Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules 55711 

example, signage, plaques, media and 

communication). What are the 

appropriate ways the Forest Service 

should recognize our partners, both 

non-profit and for-profit? 

Conclusion 

The Forest Service is considering how 

best to proceed with policy 

development relating to partnership 

arrangements. Public input relating to 

the questions listed above will be 

helpful in developing the Agency’s 

policy. 

Dated: September 8, 2010. 

Thomas L. Tidwell, 

Chief, Forest Service. 

[FR Doc. 2010–22819 Filed 9–13–10; 8:45 am] 

BILLING CODE 3410–11–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51, 52, 72, 78, and 97 

[EPA–HQ–OAR–2009–0491; FRL–9201–6] 

RIN 2060–AP50 

Federal Implementation Plans To 

Reduce Interstate Transport of Fine 

Particulate Matter and Ozone; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; correcting 

amendments. 

SUMMARY: The preamble to the proposed 

Transport Rule contains minor, 

technical errors that EPA is correcting in 

this action. In the portion of the 

preamble discussing in detail the 

proposed trading programs, EPA states 

clearly that it is proposing provisions 

that allow units to opt into these trading 

programs. Moreover, the proposed rule 

text for the Transport Rule includes 

detailed opt-in provisions for each 

proposed trading program. However, 

two sentences in other portions of the 

Transport Rule preamble erroneously 

state that the proposed trading programs 

do not allow units to opt in. In this 

proposed rule, EPA is correcting these 

technical errors. 

DATES: Effective Date: These correcting 

amendments are effective on September 

14, 2010. 

Comments: The deadline for receipt of 

comments on the proposed Transport 

Rule (including the corrections 

proposed by this action) continues to be 

October 1, 2010, the same date set forth 

in the proposed Transport Rule (75 FR 

45210, August 2, 2010) as the deadline 

for receipt of comments. 

Public Hearing: As explained in the 

proposed Transport Rule, three public 

hearings were scheduled to be held 

before the end of the comment period. 

The dates, times and locations were 

announced separately. Please refer to 

the notice of public hearings (75 FR 

45075, August 2, 2010) on the proposed 

Transport Rule for additional 

information on the comment period and 

the public hearings. 

ADDRESSES: The EPA has established a 

docket for the proposed Transport Rule, 

including this action, under Docket ID 

EPA–HQ–OAR–2009–0491. 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., confidential business information 

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 EPA Docket Center EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave., 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 EPA Docket Center is 

(202) 566–1742. This action and other 

rulemaking actions related to the 

proposed Transport Rule are also 

available at EPA’s Air Transport Web 

site at http://www.epa.gov/airtransport. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Tim Smith, Air Quality Policy Division, 

Office of Air Quality Planning and 

Standards (C539–04), Environmental 

Protection Agency, Research Triangle 

Park, NC 27711; telephone number: 

(919) 541–4718; fax number: (919) 541– 

0824; e-mail address: 

smith.tim@epa.gov. 

SUPPLEMENTARY INFORMATION: 

The proposed Transport Rule contains 

minor, technical errors in two sentences 

in the preamble. In the portion of the 

preamble (i.e., section V.D.4.a (75 FR 

45307–9)) that discusses in detail the 

proposed Transport Rule trading 

programs, EPA states clearly that it is 

proposing provisions that allow units to 

opt into the proposed trading programs. 

Moreover, the proposed rule text in the 

proposed Transport Rule (75 FR 45389– 

92, 45414–17, 45438–41, and 45462–65) 

includes detailed opt-in provisions for 

each of these trading programs. 

However, subsequent portions (i.e., 

sections V.F.3 (75 FR 45338) and V.G.1 

(75 FR 45340)) of the preamble compare 

the proposed rule with the Clean Air 

Interstate Rule and the Acid Rain 

Program and mention in a summary way 

the treatment of opt-in units in the 

proposed rule. Two sentences in those 

portions of the preamble erroneously 

state that the proposal does not allow 

units to opt in. 

EPA believes that the proposed 

Transport Rule, as written, makes it 

clear that the Agency is proposing to 

allow units to opt into the Transport 

Rule trading programs. Furthermore, on 

July 15, 2010, EPA put a statement on 

its Web site noting that the proposed 

trading programs allow for opt-in units 

and explaining that the two sentences 

on 75 FR 45338 and 45340 are in error. 

On August 2, 2010, the docket for the 

proposed Transport Rule, including a 

memorandum noting that this statement 

had been put on EPA’s Web site, became 

publicly available. 

