30466 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Rules and Regulations 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing a mobile safety 

zone around a parade of vessels and is 

expected to have no impact on the 

water. This zone is designed to protect 

mariners from the hazards associated 

with vessel parades. An environmental 

analysis checklist and a categorical 

exclusion determination are available in 

the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T05–0405 to read as 

follows: 

§ 165.T05–0405 Safety Zone: Harborfest 

2009, Parade of Sail, Elizabeth River, 

Norfolk, VA. 

(a) Regulated Area: The following area 

is a safety zone: specified waters of the 

Elizabeth River 300 yards ahead of, 100 

yards abeam of, and all waters between 

all vessels participating in the Parade of 

Sail, transiting from Sewell’s Point, 

Virginia enroute to Town Point Park, 

Norfolk, Virginia. 

(b) Definition: For the purposes of this 

part, Captain of the Port Representative 

means any U.S. Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port, Hampton Roads, Virginia to 

act on his behalf. 

(c) Regulations: (1) In accordance with 

the general regulations in 165.23 of this 

part, entry into this zone is prohibited 

unless authorized by the Captain of the 

Port, Hampton Roads or his designated 

representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

number (757) 638–6641. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement Period: This 

regulation will be in effect from 10 a.m. 

July 3, 2009 to 3 p.m. on July 5, 2009. 

Dated: June 16, 2009. 

M.S. Ogle, 

Captain, U.S. Coast Guard, Captain of the 

Port Hampton Roads. 

[FR Doc. E9–15191 Filed 6–25–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–1131; FRL–8921–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Oxides of Nitrogen Regulations, Phase 

II 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a request 

submitted by the Illinois Environmental 

Protection Agency (Illinois EPA) on 

October 23, 2007, to revise the Illinois 

State Implementation Plan (SIP). The 

State has submitted revisions to 35 

Illinois Administrative Code (Ill. Adm. 

Code) parts 211 and 217. The submitted 

revisions are final and adopted in the 

Ill. Adm. Code, and pertain to 

definitions and general provisions, and 

control of Nitrogen Oxides (NOX). The 

rules satisfy the requirements of EPA’s 

NOX SIP Call Phase II Rule (the Phase 

II Rule). We are approving these 

regulations based on Illinois’ 

demonstration that the State will meet 

the emissions targets set forth in the 

Phase II Rule through reductions from 

stationary internal combustion (IC) 

engines and turbines which are 

identified in the NOX plan submittal. 

Limiting NOX emissions from IC engines 

and turbines will enable the State to 

meet the 7,055 ton reduction 

requirement contained in the Phase II 

Rule, thereby improving air quality and 

protecting the health of Illinois citizens. 

DATES: This direct final will be effective 

August 25, 2009, unless EPA receives 

adverse comments by July 27, 2009. If 

adverse comments are received, EPA 

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–R05– 

OAR–2007–1131, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

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

3. Fax: (312) 692–2551. 

Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Rules and Regulations 30467 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

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, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2007– 

1131. 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 information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. 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, e.g., 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. 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 Andy 

Chang, Environmental Engineer, at (312) 

886–0258 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, 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) 886–0258, 

chang.andy@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. Background 

II. Who Is Affected by the New Rule and the 

Amended Rules? 

III. What Does Approval of This Rule 

Accomplish? 

IV. How Are Owners and Operators Expected 

To Comply With the New Requirement? 

V. What Action Is EPA Taking? 

VI. Statutory and Executive Order Reviews 

I. Background 

On October 27, 1998 (63 FR 57356), 

EPA issued the NOX SIP Call, which 

required 22 States, including Illinois, to 

prepare plans to reduce the transport of 

ozone throughout the eastern part of the 

United States. This was to be 

accomplished by reducing emissions of 

NOX from selected source categories, 

primarily major fuel burning sources, 

using available cost-effective measures. 

The rule established a cap on emissions 

of NOX from each State. States had 

flexibility in determining which fuel 

burning sources were to be included in 

their rules. For the most part, States 

targeted NOX reductions from electric 

utilities and other large industrial 

boilers, cement kilns, and IC engines as 

sources which could be controlled in a 

cost-effective manner. Background 

information in this regard is available 

from documents prepared by EPA, and 

can be found at http://www.epa.gov/ 

airmarkets/progsregs/nox/sip.html. 

Some States and industry challenged 

the rule. In Michigan v. EPA, 213 F.3d 

663 (D.C.Cir. 2000), the U.S. Court of 

Appeals for the District of Columbia 

Circuit largely upheld EPA’s 

rulemaking. It did, however, remand a 

portion of the rule concerning IC 

engines to EPA for further notice and 

public comment. 

Subsequent to the Court’s decision, 

EPA proceeded initially with rules 

concerning electric generating units 

(EGU), industrial boilers (non-EGU), and 

cement kilns as Phase I sources. The IC 

engines fell into the Phase II group, to 

be addressed at a later date. Illinois 

adopted its Phase I rules and submitted 

them to EPA; EPA approved them on 

June 28, 2001 (66 FR 34382) and 

November 21, 2001 (66 FR 56454). 

