[Federal Register Volume 77, Number 245 (Thursday, December 20, 2012)]
[Rules and Regulations]
[Pages 75383-75384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30533]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0805; EPA-HQ-OAR-2009-0491; FRL-9763-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Infrastructure SIP Requirements for the 2006 PM2.5 
NAAQS; Revisions to FIPs To Reduce Interstate Transport of 
PM2.5 and Ozone; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects errors in the codification of final 
rules published on July 13, 2011, August 8, 2011, February 21, 2012, 
and October 29, 2012. The July 13, 2011, and October 29, 2012, actions 
pertain to State Implementation Plan (SIP) submissions by Illinois 
regarding the infrastructure requirements of the Clean Air Act (CAA) 
for the 1997 eight-hour ground level ozone national ambient air quality 
standards (NAAQS), the 1997 fine particle (PM2.5) NAAQS, and 
the 2006 24-hour PM2.5 NAAQS. The August 8, 2011, and 
February 21, 2012, actions pertain to Federal Implementation Plans 
(FIPs) to reduce interstate transport of PM2.5 and ozone.

DATES: This correcting amendment is effective on December 20, 2012.

FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 
Chicago, Illinois 60604, (312) 353-8328, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: On August 8, 2011, (76 FR 48208), EPA 
published FIPs to reduce interstate transport of PM2.5 and 
ozone. It codified the regulation, ``Interstate pollutant transport 
provisions; What are the FIP requirements for decreases in emissions of 
nitrogen oxides?'', at 40 CFR 52.745. In so doing, EPA had not realized 
that this section had already been reserved by a previous rulemaking 
action, titled ``Section 110(a)(2) Infrastructure Requirements,'' and 
created on July 13, 2011, (76 FR 41075). EPA attempted to correct this 
error on February 21, 2012, (77 FR 10324). What resulted, however, is 
that the interstate pollutant transport provision disappeared entirely.
    We are now correcting this error by codifying the provision titled 
``Section 110(a)(2) Infrastructure Requirements'' at 40 CFR 52.745; and 
codifying the provision titled ``Interstate pollutant transport 
provisions; What are the FIP requirements for decreases in emissions of 
nitrogen oxides?'' at 40 CFR 52.731. As a result of this correction, 
the rulemaking action published on October 29, 2012, (77 FR 65478) is 
now codified at 40 CFR 52.745.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making this rule final without prior proposal 
and opportunity for comment because we are merely correcting an 
incorrect citation in a previous action. Thus, notice and public 
procedure are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), 
this action is not a ``significant regulatory action'' and is therefore 
not subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). Because 
the agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedures Act or any other statute as indicated in the Supplementary 
Information section above, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601 
et seq), or to sections 202 and 205 of the Unfunded Mandates Reform Act 
of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA. This rule also does not have a

[[Page 75384]]

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 governments, as specified 
by Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also 
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    This correction action does not involve technical standards; 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. The rule 
also does not involve special consideration of environmental justice 
related issues as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994). In issuing this 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, as 
required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 
1996). EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1998) 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 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 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA had made such a good cause finding, including 
the reasons therefore, and established an effective date of December 
20, 2012. EPA will submit a report containing this rule 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. This correction to 
40 CFR 52 for Illinois is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: December 10, 2012.
Susan Hedman,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, part 52, title 40, chapter 
I of the Code of the Federal Regulations is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


Sec.  52.731  [Redesignated as Sec.  52.745]

0
2. Redesignate Sec.  52.731 as Sec.  52.745.

0
3. A new Sec.  52.731 is added to read as follows:


Sec.  52.731  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source and each unit located 
in the State of Illinois and for which requirements are set forth under 
the TR NOX Annual Trading Program in subpart AAAAA of part 
97 of this chapter must comply with such requirements. The obligation 
to comply with such requirements will be eliminated by the promulgation 
of an approval by the Administrator of a revision to Illinois' State 
Implementation Plan (SIP) as correcting the SIP's deficiency that is 
the basis for the TR Federal Implementation Plan under Sec.  52.38(a), 
except to the extent the Administrator's approval is partial or 
conditional.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this 
section, if, at the time of the approval of Illinois' SIP revision 
described in paragraph (a)(1) of this section, the Administrator has 
already started recording any allocations of TR NOX Annual 
allowances under subpart AAAAA of part 97 of this chapter to units in 
the State for a control period in any year, the provisions of subpart 
AAAAA of part 97 of this chapter authorizing the Administrator to 
complete the allocation and recordation of TR NOX Annual 
allowances to units in the State for each such control period shall 
continue to apply, unless provided otherwise by such approval of the 
State's SIP revision. (b)(1) The owner and operator of each source and 
each unit located in the State of Illinois and for which requirements 
are set forth under the TR NOX Ozone Season Trading Program 
in subpart BBBBB of part 97 of this chapter must comply with such 
requirements. The obligation to comply with such requirements will be 
eliminated by the promulgation of an approval by the Administrator of a 
revision to Illinois' State Implementation Plan (SIP) as correcting the 
SIP's deficiency that is the basis for the TR Federal Implementation 
Plan under Sec.  52.38(b), except to the extent the Administrator's 
approval is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this 
section, if, at the time of the approval of Illinois' SIP revision 
described in paragraph (b)(1) of this section, the Administrator has 
already started recording any allocations of TR NOX Ozone 
Season allowances under subpart BBBBB of part 97 of this chapter to 
units in the State for a control period in any year, the provisions of 
subpart BBBBB of part 97 of this chapter authorizing the Administrator 
to complete the allocation and recordation of TR NOX Ozone 
Season allowances to units in the State for each such control period 
shall continue to apply, unless provided otherwise by such approval of 
the State's SIP revision.

[FR Doc. 2012-30533 Filed 12-19-12; 8:45 am]
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