76332 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

not yet been determined, but EPA will 

provide notice of the rescheduled open 

houses and hearings in local 

newspapers, in our docket, and on our 

Web site at least 30 days prior to the 

events. 

EPA’s proposed rule was published in 

the Federal Register on October 19, 

2010 (75 FR 64221) and can be accessed 

the following Web site: http:// 

www.epa.gov/region9/airnavajo/ 

index.html#proposed. EPA has 

established a public docket for the 

proposed rulemaking under the docket 

number EPA–R09–OAR–2010–0683. 

Docket: The index to the docket for 

this action is available electronically at 

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

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). Due to 

building security procedures, to inspect 

the hard copy materials, please schedule 

an appointment at least 24 hours in 

advance during normal business hours 

with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

Dated: November 22, 2010. 

Deborah Jordan, 

Air Division Director, Region IX. 

[FR Doc. 2010–30841 Filed 12–7–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0671; FRL–9236–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed Rule. 

SUMMARY: EPA is proposing to approve 

a July 29, 2010, request from the State 

of Illinois to exempt sources of Nitrogen 

Oxides (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). The State’s NOX RACT 

waiver request is based on the most 

recent three years of complete, qualityassured ozone monitoring data, which 

demonstrate that additional reduction of 

NOX emissions in the ozone 

nonattainment areas would not 

contribute to attainment of the 1997 

8-hour ozone NAAQS in the two ozone 

nonattainment areas. In addition to 

waiving the NOX RACT requirement for 

the State of Illinois, final approval of the 

NOX RACT waiver would also suspend 

a requirement for EPA to promulgate a 

NOX RACT Federal Implementation 

Plan (FIP) for the 8-hour ozone 

nonattainment areas. 

DATES: Comments must be received on 

or before January 7, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0671, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: mooney.john@epa.gov. 

• Fax: (312) 692–2551. 

• Mail: John M. Mooney, Chief, 

Attainment Planning and Maintenance 

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

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

• Hand Delivery: John M. Mooney, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch, (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, 18th Floor, Chicago, Illinois 

60604. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2010– 

0671. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects 

and viruses. For additional instructions 

on submitting comments, go to section 

I of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the U.S. 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 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. 

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 should I consider as I prepare my 

comments for EPA? 

II. What is the background for this action? 

III. State Petition 

IV. EPA Review of the Petition 

A. Have the ozone nonattainment areas 

attained the 1997 8–hour ozone NAAQS? 

B. EPA’s analysis of Illinois’ NOX RACT 

Waiver Petition 

V. What are the environmental effects of this 

action? 

VI. EPA’s Proposed Action 

VII. Statutory and Executive Order Reviews 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
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1On May 11, 2010 (75 FR 26113), EPA published 

a final rule to redesignate Lake and Porter Counties, 

Indiana to attainment of the 1997 8-hour ozone 

NAAQS. The Illinois portion of the Chicago-GaryLake County, IL-IN area remains designated as a 

nonattainment area for the 1997 8-hour ozone 

NAAQS. 

2Termination of the sanctions clock did not 

suspend or terminate a FIP clock (also started on 

March 24, 2008) requiring EPA to promulgate a 

NOX RACT FIP within two years of the 

determination that Illinois had failed to submit 

required NOX RACT rules. The FIP clock can only 

be terminated (EPA’s obligation to promulgate a FIP 

is ended) if EPA approves Illinois’ NOX emission 

control rules as NOX RACT in the Illinois SIP or 

suspended if EPA approves a waiver of the NOX

RACT requirement for both of the ozone 

nonattainment areas. If the FIP clock is suspended 

through approval of the NOX RACT waiver, the 

suspension of the FIP clock continues only as long 

as the two ozone nonattainment areas continue to 

attain the 1997 8-hour ozone NAAQS. The FIP 

clock is terminated if EPA approves the 

redesignation of both areas (the Illinois portions of 

the Chicago-Gary-Lake County, IL-IN and St. Louis, 

MO-IL 8-hour ozone nonattainment areas) to 

attainment of the 1997 8-hour ozone NAAQS. 

