Transportation Conformity Rule PM2.5, 27085-27087 [E9-13332]

Download as PDF Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Proposed Rules cprice-sewell on PRODPC61 with PROPOSALS II. EPA’s Evaluation and Action A. How Is EPA Evaluating the Rules? Generally, SIP rules must be enforceable (see section 110(a) of the Act), must require Reasonably Available Control Technology (RACT) for each category of sources covered by a Control Techniques Guidelines (CTG) document as well as each major source in nonattainment areas (see sections 182(a)(2) and (b)(2)), and must not relax existing requirements (see sections 110(l) and 193). The San Joaquin Valley Unified Air Pollution Control District regulates an ozone nonattainment area for both the 1-hr and the 8-hr ozone standard (see 40 CFR part 81), so Rules 4662 and 4663 must fulfill RACT. Guidance and policy documents that we use to evaluate enforceability and RACT requirements consistently include the following: 1. Portions of the proposed post-1987 ozone and carbon monoxide policy that concern RACT, 52 FR 45044, November 24, 1987. 2. ‘‘Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,’’ EPA, May 25, 1988 (the Bluebook). 3. ‘‘Guidance Document for Correcting Common VOC & Other Rule Deficiencies,’’ EPA Region 9, August 21, 2001 (the Little Bluebook). 4. ‘‘Control of Volatile Organic Emissions from Solvent Metal Cleaning,’’ EPA–450/2–77–022, November 1977. 5. ‘‘Control Techniques Guidelines for Industrial Cleaning Solvents,’’ EPA– 453/R–06–001, September 2006. 6. ‘‘Organic Solvent Cleaning and Degreasing Operations,’’ CARB, July 18, 1991. 7. ‘‘Reasonably Available Control Technology (RACT) Demonstration for Ozone State Implementation Plans (SIP)’’ SJVAPCD, April 16, 2009. 8. ‘‘State Implementation Plans, General Preamble for the Implementation of Title I of the Clean Air Amendments of 1990,’’ 57 FR 13498 (April 16, 1992). 9. ‘‘Preamble, Final Rule to Implement the 8-hour Ozone National Ambient Air Quality Standard’’ 70 FR 71612 (November 29, 2005). 10. Letter from William T. Hartnett to Regional Air Division Directors, ‘‘RACT Qs & As—Reasonable Available Control Technology (RACT) Questions and Answers,’’ May 18, 2006. B. Do the Rules Meet the Evaluation Criteria? We believe these rules are consistent with the relevant policy and guidance regarding enforceability, RACT, and SIP VerDate Nov<24>2008 14:53 Jun 05, 2009 Jkt 217001 relaxations. The TSDs have more information on our evaluation. C. EPA Recommendations To Further Improve the Rules The TSDs describe additional rule revisions that do not affect EPA’s current action but are recommended for the next time the local agency modifies the Rules. D. Public Comment and Final Action Because EPA believes the submitted rules fulfill all relevant requirements, we are proposing to fully approve them as described in section 110(k)(3) of the Act. We will accept comments from the public on this proposal for the next 30 days. Unless we receive convincing new information during the comment period, we intend to publish a final approval action that will incorporate these rules into the Federally enforceable SIP. III. 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 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); PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 27085 • 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: May 21, 2009. Jane Diamond, Acting Regional Administrator, Region IX. [FR Doc. E9–13331 Filed 6–5–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 93 [EPA–HQ–OAR–2008–0540; FRL–8914–5] RIN 2060–AP29 Transportation Conformity Rule PM2.5 and PM10 Amendments AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Extension of Public Comment Period. SUMMARY: EPA is announcing the extension of the public comment period on the proposed rule, ‘‘Transportation Conformity Rule PM2.5 and PM10 Amendments.’’ This proposed rule was published May 15, 2009 in the Federal Register (74 FR 23024), and written comments on the proposed rule were to be submitted by June 15, 2009. EPA also stated in the proposal that the comment period would be extended if a public E:\FR\FM\08JNP1.SGM 08JNP1 cprice-sewell on PRODPC61 with PROPOSALS 27086 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Proposed Rules hearing was requested by a certain date. On May 26, 2009, EPA received such a request to hold a public hearing for this proposed rule, and the public hearing was held on June 4, 2009 at the EPA in Ann Arbor, Michigan. As a result, EPA is notifying the public again that the deadline to submit public comments on the proposal is now June 29, 2009. DATES: Comments on the May 15, 2009 (74 FR 23024) proposed rule must be received on or before June 29, 2009. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2008–0540, by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: a-and-r-docket@epa.gov. • Fax: (202) 566–9744. • Mail: Air Docket, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No. EPA–HQ–OAR–2008– 0540. Please include a total of two copies. • Hand Delivery: Air Docket, Environmental Protection Agency, Mailcode: EPA West Building, EPA Docket Center (Room 3334), 1301 Constitution Ave., NW., Washington, DC, Attention Docket ID No. EPA–HQ– OAR–2008–0540. Please include two copies. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2008– 0540. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// 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 https:// www.regulations.gov or e-mail. The https://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 https:// 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 VerDate Nov<24>2008 14:53 Jun 05, 2009 Jkt 217001 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 or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. For additional instructions on submitting comments, go to the SUPPLEMENTARY INFORMATION section of this document. Docket: All documents in the docket are listed in the https:// 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 https:// www.regulations.gov or in hard copy at the Air and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744 and the telephone number for the Air and Radiation Docket is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Laura Berry, State Measures and Conformity Group, Transportation and Regional Programs Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105, e-mail address: berry.laura@epa.gov, telephone number: (734) 214–4858, fax number: (734) 214– 4052; or Patty Klavon, State Measures and Conformity Group, Transportation and Regional Programs Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105, e-mail address: klavon.patty@epa.gov, telephone number: (734) 214–4476, fax number: (734) 214–4052. SUPPLEMENTARY INFORMATION: A. What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI Do not submit this information to EPA through https://www.regulations.gov or PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD–ROM that you mail to EPA, mark the outside of the disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR Part 2. 2. Tips for Preparing Your Comments When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number). • Follow directions—The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. • Explain why you agree or disagree, suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/ or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. 3. Docket Copying Costs You may be required to pay a reasonable fee for copying docket materials. B. How Do I Get Copies of This Proposed Rule and Other Documents? 1. Docket EPA has established an official public docket for this action under Docket ID No. EPA–HQ–OAR–2008–0540. You can get a paper copy of this Federal Register document, as well as the documents specifically referenced in this action, any public comments received, and other information related to this action at the official public docket. See the ADDRESSES section for its location. E:\FR\FM\08JNP1.SGM 08JNP1 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Proposed Rules cprice-sewell on PRODPC61 with PROPOSALS 2. Electronic Access You may access this Federal Register document electronically through EPA’s Transportation Conformity Web site at https://www.epa.gov/otaq/ stateresources/transconf/index.htm. You may also access this document electronically under the Federal Register listings at https://www.epa.gov/ fedrgstr/. An electronic version of the official public docket is available through https://www.regulations.gov. You may use https://www.regulations.gov to submit or view public comments, access the index listing of the contents of the official public docket, and access those documents in the public docket that are available electronically. Once in the system, select ‘‘search,’’ then key in the appropriate docket identification number. Certain types of information will not be placed in the electronic public docket. Information claimed as CBI and VerDate Nov<24>2008 14:53 Jun 05, 2009 Jkt 217001 other information for which disclosure is restricted by statute is not available for public viewing in the electronic public docket. EPA’s policy is that copyrighted material will not be placed in the electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in the electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in the electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in the ADDRESSES section. EPA intends to provide electronic access in the future to all of the publicly available docket materials through the electronic public docket. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 27087 Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to the electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in the electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in the electronic public docket along with a brief description written by the docket staff. For additional information about the electronic public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Dated: June 3, 2009. Margo T. Oge, Director, Office of Transportation and Air Quality. [FR Doc. E9–13332 Filed 6–5–09; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\08JNP1.SGM 08JNP1

