40760 Federal Register / Vol. 75, No. 134 / Wednesday, July 14, 2010 / Proposed Rules 

NOAA is opening a public comment 

period to: 

1. Solicit public comments and 

identify issues on the continued 

management of the Hawaiian Islands 

Humpback Whale National Marine 

Sanctuary; and 

2. Help determine the scope of issues 

to be addressed in the preparation of a 

management plan and an environmental 

impact statement (EIS) pursuant to the 

National Environmental Policy Act 

(NEPA), if warranted; and 

3. Conduct a series of statewide 

scoping meetings across the State of 

Hawai’i to collect public comment. The 

intent of the scoping meetings is to 

gather information and other comments 

from individuals, organizations, and 

government agencies on the scope, 

types, and significance of issues related 

to the sanctuary’s management plan and 

regulations. These scoping meetings 

will also help determine the scope of 

issues to be addressed in the 

preparation of an EIS pursuant to the 

NEPA, 43 U.S.C. 4321 et seq., if 

warranted. The public scoping meeting 

schedule is presented below. 

This notice confirms that NOAA will 

coordinate its responsibilities under 

section 106 of the National Historic 

Preservation Act (NHPA, 16 U.S.C. 470) 

with its ongoing NEPA process, 

pursuant to 36 CFR 800.8(a)— 

coordination with NEPA—including the 

use of NEPA documents and public and 

stakeholder meetings to also meet the 

section 106 requirements. The NHPA 

specifically applies to any agency 

undertaking that has an adverse effect 

on historic properties. Pursuant to 36 

CFR 800.16(1)(1), historic properties 

includes: ‘‘any prehistoric or historic 

district, site, building, structure or 

object included in, or eligible for 

inclusion in, the National Register of 

Historic Places maintained by the 

Secretary of the Interior. The term 

includes artifacts, records, and remains 

that are related to and located within 

such properties. The term includes 

properties of traditional religious and 

cultural importance to an Indian tribe or 

Native Hawaiian organization and that 

meet the National Register criteria.’’ 

In coordinating its responsibilities 

under the NHPA and NEPA, NOAA 

intends to identify consulting parties; 

identify historic properties and assess 

the effects of the undertaking on such 

properties; initiate formal consultation 

with the Hawaii State Historic 

Preservation Officer, the Advisory 

Council of Historic Preservation, and 

other consulting parties; involve the 

public in accordance with NOAA’s 

NEPA procedures, and develop in 

consultation with identified consulting 

parties alternatives and proposed 

measures that might avoid, minimize or 

mitigate any adverse effects on historic 

properties and describe them in any 

Environmental Assessment or Draft 

Environmental Impact Statement. 

Public Scoping Meetings: The public 

scoping meetings will be held on the 

following dates and at the following 

locations beginning at 6 p.m. unless 

otherwise noted: 

1. Hilo, Hawai’I, Tuesday, August 10, 

Mokupa ̄papa Discovery Center, 308 

Kamehameha Avenue, Suite 109, 

Hilo, HI 96720. 

2. Kailua-Kona, Hawai’I, Wednesday, 

August 11, Outrigger Keauhou Beach 

Resort, 78–6740 Ali’i Drive, KailuaKona, HI 96740. 

3. Honolulu, O’ahu, Thursday, August 

12, 5:30 p.m. to 8:30 p.m., Central 

Union Church, 1660 South Beretania 

Street, Honolulu, HI 96826. 

4. Lı ̄hu’e, Kaua’I, Saturday, August 14, 

9 a.m. to 12 p.m., Chiefess 

Kamakahelei Middle School Cafeteria, 

4431 Nuhou Street, Lı ̄hu’e, HI 96766. 

5. Kilauea, Kaua’I, Saturday, August 14, 

4 p.m. to 7 p.m., Kaua’i Christian 

Academy Library, 4000 Kilauea Road, 

Kilauea, HI 96754. 

6. Kı ̄hei, Maui, Monday, August 16, 

Lokilani Middle School, 1401 Liloa 

Drive, Kı ̄hei, HI 96753. 

7. Lahaina, Maui, Tuesday, August 17, 

Lahaina Civic Center, 1840 

Honoapi’ilani Highway, Lahaina, HI 

96761. 

8. Kaunakakai, Moloka’I, Wednesday, 

August 18, Mitchell Pauole Center, 90 

Ainoa Street, Kaunakakai, HI 96748. 

9. Hale’iwa, O’ahu, Monday, August 23, 

Sunset Beach Elementary School, 59– 

360 Kamehameha Highway, Hale’iwa, 

HI 96712. 

10. Lana’i City, Lana’I, Wednesday, 

August 26, Lana’i High and 

Elementary School, 555 Fraser 

Avenue, Lana’i City, HI 96763. 

