29680 Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Proposed Rules 

for the prior denial. The Office of Tribal 

Justice may provide appropriate 

technical assistance to any tribe that 

wishes to prepare and submit a renewed 

request. 

(i) Retrocession of State criminal 

jurisdiction. Retrocession of State 

criminal jurisdiction under Public Law 

280 is governed by 25 U.S.C. 1323(a) 

and Executive Order 11435 of November 

21, 1968. The procedures for 

retrocession do not govern a request for 

assumption of concurrent Federal 

criminal jurisdiction under section 221. 

Dated: May 16, 2011. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2011–12541 Filed 5–20–11; 8:45 am] 

BILLING CODE 4410–07–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2010–0303; FRL–9310–1] 

Approval and Disapproval and 

Promulgation of State Implementation 

Plan Revisions; Infrastructure 

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards; Wyoming 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to partially 

approve and partially disapprove the 

State Implementation Plan (SIP) 

submission from the State of Wyoming 

to demonstrate that the SIP meets the 

requirements of Sections 110(a)(1) and 

(2) of the Clean Air Act (CAA) for the 

National Ambient Air Quality Standards 

(NAAQS) promulgated for ozone on July 

18, 1997. Section 110(a)(1) of the CAA 

requires that each state, after a new or 

revised NAAQS is promulgated, review 

their SIPs to ensure that they meet the 

requirements of the ‘‘infrastructure 

elements’’ of section 110(a)(2). The State 

of Wyoming submitted two 

certifications of their infrastructure SIP 

for the 1997 ozone NAAQS, date 

December 7, 2007 and December 10, 

2009. EPA does not propose to act on 

the State’s May 25, 2007 submission to 

meet the requirements of section 

110(a)(2)(D)(i) of the CAA, relating to 

interstate transport of air pollution, for 

the 1997 ozone NAAQS. EPA approved 

the State’s interstate transport SIP 

submission on May 8, 2008 (73 FR 

26019). EPA is also proposing to 

approve a Wyoming submittal, dated 

May 10, 2011, revising the State’s 

Prevention of Significant Deterioration 

(PSD) program. 

DATES: Written comments must be 

received on or before June 22, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2010–0303, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: dolan.kathy@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Director, Air Program, 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. 

• Hand Delivery: Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mail Code 8P– 

AR, 1595 Wynkoop Street, 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–2010– 

0303. 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 Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, 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: 

Kathy Dolan, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. 303–312–6142, 

dolan.kathy@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. 

Table of Contents 

I. General Information 

II. Background 

III. What infrastructure elements are required 

under sections 110(a)(1) and (2)? 

IV. How did the State of Wyoming address 

the infrastructure elements of section 

110(a)(2)? 

V. What action is EPA taking? 

VI. Statutory and Executive Order Reviews 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Proposed Rules 29681 

1Memorandum from William T. Harnett, 

Director, Air Quality Policy Division, ‘‘Guidance on 

SIP Elements Required Under Sections 110(a)(1) 

and (2) for the 1997 8-hour Ozone and PM2.5

National Ambient Air Quality Standards’’ (Oct. 2, 

2007). 

I. General Information 

What should I consider as I prepare my 

comments for EPA? 

1. Submitting Confidential Business 

Information (CBI). Do not submit CBI to 

EPA through http://www.regulations.gov 

or e-mail. Clearly mark the part or all of 

the information that you claim to be 

CBI. For CBI information on a disk or 

CD–ROM that you mail to EPA, mark 

the outside of the disk or CD–ROM as 

CBI and then identify electronically 

within the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register, date, and page number); 

Follow directions and organize your 

comments; 

Explain why you agree or disagree; 

Suggest alternatives and substitute 

language for your requested changes; 

Describe any assumptions and 

provide any technical information and/ 

or data that you used; 

If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced; 

Provide specific examples to illustrate 

your concerns, and suggest alternatives; 

Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats; and, 

Make sure to submit your comments 

by the comment period deadline 

identified. 

II. Background 

On July 18, 1997, EPA promulgated 

new NAAQS for ozone based on 8-hour 

average concentrations. The 8-hour 

averaging period replaced the previous 

1-hour averaging period, and the level of 

the NAAQS was changed from 0.12 

parts per million (ppm) to 0.08 ppm (62 

FR 38856). By statute, SIPs meeting the 

requirements of sections 110(a)(1) and 

(2) are to be submitted by states within 

three years after promulgation of a new 

or revised standard. Section 110(a)(2) 

provides basic requirements for SIPs, 

including emissions inventories, 

monitoring, and modeling, to assure 

attainment and maintenance of the 

standards. These requirements are set 

out in several ‘‘infrastructure elements,’’ 

listed in section 110(a)(2). 