While EPA maintains that its proposal 

is clear in proposing to allow opt-in 

units, EPA is publishing this 

amendment to the proposed Transport 

Rule to eliminate any possible claim of 

confusion. Specifically, EPA is 

amending the two erroneous sentences 

in the proposed Transport Rule 

preamble as follows. The second 

sentence in section V.F.3 of the 

preamble (75 FR 45338 (col. 1)) is 

amended to read: ‘‘First, the proposed 

Transport Rule allows units to opt into 

the trading programs.’’ The seventh 

sentence of section V.G.1 of the 

preamble (75 FR 45340 (col. 2)) is 

amended to read: ‘‘The Transport Rule 

programs as proposed have opt-in 

provisions, so sources, including those 

that have opted into the Acid Rain 

Program, would be able to opt into the 

Transport Rule programs.’’ These 

amendments are technical changes that 

do not alter the substance of the 

proposal. On the contrary, the 

amendments simply make two 

sentences in the preamble that 

summarily refer to the treatment of optin units in the proposal consistent with 

the portions of the preamble and rule 

text that contain not only a 

comprehensive, detailed discussion of 

EPA’s proposed inclusion of opt-in 

units in the proposed Transport Rule 

programs, but also the proposed opt-in 

provisions themselves. 

Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action only corrects minor, 

technical errors in the proposed 

Transport Rule and, as discussed above, 

does not make any substantive change 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
55712 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules 

in the proposal. This action is therefore 

not an ‘‘economically significant 

regulatory action’’ under Executive 

Order 12866, Regulatory Planning and 

Review (58 FR 51735, October 4, 1993). 

Moreover, the Office of Management 

and Budget (OMB) previously reviewed 

the proposed Transport Rule under 

Executive Order 12866. 

In addition, EPA previously prepared 

the Regulatory Impacts Analysis (RIA) 

for the proposed Transport Rule. This 

action correcting minor, technical errors 

does not affect the RIA. The RIA and the 

discussion of it in the proposed 

Transport Rule remain fully applicable 

to the proposed Transport Rule with the 

corrections proposed by this action. 

B. Paperwork Reduction Act 

EPA previously submitted for 

approval by OMB under the Paperwork 

Reduction Act (44 U.S.C. 3501, et seq.) 

the information collection requirements 

in the proposed Transport Rule. This 

action correcting minor, technical errors 

does not change these requirements and 

their estimated burden. The discussion 

of the requirements and their burden in 

the proposed Transport Rule remain 

fully applicable to the proposed 

Transport Rule with the corrections 

proposed by this action. 

C. Regulatory Flexibility Act (RFA) 

EPA previously certified that the 

proposed Transport Rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This action correcting minor, technical 

errors does not change the economic 

impact. The certification and the 

discussion of it in the proposed 

Transport Rule remain fully applicable 

to the proposed Transport Rule with the 

corrections proposed by this action. 

D. Unfunded Mandates Reform Act 

EPA previously prepared a written 

statement under section 202 of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (2 U.S.C. 1531–1538), and 

addressed the requirements of sections 

203 through 205 of UMRA, concerning 

the proposed Transport Rule. This 

action correcting minor, technical errors 

does not contain a Federal mandate that 

may result in expenditures of $100 

million or more for state, local, and 

tribal governments, in the aggregate, or 

the private sector in any one year. The 

written statement and the discussion of 

the requirements of sections 203 

through 205 of UMRA in the proposed 

Transport Rule remain fully applicable 

to the proposed Transport Rule with the 

corrections proposed by this action. 

E. Executive Order 13132: Federalism 

EPA previously discussed the 

federalism implications of the proposed 

Transport Rule. This action correcting 

minor, technical errors does not have 

any federalism implications. The 

discussion of federalism implications 

and of the applicability of Executive 

Order 13132, Federalism (64 FR 43255, 

August 10, 1999) in the proposed 

Transport Rule remain fully applicable 

to the proposed Transport Rule with the 

corrections proposed by this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

EPA previously discussed the tribal 

implications of the proposed Transport 

Rule. This action correcting minor, 

technical errors does not have any tribal 

implications. The discussion of tribal 

implications, and of the applicability of 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments (65 FR 67249, November 

9, 2000), in the proposed Transport Rule 

remain fully applicable to the proposed 

Transport Rule with the corrections 

proposed by this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA previously discussed the 

applicability of Executive Order 13045, 

Protection of Children From 

Environmental Health and Safety Risks 

(62 FR 19885, April 23, 1997) to the 

proposed Transport Rule. This action 

correcting minor, technical errors does 

not involve decisions on environmental 

health and safety that may 

disproportionately affect children. The 

discussion in the proposed Transport 

Rule concerning Executive Order 13045 

remains fully applicable to the proposed 

Transport Rule with the corrections 

proposed by this action. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

EPA previously prepared a Statement 

of Energy Effects under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). This action correcting minor, 

technical errors not only is not a 

‘‘significant energy action’’ as defined in 

section 4(b) of Executive Order 13211, 

but also does not affect the Statement of 

Energy Effects. The statement and the 

discussion of the statement in the 

proposed Transport Rule remain fully 

applicable to the proposed Transport 

Rule with the corrections proposed by 

this action. 

