Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Proposed Rules 10815 

E. Avoid Increasing Price to Consumers 

of Power 

24. In fixing annual charges, we must 

seek to avoid increasing the price to 

consumers of power by such charges. 

Therefore, any proposed methodology 

should provide reasonable, but not 

excessive, compensation to the United 

States for the use of its lands. 

III. Comment Procedures 

25. The Commission invites interested 

persons to submit comments and other 

information on the matters, issues, and 

specific questions identified in this 

notice. Comments are due April 29, 

2011. Comments must refer to Docket 

No. RM11–6–000, and must include the 

commenter’s name, the organization it 

represents, if applicable, and its 

address. 

26. To facilitate the Commission’s 

review of the comments, commenters 

are requested to provide an executive 

summary of their position. Commenters 

are requested to identify each specific 

question posed by the Notice of Inquiry 

that their discussion addresses and to 

use appropriate headings. Additional 

issues the commenters wish to raise 

should be identified separately. The 

commenters should double-space their 

comments. 

27. The Commission encourages 

comments to be filed electronically via 

the eFiling link on the Commission’s 

Web site at http://www.ferc.gov. The 

Commission accepts most standard 

word processing formats. Documents 

created electronically using word 

processing software should be filed in 

native applications or print-to-PDF 

format and not in a scanned format. 

Commenters filing electronically do not 

need to make a paper filing. 

28. Commenters unable to file 

comments electronically must mail or 

hand deliver an original copy of their 

comments to: Federal Energy Regulatory 

Commission, Secretary of the 

Commission, 888 First Street, NE., 

Washington, DC, 20426. The current 

requirements are specified on the 

Commission’s Web site, see, e.g., the 

‘‘Quick Reference Guide for Paper 

Submissions,’’ available at http:// 

www.ferc.gov/docs-filing/efiling.asp, or 

via phone from FERC Online Support at 

202–502–6652 or toll-free at 1–866– 

208–3676. 

29. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

are not required to serve copies of their 

comments on other commenters. 

IV. Document Availability 

30. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through the 

Commission’s Home Page (http:// 

www.ferc.gov) and in the Commission’s 

Public Reference Room during normal 

business hours (8:30 a.m. to 5 p.m. 

Eastern time) at 888 First Street, NE., 

Room 2A, Washington, DC 20426. 

31. From the Commission’s Home 

Page on the Internet, this information is 

available in the Commission’s document 

management system, eLibrary. The full 

text of this document is available on 

eLibrary in PDF and Microsoft Word 

format for viewing, printing, and/or 

downloading. To access this document 

in eLibrary, type the docket number 

(excluding the last three digits) in the 

docket number field. 

32. User assistance is available for 

eLibrary and the Commission’s Web site 

during normal business hours. For 

assistance, please contact the 

Commission’s Online Support at 1–866– 

208–3676 (toll free) or 202–502–6652 (email at FERCOnlineSupport@ferc.gov) 

or the Public Reference Room at 202– 

502–8371, TTY 202–502–8659 (e-mail at 

public.referenceroom@ferc.gov). 

By direction of the Commission. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2011–4268 Filed 2–25–11; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2010–0416; FRL–9271–8] 

Approval and Promulgation of 

Determination of Attainment for the 

1997 8-Hour Ozone Standard: States of 

Missouri and Illinois 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the St. Louis (MO-IL) 

metropolitan nonattainment area has 

attained the 1997 8-hour National 

Ambient Air Quality Standard (NAAQS) 

for ozone. The St. Louis metropolitan 

ozone nonattainment area includes the 

counties of Franklin, Jefferson, St. 

Charles, and St. Louis as well as St. 

Louis City in Missouri; and the counties 

of Madison, Monroe, St. Clair, and 

Jersey in Illinois. This proposed 

determination is based on three years of 

complete, quality assured ambient air 

quality monitoring data for Missouri 

and Illinois for the 2008 through 2010 

ozone seasons showing attainment of 

the NAAQS at all ozone monitoring 

sites in the nonattainment area. If EPA 

finalizes its proposed determination, it 

will suspend the obligation to submit 

certain ozone attainment demonstration 

requirements, along with other 

requirements related to the attainment 

of the 1997 8-hour ozone standard. 

DATES: Comments must be received on 

or before March 30, 2011. 

ADDRESSES: Submit your comments 

regarding the Missouri portion of the St. 

Louis (MO–IL) metropolitan area, 

identified by Docket ID No. EPA–R07– 

OAR–2010–0416, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: kemp.lachala@epa.gov. 

3. Mail or Hand Delivery or Courier: 

Lachala Kemp, Environmental 

Protection Agency, Air Planning and 

Development Branch, 901 North 5th 

Street, Kansas City, Kansas 66101. 

