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 


jdjones on DSK8KYBLC1PROD with RULES
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 based 

on 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, 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Rules and Regulations 64951 

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 (NOX) 

emission allowances granted for 

implementation of voluntary control of 

NOX emissions from sources other than 

those covered by other Illinois NOX

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 NOX emission 

allowances (estimation and crediting of 

NOX emission reductions as emission 

allowances for use in a national, 

Federally-operated NOX emissions 

trading program) resulting from the 

application of voluntary NOX emission 

reductions at source facilities not 

subject to Illinois’ existing NOX

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 NOX

emission reductions resulting from the 

voluntary application of NOX emission 

controls as NOX emission allowances 

that could be sold in a national NOX

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 NOX

emission allowances for source closures; 

(2) the rule does not prevent crediting 

of facility-specific NOX emission 

reductions resulting from shifting of 

production and NOX emissions from 

one facility to another; (3) the rule 

establishes an emission baseline year 

(from which NOX emission allowances 

are earned through subsequent NOX

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 NOX Budget 

Trading Program; (4) the rule 


jdjones on DSK8KYBLC1PROD with RULES