9652 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 

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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action which 

pertains to Maryland’s amendment to 

the definition of ‘‘fuel-burning 

equipment’’ 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, Particulate matter, Sulfur 

oxides. 

Dated: February 1, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

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 V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(c) is amended by revising the entries 

for COMAR 26.11.01.01 and COMAR 

26.11.09.01 to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE MARYLAND SIP 

Code of Maryland 

administrative regulations 

(COMAR) 

citation 

Title/subject State effective 

date EPA approval date Additional explanation/ citation at 40 CFR 52.1100 

26.11.01 General Administrative Provisions 

26.11.01.01 .............................. Definitions ......................... 9/20/10 2/22/11, [Insert page number where the document 

begins].

Revision to paragraph .01B(17). 

* * * * * * * 

26.11.09 Control of Fuel Burning Equipment and Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations 

26.11.09.01 .............................. Definitions ......................... 9/20/10 2/22/11, [Insert page number where the document 

begins].

Revision removes definition of 

‘‘fuel-burning equipment’’. 

*******

* * * * * 

[FR Doc. 2011–3722 Filed 2–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

EVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[DC103–2051; FRL–9267–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: EPA is updating the materials 

submitted by the District of Columbia 

that are incorporated by reference (IBR) 

into the State implementation plan 

(SIP). The regulations affected by this 

update have been previously submitted 

by the State agency and approved by 

EPA. This update affects the SIP 

materials that are available for public 

inspection at the National Archives and 

Records Administration (NARA), the 

Air and Radiation Docket and 

Information Center located at EPA 

Headquarters in Washington, DC and 

the EPA Regional Office. 

DATES: Effective Date: This action is 

effective February 22, 2011. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; the 

Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, 1301 Constitution 

Avenue NW., Room Number 3334, EPA 

West Building, Washington, DC 20460; 

or the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Harold A. Frankford, (215) 814–2108 or 

by e-mail at frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The SIP is a living document which 

the State revises as necessary to address 

its unique air pollution problems. 

Therefore, EPA from time to time must 

take action on SIP revisions containing 

new and/or revised regulations as being 

part of the SIP. On May 22, 1997 (62 FR 

27968), EPA revised the procedures for 

incorporating by reference Federallyapproved SIPs, as a result of 

consultations between EPA and Office 

of the Federal Register (OFR). The 

description of the revised SIP 

document, IBR procedures and 

(‘‘Identification’’) of plan format are 

discussed in further detail in the May 

22, 1997 Federal Register document. On 

December 7, 1998, (63 FR 67407) EPA 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 9653 

published a document in the Federal 

Register beginning the new IBR 

procedure for the District of Columbia. 

On August 6, 2004 (69 FR 47773), 

September 6, 2005 (70 FR 52919) and 

March 19, 2009 (74 FR 11647), EPA 

published updates to the IBR material 

for the District of Columbia. 

Since the publication of the last IBR 

update, EPA has approved the following 

regulatory changes to the IBR materials 

in paragraph 40 CFR 52.470(c): 

1. The addition of 20 DCMR Chapter 

15. 

2. A revision to the Title of 20 DCMR 

Chapter 4. 

3. The removal of Section 403 of 20 

DCMR, Chapter 4. 

II. EPA Action 

In this action, EPA is doing the 

following: 

1. Announcing the update to the IBR 

material as of December 1, 2010. 

2. Correcting the title entry for 20 

DCMR Chapter 4 in paragraph 52.470(c). 

3. Making corrections to several table 

entries in paragraph 52.470(e) so that 

the date format in the ‘‘state submittal 

date’’ and ‘‘EPA approval date’’ columns 

are consistent with that of the table. 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation and section 

553(d)(3) which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

State programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

removing outdated citations and 

incorrect table entries. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the Clean Air Act (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). 

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. 

B. Submission to Congress and the 

Comptroller General 

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 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 rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

EPA has also determined that the 

provisions of section 307(b)(1) of the 

CAA pertaining to petitions for judicial 

review are not applicable to this action. 

Prior EPA rulemaking actions for each 

individual component of the District of 

Columbia SIP compilations had 

previously afforded interested parties 

the opportunity to file a petition for 

judicial review in the United States 

Court of Appeals for the appropriate 

circuit within 60 days of such 

rulemaking action. Thus, EPA sees no 

need in this action to reopen the 60-day 

period for filing such petitions for 

judicial review for this ‘‘Identification of 

plan’’ update action for the District of 

Columbia. 

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 record keeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 1, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

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 J—District of Columbia 

■ 2. Section 52.470 is amended by: 

■ a. Revising paragraph (b). 

■ b. In paragraph(c), revising the title 

heading for Chapter 4. 

