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
64952 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Rules and Regulations 

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 preexisting 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. 

■ 40 CFR part 52 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 O—Illinois 

■ 2. Section 52.726 is amended by 

adding paragraph (hh) to read as 

follows: 

§ 52.726 Control strategy: Ozone. 

* * * * * 

(hh) Disapproval. EPA is 

disapproving 35 Illinois Administrative 

Code part 217, subpart X, Voluntary 


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

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2010–0415; FRL–9210–3] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a revision to 

a State Implementation Plan (SIP) 

submitted by the State of Missouri. The 

purpose of this revision is to update the 

Springfield City Code and is part of 

ongoing SIP maintenance to assure that 

outdated local codes and ordinances do 

not remain in the SIP. The revision 

reflects updates to the Missouri 

statewide rules, and will ensure 

consistency between the applicable 

local agency rules and the Federally 

approved rules. 

DATES: This direct final rule will be 

effective December 20, 2010, without 

further notice, unless EPA receives 

adverse comment by November 22, 

2010. If EPA receives adverse comment, 

we will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2010–0415, by one of the 

following methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: kemp.lachala@epa.gov. 

3. Mail or Hand Delivery: Lachala 

Kemp, Environmental Protection 

Agency, Air Planning and Development 

Branch, 901 North 5th Street, Kansas 

City, Kansas 66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2010– 

0415. 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 through http:// 

www.regulations.gov or e-mail 

information that you consider to be CBI 

or otherwise protected. 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 or 

viruses. 

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, i.e., 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 form. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

901 North 5th Street, Kansas City, 

Kansas 66101. The Regional Office’s 

official hours of business are Monday 

through Friday, 8 to 4:30 excluding 

Federal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Lachala Kemp at 913–551–7214, or by 

e-mail at kemp.lachala@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ or 

‘‘our’’ refer to EPA. This section provides 

additional information by addressing 

the following questions: 

I. What is being addressed in this document? 

II. What revisions is EPA approving? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

On January 21, 2009, EPA received a 

request from the Missouri Department of 

Natural Resources to approve revisions 

to the SIP relating to changes in the SIPapproved program for Springfield, 

Missouri. In order for the local 

program’s ‘‘Air Pollution’’ rules to be 

incorporated into the Federallyenforceable SIP, on behalf of the local 

agency, the State must submit the 

formally adopted regulations which are 

consistent with State and Federal 

requirements to EPA for inclusion in the 

SIP. The regulation adoption process 

generally includes public notice of a 

public comment period and a public 

hearing, and formal adoption of the rule 

by the State authorized rulemaking 

body. In this case that rulemaking body 

is the local agency. After the local 

agency formally adopts the rule, the 

local agency submits the rulemaking to 

the State, and then the State submits the 

rulemaking to EPA for consideration for 

formal action (inclusion of the 

rulemaking into the SIP). EPA must 

provide public notice and seek 

additional public comment regarding 

the proposed Federal action on the 

State’s submission. 

The 2009 revisions for Springfield 

consist of administrative changes, 

removing Springfield City Code Chapter 

2A and replacing it with the Springfield 

City Code Chapter 6. EPA had 

previously approved portions of Chapter 

2A, as it relates to regulation of 

incinerators. In general, these changes 

are administrative only and they do not 

add any new limitations, conditions or 

requirements. The revisions retain all 

previous sections pertaining to 

definitions, test methods and tables, 

stack emission test methods, and 

emission limitations for incinerators, 

but with new numbering and titles. The 

revision also removes compliance 

schedules for incinerators which were 

not in compliance upon the original 

effective date of the rule (1969). 

II. What revision is EPA approving? 

EPA is approving revisions to the 

relevant portions of Springfield City 

Code Chapter 2A ‘‘Air Pollution Control 

Standards’’, which are now found in 

Chapter 6 of the Code. The local 

agency’s ‘‘Air Pollution Control 

Standards’’ were revised as follows: 

Article I, section 2A has been 

renumbered as Chapter 6 with other 

corresponding renumbering within the 

chapter. 

All previous sections pertaining to 

definitions, test methods and tables, 

stack emission test methods, and 

incinerators have all been retained, but 

with new numbering and titles. 


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