11082 Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Rules and Regulations 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 

• Do 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 a 

determinations of attainment is an 

action that affects the status of a 

geographical area and does not impose 

any new regulatory requirements on 

tribes, impact any existing sources of air 

pollution on tribal lands, nor impair the 

maintenance of ozone national ambient 

air quality standards in tribal lands. 

However, because there are tribal lands 

located in Milwaukee County, we 

provided the affected tribe with the 

opportunity to consult with EPA on the 

attainment determination. The 

consultation occurred on November 15, 

2010. The affected tribe raised no 

concerns. 

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. 

These actions are not ‘‘major rules’’ 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 May 2, 2011. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of these actions 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. These actions may not be 

challenged later in proceedings to 

enforce their requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 14, 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 YY—Wisconsin 

■ 2. Section 52.2585 is amended by 

adding paragraph (y) to read as follows: 

§ 52.2585 Control strategy: Ozone. 

* * * * * 

(y) Determination of attainment. EPA 

has determined, as of March 1, 2011 that 

the Milwaukee-Racine, WI and 

Sheboygan, WI areas have attained the 

1997 8-hour ozone standard. These 

determinations suspend the 

requirements for these areas to submit 

attainment demonstrations and 

associated reasonably available control 

measures (RACM), reasonable further 

progress plans (RFP), contingency 

measures, and other State 

Implementation Plan (SIP) revisions 

related to attainment of the standard for 

as long as the areas continue to attain 

the 1997 8-hour ozone standard. These 

determinations also stay the 

requirement for EPA to promulgate 

attainment demonstration and RFP 

Federal Implementation Plans (FIPs) for 

these areas. 

[FR Doc. 2011–4380 Filed 2–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0976; FRL–9272–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Oxides of Nitrogen Budget Trading 

Program; Technical Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

remove codification of a State 

Implementation Plan (SIP) approval 

vacated by the U.S. Court of Appeals for 

the Sixth Circuit in a decision dated 

June 5, 2009. This relates to Ohio rule 

revisions concerning 240 allowances 

under the Nitrogen Oxides Budget 

Trading Program added to the SIP by 

EPA rulemaking dated February 13, 

2008. This final rule conforms the 

codification of the SIP to the decision by 

the U.S. Court of Appeals for the Sixth 

Circuit in Buckeye Power, Inc. v. EPA 

(6th Cir., No. 08–3399, June 5, 2009). 

DATES: This final rule is effective on 

March 1, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2006–0976. 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 through 

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 Anthony 

Maietta, Environmental Protection 

Specialist, at (312) 353–8777 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Environmental 

Protection Specialist, Control Strategies 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8777, 

Maietta.anthony@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. Background Information 

II. What action is EPA taking? 

III. Statutory and Executive Order Reviews 

I. Background information 

On October 11, 2006, the Ohio 

Environmental Protection Agency sent 

EPA a letter requesting, among other 

actions, that EPA approve rule revisions 

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Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Rules and Regulations 11083 

to withdraw and permanently retire 240 

oxides of nitrogen (NOX) allowances 

from the State’s 2005 new source 

allowance set aside under the NOX

Budget Trading Program. On February 

13, 2008 (73 FR 8197), EPA approved 

the State’s rule revisions, in Ohio 

Administrative Code (OAC) rule 3745– 

14–05, into the Ohio state 

implementation plan (SIP). EPA was 

subsequently sued on our action, and on 

June 5, 2009, the U.S. Court of Appeals 

for the Sixth Circuit vacated our 

February 13, 2008 rulemaking. As a 

result, we are amending the codification 

of the SIP in the Code of Federal 

Regulations to reflect the court’s 

decision. Because our prior rulemaking 

was vacated by the U.S. Court of 

Appeals for the Sixth Circuit, our action 

today is merely a ministerial action to 

reflect the court’s decision, which 

imposes no requirements or costs. 

Therefore, under 5 U.S.C. 553(b)(3)(B), 

notice and public comment is 

unnecessary. For similar reasons, EPA 

has good cause to waive the 30 day 

delayed effective date under 5 U.S.C. 

553(d)(3). This rule is effective upon 

publication in the Federal Register. 

II. What action is EPA taking? 

EPA is revising the codification of the 

Ohio SIP by removing a reference to 

revisions to OAC 3745–14–05 that were 

previously incorporated into the Ohio 

SIP at 40 CFR 52.1870(c)(142). EPA had 

incorporated these revisions to OAC 

3745–14–05 into Ohio’s SIP in 

rulemaking dated February 13, 2008 

(73 FR 8197), but the U.S. Court of 

Appeals for the Sixth Circuit 

subsequently vacated this action. 

Therefore, in this action, we are 

removing and reserving the pertinent 

paragraph from the Code of Federal 

Regulations. Reserving this paragraph is 

a technical change to the codification of 

the SIP. This action does not alter any 

other Ohio SIP rulemaking actions, and 

Ohio is not obligated to take any further 

action as a result of this action. 

III. Statutory and Executive Order 

Reviews 

This action merely revises the Code of 

Federal Regulations to reflect the effect 

of a federal court order and it does not 

impose any requirements. 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 Clean Air Act; 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 2, 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, 

Oxides of Nitrogen, Oxides of Nitrogen 

Budget Trading Program. 

Dated: February 14, 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 KK—Ohio 

§ 52.1870 [Amended] 

■ 2. Section 52.1870 is amended by 

removing and reserving paragraph 

(c)(142). 

[FR Doc. 2011–4373 Filed 2–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2010–0168; FRL–9271–5] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Missouri State Implementation Plan 

(SIP) submitted April 10, 2009. The 

revision includes two new rules which 

implement restrictions on the idling of 

heavy duty diesel vehicles in the Kansas 

City Metropolitan Area and in the St. 

Louis Ozone Nonattainment Area. EPA 

is approving this revision because the 

standards and requirements set by the 

rules will strengthen the Missouri SIP. 

EPA’s approval of this SIP revision is 

being done in accordance with the 

requirements of the Clean Air Act 

(CAA). 

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