On April 21, 2004 (69 FR 21603), EPA 

issued the Phase II Rule. It required 

most States with Phase I budget 

programs to submit a Phase II plan to 

achieve incremental reductions not 

addressed by Phase I rules. The Phase 

II Rule also identified the additional 

NOX budget reductions (incremental 

reductions) that States would have to 

achieve by regulating large (greater than 

one ton per day emissions) IC engines. 

EPA calculated the amount of 

incremental reductions required by 

recalculating the overall budget to 

reflect a control level of 82 percent from 

natural gas-fired lean-burn IC engines 

with greater than one ton per day NOX

emissions. Illinois EPA drafted revisions 

to the SIP (35 Ill. Adm. Code Parts 211 

and 217) based on guidance from EPA 

dated September 19, 2004, which 

contained an example model rule (the 

Model Rule). 

On April 6, 2007, Illinois EPA filed 

proposed amendments to 35 Ill. Adm. 

Code parts 211 and 217 in order to 

satisfy the requirements of EPA’s Phase 

II Rule with the Illinois Office of the 

Clerk of the Pollution Control Board (the 

Board). The Board issued a First Notice 

Opinion and Order on April 19, 2007, 

and the public process started on April 

20, 2007, when the Board issued a 

Notice of Hearings. The first hearing 

occurred on May 21, 2007, in 

Springfield, and the second on June 19, 

2007, in Chicago. Most notably, the 

State received one set of comments from 

ANR Pipeline Company, Natural Gas 

Pipeline Company, Trunkline Gas 

Company, and Panhandle Eastern 

Pipeline Company (the Pipeline 

Consortium). Illinois EPA addressed the 

comments from the Pipeline Consortium 

and made changes where necessary 

prior to finalization of the Phase II Rule. 

The Second Notice Opinion and Order 

of the Board was issued on August 9, 

2007, and the Joint Committee on 

Administrative Rules’ Certifications of 

No Objections was dated September 18, 

2007. On this same date, the Final 

Opinion and Order of the Board for the 

proposed rules were adopted. The 

Notice of Adopted Amendments was 

30468 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Rules and Regulations 

published in the Illinois Register, 

volume 31, issue 41, pp. 14254–14295, 

on October 12, 2007. 

In the Phase II Rule, EPA calculated 

the 2007 base year NOX emissions 

inventory from which Illinois needed 

additional reductions of 7,055 tons per 

ozone season, which in Illinois starts on 

April 1 and ends on October 31. EPA 

based the calculation upon achieving an 

82 percent reduction at all IC engines in 

Illinois with greater than one ton per 

day of NOX emissions. On March 13, 

2009, Illinois EPA provided a budget 

demonstration that showed reductions 

in NOX emissions for large IC engines 

and turbines in the State amounting to 

7,055 tons per ozone season, thereby 

satisfying requirements of the Phase II 

Rule. 

II. Who Is Affected by the New Rule 

and the Amended Rules? 

Ill. Adm. Code parts 211 and 217 

apply to the entire State of Illinois, and 

apply to any person who owns or 

operates a large stationary reciprocating 

IC engine, turbine, or other smaller 

stationary IC engines. 

III. What Does Approval of This Rule 

Accomplish? 

EPA established the incremental 

difference requirements for affected 

States, including Illinois, in the April 

21, 2004, Federal Register (69 FR 

21604). The State’s budget 

demonstration shows that the State will 

be able to reduce emissions of NOX to 

meet the Phase II incremental difference 

of 7,055 tons of NOX for the ozone 

season. 

Approval of the State’s rules ensures 

the Federal enforceability of NOX

emissions reductions. The State’s rules 

affect NOX SIP Call IC engines, turbines, 

and any other stationary IC engine 

subject to NOX control in the State’s 

rules. The emission reductions for some 

large engines will be permanent and 

year-round resulting from low emission 

combustion measures retrofitted to 

existing engines. Low emission 

combustion measures cannot be cycled 

off once the changes are made to the 

engine. The combustion control 

technology is a permanent, physical 

change to the design and operation of 

the engine which, when implemented, 

is expected to reduce emissions of NOX

year-round. The State’s rules include 

provisions which the source must 

follow to demonstrate compliance with 

the rules. EPA expects environmental 

and health benefits to be permanent. 

IV. How Are Owners and Operators 

Expected To Comply With the New 

Requirement? 

Illinois Adm. Code part 217.392 

includes a requirement that an owner or 

operator of a large IC engine or turbine 

shall not operate an affected engine 

during the ozone season, unless there is 

a compliance plan which meets the 

requirements of the rule. The rule 

prohibits operation of affected engines 

after January 1, 2008, except in 

compliance with the requirements. 

Included in the compliance plan is a 

requirement that the projected NOX

emissions from the engine be included 

in a Federally enforceable permit. This 

information will enable the State to 

determine if reductions from the 

covered sources should meet the Phase 

II budget increment. The failure of a 

source to meet the required NOX

reductions is a violation of the 

provisions of the permit. The State of 

Illinois is expected to enforce noncompliance with its rules by reviewing 

monitoring and testing information 

submitted by the owners and operators 

of the affected engines and turbines. 

