Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Proposed Rules 6823 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

The Boeing Company: Docket No. FAA– 

2010–0035; Directorate Identifier 2009– 

NM–066–AD. 

Comments Due Date 

(a) We must receive comments by March 

29, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 747–400, 747–400D, and 

747–400F series airplanes, certificated in any 

category; as identified in the service bulletins 

listed in paragraphs (c)(1) and (c)(2) of this 

AD. 

(1) Boeing Service Bulletin 747–28A2266, 

Revision 1, dated December 10, 2009. 

(2) Boeing Alert Service Bulletin 747– 

28A2267, dated December 18, 2008. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Unsafe Condition 

(e) This AD results from fuel system 

reviews conducted by the manufacturer. The 

Federal Aviation Administration is issuing 

this AD to prevent an electrical hot short 

from a source outside the Fuel Quantity 

Indicating System (FQIS) to the densitometer 

wiring from causing failure of the FQIS 

densitometer resistors, which could result in 

an ignition source inside the center or 

horizontal stabilizer fuel tanks. An ignition 

source, in combination with flammable fuel 

vapors, could result in a fuel tank explosion 

and consequent loss of the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Installation of Hot Short Protector 

(g) Within 60 months after the effective 

date of this AD: Do the applicable 

installations of the hot short protector (HSP) 

specified in paragraphs (g)(1) and (g)(2) of 

this AD. 

Note 1: Boeing Service Bulletin 747– 

28A2266, Revision 1, dated December 10, 

2009; and Boeing Alert Service Bulletin 747– 

28A2267, dated December 18, 2008; refer to 

Cinch Service Bulletin CN1036–28–01, 

Revision C, dated January 18, 2007, as an 

additional source of guidance for installing 

the HSP in the fuel tanks. 

(1) For all airplanes: Install the HSP in the 

center wing tank, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 747–28A2266, Revision 1, 

dated December 10, 2009. 

(2) For airplanes identified in Boeing Alert 

Service Bulletin 747–28A2267, dated 

December 18, 2008: Install the HSP in the 

horizontal stabilizer tank, in accordance with 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin 747–28A2267, dated 

December 18, 2008. 

Credit for Installation Previously 

Accomplished in Accordance With Previous 

Issue of Service Bulletin 

(h) Actions accomplished before the 

effective date of this AD according to Boeing 

Alert Service Bulletin 747–28A2266, dated 

December 18, 2008, are considered 

acceptable for compliance with the 

corresponding action specified in this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to Attn: 

Georgios Roussos, Aerospace Engineer, 

Systems and Equipment Branch, ANM–130S, 

FAA, Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, Washington 

98057–3356; telephone (425) 917–6482; fax 

(425) 917–6590. Or, e-mail information to 9- 

ANM-Seattle-ACO-AMOC-Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

Issued in Renton, Washington, on February 

4, 2010. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–2992 Filed 2–10–10; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2004–0014: FRL–9113–1] 

RIN 2060–AP73 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Reconsideration of 

Inclusion of Fugitive Emissions; 

Proposal for Additional Stay 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to put 

in place an additional 18-month stay to 

the existing stay of the inclusion of 

fugitive emissions requirements in the 

federal Prevention of Significant 

Deterioration (PSD) program published 

in the Federal Register on December 19, 

2008, in the final rule entitled, 

‘‘Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Reconsideration of 

Fugitive Emissions’’ (‘‘Fugitive 

Emissions Rule’’). The Fugitive 

Emissions Rule under the federal PSD 

program requires that fugitive emissions 

be included in determining whether a 

physical or operation change results in 

a major modification only for sources in 

industries that have been designated 

through rulemaking under section 302(j) 

of the Clean Air Act (Act or CAA). 

The existing stay is in effect for three 

months; that is, from December 31, 

2009, until March 31, 2010. This action 

proposes to put in place an additional 

stay for 18 months, which we believe 

will allow for sufficient time for EPA to 

propose, take public comment on, and 

issue a final action concerning the 

inclusion of fugitive emissions in the 

Federal PSD program. 