Section 110(a) imposes the obligation 

upon states to make a SIP submission to 

EPA for a new or revised NAAQS, and 

the contents of that submission may 

vary depending upon the facts and 

circumstances. In particular, the data 

and analytical tools available at the time 

the state develops and submits the SIP 

for a new or revised NAAQS affects the 

content of the submission. The contents 

of such SIP submissions may also vary 

depending upon what provisions the 

state’s existing SIP already contains. In 

the case of the 1997 ozone NAAQS, 

states typically have met the basic 

program elements required in section 

110(a)(2) through earlier SIP 

submissions in connection with 

previous NAAQS. In a guidance issued 

on October 2, 2007, EPA noted that, to 

the extent an existing SIP already meets 

the section 110(a)(2) requirements, 

states need only to certify that fact via 

a letter to EPA.1

On March 27, 2008, EPA published a 

final rule entitled, ‘‘Completeness 

Findings for Section 110(a) State 

Implementation Plans for the 8-hour 

Ozone NAAQS’’ (73 FR 16205). In the 

rule, EPA made a finding for each State 

that it had submitted or had failed to 

submit a complete SIP that provided the 

basic program elements of section 

110(a)(2) necessary to implement the 

1997 8-hour ozone NAAQS. In 

particular, EPA found that Wyoming 

had submitted a complete SIP to meet 

these requirements. 

III. What infrastructure elements are 

required under sections 110(a)(1) and 

(2)? 

Section 110(a)(1) provides the 

procedural and timing requirements for 

SIP submissions after a new or revised 

NAAQS is promulgated. Section 

110(a)(2) lists specific elements the SIP 

must contain or satisfy. These 

infrastructure elements include 

requirements, such as modeling, 

monitoring, and emissions inventories 

that are designed to assure attainment 

and maintenance of the NAAQS. The 

elements that are the subject of this 

action are listed below. 

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 

• 110(a)(2)(C): Program for 

enforcement of control measures. 

• 110(a)(2)(D)(ii): Interstate and 

international pollution. 

• 110(a)(2)(E): Adequate resources 

and authority. 

• 110(a)(2)(F): Stationary source 

monitoring and reporting. 

• 110(a)(2)(G): Emergency powers. 

• 110(a)(2)(H): Future SIP revisions. 

• 110(a)(2)(J): Consultation with 

government officials; public 

notification; and prevention of 

significant deterioration (PSD) and 

visibility protection. 

• 110(a)(2)(K): Air quality modeling/ 

data. 

• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

A detailed discussion of each of these 

elements is contained in the next 

section. 

Two elements identified in section 

110(a)(2) are not governed by the threeyear submission deadline of section 

110(a)(1) and are therefore not 

addressed in this action. These elements 

relate to part D of Title I of the CAA, and 

submissions to satisfy them are not due 

within three years after promulgation of 

a new or revised NAAQS, but rather are 

due at the same time nonattainment area 

plan requirements are due under section 

172. The two elements are: (i) section 

110(a)(2)(C) to the extent it refers to 

permit programs (known as 

‘‘nonattainment new source review 

(NSR)’’) required under part D, and (ii) 

section 110(a)(2)(I), pertaining to the 

nonattainment planning requirements of 

part D. As a result, this action does not 

address infrastructure elements related 

to the nonattainment NSR portion of 

section 110(a)(2)(C) or related to 

110(a)(2)(I). 

This action also does not address the 

‘‘interstate transport’’ requirements of 

element 110(a)(2)(D)(i). In a separate 

action, EPA approved the State’s 

submission to meet the requirements of 

110(a)(2)(D)(i) for the 1997 ozone 

NAAQS (73 FR 26019). 

IV. How did the State of Wyoming 

address the infrastructure elements of 

section 110(a)(2)? 

1. Emission limits and other control 

measures: Section 110(a)(2)(A) requires 

SIPs to include enforceable emission 

limitations and other control measures, 

means, or techniques (including 

economic incentives such as fees, 

marketable permits, and auctions of 

emissions rights), as well as schedules 

and timetables for compliance as may be 

necessary or appropriate to meet the 

applicable requirements of this Act. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
29682 Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Proposed Rules 

2Steven Herman, Assistant Administrator for 

Enforcement and Compliance Assurance, and 

Robert Perciasepe, Assistant Administrator for Air 

and Radiation, Memorandum to EPA Air Division 

Directors, ‘‘State Implementation Plans (SIPs): 

Policy Regarding Excess Emissions During 

Malfunctions, Startup, and Shutdown.’’ (Sept. 20, 

1999). 

a. Wyoming’s response to this 

requirement: Wyoming cited the 

following SIP provisions: Nonregulatory documents: Control Strategy 

Document, Source Surveillance 

Document and Compliance Schedule 

Document approved by EPA May 31, 

1972 (37 FR 10842). Regulatory 

Documents: Wyoming Air Quality 

Standards and Regulations (WAQSR), 

Section 2, Definitions; Section 18, 

Diluting and concealing emissions; 

Section 19, Abnormal conditions and 

equipment malfunction; Section 14, 

Control of particulate emissions; and, 

Section 10, Nitrogen oxides, approved 

by EPA May 31, 1972 (37 FR 10842). 

