[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Proposed Rules]
[Pages 36692-36696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15287]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2012-0989; FRL-9912-88-Region 5]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Indiana; Redesignation of 
Lake and Porter Counties to Attainment of the 2008 Eight-Hour Ozone 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to 
disapprove a December 5, 2012, request from the state of Indiana to 
redesignate Lake and Porter Counties to attainment of the 2008 eight-
hour ozone National Ambient Air Quality Standard (NAAQS or standard) 
because Indiana has not demonstrated that the Chicago-Naperville, 
Illinois-Indiana-Wisconsin (IL-IN-WI) ozone nonattainment area (Chicago 
nonattainment area), which includes Lake and Porter Counties, has 
attained this NAAQS. EPA proposes to take no action on Indiana's ozone 
maintenance plan and Motor Vehicle Emission Budgets (MVEBs), submitted 
with Indiana's ozone redesignation request, since approval of these 
State Implementation Plan (SIP) components is contingent on the 
attainment of the ozone standard.

DATES: Comments must be received on or before July 30, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-RO5-
OAR-2012-0989, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: [email protected].
     Fax: (312) 692-2551.
     Mail: John Mooney, Chief, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
     Hand Delivery: John Mooney, Air Programs Branch, (AR-18J), 
U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 18th 
Floor, Chicago, Illinois 60604. Such deliveries are only accepted 
during the Regional Office's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information. The 
Regional Office official hours of business are Monday through Friday, 
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0989. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects and viruses. For additional 
instructions on submitting comments, go to section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute.

[[Page 36693]]

Certain other material, such as copyrighted material, will be publicly 
available only in hard copy. Publicly available docket materials are 
available either electronically in www.regulations.gov or in hard copy 
at the U.S. 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 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), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6057, or 
[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 should I consider as I prepare my comments for EPA?
II. What actions is EPA proposing?
III. What is the background for these actions?
IV. What are the criteria for redesignation to attainment?
V. What is EPA's analysis of the State's request?
VI. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or to organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified in the proposed rule.

II. What actions is EPA proposing?

    EPA is proposing to disapprove Indiana's December 5, 2012, ozone 
redesignation request for Lake and Porter Counties for the 2008 eight-
hour ozone NAAQS because the Chicago nonattainment area continues to 
violate this standard based on the most recent three years (2011-2013) 
of quality assured, state-certified monitoring data for this ozone 
nonattainment area. Because this area continues to violate the 2008 
ozone NAAQS, we cannot approve the ozone maintenance plan and MVEBs 
included in Indiana's December 5, 2012, submittal. We are proposing to 
take no action on the maintenance plan and MVEBs at this time.

III. What is the background for these actions?

    EPA has determined that ground-level ozone (O3) is 
detrimental to human health. On March 27, 2008 (73 FR 16436), EPA 
promulgated an eight-hour ozone NAAQS of 0.075 parts per million parts 
of air (0.075 ppm) (the 2008 eight-hour ozone NAAQS or standard). This 
standard is violated in an area when any monitor in the area records 
eight-hour ozone concentrations with a three-year average of the annual 
fourth-highest daily maximum eight-hour ozone concentrations that 
equals or exceeds 0.076 ppm.
    Ground-level ozone is generally not emitted directly by sources. 
Rather, emitted Oxides of Nitrogen (NOX) and Volatile 
Organic Compounds (VOC) react in the presence of sunlight, particularly 
under warm conditions, to form ground-level ozone, as a secondary 
pollutant, along with other secondary compounds. NOX and VOC 
are ``ozone precursors.'' Reduction of peak ground-level ozone 
concentrations is achieved through controlling VOC and NOX 
emissions.
    Section 107 of the Clean Air Act (CAA) required EPA to designate as 
nonattainment any area that violated the 2008 eight-hour ozone 
standard. EPA promulgated designations and classifications for this 
standard for most areas on May 21, 2012 (77 FR 30088). However, in that 
rulemaking (77 FR 30091), EPA noted that the designation of the Chicago 
area was being delayed, pending review of 2011 ozone data certified by 
the state of Illinois in a December 7, 2011, letter. On June 11, 2012 
(77 FR 34221), EPA promulgated the designation of the Chicago area as 
nonattainment for the 2008 eight-hour ozone standard with a 
classification of marginal nonattainment based on the review of 2009-
2011 ozone data from Illinois and 2008-2010 data from Indiana and 
Wisconsin.\1\ This review showed a violation of the standard at the 
Zion, Illinois monitoring site. The Chicago nonattainment area includes 
Cook, DuPage, Kane, Lake, McHenry and Will Counties, Aux Sable and 
Goose Lake Townships in Grundy County, and Oswego Township in Kendall 
County in Illinois, Lake and Porter Counties in Indiana, and the area 
east of and including the corridor of Interstate 94 in Kenosha County, 
Wisconsin.
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    \1\ The states of Indiana and Wisconsin failed to certify 2011 
ozone data by a February 29, 2012, deadline imposed by the EPA in 
December 9, 2011, letters to state governors notifying the states of 
EPA's preliminary responses to state-recommended area designations 
for the 2008 eight-hour ozone standard. The letters to the governors 
of Illinois, Indiana, and Wisconsin informed these states of EPA's 
intention to designate the Chicago area as nonattainment based on 
the monitored 2009-2011 ozone standard violation at the Zion, 
Illinois monitoring site.
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IV. What are the criteria for redesignation to attainment?

