[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Proposed Rules]
[Pages 76332-76336]
[FR Doc No: 2010-30840]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0671; FRL-9236-5]

Approval and Promulgation of Air Quality Implementation Plans;
Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Rule.

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SUMMARY: EPA is proposing to approve a July 29, 2010, request from the
State of Illinois to exempt sources of Nitrogen Oxides (NOX)
in the Illinois portions of the Chicago-Gary-Lake County, Illinois-
Indiana and St. Louis, Missouri-Illinois 8-hour ozone nonattainment
areas from Clean Air Act (CAA) requirements for NOX
Reasonably Available Control Technology (RACT) for purposes of
attaining the 1997 8-hour ozone National Ambient Air Quality Standard
(NAAQS). The State's NOX RACT waiver request is based on the
most recent three years of complete, quality-assured ozone monitoring
data, which demonstrate that additional reduction of NOX
emissions in the ozone nonattainment areas would not contribute to
attainment of the 1997 8-hour ozone NAAQS in the two ozone
nonattainment areas. In addition to waiving the NOX RACT
requirement for the State of Illinois, final approval of the
NOX RACT waiver would also suspend a requirement for EPA to
promulgate a NOX RACT Federal Implementation Plan (FIP) for
the 8-hour ozone nonattainment areas.

DATES: Comments must be received on or before January 7, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0671, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: John M. Mooney, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch, (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: John M. Mooney, Chief, Attainment Planning
and Maintenance Section, Air Programs Branch, (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, 18th Floor,
Chicago, Illinois 60604. Such deliveries are only accepted during the
Regional Office's 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-
2010-0671. 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 and viruses. For additional instructions on submitting
comments, go to section I of the SUPPLEMENTARY INFORMATION section of
this document.
    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 U.S. 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 at<PHONE_NUMBER>
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,<PHONE_NUMBER>.

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 should I consider as I prepare my comments for EPA?
II. What is the background for this action?
III. State Petition
IV. EPA Review of the Petition
    A. Have the ozone nonattainment areas attained the 1997 8-hour
ozone NAAQS?
    B. EPA's analysis of Illinois' NOX RACT Waiver
Petition
V. What are the environmental effects of this action?
VI. EPA's Proposed Action
VII. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
    2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified in the proposed rule.

