```

[Federal Register: October 21, 2010 (Volume 75, Number 203)]
[Rules and Regulations]               
[Page 64951-64953]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc10-3]                         

-----------------------------------------------------------------------

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

[[Page 64952]]

unacceptably allows the use of 40 CFR part 60 emission monitoring 
requirements rather than 40 CFR part 75 monitoring requirements 
required of other sources involved in the NOX Budget Trading 
Program; and, (5) the rule contains other minor deficiencies as noted 
in our March 4, 2008, proposed rule. Together, these problems led us to 
propose disapproval of the Subpart X rule as a revision to the Illinois 
SIP.
    We have received no public comments or additional supporting 
documentation from the State that reverses or negates the above 
concerns. Therefore, these concerns remain as the bases for this final 
action.

V. Final Action

    EPA is disapproving Illinois' 35 Illinois Administrative Code 
(IAC), part 217, subpart X rule submitted as a requested SIP revision 
on May 1, 2001.

VI. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and, therefore, is 
not subject to review by the Office of Management and Budget.

Executive Order 13211: Actions That Significantly Affect Energy Supply, 
Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' this action 
is also not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves State law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by State law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under State 
law and does not impose any additional enforceable duty beyond that 
required by State law, it 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).

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (59 
FR 22951, November 9, 2000).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it 
does not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely approves a State rule implementing a 
Federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act (CAA).

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it approves a State rule implementing a 
Federal Standard.

National Technology Transfer Advancement Act

    In reviewing State submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a State submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a State 
submission, to use VCS in place of a State submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Congressional Review Act

    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 rule 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. 
section 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 December 20, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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, Ozone, Reporting and 
recordkeeping requirements.

    Dated: October 7, 2010.
Susan Hedman,
Regional Administrator, Region 5.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart O--Illinois

0
2. Section 52.726 is amended by adding paragraph (hh) to read as 
follows:

Sec.  52.726  Control strategy: Ozone.

* * * * *
    (hh) Disapproval. EPA is disapproving 35 Illinois Administrative 
Code part 217, subpart X, Voluntary

[[Page 64953]]

NOX Emissions Reduction Program, as a revision to the 
Illinois SIP.

[FR Doc. 2010-26438 Filed 10-20-10; 8:45 am]
BILLING CODE 6560-50-P
```