I. National Technology Transfer 

Advancement Act 

EPA previously discussed the 

consistency of the proposed Transport 

Rule with the requirements of section 

12(b) of the National Technology 

Transfer and Advancement Act of 1995, 

(NTAA) Public Law 104–113, 12(d) (15 

U.S.C. 272 note). This action correcting 

minor, technical errors does not involve 

the use of technical standards. The 

discussion of the application of NTAA 

requirements in the proposed Transport 

Rule remains fully applicable to the 

proposed Transport Rule with the 

corrections proposed by this action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA previously discussed the 

application of the requirements of 

Executive Order 12898, Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994) to the proposed Transport Rule. 

This action correcting minor, technical 

errors does not change the human 

health or environmental effects of the 

proposed Transport Rule on minority, 

low-income, and Tribal populations in 

the United States. The discussion 

applying the requirements of Executive 

Order 12898 in the proposed Transport 

Rule remains fully applicable to the 

proposed Transport Rule with the 

corrections proposed by this action. 

List of Subjects 

40 CFR Part 52 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Nitrogen 

oxides, Ozone, Particulate matter, 

Regional haze, Reporting and 

recordkeeping requirements, Sulfur 

dioxide. 

40 CFR Part 78 

Acid rain, Administrative practice 

and procedure, Air pollution control, 

Electric utilities, Intergovernmental 

relations, Nitrogen oxides, Reporting 

and recordkeeping requirements, Sulfur 

dioxide. 

40 CFR Part 97 

Administrative practice and 

procedure, Air pollution control, 

Electric utilities, Nitrogen oxides, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules 55713 

Dated: September 8, 2010. 

Lisa Jackson, 

Administrator. 

[FR Doc. 2010–22851 Filed 9–13–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2006–0952; FRL–9200–9] 

Air Quality Implementation Plans; 

Montana; Attainment Plan for Libby, 

MT PM2.5 Nonattainment Area and 

PM10 State Implementation Plan 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP) 

revision submitted by the State of 

Montana on March 26, 2008. Montana 

submitted this SIP revision to meet 

Clean Air Act requirements for attaining 

the 15.0 micrograms per cubic meter 

(μg/m3) annual fine Particulate Matter 

(PM2.5) national ambient air quality 

standard (NAAQS) for the Libby 

nonattainment area. The plan, herein 

called an ‘‘attainment plan,’’ includes an 

attainment demonstration, an analysis 

of Reasonably Available Control 

Technology and Reasonably Available 

Control Measures (RACT/RACM), baseyear and projection year emission 

inventories, and contingency measures. 

The requirement for a Reasonable 

Further Progress (RFP) plan is satisfied 

because Montana projects that 

attainment with the 1997 PM2.5 NAAQS 

will occur in the Libby nonattainment 

area by April 2010. In addition, we are 

proposing to approve the PM10 SIP 

revisions to the Lincoln County Air 

Pollution Control Program submitted by 

Montana on June 26, 2006 for inclusion 

into Libby’s attainment plan. This 

submittal contains provisions, including 

contingency measures, for controlling 

both PM10 and PM2.5 emissions from 

woodstoves, road dust, and outdoor 

burning. Finally, EPA is proposing to 

find on-road directly emitted PM2.5 and 

oxides of nitrogen (NOX) in the Libby, 

Montana nonattainment area 

insignificant for regional transportation 

conformity purposes. If this 

insignificance finding is finalized as 

proposed, the Libby, Montana 

nonattainment area will not have to 

perform a regional emissions analysis 

for either direct PM2.5 or NOX as part of 

future conformity determinations for the 

annual 1997 PM2.5 NAAQS. 

DATES: Written comments must be 

received on or before October 14, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2006–0952, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: freeman.crystal@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Callie Videtich, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop St., Denver, 

Colorado 80202–1129. 

• Hand Delivery: Callie Videtich, 

Director, Air Program, Environmental 

Protection Agency (EPA), Region 8, Mail 

Code 8P–AR, 1595 Wynkoop St., 

Denver, Colorado 80202–1129. Such 

deliveries are only accepted Monday 

through Friday, 8 a.m. to 4:30 p.m., 

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2006– 

0952. 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. 

For additional instructions on 

submitting comments, go to Section I, 

‘‘General Information,’’ of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

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 Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop St., Denver, Colorado 

80202–1129. EPA requests that, if at all 

possible, you contact the individual 

listed in FOR FURTHER INFORMATION

CONTACT 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: 

Crystal Freeman, Air Program, 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, Phone: (303) 312–6602, 

Fax: (303) 312–6064, 

freeman.crystal@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials SIP mean or refer to 

State Implementation Plan. 

(iv) The initials PM2.5 mean or refer to 

particulate matter with an aerodynamic 

diameter of less than 2.5 micrometers. 

(v) The initials PM10 mean or refer to 

particulate matter with an aerodynamic 

diameter of less than 10 micrometers. 

(vi) The word State or Montana refers 

to the State of Montana unless the 

context indicates otherwise. 

(vii) The initials NAAQS mean or 

refer to National Ambient Air Quality 

Standards. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS