EPA Responses to State and Tribal 2010 NO2, 39798-39800 [2011-17060]
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Proposed Rules
requires that each state adopt and
submit a SIP for the implementation,
maintenance and enforcement of each
NAAQS promulgated by the EPA. This
SIP is commonly referred to as an
infrastructure SIP. The one element of
the submittal that EPA is proposing to
conditionally approve addresses
requirements under Clean Air Act
section 110(a)(2)(D)(ii). This action is
being taken under the Clean Air Act.
DATES: Written comments must be
received on or before August 8, 2011.
ADDRESSES: Submit your comments, if
any, on EPA’s direct final conditional
approval for Connecticut, identified by
Docket ID Number EPA–R01–OAR–
2008–0639 by one of the following
methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: arnold.anne@epa.gov. Fax:
(617) 918–0047. Mail: ‘‘Docket
Identification Number EPA–R01–OAR–
2008–0639’’, Anne Arnold, U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, (Mail code OEP05–2), Boston,
MA 02109–3912.
3. Hand Delivery or Courier: Deliver
your comments to: Anne Arnold,
Manager, Air Quality Planning Unit,
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, (Mail code OEP05–2), Boston,
MA 02109–3912. Such deliveries are
only accepted during the Regional
Office’s normal hours of operation. The
Regional Office’s official hours of
business are Monday through Friday,
8:30 to 4:30, excluding legal holidays.
Instructions: Direct your comments
for Connecticut to Docket ID No. EPA–
R01–OAR–2008–0639. 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.
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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.
Docket: All documents in the
electronic docket are listed in the
https://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 in https://
www.regulations.gov or in hard copy at
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square, Suite 100, Boston, MA.
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 legal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 5 Post Office Square,
Suite 100, Boston, MA 02109–3912,
telephone number (617) 918–1664, fax
number (617) 918–0664, e-mail
Burkhart.Richard@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules Section of this Federal
Register, EPA is conditionally
approving one element of Connecticut’s
December 28, 2007 submittal to meet
the Clean Air Act infrastructure
requirements for the 1997 ozone
NAAQS as a direct final rule without
prior proposal because the Agency
views this one element as
noncontroversial and anticipates no
adverse comments. A detailed rationale
for the conditional approval of this one
element is set forth in the direct final
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rule. In brief, Connecticut has
committed to revise its SIP within a year
to meet the requirement in section
110(a)(2)(D)(ii) of the Act that the state’s
SIP provide for notice to other states
that might be affected by sources
proposed to be permitted under the
state’s Prevention of Significant
Deterioration program. In addition, the
state has committed in the meantime to
continue its practice of providing such
notice to affected states. If no adverse
comments are received in response to
this action, 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 the
conditional approval of the section
110(a)(2)(D)(ii) element 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: June 28, 2011.
Ira W. Leighton,
Acting, Regional Administrator, EPA New
England.
[FR Doc. 2011–17025 Filed 7–6–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2011–0572; FRL–9430–4]
EPA Responses to State and Tribal
2010 NO2 Designation
Recommendations: Notice of
Availability and Public Comment
Period
Environmental Protection
Agency (EPA).
ACTION: Notice of availability and public
comment period.
AGENCY:
Notice is hereby given that
the EPA has posted its responses to state
and tribal designation recommendations
for the 2010 Primary Nitrogen Dioxide
(NO2) National Ambient Air Quality
Standard (NAAQS) on its Internet
website. The EPA invites public
comments on its responses during the
30-day comment period specified in the
SUMMARY:
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Proposed Rules
section. The EPA sent responses
directly to the states and tribes on June
29, 2011, and plans to make final
designations determinations for the
2010 Primary NO2 NAAQS by October
31, 2011.
DATES: Comments must be received on
or before August 8, 2011. Please refer to
SUPPLEMENTARY INFORMATION for
additional information on the comment
period.