I. What should I consider as I prepare 

my comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

2. Follow directions—EPA may ask 

you to respond to specific questions or 

organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified in the proposed rule. 

II. What is the background for this 

action? 

EPA has determined that ground-level 

ozone (O3) is detrimental to human 

health. On July 18, 1997 (62 FR 38856), 

EPA promulgated an 8-hour ozone 

NAAQS of 0.08 parts per million parts 

of air (ppm). The standard is violated in 

an area when any ozone monitor in the 

area (or in its downwind environs) 

records 8-hour ozone concentrations 

with a 3-year average of the annual 

fourth-highest daily maximum 8-hour 

ozone concentrations equaling or 

exceeding 0.085 ppm. 

Section 107 of the CAA required EPA 

to designate as nonattainment any area 

that violated the 1997 8-hour ozone 

standard. The 8-hour ozone 

designations and classifications were 

promulgated on April 30, 2004 (69 FR 

23857). In that EPA rulemaking, the 

Chicago-Gary-Lake County, IllinoisIndiana (IL-IN) and St. Louis, MissouriIllinois (MO-IL) areas were designated 

as nonattainment for the 1997 8-hour 

ozone NAAQS, and the designations 

became effective on June 15, 2004. 

Ground-level ozone is not generally 

emitted directly by sources. Rather, 

emitted NOX and Volatile Organic 

Compounds (VOC) react in the presence 

of sunlight to form ground-level ozone, 

as a secondary compound, along with 

other secondary compounds. NOX and 

VOC are referred to as ‘‘ozone 

precursors.’’ Reduction of peak groundlevel ozone concentrations is achieved 

through controlling VOC and NOX

emissions. 

The CAA, title 1, part D contains two 

sets of provisions—subparts 1 and 2— 

that address planning and emission 

control requirements for ozone 

nonattainment areas. Subpart 1 contains 

general, less prescriptive requirements 

for all nonattainment areas of any 

pollutant governed by a NAAQS. 

Subpart 2 contains more specific 

requirements for ozone nonattainment 

areas classified under section 181 of the 

CAA. The Chicago-Gary-Lake County, 

IL-IN and St. Louis, MO-IL areas are 

classified as moderate nonattainment 

areas under the 1997 8-hour ozone 

NAAQS.1

The subpart 2 ozone plan 

requirements under the CAA with 

respect to control of VOC and NOX

emissions depend on the ozone 

nonattainment classification of an area. 

The air quality planning and control 

requirements for the reduction of NOX

emissions are contained in 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 VOC 

emissions. Section 182(f) also provides 

that these NOX emission reduction 

requirements do not apply to an area 

outside of an ozone transport region if 

EPA determines that additional 

reductions of NOX emissions would not 

contribute to attainment of the ozone 

standard in the area. 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 the additional NOX

emission reductions required by section 

182(f) did not contribute to attainment 

of the ozone standard. 

On March 17, 2008, EPA notified 

Douglas P. Scott, Director of the Illinois 

EPA, that EPA had determined that the 

State of Illinois had failed to submit a 

CAA-required NOX RACT State 

Implementation Plan (SIP) revision (the 

NOX RACT emission control rules) for 

the Illinois portions of the ChicagoGary-Lake County, IL-IN and St. Louis, 

MO-IL ozone nonattainment areas. EPA 

formalized this finding in the Federal 

Register on March 24, 2008 (73 FR 

15416), and that action commenced the 

sanctions process outlined by section 

179 of the CAA and 40 CFR 52.31. See 

59 FR 39832, August 4, 1994. Under this 

process, the new source two-to-one (2:1) 

emissions offset sanction would take 

effect in the Illinois ozone 

nonattainment areas on September 24, 

2009. The sanctions clock would run 

and any imposed sanctions would 

remain in effect until either a NOX

RACT SIP revision is submitted to EPA 

by the State of Illinois and is 

affirmatively determined complete by 

EPA, or a NOX control waiver, under 

section 182(f), is granted by EPA. 