II. What is the background for this action?

    EPA has determined that ground-level ozone (O3) is
detrimental to human health. On July 18, 1997 (62 FR 38856), EPA
promulgated an 8-hour ozone NAAQS of 0.08 parts per million parts of
air (ppm). The standard is violated in an area when any ozone monitor
in the area (or in its downwind environs) records 8-hour ozone
concentrations with a 3-year average of the annual fourth-highest daily
maximum 8-hour ozone concentrations equaling or exceeding 0.085 ppm.
    Section 107 of the CAA required EPA to designate as nonattainment
any area that violated the 1997 8-hour ozone standard. The 8-hour ozone
designations and classifications were promulgated on April 30, 2004 (69
FR 23857). In that EPA rulemaking, the Chicago-Gary-Lake County,
Illinois-Indiana (IL-IN) and St. Louis, Missouri-Illinois (MO-IL) areas
were designated as nonattainment for the 1997 8-hour ozone NAAQS, and
the designations became effective on June 15, 2004.
    Ground-level ozone is not generally emitted directly by sources.
Rather, emitted NOX and Volatile Organic Compounds (VOC)
react in the presence of sunlight to form ground-level ozone, as a
secondary compound, along with other secondary compounds.
NOX and VOC are referred to as ``ozone precursors.''
Reduction of peak ground-level ozone concentrations is achieved through
controlling VOC and NOX emissions.
    The CAA, title 1, part D contains two sets of provisions--subparts
1 and 2--that address planning and emission control requirements for
ozone nonattainment areas. Subpart 1 contains general, less
prescriptive requirements for all nonattainment areas of any pollutant
governed by a NAAQS. Subpart 2 contains more specific requirements for
ozone nonattainment areas classified under section 181 of the CAA. The
Chicago-Gary-Lake County, IL-IN and St. Louis, MO-IL areas are
classified as moderate nonattainment areas under the 1997 8-hour ozone
NAAQS.\1\
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    \1\ On May 11, 2010 (75 FR 26113), EPA published a final rule to
redesignate Lake and Porter Counties, Indiana to attainment of the
1997 8-hour ozone NAAQS. The Illinois portion of the Chicago-Gary-
Lake County, IL-IN area remains designated as a nonattainment area
for the 1997 8-hour ozone NAAQS.
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    The subpart 2 ozone plan requirements under the CAA with respect to
control of VOC and NOX emissions depend on the ozone
nonattainment classification of an area. The air quality planning and
control requirements for the reduction of NOX emissions are
contained in section 182(f) of the CAA. Section 182(f) requires States
with areas classified as moderate nonattainment and above to adopt and
implement the same level of NOX emission controls for major
stationary sources as are required for major stationary sources of VOC
emissions. Section 182(f) also provides that these NOX
emission reduction requirements do not apply to an area outside of an
ozone transport region if EPA determines that additional reductions of
NOX emissions would not contribute to attainment of the
ozone standard in the area. In areas where the ozone standard is
attained, as demonstrated by complete, quality-assured air quality
data, without the implementation of the additional section 182(f)
NOX emission controls, it is clear that the additional
NOX emission reductions required by section 182(f) did not
contribute to attainment of the ozone standard.
    On March 17, 2008, EPA notified Douglas P. Scott, Director of the
Illinois EPA, that EPA had determined that the State of Illinois had
failed to submit a CAA-required NOX RACT State
Implementation Plan (SIP) revision (the NOX RACT emission
control rules) for the Illinois portions of the Chicago-Gary-Lake
County, IL-IN and St. Louis, MO-IL ozone nonattainment areas. EPA
formalized this finding in the Federal Register on March 24, 2008 (73
FR 15416), and that action commenced the sanctions process outlined by
section 179 of the CAA and 40 CFR 52.31. See 59 FR 39832, August 4,
1994. Under this process, the new source two-to-one (2:1) emissions
offset sanction would take effect in the Illinois ozone nonattainment
areas on September 24, 2009. The sanctions clock would run and any
imposed sanctions would remain in effect until either a NOX
RACT SIP revision is submitted to EPA by the State of Illinois and is
affirmatively determined complete by EPA, or a NOX control
waiver, under section 182(f), is granted by EPA.
    On September 1 and 2, 2009, the Illinois EPA submitted adopted
NOX emission control regulations, as a requested SIP
revision, to meet the CAA NOX RACT requirement. On September
16, 2009, EPA determined this SIP revision submittal to be complete,
terminating the sanctions clock activated on March 24, 2008.\2\ EPA
continues to review this SIP revision, but has not yet completed
rulemaking on this requested SIP revision. Therefore, the Illinois SIP
does not yet contain the Illinois NOX emission control
rules. In addition, it is noted that Illinois has not yet completed
implementation of the NOX emission control rules.
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    \2\ Termination of the sanctions clock did not suspend or
terminate a FIP clock (also started on March 24, 2008) requiring EPA
to promulgate a NOX RACT FIP within two years of the
determination that Illinois had failed to submit required
NOX RACT rules. The FIP clock can only be terminated
(EPA's obligation to promulgate a FIP is ended) if EPA approves
Illinois' NOX emission control rules as NOX
RACT in the Illinois SIP or suspended if EPA approves a waiver of
the NOX RACT requirement for both of the ozone
nonattainment areas. If the FIP clock is suspended through approval
of the NOX RACT waiver, the suspension of the FIP clock
continues only as long as the two ozone nonattainment areas continue
to attain the 1997 8-hour ozone NAAQS. The FIP clock is terminated
if EPA approves the redesignation of both areas (the Illinois
portions of the Chicago-Gary-Lake County, IL-IN and St. Louis, MO-IL
8-hour ozone nonattainment areas) to attainment of the 1997 8-hour
ozone NAAQS.
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    The criteria established for determining the applicability of
section 182(f) NOX emission controls and the evaluation of
section 182(f) NOX emission control waiver requests are set
forth in a January 14, 2005, EPA policy memorandum, ``Guidance on
Limiting Nitrogen Oxides (NOX) Requirements Related to 8-
Hour Ozone Implementation,'' from Stephen D. Page, Director, Office of
Air Quality Planning and Standards.

