Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules 43889 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 2 

[EPA–HQ–OAR–2009–0924; FRL–9179–4] 

RIN 2060–AQ04 

Proposed Confidentiality 

Determinations for Data Required 

Under the Mandatory Greenhouse Gas 

Reporting Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Supplemental proposal. 

SUMMARY: This action supplements 

EPA’s July 7, 2010 ‘‘Proposed 

Confidentiality Determinations for Data 

Required under the Mandatory 

Greenhouse Gas Reporting Rule and 

Proposed Amendment to Special Rules 

Governing Certain Information Obtained 

under the Clean Air Act’’. In this action, 

EPA is proposing confidentiality 

determinations for the data elements 

proposed to be added or revised in the 

‘‘Proposed Rulemaking: Revision of 

Certain Provisions of the Mandatory 

Reporting of Greenhouse Gases Rule,’’ 

also signed today. This action addresses 

only the confidentiality of the new and 

revised data elements proposed in the 

concurrent notice. 

DATES: Comments. Comments must be 

received on or before August 26, 2010, 

or by September 10, 2010 if a public 

hearing is held (see below). 

Public Hearing. EPA does not plan to 

conduct a public hearing unless 

requested. To request a hearing, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

by August 3, 2010. Upon such request, 

EPA will hold the hearing on August 11, 

2010 in the Washington, DC area 

starting at 9 a.m., local time. EPA will 

provide further information about the 

hearing on its Web page if a hearing is 

requested. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2009–0924, by one of the 

following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

E-mail: GHGReportingCBI@epa.gov. 

Fax: (202) 566–1741. 

Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mailcode 6102T, Attention Docket ID 

No. EPA–HQ–OAR–2009–0924, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. 

Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20004. 

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–2009– 

0924. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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 docket 

are listed in the http:// 

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 http:// 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, EPA West, 

Room B102, 1301 Constitution Ave., 

NW., Washington, DC. This Docket 

Facility 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 GENERAL INFORMATION

CONTACT: Carole Cook, Climate Change 

Division, Office of Atmospheric 

Programs (MC–6207J), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone number: (202) 343–9263; fax 

number: (202) 343–2342; e-mail address: 

GHGMRR@epa.gov. For technical 

information, contact the Greenhouse 

Gas Reporting Rule Hotline at: http:// 

www.epa.gov/climatechange/emissions/ 

ghgrule_contactus.htm. Alternatively, 

contact Carole Cook at 202–343–9263. 

SUPPLEMENTARY INFORMATION: Additional 

Information on Submitting Comments: 

To expedite review of your comments 

by Agency staff, you are encouraged to 

send a separate copy of your comments, 

in addition to the copy you submit to 

the official docket, to Carole Cook, U.S. 

EPA, Office of Atmospheric Programs, 

Climate Change Division, Mail Code 

6207–J, Washington, DC 20460, 

telephone (202) 343–9263, e-mail 

GHGReportingCBI@epa.gov. 

Regulated Entities. This supplemental 

action affects entities required to submit 

annual greenhouse gas (GHG) reports 

under 40 CFR Part 98. The 

Administrator determined that Part 98 is 

subject to the provisions of Clean Air 

Act (CAA) section 307(d). See CAA 

section 307(d)(1)(V) (the provisions of 

CAA section 307(d) apply to ‘‘such other 

actions as the Administrator may 

determine’’). The Mandatory 

Greenhouse Gas Reporting Rule and this 

action affect fuel and chemicals 

suppliers, and direct emitters of GHGs. 

Affected categories and entities include 

those listed in Table 1 of the preamble 

to the ‘‘Proposed Confidentiality 

Determinations for Data Required under 

the Mandatory Greenhouse Gas 

Reporting Rule and Proposed 

Amendment to Special Rules Governing 

Certain Information Obtained under the 

Clean Air Act’’ (75 FR 39094). 

Acronyms and Abbreviations. The 

following acronyms and abbreviations 

are used in this document. 