On September 1 and 2, 2009, the 

Illinois EPA submitted adopted NOX

emission control regulations, as a 

requested SIP revision, to meet the CAA 

NOX RACT requirement. On September 

16, 2009, EPA determined this SIP 

revision submittal to be complete, 

terminating the sanctions clock 

activated on March 24, 2008.2 EPA 

continues to review this SIP revision, 

but has not yet completed rulemaking 

on this requested SIP revision. 

Therefore, the Illinois SIP does not yet 

contain the Illinois NOX emission 

control rules. In addition, it is noted 

that Illinois has not yet completed 

implementation of the NOX emission 

control rules. 

The criteria established for 

determining the applicability of section 

182(f) NOX emission controls and the 

evaluation of section 182(f) NOX

emission control waiver requests are set 

forth in a January 14, 2005, EPA policy 

memorandum, ‘‘Guidance on Limiting 

Nitrogen Oxides (NOX) Requirements 

Related to 8-Hour Ozone 

Implementation,’’ from Stephen D. Page, 

Director, Office of Air Quality Planning 

and Standards. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
76334 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

3The 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. 

4The worst-case monitoring site-specific ozone 

design value in the area and in its downwind 

environs. 

III. State Petition 

On July 29, 2010, Illinois EPA 

submitted a request for a NOX RACT 

waiver for the Illinois ozone 

nonattainment areas.3 This NOX RACT 

waiver was requested for the 1997 

8-hour ozone standard. Illinois EPA 

requested that EPA consider the NOX

emission control rules submitted on 

September 1 and 2, 2009, for approval 

as NOX RACT in the Illinois SIP under 

a possible new ozone standard that EPA 

is currently considering. 

Illinois EPA based its NOX RACT 

waiver request on ozone air quality data 

for 2007–2009, which demonstrate that 

the 1997 8-hour ozone NAAQS has been 

attained in the Chicago-Gary-Lake 

County, IL-IN and St. Louis, MO-IL 

areas without the implementation of 

NOX RACT in the Illinois portions of 

these areas. 

IV. EPA Review of the Petition 

A. Have the ozone nonattainment areas 

attained the 1997 8-hour ozone 

NAAQS? 

An area may be considered to be 

attaining the 1997 8-hour ozone 

standard if there are no violations of the 

standard, as determined in accordance 

with 40 CFR 50.10 and appendix I, 

based on the most recent three years of 

complete, quality-assured air quality 

monitoring data at all ozone monitoring 

sites in the area and in its nearby 

downwind environs. To attain this 

standard, the average of the annual 

fourth-high daily maximum 8-hour 

average ozone concentrations measured 

and recorded at each monitoring site 

over the most recent 3-year period (the 

monitoring site’s ozone design value) 

must not exceed the ozone standard. 

Based on an ozone data rounding 

convention described in 40 CFR 50, 

appendix I, the 1997 8-hour ozone 

standard is attained if the area’s ozone 

design value 4 is 0.084 ppm or less. The 

data must be collected and qualityassured in accordance with 40 CFR 58, 

and must be recorded in EPA’s Air 

Quality System (AQS). The ozone 

monitors generally should have 

remained at the same locations for 

duration of the monitoring period 

required to demonstrate attainment of 

the ozone standard. The data supporting 

attainment of the standard must be 

complete in accordance with 40 CFR 50, 

appendix I. 

Table 1 summarizes the annual 

fourth-high daily maximum 8-hour 

ozone concentrations and their 3-year 

(2007–2009) averages for all monitors in 

the Chicago-Gary-Lake County, IL-IN 

area and for the Chiwaukee Prairie 

monitoring site in Wisconsin 

(considered to be a high ozone monitor 

in the downwind environs of the 

Chicago-Gary-Lake County, IL-IN area). 

These data reflect peak ozone 

concentrations quality assured and 

reported by the States of Illinois, 

Indiana, and Wisconsin. 