III. State Petition

    On July 29, 2010, Illinois EPA submitted a request for a
NOX RACT waiver for the Illinois ozone nonattainment
areas.\3\ This NOX RACT waiver was requested for the 1997 8-
hour ozone standard. Illinois EPA requested that EPA consider the
NOX emission control rules submitted on September 1 and 2,
2009, for approval as NOX RACT in the Illinois SIP under a
possible new ozone standard that EPA is currently considering.
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    \3\ The Illinois portion of the Chicago-Gary-Lake County, IL-IN
8-hour ozone nonattainment area includes Cook, DuPage, Kane, Lake,
McHenry, and Will Counties, and portions of Grundy (Aux Sable and
Goose Lake Townships) and Kendall (Oswego Township) Counties. The
Illinois portion of the St. Louis, MO-IL 8-hour ozone nonattainment
area includes Jersey, Madison, Monroe, and St. Clair Counties.
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    Illinois EPA based its NOX RACT waiver request on ozone
air quality data for 2007-2009, which demonstrate that the 1997 8-hour
ozone NAAQS has been attained in the Chicago-Gary-Lake County, IL-IN
and St. Louis, MO-IL areas without the implementation of NOX RACT in
the Illinois portions of these areas.

IV. EPA Review of the Petition

A. Have the ozone nonattainment areas attained the 1997 8-hour ozone
NAAQS?

    An area may be considered to be attaining the 1997 8-hour ozone
standard if there are no violations of the standard, as determined in
accordance with 40 CFR 50.10 and appendix I, based on the most recent
three years of complete, quality-assured air quality monitoring data at
all ozone monitoring sites in the area and in its nearby downwind
environs. To attain this standard, the average of the annual fourth-
high daily maximum 8-hour average ozone concentrations measured and
recorded at each monitoring site over the most recent 3-year period
(the monitoring site's ozone design value) must not exceed the ozone
standard. Based on an ozone data rounding convention described in 40
CFR 50, appendix I, the 1997 8-hour ozone standard is attained if the
area's ozone design value \4\ is 0.084 ppm or less. The data must be
collected and quality-assured in accordance with 40 CFR 58, and must be
recorded in EPA's Air Quality System (AQS). The ozone monitors
generally should have remained at the same locations for duration of
the monitoring period required to demonstrate attainment of the ozone
standard. The data supporting attainment of the standard must be
complete in accordance with 40 CFR 50, appendix I.
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    \4\ The worst-case monitoring site-specific ozone design value
in the area and in its downwind environs.
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    Table 1 summarizes the annual fourth-high daily maximum 8-hour
ozone concentrations and their 3-year (2007-2009) averages for all
monitors in the Chicago-Gary-Lake County, IL-IN area and for the
Chiwaukee Prairie monitoring site in Wisconsin (considered to be a high
ozone monitor in the downwind environs of the Chicago-Gary-Lake County,
IL-IN area). These data reflect peak ozone concentrations quality
assured and reported by the States of Illinois, Indiana, and Wisconsin.