Condition Report 

In preparation for management plan 

review, NOAA has produced a 

Hawaiian Islands Humpback Whale 

National Marine Sanctuary 2010 

Condition Report. The Condition Report 

provides a summary of resources, with 

a specific focus on humpback whales in 

the sanctuary, pressures on those 

resources, the current condition and 

trends, and management responses to 

the pressures that threaten the integrity 

of the marine environment. Specifically, 

the Condition Report includes 

information on the status and trends of 

water quality, habitat, living resources 

and maritime archaeological resources 

and the human activities that affect 

them. The report serves as a supporting 

document for the Management Plan 

Review Process, to inform constituents 

of the current status of humpback 

whales in the sanctuary. 

An electronic copy of the final 

Hawaiian Islands Humpback Whale 

National Marine Sanctuary 2010 

Condition Report is available to the 

public on the Internet at: http:// 

sanctuaries.noaa.gov/science/condition/

welcome.html or it can be accessed from 

the HIHWNMS Web site at: http:// 

hawaiihumpbackwhale.noaa.gov/. 

Scoping Comments 

Scoping meetings provide an 

opportunity to make direct comments to 

NOAA on the management of the 

sanctuary’s natural and cultural 

resources, including administrative 

programs. We encourage the public to 

participate and welcome any comments 

related to the sanctuary. In particular, 

we are interested in hearing about the 

public’s view on the sanctuary’s 

potential management priorities for the 

next ten to fifteen years. Specifically, 

the sanctuary is seeking input on a 

proposal to expand its scope and 

direction to protect and conserve other 

living marine resources, in addition to 

humpback whales and submerged 

cultural heritage resources within the 

sanctuary. This proposal is detailed in 

the State of the Sanctuary Report 

Special Management Plan Review 

Edition and is available to the public on 

the Internet at: http:// 

hawaiihumpbackwhale.noaa.gov/

management/management_plan

_review.html. 

Authority: 16 U.S.C. 1431 et seq; 16 U.S.C. 

470. 

(Federal Domestic Assistance Catalog 

Number 11.429 Marine Sanctuary Program) 

Dated: July 7, 2010. 

Daniel J. Basta, 

Director for the Office of National Marine 

Sanctuaries. 

[FR Doc. 2010–17083 Filed 7–13–10; 8:45 am] 

BILLING CODE 3510–NK–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0665; FRL–9175–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Volatile Organic Compound SiteSpecific State Implementation Plan for 

Abbott Laboratories 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 134 / Wednesday, July 14, 2010 / Proposed Rules 40761 

SUMMARY: EPA is proposing to approve 

Illinois’ amendments to its 

manufacturing rules into the Illinois 

State Implementation Plan (SIP). On 

July 17, 2009, the Illinois Environmental 

Protection Agency (Illinois EPA) 

submitted amendments to its 

pharmaceutical manufacturing rules for 

approval into its SIP. These 

amendments consist of a site-specific 

rulemaking for certain of Abbott 

Laboratories’ (Abbott) tunnel dryers and 

fluid bed dryers. This site-specific rule 

revision is approvable because it lowers 

the allowable emissions from these 

dryers and it is consistent with the 

Clean Air Act (CAA) and EPA 

regulations. 

DATES: Comments must be received on 

or before August 13, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0665, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: bortzer.jay@epa.gov. 

3. Fax: (312) 692–2054. 

4. Mail: Jay Bortzer, Chief, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Jay Bortzer, Chief, 

Air Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the regional office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0665. 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 and any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I 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 Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

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

Friday, excluding Federal holidays. We 

recommend that you telephone Steven 

Rosenthal at (312) 886–6052 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6052. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. What should I consider as I prepare my 

comments for EPA? 

II. What action is EPA proposing to take? 

III. What is the background for this action? 

IV. What is EPA’s analysis of Illinois’ revised 

pharmaceutical manufacturing rule? 

V. Statutory and Executive Order Reviews 

I. What should I consider as I prepare 

my comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

2. Follow directions—EPA may ask 

you to respond to specific questions or 

organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What action is EPA proposing to 

take? 

EPA is proposing to approve revisions 

to Illinois’ pharmaceutical 

manufacturing rule for three of Abbott’s 

fluid bed dryers and four of its tunnel 

dryers. Each of the three fluid bed 

dryers previously had a five tons 

volatile organic compound (VOC) per 

year applicability cutoff and each of the 

four tunnel dryers had a 7.5 tons VOC 

per year applicability cutoff. This rule 

revision replaces these individual 

cutoffs with an overall combined cutoff 

for all seven dryers of 20.6 tons VOC per 

year. 

III. What is the background for this 

action? 

This rule revision was requested by 

Abbott to provide it with more 

manufacturing flexibility. Abbott owns a 

pharmaceutical manufacturing facility 

located in Lake County, Illinois. 

Abbott’s operations are subject to the 

emission standards for VOCs at 35 Ill. 

