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###### Environmental Protection Agency

          - 40 CFR Part 52
          - [EPA-R05-OAR-2009-0964; FRL-9116-9]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Proposed rule.

# SUMMARY:

                        EPA is proposing to approve a revision to the Illinois State Implementation Plan (SIP) that would terminate the provisions of the Nitrogen Oxides (NOX) Budget Trading Program that apply to electric generating units. EPA is no longer operating the NOX                         Budget Trading Program as a compliance option under the NOX                         SIP Call. These sources are now subject to provisions in a newer set of approved Illinois rules that address EPA's Clean Air Interstate Rule (CAIR). For these reasons, the sunset of the NOX                         Budget Trading Program for these sources merely deactivates duplicative rule language.                    

# DATES:

Comments must be received on or before March 31, 2010.

# ADDRESSES:

Submit your comments, identified by Docket ID Number EPA-R05-OAR-2009-0964 by one of the following methods:

                        1.                         *http://www.regulations.gov:*                         Follow the on-line instructions for submitting comments.                    

                        2.                         *E-mail: damico.genevieve@epa.gov.*

                        3.                         *Fax:*                         (312) 385-5501.                    

                        4.                         *Mail:*                         Genevieve Damico, Acting Chief, Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.                    

                        5.                         *Hand Delivery:*                         Genevieve Damico, Acting Chief, Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office 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,                               ( print page 9147)                            8:30 a.m. to 4:30 p.m. excluding Federal holidays.                    

                        Please see the direct final rule which is located in the Rules section of this                         **Federal Register**                         for detailed instructions on how to submit comments.                    

# FOR FURTHER INFORMATION CONTACT:

                        John Summerhays, (312) 886-6067, or by e-mail at                         *summerhays.john@epa.gov.*

# SUPPLEMENTARY INFORMATION:

                    In the Final Rules section of this                     **Federal Register**                    , EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules section of this                     **Federal Register**                    .                

Dated: February 10, 2010.

Walter W. Kovalick, Jr.,

Acting Regional Administrator, Region 5.

[FR Doc. 2010-4087 Filed 2-26-10; 8:45 am]

BILLING CODE 6560-50-P