WAQSR, Section 4, Sulfur oxides, 

approved by EPA June 10, 1975 (40 FR 

24726). WAQSR, Section 12, Carbon 

monoxide and Section 9, Hydrocarbons, 

approved by EPA on May 31, 1972 (37 

FR 10842). WAQSR, Section 4, Sulfur 

oxides, approved by EPA June 10, 1975 

(40 FR 24726). WAQSR, Section 5, 

Sulfuric acid mist, approved by EPA 

May 31, 1972 (37 FR 10842). WAQSR, 

Section 25, Sweetwater County nonattainment area particulate matter 

regulations, approved by EPA July 2, 

1979 (44 FR 38473). WAQSR, Section 

13, Open burning restrictions, Section 

15, Wood waste burners, Section 17, 

Motor vehicle pollution, approved by 

EPA May 31, 1972 (37 FR 10842). 

Chapter 1, Section 3, Definitions; 

Section 4, Diluting and concealing 

emissions; Section 5, Abnormal 

conditions and equipment malfunction; 

Chapter 3, Section 2, Emission 

standards for particulate matter; Section 

3, Emission standards for nitrogen 

oxides; Section 4, Emission standard for 

sulfur oxides; Section 5, Emission 

standards for carbon monoxide; Section 

6, Emission standards for volatile 

organic compounds; Chapter 4, Section 

2, Existing sulfuric acid production 

units; Section 3, Existing nitric acid 

manufacturing plans; Chapter 8, Section 

2, Sweetwater County particular matter 

regulations, Section 3, Conformity of 

general federal actions to state 

implementation plans; Chapter 10, 

Section 2, Open burning restrictions; 

Section 3, Wood waste burners; Chapter 

13, Section 2, Motor vehicle pollution 

control, approved by EPA July 28, 2004 

(69 FR 44965). 

b. EPA analysis: Wyoming’s SIP meets 

the requirements of CAA section 

110(a)(2)(A) for the 1997 ozone NAAQS, 

subject to the following clarifications. 

First, Wyoming has no areas designated 

as nonattainment for the 1997 ozone 

NAAQS and, therefore, is not required 

to establish enforceable emission 

limitations or other emission reduction 

measures to attain the 1997 ozone 

NAAQS. The SIP provisions cited by 

Wyoming include emissions limitations 

for ozone precursors: Nitrogen oxides 

(WAQSR Chapter 3, section 3), and 

volatile organic compounds (WAQSR 

Chapter 3, section 6). These emissions 

limitations meet the requirements of 

110(a)(2)(A) for the 1997 ozone NAAQS. 

Second, in this action, EPA is not 

proposing to approve or disapprove any 

existing state rules with regard to 

director’s discretion or variance 

provisions. A number of states have 

such provisions which are contrary to 

the CAA and existing EPA guidance (52 

FR 45109, Nov. 24, 1987), and the 

Agency plans to take action in the future 

to address such state regulations. In the 

meantime, EPA encourages any state 

having a director’s discretion or 

variance provision which is contrary to 

the CAA and EPA guidance to take steps 

to correct the deficiency as soon as 

possible. 

Finally, in this action, EPA is also not 

proposing to approve or disapprove any 

existing state provisions with regard to 

excess emissions during startup, 

shutdown, or malfunction (SSM) of 

operations at a facility. A number of 

states have SSM provisions which are 

contrary to the CAA and existing EPA 

guidance 2 and the Agency plans to 

address such state regulations in the 

future. In the meantime, EPA 

encourages any state having a deficient 

SSM provision to take steps to correct 

it as soon as possible. 

2. Ambient air quality monitoring/ 

data system: Section 110(a)(2)(B) 

requires SIPs to provide for 

establishment and operation of 

appropriate devices, methods, systems, 

and procedures necessary to (i) monitor, 

compile, and analyze data on ambient 

air quality, and (ii) upon request, make 

such data available to the 

Administrator. 

a. Wyoming’s response to this 

requirement: Wyoming cited the 

following SIP provisions: Nonregulatory documents: Air Quality 

Surveillance Document, approved by 

EPA May 31, 1972 (37 FR 10842); Air 

Quality Surveillance Network 

Document, approved by EPA February 

9, 1982 (47 FR 5892); Implementation 

Plan for Lead, approved by EPA October 

11, 1984 (49 FR 39843). Regulatory 

documents: WAQSR, Section 3, 

Particulates; Section 10, Nitrogen 

Oxides; Section 4, Sulfur oxides; 

Section 12, Carbon monoxide; Section 

8, Photochemical oxidants; Section 6, 

Sulfation; and, Section 27, Ambient air 

quality standard for lead, approved by 

EPA October 11, 1984 (49 FR 39843). 

Chapter 2, Section 2, Ambient standards 

for particular matter; Section 3, 

Ambient standards for nitrogen oxides; 

Section 4, Ambient standards for sulfur 

oxides, Section 5, Ambient standards 

for carbon monoxide; Section 6, 

Ambient standards for ozone; Section 8, 

Ambient standards for suspended 

sulfates; and, Section 10, Ambient 

standards for lead, approved by EPA 

July 28, 2004 (69 FR 44965). 

b. EPA analysis: Wyoming’s air 

monitoring programs and data systems 

meet the requirements of CAA section 

110(a)(2)(B) for the 1997 ozone NAAQS. 

The Wyoming Ambient Air Monitoring 

Annual Network Plan, 2009, was 

approved by EPA Region 8 on December 

3, 2009. 