    The CAA provides the basic requirements for redesignating a 
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of 
the CAA authorizes redesignation provided that: (1) The Administrator 
determines that the area has attained the applicable NAAQS based on 
current air quality data; (2) the Administrator has fully approved an 
applicable state implementation plan for the area under section 110(k) 
of the CAA; (3) the Administrator determines that the improvement in 
air quality is due to permanent and enforceable emission reductions 
resulting from implementation of the applicable SIP, Federal air 
pollution control regulations, and other permanent and enforceable 
emission reductions; (4) the Administrator has fully approved a 
maintenance plan for the area meeting the requirements of section 175A 
of the CAA; and, (5) the state has met all requirements applicable to 
the area under section 110 and part D of the CAA.
    EPA provided guidance on redesignations in the General Preamble for 
the Implementation of Title I of the CAA Amendments of 1990 on April 
16, 1992 (57 FR 13498), and supplemented this guidance on April 28, 
1992 (57 FR 18070).
    Two significant policy documents affecting the review of ozone 
redesignation requests are the following: (1) ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,''

[[Page 36694]]

Memorandum from John Calcagni, Director, Air Quality Management 
Division, September 4, 1992 (the September 4, 1992 Calcagni 
memorandum); and, (2) ``Reasonable Further Progress, Attainment 
Demonstration, and Related Requirements for Ozone Nonattainment Areas 
Meeting the Ozone National Ambient Air Quality Standard,'' Memorandum 
from John S. Seitz, Director, Office of Air Quality Planning and 
Standards, May 10, 1995 (the May 10, 1995 Clean Data Policy 
memorandum). Additional guidance on processing redesignation requests 
is included in the following documents:
     ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
     ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
     ``State Implementation Plan (SIP) Actions Submitted in 
Response to Clean Air Act (Act) Deadlines,'' Memorandum from John 
Calcagni, Director, Air Quality Management Division, October 28, 1992;
     ``Technical Support Documents (TSDs) for Redesignation of 
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from 
G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 
1993;
     ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On 
or After November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993;
     ``Use of Actual Emissions in Maintenance Demonstrations 
for Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, 
Acting Director, Air Quality Management Division, November 30, 1993; 
and
     ``Part D New Source Review (Part D NSR) Requirements for 
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994.

V. What is EPA's analysis of the State's request?

    EPA is proposing to disapprove Indiana's ozone redesignation 
request for Lake and Porter Counties with a determination that the 
Chicago nonattainment area continues to violate the 2008 eight-hour 
ozone standard based on quality assured, state-certified ozone data for 
2010-2013. Indiana's ozone redesignation request fails to meet the 
critical air quality requirement of section 107(d)(3)(E)(1) of the CAA. 
The basis for EPA's proposed disapproval of the redesignation request 
is discussed in more detail as follows.

