[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Rules and Regulations]
[Pages 9655-9656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3612]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0671; FRL-9267-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a July 29, 2010, request from the State of 
Illinois to exempt sources of Oxides of Nitrogen (NOX) in 
the Illinois portions of the Chicago-Gary-Lake County, Illinois-Indiana 
and St. Louis, Missouri-Illinois 8-hour ozone nonattainment areas from 
Clean Air Act (CAA) requirements for NOX Reasonably 
Available Control Technology (RACT) for purposes of attaining the 1997 
8-hour ozone National Ambient Air Quality Standard (NAAQS or standard). 
This NOX RACT waiver is based on the most recent three years 
of complete, quality assured ozone monitoring data, which show 
attainment of the 1997 8-hour ozone standard in the subject 
nonattainment areas and demonstrate that additional reduction of 
NOX emissions in these areas would not contribute to 
attainment of the 1997 8-hour ozone NAAQS.

DATES: This final rule is effective March 24, 2011.

ADDRESSES: EPA has established a docket for this action: Docket ID No. 
EPA-R05-OAR-2010-0671. All documents in the docket are listed on the 
http://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 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, 
Attainment Planning and Maintenance 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:

I. What is the background for this rule?
II. What comments did we receive on the proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this rule?

    On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone 
standard of 0.08 parts per million parts of air (ppm). EPA published a 
final rule designating and classifying areas under the 1997 8-hour 
ozone standard on April 30, 2004 (69 FR 23857). In that rulemaking, the 
Chicago-Gary-Lake County, Illinois-Indiana (IL-IN) and St. Louis, 
Missouri-Illinois (MO-IL) areas were designated as nonattainment for 
the 1997 8-hour ozone standard. The designations became effective on 
June 15, 2004.
    Since the Illinois ozone nonattainment areas were classified as 
moderate nonattainment for ozone under subpart 2 of the CAA in the 
April 30, 2004, designation rulemaking, they became subject to the 
Oxides of Nitrogen (NOX) emission control requirements of 
section 182(f) of the CAA. Section 182(f) requires States with areas 
classified as moderate nonattainment and above to adopt and implement 
the same level of NOX emission controls for major stationary 
sources as are required for major stationary sources of Volatile 
Organic Compounds (VOC). Major stationary VOC sources are subject to 
RACT requirements. Therefore, major NOX sources are also 
subject to RACT requirements. Section 182(f) also provides that these 
NOX emission control requirements do not apply to an area 
(outside of a designated ozone transport region) if EPA determines that 
additional reductions of NOX emissions would not contribute 
to attainment of the ozone standard. In areas where the ozone standard 
is attained, as demonstrated by complete, quality-assured air quality 
data, without the implementation of the additional section 182(f) 
NOX emission controls, it is clear that additional 
NOX emission controls required by section 182(f) would not 
contribute to attainment of the ozone standard since the standard has 
already been attained.
    On July 29, 2010, the Illinois Environmental Protection Agency 
(Illinois EPA) submitted a request for a waiver of the NOX 
RACT requirements that would apply under section 182(f) of the CAA to 
the Illinois portions of the Chicago-Gary-Lake County, IL-IN and St. 
Louis, MO-IL ozone nonattainment areas.\1\ Although Illinois has 
adopted NOX RACT rules for the ozone nonattainment areas, 
the 1997 8-hour ozone standard has been attained in the two ozone 
nonattainment area prior to the implementation of Illinois' 
NOX RACT rules.
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    \1\ The Illinois portion of the Chicago-Gary-Lake County, IL-IN 
8-hour ozone nonattainment area includes Cook, DuPage, Kane, Lake, 
McHenry, and Will Counties, and portions of Grundy (Aux Sable and 
Goose Lake Townships) and Kendall (Oswego Township) Counties. The 
Illinois portion of the St. Louis, MO-IL 8-hour ozone nonattainment 
area includes Jersey, Madison, Monroe, and St. Clair Counties. These 
nonattainment areas are not part of a designated ozone transport 
region. See section 184(a) of the CAA.
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    On December 8, 2010 (75 FR 76332), EPA published a proposed rule 
reviewing Illinois' NOX control waiver request and proposing 
to grant this waiver under section 182(f) of the CAA. This proposed 
rule provides a detailed discussion of Illinois' requested 
NOX RACT waiver and the ozone air quality data supporting 
the granting of this waiver.

II. What comments did we receive on the proposed rule?

    EPA received no comments on the December 8, 2010, proposed rule.

III. What action is EPA taking?

    The 2007-2009 ozone data for the Chicago-Gary-Lake County, IL-IN 
and St. Louis, MO-IL 8-hour ozone nonattainment areas show attainment 
of the 1997 8-hour ozone standard. Based on this conclusion, we are 
approving Illinois' request for a waiver from the NOX RACT 
requirements of the CAA in the Illinois portions of the Chicago-Gary-
Lake County, IL-IN and St. Louis, MO-IL 8-hour ozone nonattainment 
areas.

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

[[Page 9656]]

Federal requirements and does not impose additional requirements beyond 
those imposed by State law and the CAA. For that reason, this action:
     Is not ``significant regulatory actions'' 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).
    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 April 25, 2011. 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 oxides, Ozone, 
Volatile organic compounds.

    Dated: February 9, 2011.
Susan Hedman,
Regional Administrator, Region 5.

    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 (ii) to read as 
follows:


Sec.  52.726  Control strategy: Ozone.

* * * * *
    (ii) Approval. EPA is approving a July 29, 2010, request from the 
State of Illinois for a waiver from the Clean Air Act requirement for 
Oxides of Nitrogen (NOx) Reasonably Available Control Technology (RACT) 
in the Illinois portions of the Chicago-Gary-Lake County, Illinois-
Indiana (Cook, DuPage, Kane, Lake, McHenry, and Will Counties, and 
portions of Grundy (Aux Sable and Goose Lake Townships) and Kendall 
(Oswego Township) Counties in Illinois) and St. Louis, Missouri-
Illinois (Jersey, Madison, Monroe, and St. Clair Counties in Illinois) 
1997 8-hour ozone nonattainment areas.

[FR Doc. 2011-3612 Filed 2-18-11; 8:45 am]
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