V. What Action Is EPA Taking? 

EPA is approving revisions to Ill. 

Adm. Code parts 211 and 217 for 

incorporation into the Illinois SIP. The 

revisions were submitted by Illinois 

EPA and the rules pertain to definitions 

and general provisions, and control of 

Nitrogen Oxides, respectively, and 

include: 211.740 (Brakehorsepower); 

211.1740 (Diesel Engine); 211.1920 

(Emergency or Standby Unit); 211.3300 

(Lean-burn Engine); 211.5640 (Richburn Engine); 217.101 (Measurement 

Methods); 217.102 (Abbreviations and 

Units); 217.104 (Incorporation by 

Reference); 217.386 (Applicability); 

217.388 (Control and Maintenance 

Requirements); 217.390 (Emissions 

Averaging Plan); 217.392 (Compliance); 

217.394 (Testing and Monitoring); 

217.396 (Recordkeeping and Reporting); 

and section 217 appendix G. EPA is 

taking this action because we have 

determined that the rule satisfies the 

requirements of the Clean Air Act and 

the NOX SIP Call Phase II Rule. The 

State has shown, through its budget 

demonstration, that it can achieve the 

Phase II budget increment through 

source compliance with the State’s rules 

affecting IC engines and turbines in 

conjunction with the State’s permitting 

program. Meeting the Phase II budget 

increment and the Phase I increment 

means the State will meet its total 

overall ozone season NOX budget and 

bring about reductions in ozone 

concentrations in the State and 

downwind from Illinois. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments, as 

Illinois drafted the SIP revisions based 

on the Model Rule. 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 

August 25, 2009 without further notice 

unless we receive relevant adverse 

written comments by July 27, 2009. 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. 

EPA will not institute a second 

comment period; therefore, 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 August 25, 2009. 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

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 

Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Rules and Regulations 30469 

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 Clean Air Act; 

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). 

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 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 August 25, 2009. 

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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 11, 2009. 

Walter W. Kovalick Jr, 

Acting 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 52.720 is amended by 

adding paragraph (c)(184) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(184) On October 23, 2007, the Illinois 

Environmental Protection Agency 

submitted revisions to its State 

implementation plan for the Oxides of 

Nitrogen (NOX) SIP Call Phase II. The 

State has submitted revisions to 35 

Illinois Administrative Code (Ill. Adm. 

Code) Parts 211 and 217. The rules 

pertain to definitions and general 

provisions, and control of Nitrogen 

Oxides (NOX), respectively. The rules 

satisfy the requirements of EPA’s NOX

SIP Call Phase II Rule (the Phase II 

Rule). 

(i) Incorporation by reference. (A) 

Illinois Administrative Code, Title 35: 

Environmental Protection, Subtitle B: 

Air Pollution, Chapter I: Pollution 

Control Board, Subchapter c: Emission 

Standards and Limitations for 

Stationary Sources, Part 211: Definitions 

and General Provisions, Subpart B: 

Definitions, Sections: 211.740 

Brakehorsepower; 211.1740 Diesel 

Engine; 211.1920 Emergency or Standby 

Unit; 211.3300 Lean-burn Engine; and 

211.5640 Rich-burn Engine; effective 

September 25, 2007. (B) Illinois 

Administrative Code, Title 35: 

Environmental Protection, Subtitle B: 

Air Pollution, Chapter I: Pollution 

Control Board, Subchapter c: Emission 

Standards and Limitations for 

Stationary Sources, Part 217: Nitrogen 

Dioxide Emissions, Subpart A: General 

Provisions, Sections: 217.101 

Measurement Methods; 217.102 

Abbreviation and Units; Subpart Q: 

Stationary Reciprocating Internal 

Combustion Engines and Turbines, 

Sections 217.386 Applicability; 217.388 

Control and Maintenance Requirements; 

217.390 Emissions Averaging Plan; 

217.392 Compliance; 217.394 Testing 

and Monitoring; 217.396 Recordkeeping 

and Reporting; and 217 Appendix G: 

Existing Reciprocating Internal 

Combustion Engines Affected by the 

NOX SIP Call; effective September 25, 

2007. 

(ii) Additional material. Illinois 

Administrative Code, Title 35: 

Environmental Protection, Subtitle B: 

Air Pollution, Chapter I: Pollution 

Control Board, Subchapter c: Emission 

Standards and Limitations for 

Stationary Sources, Part 217: Nitrogen 

Dioxide Emissions, Subpart A: General 

Provisions, Section 217.104 

Incorporation by Reference; effective 

September 25, 2007. 

[FR Doc. E9–14855 Filed 6–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 58 

Ambient Air Quality Surveillance 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Parts 53 to 59, revised as of 

July 1, 2008, on page 271, in appendix 

G to part 58, Table 2 is corrected to read 

as follows: 

Appendix G to Part 58—Uniform Air 

Quality Index (AQI) and Daily 

Reporting 

* * * * *