TABLE 1—ANNUAL FOURTH-HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS IN PARTS PER MILLION (PPM) AND

3-YEAR AVERAGES FOR THE CHICAGO-GARY-LAKE COUNTY, IL-IN AREA

State/monitoring site 2007 2008 2009 3-Year 

average 

Indiana Monitoring Sites 

Gary ................................................................................................................. 0.085 0.062 0.058 0.068 

Hammond ........................................................................................................ 0.077 0.068 0.065 0.070 

Ogden Dunes ................................................................................................... 0.084 0.069 0.067 0.073 

Valparaiso ........................................................................................................ 0.080 0.061 0.064 0.068 

Whiting ............................................................................................................. 0.088 0.062 0.062 0.071 

Illinois Monitoring Sites 

Alsip ................................................................................................................. 0.085 0.066 0.069 0.073 

Chicago-Cheltenham ....................................................................................... 0.082 0.066 0.065 0.071 

Chicago-Adams ............................................................................................... 0.084 0.058 0.076 0.073 

Chicago-Ellis Avenue ....................................................................................... 0.079 0.063 0.060 0.068 

Chicago-Ohio Street ........................................................................................ 0.075 0.063 0.062 0.067 

Chicago-Lawndale ........................................................................................... 0.080 0.066 0.067 0.071 

Chicago-Hurlbut Street .................................................................................... 0.079 0.063 0.064 0.069 

Lemont ............................................................................................................. 0.085 0.071 0.067 0.074 

Cicero ............................................................................................................... 0.068 0.060 0.067 0.065 

Northbrook ....................................................................................................... 0.076 0.063 0.069 0.069 

Evanston .......................................................................................................... 0.080 0.058 0.064 0.067 

Lisle .................................................................................................................. 0.072 0.057 0.059 0.063 

Waukegan ........................................................................................................ 0.081 0.061 0.057 0.066 

Illinois Beach State Park ................................................................................. 0.080 0.067 0.075 0.074 

Cary ................................................................................................................. 0.074 0.063 0.066 0.068 

Essex Road ..................................................................................................... 0.071 0.057 0.063 0.064 

Wisconsin Monitoring Site 

Chiwaukee Prairie ............................................................................................ 0.085 0.069 0.071 0.075 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
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Table 2 summarizes the annual 

fourth-high daily maximum 8-hour 

ozone concentrations and their 3-year 

(2007–2009) averages for all monitors in 

the St. Louis, MO-IL area. These data 

reflect peak ozone concentrations 

quality assured and reported by the 

States of Illinois and Missouri. 

TABLE 2—ANNUAL FOURTH-HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGES IN PPM FOR

THE ST. LOUIS, MO-IL AREA

State/monitoring site 2007 2008 2009 3-Year 

average 

Illinois Sites 

Jerseyville ........................................................................................................ 0.075 0.069 0.068 0.070 

Alton ................................................................................................................. 0.081 0.068 0.067 0.072 

Maryville ........................................................................................................... 0.087 0.070 0.074 0.077 

Wood River ...................................................................................................... 0.086 0.067 0.066 0.073 

East St. Louis .................................................................................................. 0.077 0.064 0.069 0.070 

Missouri Sites 

Arnold ............................................................................................................... 0.087 0.070 0.070 0.075 

Orchard Farm .................................................................................................. 0.083 0.072 0.072 0.075 

West Alton ....................................................................................................... 0.089 0.076 0.071 0.078 

Maryland Heights ............................................................................................. 0.094 0.069 0.067 0.076 

Pacific .............................................................................................................. 0.085 0.064 0.064 0.071 

Blair Street ....................................................................................................... 0.087 0.073 0.065 0.075 

Review of the 2007–2009 ozone 

concentrations and site-specific ozone 

design values (3-year averages) in Tables 

1 and 2 shows that all of the ozone 

monitoring sites in the two areas were 

attaining the 1997 8-hour ozone NAAQS 

during this period. Therefore, based on 

the most recent three years of qualityassured ozone monitoring data, the 1997 

8-hour ozone standard has been attained 

in these areas. Preliminary 2010 ozone 

data show that the 1997 8-hour ozone 

standard continues to be attained in the 

two areas. 