DATES: Comments must be received on 

or before March 15, 2010. 

Public Hearing. If anyone contacts 

EPA requesting the opportunity to speak 

at a public hearing concerning the 

proposed regulation by February 22, 

2010, we will hold a public hearing on 

February 26, 2010. If a hearing is held, 

the record for the hearing will remain 

open until March 29, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2004–0014, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket, 

Environmental Protection Agency, Mail 

code 6102T, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West, Room 

3334, 1301 Constitution Ave., NW., 

Washington, DC 20460. 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 

the applicable docket. 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:// 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
6824 Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Proposed Rules 

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. 

Public Hearing. If a public hearing is 

held, it will be held at the U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, Washington, DC 

20004. 

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, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center, Public Reading 

Room, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC, 20460. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1742, 

and the telephone number for the Air 

Docket is (202) 566–1744. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Wheeler, Air Quality Policy 

Division, (C504–03), U.S. 

Environmental Protection Agency, 

Research Triangle Park, NC, 27711; 

telephone number (919) 541–9771; fax 

number (919) 541–5509; or e-mail 

address: wheeler.carrie@epa.gov. 

To request a public hearing or 

information pertaining to a public 

hearing on this document, contact Ms. 

Pamela Long, Air Quality Policy 

Division, Office of Air Quality Planning 

and Standards (C504–03), 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number (919) 541– 

0641; fax number (919) 541–5509; email address: long.pam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

action include sources in all industry 

groups. The majority of sources 

potentially affected are expected to be in 

the following groups. 

Industry group SIC a NAICSb

Electric Services .................................................................... 491 ............................ 221111, 221112, 221113, 221119, 221121, 221122. 

Petroleum Refining ................................................................ 291 ............................ 324110. 

Industrial Inorganic Chemicals .............................................. 281 ............................ 325181, 325120, 325131, 325182, 211112, 325998, 

331311, 325188. 

Industrial Organic Chemicals ................................................ 286 ............................ 325110, 325132, 325192, 325188, 325193, 325120, 

325199. 

Miscellaneous Chemical Products ........................................ 289 ............................ 325520, 325920, 325910, 325182, 325510. 

Natural Gas Liquids ............................................................... 132 ............................ 211112. 

Natural Gas Transport ........................................................... 492 ............................ 486210, 221210. 

Pulp and Paper Mills ............................................................. 261 ............................ 322110, 322121, 322122, 322130. 

Paper Mills ............................................................................. 262 ............................ 322121, 322122. 

Automobile Manufacturing ..................................................... 371 ............................ 336111, 336112, 336211, 336992, 336322, 336312, 

336330, 336340, 336350, 336399, 336212, 336213. 

Pharmaceuticals .................................................................... 283 ............................ 325411, 325412, 325413, 325414. 

Mining .................................................................................... 211, 212, 213 ............ 21. 

Agriculture, Fishing and Hunting ........................................... 111, 112, 113, 115 .... 11. 

aStandard Industrial Classification 

b North American Industry Classification System. 

Entities potentially affected by the 

subject rule for this proposed action also 

include state, local, and tribal 

governments. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit 

information containing CBI to EPA 

through http://www.regulations.gov or 

e-mail. Send or deliver information 

identified as CBI only to the following 

address: Mr. Roberto Morales, OAQPS 

Document Control Officer (C404–02), 

U.S. EPA, Office of Air Quality Planning 

and Standards, Research Triangle Park, 

North Carolina 27711, Attention: Docket 

ID EPA–HQ–OAR–2004–0014. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in 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 your comments, 

remember to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The Agency 

may ask you to respond to specific 

questions or organize comments by 

referencing a Code of Federal 

Regulations (CFR) part or section 

number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• If you estimate potential costs or 

burdens, explain how you arrived at 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Proposed Rules 6825 

1 John Walke, NRDC, EPA–HQ–OAR–2004–0014– 

0060. 