CAA Clean Air Act 

CBI confidential business information 

CFR Code of Federal Regulations 

EPA U.S. Environmental Protection Agency 

GHG greenhouse gas 

U.S. United States 

Table of Contents 

I. General Information 

A. Background 

B. Proposed Changes to the Part 98 

Reporting Requirements 

C. Proposed Data Categories and 

Confidentiality Determinations for the 

Proposed New and Revised Data 

Elements 

D. Request for Comments 

II. Statutory and Executive Order Reviews 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
43890 Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules 

I. General Information 

A. Background 

Under Part 98 of the final Mandatory 

Greenhouse Gas Reporting Rule (74 FR 

56259, October 30, 2009, and 

subsequent amendments), hereinafter 

referred to as Part 98, EPA will collect 

data from facilities that directly emit 

GHGs from their processes or stationary 

fuel combustion sources (‘‘direct 

emitters’’) as well as upstream suppliers 

of fuels and industrial GHGs 

(‘‘suppliers’’). 

Following the publication of the 

proposed Mandatory GHG Reporting 

Rule on April 10, 2009 (74 FR 16448), 

EPA received comments both 

supporting and opposing the public 

release of data collected under Part 98. 

Industry commenters generally 

expressed concern that EPA would 

disclose reported data that industry 

considers trade secrets or confidential 

business information, hereinafter 

collectively referred to as CBI. Other 

commenters favored disclosure of 

information, and some argued that all of 

the information gathered under Part 98 

should be ‘‘emission data’’ and hence 

not entitled to confidential treatment. 

In response to these comments, EPA 

initiated a rulemaking to establish the 

confidentiality status of Part 98 data 

elements and procedures for handling 

Part 98 data. On July 7, 2010, EPA 

published the ‘‘Proposed Confidentiality 

Determinations for Data Required under 

the Mandatory Greenhouse Gas 

Reporting Rule and Proposed 

Amendment to Special Rules Governing 

Certain Information Obtained under the 

Clean Air Act’’ (75 FR 39094), herinafter 

referred to as the July 7, 2010 

confidentiality proposal. 

Concurrent to today’s action, EPA 

signed the ‘‘Proposed Rulemaking: 

Revision of Certain Provisions of the 

Mandatory Reporting of Greenhouse 

Gases Rule’’ herinafter referred to as the 

Part 98 amendment proposal. The Part 

98 Amendments proposal, if finalized, 

would result in changes to certain part 

98 data elements. Because the July 7, 

2010 confidentiality proposal was 

issued before the Part 98 amendment 

proposal, it did not address the revised 

and new data elements in the 

amendments proposal. This action 

contains EPA’s proposed confidentiality 

determination for the new and revised 

data elements included in the Part 98 

amendment proposal. 

B. Proposed Changes to the Part 98 

Reporting Requirements 

As mentioned above, EPA proposed 

amendments to Part 98 that, if finalized, 

would make clarifying and technical 

changes to reporting requirements. 

Proposed revisions include allowing 

greater flexibility or simplified 

calculation methods for certain sources, 

amending data reporting requirements 

and definitions, and providing technical 

corrections, clarifying and other 

amendments. The proposed 

amendments include addition of new 

reporting requirements and deletion of 

certain existing reporting requirements. 

The proposed amendments include 

changes to the data elements required 

by 40 CFR part 98, subpart A and the 

following Part 98 subparts promulgated 

in 2009: 

• Subpart C, General Stationary Fuel 

Combustion Sources; 

• Subpart D, Electricity Generation; 

• Subpart F, Aluminum Production; 

• Subpart G, Ammonia 

Manufacturing; 

• Subpart V, Nitric Acid Production; 

• Subpart X, Petrochemical 

Production; 

• Subpart Y, Petrochemical 

Production; 

• Subpart OO, Suppliers of Industrial 

Greenhouse Gases; and 

• Subpart PP, Suppliers of Carbon 

Dioxide. 

After consideration of public 

comment, EPA intends to issue a final 

action. 

C. Proposed Confidentiality 

Determinations for the Proposed New 

and Revised Data Elements 

In the July 7, 2010 confidentiality 

proposal, EPA described the 

methodology and rationale for the 

proposed confidentiality 

determinations. To make the proposed 

determinations, EPA first grouped the 

Part 98 data elements into 22 data 

categories (11 direct emitter data 

categories and 11 supplier data 

categories) and then proposed 

confidentiality determinations on a 

category basis. Exceptions to this 

approach were made for three of the 

supplier data categories, where 

confidentiality determinations were 

made for individual data elements 

within the category rather than by 

category. For the list of all 22 data 

categories and brief descriptions of the 

data elements within each category, 

please see Section II.C (for direct emitter 

data categories) and Section II.D (for 

supplier data categories) of the July 7, 

2010 confidentiality proposal. 

As discussed in Section I.B of today’s 

supplemental proposal, in the Part 98 

amendment proposal, EPA proposed 

amending part 98 to add, delete and 

revise certain data elements. Today’s 

action contains EPA’s proposed 

confidentiality determination for the 

proposed new and revised data 

elements. 

Consistent with the approach set forth 

in the July 7, 2010 confidentiality 

proposal, each new or revised data 

element is assigned to one of the 22 data 

categories based on the type and 

characteristics of the data element. 

Because the scopes of the existing data 

categories are sufficient to cover the 

proposed new data elements, no new 

data category is proposed. For a list of 

the new and revised data elements 

addressed in the Part 98 amendments 

proposal and their assigned data 

categories, please see Memorandum 

‘‘Data Category Assignments for the 

Proposed Revisions to the Part 98 

Reporting Requirements’’ in Docket 

EPA–HQ–OAR–2009–0924 and on the 

Web site (http://www.epa.gov/ 

climatechange/emissions/CBI.html.) 

As mentioned above, EPA proposed 

confidentiality determinations for part 

98 data on a category basis except for 

three supplier categories, where 

confidentiality determinations were 

made for individual data elements 

within the category rather than by 

category. These three supplier data 

categories are: ‘‘Greenhouse Gases 

Reported’’, ‘‘Production/Throughput 

Quantities and Composition’’, and 

‘‘Unit/Process Operating 

Characteristics’’. Except for data 

elements assigned to the three supplier 

data categories listed above, EPA 

proposes in this supplemental notice to 

apply the confidentiality determination 

(and supporting rationales) for the data 

category to which the proposed new or 

revised data element is assigned. 

For each revised data element, EPA 

assessed whether the proposed revisions 

to the data element changed the existing 

data category assignment. The proposed 

changes to existing data elements were 

generally minor changes to correct 

references, clarify the reporting 

requirement, or simplify reporting. 

None of the proposed revisions to the 

existing data elements affect the existing 

category assignments for these data 

elements. 

The proposed amendments to part 98 

would add two new data elements to the 

‘‘Production/Throughput Quantities and 

Composition’’ supplier data category 

and three new data elements to the 

‘‘Unit/Process Operating Characteristics’’ 

supplier data category. As previously 

mentioned, confidentiality 

determinations were proposed for 

individual data elements within these 

categories rather than on a category 

basis. Similarly, EPA evaluated 

individually the confidentiality status of 

the proposed new data elements 

assigned to these two data categories. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules 43891 

1Section 114(c) of the CAA requires that 

‘‘emission data’’ shall be publicly available. 

In the July 7, 2010 confidentiality 

proposal, EPA proposed to determine 

that none of the Part 98 supplier data 

qualify as ‘‘emission data’’ as that term 

is defined at 40 CFR 2.301(a)(i).1 EPA 

then proposed CBI determinations for 

supplier data by considering the 

confidentiality determination criteria at 

40 CFR 2.208. In particular, EPA 

focused on whether release of the data 

is likely to cause substantial harm to the 

business’s competitive position. See 40 

CFR 2.208(e)(1). Consistent with this 

approach, EPA proposes the following 

CBI determinations for the proposed 

new supplier data elements in the 

‘‘Production/Throughput Quantities and 

Composition’’ and ‘‘Unit/Process 

Operating Characteristics’’ supplier data 

categories. 

