Approval and Promulgation of Air Quality Implementation Plan: Kentucky; Approval Section 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard for the Owensboro Area; Limited Reopening of Comment Period, 16387-16388 [2010-7317]

Download as PDF Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Proposed Rules emcdonald on DSK2BSOYB1PROD with PROPOSALS-1 § 380.26 Verification of royalty distributions. (a) General. This section prescribes procedures by which any Copyright Owner or Performer may verify the royalty distributions made by the Collective; Provided, however, that nothing contained in this section shall apply to situations where a Copyright Owner or Performer and the Collective have agreed as to proper verification methods. (b) Frequency of verification. A Copyright Owner or Performer may conduct a single audit of the Collective upon reasonable notice and during reasonable business hours, during any given calendar year, for any or all of the prior 3 calendar years, but no calendar year shall be subject to audit more than once. (c) Notice of intent to audit. A Copyright Owner or Performer must file with the Copyright Royalty Board a notice of intent to audit the Collective, which shall, within 30 days of the filing of the notice, publish in the Federal Register a notice announcing such filing. The notification of intent to audit shall be served at the same time on the Collective. Any audit shall be conducted by an independent Qualified Auditor identified in the notice, and shall be binding on all Copyright Owners and Performers. (d) Acquisition and retention of report. The Collective shall use commercially reasonable efforts to obtain or to provide access to any relevant books and records maintained by third parties for the purpose of the audit. The Copyright Owner or Performer requesting the verification procedure shall retain the report of the verification for a period of not less than 3 years. (e) Acceptable verification procedure. An audit, including underlying paperwork, which was performed in the ordinary course of business according to generally accepted auditing standards by an independent Qualified Auditor, shall serve as an acceptable verification procedure for all parties with respect to the information that is within the scope of the audit. (f) Consultation. Before rendering a written report to a Copyright Owner or Performer, except where the auditor has a reasonable basis to suspect fraud and disclosure would, in the reasonable opinion of the auditor, prejudice the investigation of such suspected fraud, the auditor shall review the tentative written findings of the audit with the appropriate agent or employee of the Collective in order to remedy any factual errors and clarify any issues relating to the audit; Provided that the VerDate Nov<24>2008 15:06 Mar 31, 2010 Jkt 220001 appropriate agent or employee of the Collective reasonably cooperates with the auditor to remedy promptly any factual errors or clarify any issues raised by the audit. (g) Costs of the verification procedure. The Copyright Owner or Performer requesting the verification procedure shall pay the cost of the procedure, unless it is finally determined that there was an underpayment of 10% or more, in which case the Collective shall, in addition to paying the amount of any underpayment, bear the reasonable costs of the verification procedure. § 380.27 Unclaimed funds. If the Collective is unable to identify or locate a Copyright Owner or Performer who is entitled to receive a royalty distribution under this subpart, the Collective shall retain the required payment in a segregated trust account for a period of 3 years from the date of distribution. No claim to such distribution shall be valid after the expiration of the 3-year period. After expiration of this period, the Collective may apply the unclaimed funds to offset any costs deductible under 17 U.S.C. 114(g)(3). The foregoing shall apply notwithstanding the common law or statutes of any State. Dated: March 29, 2010. James Scott Sledge, Chief, U.S. Copyright Royalty Judge. [FR Doc. 2010–7368 Filed 3–31–10; 8:45 am] BILLING CODE 1410–72–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2007–1186–201013(b); FRL–9133–2] Approval and Promulgation of Air Quality Implementation Plan: Kentucky; Approval Section 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard for the Owensboro Area; Limited Reopening of Comment Period AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule; limited reopening of the comment period. SUMMARY: EPA is announcing a limited 30-day reopening of the public comment period for the proposed rule entitled ‘‘Approval and Promulgation of Air Quality Implementation Plan: Kentucky; Approval Section 110(a)(1) Maintenance Plan for the 1997 8–Hour Ozone Standard for the Owensboro Area,’’ for PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 16387 the purpose of limited public review and comment on supplemental information that was provided by the Commonwealth of Kentucky on July 15, 2009, in support of the Owensboro Area 110(a)(1) maintenance plan. The Owensboro, Kentucky Area consists of Daviess and a portion of Hancock Counties. The proposed rule was initially published in the Federal Register on January 20, 2010. The reason for this limited reopening of the comment period is that EPA has learned that supplemental information relating to projected emissions for the Owensboro Area that was referenced in the proposed rulemaking