Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 55545 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 21, 

2005. 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

Dated: September 13, 2005. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

■ 40 CFR parts 52 and 81 are amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

Subpart O—Illinois 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.725 is amended by 

adding a new paragraph (h) to read as 

follows: 

§ 52.725 Control Strategy: Particulates. 

* * * * * 

(h) Approval—On August 2, 2005, the 

State of Illinois submitted a request to 

redesignate the Lyons Township 

(McCook), Cook County particulate 

matter nonattainment area to attainment 

of the NAAQS for particulate matter 

with an aerodynamic diameter less than 

or equal to a nominal 10 micrometers 

(PM–10). In its submittal, the State also 

requested that EPA approve the 

maintenance plan for the area into the 

Illinois PM SIP. The redesignation 

request and maintenance plan meet the 

redesignation requirements of the Clean 

Air Act. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. In § 81.314, the table entitled 

‘‘Illinois PM–10’’ is amended by 

revising the entry a. Lyons Township to 

read as follows: 

§ 81.314 Illinois. 

* * * * * 

ILLINOIS—PM–10 

Designated area 

Designation Classification 

Date Type Date Type 

Cook County: 

a. Lyons Township ........................................................... 11/21/2005 Attainment. 

*******

* * * * * 

[FR Doc. 05–18958 Filed 9–21–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R05–OAR–2005–IL–0003; FRL–7973–2] 

Designation of Areas for Air Quality 

Planning Purposes; Illinois; Lake 

Calumet PM–10 Redesignation and 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving the State of 

Illinois’ request to redesignate to 

attainment the Lake Calumet (Southeast 

Chicago) area currently designated as 

nonattainment of the National Ambient 

Air Quality Standard (NAAQS) for 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

10 micrometers (PM–10). We are also 

approving the Lake Calumet 

maintenance plan, submitted by the 

Illinois Environmental Protection 

Agency (IEPA) on August 2, 2005, and 

as supplemented on September 8, 2005, 

as a revision to the PM–10 State 

Implementation Plan (SIP) for this area. 

DATES: This ‘‘direct final’’ rule is 

effective on November 21, 2005, unless 

EPA receives adverse written comments 

by October 24, 2005. If EPA receives 

adverse comment, it will publish a 

timely withdrawal of the rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit comments, 

identified by Regional Material in 

EDocket (RME) ID No. R05–OAR–2005–

IL–0003, by one of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

Agency Web site: http:// 

docket.epa.gov/rmepub/. Regional RME, 

EPA’s electronic public docket and 

comments system, is EPA’s preferred 

method for receiving comments. Once 

in the system, select ‘‘quick search,’’

then key in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

E-mail: mooney.john@epa.gov. 

Fax: (312)886–5824. 

Mail: You may send written 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

Hand delivery: Deliver your 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

18th floor, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

55546 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 

Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding Federal holidays. 

Instructions: Direct your comments to 

RME ID No. R05–OAR–2005–IL–0003. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, 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 RME, regulations.gov, 

or e-mail. The EPA RME Web site and 

the Federal regulations.gov Web site are 

‘‘anonymous access’’ systems, 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 RME or 

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. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of the related proposed rule which is 

published in the Proposed Rules section 

of this Federal Register. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://docket.epa.gov/rmepub/. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy at Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. We 

recommend that you telephone Christos 

Panos, Environmental Engineer, at (312) 

353–8328 before visiting the Region 5 

office. This Facility is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Christos Panos, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8328. 

panos.christos@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplemental information 

section is arranged as follows: 

I. What Action Is EPA Taking? 

II. What Is the Background for this Action? 

III. Why Was this SIP Revision Submitted? 

IV. What Requirements Must Be Met for 

Approval of a Redesignation, and How 

Did the State Meet Them? 

A. Attainment of the PM–10 NAAQS 

B. State Implementation Plan Approval 

C. Improvement in Air Quality Due to 

Permanent and Enforceable Measures 

D. Applicable Requirements of Section 110 

and Part D of the Act 

1. Section 110 Requirements. 

2. Part D Requirements. 

E. Fully Approved Maintenance Plan 

Under Section 175A of the Act 

1. Attainment Inventory. 

2. Maintenance Demonstration and 

Verification of Continued Attainment. 