B. EPA’s Analysis of Illinois’ NOX RACT 

Waiver Petition 

EPA’s guidance document, ‘‘Guidance 

on Limiting Nitrogen Oxides (NOX) 

Requirements Related to 8-Hour Ozone 

Implementation,’’ sets forth the criteria 

for demonstrating that further NOX

emission reductions in an ozone 

nonattainment area will not contribute 

to ozone attainment. The guidance 

provides that three consecutive years of 

monitoring data documenting ozone 

levels attaining the ozone NAAQS in 

areas in which a State has not 

implemented certain NOX emission 

controls is adequate to demonstrate that 

the additional NOX emission reductions 

will not aid in achieving attainment of 

the ozone NAAQS. As described in the 

guidance document, approval of the 

NOX emission control exemption is 

granted by the EPA on a contingent 

basis. The NOX emission control 

exemption continues only as long as the 

State continues to monitor attainment of 

the ozone NAAQS. If, prior to 

redesignation of the area to attainment 

of the ozone NAAQS, the area violates 

the 1997 8-hour ozone NAAQS, as 

defined at 40 CFR 50.10 and appendix 

I, EPA will undertake rulemaking to 

withdraw the NOX emission control 

exemption, the area would once again 

be subject to the NOX emission control 

requirements under section 182(f) of the 

CAA. 

EPA’s review of the ozone monitoring 

data and Illinois’ NOX emission control 

exemption request shows that Illinois 

has complied with the requirements for 

a NOX RACT exemption in the State’s 

8-hour ozone nonattainment areas under 

section 182(f) of the CAA consistent 

with the guidelines contained in EPA’s 

January 14, 2005, guidance document. 

Therefore, EPA proposes to determine 

that the State of Illinois qualifies for 

exemption from NOX RACT 

requirements for the Illinois portions of 

the Chicago-Gary-Lake County, IL-IN 

and St. Louis, MO-IL ozone 

nonattainment areas for the purposes of 

attaining the 1997 8-hour ozone 

NAAQS. 

V. What are the environmental effects 

of this action? 

The section 182(f) NOX RACT 

exemption is based on a finding that 

additional reductions of NOX would not 

contribute to attainment of the 1997 

8-hour ozone NAAQS in the ChicagoGary-Lake County, IL-IN and St. Louis, 

MO-IL ozone nonattainment areas. 

These areas have three consecutive 

years of ozone levels attaining the ozone 

standard even though Illinois has not 

implemented NOX RACT rules. 

While EPA is proposing to waive the 

requirements to control NOX emissions 

through NOX RACT in the Illinois ozone 

nonattaiment areas on the basis that 

NOX emission reductions would not 

contribute to attainment of the ozone 

NAAQS in the Chicago-Gary-Lake 

County, IL-IN and St. Louis, MO-IL 

areas, EPA recognizes that there are 

other benefits to controlling NOX

emissions. These benefits include 

reducing acid deposition, reducing 

nitrogen deposition in sensitive 

wetlands, estuaries, and their 

watersheds, and mitigating ozone 

transport to downwind ozone 

nonattainment areas. Illinois will 

continue to be required to control NOX

emissions from certain NOX sources 

under other CAA programs, such as the 

Acid Rain program in title IV of the 

CAA, for purposes of achieving these 

environmental benefits. This proposed 

NOX RACT waiver will not affect other 

existing and pending NOX emission 

control requirements for Illinois needed 

to achieve these environmental benefits. 

In addition, EPA notes that an 

approval of this waiver request is solely 

for purposes of the CAA requirements to 

meet the 1997 8-hour ozone NAAQS. 

The waiver would not apply for 

purposes of the ozone NAAQS 

promulgated in 2008 (March 27, 2008, 

73 FR 16435) or for purposes of any 

future ozone NAAQS EPA may 

promulgate. To the extent section 182(f) 

applies in this area for purposes of the 

2008 or any future ozone NAAQS, the 

State would need to submit a NOX

RACT SIP or would need to demonstrate 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
76336 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

that a waiver is appropriate for purposes 

of that different ozone NAAQS. 

VI. EPA’s Proposed Action 

EPA is proposing approval of Illinois’ 

request to exempt the State’s 8-hour 

ozone nonattainment areas from the 

section 182(f) NOX RACT requirement. 