A. Has the Chicago area attained the 2008 eight-hour ozone NAAQS?

    An area may be considered to attain the 2008 eight-hour ozone NAAQS 
if there are no violations of the NAAQS, as determined in accordance 
with 40 CFR 50.10 and appendix P, based on the most recent three 
consecutive years of complete, quality-assured air quality monitoring 
data at all ozone monitoring sites in the area. To attain this 
standard, the average of the annual fourth-high daily maximum eight-
hour averaged ozone concentrations measured and recorded at each 
monitoring site in the area over the most recent three-year period (the 
monitoring site's ozone design value) must not exceed 0.075 ppm. The 
data must be collected and quality-assured in accordance with 40 CFR 
part 58, and must be recorded in EPA's Air Quality System (AQS). The 
ozone monitoring data considered here meet these certification 
criteria. All ozone monitoring data considered here have been certified 
by the states of Illinois, Indiana, and Wisconsin.
    As part of the December 5, 2012, ozone redesignation request, the 
Indiana Department of Environmental Management (IDEM) summarized the 
annual fourth-high daily maximum eight-hour ozone concentrations and 
three-year eight-hour ozone design values for the period of 2006-2011 
for all ozone monitoring sites in the Chicago nonattainment area.
    Since the December 5, 2012, submittal of Indiana's ozone 
redesignation request, 2012 and 2013 ozone data have been quality-
assured and certified by the states of Illinois, Indiana, and Wisconsin 
and entered into AQS. These data, along with the ozone data summarized 
in Indiana's ozone redesignation request, must be considered in the 
review of Indiana's ozone redesignation request.
    Table 1 summarizes the monitoring site-specific annual fourth-high 
daily maximum eight-hour ozone concentrations for all monitoring sites 
in the Chicago-Naperville, IL-IN-WI area for the period of 2006-2013. 
Note that the 2012 and 2013 ozone data were obtained from EPA's AQS, 
whereas the 2006-2011 ozone data were documented in Indiana's ozone 
redesignation request and are confirmed by ozone monitoring data 
contained in AQS.

  Table 1--Annual Fourth-High Daily Maximum Eight-Hour Ozone Concentrations for Monitoring Sites in the Chicago-Naperville, Illinois-Indiana-Wisconsin
                                                                Ozone Nonattainment Area
                                                                          [ppm]
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                Site/site No.                                County                 2006     2007     2008     2009     2010     2011     2012     2013
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Indiana:
    Gary 180890022...........................  Lake.............................    0.073    0.085    0.062    0.058    0.064    0.066    0.078    0.064
    Hammond 180892008........................  Lake.............................    0.075    0.077    0.068    0.065    0.069    0.072    0.077    0.063
    Whiting 180890030........................  Lake.............................    0.081    0.088    0.062    0.062    0.069    0.069    0.081    0.062
    Ogden Dunes 181270024....................  Porter...........................    0.070    0.084    0.069    0.067    0.067    0.068    0.081    0.069
    Valparaiso 181270026.....................  Porter...........................    0.071    0.080    0.061    0.064    0.061    0.063    0.067    0.063
Illinois:
    Alsip 170310001..........................  Cook.............................    0.078    0.085    0.066    0.069    0.073    0.071    0.079    0.064
    Chicago--Southwest Filtration Plant        Cook.............................    0.075    0.082    0.067    0.065    0.074    0.079    0.091    0.071
     170310032.
    Chicago--Ellis Avenue 170310064..........  Cook.............................    0.070    0.079    0.063    0.060    0.071    0.074    0.081    0.058
    Chicago--Ohio Street 170310072...........  Cook.............................    0.065    0.075    0.063    0.062    0.071    0.074    0.090       NA
    Chicago--Lawndale 170310076..............  Cook.............................    0.075    0.080    0.066    0.067    0.068    0.073    0.081    0.062
    Chicago--Hurlbut Street 170311003........  Cook.............................    0.077    0.079    0.064    0.064    0.070    0.067    0.079    0.066
    Lemont 170311601.........................  Cook.............................    0.070    0.085    0.071    0.067    0.073    0.069    0.081    0.064

[[Page 36695]]

 
    Cicero 170314002.........................  Cook.............................    0.060    0.068    0.060    0.067    0.068    0.072    0.083    0.063
    Des Plaines 170314007....................  Cook.............................    0.065    0.078    0.057    0.057    0.064    0.065    0.073    0.067
    Northbrook 170314201.....................  Cook.............................    0.068    0.076    0.065    0.069    0.072    0.076    0.087    0.069
    Evanston 170317002.......................  Cook.............................    0.072    0.080    0.058    0.064    0.067    0.078    0.093    0.069
    Lisle 170436001..........................  DuPage...........................    0.062    0.072    0.057    0.059    0,064    0.068    0.093    0.063
    Elgin 170890005..........................  Kane.............................    0.062    0.075    0.061    0.068    0.069    0.070    0.075    0.064
    Zion 170971007...........................  Lake.............................    0.068    0.080    0.069    0.075    0.078    0.076    0.093    0.072
    Cary 171110001...........................  McHenry..........................    0.057    0.074    0.065    0.066    0.065    0.071    0.077    0.065
    Braidwood 171971011......................  Will.............................    0.068    0.071    0.060    0.063    0.065    0.061    0.071    0.061
Wisconsin:
    Chiwaukee Prairie 550590019..............  Kenosha..........................    0.079    0.085    0.072    0.071    0.081    0.081    0.092    0.075
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    Table 2 gives the three-year averages of the annual fourth-high 
daily maximum eight-hour ozone concentrations for each monitoring site, 
the monitoring sites' ozone design values.

    Table 2--Three-Year Averages of the Annual Fourth-High Daily Maximum Eight-Hour Ozone Concentrations for
         Monitoring Sites in the Chicago-Naperville, Illinois-Indiana-Wisconsin Ozone Nonattainment Area
                                                      [ppm]
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           Site/site No.             2006-2008    2007-2009    2008-2010    2009-2011    2010-2012    2011-2013
----------------------------------------------------------------------------------------------------------------
Indiana:
    Gary 180890022................        0.073        0.068        0.061        0.062        0.069        0.069
    Hammond 180892008.............        0.073        0.070        0.067        0.068        0.073        0.070
    Whiting 180890030.............        0.077        0.070        0.064        0.064        0.073        0.070
    Ogden Dunes 181270024.........        0.074        0.073        0.067        0.067        0.072        0.072
    Valparaiso 181270026..........        0.070        0.068        0.062        0.062        0.064        0.064
Illinois:
    Alsip 170310001...............        0.076        0.073        0.069        0.071        0.074        0.071
    Chicago--Southwest Filtration         0.074        0.071        0.068        0.068        0.081        0.080
     Plant 170310032..............
    Chicago--Ellis Avenue                 0.071        0.067        0.064        0.068        0.075        0.071
     170310064....................
    Chicago--Ohio Street 170310072        0.067        0.066        0.065        0.069        0.078           NA
    Chicago--Lawndale 170310076...        0.073        0.071        0.067        0.069        0.074        0.072
    Chicago--Hurlbut Street               0.073        0.069        0.066        0.067        0.072        0.070
     170311003....................
    Lemont 170311601..............        0.075        0.074        0.070        0.069        0.074        0.071
    Cicero 170314002..............        0.063        0.065        0.065        0.069        0.074        0.072
    Des Plaines 170314007.........        0.066        0.064        0.059        0.062        0.067        0.068
    Northbrook 170314201..........        0.069        0.070        0.068        0.072        0.078        0.077
    Evanston 170317002............        0.070        0.067        0.063        0.069        0.079        0.080
    Lisle 170436001...............        0.063        0.062        0.060        0.063        0.069        0.068
    Elgin 170890005...............        0.066        0.068        0.066        0.069        0.071        0.069
    Zion 170971007................        0.072        0.075        0.074        0.076        0.082        0.080
    Cary 171110001................        0.065        0.068        0.065        0.067        0.071        0.071
    Braidwood 171971011...........        0.066        0.064        0.063        0.063        0.066        0.064
Wisconsin:
    Chiwaukee Prairie 550590019...        0.078        0.076        0.074        0.077        0.085        0.082
----------------------------------------------------------------------------------------------------------------