3. Program for enforcement of control 

measures: Section 110(a)(2)(C) requires 

SIPs to include a program to provide for 

the enforcement of the measures 

described in subparagraph (A), and 

regulation of the modification and 

construction of any stationary source 

within the areas covered by the plan as 

necessary to assure that NAAQS are 

achieved, including a permit program as 

required in parts C and D. 

a. Wyoming’s response to this 

requirement: Wyoming cited the 

following SIP provisions: Nonregulatory documents: Legal authority 

document; Source Surveillance 

document; Review of New Sources and 

Modifications Document, approved by 

EPA May 31, 1972 (37 FR 10842). 

Regulatory documents: 1974 WAQSR, 

Section 21, Permit requirements for 

construction, modification and 

operation, approved by EPA June 10, 

1975 (40 FR 24726); 1979 WAQSR, 

Section 24, Prevention of significant 

deterioration, approved by EPA July 2, 

1979 (44 FR 38473). Chapter 6, Section 

2, Permit requirements for construction, 

modification, and operation and Section 

4, Prevention of significant 

deterioration, approved by EPA July 28, 

2004 (69 FR 44965). 

b. EPA analysis: As explained above, 

in this action EPA is not evaluating 

nonattainment related provisions, such 

as the nonattainment NSR program 

required by part D of the Act. In 

addition, Wyoming has no 

nonattainment areas for the 1997 ozone 

NAAQS and is therefore not required at 

this point to have a corresponding 

nonattainment NSR program. EPA is 

evaluating the State’s prevention of 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Proposed Rules 29683 

significant deterioration (PSD) program 

as required by part C of the Act, and the 

State’s minor NSR program as required 

by 110(a)(2)(C). 

GHG Regulation 

Wyoming’s PSD program was most 

recently approved by EPA on July 16, 

2008. As described in our notice of 

approval (73 FR 40750), Wyoming’s PSD 

program at that date met the general 

requirements of CAA section 

110(a)(2)(C). However, on June 3, 2010, 

EPA promulgated the ‘‘Prevention of 

Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule’’ 

(‘‘Tailoring Rule’’) (75 FR 31514), setting 

out requirements for application of PSD 

to emissions sources of greenhouse 

gases (GHG). On December 13, 2010, 

EPA issued a finding of substantial 

inadequacy and SIP call for seven states, 

including Wyoming, on the basis that 

the states’ SIP-approved PSD programs 

did not apply PSD to GHG-emitting 

sources as required under the Tailoring 

Rule (75 FR 77698). Next, on December 

29, 2010, EPA issued a finding that the 

seven states had failed to submit 

revisions to their SIPs as necessary to 

correct this inadequacy (75 FR 81874). 

Finally, on December 30, 2010, EPA 

established a federal implementation 

plan (FIP) in the seven states to ensure 

that PSD permits for sources emitting 

GHGs could be issued in accordance 

with the Tailoring Rule (75 FR 82246). 

As the Wyoming PSD program is 

currently subject to a finding of 

substantial inadequacy and SIP call, and 

Wyoming has not taken steps to remedy 

the inadequacy, EPA proposes in this 

action to disapprove the Wyoming 

infrastructure SIP for each infrastructure 

element that requires the SIP to contain 

a PSD program that meets the 

requirements of part C of title I of the 

Act. These elements are 110(a)(2)(C) and 

(J). 

Ozone Precursors 

In addition, in order for the State’s 

SIP-approved PSD program to satisfy the 

requirements of section 110(a)(2)(C) for 

the 1997 ozone NAAQS, the program 

must properly regulate ozone 

precursors. On November 29, 2005, EPA 

promulgated the phase 2 

implementation rule for the 1997 ozone 

NAAQS (Phase 2 Rule), which includes 

requirements for PSD programs to treat 

nitrogen oxides (NOx) as a precursor for 

ozone (72 FR 71612). Wyoming has 

adopted revisions to its PSD program to 

meet the requirements of the Phase 2 

rule, and submitted these revisions to 

EPA on May 10, 2011. EPA proposes in 

this action to concurrently approve the 

PSD program updates in Wyoming’s 

May 11, 2011 submittal, including 

approval of the revisions which meet 

the requirements of the Phase 2 Rule. In 

particular, the revisions in Chapter 6, 

section 4(a) to the definitions of ‘‘major 

modification,’’ ‘‘major stationary source,’’ 

‘‘regulated NSR pollutant,’’ and 

‘‘significant’’ meet the requirements of 

40 CFR 51.166(b)(2)(ii), (b)(1)(ii), 

(b)(49)(i)(a), and (b)(23)(i), respectively, 

as amended by the Phase 2 Rule (see 70 

FR at 71699–700). In addition, the 

revision to section 4(b)(i)(E)(vi)(1)(e) 

meets the requirements of the footnote 

to 40 CFR 51.166(i)(5)(i)(e). Contingent 

on final approval of these revisions, 

Wyoming’s SIP meets the requirement 

of infrastructure element 110(a)(2)(C) to 

include a PSD program that properly 

regulates ozone precursors. This 

approval does not negate the 

disapproval (discussed in the previous 

paragraph) based on the finding of 

substantial inadequacy and SIP call. 