ADDRESSES: Submit your comments,
identified by Docket ID No. OAR–2011–
0572 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.
Attention Docket ID No. EPA–HQ–OAR–
2011–0572.
• Fax: 202–566–9744. Attention
Docket ID No. EPA–HQ–OAR–2011–
0572.
• Mail: Air Docket, Attention Docket
ID No. EPA–HQ–OAR–2011–0572,
Environmental Protection Agency, Mail
Code: 6102T, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460.
• Hand Delivery: EPA Docket Center,
1301 Constitution Avenue, NW., Room
3334, Washington, DC. 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–2011–
0572. The 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
regulations.gov or e-mail. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to the 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, the EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
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disk or CD–ROM you submit. If the EPA
is unable to read your comment and
cannot contact you for clarification due
to technical difficulties, the 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 the 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 Section
II of 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, 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 in https://
www.regulations.gov or in hard copy at
the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Avenue,
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 Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT: For
general questions concerning this
action, please contact Doug Solomon,
U.S. EPA, Office of Air Quality Planning
and Standards, Air Quality Planning
Division, C539–04, Research Triangle
Park, NC 27711, telephone (919) 541–
4132, e-mail at
solomon.douglas@epa.gov. For
questions regarding the EPA Region 1,
please contact Donald Dahl, U.S. EPA,
telephone (617) 918–1657, e-mail at
dahl.donald@epa.gov. For questions
regarding the EPA Region 2, please
contact Raymond Werner, U.S. EPA,
telephone (212) 637–3706, e-mail at
werner.raymond@epa.gov. For questions
regarding the EPA Region 3, please
contact Gregory Becoat, U.S. EPA,
telephone (215) 814–2036, e-mail at
becoat.gregory@epa.gov. For questions
regarding the EPA Region 4, please
contact Steve Scofield, U.S. EPA,
telephone (404) 562–9034, e-mail at
scofield.steve@epa.gov. For questions
regarding the EPA Region 5, please
contact Gilberto Alvarez, U.S. EPA,
telephone (312) 886–6143, e-mail at
PO 00000
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39799
alvarez.gilberto@epa.gov. For questions
regarding the EPA Region 6, please
contact Alan Shar, U.S. EPA, telephone
(214) 665–6691, e-mail at
shar.alan@epa.gov. For questions
regarding the EPA Region 7, please
contact Elizabeth Kramer, U.S. EPA,
telephone (913) 551–7186, email at
kramer.elizabeth@epa.gov. For
questions regarding the EPA Region 8,
please contact Crystal Freeman, U.S.
EPA, telephone (303) 312–6602, e-mail
at freeman.crystal@epa.gov. For
questions regarding the EPA Region 9,
please contact Frances Wicher, U.S.
EPA, telephone (415) 972–3957, e-mail
at wicher.frances@epa.gov. For
questions regarding the EPA Region 10,
please contact Claudia Vaupel, U.S.
EPA, telephone (206) 553–6121, e-mail
at vaupel.claudia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Purpose
The purpose of this notice is to solicit
public comments from interested parties
other than states and tribes on the EPA’s
recent responses to the state and tribal
designation recommendations for the
2010 Primary NO2 NAAQS. The Clean
Air Act (CAA) section 107(d) provides
a process for designations that involves
recommendations by states and tribes to
the EPA and responses from the EPA to
those parties, prior to the EPA
promulgating final designations and
boundaries. The EPA is not required
under CAA section 107(d) to seek public
comment during the designation
process, but is electing to do so for the
2010 Primary NO2 NAAQS in order to
gather additional information for EPA to
consider before making final
designations. The EPA invites public
comment on its responses to states and
tribes during the 30-day comment
period provided in this notice. Due to
the statutory timeframe for
promulgating designations set out in
CAA section 107(d), the EPA will not be
able to consider any comments
submitted after August 8, 2011,
notwithstanding what may have
appeared in any state-specific
announcements. This notice and
opportunity for public comment does
not affect any rights or obligations of
any state, tribe or the EPA which might
otherwise exist pursuant to CAA section
107(d).
