This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. 

# Rules and Regulations Federal Register 

### 64949

Vol. 75, No. 203

Thursday, October 21, 2010

**NUCLEAR REGULATORY COMMISSION** 

**10 CFR Part 50**

**RIN 3150–AI37**
**[NRC–2009–0014]**

**Domestic Licensing of Production and Utilization Facilities; Updates to**  **Incorporation by Reference of Regulatory Guides; Correction** 

**AGENCY :**  Nuclear Regulatory Commission.

**ACTION :**  Final rule; correction.

**SUMMARY :**  This document corrects a final rule that was published in the Federal Register on October 5, 2010 (75 FR 61321). The final rule amends the Nuclear Regulatory Commission’s (NRC) regulations to incorporate by reference the latest revisions of two previously incorporated regulatory guides. This document is necessary to include certification in the rule that the NRC has complied with the requirements of the Congressional Review Act. This information was inadvertently omitted from the final rule.

**DATES :**  The correction is effective on November 4, 2010, the date the original final rule becomes effective.

**FOR FURTHER INFORMATION CONTACT :**  Cindy Bladey, Chief, Rules, Announcements, and Directives Branch, Office of Administration, Nuclear Regulatory Commission, Washington, DC 20555–0001, Telephone: (301) 492– 3667 or Toll Free: (800) 368–5642.

**SUPPLEMENTARY INFORMATION :**  At the top of the third column of Page 61335 of Federal Register document 2010–24814, published on October 5, 2010 (75 FR 61321), add the following text: XII. Congressional Review Act

In accordance with the Congressional Review Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of the Office of Management and Budget.

Dated at Rockville, Maryland this 14th day of October 2010.

For the Nuclear Regulatory Commission. Cindy Bladey, Chief, Rules, Announcements, and Directives Branch.
[FR Doc. 2010–26393 Filed 10–20–10; 8:45 am]

**BILLING CODE 7590–01–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R01–OAR–2010–0459; A–1–FRL– 9215–9]** 

**Approval and Promulgation of Air Quality Implementation Plans; Rhode**  **Island; Determination of Attainment of the 1997 Ozone Standard for the**  **Providence, RI Area**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  The EPA is determining that the Providence (All of Rhode Island) moderate 1997 8-hour ozone nonattainment area has attained the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. This determination is based upon complete, quality-assured, certified ambient air monitoring data that show the area has monitored attainment of the 1997 8-hour ozone NAAQS for the 2007–2009 monitoring period. Preliminary data available to date for the 2010 ozone season is consistent with continued attainment. Under the provisions of EPA’s ozone implementation rule, the requirements for this area to submit an attainment demonstration, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans related to attainment of the 1997 8-hour ozone NAAQS shall be suspended for so long as the area continues to attain the 1997 ozone NAAQS. In addition, EPA is determining that this area has attained the 1997 ozone NAAQS as of June 15, 2010, its applicable attainment date.

**DATES :**  Effective Date: This rule is effective on November 22, 2010. **ADDRESSES :**  EPA has established a docket for this action under Docket Identification No. EPA–R01–OAR– 2010–0459. 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., 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 at the Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square— Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the **FOR FURTHER**
**INFORMATION CONTACT** section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding legal holidays.

**FOR FURTHER INFORMATION CONTACT :**  Richard P. Burkhart, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109–3912, telephone number (617) 918–1664, fax number (617) 918–0664, e-mail Burkhart.Richard@epa.gov.

**SUPPLEMENTARY INFORMATION :** 

Throughout this document whenever

‘‘we, ’’ ‘‘us, ’’ or ‘‘ our’’ is used, we mean EPA.

Organization of this document . The following outline is provided to aid in locating information in this preamble. I. What actions is EPA taking? II. What is the effect of these actions? III. Final Action IV. Statutory and Executive Order Reviews I. What actions is EPA taking?