■ c. Revising the following entries in 

paragraph(e): 15% Rate of Progress Plan, 

1996–1999 Rate-of-Progress plan SIP, 

1990 Base Year Inventory Revisions, 

1999–2005 Rate-of-Progress Plan SIP 

Revision and the Transportation Control 

Measures (TCMs) in Appendix J, VMT 

Offset SIP Revision, Contingency 

Measure Plan, and 1-hour Ozone 

Modeled Demonstration of Attainment 

and Attainment Plan. 

The amendments read as follows: 

mstockstill on DSKH9S0YB1PROD with RULES

9654 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 

§ 52.470 Identification of plan. 

* * * * * 

(b) Incorporation by reference. 

(1) Material listed as incorporated by 

reference in paragraphs (c) and (d) was 

approved for incorporation by reference 

by the Director of the Federal Register 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. The material 

incorporated is as it exists on the date 

of the approval, and notice of any 

change in the material will be published 

in the Federal Register. Entries in 

paragraphs (c) and (d) of this section 

with EPA approval dates on or after 

December 1, 2010 will be incorporated 

by reference in the next update to the 

SIP compilation. 

(2) EPA Region III certifies that the 

rules/regulations provided by EPA at 

the addresses in paragraph (b)(3) of this 

section are an exact duplicate of the 

officially promulgated State rules/ 

regulations which have been approved 

as part of the State implementation plan 

as of December 1, 2010. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the EPA Region III Office at 

1650 Arch Street, Philadelphia, PA 

19103. For further information, call 

(215) 814–2108; the EPA, Air and 

Radiation Docket and Information 

Center, Room Number 3334, EPA West 

Building, 1301 Constitution Avenue, 

NW., Washington, DC 20460. For further 

information, call (202) 566–1742; or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/code_of_federal_

regulations/ibr_locations.html. 

(c) EPA-approved regulations. 

EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS

State citation Title/subject State effective 

date 

EPA approval 

date 

Additional 

explanation 

District of Columbia Municipal Regulations (DCMR), Title 20—Environment 

*******

Chapter 4 Ambient Monitoring, Emergency Procedures, and Chemical Accident Prevention 

*******

* * * * * (e) EPA-approved non-regulatory and 

quasi-regulatory material. 

Name of 

non-regulatory SIP 

revision 

Applicable geographic 

or nonattainment area State submittal date EPA approval date Additional explanation 

*******

15% Rate of Progress 

Plan.

Metropolitan Washington Ozone Nonattainment Area.4/16/98 ...................... 08/05/99, 64 FR 42600 52.476(a). 

* * * * * * * 

1996–1999 Rate-ofProgress plan SIP.Washington 1-hour 

ozone nonattainment area.

11/3/97, 5/25/99 ........ 5/13/05, 70 FR 25688 ... 1999 motor vehicle emissions budgets of 

128.5 tons per day (tpy) of VOC and 

196.4 tpy of NOx, effective 6/13/05. 

1990 Base Year inventory Revisions.Washington 1-hour 

ozone nonattainment area.

9/5/03, 2/25/04 .......... 5/13/05, 70 FR 25688 ... Effective date: 6/13/05. 

1999-2005 Rate-ofProgress Plan SIP 

Revision and the 

Transportation Control Measures 

(TCMs) in Appendix 

J.

Washington 1-hour 

ozone nonattainment area.

9/5/03, 2/25/04 .......... 5/13/05, 70 FR 25688 ... Only the TCMs in Appendix J of the 2/25/ 

2004 revision, 2002 motor vehicle emissions budgets (MVEBs) of 125.2 tons per 

day (tpy) for VOC and 290.3 tpy of NOx, 

and, 2005 MVEBs of 97.4 tpy for VOC 

and 234.7 tpy of NOx, effective 6/13/05. 

VMT Offset SIP Revision.Washington 1-hour 

ozone nonattainment area.

9/5/03, 2/25/04 .......... 5/13/05, 70 FR 25688 ... Effective date: 6/13/05. 

Contingency Measure 

Plan.

Washington 1-hour 

ozone nonattainment area.

9/5/03, 2/25/04 .......... 5/13/05, 70 FR 25688 ... Effective date: 6/13/05. 

1-hour Ozone Modeled Demonstration 

of Attainment and 

Attainment Plan.

Washington 1-hour 

ozone nonattainment area.

9/5/03, 2/25/04 .......... 5/13/05, 70 FR 25688 ... 2005 motor vehicle emissions budgets of 

97.4 tons per day (tpy) for VOC and 

234.7 tpy of NOx, effective 6/13/05. 

* * * * * * * 

mstockstill on DSKH9S0YB1PROD with RULES

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 

mstockstill on DSKH9S0YB1PROD with RULES