2Lisa Jackson, US EPA, EPA–HQ–OAR–2004– 

0014–0062. 

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. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

C. Where can I get a copy of this 

document and other related 

information? 

In addition to being available in the 

docket, an electronic copy of this 

proposed rule will also be available on 

the World Wide Web. Following 

signature by the EPA Administrator, a 

copy of this final rule will be posted in 

the regulations and standards section of 

our NSR home page located at http:// 

www.epa.gov/nsr. 

D. How can I find information about a 

possible public hearing? 

To request a public hearing or 

information pertaining to a public 

hearing on this document, contact Ms. 

Pamela Long, Air Quality Policy 

Division, Office of Air Quality Planning 

and Standards (C504–03), 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number (919) 541– 

0641; fax number (919) 541–5509; email address: long.pam@epa.gov. 

E. How is this preamble organized? 

I. General Information 

A. Does this action apply to me? 

B. What should I consider as I prepare my 

comments for EPA? 

C. Where can I get a copy of this document 

and other related information? 

D. How can I find information about a 

possible Public Hearing? 

E. How is this preamble organized? 

II. This Action 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Determination Under Section 307(d) 

IV. Statutory Authority 

II. This Action 

On December 19, 2008, the EPA 

(‘‘we’’) issued a final rule revising our 

requirements of the major NSR 

programs regarding the treatment of 

fugitive emissions (‘‘Fugitive Emissions 

Rule’’). 73 FR 77882. The final rule 

required fugitive emissions to be 

included in determining whether a 

physical or operational change results in 

a major modification only for sources in 

industries that have been designated 

through rulemaking under section 302(j) 

of the Act. The final rule amended all 

portions of the major NSR program 

regulations: Permit requirements, the 

PSD program, and the emission offset 

interpretive ruling. 

On February 17, 2009, the Natural 

Resources Defense Council (NRDC) 

submitted a petition for reconsideration 

of the December 2008 final rule as 

provided for in CAA 307(d)(7)(B).1

On April 24, 2009, we responded to 

the February 17, 2009, petition by letter 

indicating that we were convening a 

reconsideration proceeding for the 

inclusion of fugitive emissions 

challenged in the petition and granting 

a 3-month administrative stay of the 

rule contained in the federal PSD 

program at 40 CFR parts 51 and 52. The 

letter also indicated that we would 

publish a notice of proposed rulemaking 

‘‘in the near future’’ to address the 

specific issues for which we are granting 

reconsideration.2

The administrative stay of the 

Fugitive Emissions Rule became 

effective on September 30, 2009. See 74 

FR 50115, FR Doc. E9–23503. As noted 

above, our authority under section 

307(d)(7)(B) to stay a rule or portion 

thereof solely under the Administrator’s 

discretion is limited to 3 months. When 

we have issued similar administrative 

stays in the past, it has often been our 

practice to also propose an additional 

stay through a rulemaking process to 

ensure that there is no gap between the 

end of the stay and the completion of 

the final action. An interim final 

determination was made to provide an 

additional stay for 3 months. This 

additional stay became effective on 

December 31, 2009. See 74 FR 65692. In 

this case, we believe that an additional 

stay for 18 months would provide 

adequate time for EPA to propose, take 

comment on, and issue a final action on 

issues that are associated with the 

inclusion of fugitive emissions 

provisions. Therefore, we propose to put 

in place an additional stay of the 

fugitive emissions provisions contained 

in the Federal PSD program at 40 CFR 

parts 51 and 52 indefinitely. As 

alternatives, we also solicit comment on 

different time periods for the extension 

of the stay: (1) for 12 months, until 

February 11, 2011; or (2) for 24 months, 

until February 11, 2012. 