Please refer to the ADDRESSES section
in this document for specific
instructions on submitting comments
and locating relevant public documents.
• In providing comments to the EPA
please consider the agency’s charge
under CAA section 107(d). Under this
section, the EPA is obligated to identify
every area as attainment, nonattainment,
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Proposed Rules
or unclassifiable. Further, in
establishing nonattainment area
boundaries, the agency is required to
identify the area that does not meet the
2010 Primary NO2 standard and any
nearby area that is contributing to the
area that does not meet that standard. If
you believe that a specific geographic
area that the EPA is proposing to
identify as a nonattainment area should
not be categorized by the section 107(d)
criteria as nonattainment, or if you
believe that a specific area not proposed
by the EPA to be identified as a
nonattainment area should in fact be
categorized as nonattainment using the
section 107(d) criteria, please be as
specific as possible in supporting your
belief.
• 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.
II. Instructions for Submitting Public
Comments
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A. What should I consider as I prepare
my comments for the EPA?
1. Submitting CBI. Do not submit this
information to the 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 the 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. Send or deliver
information identified as CBI only to the
following address: Roberto Morales,
U.S. EPA, Office of Air Quality Planning
and Standards, Mail Code C404–02,
Research Triangle Park, NC 27711,
telephone (919) 541–0880, e-mail at
morales.roberto@epa.gov, Attention
Docket ID No. OAR–2011–0572.
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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.
III. Background
The process for designating areas
following promulgation of a new or
revised NAAQS is contained in CAA
section 107(d) (42 U.S.C. 7407).
Following the promulgation of a new or
revised standard, each Governor or
Tribal Leader has an opportunity to
recommend air quality designations,
including the appropriate boundaries
for nonattainment areas, to the EPA. The
EPA considers these recommendations
as part of its duty to promulgate the
formal area designations and boundaries
for the new or revised standards. By no
later than 120 days prior to
promulgating designations, the EPA is
required to notify states or tribes of any
intended modification to an area
designation or boundary
recommendation that the EPA deems
necessary. On or around June 29, 2011,
the EPA notified states and tribes of its
intended area designations for the 2010
Primary NO2 NAAQS. States and tribes
now have an opportunity to
demonstrate why they believe a
modification proposed by the EPA may
be inappropriate. In these responses, the
EPA encourages states and tribes to
provide comments and additional
information for consideration by the
EPA in finalizing designations. The EPA
plans to make final designation
determinations for the 2010 Primary
NO2 NAAQS by October 31, 2011.
IV. Internet Web Site for Rulemaking
Information
The EPA has also established a Web
site for this rulemaking at https://
www.epa.gov/no2designations. The Web
site includes the EPA’s state and tribal
designation recommendations, as well
as the rulemaking actions and other
related information that the public may
find useful.
PO 00000
Dated: June 29, 2011.
Mary E. Henigin,
Acting Director, Office of Air Quality Planning
and Standards.
[FR Doc. 2011–17060 Filed 7–6–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2011–0002; Internal
Agency Docket No. FEMA–B–1202]
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule.
AGENCY:
Comments are requested on
the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed
BFE modifications for the communities
listed in the table below. The purpose
of this proposed rule is to seek general
information and comment regarding the
proposed regulatory flood elevations for
the reach described by the downstream
and upstream locations in the table
below. The BFEs and modified BFEs are
a part of the floodplain management
measures that the community is
required either to adopt or to show
evidence of having in effect in order to
qualify or remain qualified for
participation in the National Flood
Insurance Program (NFIP). In addition,
these elevations, once finalized, will be
used by insurance agents and others to
calculate appropriate flood insurance
premium rates for new buildings and
the contents in those buildings.
DATES: Comments are to be submitted
on or before October 5, 2011.