3. Monitoring Network. 

4. Contingency Plan. 

V. Rulemaking Action. 

VI. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

We are approving the State of Illinois’

request to redesignate the Lake Calumet 

PM–10 nonattainment area to 

attainment of the PM–10 NAAQS that 

was submitted on August 2, 2005, and 

as supplemented on September 8, 2005. 

We are also approving the maintenance 

plan for this area into the Illinois SIP. 

II. What Is the Background for this 

Action? 

On July 1, 1987 (52 FR 24634), EPA 

revised the NAAQS for particulate 

matter with the PM–10 indicator. (See 

40 CFR 50.6). The 24-hour primary PM–

10 standard is 150 micrograms per cubic 

meter (μg/m3), with no more than one 

expected exceedance per year. The 

annual primary PM–10 standard is 50 

μg/m3, expected annual arithmetic 

mean averaged over three years. The 

secondary PM–10 standards are 

identical to the primary standards. 

Under section 107(d)(4)(B) of the 

Clean Air Act (Act), as amended on 

November 15, 1990, certain areas were 

designated nonattainment for PM–10 

and were classified as ‘‘moderate’’. 

These initial areas included the Lake 

Calumet, Illinois, PM–10 nonattainment 

area. 

On July 18, 1997 (62 FR 38652), EPA 

added a fine particle NAAQS, for 

particulate matter less than 2.5 microns 

in aerodynamic diameter (PM2.5). EPA 

classified the Chicago metropolitan area, 

which includes the Lake Calumet area, 

as a PM2.5 nonattainment area on 

January 5, 2005. 

III. Why Was This SIP Revision 

Submitted? 

IEPA believes that the Lake Calumet 

PM–10 nonattainment area is eligible for 

redesignation because we have 

approved the PM–10 SIP for this area 

and monitoring data demonstrate that 

this area has been attaining the PM–10 

NAAQS since 1993. Under a cover letter 

dated August 2, 2005, and as 

supplemented on September 8, 2005, 

the State submitted a redesignation 

request for the Lake Calumet PM–10 

nonattainment area. A public hearing 

was held on July 27, 2005. The State did 

not receive any adverse comments 

during the public hearing or the 30-day 

comment period. The redesignation 

request contains text describing how the 

statutory requirements were met and 

consists primarily of a maintenance 

plan and air quality monitoring data for 

the area. 

IV. What Requirements Must Be Met for 

Approval of a Redesignation, and How 

Did the State Meet Them? 

Section 107(d)(3)(D) of the Act allows 

the Governor of a State to request the 

redesignation of an area from 

nonattainment to attainment. The 

criteria used to review redesignation 

requests are derived from the Act, the 

general preamble to Title I of the Clean 

Air Act Amendments of 1990 (57 FR 

13498), and a September 4, 1992 policy 

and guidance memorandum entitled 

‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment.’’ An 

area can be redesignated to attainment 

if the following conditions are met: 

1. The area has attained the applicable 

NAAQS; 

2. The area has a fully approved SIP 

under section 110(k) of the Act; 

3. The air quality improvement must 

be permanent and enforceable; 

4. The area has met all relevant 

requirements under section 110 and Part 

D of the Act; 

5. The area must have a fully 

approved maintenance plan pursuant to 

section 175A of the Act. 

A. Attainment of the PM–10 NAAQS 

A state must demonstrate that an area 

has attained the PM–10 NAAQS through 

submittal of ambient air quality data 

from an ambient air monitoring network 

representing peak PM–10 

concentrations. The data, which must be 

quality assured and recorded in the 

Aerometric Information Retrieval 

System (AIRS), must show that the 

average annual number of expected 

Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 55547 

exceedances for the area is less than or 

equal to 1.0, pursuant to 40 CFR section 

50.6. The data must represent the most 

recent three consecutive years of 

complete ambient air quality monitoring 

data collected in accordance with EPA 

methodologies. 