Adm. Code, Subpart T—Pharmaceutical 

Manufacturing (Subpart T rules). 

Section 218.480(b) contains certain 

exemptions that are only applicable to 

Abbott’s air suspension coater/dryer, 

fluid bed dryers, tunnel dryers, and 

Accelacotas. This rule revision amends 

these site-specific exemptions by 

capping and lowering the overall 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
40762 Federal Register / Vol. 75, No. 134 / Wednesday, July 14, 2010 / Proposed Rules 

emissions allowable under the 

exemptions from its tunnel dryers 

numbered #1, #2, #3, and #4, and fluid 

bed dryers numbered #1, #2, and #3. 

This amendment reduces combined 

cutoffs for these seven dryers while 

increasing Abbott’s operational 

flexibility, by allowing it to make 

preferential use of the more efficient 

fluid bed dryers. 

IV. What is EPA’s analysis of Illinois’ 

revised pharmaceutical manufacturing 

rule? 

The revisions to Illinois’ 

pharmaceutical manufacturing rule are 

approvable because it lowers the total 

allowable emissions from seven dryers 

and is consistent with the CAA, EPA 

regulations, and relevant policy. 

More specifically, the individual 

applicability cutoffs for the seven 

affected dryers results in a combined 

allowable emission total of 45 tons of 

VOC per year. The 45 tons VOC per year 

is based on a 5 tons VOC cutoff (in prior 

subsection 218.480(b)(2)) for each of the 

three fluid bed dryers and a 7.5 tons 

VOC per year cutoff (in prior subsection 

218.480 (b)(3) for each of the four tunnel 

dryers. This compares with a 20.6 tons 

VOC per year total in new subsection 

218.480(b)(4) for tunnel dryers 

numbered #1, #2, #3, and #4, and fluid 

bed dryers numbered #1, #2, and #3. 

Subsection 218.480(b)(4) replaces 

subsections 218.480(b)(2) and 

218.480(b)(3) for these seven dryers. 

The main basis for evaluating this 

proposal is EPA’s January 2001 policy 

on Economic Incentive Programs (EIP), 

which is EPA’s applicable policy for 

evaluating emission averaging plans, 

also referred to as ‘‘bubbles.’’ Under the 

EIP policy, a combined emission limit is 

based on the lower of actual or 

allowable emissions. Actual emissions 

are based on the highest consecutive 

two-year period during the preceding 

ten-year period, which in this case is 

1999–2000. The average annual actual 

emissions for the seven dryers during 

this two-year period was calculated to 

be 22.9 tons VOC per year. The EIP 

policy also requires reducing this 

annual emission average by ten percent 

to establish an environmental benefit. 

This results in a combined emission 

limit of 20.6 tons VOC per year, which 

is the value in the new subsection 

218.480(b)(4). 

Illinois amended its July 17, 2009, SIP 

submittal in a May 12, 2010, letter and 

attachments from Laurel L. Kroack, 

Chief, Bureau of Air, Illinois 

Environmental Protection Agency, to 

EPA. This letter establishes how 

compliance with Abbott’s 20.6 tons 

VOC per year limit is determined as 

well as Abbott’s recordkeeping 

requirements. Specifically, this letter 

states: 

It is the Illinois EPA’s interpretation that 

compliance with Abbott’s 20.6 tons VOC per 

year limit shall be determined on a monthly 

basis from the sum of the data for the current 

month plus the preceding 11 months 

(running 12 month total) consistent with 

Condition 7.1.6(i) of Abbott’s current Title V 

permit #96010010, issued on September 26, 

2007. Compliance will be demonstrated 

according to the compliance calculation 

methodology and corresponding 

recordkeeping procedures in Katherine 

Hodge’s April 23, 2008 email to EPA, 

including both the body of the email and its 

attachments, as well as the compliance 

procedures in Condition 7.1.12(e) of Abbott’s 

current Title V permit. Also, Abbott’s 

recordkeeping requirements should also be 

consistent with the recordkeeping 

requirements reflected in Katherine Hodge’s 

April 23, 2008 email, including both the 

body of the e-mail and its attachments. These 

records would need to be maintained for five 

years. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. Accordingly, this 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 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, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: June 30, 2010. 

Walter W. Kovalick Jr., 

Acting Regional Administrator, Region 5. 

[FR Doc. 2010–17139 Filed 7–13–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0514; FRL–9172–2] 

Revisions to the California State 

Implementation Plan, Sacramento 

Metropolitan Air Quality Management 

District and South Coast Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Sacramento 

Metropolitan Air Quality Management 

District (SMAQMD) and South Coast Air 

Quality Management District 

(SCAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

vanishing oils, rust inhibitors, plastic 

coatings, rubber coatings, glass coatings, 

and aerospace operations. We are 

proposing to approve these local rules to 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1