ADDRESSES: The corresponding
preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each
community is available for inspection at
the community’s map repository. The
respective addresses are listed in the
table below.
You may submit comments, identified
by Docket No. FEMA–B–1202, to Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–4064, or (e-mail)
luis.rodriguez1@dhs.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Rodriguez, Chief, Engineering
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Luis
Agencies
[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Proposed Rules]
[Pages 39798-39800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17060]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2011-0572; FRL-9430-4]
EPA Responses to State and Tribal 2010 NO2 Designation
Recommendations: Notice of Availability and Public Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability and public comment period.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the EPA has posted its responses
to state and tribal designation recommendations for the 2010 Primary
Nitrogen Dioxide (NO2) National Ambient Air Quality Standard
(NAAQS) on its Internet website. The EPA invites public comments on its
responses during the 30-day comment period specified in the
[[Page 39799]]
DATES section. The EPA sent responses directly to the states and tribes
on June 29, 2011, and plans to make final designations determinations
for the 2010 Primary NO2 NAAQS by October 31, 2011.
DATES: Comments must be received on or before August 8, 2011. Please
refer to SUPPLEMENTARY INFORMATION for additional information on the
comment period.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2011-
0572 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. Attention Docket ID No.
EPA-HQ-OAR-2011-0572.
Fax: 202-566-9744. Attention Docket ID No. EPA-HQ-OAR-
2011-0572.
Mail: Air Docket, Attention Docket ID No. EPA-HQ-OAR-2011-
0572, Environmental Protection Agency, Mail Code: 6102T, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
Hand Delivery: EPA Docket Center, 1301 Constitution
Avenue, NW., Room 3334, Washington, DC. 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-
2011-0572. The 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
regulations.gov or e-mail. The https://www.regulations.gov Web site is
an ``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the 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, the 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 the EPA is unable to read your
comment and cannot contact you for clarification due to technical
difficulties, the 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 the 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 Section II of 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, 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 in https://www.regulations.gov or in hard copy at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Avenue, 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
Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: For general questions concerning this
action, please contact Doug Solomon, U.S. EPA, Office of Air Quality
Planning and Standards, Air Quality Planning Division, C539-04,
Research Triangle Park, NC 27711, telephone (919) 541-4132, e-mail at
solomon.douglas@epa.gov. For questions regarding the EPA Region 1,
please contact Donald Dahl, U.S. EPA, telephone (617) 918-1657, e-mail
at dahl.donald@epa.gov. For questions regarding the EPA Region 2,
please contact Raymond Werner, U.S. EPA, telephone (212) 637-3706, e-
mail at werner.raymond@epa.gov. For questions regarding the EPA Region
3, please contact Gregory Becoat, U.S. EPA, telephone (215) 814-2036,
e-mail at becoat.gregory@epa.gov. For questions regarding the EPA
Region 4, please contact Steve Scofield, U.S. EPA, telephone (404) 562-
9034, e-mail at scofield.steve@epa.gov. For questions regarding the EPA
Region 5, please contact Gilberto Alvarez, U.S. EPA, telephone (312)
886-6143, e-mail at alvarez.gilberto@epa.gov. For questions regarding
the EPA Region 6, please contact Alan Shar, U.S. EPA, telephone (214)
665-6691, e-mail at shar.alan@epa.gov. For questions regarding the EPA
Region 7, please contact Elizabeth Kramer, U.S. EPA, telephone (913)
551-7186, email at kramer.elizabeth@epa.gov. For questions regarding
the EPA Region 8, please contact Crystal Freeman, U.S. EPA, telephone
(303) 312-6602, e-mail at freeman.crystal@epa.gov. For questions
regarding the EPA Region 9, please contact Frances Wicher, U.S. EPA,
telephone (415) 972-3957, e-mail at wicher.frances@epa.gov. For
questions regarding the EPA Region 10, please contact Claudia Vaupel,
U.S. EPA, telephone (206) 553-6121, e-mail at vaupel.claudia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Purpose
The purpose of this notice is to solicit public comments from
interested parties other than states and tribes on the EPA's recent
responses to the state and tribal designation recommendations for the
2010 Primary NO2 NAAQS. The Clean Air Act (CAA) section
107(d) provides a process for designations that involves
recommendations by states and tribes to the EPA and responses from the
EPA to those parties, prior to the EPA promulgating final designations
and boundaries. The EPA is not required under CAA section 107(d) to
seek public comment during the designation process, but is electing to
do so for the 2010 Primary NO2 NAAQS in order to gather
additional information for EPA to consider before making final
designations. The EPA invites public comment on its responses to states
and tribes during the 30-day comment period provided in this notice.