    As can be seen from table 2, the 2008 eight-hour ozone standard is 
currently violated at the following sites in the Chicago area: (1) 
Chicago-Southwest Filtration Plant; (2) Northbrook; (3) Evanston; (4) 
Zion; and (5) Chiwaukee Prairie. In addition, the most recent three-
years of quality assured, state certified ozone data (2010-2012) 
available for the Chicago-Ohio Street monitoring site show a violation 
of the 2008 ozone standard (the 2013 ozone data for this monitoring 
site are incomplete and not available to assess the attainment of the 
ozone standard). This shows that the Chicago nonattainment area has not 
attained the 2008 eight-hour ozone standard.
    IDEM based the state's ozone redesignation request on the lack of 
ozone standard violations in Lake and Porter Counties. IDEM, however, 
has failed to demonstrate that the 2008 eight-hour ozone standard has 
been attained throughout the Chicago nonattainment area. The quality-
assured and state certified ozone data for 2011-2013 show a violation 
of the 2008 eight-hour ozone standard in the Chicago nonattainment 
area. Preliminary 2014 ozone data also indicate that multiple monitors 
in the Chicago nonattainment area continue to violate the 2008 ozone 
standard for the period of 2012-2014. Therefore, Indiana's ozone 
redesignation request fails to meet the first, and most important, 
criterion for the approval of ozone redesignation requests: attainment 
of the 2008 eight-hour ozone standard throughout the entire 
nonattainment area.

[[Page 36696]]

B. Has Indiana submitted an approvable ozone maintenance plan and 
approvable motor vehicle emission budget?

    To be approvable, an ozone maintenance plan, in part, must 
demonstrate that the ozone standard will be maintained in the ozone 
nonattainment area for at least 10 years after EPA approves the state's 
ozone redesignation request. A critical component of ozone maintenance 
plans is an ozone attainment emissions inventory documenting the VOC 
and NOX emissions inventory for the period in which the area 
has attained the ozone standard. The ozone maintenance demonstration 
usually involves the demonstration that future (during the 10 years 
after redesignation) VOC and NOX emissions will be at or 
below the attainment emissions. Indiana's ozone redesignation request 
contains such an ozone maintenance demonstration.
    Since the Chicago ozone nonattainment area continues to violate the 
2008 eight-hour ozone standard, we cannot conclude that Indiana has 
developed an acceptable attainment year emissions inventory. This means 
that the ozone maintenance demonstration portion of the ozone 
maintenance plan is unacceptable.
    Since the estimation of the VOC and NOX MVEBs depends on 
the determination of mobile source emissions that, along with other 
emissions in the nonattainment area, provide for attainment of the 
ozone standard, and since the Chicago nonattainment area continues to 
violate the 2008 eight-hour ozone standard, we conclude that Indiana's 
estimates of the VOC and NOX MVEBs are also not acceptable.
    We are not proposing action on Indiana's ozone maintenance 
demonstration and plan and MVEBs at this time. However, we note that, 
if we were to propose actions on these ozone redesignation request 
elements, we would find it necessary to propose disapproval.

VI. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and, therefore, is 
not subject to review by the Office of Management and Budget.

Paperwork Reduction Act

    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.).

Regulatory Flexibility Act

    This action merely disapproves state law as not meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this 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.).

Unfunded Mandates Reform Act

    Because this rule disapproves 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 Mandate Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it 
does not 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). This action merely disapproves a state rule, and does not 
alter the relationship or the distribution of power and 
responsibilities established in the CAA.

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
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 (59 
FR 22951, November 9, 2000).

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it disapproves a state rule.

Executive Order 13211: Actions That Significantly Affect Energy Supply, 
Distribution, Or Use

    Because it is not a ``significant regulatory action under Executive 
Order 12866 or a ``significant energy action,'' 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).

National Technology Transfer Advancement Act

    In reviewing state submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. 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 state submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a state 
submission, to use VCS in place of a state submission that otherwise 
satisfies the provisions of the CAA. 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.

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: June 18, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014-15287 Filed 6-27-14; 8:45 am]
BILLING CODE 6560-50-P