Approval and Promulgation of Air Quality Implementation Plans; Ohio; Ohio Portion of the Cincinnati-Hamilton Area; 8-Hour Ozone Maintenance Plan, 73025-73026 [2010-29785]
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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Proposed Rules
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PSD permits governing GHGs. Georgia’s
current PSD program incorporates by
reference the Federal requirements,
found at 40 CFR 52.21 (adopted prior to
the promulgation of EPA’s Tailoring
Rule), into the State’s major source PSD
program (which applies to major
stationary sources having the potential
to emit at least 100-tpy or 250-tpy or
more of a regulated NSR pollutant,
depending on the type of source or
modifications constructing in areas
designated attainment or unclassifiable
with respect to the NAAQS).
This current SIP revision to Georgia’s
Regulation 391–3–1-.02(7) (the subject
of this proposed rulemaking)
incorporates by reference the provisions
at 40 CFR 52.21 as amended by the
promulgation of the Tailoring Rule.
Specifically, Georgia’s September 30,
2010 revision updates its existing
incorporation by reference of the
Federal NSR program to include the
relevant Federal Tailoring Rule
provisions set forth at 40 CFR 52.21.
EPA has preliminarily determined that
Georgia’s proposed SIP revision is
consistent with the Tailoring Rule.
Furthermore, EPA has preliminarily
determined that this revision to
Georgia’s SIP is consistent with section
110 of the CAA. See, e.g., Tailoring
Rule, 75 FR at 31561.
B. Analysis Regarding Georgia’s
Changes To Incorporate the NSR PM2.5
Requirements for PSD
Georgia’s Regulation 391–3–1-.02(7)
(the subject of this proposed
rulemaking) also incorporates by
reference the provisions at 40 CFR 52.21
as amended by the promulgation of the
NSR PM2.5 Rule for PSD. Specifically,
Georgia’s September 30, 2010, revision
updates its existing incorporation by
reference of the Federal NSR program to
include the relevant Federal NSR PM2.5
Rule provisions for PSD set forth at 40
CFR 52.21. However, in light of EPA’s
proposed rulemaking to repeal the PM2.5
‘‘grandfathering’’ provision, as noted in
section IV.B. above, Georgia’s revision
excludes adoption of the relevant
Federal rule provision, 40 CFR
52.21(i)(1)(ix). EPA has preliminarily
determined that Georgia’s proposed SIP
revision is consistent with the NSR
PM2.5 Rule for PSD. Furthermore, EPA
has preliminarily determined that this
revision to Georgia’s SIP is consistent
with section 110 of the CAA.
VI. Proposed Action
EPA is proposing to approve Georgia’s
September 30, 2010, SIP revision,
relating to PSD requirements for GHGemitting sources and for the PM2.5
NAAQS. Specifically, Georgia’s
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September 30, 2010, proposed SIP
revision establishes appropriate
emissions thresholds for determining
PSD applicability with respect to new
and modified GHG-emitting sources in
accordance with EPA’s Tailoring Rule,
and incorporates Federal requirements
related to PSD for the PM2.5 NAAQS.
EPA has made the preliminary
determination that this SIP revision is
approvable because it is in accordance
with the CAA and EPA regulations
regarding PSD permitting for GHGs and
for the PM2.5 NAAQS.
VII. Statutory and Executive Order
Reviews
Under the CAA, 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 CAA. Accordingly, this proposed
action merely approves the State’s law
as meeting Federal requirements and
does not impose additional
requirements beyond those imposed by
the State’s law. For that reason, this
proposed 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 CAA; and
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73025
• 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 proposed 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, and Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 18, 2010.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2010–29951 Filed 11–26–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2010–0656; FRL–9232–1]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Ohio Portion of the CincinnatiHamilton Area; 8-Hour Ozone
Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a revision to the maintenance plan for
the Ohio portion of the CincinnatiHamilton, OH–KY–IN 8-hour ozone
area. The Cincinnati-Hamilton area
includes Butler, Clermont, Clinton,
Hamilton, and Warren Counties in Ohio,
Lawrenceburg Township in Dearborn
County, Indiana, and Boone, Campbell,
and Kenton Counties in Kentucky. The
Ohio Environmental Protection Agency
(Ohio EPA) submitted a maintenance
plan revision on July 6, 2010. The
submittal contained revisions to 2015
and 2020 NOX point source emissions
projections for Butler County to reflect
modifications at a major source that will
occur during the maintenance period.