EPA also proposes approval of the 

portions of Wyoming’s May 11, 2011 

submission which update the State’s 

PSD program to comply with the NSR 

implementation rule for PM2.5 (73 FR 

28321, May 16, 2008), and the inserted 

definition of ‘‘replacement unit,’’ which 

reflects the language of 40 CFR 51.166 

(b)(32)(i) through (iv). In particular, the 

revisions in Chapter 6, section 4(a) to 

the definitions of ‘‘regulated NSR 

pollutant’’ and ‘‘significant’’ meet the 

requirements of 40 CFR 51.166 

(b)(49)(i)(b), (c), (d), and (b)(49)(vi); and 

(b)(23)(i), respectively, as amended by 

the PM2.5 NSR implementation rule (see 

73 FR at 28348). In addition, the 

revisions to section 4(b)(i)(E)(vi)(2) and 

(3) meet the requirements of 40 CFR 

51.166(i)(5)(ii) and (iii), respectively. 

Minor NSR 

Finally, with regards to minor NSR, in 

this action EPA is proposing to approve 

Wyoming’s infrastructure SIP for the 

1997 ozone NAAQS with respect to the 

general requirement in section 

110(a)(2)(C) to include a program in the 

SIP that regulates the modification and 

construction of any stationary source as 

necessary to assure that the NAAQS are 

achieved. Wyoming’s approved minor 

NSR program is found in Chapter 6, 

section 2 of the WAQSR. EPA 

previously approved Wyoming’s minor 

NSR program into the SIP (at that time 

as Chapter 1, section 21), and has 

subsequently approved revisions to the 

program, and at those times there were 

no objections to the provisions of this 

program. (See, for example, 47 FR 5892, 

Feb. 9, 1982.) Since then, the State and 

EPA have relied on the State’s existing 

minor NSR program to assure that new 

and modified sources not captured by 

the major NSR permitting programs do 

not interfere with attainment and 

maintenance of the NAAQS. EPA is not 

proposing to approve or disapprove the 

State’s existing minor NSR program 

itself to the extent that it is inconsistent 

with EPA’s regulations governing this 

program. A number of states may have 

minor NSR provisions that are contrary 

to the existing EPA regulations for this 

program. EPA intends to work with 

states to reconcile state minor NSR 

programs with EPA’s regulatory 

provisions for the program. The 

statutory requirements of section 

110(a)(2)(C) provide for considerable 

flexibility in designing minor NSR 

programs, and it may be time to revisit 

the regulatory requirements for this 

program to give the states an 

appropriate level of flexibility to design 

a program that meets their particular air 

quality concerns, while assuring 

reasonable consistency across the 

country in protecting the NAAQS with 

respect to new and modified minor 

sources. 

4. Interstate transport: Section 

110(a)(2)(D)(i) requires SIPs to contain 

adequate provisions prohibiting, 

consistent with the provisions of this 

title, any source or other type of 

emissions activity within the state from 

emitting any air pollutant in amounts 

which will (I) contribute significantly to 

nonattainment in, or interfere with 

maintenance by, any other state, with 

respect to any such national primary or 

secondary ambient air quality standard, 

or (II) interfere with measures required 

to be included in the applicable 

implementation plan for any other state 

under part C to prevent significant 

deterioration of air quality or to protect 

visibility. 

a. Wyoming’s response to this 

requirement: Wyoming submitted its 

Interstate Transport SIP to EPA on May 

25, 2007. 

b. EPA Analysis: EPA approved the 

State’s Interstate Transport provisions 

for the 1997 ozone NAAQS on May 8, 

2008 (73 FR 26019). EPA is taking no 

action relevant to section 110(a)(2)(D)(i) 

in this proposal. 

5. Interstate and International 

transport provisions: Section 

110(a)(2)(D)(ii) requires that each SIP 

shall contain adequate provisions 

insuring compliance with applicable 

requirements of sections 126 and 115 

(relating to interstate and international 

pollution abatement). 

a. Wyoming’s response to this 

requirement: Wyoming did not cite any 

specific provisions relevant to this 

requirement. 

b. EPA Analysis: Section 126(a) 

requires notification to affected, nearby 


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states of major proposed new (or 

modified) sources. Sections 126(b) and 

(c) pertain to petitions by affected States 

to the Administrator regarding sources 

violating the ‘‘interstate transport’’ 

provisions of section 110(a)(2)(D)(i). 

Section 115 similarly pertains to 

international transport of air pollution. 

WAQSR Chapter 6, Section 2, 

specifically paragraph (m) meets the 

requirements of CAA section 126(a) for 

the 1997 ozone NAAQS. Final approval 

of this language became effective 

January 30, 1995 (59 FR 60902, Nov. 29, 

1994). Final approval of the 

renumbering of this language became 

effective August 27, 2004 (See 69 FR 

44965, July 28, 2004). 

Wyoming has no pending obligations 

under sections 126(c) or 115(b); 

therefore, its SIP currently meets the 

requirements of those sections. The SIP 

therefore meets the requirements of 

110(a)(2)(D)(ii) for the 1997 ozone 

NAAQS. 