January 20, 2010 (75 FR 3183) was inadvertently omitted from the electronic docket when that proposed rulemaking was published. EPA has since made that information available in the electronic docket and wants to ensure an opportunity for the public to comment on that information. The July 15, 2009, supplemental information can be viewed online at https:// www.regulations.gov using docket ID No. EPA–R04–OAR–2007–1186–0043. Thus, EPA is reopening the comment period for an additional thirty days, for the limited purpose of providing an opportunity for public comment only on the supplemental information added to the docket after publication of the proposed rulemaking. DATES: The comment period for the proposed rule published on January 20, 2010 (75 FR 3183) is reopened. Comments must be received on or before May 3, 2010. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2007–1186, by one of the following methods: 1. https://www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: benjamin.lynorae@epa.gov. 3. Fax: 404–562–9019. 4. Mail: ‘‘EPA–R04–OAR–2007–1186,’’ Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. 5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official E:\FR\FM\01APP1.SGM 01APP1 emcdonald on DSK2BSOYB1PROD with PROPOSALS-1 16388 Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Proposed Rules hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. Instructions: Direct your comments to Docket ID No. ‘‘EPA–R04–OAR–2007– 1186.’’ 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 through https://www.regulations.gov or e-mail, information that you consider to be CBI or otherwise protected. 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. Docket: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2007–1186. All documents in the docket are listed on the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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 Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. EPA VerDate Nov<24>2008 15:06 Mar 31, 2010 Jkt 220001 requests that, if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. Mr. Zuri Farngalo, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9152. Mr. Farngalo can also be reached via electronic mail at farngalo.zuri@epa.gov. FOR FURTHER INFORMATION CONTACT: The proposed rule was signed by the Acting Regional Administrator on January 20, 2010, and published in the Federal Register on January 20, 2010 (75 FR 3183). The comment period for this proposed action closed on February 19, 2010. EPA did receive adverse comments during this public comment period. However, EPA noticed an inadvertent omission of the July 15, 2009, supplement that Kentucky, provided from the electronic docket at https://www.regulations.gov. The July 15, 2009, supplement (which was included in the electronic docket on February 4, 2010), contains updated emissions inventory projections for both the Paducah and Owensboro Areas. Since EPA makes reference to this supplement in the January 20, 2010, proposed rulemaking, EPA is reopening the comment period for this proposed action for the limited purpose of allowing the public the opportunity to review and consider this supplemental information in regards to EPA’s proposed rulemaking. EPA is already in receipt of adverse comments provided for the initial proposed rulemaking published on January 20, 2010, for the Owensboro 110(a)(1) maintenance plan. These comments will still be under consideration for any final rulemaking action for this area’s 110(a)(1) maintenance plan. SUPPLEMENTARY INFORMATION: Dated: March 17, 2010. Beverly H. Banister, Acting Regional Administrator, Region 4. [FR Doc. 2010–7317 Filed 3–31–10; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2009–1014–201002; FRL– 9133–1] Approval and Promulgation of Implementation Plans; Commonwealth of Kentucky: Prevention of Significant Deterioration and Nonattainment New Source Review Rules: Nitrogen Oxide as Precursor to Ozone AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve a revision to Kentucky’s State Implementation Plan (SIP), submitted by the Kentucky Energy and Environment Cabinet, through the Kentucky Division of Air Quality (KDAQ) to EPA on February 5, 2010. The proposed revision modifies Kentucky’s prevention of significant deterioration (PSD) and nonattainment new source review (NNSR) permitting regulations in the SIP to address permit requirements promulgated in the 1997 8-Hour Ozone National Ambient Air Quality Standards (NAAQS) Implementation Rule—Phase 2 (hereafter referred to as the ‘‘Ozone Implementation NSR Update’’). The Ozone Implementation NSR Update revised permit requirements relating to the implementation of the 1997 8-hour ozone NAAQS specifically incorporating nitrogen oxides (NOX) as a precursor to ozone. The proposed revision also includes provisions addressing permit requirements promulgated by EPA on May 1, 2007, which exclude from the NSR major source permitting requirements ‘‘chemical process plants’’ that produce ethanol through a natural fermentation process (hereafter referred to as the ‘‘Ethanol Rule’’.) DATES: Comments must be received on or before May 3, 2010. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2009–1014, by one of the following methods: 1. https://www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: benjamin.lynorae@epa.gov. 3. Fax: (404) 562–9019. 4. Mail: EPA–R04–OAR–2009–1014, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. E:\FR\FM\01APP1.SGM 01APP1