DATES: Comments must be received on
or before December 29, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
SUMMARY:
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73026
Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Proposed Rules
OAR–2010–0656, by one of the
following methods:
1. https://www.regulations.gov: Follow
the online instructions for submitting
comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 692–2551.
4. Mail: John M. Mooney, Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: John M. Mooney,
Chief, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Engineer, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules section of this Federal
Register, EPA is approving the
maintenance plan revision as a direct
final rule without prior proposal
because the Agency views this as a
noncontroversial submittal and
anticipates no adverse comments. A
detailed rationale for the approval is set
forth in the direct final rule. If no
adverse comments are received in
response to this rule, no further activity
is contemplated. If EPA receives adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time. Please note
that if EPA receives adverse comment
on an amendment, paragraph, or section
of this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
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adverse comment. For additional
information, see the direct final rule
which is located in the Rules section of
this Federal Register.
Dated: November 15, 2010.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2010–29785 Filed 11–26–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0515; FRL–9232–4]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Clean Air Interstate Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a request submitted by the Indiana
Department of Environmental
Management (IDEM) on June 29, 2009,
to revise the Indiana State
Implementation Plan (SIP) under the
Clean Air Act (CAA). The State has
submitted amendments to the Indiana
Administrative Code (IAC), which
supplement Indiana’s Clean Air
Interstate Rule (CAIR), for which EPA
granted limited approval as an
abbreviated SIP on October 22, 2007.
The State’s June 29, 2009, submittal
includes elements that EPA deems
necessary in order for EPA to fully
approve Indiana’s CAIR SIP. This will
allow a transition from an abbreviated
SIP with limited approval to a full SIP
with full approval under which the
various CAIR implementation
provisions would be governed by State
rules rather than Federal
Implementation Plan (FIP) rules. This
action results in the withdrawal of the
Indiana CAIR FIP concerning sulfur
dioxide (SO2), nitrogen oxides (NOX)
annual, and NOX ozone season
emissions.
DATES: Comments must be received on
or before December 29, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2009–0515, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 692–2551.
4. Mail: John M. Mooney, Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
SUMMARY:
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U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: John M. Mooney,
Chief, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Please see the direct final rule which
is located in the Final Rules section of
this Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Andy Chang, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–0258,
chang.andy@epa.gov.
In the
Final Rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If we do not receive any adverse
comments in response to this rule, we
do not contemplate taking any further
action. If EPA receives adverse
comments, we will withdraw the direct
final rule, and will address all public
comments in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule, which is
located in the Final Rules section of this
Federal Register.
SUPPLEMENTARY INFORMATION:
Dated: November 15, 2010.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2010–29789 Filed 11–26–10; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Proposed Rules]
[Pages 73025-73026]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29785]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0656; FRL-9232-1]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Ohio Portion of the Cincinnati-Hamilton Area; 8-Hour Ozone
Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a revision to the maintenance plan
for the Ohio portion of the Cincinnati-Hamilton, OH-KY-IN 8-hour ozone
area. The Cincinnati-Hamilton area includes Butler, Clermont, Clinton,
Hamilton, and Warren Counties in Ohio, Lawrenceburg Township in
Dearborn County, Indiana, and Boone, Campbell, and Kenton Counties in
Kentucky. The Ohio Environmental Protection Agency (Ohio EPA) submitted
a maintenance plan revision on July 6, 2010. The submittal contained
revisions to 2015 and 2020 NOX point source emissions
projections for Butler County to reflect modifications at a major
source that will occur during the maintenance period.
DATES: Comments must be received on or before December 29, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
[[Page 73026]]
OAR-2010-0656, by one of the following methods:
1. https://www.regulations.gov: Follow the online instructions for
submitting comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 692-2551.
4. Mail: John M. Mooney, Chief, Attainment Planning and Maintenance
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal
Register, EPA is approving the maintenance plan revision as a direct
final rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment. For
additional information, see the direct final rule which is located in
the Rules section of this Federal Register.
Dated: November 15, 2010.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2010-29785 Filed 11-26-10; 8:45 am]
BILLING CODE 6560-50-P