23640 Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Proposed Rules 

Specific information on the location 

of each meeting can be found on the 

I2P2 Web site at https:// 

www2.ergweb.com/projects/ 

conferences/osha/register-oshaI2P2.htm. 

To participate in one of the 

stakeholder meetings, or be a 

nonparticipating observer, you may 

submit notice of intent electronically, by 

facsimile, or by hard copy. In order to 

encourage as wide a range of viewpoints 

as possible, OSHA will confirm 

participants as necessary to ensure a fair 

representation of interests and to 

facilitate gathering diverse viewpoints. 

To receive a confirmation of your 

participation 1 week before the meeting, 

register by the date listed in the DATES

section of this notice. However, 

registration will remain open until the 

meetings are full. Additional 

nonparticipating observers that do not 

register for the meeting will be 

accommodated as space permits. See the 

ADDRESSES section of this notice for the 

registration Web site, facsimile number, 

and address. To register electronically, 

follow the instructions provided on the 

Web site. To register by mail or 

facsimile, please indicate the following: 

• Name, address, phone, fax, and email. 

• Meeting location you would like to 

attend. 

• Organization for which you work. 

• Organization you represent (if 

different). 

• Stakeholder category: Government, 

industry, standards-developing 

organization, research or testing agency, 

union, trade association, insurance, 

consultant, or other (if other, please 

specify). 

• Industry sector (if applicable). 

Electronic copies of this Federal 

Register notice, as well as news releases 

and other relevant documents, are 

available on the OSHA Web page at: 

http://www.osha.gov. 

IV. Authority and Signature 

This document was prepared under 

the direction of David Michaels, PhD, 

MPH, Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, pursuant to 

sections 4, 6, and 8 of the Occupational 

Safety and Health Act of 1970 (29 U.S.C. 

653, 655, 657), 29 CFR part 1911, and 

Secretary’s Order 5–2007 (72 FR 31160). 

Signed at Washington, DC, on April 12, 

2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–10138 Filed 5–3–10; 8:45 am] 

BILLING CODE 4510–26–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2009–0462, FRL–9144–6] 

Approval and Promulgation of 

Implementation Plans; New York 

Reasonably Available Control 

Technology and Reasonably Available 

Control Measures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On August 25, 2009, the EPA 

proposed to disapprove portions of a 

proposed revision to the New York State 

Implementation Plan, submitted on 

February 8, 2008, that was intended to 

meet specific Clean Air Act 

requirements for attaining the 0.08 parts 

per million 8-hour ozone national 

ambient air quality standards. 

Specifically, EPA proposed to 

disapprove New York’s reasonably 

available control measure analysis and 

New York’s efforts to meet the 

reasonably available control technology 

requirements. Subsequent to that action, 

New York passed two additional rules 

and submitted them for review and 

inclusion in the State Implementation 

Plan and made additional commitments 

to meet the remaining reasonably 

available control technology and 

reasonably available control measure 

requirements. Therefore, in this action 

EPA is proposing a conditional approval 

of the reasonably available control 

technology requirement which applies 

to the entire State of New York, 

including the New York portion of the 

New York-Northern New Jersey-Long 

Island, NY–NJ–CT and the 

Poughkeepsie 8-hour ozone moderate 

nonattainment areas. In addition, EPA is 

proposing a conditional approval of the 

reasonably available control measure 

analysis which applies to the New York 

portion of the New York-Northern New 

Jersey-Long Island, NY–NJ–CT 8-hour 

ozone moderate nonattainment area. 

DATES: Comments must be received on 

or before June 3, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket Number EPA–R02– 

OAR–2009–0462, 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 to 4:30 

excluding Federal holidays. 

Instructions: Direct your comments to 

Docket No. EPA–R02–OAR–2009–0462. 

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 or 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:// 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Proposed Rules 23641 

1Unless otherwise specifically noted in this 

action, references to the 8-hour ozone standard are 

to the 0.08 ppm ozone standard promulgated in 

1997. 

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: Kirk 

Wieber (wieber.kirk@epa.gov), Air 

Programs Branch, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, (212) 637–4249. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What action is EPA proposing? 

II. What was included in New York’s SIP 

submittals? 

III. What is the rationale for this proposed 

rulemaking action? 

IV. What are EPA’s conclusions? 

V. What are the consequences if a final 

conditional approval is converted to a 

disapproval? 