6. Adequate resources: Section 

110(a)(2)(E) requires states to provide (i) 

necessary assurances that the state will 

have adequate personnel, funding, and 

authority under state law to carry out 

the SIP (and is not prohibited by any 

provision of federal or state law from 

carrying out the SIP or portion thereof), 

(ii) requires that the state comply with 

the requirements respecting state boards 

under section 128, and (iii) necessary 

assurances that, where the state has 

relied on a local or regional government, 

agency, or instrumentality for the 

implementation of any SIP provision, 

the state has responsibility for ensuring 

adequate implementation of such SIP 

provision. 

a. Wyoming’s response to this 

requirement: Wyoming cited the 

following SIP provisions: Nonregulatory documents: Resources and 

legal authority document submitted to 

EPA on January 28, 1972 and approved 

by EPA on May 31, 1972 (37 FR 10842). 

Regulatory document: Chapter 1, 

Section 2, Authority, approved by EPA 

on July 28, 2004 (69 FR 44965). 

b. EPA Analysis: The provisions in 

Articles 1 and 2 of the Wyoming 

Environmental Quality Act (Chapter 11, 

Title 35 of the Wyoming Statutes) give 

the State adequate authority to carry out 

the SIP. The composition of the 

Wyoming Council of Environmental 

Quality is governed by section 35–11– 

111(a) of the Wyoming Statutes. Finally, 

the State receives sections 103 and 105 

grant funds through its Performance 

Partnership Grant along with required 

state matching funds to provide funding 

necessary to carry out Wyoming’s SIP 

requirements. The requirements of 

section 110(a)(2)(E) for the 1997 ozone 

NAAQS are therefore met. 

7. Stationary source monitoring 

system: Section 110(a)(2)(F) requires (i) 

the installation, maintenance, and 

replacement of equipment, and the 

implementation of other necessary 

steps, by owners or operators of 

stationary sources to monitor emissions 

from such sources, (ii) periodic reports 

on the nature and amounts of emissions 

and emissions-related data from such 

sources, and (iii) correlation of such 

reports by the state agency with any 

emission limitations or standards 

established pursuant to the Act, which 

reports shall be available at reasonable 

times for public inspection. 

a. Wyoming’s response to this 

requirement: Wyoming cited the 

following SIP provisions: Regulatory 

documents: 1979 WAQSR, Section 23, 

Continuous monitoring requirements for 

existing sources, approved by EPA on 

July 2, 1979 (44 FR 38473) and Chapter 

7, Section 2, Continuous monitoring 

requirements for existing sources, 

approved by EPA on July 28, 2004 (69 

FR 44965). 

b. EPA Analysis: In addition to the 

specific monitoring provisions cited by 

Wyoming, the SIP provides for 

monitoring, recordkeeping, and 

reporting requirements for sources 

subject to minor and major source 

permitting. (See WAQSR Chapter 6, 

section 2.) Wyoming’s SIP therefore 

meets the requirements of section 

110(a)(2)(F) for the 1997 ozone NAAQS. 

8. Emergency power: Section 

110(a)(2)(G) requires states to provide 

for authority to address activities 

causing imminent and substantial 

endangerment to public health, 

including contingency plans to 

implement the emergency episode 

provisions in their SIPs. 

a. Wyoming’s response to this 

requirement: Wyoming cited the 

following SIP provisions: Nonregulatory documents: Emergency 

Episode Plan Document, approved by 

EPA May 31, 1972 (37 FR 10842); 

Emergency Episode Contingency Plan 

Document, approved by EPA February 

9, 1982 (47 FR 5892). Regulatory 

documents: 1971 WAQSR, Section 20, 

Air Pollution emergency episodes, 

approved by EPA May 31, 1972 (37 FR 

10842) and Chapter 12, Section 2, Air 

pollution emergency episodes, approved 

by EPA July 28, 2004 (69 FR 44965). 

b. EPA analysis: Section 35–11–115 of 

the Wyoming Statutes gives the Director 

of the Wyoming Department of 

Environmental Quality (DEQ) 

comparable emergency powers to those 

in section 303 of the Act. Furthermore, 

Wyoming has not monitored any values 

above the priority cut point for ozone 

(see 40 CFR 51.150(b)(5)), and is not 

required at this point to have a 

contingency plan for ozone that meets 

the requirements of 40 CFR part 51, 

subpart H. The SIP therefore meets the 

requirements of 110(a)(2)(G) for the 

1997 ozone NAAQS. 

9. Future SIP revisions: Section 

110(a)(2)(H) requires that SIPs provide 

for revision of such plan (i) from time 

to time as may be necessary to take 

account of revisions of such national 

primary or secondary ambient air 

quality standard or the availability of 

improved or more expeditious methods 

of attaining such standard, and (ii), 

except as provided in paragraph (3)(C), 

whenever the Administrator finds on 

the basis of information available to the 

Administrator that the SIP is 

substantially inadequate to attain the 

NAAQS which it implements or to 

otherwise comply with any additional 

requirements under this Act. 

a. Wyoming’s response to this 

requirement: Wyoming cited the 

following SIP provisions: Nonregulatory document: Implementation 

Plan Review Document, approved by 

EPA April 19, 1983 (48 FR 16682). 

b. EPA analysis: The general 

provisions in Article 1 of the Wyoming 

Environmental Quality Act (Article 1, 

Chapter 11, Title 35 of the Wyoming 

Statutes) and the particular provision in 

Article 2 at section 35–11–202 of the 

Wyoming Statutes give the State 

sufficient authority to revise the SIP as 

required by section 110(a)(2)(H). 