Note that we are not taking comment 

at this time on any substantive issues 

concerning any of the provisions subject 

to the reconsideration. This notice 

simply proposes to put in place an 

additional stay, so comments should be 

limited to the issue of whether and how 

long to add to the existing 

administrative stay. A separate Federal 

Register notice published in the near 

future will specifically solicit comment 

on issues related to the reconsideration 

of the inclusion of fugitive emissions 

contained in the December 2008 final 

rule for which the Administrator 

granted reconsideration. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order (EO) 12866 

(58 FR 51735, October 4, 1993), this 

action is a ‘‘significant regulatory action’’ 

because it raises novel legal or policy 

issues. Accordingly, EPA submitted this 

action to the Office of Management and 

Budget (OMB) for review under EO 

12866 and any changes made in 

response to OMB recommendations 

have been documented in the docket for 

this action. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). This action 

only proposes to put in place an 

additional stay for 18 months. 

However, the Office of Management 

and Budget has previously approved the 

information collection requirements 

contained in the existing regulations 

under the provisions of the Paperwork 

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

and has assigned OMB control number 

2060–0003. The OMB control numbers 

for EPA’s regulations in 40 CFR are 

listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
6826 Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Proposed Rules 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this proposed rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

This proposed rule will not impose any 

new requirements on small entities. We 

have determined that small businesses 

will not incur any adverse impacts 

because EPA is taking this action to 

propose an additional stay to the 

regulations at 40 CFR parts 51 and 52 

concerning the inclusion of fugitive 

emissions. No costs are associated with 

this amendment. 

We continue to be interested in the 

potential impacts of the proposed rule 

on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This action does not contain a federal 

mandate under the provisions of Title II 

of the Unfunded Mandates Reform Act 

of 1995 (UMRA), 2 U.S.C. 1531–1538 for 

State, local, and tribal governments, in 

the aggregate, or the private sector in 

any one year. This action only proposes 

to put in place an additional stay of the 

regulations at 40 CFR parts 51 and 52 

concerning the inclusion of fugitive 

emissions. Thus, this rule is not subject 

to the requirements of sections 202 or 

205 of the Unfunded Mandates Reform 

Act (UMRA). 

This proposed rule is also not subject 

to the requirements of section 203 of 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in EO 

13132. This action only proposes to put 

in place an additional stay of the 

regulations at 40 CFR parts 51 and 52 

concerning the inclusion of fugitive 

emissions. Thus, EO 13132 does not 

apply to this rule. 

In the spirit of EO 13132, and 

consistent with EPA policy to promote 

communications between EPA and state 

and local governments, EPA specifically 

solicits comment on this proposed rule 

from state and local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in EO 13175 

(65 FR 67249, November 9, 2000). This 

action will not impose any new 

obligations or enforceable duties on 

tribal governments. Thus, EO 13175 

does not apply to this action. 

EPA specifically solicits additional 

comment on this proposed action from 

tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because this proposal only 

proposes to put in place an additional 

stay of the regulations at 40 CFR parts 

51 and 52 concerning the inclusion of 

fugitive emissions. However, EPA 

solicits comments on whether the 

proposal would result in an adverse 

environmental effect that would have a 

disproportionate effect on children. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant energy 

action’’ as defined in EO 13211 (66 FR 

28355 (May 22, 2001)), because it is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. This proposal only proposes to 

put in place an additional stay of the 

regulations at 40 CFR parts 51 and 52 

concerning the inclusion of fugitive 

emissions. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low income populations 

because it only seeks to put in place an 

additional stay of the regulations at 40 

CFR parts 51 and 52 concerning the 

inclusion of fugitive emissions. 

K. Determination Under Section 307(d) 

Pursuant to sections 307(d)(1)(J) and 

307(d)(1)(V) of the CAA, the 

Administrator determines that this 

action is subject to the provisions of 

section 307(d). Section 307(d)(1)(V) 

provides that the provisions of section 

307(d) apply to ‘‘such other actions as 

the Administrator may determine.’’ 