The Cook County Department of 

Environmental Control currently 

operates two PM–10 monitoring sites in 

the Lake Calumet nonattainment area 

under agreement with IEPA. The State 

submitted ambient air quality data and 

supporting documentation from each 

monitoring site for the 2001–2003 

period demonstrating that the area has 

attained the PM–10 NAAQS. This air 

quality data was quality assured and 

placed in AIRS. There were no 

exceedances of the 24-hour or annual 

PM–10 NAAQS recorded at these 

monitors during this time period. 

Therefore, the State has adequately 

demonstrated, through ambient air 

quality data, that the PM–10 NAAQS 

has been attained in Lake Calumet, with 

2003 as the attainment year. 

B. State Implementation Plan Approval 

Those States containing initial 

moderate PM–10 nonattainment areas 

were required to submit by November 

15, 1991 a SIP which implemented 

reasonably available control measures 

(RACM) by December 10, 1993 and 

demonstrated attainment of the PM–10 

NAAQS by December 31, 1994. In order 

to be redesignated, the SIP for the area 

must be fully approved under section 

110(k) of the Act, and must satisfy all 

requirements that apply to the area. 

Illinois submitted the required SIP 

revisions for the Lake Calumet PM–10 

nonattainment area on May 15, 1992. 

Upon review of Illinois’ submittal, we 

identified several concerns. Illinois 

submitted a letter on March 2, 1994, 

committing to satisfy all of these 

concerns within one year of final 

conditional approval. On May 25, 1994, 

we proposed to conditionally approve 

the SIP (59 FR 26988). Final conditional 

approval was published on November 

18, 1994 (59 FR 59653). Illinois made 

several submittals to correct the 

remaining deficiencies and meet all of 

the commitments of the conditional 

approval. EPA fully approved the Lake 

Calumet PM–10 nonattainment area SIP 

on July 14, 1999 (64 FR 37847). With 

this approval, Illinois had fulfilled all 

Clean Air Act requirements for Part D 

plans for the Lake Calumet moderate 

PM–10 nonattainment area. 

C. Improvement in Air Quality Due to 

Permanent and Enforceable Measures 

The State must be able to reasonably 

attribute the improvement in air quality 

to permanent and enforceable emission 

reductions. In making this showing, the 

State must demonstrate that air quality 

improvements are the result of actual, 

enforceable emission reductions. 

The State provided a discussion of the 

PM–10 emission reductions in Lake 

Calumet for the years 1993–2003. PM–

10 emissions dropped significantly in 

the area in 1994 as a result of the control 

measures included in the PM–10 SIP 

approved by EPA in 1999. The State has 

adequately demonstrated in its 

submittal that the improvement in air 

quality is due to permanent and 

enforceable emission reductions of over 

1500 tons per year of PM–10 in Lake 

Calumet as a result of implementing the 

federally enforceable control measures 

in the SIP. 

D. Applicable Requirements of Section 

110 and Part D of the Act 

To be redesignated to attainment, 

section 107(d)(3)(E) requires that an area 

must have met all applicable 

requirements of section 110 and of part 

D of the Act. The EPA interprets this to 

mean that for a redesignation request to 

be approved, the State must have met all 

requirements that applied to the subject 

area prior to or at the time of a complete 

redesignation request. 

1. Section 110 Requirements. Section 

110(a)(2) contains general requirements 

for nonattainment plans. For purposes 

of redesignation, the Illinois SIP was 

reviewed to ensure that all applicable 

requirements under the amended Act 

were satisfied. Title 40 CFR Part 52, 

subpart O, further evidences that the 

Illinois SIP was approved under section 

110 of the Act and, we have found that 

the SIP satisfies all Part D requirements. 

2. Part D Requirements. Before a PM–

10 nonattainment area may be 

redesignated to attainment, the State 

must have fulfilled the applicable 

requirements of Part D. Subpart 1 of Part 

D establishes the general requirements 

applicable to all nonattainment areas 

and subpart 4 of Part D establishes 

specific requirements applicable to PM–

10 nonattainment areas. 