Agencies

[Federal Register Volume 75, Number 62 (Thursday, April 1, 2010)]
[Proposed Rules]
[Pages 16387-16388]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7317]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-1186-201013(b); FRL-9133-2]


Approval and Promulgation of Air Quality Implementation Plan: 
Kentucky; Approval Section 110(a)(1) Maintenance Plan for the 1997 8-
Hour Ozone Standard for the Owensboro Area; Limited Reopening of 
Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; limited reopening of the comment period.

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

SUMMARY: EPA is announcing a limited 30-day reopening of the public 
comment period for the proposed rule entitled ``Approval and 
Promulgation of Air Quality Implementation Plan: Kentucky; Approval 
Section 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard 
for the Owensboro Area,'' for the purpose of limited public review and 
comment on supplemental information that was provided by the 
Commonwealth of Kentucky on July 15, 2009, in support of the Owensboro 
Area 110(a)(1) maintenance plan. The Owensboro, Kentucky Area consists 
of Daviess and a portion of Hancock Counties. The proposed rule was 
initially published in the Federal Register on January 20, 2010. The 
reason for this limited reopening of the comment period is that EPA has 
learned that supplemental information relating to projected emissions 
for the Owensboro Area that was referenced in the proposed rulemaking 
January 20, 2010 (75 FR 3183) was inadvertently omitted from the 
electronic docket when that proposed rulemaking was published. EPA has 
since made that information available in the electronic docket and 
wants to ensure an opportunity for the public to comment on that 
information. The July 15, 2009, supplemental information can be viewed 
online at https://www.regulations.gov using docket ID No. EPA-R04-OAR-
2007-1186-0043.
    Thus, EPA is reopening the comment period for an additional thirty 
days, for the limited purpose of providing an opportunity for public 
comment only on the supplemental information added to the docket after 
publication of the proposed rulemaking.

DATES: The comment period for the proposed rule published on January 
20, 2010 (75 FR 3183) is reopened. Comments must be received on or 
before May 3, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-1186, by one of the following methods:
    1. https://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: benjamin.lynorae@epa.gov.
    3. Fax: 404-562-9019.
    4. Mail: ``EPA-R04-OAR-2007-1186,'' Regulatory Development Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official

[[Page 16388]]

hours of business are Monday through Friday, 8:30 to 4:30, excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2007-1186.'' 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 through https://www.regulations.gov or e-mail, information that you consider to be CBI 
or otherwise protected. 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.
    Docket: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2007-1186. All documents in the docket 
are listed on the www.regulations.gov index. Although listed in the 
index, some information is not publicly available, i.e., 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 Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that, if at all 
possible, you contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 to 4:30, 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Zuri Farngalo, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number 
is (404) 562-9152. Mr. Farngalo can also be reached via electronic mail 
at farngalo.zuri@epa.gov.

SUPPLEMENTARY INFORMATION: The proposed rule was signed by the Acting 
Regional Administrator on January 20, 2010, and published in the 
Federal Register on January 20, 2010 (75 FR 3183). The comment period 
for this proposed action closed on February 19, 2010. EPA did receive 
adverse comments during this public comment period. However, EPA 
noticed an inadvertent omission of the July 15, 2009, supplement that 
Kentucky, provided from the electronic docket at https://www.regulations.gov. The July 15, 2009, supplement (which was included 
in the electronic docket on February 4, 2010), contains updated 
emissions inventory projections for both the Paducah and Owensboro 
Areas. Since EPA makes reference to this supplement in the January 20, 
2010, proposed rulemaking, EPA is reopening the comment period for this 
proposed action for the limited purpose of allowing the public the 
opportunity to review and consider this supplemental information in 
regards to EPA's proposed rulemaking. EPA is already in receipt of 
adverse comments provided for the initial proposed rulemaking published 
on January 20, 2010, for the Owensboro 110(a)(1) maintenance plan. 
These comments will still be under consideration for any final 
rulemaking action for this area's 110(a)(1) maintenance plan.

    Dated: March 17, 2010.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-7317 Filed 3-31-10; 8:45 am]
BILLING CODE 6560-50-P
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