   Table 1--Annual Fourth-High Daily Maximum 8-Hour Ozone Concentrations in Parts per Million (ppm) and 3-Year
                              Averages for the Chicago-Gary-Lake County, IL-IN Area
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              State/monitoring site                    2007            2008            2009       3-Year average
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                                            Indiana Monitoring Sites
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Gary............................................           0.085           0.062           0.058           0.068
Hammond.........................................           0.077           0.068           0.065           0.070
Ogden Dunes.....................................           0.084           0.069           0.067           0.073
Valparaiso......................................           0.080           0.061           0.064           0.068
Whiting.........................................           0.088           0.062           0.062           0.071
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                                            Illinois Monitoring Sites
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Alsip...........................................           0.085           0.066           0.069           0.073
Chicago-Cheltenham..............................           0.082           0.066           0.065           0.071
Chicago-Adams...................................           0.084           0.058           0.076           0.073
Chicago-Ellis Avenue............................           0.079           0.063           0.060           0.068
Chicago-Ohio Street.............................           0.075           0.063           0.062           0.067
Chicago-Lawndale................................           0.080           0.066           0.067           0.071
Chicago-Hurlbut Street..........................           0.079           0.063           0.064           0.069
Lemont..........................................           0.085           0.071           0.067           0.074
Cicero..........................................           0.068           0.060           0.067           0.065
Northbrook......................................           0.076           0.063           0.069           0.069
Evanston........................................           0.080           0.058           0.064           0.067
Lisle...........................................           0.072           0.057           0.059           0.063
Waukegan........................................           0.081           0.061           0.057           0.066
Illinois Beach State Park.......................           0.080           0.067           0.075           0.074
Cary............................................           0.074           0.063           0.066           0.068
Essex Road......................................           0.071           0.057           0.063           0.064
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                                            Wisconsin Monitoring Site
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Chiwaukee Prairie...............................           0.085           0.069           0.071           0.075
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    Table 2 summarizes the annual fourth-high daily maximum 8-hour
ozone concentrations and their 3-year (2007-2009) averages for all
monitors in the St. Louis, MO-IL area. These data reflect peak ozone
concentrations quality assured and reported by the States of Illinois
and Missouri.

  Table 2--Annual Fourth-High Daily Maximum 8-Hour Ozone Concentrations and 3-Year Averages in ppm for the St.
                                                Louis, MO-IL Area
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                                                                                3-Year
              State/monitoring site                    2007            2008            2009           average
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                                                 Illinois Sites
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Jerseyville.....................................           0.075           0.069           0.068           0.070
Alton...........................................           0.081           0.068           0.067           0.072
Maryville.......................................           0.087           0.070           0.074           0.077
Wood River......................................           0.086           0.067           0.066           0.073
East St. Louis..................................           0.077           0.064           0.069           0.070
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                                                 Missouri Sites
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Arnold..........................................           0.087           0.070           0.070           0.075
Orchard Farm....................................           0.083           0.072           0.072           0.075
West Alton......................................           0.089           0.076           0.071           0.078
Maryland Heights................................           0.094           0.069           0.067           0.076
Pacific.........................................           0.085           0.064           0.064           0.071
Blair Street....................................           0.087           0.073           0.065           0.075
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    Review of the 2007-2009 ozone concentrations and site-specific
ozone design values (3-year averages) in Tables 1 and 2 shows that all
of the ozone monitoring sites in the two areas were attaining the 1997
8-hour ozone NAAQS during this period. Therefore, based on the most
recent three years of quality-assured ozone monitoring data, the 1997
8-hour ozone standard has been attained in these areas. Preliminary
2010 ozone data show that the 1997 8-hour ozone standard continues to
be attained in the two areas.

B. EPA's Analysis of Illinois' NOX RACT Waiver Petition

    EPA's guidance document, ``Guidance on Limiting Nitrogen Oxides
(NOX) Requirements Related to 8-Hour Ozone Implementation,''
sets forth the criteria for demonstrating that further NOX
emission reductions in an ozone nonattainment area will not contribute
to ozone attainment. The guidance provides that three consecutive years
of monitoring data documenting ozone levels attaining the ozone NAAQS
in areas in which a State has not implemented certain NOX
emission controls is adequate to demonstrate that the additional
NOX emission reductions will not aid in achieving attainment
of the ozone NAAQS. As described in the guidance document, approval of
the NOX emission control exemption is granted by the EPA on
a contingent basis. The NOX emission control exemption
continues only as long as the State continues to monitor attainment of
the ozone NAAQS. If, prior to redesignation of the area to attainment
of the ozone NAAQS, the area violates the 1997 8-hour ozone NAAQS, as
defined at 40 CFR 50.10 and appendix I, EPA will undertake rulemaking
to withdraw the NOX emission control exemption, the area
would once again be subject to the NOX emission control
requirements under section 182(f) of the CAA.
    EPA's review of the ozone monitoring data and Illinois'
NOX emission control exemption request shows that Illinois
has complied with the requirements for a NOX RACT exemption
in the State's 8-hour ozone nonattainment areas under section 182(f) of
the CAA consistent with the guidelines contained in EPA's January 14,
2005, guidance document. Therefore, EPA proposes to determine that the
State of Illinois qualifies for exemption from NOX RACT
requirements for the Illinois portions of the Chicago-Gary-Lake County,
IL-IN and St. Louis, MO-IL ozone nonattainment areas for the purposes
of attaining the 1997 8-hour ozone NAAQS.