This proposed approval is based on 

EPA’s review of the evidence that the 

requirements of section 182(f)(1)(A), as 

elaborated upon in EPA’s guidance for 

section 182(f) exemptions, have been 

met for Chicago-Gary-Lake County, ILIN and St. Louis, MO-IL ozone 

nonattainment areas. In the future, if 

EPA determines that a violation of the 

1997 8-hour ozone NAAQS has 

occurred in the Chicago-Gary-Lake 

County, IL-IN area (or at the Chiwaukee 

Prairie monitoring site in Kenosha 

County, Wisconsin) or in the St. Louis, 

MO-IL area while the Illinois portions of 

these ozone nonattainment areas are 

designated as nonattainment for the 

1997 8-hour ozone NAAQS, EPA will 

take action to revoke the exemption. 

Final approval of Illinois’ NOX RACT 

exemption request would suspend a 

requirement for a NOX RACT FIP 

stemming from EPA’s March 24, 2008, 

finding of Illinois’ failure to submit the 

NOX RACT rules. The suspension 

would remain in place contingent upon 

continued attainment of the 1997 8-hour 

ozone NAAQS in the Chicago-Gary-Lake 

County, IL-IN and St. Louis, MO-IL 

areas. If EPA approves a redesignation 

request for either of these areas for the 

1997 8-hour ozone NAAQS, the NOX

RACT FIP clock will permanently stop 

at that time. If EPA determines that 

there is a violation of the 1997 8-hour 

ozone NAAQS while either of these 

areas remain designated as 

nonattainment for the 1997 8-hour 

ozone NAAQS, the NOX RACT waiver 

will no longer be applicable as of the 

effective date of any such determination 

for the violating area by EPA. At that 

time, the NOX RACT FIP requirement 

will no longer be suspended and the 

NOX RACT FIP clock will restart at the 

point at which it stopped. EPA will 

provide notice in the Federal Register of 

any such waiver revocation and of the 

restarting of the NOX RACT FIP clock. 

VII. 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 

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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: November 23, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2010–30840 Filed 12–7–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 58 

[EPA–HQ–OAR–2006–0735; FRL–9236–4] 

Notice of Data Availability Regarding 

Two Studies of Ambient Lead 

Concentrations Near a General 

Aviation Airport 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Data Availability 

(NODA). 

SUMMARY: The EPA issued a final rule 

on November 12, 2008, (effective date 

January 12, 2009) that revised the 

primary and secondary National 

Ambient Air Quality Standards 

(NAAQS) for lead and associated 

monitoring requirements. On December 

30, 2009, EPA proposed revisions to the 

lead monitoring requirements. As part 

of the proposed revisions, EPA 

proposed requiring monitoring near 

general aviation airports estimated to 

have lead emissions of 0.50 tons per 

year or greater. After the proposal was 

published, EPA completed a study of 

ambient lead concentrations near a 

general aviation airport which may be 

referenced by the EPA in preparing the 

final lead monitoring requirements. In 

addition, a final report on one of the 

studies relied on in the proposed rule 

has become available. This action 

announces the availability of these two 

studies in the Revision to Lead Ambient 

Air Monitoring Requirements docket 

(EPA–HQ–OAR–2006–0735). 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding the additional data, 

contact Kevin Cavender, Air Quality 

Assessment Division, C304–06, 

Environmental Protection Agency, U.S. 

EPA (C304–06), AQAD/AAMG, 

Research Triangle Park, NC 27711; 

telephone number: 919–541–2364; fax 

number: 919–541–1903; e-mail address: 

cavender.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What is today’s action? 

This action announces the availability 

of two studies that contain information 

on ambient lead concentrations near an 

airport that has lead emissions from the 

combustion of leaded aviation fuel. The 

first is a local-scale airport modeling 

and monitoring study conducted by the 

EPA to investigate near-source ambient 

lead concentrations attributable to lead 

from the combustion of leaded aviation 

gasoline (EPA, 2010). The second is a 

final report documenting the study 

relied on in the proposed rule which 

was used to identify airports as having 


jlentini on DSKJ8SOYB1PROD with PROPOSALS