
[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Rules and Regulations]
[Pages 40262-40263]
From the Federal Register Online via the Government Printing 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, 
doty.edward@epa.gov.

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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