V. What are the environmental effects of this action?

    The section 182(f) NOX RACT exemption is based on a
finding that additional reductions of NOX would not
contribute to attainment of the 1997 8-hour ozone NAAQS in the Chicago-
Gary-Lake County, IL-IN and St. Louis, MO-IL ozone nonattainment areas.
These areas have three consecutive years of ozone levels attaining the
ozone standard even though Illinois has not implemented NOX
RACT rules.
    While EPA is proposing to waive the requirements to control
NOX emissions through NOX RACT in the Illinois
ozone nonattaiment areas on the basis that NOX emission
reductions would not contribute to attainment of the ozone NAAQS in the
Chicago-Gary-Lake County, IL-IN and St. Louis, MO-IL areas, EPA
recognizes that there are other benefits to controlling NOX
emissions. These benefits include reducing acid deposition, reducing
nitrogen deposition in sensitive wetlands, estuaries, and their
watersheds, and mitigating ozone transport to downwind ozone
nonattainment areas. Illinois will continue to be required to control
NOX emissions from certain NOX sources under
other CAA programs, such as the Acid Rain program in title IV of the
CAA, for purposes of achieving these environmental benefits. This
proposed NOX RACT waiver will not affect other existing and
pending NOX emission control requirements for Illinois
needed to achieve these environmental benefits.
    In addition, EPA notes that an approval of this waiver request is
solely for purposes of the CAA requirements to meet the 1997 8-hour
ozone NAAQS. The waiver would not apply for purposes of the ozone NAAQS
promulgated in 2008 (March 27, 2008, 73 FR 16435) or for purposes of
any future ozone NAAQS EPA may promulgate. To the extent section 182(f)
applies in this area for purposes of the 2008 or any future ozone
NAAQS, the State would need to submit a NOX RACT SIP or
would need to demonstrate

that a waiver is appropriate for purposes of that different ozone
NAAQS.

VI. EPA's Proposed Action

    EPA is proposing approval of Illinois' request to exempt the
State's 8-hour ozone nonattainment areas from the section 182(f)
NOX RACT requirement. This proposed approval is based on
EPA's review of the evidence that the requirements of section
182(f)(1)(A), as elaborated upon in EPA's guidance for section 182(f)
exemptions, have been met for Chicago-Gary-Lake County, IL-IN and St.
Louis, MO-IL ozone nonattainment areas. In the future, if EPA
determines that a violation of the 1997 8-hour ozone NAAQS has occurred
in the Chicago-Gary-Lake County, IL-IN area (or at the Chiwaukee
Prairie monitoring site in Kenosha County, Wisconsin) or in the St.
Louis, MO-IL area while the Illinois portions of these ozone
nonattainment areas are designated as nonattainment for the 1997 8-hour
ozone NAAQS, EPA will take action to revoke the exemption.
    Final approval of Illinois' NOX RACT exemption request
would suspend a requirement for a NOX RACT FIP stemming from
EPA's March 24, 2008, finding of Illinois' failure to submit the
NOX RACT rules. The suspension would remain in place
contingent upon continued attainment of the 1997 8-hour ozone NAAQS in
the Chicago-Gary-Lake County, IL-IN and St. Louis, MO-IL areas. If EPA
approves a redesignation request for either of these areas for the 1997
8-hour ozone NAAQS, the NOX RACT FIP clock will permanently
stop at that time. If EPA determines that there is a violation of the
1997 8-hour ozone NAAQS while either of these areas remain designated
as nonattainment for the 1997 8-hour ozone NAAQS, the NOX
RACT waiver will no longer be applicable as of the effective date of
any such determination for the violating area by EPA. At that time, the
NOX RACT FIP requirement will no longer be suspended and the
NOX RACT FIP clock will restart at the point at which it
stopped. EPA will provide notice in the Federal Register of any such
waiver revocation and of the restarting of the NOX RACT FIP
clock.

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

    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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: November 23, 2010.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2010-30840 Filed 12-7-10; 8:45 am]
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