Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Proposed Rules 34669 

4See http://ceq.hss.doe.gov/nepa/regs/ 

cooperating/cooperatingagencymemofactors.html. 

management to enhance sharing among 

regulatory agencies and the public. 

• Long-Term Discharges of Pollutants. 

A provision under consideration 

includes: (1) Incorporating our March 

31, 1997 policy statement (see footnote 

3 above) into SMCRA regulations and 

clarifying that those provisions apply to 

all long-term discharges of pollutants. 

• Stream Definitions. Alternatives 

under consideration include: (1) 

Updating the current definitions of 

perennial, intermittent, and ephemeral 

streams to include biological criteria; (2) 

Retaining the current definitions with 

the 1-square mile criterion for 

intermittent streams removed; (3) 

Adopting the stream definitions used by 

the Corps of Engineers—‘‘waters of the 

United States’’— in place of stream 

definitions; and (4) Using a flow-based 

(hydraulic) definition with no reference 

to biological condition. 

V. How do I submit comments? 

Consistent with 43 CFR 46.235, we 

invite all interested persons, 

organizations, and agencies to provide 

comments, suggestions, and any other 

information relevant to the scope of the 

EIS, the scope of the proposed Federal 

action, potential alternatives for the 

proposed Federal action, and studies 

and impacts that the EIS should 

address. See ADDRESSES for the methods 

by which we will accept comments. 

We also anticipate conducting several 

open houses in various locations in coal 

producing regions of the U.S. in July 

2010. The following locations are under 

consideration: Morgantown, WV; 

Beckley, WV; Hazard, KY; Birmingham, 

AL; Evansville, IN; Carbondale, IL; 

Fairfield, TX; Farmington, NM; and 

Gillette, WY. The open houses will 

provide an opportunity for the public to 

review information and provide oral 

and written comments regarding the 

scope of the issues to be addressed and 

identification of the significant issues 

related to the proposed action and 

possible alternatives. Information 

regarding the specific dates and 

locations will be posted on OSM’s Web 

site, http://www.osmre.gov, and in local 

news media. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment, including your 

personal identifying information, may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. Comments that we receive after 

the close of the comment period (see 

DATES) or sent to an address other than 

those listed in ADDRESSES may not be 

considered. 

If you previously submitted 

comments in response to the ANPR or 

the April 30, 2010 Notice of Intent, you 

do not need to resubmit them. We will 

consider all ANPR and April 30th 

comments as part of this EIS scoping 

process. 

VI. How do I request to participate as 

a cooperating agency? 

Consistent with 43 CFR 46.225, we, 

the lead agency, invite eligible Federal, 

state, tribal, and local governmental 

entities to indicate whether they have 

an interest in being a cooperating 

agency in the preparation of the EIS. 

Qualified entities are those with 

jurisdiction by law, as defined in 40 

CFR 1508.15, or special expertise, as 

defined in 40 CFR 1508.26. Potential 

cooperating agencies should consider 

their authority and capacity to assume 

the responsibilities of a cooperating 

agency and make the necessary 

resources available in a timely manner, 

as discussed in the document entitled 

‘‘Factors for Determining Cooperating 

Agency Status,’’4 which is Attachment 1 

to the Council on Environmental 

Quality’s January 30, 2002, 

Memorandum for the Heads of Federal 

Agencies: Cooperating Agencies in 

Implementing the Procedural 

Requirements of the National 

Environmental Policy Act. We will not 

be able to provide financial assistance to 

cooperating agencies. If you previously 

indicated that you were interested in 

being a cooperating agency, no further 

action is required. 

If you have an interest in participating 

as a cooperating agency, please contact 

the person listed in FOR FURTHER

INFORMATION CONTACT and identify those 

aspects of the EIS process in which you 

are interested in participating. The 

regulations at 43 CFR 46.230 and Items 

4 through 6 in the document discussed 

in the preceding paragraph list the 

activities in which cooperating agencies 

may wish to participate. 

Dated: June 10, 2010. 

Sterling Rideout, 

Assistant Director, Program Support. 

[FR Doc. 2010–14727 Filed 6–17–10; 8:45 am] 

BILLING CODE 4310–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0871; FRL–9164–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Transportation Conformity 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by Maryland for 

Transportation Conformity Regulations. 

In the Final Rules section of this 

Federal Register, EPA is approving the 

State’s SIP submittal as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If 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 this action should do so at this time. 

DATES: Comments must be received in 

writing by July 19, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2008–0871 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2008–0871, 

Cristina Fernandez, Associate Director, 

Office of Air Planning Programs, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previously 

listed EPA Region III address. 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–R03–OAR–2008– 

0871. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1
34670 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Proposed Rules 

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 www.regulations.gov 

or e-mail. The 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 www.regulations.gov, your email 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 

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 www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Martin Kotsch, (215) 814–3335, or by email at kotsch.martin@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the Rules and Regulations 

section of this Federal Register 

publication. 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. 

Dated: June 7, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2010–14765 Filed 6–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0386; FRL–9164–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Revision to Emission 

Limitations for R. Paul Smith Power 

Station 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Maryland. This revision pertains to 

revised emission limitations for the R. 

Paul Smith Power Station located in 

Washington County. This action is being 

taken under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before July 19, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0386 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: fernandez.cristina@epa.gov 

C. Mail: EPA–R03–OAR–2010–0386, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. 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–R03–OAR–2010– 

0386. 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 

electronic docket are listed in the http:// 

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 http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

e-mail at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background 

On December 15, 2009, the Maryland 

Department of the Environment (MDE) 

submitted a revision to the Maryland 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1