Approval and Promulgation of Air Quality Implementation Plans; Illinois and Indiana; Finding of Attainment for 1-Hour Ozone for the Chicago-Gary-Lake County, IL-IN Area, 79652-79653 [E8-30812]
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79652
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
(Authority: 38 U.S.C. 3542)
(b) Accelerated charges. (1) VA may
pay the additional monthly rate if the
eligible person, or his or her parent or
guardian (see § 21.3021(d)) if the eligible
person has a guardian or has not
attained majority under laws applicable
in his or her State of residence, concurs
in having his or her period of
entitlement reduced by 1 day for each—
(i) $26.27 that the special training
allowance exceeds the basic monthly
rate of $803.00 for the period July 1,
2004, through September 30, 2004;
(ii) $26.77 that the special training
allowance exceeds the basic monthly
rate of $803.00 for the period October 1,
2004, through September 30, 2005;
(iii) $27.57 that the special training
allowance exceeds the basic monthly
rate of $827.00 for the period October 1,
2005, through September 30, 2006;
(iv) $28.67 that the special training
allowance exceeds the basic monthly
rate of $860.00 for the period October 1,
2006, through September 30, 2007;
(v) $29.37 that the special restorative
training allowance exceeds the basic
monthly rate of $881.00 for the period
October 1, 2007, through September 30,
2008; and
(vi) $30.50 that the special restorative
training allowance exceeds the basic
monthly rate of $915.00 for months after
September 30, 2008.
*
*
*
*
*
[FR Doc. E8–31033 Filed 12–29–08; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–1044, EPA–R05–
OAR–2007–1133; FRL–8757–8]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois
and Indiana; Finding of Attainment for
1-Hour Ozone for the Chicago-GaryLake County, IL-IN Area
Environmental Management (IDEM) that
EPA find that the Indiana portion of the
Chicago-Gary-Lake County, IL-IN
nonattainment area, has attained the
revoked 1-hour ozone NAAQS. EPA
proposed to approve both requests on
July 7, 2008. We received three
comments on our proposed rulemaking,
which are addressed below.
DATES: This final rule is effective on
January 29, 2009.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Nos. EPA–R05–OAR–2007–1004 and
EPA–R05–OAR–2077–1133. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
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 Gilberto
Alvarez, Environmental Scientist, at
(312) 886–6143 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Gilberto Alvarez, Environmental
Scientist, Criteria Pollutant Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6143,
alvarez.gilberto@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:
pwalker on PROD1PC71 with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. What Did EPA Propose?
SUMMARY: EPA is approving a January
30, 2007, request from the Illinois
Environmental Protection Agency
(IEPA) that EPA find that the Illinois
portion of the Chicago-Gary-Lake
County, Illinois-Indiana (IL-IN)
nonattainment area, has attained the
revoked 1-hour ozone National Ambient
Air Quality Standard (NAAQS). EPA is
also approving an October 25, 2007,
request from the Indiana Department of
III. What Action Is EPA Taking?
VerDate Aug<31>2005
22:13 Dec 29, 2008
Jkt 217001
II. What Comments Did We Receive on the
Proposed Action?
IV. Statutory and Executive Order Reviews
I. What Did EPA Propose?
On January 30, 2007, IEPA requested
that EPA find that the Illinois portion of
the Chicago-Gary-Lake County, IL-IN
nonattainment area, had attained the
revoked 1-hour ozone NAAQS. On
October 25, 2007, IDEM requested that
EPA find that the Indiana portion of
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
Chicago-Gary-Lake County, IL-IN
nonattainment area, had attained the
revoked 1-hour ozone NAAQS. On July
7, 2008, EPA proposed to approve the
requests (73 FR 38353).
II. What Comments Did We Receive on
the Proposed Action?
EPA received three comment letters in
response to the proposed rulemaking.
Comment: The Indiana Steel
Environmental Group submitted
comments in support of our proposed
action. It also stated its understanding
that this action means that Lake and
Porter Counties will not be subject to
the requirement to implement
contingency measures for failure to
attain the ambient standard.
Response: EPA agrees with the
commenter. A finding of attainment
eliminates the requirement for a
maintenance plan and contingency
measures under Sections 107(d)(3) and
175A(d) of the Clean Air Act. Such
measures would be required, however,
in order for the area to be redesignated
to attainment.