VI. Statutory and Executive Order Reviews 

I. What action is EPA proposing? 

The Environmental Protection Agency 

(EPA) has reviewed elements of New 

York’s comprehensive proposed State 

Implementation Plan (SIP) revisions for 

the 0.08 parts per million (ppm) 8-hour 

ozone national ambient air quality 

standards (NAAQS or standard) 1 along 

with other related Clean Air Act (Act) 

requirements necessary to ensure 

attainment of the standard. On August 

25, 2009 (74 FR 42813), EPA proposed 

to disapprove New York’s reasonably 

available control measure (RACM) 

analysis and New York’s efforts to meet 

the reasonably available control 

technology (RACT) requirement. The 

reader is referred to that rulemaking 

action and its accompanying technical 

support document for a more detailed 

discussion of New York’s RACT and 

RACM plans. New York submitted a 

letter committing to adopt the necessary 

control measures that will satisfy the 

RACT and RACM requirement by 

August 31, 2010, which is no more than 

one year from our anticipated final 

action on the SIP submittals. Therefore, 

in this action, EPA is proposing a 

conditional approval of New York’s 

RACT and RACM plans. 

II. What was included in New York’s 

SIP submittals? 

After completing the appropriate 

public notice and comment procedures, 

New York made a series of submittals in 

order to address the Act’s 8-hour ozone 

attainment requirements. On September 

1, 2006, New York submitted its statewide 8-hour ozone RACT SIP, which 

included a determination that many of 

the RACT rules currently contained in 

its SIP meet the RACT obligation for the 

8-hour standard. On February 8, 2008, 

New York submitted two 

comprehensive 8-hour ozone SIPs—one 

for the New York portion of the New 

York-Northern New Jersey-Long Island, 

NY–NJ–CT nonattainment area, entitled, 

‘‘New York SIP for Ozone—Attainment 

Demonstration for New York Metro 

Area’’ and one for the Poughkeepsie 

nonattainment area, entitled, ‘‘New York 

SIP for Ozone—Attainment 

Demonstration for Poughkeepsie, NY 

Area.’’ The submittals included the 2002 

base year emissions inventory, 

projection year emissions, attainment 

demonstrations, Reasonable Further 

Progress (RFP) plans, RACT analysis, 

RACM analysis, contingency measures, 

new source review and on-road motor 

vehicle emission budgets. These 

proposed SIP revisions were subject to 

notice and comment by the public and 

the State addressed the comments 

received on the proposed SIP revisions 

before adopting the plans and 

submitting them for EPA review and 

rulemaking action. 

Included in New York’s February 8, 

2008 8-hour Ozone SIP submittal was a 

list of additional control measures 

identified by the State as RACT and 

RACM. The State committed to adopt 

additional control measures applicable 

to the following source categories: 

Adhesives and Sealants, Consumer 

Products, Portable Fuel Containers, 

Graphic Arts, Asphalt Formulation, 

Asphalt Paving Production, Portland 

Cement Plants, Glass Manufacturing, 

and NOx RACT. 

Of the source categories identified by 

New York, on July 15, 2009 and 

September 30, 2009, the State adopted 

rules for Portable Fuel Containers and 

Consumer Products, respectively. New 

York submitted the Consumer Products 

rule (on October 21, 2009) and the 

Portable Fuel Container rule (on 

November 23, 2009) to EPA, for review 

and approval into the SIP. On March 2, 

2010 (75 FR 9373), EPA proposed to 

approve New York’s Consumer Products 

and Portable Fuel Container rules and 

will take final action in the near future. 

On December 28, 2009, New York 

provided supplemental information 

intended to clarify the RFP and 2002 

base year emissions inventory, 

projection year emissions and 

conformity budgets that were included 

in the February 8, 2008 ozone SIP 

submittals. EPA is reviewing this 

information and will make a decision in 

the near future as to whether these 

submissions satisfy the requirements of 

the Act. 

III. What is the rationale for this 

proposed rulemaking action? 

On August 25, 2009 (74 FR 42813), 

EPA proposed to disapprove New 

York’s RACT and RACM plans. In that 

proposed rulemaking action, EPA made 

suggestions for how New York could 

correct the identified deficiencies and 

strengthen the 8-hour ozone SIP (see 74 

FR 42819). As discussed in Section II, 

New York adopted and submitted for 

inclusion in the SIP two of the control 

measures it had adopted. On December 

23, 2009, New York proposed adoption 

of all but one of the remaining 

additional control measures that it 

committed to adopt as satisfying the 

RACT and RACM requirement. Based 

on this recent progress and on New 

York’s commitment to submit adopted 

RACT/RACM rules by August 31, 2010, 

EPA is proposing a conditional approval 

of the RACT and RACM SIPs for the 8- 

hour ozone NAAQS. EPA has 

determined that New York will be able 

to meet this commitment because the 

State has already adopted rules for two 

of the source categories and recently 

proposed, and concluded public 

comment on, RACT/RACM provisions 

for all but one of the remaining source 

categories. 

IV. What are EPA’s conclusions? 

EPA is proposing a conditional 

approval of the moderate area RACM 

analysis for the New York portion of the 

New York-Northern New Jersey-Long 

Island, NY–NJ–CT 8-hour ozone 

moderate nonattainment area as 

presented in the February 8, 2008 ‘‘New 

York SIP for Ozone—Attainment 

Demonstration for New York Metro 

Area’’ SIP submittal. 

EPA is also proposing a conditional 

approval of the September 1, 2006 New 

York RACT assessment SIP submittal, 

supplemented on February 8, 2008 and 

September 16, 2008, which applies to 

the entire State and to the New York 

portion of the New York-Northern New 

Jersey-Long Island, NY–NJ–CT and the 

Poughkeepsie 8-hour ozone moderate 

nonattainment areas. 

EPA is proposing a conditional 

approval of the RACT and RACM 

analyses for the 8-hour ozone NAAQS 

based on New York’s letter committing 


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23642 Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Proposed Rules 

to submit adopted RACT/RACM rules 

for several source categories by August 

31, 2010. EPA has determined that New 

York will be able to meet this 

commitment because the State has 

already adopted rules for two of the 

source categories and recently proposed, 

and concluded public comment on, 

RACT/RACM provisions for all but one 

of the remaining source categories. 

Under section 110(k)(4) of the Act, 

EPA may conditionally approve a plan 

based on a commitment from the State 

to adopt specific enforceable measures 

by a date certain, but not later than 1 

year from the date of approval. If EPA 

conditionally approves the commitment 

in a final rulemaking action, the State 

must meet its commitment to adopt the 

identified regulations. If the State fails 

to do so, this action will become a 

disapproval upon the State’s failure to 

meet its commitment. EPA will notify 

the State by letter that this action has 

occurred. If the conditional approval 

converts to a disapproval, the 

commitment will no longer be a part of 

the approved New York SIP. Upon 

notification to the State that the 

conditional approval has converted to a 

disapproval, EPA will publish a notice 

in the Federal Register notifying the 

public that the conditional approval 

automatically converted to a 

disapproval. If EPA disapproves the 

RACT and RACM SIP submittals, such 

action will start a sanctions and FIP 

clock (see section V). If the State meets 

its commitment, within the applicable 

time frame, the conditionally approved 

submission will remain a part of the SIP 

until EPA takes final action approving 

or disapproving the RACT and RACM 

submittals. If EPA approves the 

submittals, the RACT and RACM 

analyses will be fully approved into the 

SIP in their entirety. 

V. What are the consequences if a final 

conditional approval is converted to a 

disapproval? 

The Act provides for the imposition of 

sanctions and the promulgation of a 

federal implementation plan (FIP) if 

states fail to correct any deficiencies 

identified by EPA in a final disapproval 

action within certain timeframes. 

A. What are the Act’s provisions for 

sanctions? 

If EPA disapproves a required SIP 

submittal or component of a SIP 

submittal, section 179(a) provides for 

the imposition of sanctions unless the 

deficiency is corrected within 18 

months of the final rulemaking of 

disapproval. The first sanction would 

apply 18 months after EPA disapproves 

the SIP submittal if a state fails to make 

the required submittal that EPA 

proposes to fully or conditionally 

approve within that time. Under EPA’s 

sanctions regulations, 40 CFR 52.31, the 

first sanction would be 2:1 offsets for 

sources subject to the new source 

review requirements under section 173 

of the Act. If the state has still failed to 

submit a SIP for which EPA proposes 

full or conditional approval 6 months 

after the first sanction is imposed, the 

second sanction will apply. The second 

sanction is a limitation on the receipt of 

federal highway funds. EPA also has 

authority under section 110(m) to 

sanction a broader area. 

B. What federal implementation plan 

provisions apply if a state fails to submit 

an approvable plan? 

In addition to sanctions, if EPA finds 

that a state failed to submit the required 

SIP revision or disapproves the required 

SIP revision, or a portion thereof, EPA 

must promulgate a FIP no later than 2 

years from the date of the finding if the 

deficiency has not been corrected. 

VI. Statutory and Executive Order 

Reviews 

Under the Act, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the Act. Accordingly, this proposed 

action merely approves state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, 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 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 rule 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, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Oxides of 

nitrogen, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: April 23, 2010. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2010–10416 Filed 5–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1093] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: 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 notice is to seek general 

information and comment regarding the 

proposed regulatory flood elevations for 


sroberts on DSKD5P82C1PROD with PROPOSALS