Submit your comments regarding the 

Illinois portion of the St. Louis (MO–IL) 

metropolitan area, identified by Docket 

ID No. EPA–R07–OAR–2010–0416, by 

one of the following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Mail or Hand Delivery or Courier: 

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. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2010– 

0146. 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. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
10816 Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Proposed Rules 

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 

electronic 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, 

Air Planning and Development Branch, 

901 North 5th Street, Kansas City, 

Kansas 66101. EPA requests that you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The 

interested persons wanting to examine 

these documents should make an 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: In 

Region 7 contact Lachala Kemp, Air 

Planning and Development Branch, 901 

N. 5th Street, Kansas City, Kansas 66101 

at 913 551–7214, or by e-mail at 

kemp.lachala@epa.gov. In Region 5 

contact Edward Doty, Attaining 

Planning and Maintenance Section, Air 

Programs Branch (AR–18J), 77 West 

Jackson Boulevard, Chicago, Illinois, 

60604, (312) 866–6057 or by e-mail at 

doty.edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ or 

‘‘our’’ refer to EPA. This section provides 

additional information by addressing 

the following questions: 

Table of Contents 

I. What should I consider as I prepare my 

comments to EPA? 

II. What action is EPA proposing to take? 

III. What is the effect of this action? 

IV. EPA’s proposed action? 

V. Statutory and Executive Order Reviews 

I. What should I consider as I prepare 

my comments to EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions—EPA may ask 

you to respond to specific questions or 

organize comments by referencing Code 

of Federal Regulations (CFR) part or 

section number. 

3. Explain why you agree or disagree; 

suggest alternative and substitute 

language for your requested change. 

4. Describe any assumptions and 

provide any technical information and/ 

or data you used. 

5. If you estimate potential cost or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified in the proposed rule. 

II. What action is EPA proposing to 

take? 

EPA is proposing to determine that 

the St. Louis (MO–IL) metropolitan 1997 

8-hour ozone nonattainment area has 

attained the 1997 8-hour ozone NAAQS. 

EPA received a request from the 

Missouri Department of Natural 

Resources to determine that the St. 

Louis metropolitan nonattainment area 

has attained the 1997 8-hour ozone 

standard of 0.08 parts per million 

(ppm). This request is based upon the 

most recent three years of complete, 

quality assured ambient air monitoring 

data for Missouri and Illinois showing 

that the area has attained the NAAQS 

during the 2008–2010 monitoring 

period. 

On March 27, 2008 (73 FR 16436), 

EPA promulgated a revised 8-hour 

ozone standard of 0.075 ppm. On 

January 6, 2010, EPA again addressed 

this 2008 revised standard and proposed 

to set the primary 8-hour ozone 

standard within the range of 0.060 to 

0.070 ppm, rather than at 0.075 ppm. 

EPA is working to complete 

reconsideration of the standard and 

thereafter will proceed with 

designations. Today’s proposed 

rulemaking relates only to a 

determination of attainment for the 1997 

8-hour ozone standard and is not 

affected by the ongoing process of 

reconsidering the revised 2010 standard. 

The monitors and design values are 

displayed in Table 1. The table 

summarizes the annual fourth-high 

daily maximum 8-hour ozone 

concentrations and their 3-year (2008– 

2010) averages for all monitors in the St. 

Louis (MO–IL) metropolitan 

nonattainment area. These data reflect 

peak ozone concentrations quality 

assured and reported by the States of 

Illinois and Missouri. 

TABLE 1—ANNUAL FOURTH-HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGES IN PPM FOR

THE ST. LOUIS (MO-IL) AREA

State County Monitor 

2008 

4th high 

(ppm) 

2009 

4th high 

(ppm) 

2010 

4th high 

(ppm) 

2008–2010 

average 

(ppm) 

Illinois ..................... Jersey .................... Jerseyville, 17–083–1001 ............................... 0.069 0.068 0.072 0.069 

Madison ................. Alton, 17–119–0008 ........................................ 0.068 0.067 0.080 0.071 

Maryville, 17–119–1009 .................................. 0.070 0.074 0.074 0.072 

Wood River, 17–119–3007 ............................. 0.067 0.066 0.070 0.067 

St. Clair .................. East St. Louis, 17–163–0010 ......................... 0.064 0.069 0.072 0.068 

Missouri .................. Jefferson ................ Arnold West, 29–099–00019 .......................... 0.70 0.070 0.077 0.072 

St. Charles ............. Orchard Farm, 29–183–1004 ......................... 0.072 0.073 0.077 0.074 