Comment: While IDEM was generally
supportive of the proposal, it expressed
disappointment that EPA did not
address certain New Source Review
issues in our action.
Response: EPA intends to address
these issues in a separate Agency
rulemaking which is currently under
development.
Comment: Dominion Resources
Services, Inc. requested that EPA
reiterate that these attainment areas are
not subject to fees under Section 185 of
the Act, and would not be subject to
such fees even if the areas were to lapse
into nonattainment.
Response: EPA confirms that this
action relieves Illinois and Indiana from
having to develop a Section 185 rule for
the subject areas, although the States are
free to do so if they choose.
III. What Action Is EPA Taking?
EPA is approving a January 30, 2007,
request from IEPA that EPA find that the
Illinois portion of the Chicago-GaryLake County, IL-IN nonattainment area,
attained the revoked 1-hour ozone
NAAQS. EPA is also approving an
October 25, 2007, request from IDEM
that EPA find that Indiana portion of the
Chicago-Gary-Lake County, IL-IN
nonattainment area, attained the
revoked 1-hour ozone NAAQS.
IV. 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
E:\FR\FM\30DER1.SGM
30DER1
pwalker on PROD1PC71 with RULES
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
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
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
VerDate Aug<31>2005
22:13 Dec 29, 2008
Jkt 217001
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 March 2, 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. 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, Intergovernmental
relations, Ozone.
Dated: December 17, 2008.
Lynn Buhl,
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 52.726 is amended by
adding paragraph (gg) to read as follows:
■
§ 52.726
Control strategy: Ozone.
*
*
*
*
*
(gg) Approval—On January 30, 2007,
the Illinois Environmental Protection
Agency (IEPA) requested that EPA find
that the Illinois portion of the ChicagoGary-Lake County, Illinois-Indiana (ILIN) nonattainment area, attained the
revoked 1-hour ozone National Ambient
Air Quality Standard (NAAQS). After
review of this submission, EPA
approves this finding.
Subpart P—Indiana
3. Section 52.777 is amended by
adding paragraph (kk) to read as
follows:
■
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
79653
§ 52.777 Control strategy: Photochemical
oxidants (hydrocarbons).
*
*
*
*
*
(kk) Approval—On October 25, 2007,
the Indiana Department of
Environmental Management (IDEM)
requested that EPA find that the Indiana
portion of the Chicago-Gary-Lake
County, IL-IN nonattainment area, has
attained the revoked 1-hour ozone
NAAQS. After review of this
submission, EPA approves this finding.
[FR Doc. E8–30812 Filed 12–29–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2006–0649–200750; FRL–
8757–9]
Approval and Promulgation of
Implementation Plans; Georgia;
Nonattainment New Source Review
Rules
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is taking final action to
disapprove a portion of a revision to the
Georgia State Implementation Plan (SIP)
submitted by the State of Georgia on
March 5, 2007. The proposed revision
was intended to modify Georgia’s
Nonattainment New Source Review
(NNSR) permitting rules in the SIP to
establish a new baseline emissions
calculation procedure for the generation
of emissions reduction credits to be
used as offsets. EPA proposed to
disapprove this revision on September
4, 2008; one comment letter, which
supported EPA’s proposed disapproval
of the baseline emissions calculation,
was received.
DATES: This rule will be effective
January 29, 2009.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2006–0649. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
E:\FR\FM\30DER1.SGM
30DER1
]]>Agencies
[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Rules and Regulations]
[Pages 79652-79653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30812]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-1044, EPA-R05-OAR-2007-1133; FRL-8757-8]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois and Indiana; Finding of Attainment for 1-Hour Ozone for the
Chicago-Gary-Lake County, IL-IN Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a January 30, 2007, request from the Illinois
Environmental Protection Agency (IEPA) that EPA find that the Illinois
portion of the Chicago-Gary-Lake County, Illinois-Indiana (IL-IN)
nonattainment area, has attained the revoked 1-hour ozone National
Ambient Air Quality Standard (NAAQS). EPA is also approving an October
25, 2007, request from the Indiana Department of Environmental
Management (IDEM) that EPA find that the Indiana portion of the
Chicago-Gary-Lake County, IL-IN nonattainment area, has attained the
revoked 1-hour ozone NAAQS. EPA proposed to approve both requests on
July 7, 2008. We received three comments on our proposed rulemaking,
which are addressed below.
