[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Rules and Regulations]
[Pages 40262-40263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17050]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0512; FRL-9430-6]
Determination of Attainment, Approval and Promulgation of Air
Quality Implementation Plans; Indiana; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: On March 12, 2010, EPA published a final rule making a
determination that the entire Chicago-Gary-Lake County, Illinois-
Indiana (IL-IN) 1997 eight-hour ozone nonattainment area has attained
the 1997 eight-hour ozone National Ambient Air Quality Standard
(NAAQS). This action corrects an omission in the regulatory text of the
aforementioned Federal Register document.
DATES: Effective Date: This final rule is effective on July 8, 2011.
FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6057,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This action provides a
technical correction to the regulatory language in the final rulemaking
published at 75 FR 12088 on March 12, 2010. In that rulemaking, EPA
made a determination that the entire Chicago-Gary-Lake County, IL-IN
ozone nonattainment area has attained the 1997 eight-hour ozone NAAQS.
The determination was based on complete, quality-assured ambient air
quality monitoring data for the period of 2006-2008. Additional
background on the applicable NAAQS and EPA's data are contained in the
September 24, 2009 proposed rule at 74 FR 48703-48706.
As published on March 12, 2010, the regulatory language contained
an omission which needs to be corrected. Our determination was properly
codified for the Indiana portion of the area (Lake and Porter Counties)
in the final rule at 75 FR 12089 with the addition of 40 CFR
52.777(mm)). However, an amendment to 40 CFR 52 codifying our
determination for the Illinois portion of the area, Cook, DuPage, Kane,
Lake, McHenry, and Will Counties, and portions of Grundy County (Aux
Sable and Goose Lake Townships) and Kendall County (Oswego Township),
was inadvertently omitted. Therefore, EPA is correcting this error by
adding paragraph (jj) to 40 CFR 52.726 for Illinois.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because this rule is not
substantive and imposes no regulatory requirements, but merely corrects
an omitted citation in a previous action. Thus, notice and public
procedure are unnecessary. We find that this constitutes good cause
under 5 U.S.C. 553(b)(B).
Statutory and Executive Order Reviews
Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a ``significant regulatory action'' and is therefore
not subject to review by the Office of Management and Budget. For this
reason, 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)). Because
the agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the Administrative
Procedures Act or any other statute as indicated in the Supplementary
Information section above, it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA. This rule also does 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 (65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
governments, as specified by Executive Order 13132 (64 FR 43255, August
10, 1999). This rule also is not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it is not economically significant.
This technical correction action does not involve technical
standards; 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. The rule also does not involve special consideration of
environmental justice related issues as required by Executive Order
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct, as required by section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996).
[[Page 40263]]
EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1998) by examining the takings implications of the rule in accordance
with the ``Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. This rule does not impose an information
collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA had made such a good cause finding, including
the reasons therefore, and established an effective date of July 8,
2011. 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. This correction to 40 CFR part 52 for
Illinois is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Dated: June 24, 2011.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for 40 CFR part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart O--Illinois
0
2. Section 52.726 is amended by adding paragraph (jj) to read as
follows:
Sec. 52.726 Control strategy. Ozone.
* * * * *
(jj) Determination of attainment. On June 5, 2009, the state of
Indiana requested that EPA find that the Indiana portion of the
Chicago-Gary-Lake County, Illinois-Indiana (IL-IN) ozone nonattainment
area has attained the 1997 8-hour ozone National Ambient Air Quality
Standard (NAAQS). After review of Indiana's submission and 2006-2008
ozone air quality data for this ozone nonattainment area, EPA finds
that the entire Chicago-Gary-Lake County, IL-IN area has attained the
1997 8-hour ozone NAAQS. Therefore, EPA has determined, as of March 12,
2010, that Cook, DuPage, Kane, Lake, McHenry, and Will Counties, and
portions of Grundy County (Aux Sable and Goose Lake Townships) and
Kendall County (Oswego Township) in Illinois have attained the 1997 8-
hour ozone standard.
[FR Doc. 2011-17050 Filed 7-7-11; 8:45 am]
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