The requirements of sections 172(c) 

and 189(a) regarding attainment of the 

PM–10 NAAQS, and the requirements 

of section 172(c) regarding reasonable 

further progress, imposition of RACM, 

the adoption of contingency measures, 

and the submission of an emission 

inventory have been satisfied through 

the 1999 approval of the Lake Calumet 

PM–10 SIP (64 FR 37847). The 

requirements of the Part D—New Source 

Review (NSR) permit program will be 

replaced by the Part C—Prevention of 

Significant Deterioration (PSD) program 

for major new sources of PM–10 once 

the area has been redesignated. Because 

the PSD program was delegated to the 

State of Illinois on February 28, 1980, 

and amended on November 17, 1981, it 

will become fully effective immediately 

upon redesignation. However, because 

this area is included within the Chicago 

PM2.5 nonattainment area, the 

requirements of the Part D NSR permit 

program will also continue to apply to 

new or modified sources of particulate 

matter, with the exception that PM2.5

will now be the indicator for particulate 

matter rather than PM–10. 

E. Fully Approved Maintenance Plan 

Under Section 175A of the Act 

Section 175A of the Act requires 

states that submit a redesignation 

request for a nonattainment area under 

section 107(d) to include a maintenance 

plan to ensure that the attainment of 

NAAQS for any pollutant is maintained. 

The plan must demonstrate continued 

attainment of the applicable NAAQS for 

at least ten years after the approval of a 

redesignation to attainment. Eight years 

after the redesignation, the State must 

submit a revised maintenance plan 

demonstrating attainment for the ten 

years following the initial ten year 

period. The basic components needed to 

ensure proper maintenance of the 

NAAQS are: Attainment inventory, 

maintenance demonstration, verification 

of continued attainment, commitment to 

maintain the ambient air monitoring 

network, and a contingency plan. EPA 

is approving the Lake Calumet 

maintenance plans as discussed below. 

1. Attainment Inventory. Appendix B 

of the state’s submittal contains an 

inventory of the reported 2003 PM–10 

emissions for industrial facilities 

located in the Lake Calumet 

nonattainment area. 

2. Maintenance Demonstration and 

Verification of Continued Attainment. 

The State of Illinois has adequately 

demonstrated attainment and 

maintenance of the PM–10 NAAQS 

through its commitment to maintain the 

existing control requirements for point 

sources and fugitive dust sources 

contained in the PM–10 SIP for this 

area. Illinois is required to submit to 

EPA any changes to its rules or emission 

limits applicable to PM–10 sources in 

Lake Calumet for approval as a revision 

to the SIP, and will include, where 

appropriate, a demonstration that the 

changes will not interfere with 

maintenance of the PM–10 NAAQS. 

Further, projected emission trends for 

the years 2002–2014 from EPA’s 

Nonroad emission model and EPA’s 

Mobile 6.2 emission model both 

indicate that projected PM–10 emissions 

for both on-road and off-road mobile 

55548 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 

sources will decrease significantly over 

the next ten year period. For off-road 

sources in Cook County, the modeling 

predicts a decrease of over 650 tons/year 

of PM–10 in 2014 from 2002 levels. For 

on-road sources in Cook County, the 

modeling predicts a decrease of over 60 

tons/year of PM–10 in 2014 from 2002 

levels. The maintenance plan for this 

area also contains a commitment from 

the State to revise and submit a new 

maintenance plan within eight years of 

approval of this redesignation. In 

addition, Illinois will be required to 

develop and implement a plan to 

address PM2.5 that will further improve 

air quality for particulate matter in this 

area. Future emission reductions needed 

to attain the PM2.5 NAAQS will also 

help to ensure continued attainment of 

the PM–10 NAAQS in the Lake Calumet 

area. 

3. Monitoring Network. Once an area 

has been redesignated, the State must 

continue to operate an appropriate air 

quality monitoring network, in 

accordance with 40 CFR part 58, to 

verify the attainment status of the area. 