EPA is determining that the Providence (All of Rhode Island) moderate 8-hour ozone nonattainment area has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based upon complete, quality-assured and certified ambient air monitoring data that show the area has monitored attainment of the 1997 ozone NAAQS


### 64950 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Rules and Regulations

for the 2007–2009 monitoring period. In addition, preliminary data through June 15, 2010 show this area meets the 1997 ozone NAAQS. EPA is also determining, under section 181(b)(2)(A) of the Clean Air Act (CAA), that this area has attained the 1997 ozone NAAQS by its applicable attainment date (June 15, 2010).

Other specific details related to the determination and the rationale for EPA’s action are explained in the Notice of Proposed Rulemaking (NPR) published on July 28, 2010 (75 FR 44179) and will not be restated here. No comments were received on the NPR.

II. What is the effect of these actions?

Under the provisions of EPA’s ozone implementation rule ( see 40 CFR 51.918), the determination that the area is attaining the standard suspends the requirements for the Providence (All of Rhode Island) moderate ozone nonattainment area to submit an attainment demonstration, a reasonable further progress plan, section 172(c)(9) contingency measures, and any other planning State Implementation Plans (SIPs) related to attainment of the 1997 8-hour ozone NAAQS for so long as the area continues to attain the 1997 ozone NAAQS.

This action does not constitute a redesignation to attainment under CAA section 107(d)(3), because the area does not have an approved maintenance plan as required under section 175A of the CAA, nor a determination that the area has met the other requirements for redesignation. The classification and designation status of the area remains moderate nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA determines that it meets the CAA requirements for redesignation to attainment. If EPA subsequently determines, after notice-and-comment rulemaking in the Federal Register , that the area has violated the 1997 8-hour ozone standard, the basis for the suspension of these requirements would no longer exist, and the area would thereafter have to address the pertinent requirements.

In addition, in accordance with CAA section 181(b)(2)(A), EPA is determining that the Providence (All of Rhode Island) 1997 8-hour ozone nonattainment area has attained the 1997 ozone NAAQS by its applicable attainment date of June 15, 2010. The effect of this determination of attainment by the area’s attainment date is to discharge EPA’s obligation under section 181(b)(2)(A), and to establish that, in accordance with that section, the area will not be reclassified for failure to attain by its applicable attainment date.

III. Final Action

EPA is determining that the Providence (All of Rhode Island) 8-hour ozone nonattainment area has attained the 1997 8-hour ozone standard basedon three years of complete, qualityassured and certified ozone monitoring data from 2007–2009. Preliminary data available through June 15, 2010 are consistent with continued attainment. As provided in 40 CFR 51.918, this determination suspends the requirements for Rhode Island to submit an attainment demonstration, a reasonable further progress plan, contingency measures under section 172(c)(9), and any other planning SIP related to attainment of the 1997 8-hour ozone NAAQS for this area, for so long as the area continues to attain the 1997 ozone standard. In addition, pursuant to CAA section 181(b)(2)(A), EPA is determining that the Providence (All of Rhode Island) 8-hour ozone nonattainment area has attained the 1997 8-hour ozone NAAQS by its applicable attainment date (June 15, 2010). IV. Statutory and Executive Order Reviews

These actions make a determination of attainment based on air quality, and result in the suspension of certain Federal requirements, and do not impose additional requirements beyond those imposed by state law. For that reason, these actions:

• Are not ‘‘ significant regulatory actions ’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

• Do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. );

• Are 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. );

• Do 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);

• Do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• Are not economically significant regulatory actions based on health or 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 Clean Air Act; 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, these actions do 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 these actions 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 December 20, 2010. 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,


### 64951 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Rules and Regulations

Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: October 8, 2010. Ira W. Leighton, Acting Regional Administrator, EPA New England.

