[Federal Register Volume 77, Number 245 (Thursday, December 20, 2012)]
[Rules and Regulations]
[Pages 75383-75384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30533]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0805; EPA-HQ-OAR-2009-0491; FRL-9763-3]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Infrastructure SIP Requirements for the 2006 PM2.5
NAAQS; Revisions to FIPs To Reduce Interstate Transport of
PM2.5 and Ozone; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
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SUMMARY: This document corrects errors in the codification of final
rules published on July 13, 2011, August 8, 2011, February 21, 2012,
and October 29, 2012. The July 13, 2011, and October 29, 2012, actions
pertain to State Implementation Plan (SIP) submissions by Illinois
regarding the infrastructure requirements of the Clean Air Act (CAA)
for the 1997 eight-hour ground level ozone national ambient air quality
standards (NAAQS), the 1997 fine particle (PM2.5) NAAQS, and
the 2006 24-hour PM2.5 NAAQS. The August 8, 2011, and
February 21, 2012, actions pertain to Federal Implementation Plans
(FIPs) to reduce interstate transport of PM2.5 and ozone.
DATES: This correcting amendment is effective on December 20, 2012.
FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5,
Chicago, Illinois 60604, (312) 353-8328, or by email at
[email protected].
SUPPLEMENTARY INFORMATION: On August 8, 2011, (76 FR 48208), EPA
published FIPs to reduce interstate transport of PM2.5 and
ozone. It codified the regulation, ``Interstate pollutant transport
provisions; What are the FIP requirements for decreases in emissions of
nitrogen oxides?'', at 40 CFR 52.745. In so doing, EPA had not realized
that this section had already been reserved by a previous rulemaking
action, titled ``Section 110(a)(2) Infrastructure Requirements,'' and
created on July 13, 2011, (76 FR 41075). EPA attempted to correct this
error on February 21, 2012, (77 FR 10324). What resulted, however, is
that the interstate pollutant transport provision disappeared entirely.
We are now correcting this error by codifying the provision titled
``Section 110(a)(2) Infrastructure Requirements'' at 40 CFR 52.745; and
codifying the provision titled ``Interstate pollutant transport
provisions; What are the FIP requirements for decreases in emissions of
nitrogen oxides?'' at 40 CFR 52.731. As a result of this correction,
the rulemaking action published on October 29, 2012, (77 FR 65478) is
now codified at 40 CFR 52.745.
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 this rule final without prior proposal
and opportunity for comment because we are merely correcting an
incorrect 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
[[Page 75384]]
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 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). 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 December
20, 2012. 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 52 for Illinois is not a ``major rule'' as defined by 5 U.S.C.
804(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: December 10, 2012.
Susan Hedman,
Regional Administrator, Region 5.
For the reasons stated in the preamble, part 52, title 40, chapter
I of the Code of the Federal Regulations is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Sec. 52.731 [Redesignated as Sec. 52.745]
0
2. Redesignate Sec. 52.731 as Sec. 52.745.
0
3. A new Sec. 52.731 is added to read as follows:
Sec. 52.731 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?
(a)(1) The owner and operator of each source and each unit located
in the State of Illinois and for which requirements are set forth under
the TR NOX Annual Trading Program in subpart AAAAA of part
97 of this chapter must comply with such requirements. The obligation
to comply with such requirements will be eliminated by the promulgation
of an approval by the Administrator of a revision to Illinois' State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec. 52.38(a),
except to the extent the Administrator's approval is partial or
conditional.
(2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Illinois' SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision. (b)(1) The owner and operator of each source and
each unit located in the State of Illinois and for which requirements
are set forth under the TR NOX Ozone Season Trading Program
in subpart BBBBB of part 97 of this chapter must comply with such
requirements. The obligation to comply with such requirements will be
eliminated by the promulgation of an approval by the Administrator of a
revision to Illinois' State Implementation Plan (SIP) as correcting the
SIP's deficiency that is the basis for the TR Federal Implementation
Plan under Sec. 52.38(b), except to the extent the Administrator's
approval is partial or conditional.
(2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of Illinois' SIP revision
described in paragraph (b)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.
[FR Doc. 2012-30533 Filed 12-19-12; 8:45 am]
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