The maintenance plan should contain 

provisions for continued operation of air 

quality monitors that will provide such 

verification. In its submittal, the State 

commits to continue to operate and 

maintain the network of PM–10 

monitoring stations to demonstrate 

ongoing compliance with the PM–10 

NAAQS. IEPA will consult with EPA 

Region 5 staff prior to making any 

changes to the existing monitoring 

network should changes be necessary in 

the future. 

4. Contingency Plan. Section 175A of 

the Act also requires that a maintenance 

plan include contingency measures, as 

necessary, to promptly correct any 

violation of the NAAQS that occurs after 

redesignation of the area. These 

contingency measures are distinguished 

from those generally required for 

nonattainment areas under section 

172(c)(9). However, if an area has been 

able to attain the NAAQS without 

implementation of the Part D 

nonattainment SIP contingency 

measures, and the contingency plan 

includes a requirement that the State 

will implement all of the PM–10 control 

measures which were contained in the 

SIP before redesignation to attainment, 

then the State can carry over into the 

area’s maintenance plan the Part D SIP 

measures not previously implemented. 

IEPA will rely on ambient air 

monitoring data in the Lake Calumet 

area to track compliance with the PM–

10 NAAQS and to determine the need 

to implement contingency measures. In 

the event that an exceedance of the PM–

10 NAAQS occurs, the State will 

expeditiously investigate and determine 

the source(s) that caused the exceedance 

and/or violation, and enforce any SIP or 

permit limit that is violated. If there is 

a violation of the PM–10 NAAQS, and 

it is not due to an exceptional event, 

malfunction, or noncompliance with a 

permit condition or rule requirement, 

IEPA will determine additional control 

measures needed to assure future 

attainment of the PM–10 NAAQS. 

Control measures that can be 

implemented in a short time will be 

selected in order to be in place within 

eighteen (18) months from the time that 

IEPA determined that a violation 

occurred. Although the point sources 

listed in the inventory will be the 

primary focus, the possibility that the 

problem is attributable to new or 

previously unknown PM–10 sources 

will be considered. Illinois will submit 

to EPA an analysis to demonstrate that 

the proposed measures are adequate to 

return the area to attainment. Adoption 

of any additional control measures is 

subject to the necessary administrative 

and legal process. This process will 

include publication of notices, an 

opportunity for public hearing, and 

other measures required by Illinois law. 

V. Rulemaking Action 

EPA is approving the State of Illinois’

request to redesignate the Lake Calumet 

(Southeast Chicago) PM–10 

nonattainment area to attainment. EPA 

is also approving Illinois’ maintenance 

plan for the Lake Calumet 

nonattainment area as a SIP revision 

because it meets the requirements of 

section 175A of the Act. We are 

publishing this action without prior 

proposal because we view this as a 

noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective November 21, 2005 without 

further notice unless we receive relevant 

adverse written comments by October 

24, 2005. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. If we do not receive any 

comments, this action will be effective 

November 21, 2005. 

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 

Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 55549 

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. 

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 is not 

economically significant. 

National Technology Transfer 

Advancement Act 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. 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 SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. 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. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 21, 

2005. 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

Dated: September 13, 2005. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

■ 40 CFR parts 52 and 81 are amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

Subpart O—Illinois 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.725 is amended by 

adding a new paragraph (i) to read as 

follows: 

§ 52.725 Control Strategy: Particulates. 

* * * * * 

(i) Approval—On August 2, 2005, and 

as supplemented on September 8, 2005, 

the State of Illinois submitted a request 

to redesignate the Lake Calumet 

(Southeast Chicago), Cook County 

particulate matter nonattainment area to 

attainment of the NAAQS for particulate 

matter with an aerodynamic diameter 

less than or equal to a nominal 10 

micrometers (PM–10). In its submittal, 

the State also requested that EPA 

approve the maintenance plan for the 

area into the Illinois PM SIP. The 

redesignation request and maintenance 

plan meet the redesignation 

requirements of the Clean Air Act. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. In § 81.314, the table entitled 

‘‘Illinois PM–10’’ is amended by 

revising entry b. for Cook County to read 

as follows: 

§ 81.314 Illinois. 