IV. Statutory Authority 

The statutory authority for this action 

is provided by section 301(a) of the CAA 

as amended (42 U.S.C. 7601(a)). This 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Proposed Rules 6827 

notice is also subject to section 307(d) 

of the CAA (42 U.S.C. 7407(d)). 

List of Subjects 

40 CFR Part 51 

Administrative practices and 

procedures, Air pollution control, 

Carbon monoxide, Fugitive emissions, 

Intergovernmental relation, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, 

Transportation, Volatile organic 

compounds. 

40 CFR Part 52 

Administrative practices and 

procedures, Air pollution control, 

Carbon monoxide, Fugitive emissions, 

Intergovernmental relation, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, 

Transportation, Volatile organic 

compounds. 

Dated: February 4, 2010. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2010–2965 Filed 2–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2006–0569; FRL–9112–2] 

Approval of Air Quality Implementation 

Plans; New Mexico; Albuquerque/ 

Bernalillo County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing 

revisions to the State Implementation 

Plan submitted by the Governor of New 

Mexico on May 24, 2006. The revisions 

address Title 20 of the New Mexico 

Administrative Code, Chapter 11, Part 

102 (denoted 20.11.102 NMAC), which 

apply to oxygenated fuels in the 

Albuquerque/Bernalillo County area. 

The revisions include editorial and 

substantive changes that clarify the 

requirements under 20.11.102 NMAC. 

We are proposing to approve these 

revisions in accordance with the 

requirements of section 110 of the Clean 

Air Act. 

DATES: Written comments must be 

received on or before March 15, 2010. 

ADDRESSES: Comments may be mailed to 

Mr. Guy Donaldson, Chief, Air Planning 

Section (6PD–L), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Paige, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–6521; fax number 

214–665–7263; e-mail address 

paige.carrie@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated. If 

EPA receives adverse comments, the 

direct final rule will be withdrawn and 

all public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

For additional information, see the 

direct final rule, which is located in the 

rules section of this Federal Register. 

Dated: January 15, 2010. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2010–2791 Filed 2–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2003–0062: FRL–9113–2] 

RIN 2060–AP75 

Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less Than 2.5 Micrometers 

(PM2.5); Notice of Proposed 

Rulemaking To Repeal Grandfathering 

Provision and End the PM10 Surrogate 

Policy 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: In this action, in response to 

a petition for reconsideration, EPA is 

proposing two actions that would end 

EPA’s 1997 policy that allows sources 

and permitting authorities to use a 

demonstration of compliance with the 

prevention of significant deterioration 

(PSD) requirements for particulate 

matter less than 10 micrometers (PM10) 

as a surrogate for meeting the PSD 

requirements for particulate matter less 

than 2.5 micrometers (PM2.5). First, in 

accordance with the Administrator’s 

commitment to the petitioners in a letter 

dated April 24, 2009, the EPA is 

proposing to repeal the ‘‘grandfathering’’ 

provision for PM2.5 contained in the 

Federal PSD program. Second, EPA is 

proposing to end early the PM10

Surrogate Policy applicable in States 

that have an approved PSD program in 

their State Implementation Plan (‘‘SIPapproved States’’). 

DATES: Comments. Comments must be 

received on or before March 15, 2010. 

Public Hearing. If anyone contacts 

EPA requesting the opportunity to speak 

at a public hearing concerning the 

proposed regulation by February 22, 

2010, EPA will hold a public hearing on 

February 26, 2010. If a hearing is held, 

the record for the hearing will remain 

open until March 29, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2003–0062, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Mail: Air and Radiation Docket, 

Environmental Protection Agency, Mail 

code 6102T, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. Please 

include a total of two copies. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West, Room 

3334, 1301 Constitution Ave., NW., 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS