 48662), EPA 
published a rule in which it made an interim final determination that, 
with respect to the NOx RACT requirement, the State had corrected a 
deficiency which had been the basis for a sanctions clock. This 
determination was contingent upon continued monitored attainment of the 
1997 eight-hour ozone NAAQS. As discussed in a proposed rule addressing 
an Indiana ozone redesignation request for Lake and Porter Counties, 
also published in today's Federal Register, the Chicago-Gary-Lake 
County, IL-IN area has continued to attain the 1997 eight-hour ozone 
NAAQS through 2009.

II. What Comments did We Receive on the Proposed Rules and on the 
Related Interim Final Rule?

    The comment periods for the proposed rules and the interim final 
rule closed on October 26, 2009. We did not receive any comments.

III. What Action is EPA Taking?

    Based on three current years of quality-assured ozone data, EPA 
determines that the Chicago-Gary-Lake County, IL-IN ozone nonattainment 
area is attaining the 1997 eight-hour ozone NAAQS. EPA is also 
approving Indiana's request for a NOx waiver from the CAA requirements 
for RACT rules in Lake and Porter Counties. This waiver will continue 
as long as the Chicago-Gary-Lake County, IL-IN area continues to 
monitor attainment of the 1997 eight-hour ozone standard. If Lake and 
Porter Counties are subsequently redesignated to attainment of the 1997 
eight-hour ozone standard, as requested by the State, this waiver will 
become permanent.

IV. 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 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 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).

[[Page 12089]]

    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 11, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Volatile organic compounds.

    Dated: February 25, 2010.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.

0
40 CFR part 52 is amended as follows:

PART 55--[AMENDED]

0
1. The authority citation for 40 CFR part 52 continues to read as 
follows:

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

Subpart P--Indiana

0
2. Section 52.777 is amended by adding paragraphs (ll) and (mm) to read 
as follows:


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

* * * * *
    (ll) Lake/Porter Co 8-hr Ozone NOX Waiver--On June 5, 
2009, the Indiana Department of Environmental Management (IDEM) 
requested that EPA grant a waiver from the Clean Air Act requirement 
for Nitrogen Oxides (NOX) Reasonably Available Control 
Technology (RACT) in Lake and Porter Counties. After review of this 
submission, EPA approves and grants this NOX RACT waiver to 
Lake and Porter Counties.
    (mm) Lake/Porter Co 8-hr Ozone Finding of Attainment--On June 5, 
2009, the Indiana Department of Environmental Management (IDEM) 
requested that EPA find that the Indiana portion of the Chicago-Gary-
Lake County, Illinois-Indiana (IL-IN) ozone nonattainment area has 
attained the 1997 8-hour ozone National Ambient Air Quality Standard 
(NAAQS). After review of this submission and 2006-2008 ozone air 
quality data for this ozone nonattainment area, EPA finds that Lake and 
Porter Counties and the entire Chicago-Gary-Lake County, IL-IN area 
have attained the 1997 8-hour ozone NAAQS.
[FR Doc. 2010-5110 Filed 3-11-10; 8:45 am]
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