■ Part 52 of chapter I, title 40 of the Code of Federal Regulations 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 OO—Rhode Island**

■ 2. Section 52.2088 is amended by adding paragraph (d) to read as follows:

**§ 52.2088 Control strategy: Ozone.**
* * * * *

(d) Determination of Attainment. Effective November 22, 2010, EPA is determining that the Providence (All of Rhode Island) 8-hour ozone nonattainment area has attained the 1997 8-hour ozone standard based on 2007–2009 monitoring data. Under the provisions of EPA’s ozone implementation rule (see 40 CFR 51.918), this determination suspends the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act for as long as the area does not monitor any violations of the 1997 8-hour ozone standard. If a violation of the 1997 ozone NAAQS is monitored in the Providence (All of Rhode Island) 8-hour ozone nonattainment area, this determination shall no longer apply. In addition, this area met its June 15, 2010 attainment deadline for the 1997 ozone standard.

[FR Doc. 2010–26446 Filed 10–20–10; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R05–OAR–2007–1096; FRL–9215–8]**

**Approval and Promulgation of Implementation Plans; Illinois;**  **Voluntary Nitrogen Oxides Controls**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  On May 1, 2001, the Illinois Environmental Protection Agency (Illinois EPA) submitted a request for EPA approval of a State Implementation Plan (SIP) revision for regulations governing Nitrogen Oxides (NO X ) emission allowances granted for implementation of voluntary control of NO X emissions from sources other than those covered by other Illinois NO X emission control regulations. On March 4, 2008, EPA proposed to disapprove the requested SIP revision. This final rule completes the disapproval of the requested SIP revision.

**DATES :**  This final rule is effective on November 22, 2010.

**ADDRESSES :**  EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2007–1096. 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 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), 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 action is EPA taking? II. Did anyone comment on the proposed disapproval of the state’s SIP revision request? III. Illinois’ Voluntary Nitrogen Oxides Control Rule IV. Why did EPA propose to disapprove this rule as a SIP revision? V. Final Action VI. Statutory and Executive Order Reviews I. What action is EPA taking?

EPA is disapproving a requested Illinois SIP revision, submitted on May 1, 2001, which would have incorporated a rule governing NO X emission allowances (estimation and crediting of NO X emission reductions as emission allowances for use in a national, Federally-operated NO X emissions trading program) resulting from the application of voluntary NO X emission reductions at source facilities not subject to Illinois’ existing NO X emission control rules. This rule is specified/codified in Illinois’ 35 Illinois Administrative Code (IAC), part 217, subpart X (the Subpart X rule). II. Did anyone comment on the proposed disapproval of the state’s SIP revision request?

No comments were received during the 30-day comment period on the proposed disapproval of the Subpart X rule as an Illinois SIP revision. The proposed rule was published on March 4, 2008 (73 FR 11565). III. Illinois’ Voluntary Nitrogen Oxides Control Rule

On May 1, 2001, the Illinois EPA submitted 35 Illinois Administrative Code (IAC), part 217, subpart X as a requested revision of the Illinois SIP. The Subpart X rule provided for the determination and crediting of NO X emission reductions resulting from the voluntary application of NO X emission controls as NO X emission allowances that could be sold in a national NO X emission allowance trading system. A detailed description of the Subpart X rule and its subparts can be found in our proposed rule published in the Federal Register on March 4, 2008 (73 FR 11566). IV. Why did EPA propose to disapprove this rule as a SIP revision?

Our March 4, 2008, proposed rule contained a number of comments specific to each subpart of the Subpart X rule (73 FR 11573). Based on the more detailed comments and concerns raised in the proposed rule, we had the following general concerns regarding the Subpart X rule: (1) The Subpart X rule would unacceptably grant NO X emission allowances for source closures; (2) the rule does not prevent crediting of facility-specific NO X emission reductions resulting from shifting of production and NO X emissions from one facility to another; (3) the rule establishes an emission baseline year (from which NO X emission allowances are earned through subsequent NO X emission reductions), 1995, that is too far in the past, prior to the State’s adoption of the Subpart X rule and prior to the baseline year used for other sources involved in EPA’s NO X Budget Trading Program; (4) the rule