DATES: This final rule is effective on January 29, 2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
Nos. EPA-R05-OAR-2007-1004 and EPA-R05-OAR-2077-1133. All documents in
the docket are listed on the www.regulations.gov Web site. Although
listed in the index, some information is not publicly available, i.e.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
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 Gilberto Alvarez, Environmental
Scientist, at (312) 886-6143 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Gilberto Alvarez, Environmental
Scientist, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6143, alvarez.gilberto@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. What Did EPA Propose?
II. What Comments Did We Receive on the Proposed Action?
III. What Action Is EPA Taking?
IV. Statutory and Executive Order Reviews
I. What Did EPA Propose?
On January 30, 2007, IEPA requested that EPA find that the Illinois
portion of the Chicago-Gary-Lake County, IL-IN nonattainment area, had
attained the revoked 1-hour ozone NAAQS. On October 25, 2007, IDEM
requested that EPA find that the Indiana portion of Chicago-Gary-Lake
County, IL-IN nonattainment area, had attained the revoked 1-hour ozone
NAAQS. On July 7, 2008, EPA proposed to approve the requests (73 FR
38353).
II. What Comments Did We Receive on the Proposed Action?
EPA received three comment letters in response to the proposed
rulemaking.
Comment: The Indiana Steel Environmental Group submitted comments
in support of our proposed action. It also stated its understanding
that this action means that Lake and Porter Counties will not be
subject to the requirement to implement contingency measures for
failure to attain the ambient standard.
Response: EPA agrees with the commenter. A finding of attainment
eliminates the requirement for a maintenance plan and contingency
measures under Sections 107(d)(3) and 175A(d) of the Clean Air Act.
Such measures would be required, however, in order for the area to be
redesignated to attainment.
Comment: While IDEM was generally supportive of the proposal, it
expressed disappointment that EPA did not address certain New Source
Review issues in our action.
Response: EPA intends to address these issues in a separate Agency
rulemaking which is currently under development.
Comment: Dominion Resources Services, Inc. requested that EPA
reiterate that these attainment areas are not subject to fees under
Section 185 of the Act, and would not be subject to such fees even if
the areas were to lapse into nonattainment.
Response: EPA confirms that this action relieves Illinois and
Indiana from having to develop a Section 185 rule for the subject
areas, although the States are free to do so if they choose.
III. What Action Is EPA Taking?
EPA is approving a January 30, 2007, request from IEPA that EPA
find that the Illinois portion of the Chicago-Gary-Lake County, IL-IN
nonattainment area, attained the revoked 1-hour ozone NAAQS. EPA is
also approving an October 25, 2007, request from IDEM that EPA find
that Indiana portion of the Chicago-Gary-Lake County, IL-IN
nonattainment area, attained the revoked 1-hour ozone NAAQS.
IV. 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
[[Page 79653]]
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 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 March 2, 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. 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, Intergovernmental
relations, Ozone.
Dated: December 17, 2008.
Lynn Buhl,
Regional Administrator, Region 5.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for 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 (gg) to read as
follows:
Sec. 52.726 Control strategy: Ozone.
* * * * *
(gg) Approval--On January 30, 2007, the Illinois Environmental
Protection Agency (IEPA) requested that EPA find that the Illinois
portion of the Chicago-Gary-Lake County, Illinois-Indiana (IL-IN)
nonattainment area, attained the revoked 1-hour ozone National Ambient
Air Quality Standard (NAAQS). After review of this submission, EPA
approves this finding.
Subpart P--Indiana
0
3. Section 52.777 is amended by adding paragraph (kk) to read as
follows:
Sec. 52.777 Control strategy: Photochemical oxidants (hydrocarbons).
* * * * *
(kk) Approval--On October 25, 2007, the Indiana Department of
Environmental Management (IDEM) requested that EPA find that the
Indiana portion of the Chicago-Gary-Lake County, IL-IN nonattainment
area, has attained the revoked 1-hour ozone NAAQS. After review of this
submission, EPA approves this finding.
[FR Doc. E8-30812 Filed 12-29-08; 8:45 am]
BILLING CODE 6560-50-P