* * * * * 

ILLINOIS—PM–10 

Designated area 

Designation Classification 

Date Type Date Type 

Cook County: 

* * * * * * * 

b. The area bounded on the north by 79th Street, on the 

west by Interstate 57 between Sibley Boulevard and 

Interstate 94 and by Interstate 94 between Interstate 

57 and 79th Street, on the south by Sibley Boulevard, 

and on the east by the Illinois/Indiana State line.

11/21/05 Attainment. 

* * * * * * * 

55550 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 

[FR Doc. 05–18957 Filed 9–21–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R04–OAR–2005–KY–0001–200521(a); FRL–

7972–9] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Kentucky; Redesignation of 

the Christian County, Kentucky Portion 

of the Clarksville-Hopkinsville 8-Hour 

Ozone Nonattainment Area to 

Attainment for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: On March 21, 2005, the 

Commonwealth of Kentucky, through 

the Kentucky Division For Air Quality 

(KDAQ), submitted a request for parallel 

processing and on May 20, 2005, 

submitted a final request: To redesignate 

the Christian County, Kentucky portion 

of the Clarksville-Hopkinsville 8-hour 

ozone nonattainment area to attainment 

for the 8-hour ozone National Ambient 

Air Quality Standard (NAAQS); and for 

EPA approval of a Kentucky State 

Implementation Plan (SIP) revision 

containing a 12-year maintenance plan 

for Christian County, Kentucky. The 

interstate Clarksville-Hopkinsville 8- 

hour ozone nonattainment area is 

comprised of two counties (i.e., 

Christian County, Kentucky and 

Montgomery County, Tennessee). EPA 

is approving the 8-hour ozone 

redesignation request for the Christian 

County, Kentucky portion of the 

Clarksville-Hopkinsville 8-hour ozone 

nonattainment area. Additionally, EPA 

is approving the 8-hour ozone 

maintenance plan for Christian County, 

Kentucky. This approval is based on 

EPA’s determination that the 

Commonwealth of Kentucky has 

demonstrated that Christian County, 

Kentucky has met the criteria for 

redesignation to attainment specified in 

the Clean Air Act (CAA), including the 

determination that the entire 

Clarksville-Hopkinsville 8-hour ozone 

nonattainment area has attained the 8- 

hour ozone standard. On June 29, 2005, 

the State of Tennessee submitted a 

redesignation request and maintenance 

plan for the Montgomery, Tennessee 

portion of this area for EPA parallel 

processing. In this action, EPA is also 

providing information on the status of 

its transportation conformity adequacy 

determination for the new motor vehicle 

emissions budgets (MVEBs) for the years 

2004 and 2016 that are contained in the 

12-year 8-hour ozone maintenance plan 

for Christian County, Kentucky. EPA is 

approving such MVEBs. 

DATES: This rule is effective on 

November 21, 2005, without further 

notice, unless EPA receives adverse 

written comments by October 24, 2005. 

If EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID No. R04–OAR–2005–

KY–0001, by one of the following 

methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/ RME. EPA’s 

electronic public docket and comment 

system is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: difrank.stacy@epa.gov. 

4. Fax: 404.562.9019. 

5. Mail: ‘‘R04–OAR–2005–KY–0001,’’

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

6. Hand Delivery or Courier. Deliver 

your comments to: Stacy DiFrank, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

RME ID No. R04–OAR–2005–KY–0001. 

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:// 

docket.epa.gov/rmepub/, 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 RME, regulations.gov, 

or e-mail. The EPA RME Web site and 

the federal regulations.gov Web site are 

‘‘anonymous access’’ systems, 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 RME or 

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 

electronic docket are listed in the RME 

index at http://docket.epa.gov/rmepub/. 

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, 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 RME or 

in hard copy at the Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. 

FOR FURTHER INFORMATION CONTACT: 

Stacy DiFrank, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9042. 

Ms. Stacy DiFrank can also be reached 

via electronic mail at 

difrank.stacy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What are the Actions is EPA Taking?