West Alton, 29–183–1002 .............................. 0.076 0.071 0.084 0.077 

St. Louis ................. Maryland Heights, 29–189–0014 .................... 0.069 0.070 0.076 0.071 

Pacific, 29–189–0005 ..................................... 0.064 0.064 0.069 0.065 

St. Louis City ......... Blair Street, 29–510–0085 .............................. 0.073 0.065 0.071 0.069 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Proposed Rules 10817 

Review of the 2008–2010 ozone 

monitoring data in the nonattainment 

area shows that all sites were attaining 

the 1997 8-hour ozone NAAQS during 

this period. Therefore, based on the 

most recent three years of complete, 

quality assured ozone monitoring data, 

EPA is proposing to determine that the 

1997 8-hour ozone standard has been 

attained in the St. Louis (MO-IL) 

metropolitan ozone nonattainment area. 

III. What is the effect of this action? 

EPA is proposing to determine that 

the St. Louis metropolitan 8-hour ozone 

nonattainment area consisting of both 

the Missouri and Illinois portions of the 

area has attained the 1997 8-hour ozone 

standard. As provided in 40 CFR 51.918, 

if EPA finalizes this determination, 

certain attainment demonstration 

requirements and associated reasonably 

available control measures, reasonable 

further progress plans, contingency 

measures, and other planning SIP 

requirements related to attainment of 

the 8-hour ozone NAAQS shall be 

suspended as to the St. Louis 

nonattainment area. Under 40 CFR 

51.918, a final determination that the 

area has met the 1997 8-hour ozone 

standard suspends the State’s obligation 

to submit requirements related to 

attainment, for so long as the area 

continues to attain the standard. This 

action does not constitute a 

redesignation to attainment under CAA 

section 107(d)(3), because Missouri and 

Illinois do not have approved 

maintenance plans as required under 

section 175A of the CAA, nor has EPA 

made a determination that the area has 

met the other requirements for 

redesignation. The ozone classification 

and designation status of the area 

remains moderate nonattainment for the 

1997 8-hour ozone NAAQS until such 

time as a redesignation request and 

maintenance plan are submitted to EPA 

and EPA determines that it meets the 

CAA requirements for redesignation to 

attainment. 

If EPA subsequently determines, after 

notice-and-comment rulemaking in the 

Federal Register, that the area has 

violated the 1997 8-hour ozone 

standard, the basis for the suspension of 

these requirements would no longer 

exist, and the area would thereafter have 

to address the pertinent requirements. 

IV. EPA’s proposed action? 

EPA is proposing to determine that 

the St. Louis (MO-IL) metropolitan 1997 

8-hour ozone nonattainment area has 

attained the 1997 8-hour ozone standard 

based on three years of complete, 

quality assured ambient air quality 

monitoring data for Missouri and 

Illinois for the 2008–2010 ozone 

seasons. As provided in 40 CFR 51.918, 

if EPA finalizes this determination, the 

requirements for Missouri and Illinois to 

submit an attainment demonstration 

and associated reasonably available 

control measures, a reasonable further 

progress plan, and contingency 

measures under section 172(c)(9), and 

any other planning SIP related to 

attainment of the 1997 8-hour ozone 

NAAQS for the St. Louis Metropolitan 

area would be suspended. This 

suspension of requirements would be 

effective as long as the area continues to 

attain the 1997 8-hour ozone standard. 

This action addresses only the 1997 8- 

hour ozone standard of 0.08 ppm, and 

does not address any subsequent 

revisions to the standard. 

V. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination based on air quality data, 

and would, if finalized, result in the 

suspension of certain Federal 

Requirements. Accordingly, this 

proposed action does not impose 

additional requirements beyond those 

imposed by State law. Therefore, 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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed 8-hour 

ozone clean NAAQS data determination 

for the St. Louis (MO–IL) metropolitan 

area 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 10, 2011. 

Karl Brooks, 

Regional Administrator, Region 7. 

Dated: February 16, 2011. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2011–4382 Filed 2–25–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0995; FRL–9271–3] 

Approval and Promulgation of 

Implementation Plans; State of 

Nevada; PM–10; Determinations 

Regarding Attainment for the Truckee 

Meadows Nonattainment Area and 

Applicability of Certain Clean Air Act 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to make two 

separate and independent 

determinations regarding attainment for 

the Truckee Meadows PM–10 

nonattainment area in Washoe County, 

Nevada (Truckee Meadows area). First, 

EPA is proposing to determine that, 

based on complete and quality-assured 

air monitoring data for 1999–2001, the 

Truckee Meadows area did not attain 

the 24-hour National Ambient Air 

Quality Standard (‘‘NAAQS’’) for 


srobinson on DSKHWCL6B1PROD with PROPOSALS