Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 9655 

1The 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. 

[FR Doc. 2011–3868 Filed 2–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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, IllinoisIndiana 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, 

doty.edward@epa.gov. 

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, qualityassured 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. 

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 ChicagoGary-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 

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9656 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 

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] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart O—Illinois 

■ 2. Section 52.726 is amended by 

adding paragraph (ii) to read as follows: 

§ 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] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0594; FRL–9268–1] 

Approval and Promulgation of the Air 

Quality Implementation Plans; 

Maryland; Control of Volatile Organic 

Compound Emissions From Industrial 

Solvent Cleaning Operations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a revision to Maryland’s State 

Implementation Plan (SIP). The revision 

was submitted by the Maryland 

Department of the Environment (MDE) 

to establish and require reasonably 

available control technology (RACT) for 

industrial solvent cleaning operations 

for sources of volatile organic 

compounds (VOCs) covered by control 

techniques guidelines (CTG). This 

amendment reduces VOC emissions 

from industrial solvent cleaning 

operations which will help Maryland 

attain and maintain the National 

Ambient Air Quality Standards 

(NAAQS) for ozone. EPA is approving 

this revision in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: Effective Date: This final rule is 

effective on March 24, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0431. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, 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 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at Maryland Department of the 

Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline Lewis, (215) 814–2037, or by 

e-mail at lewis.jacqueline@epa.gov. 

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