Due to the statutory timeframe for promulgating designations set out in
CAA section 107(d), the EPA will not be able to consider any comments
submitted after August 8, 2011, notwithstanding what may have appeared
in any state-specific announcements. This notice and opportunity for
public comment does not affect any rights or obligations of any state,
tribe or the EPA which might otherwise exist pursuant to CAA section
107(d).
Please refer to the ADDRESSES section in this document for specific
instructions on submitting comments and locating relevant public
documents.
In providing comments to the EPA please consider the
agency's charge under CAA section 107(d). Under this section, the EPA
is obligated to identify every area as attainment, nonattainment,
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or unclassifiable. Further, in establishing nonattainment area
boundaries, the agency is required to identify the area that does not
meet the 2010 Primary NO2 standard and any nearby area that
is contributing to the area that does not meet that standard. If you
believe that a specific geographic area that the EPA is proposing to
identify as a nonattainment area should not be categorized by the
section 107(d) criteria as nonattainment, or if you believe that a
specific area not proposed by the EPA to be identified as a
nonattainment area should in fact be categorized as nonattainment using
the section 107(d) criteria, please be as specific as possible in
supporting your belief.
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.
II. Instructions for Submitting Public Comments
A. What should I consider as I prepare my comments for the EPA?
1. Submitting CBI. Do not submit this information to the 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 the 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. Send or deliver information
identified as CBI only to the following address: Roberto Morales, U.S.
EPA, Office of Air Quality Planning and Standards, Mail Code C404-02,
Research Triangle Park, NC 27711, telephone (919) 541-0880, e-mail at
morales.roberto@epa.gov, Attention Docket ID No. OAR-2011-0572.
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.
III. Background
The process for designating areas following promulgation of a new
or revised NAAQS is contained in CAA section 107(d) (42 U.S.C. 7407).
Following the promulgation of a new or revised standard, each Governor
or Tribal Leader has an opportunity to recommend air quality
designations, including the appropriate boundaries for nonattainment
areas, to the EPA. The EPA considers these recommendations as part of
its duty to promulgate the formal area designations and boundaries for
the new or revised standards. By no later than 120 days prior to
promulgating designations, the EPA is required to notify states or
tribes of any intended modification to an area designation or boundary
recommendation that the EPA deems necessary. On or around June 29,
2011, the EPA notified states and tribes of its intended area
designations for the 2010 Primary NO2 NAAQS. States and
tribes now have an opportunity to demonstrate why they believe a
modification proposed by the EPA may be inappropriate. In these
responses, the EPA encourages states and tribes to provide comments and
additional information for consideration by the EPA in finalizing
designations. The EPA plans to make final designation determinations
for the 2010 Primary NO2 NAAQS by October 31, 2011.
IV. Internet Web Site for Rulemaking Information
The EPA has also established a Web site for this rulemaking at
https://www.epa.gov/no2designations. The Web site includes the EPA's
state and tribal designation recommendations, as well as the rulemaking
actions and other related information that the public may find useful.
Dated: June 29, 2011.
Mary E. Henigin,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2011-17060 Filed 7-6-11; 8:45 am]
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