One new data element added to the 

‘‘Production/Throughput Quantities and 

Composition’’ data category requires 

facilities that produce fluorinated GHGs 

to report the concentration of each 

fluorinated GHG contained in their 

products. These data would be reported 

in a one-time report submitted by 

fluorinated GHG production facilities by 

March 31, 2011. The other new data 

element assigned to this data category 

would require fluorinated GHG 

production facilities to submit a revised 

report of the concentrations of 

fluorinated GHGs when changes are 

made to the compositions of their 

products. EPA proposes that these data 

elements be considered CBI. Like the 

other product specific data elements 

included in this data category in the 

July 7, 2010 confidentiality proposal, 

these two data elements would provide 

sensitive information on product 

composition that is not already publicly 

available and would likely harm the 

competitive position of fluorinated GHG 

producers. For more detailed rationales 

in support of our proposed CBI 

determination for these two new data 

elements, please see Section II.D.3 of the 

July 7, 2010 confidentiality proposal, 

which discusses the ways in which 

product-specific production quantities 

and product composition data could be 

used by competitors of a reporting 

facility to gain insights and develop 

market strategies that would harm the 

reporter’s competitive position. 

The three new data elements added to 

the data category for ‘‘Unit/Process 

Operating Characteristics’’ consist of the 

following data elements: 

• The location of the mass flow meter 

in the process chain in relation to the 

points of CO2 stream capture, 

dehydration, compression, and other 

processing (40 CFR part 98, subpart PP). 

• The location of the volumetric flow 

meter in the process chain in relation to 

the points of CO2 stream capture, 

dehydration, compression, and other 

processing (40 CFR part 98, subpart PP). 

• Date on which changes were made 

to fluorinated GHG concentrations in a 

product or the date on which 

production of a new product 

commenced (40 CFR part 98, subpart 

OO). 

The location of flow meters does not 

provide information on the design or 

operation of a facility’s production 

processes or the design or operation of 

any CO2 compression, dehydration, or 

other purification process that may be 

present at the facility. Facilities are not 

required to provide detailed and 

potentially sensitive information about 

their facilities, such as descriptions or 

diagrams of their processes. Rather 

reporters are only required to report 

limited information on the location of a 

flow meter in terms of its position 

relative to other processes, such as the 

CO2 stream capture, dehydration, 

compression, and other processing. 

Similarly, the date on which 

manufacture of a new product 

commenced or changes were made to 

the composition of a fluorinated GHG 

product does not disclose the actual 

composition of the product, the raw 

materials used to make the product, the 

method of manufacture, or the 

efficiency of the manufacturing process. 

The manufacture of a new product and 

changes to existing product lines is 

often publicly available through 

company marking materials and other 

sources (e.g., publication or revisions to 

Material Safety Data Sheets). Since the 

disclosure of these data elements is 

unlikely to harm the competitive 

position of the reporter, we propose 

these three data elements would not be 

entitled to confidential treatment. 

When finalized, the changes to the 

data elements may not be exactly the 

same as those proposed in the Part 98 

amendment proposal; however, we 

expect that any revisions to data 

elements in the final amendment would 

still logically fall into the same or 

another data category that is addressed 

in the confidentiality proposal and 

would therefore be covered by the 

confidentiality determination for that 

data category. If the final amendments 

differ from those included in the Part 98 

amendment proposal, EPA will address 

those changes in the final 

confidentiality determination action. 

D. Request for Comments 

This supplemental action provides 

affected businesses, other stakeholders, 

and the general public an opportunity to 

provide comment on the proposed 

confidentiality determinations for the 

proposed new and revised data 

elements. For the proposed new and 

revised data elements, we are soliciting 

comment on the issues raised in the July 

7, 2010 confidentiality proposal as they 

apply to the new and revised data 

elements addressed in the part 98 

amendment proposal and this 

supplemental notice. Specifically, we 

are soliciting comment on whether the 

data category assignments for the 

proposed new and revised data 

elements are reasonable and appropriate 

(i.e., whether the proposed new and 

revised data elements are sufficiently 

similar to the other data elements listed 

in their assigned data category or 

whether a different data category would 

be more appropriate). We are also 

soliciting comment on whether the 

proposed confidentiality determinations 

for these data elements are appropriate, 

whether any specific circumstances 

exist that would warrant different 

confidentiality determinations for these 

data elements, and whether any unique 

circumstances exist where a limited 

process would be appropriate to reevaluate EPA’s final determinations for 

these data elements. For a list of the 

proposed new and revised data 

elements and their assigned data 

categories, please see the memorandum 

‘‘Data Category Assignments for the 

Proposed Revisions to the Part 98 

Reporting Requirements’’ in Docket 

EPA–HQ–OAR–2009–0924 and on the 

Web site (http://www.epa.gov/

climatechange/emissions/CBI.html.) 

