Friday, 

March 12, 2010 

Part III 

Environmental 

Protection Agency 

40 CFR Parts 52 and 81 

Determination of Attainment, Approval 

and Promulgation of Air Quality 

Implementation and Planning; Indiana; 

Final Rule and Proposed Rule 


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12088 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0512; FRL–9125–6] 

Determination of Attainment, Approval 

and Promulgation of Air Quality 

Implementation Plans; Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking several related 

actions under the Clean Air Act (CAA) 

affecting the Indiana portion (Lake and 

Porter Counties) of the Chicago-GaryLake County, Illinois-Indiana (IL–IN) 

1997 eight-hour ozone nonattainment 

area. First, EPA is making a 

determination that this area has attained 

the 1997 eight-hour ozone National 

Ambient Air Quality Standard 

(NAAQS). In addition, EPA is approving 

a request from the State of Indiana to 

exempt sources of Nitrogen Oxides 

(NOX) in Lake and Porter Counties from 

CAA Reasonably Available Control 

Technology (RACT) requirements. 

DATES: This final rule is effective on 

April 12, 2010. 

ADDRESSES: EPA has established a 

docket for this action: Docket ID No. 

EPA–R05–OAR–2009–0512. All 

documents in the docket are listed on 

the http://www.regulation.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 in 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, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. 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: 

Table of Contents 

I. What is the Background for this Rule? 

II. What Comments did We Receive on the 

Proposed Rules and on the Related 

Interim Final Rule? 

III. What Action is EPA Taking? 

IV. Statutory and Executive Order Reviews 

I. What is the Background for This 

Rule? 

On September 24, 2009, EPA 

proposed to make a determination that 

the Chicago-Gary-Lake County, IL–IN 

ozone nonattainment area has attained 

the 1997 eight-hour ozone NAAQS. That 

determination was based on complete 

quality-assured ambient air quality 

monitoring data for the period of 2006– 

2008. Additional background on the 

applicable NAAQS and EPA’s data are 

contained in that proposed rule (74 FR 

48704–48706) In the same action, EPA 

proposed to approve Indiana’s NOx 

RACT waiver request under section 

182(f) of the CAA, based on the 

proposed determination of attainment. 

In addition, also on September 24, 

2009 (74 FR 48662), EPA published a 

rule in which it made an interim final 

determination that, with respect to the 

NOx RACT requirement, the State had 

corrected a deficiency which had been 

the basis for a sanctions clock. This 

determination was contingent upon 

continued monitored attainment of the 

1997 eight-hour ozone NAAQS. As 

discussed in a proposed rule addressing 

an Indiana ozone redesignation request 

for Lake and Porter Counties, also 

published in today’s Federal Register, 

the Chicago-Gary-Lake County, IL–IN 

area has continued to attain the 1997 

eight-hour ozone NAAQS through 2009. 

II. What Comments did We Receive on 

the Proposed Rules and on the Related 

Interim Final Rule? 

The comment periods for the 

proposed rules and the interim final 

rule closed on October 26, 2009. We did 

not receive any comments. 

III. What Action is EPA Taking? 

Based on three current years of 

quality-assured ozone data, EPA 

determines that the Chicago-Gary-Lake 

County, IL–IN ozone nonattainment area 

is attaining the 1997 eight-hour ozone 

NAAQS. EPA is also approving 

Indiana’s request for a NOx waiver from 

the CAA requirements for RACT rules in 

Lake and Porter Counties. This waiver 

will continue as long as the ChicagoGary-Lake County, IL–IN area continues 

to monitor attainment of the 1997 eighthour ozone standard. If Lake and Porter 

Counties are subsequently redesignated 

to attainment of the 1997 eight-hour 

ozone standard, as requested by the 

State, this waiver will become 

permanent. 

IV. 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). 


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Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Rules and Regulations 12089 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 11, 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, 

Nitrogen dioxide, Ozone, Volatile 

organic compounds. 

Dated: February 25, 2010. 

Walter W. Kovalick Jr., 

Acting Regional Administrator, Region 5. 

■ 40 CFR part 52 is amended as follows: 

PART 55—[AMENDED] 

■ 1. The authority citation for 40 CFR 

part 52 continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart P—Indiana 

■ 2. Section 52.777 is amended by 

adding paragraphs (ll) and (mm) to read 

as follows: 

§ 52.777 Control strategy: Photochemical 

oxidants (hydrocarbons). 

* * * * * 

(ll) Lake/Porter Co 8-hr Ozone NOX

Waiver—On June 5, 2009, the Indiana 

Department of Environmental 

Management (IDEM) requested that EPA 

grant a waiver from the Clean Air Act 

requirement for Nitrogen Oxides (NOX) 

Reasonably Available Control 

Technology (RACT) in Lake and Porter 

Counties. After review of this 

submission, EPA approves and grants 

this NOX RACT waiver to Lake and 

Porter Counties. 

(mm) Lake/Porter Co 8-hr Ozone 

Finding of Attainment—On June 5, 

2009, the Indiana Department of 

Environmental Management (IDEM) 

requested that EPA find that the Indiana 

portion of the Chicago-Gary-Lake 

County, Illinois-Indiana (IL-IN) ozone 

nonattainment area has attained the 

1997 8-hour ozone National Ambient 

Air Quality Standard (NAAQS). After 

review of this submission and 2006– 

2008 ozone air quality data for this 

ozone nonattainment area, EPA finds 

that Lake and Porter Counties and the 

entire Chicago-Gary-Lake County, IL-IN 

area have attained the 1997 8-hour 

ozone NAAQS. 

[FR Doc. 2010–5110 Filed 3–11–10; 8:45 am] 

BILLING CODE 6560–50–P 


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