10. Nonattainment Area Plan or Plan 

Revision under Part D: Section 

110(a)(2)(I) requires that a SIP or SIP 

revision for an area designated as a 

nonattainment area must meet the 

applicable requirements of part D of this 

subchapter (relating to nonattainment 

areas). 

a. EPA analysis for Section 

110(a)(2)(I): As noted above, the specific 

nonattainment area plan requirements 

of Section 110(a)(2)(I) are subject to the 

timing requirement of Section 172, not 

the timing requirement of Section 

110(a)(1). This element is therefore not 

applicable to this action. EPA will take 

action on part D attainment plans 

through a separate process. 

11. Consultation with government 

officials, public notification, PSD and 

visibility protection: Section 110(a)(2)(J) 

requires that each SIP meet the 

applicable requirements of section 121 

of this title (relating to consultation), 

section 127 of this title (relating to 

public notification), and part C of this 

subchapter (relating to prevention of 

significant deterioration of air quality 

and visibility protection). 


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a. Wyoming’s response to this 

requirement: Wyoming cited the 

following SIP provisions: Nonregulatory document: Consultation 

document, approved by EPA July 2, 

1979 (44 FR 38473). Regulatorydocument: 1979 WAQSR, Section 24, 

Prevention of significant deterioration, 

approved by EPA on July 2, 1979 (44 FR 

38473); Chapter 7, Section 4, Prevention 

of significant deterioration, approved by 

EPA 7/28/04 (69 FR 44965) 

b. EPA Analysis: 

The State has demonstrated that it has 

the authority and rules in place to 

provide a process of consultation with 

general purpose local governments, 

designated organizations of elected 

officials of local governments and any 

Federal Land Manager having authority 

over federal land to which the SIP 

applies, consistent with the 

requirements of CAA section 121. 

Furthermore, EPA previously approved 

portions of the Wyoming SIP meeting 

the requirements of CAA section 127. 

(44 FR 38473, July 2, 1979.) 

As noted above, the State has a SIPapproved PSD program. EPA has further 

evaluated Wyoming’s SIP-approved PSD 

program in this proposed action under 

IV.3, element 110(a)(2)(C). For the same 

reasons as discussed in subsection IV.3, 

EPA proposes to disapprove the 

Wyoming infrastructure SIP for the 1997 

ozone NAAQS specifically for the 

requirement in section 110(a)(2)(J) that 

the SIP meet the applicable 

requirements of part C of title I of the 

Act, in particular with regards to the 

requirement that the PSD program apply 

to GHG sources in accordance with the 

Tailoring Rule. 

Finally, with regard to the applicable 

requirements for visibility protection, 

EPA recognizes that states are subject to 

visibility and regional haze program 

requirements under part C of the act. In 

the event of the establishment of a new 

NAAQS, however, the visibility and 

regional haze program requirements 

under part C do not change. Thus we 

find that there is no new visibility 

obligation ‘‘triggered’’ under section 

110(a)(2)(J) when a new NAAQS 

becomes effective. 

12. Air quality and modeling/data: 

Section 110(a)(2)(K) requires that each 

SIP provide for (i) the performance of 

such air quality modeling as the 

Administrator may prescribe for the 

purpose of predicting the effect on 

ambient air quality of any emissions of 

any air pollutant for which the 

Administrator has established a 

NAAQS, and (ii) the submission, upon 

request, of data related to such air 

quality modeling to the Administrator. 

a. Wyoming’s response to this 

requirement: Wyoming cited the 

following SIP provisions: Regulatory 

Documents: 1974 WAQSR, Section 21, 

Permit requirements for construction, 

modification and operation, approved 

by EPA on June 10, 1975 (40 FR 24726); 

1979 WAQSR, Section 24, Prevention of 

significant deterioration, approved by 

EPA on July 2, 1979 (44 FR 38473); 

Chapter 6, Section 2, Permit 

requirements for construction, 

modification, and operation, approved 

by EPA on July 28, 2004 (69 FR 44965); 

Chapter 6, Section 4, Prevention of 

significant deterioration, approved by 

EPA on July 28, 2004 (69 FR 44965). 

b. EPA Analysis: Wyoming’s SIP 

meets the requirements of CAA section 

110(a)(2)(K) for the 1997 ozone NAAQS. 

In particular, Wyoming’s PSD program 

requires that estimates of ambient air 

concentrations be based on applicable 

air quality models specified in 

Appendix W of 40 CFR part 51, and that 

modification or substitution of a model 

specified in Appendix W must be 

approved by the Administrator. (See 

WAQSR Chapter 6, section 4(b)(iv).) As 

a result, the SIP provides for such air 

quality modeling as the Administrator 

has prescribed. 