Agencies

[Federal Register Volume 74, Number 108 (Monday, June 8, 2009)]
[Proposed Rules]
[Pages 27085-27087]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13332]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 93

[EPA-HQ-OAR-2008-0540; FRL-8914-5]
RIN 2060-AP29


Transportation Conformity Rule PM2.5 and 
PM10 Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Extension of Public Comment Period.

-----------------------------------------------------------------------

SUMMARY: EPA is announcing the extension of the public comment period 
on the proposed rule, ``Transportation Conformity Rule PM2.5 
and PM10 Amendments.'' This proposed rule was published May 
15, 2009 in the Federal Register (74 FR 23024), and written comments on 
the proposed rule were to be submitted by June 15, 2009. EPA also 
stated in the proposal that the comment period would be extended if a 
public

[[Page 27086]]

hearing was requested by a certain date. On May 26, 2009, EPA received 
such a request to hold a public hearing for this proposed rule, and the 
public hearing was held on June 4, 2009 at the EPA in Ann Arbor, 
Michigan. As a result, EPA is notifying the public again that the 
deadline to submit public comments on the proposal is now June 29, 
2009.

DATES: Comments on the May 15, 2009 (74 FR 23024) proposed rule must be 
received on or before June 29, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0540, by one of the following methods:
     https://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov.
     Fax: (202) 566-9744.
     Mail: Air Docket, Environmental Protection Agency, 
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, 
Attention Docket ID No. EPA-HQ-OAR-2008-0540. Please include a total of 
two copies.
     Hand Delivery: Air Docket, Environmental Protection 
Agency, Mailcode: EPA West Building, EPA Docket Center (Room 3334), 
1301 Constitution Ave., NW., Washington, DC, Attention Docket ID No. 
EPA-HQ-OAR-2008-0540. Please include two copies. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0540. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://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 https://www.regulations.gov or e-mail. The https://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 https://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 or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting 
comments, go to the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the https://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 https://www.regulations.gov or in hard copy at the Air and Radiation 
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744 and the telephone 
number for the Air and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Laura Berry, State Measures and 
Conformity Group, Transportation and Regional Programs Division, 
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 
48105, e-mail address: berry.laura@epa.gov, telephone number: (734) 
214-4858, fax number: (734) 214-4052; or Patty Klavon, State Measures 
and Conformity Group, Transportation and Regional Programs Division, 
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 
48105, e-mail address: klavon.patty@epa.gov, telephone number: (734) 
214-4476, fax number: (734) 214-4052.

SUPPLEMENTARY INFORMATION:

A. What Should I Consider as I Prepare My Comments for EPA?

1. Submitting CBI

    Do not submit this information to EPA through https://www.regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR Part 2.

2. Tips for Preparing Your Comments

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

3. Docket Copying Costs

    You may be required to pay a reasonable fee for copying docket 
materials.

B. How Do I Get Copies of This Proposed Rule and Other Documents?

1. Docket

    EPA has established an official public docket for this action under 
Docket ID No. EPA-HQ-OAR-2008-0540. You can get a paper copy of this 
Federal Register document, as well as the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action at the official public docket. See 
the ADDRESSES section for its location.

[[Page 27087]]

2. Electronic Access

    You may access this Federal Register document electronically 
through EPA's Transportation Conformity Web site at https://www.epa.gov/otaq/stateresources/transconf/index.htm. You may also access this 
document electronically under the Federal Register listings at https://www.epa.gov/fedrgstr/.
    An electronic version of the official public docket is available 
through https://www.regulations.gov. You may use https://www.regulations.gov to submit or view public comments, access the index 
listing of the contents of the official public docket, and access those 
documents in the public docket that are available electronically. Once 
in the system, select ``search,'' then key in the appropriate docket 
identification number.
    Certain types of information will not be placed in the electronic 
public docket. Information claimed as CBI and other information for 
which disclosure is restricted by statute is not available for public 
viewing in the electronic public docket. EPA's policy is that 
copyrighted material will not be placed in the electronic public docket 
but will be available only in printed, paper form in the official 
public docket.
    To the extent feasible, publicly available docket materials will be 
made available in the electronic public docket. When a document is 
selected from the index list in EPA Dockets, the system will identify 
whether the document is available for viewing in the electronic public 
docket. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the docket facility identified in the 
ADDRESSES section. EPA intends to provide electronic access in the 
future to all of the publicly available docket materials through the 
electronic public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to the electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in the electronic public docket. Where practical, 
physical objects will be photographed, and the photograph will be 
placed in the electronic public docket along with a brief description 
written by the docket staff.
    For additional information about the electronic public docket, 
visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.

    Dated: June 3, 2009.
Margo T. Oge,
Director, Office of Transportation and Air Quality.
[FR Doc. E9-13332 Filed 6-5-09; 8:45 am]
BILLING CODE 6560-50-P
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