We are also interested in receiving 

suggestions on appropriate formats for 

publishing the proposed new and 

revised data elements (both CBI and 

non-CBI data). For those new and 

revised data elements for which we 

propose confidential treatment, we are 

soliciting suggestions for the best 

methods of aggregating the data and 

comment on whether publishing any of 

the new and revised data elements in 

ranges at the facility-level would 

provide valuable information that 

aggregated data may not convey. 

In today’s notice we are soliciting 

comment only on the proposed 

confidentiality determinations for the 

new and revised data elements 

contained in the Part 98 amendment 

proposal. We are not soliciting further 

comment on those data elements in the 

July 7, 2010 confidentiality proposal for 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
43892 Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules 

which no changes are proposed in the 

Part 98 amendment proposal. 

II. Statutory and Executive Order 

Reviews 

The statutory and executive order 

reviews do not apply to this notice 

because this notice does not propose 

any regulatory changes. For a complete 

discussion of the statutory and 

executive order reviews as they apply to 

the proposed amendments to 40 CFR 

part 2, see the notice ‘‘Proposed 

Confidentiality Determinations for Data 

Required under the Mandatory 

Greenhouse Gas Reporting Rule and 

Proposed Amendment to Special Rules 

Governing Certain Information Obtained 

under the Clean Air Act’’ (75 FR 39094). 

List of Subjects 40 CFR Part 2 

Environmental protection, 

Administrative practice and procedure, 

Reporting and recordkeeping 

requirements. 

Dated: July 20, 2010. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2010–18229 Filed 7–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2010–0321, FRL–9180–5] 

Approval and Promulgation of 

Implementation Plans; New York 

Prevention of Significant Deterioration 

of Air Quality and Nonattainment New 

Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the New York State 

Implementation Plan (SIP) submitted by 

the New York State Department of 

Environmental Conservation on March 

3, 2009. The proposed revisions would 

create a new New York State Prevention 

of Significant Deterioration of Air 

Quality (PSD) regulations program and 

modify the existing New York State 

Nonattainment New Source Review 

(NNSR) regulations in the SIP. These 

proposed revisions also address changes 

mandated by the revised Federal New 

Source Review (NSR) regulations, 

referred to as the ‘‘2002 NSR Reform 

Rules.’’ EPA’s 2002 NSR Reform Rules, 

proposed by New York State for 

inclusion in the New York SIP with 

some changes, include provisions for 

baseline emissions calculations, an 

actual-to-projected-actual methodology 

for calculating emissions changes, 

options for plantwide applicability 

limits, and recordkeeping and reporting 

requirements. If EPA finalizes approval 

of New York’s regulations, New York 

will implement its own PSD and NNSR 

State regulations. EPA notes that, in this 

proposal, no action is being taken on 

certain items of New York’s revisions 

that relate to the Prevention of 

Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule 

(‘‘Tailoring Rule’’). 

DATES: Comments must be received on 

or before August 26, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

R02–OAR–2010–0321, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Werner.Raymond@epa.gov. 

• Fax: 212–637–3901. 

• Mail: Raymond Werner, Chief, Air 

Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Raymond Werner, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. 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 a.m. to 

4:30 p.m. excluding Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–OAR–2010– 

0321. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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 http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

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 http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 2 Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. EPA requests, if 

at all possible, that you contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8 a.m. to 4 

p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Frank Jon, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–4085; 

e-mail address: jon.frank@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, references 

to ‘‘EPA,’’ ‘‘we,’’ ‘‘us,’’ or ‘‘our,’’ are 

intended to mean the Environmental 

Protection Agency. The supplementary 

information is arranged as follows: 

I. What is being addressed in this 

document? 

II. What is the background for this action? 

III. What is EPA’s analysis of New York’s 

NSR rule revisions? 

IV. What action is EPA proposing to take? 

V. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

On March 3, 2009, the State of New 

York, through the New York State 

Department of Environmental 

Conservation (NYSDEC), submitted to 

EPA Region 2 revisions to the New York 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1