13. Permitting fees: Section 

110(a)(2)(L) requires SIPs to require the 

owner or operator of each major 

stationary source to pay to the 

permitting authority, as a condition of 

any permit required under this act, a fee 

sufficient to cover (i) the reasonable 

costs of reviewing and acting upon any 

application for such a permit, and (ii) if 

the owner or operator receives a permit 

for such source, the reasonable costs of 

implementing and enforcing the terms 

and conditions of any such permit (not 

including any court costs or other costs 

associated with any enforcement 

action), until such fee requirement is 

superseded with respect to such sources 

by the Administrator’s approval of a fee 

program under title V. 

a. Wyoming’s response to this 

requirement: Wyoming cited the 

following SIP provisions: Regulatory 

Documents: 1993 WAQSR, Section 21, 

Permit requirements for construction, 

modification, and operation, approved 

by EPA on 11/29/94 (59 FR 60905); 

Chapter 6, Section 2, Permit 

requirements for construction, 

modification and operation, approved 

by EPA on July 28, 2004 (69 FR 44965). 

b. EPA Analysis: Wyoming’s approved 

title V operating permit program meets 

the requirements of CAA section 

111(a)(2)(L) for the 1997 ozone NAAQS. 

Final approval of the title V operating 

permit program became effective April 

23, 1999 (64 FR 8523, Feb. 22, 1990). 

Interim approval of Wyoming’s title V 

operating permit program became 

effective February 21, 1995 (60 FR 4563, 

Jan. 19, 1995). As discussed in a 

previous direct final rule (which 

received comments) for interim 

approval of the title V program (59 FR 

48802, Sept. 23, 1994), the State 

demonstrated that the fees collected 

were sufficient to administer the 

program. 

14. Consultation/participation by 

affected local entities: Section 

110(a)(2)(M) requires states to provide 

for consultation and participation in SIP 

development by local political 

subdivisions affected by the SIP. 

a. Wyoming’s response to this 

requirement: Wyoming cited the 

following SIP provisions: Nonregulatory document: Intergovernmental 

Cooperation Document, approved by 

EPA on May 31, 1972 (37 FR 10842). 

b. EPA Analysis: Wyoming’s submittal 

meets the requirements of CAA Section 

110(a)(2)(M) for the 1997 ozone 

NAAQS. 

V. What action is EPA taking? 

In this action, EPA is proposing to 

approve the following infrastructure 

elements for the 1997 ozone NAAQS: 

(A), (B), (C) with regards to the 

requirement to have a minor NSR 

program, (D)(ii), (E), (F), (G), (H), (J) with 

regards to the requirements related to 

sections 121 and 127 of the Act, (K), (L), 

and (M). 

In this action, EPA also proposes 

approval of the State’s May 11, 2011 

submission, updating the Wyoming PSD 

program to, among other things, regulate 

NOX as a precursor to ozone. Contingent 

on final approval of these updates, EPA 

is proposing to approve portions of 

infrastructure elements (C) and (J) for 

the 1997 ozone NAAQS with regards to 

the requirement that the State’s SIPapproved PSD program properly 

regulate ozone precursors. 

In this action, EPA is proposing to 

disapprove the following infrastructure 

elements for the 1997 ozone NAAQS: 

(C) and (J) with regards to the 

requirement that the State’s PSD 

program regulate GHG-emitting sources 

in accordance with the Tailoring Rule. 

In this action, EPA is taking no action 

on infrastructure elements (D)(i), (I), and 

(J) specifically in regard to visibility, for 

the 1997 ozone NAAQS. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, 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)). 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
29686 Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Proposed Rules 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves some state law 

as meeting Federal requirements and 

disapproves other state law because it 

does not meet Federal requirements; 

this proposed action 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 CAA; 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, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 16, 2011. 

James B. Martin, 

Regional Administrator, Region 8. 

[FR Doc. 2011–12600 Filed 5–20–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0856; FRL–9308–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Permits for Major Stationary Sources 

and Major Modifications Locating in 

Prevention of Significant Deterioration 

(PSD) Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the Virginia 

Department of Environmental Quality 

(VADEQ). This revision pertains to 

EPA’s proposal to approve the addition 

of nitrogen oxides (NOX) as a precursor 

to ozone in the Virginia SIP that governs 

permits for constructing or significantly 

modifying facilities located in areas 

attaining the national ambient air 

quality standards (NAAQS). This action 

is being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before June 22, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0856 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: cox.kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0856, 

Kathleen Cox, Associate Director, Office 

of Permits and Air Toxics, Mailcode 

3AP10, 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– 

0856. 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 Virginia submittal 

are available at the VADEQ Office, 629 

East Main Street, Richmond, Virginia 

23219. 

FOR FURTHER INFORMATION CONTACT: 

Sharon McCauley, (215) 814–3376, or by 

e-mail at mccauley.sharon@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. On June 7, 2010, the VADEQ 

submitted a revision to the Virginia SIP 

for including NOX as a precursor to 

ozone for permits of major stationary 


emcdonald on DSK2BSOYB1PROD with PROPOSALS