Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Proposed Rules 73025 

PSD permits governing GHGs. Georgia’s 

current PSD program incorporates by 

reference the Federal requirements, 

found at 40 CFR 52.21 (adopted prior to 

the promulgation of EPA’s Tailoring 

Rule), into the State’s major source PSD 

program (which applies to major 

stationary sources having the potential 

to emit at least 100-tpy or 250-tpy or 

more of a regulated NSR pollutant, 

depending on the type of source or 

modifications constructing in areas 

designated attainment or unclassifiable 

with respect to the NAAQS). 

This current SIP revision to Georgia’s 

Regulation 391–3–1-.02(7) (the subject 

of this proposed rulemaking) 

incorporates by reference the provisions 

at 40 CFR 52.21 as amended by the 

promulgation of the Tailoring Rule. 

Specifically, Georgia’s September 30, 

2010 revision updates its existing 

incorporation by reference of the 

Federal NSR program to include the 

relevant Federal Tailoring Rule 

provisions set forth at 40 CFR 52.21. 

EPA has preliminarily determined that 

Georgia’s proposed SIP revision is 

consistent with the Tailoring Rule. 

Furthermore, EPA has preliminarily 

determined that this revision to 

Georgia’s SIP is consistent with section 

110 of the CAA. See, e.g., Tailoring 

Rule, 75 FR at 31561. 

B. Analysis Regarding Georgia’s 

Changes To Incorporate the NSR PM2.5

Requirements for PSD 

Georgia’s Regulation 391–3–1-.02(7) 

(the subject of this proposed 

rulemaking) also incorporates by 

reference the provisions at 40 CFR 52.21 

as amended by the promulgation of the 

NSR PM2.5 Rule for PSD. Specifically, 

Georgia’s September 30, 2010, revision 

updates its existing incorporation by 

reference of the Federal NSR program to 

include the relevant Federal NSR PM2.5

Rule provisions for PSD set forth at 40 

CFR 52.21. However, in light of EPA’s 

proposed rulemaking to repeal the PM2.5

‘‘grandfathering’’ provision, as noted in 

section IV.B. above, Georgia’s revision 

excludes adoption of the relevant 

Federal rule provision, 40 CFR 

52.21(i)(1)(ix). EPA has preliminarily 

determined that Georgia’s proposed SIP 

revision is consistent with the NSR 

PM2.5 Rule for PSD. Furthermore, EPA 

has preliminarily determined that this 

revision to Georgia’s SIP is consistent 

with section 110 of the CAA. 

VI. Proposed Action 

EPA is proposing to approve Georgia’s 

September 30, 2010, SIP revision, 

relating to PSD requirements for GHGemitting sources and for the PM2.5

NAAQS. Specifically, Georgia’s 

September 30, 2010, proposed SIP 

revision establishes appropriate 

emissions thresholds for determining 

PSD applicability with respect to new 

and modified GHG-emitting sources in 

accordance with EPA’s Tailoring Rule, 

and incorporates Federal requirements 

related to PSD for the PM2.5 NAAQS. 

EPA has made the preliminary 

determination that this SIP revision is 

approvable because it is in accordance 

with the CAA and EPA regulations 

regarding PSD permitting for GHGs and 

for the PM2.5 NAAQS. 

VII. 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). 

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 the State’s law 

as meeting Federal requirements and 

does not impose additional 

requirements beyond those imposed by 

the State’s 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 proposed 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, and Reporting and 

recordkeeping requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: November 18, 2010. 

Gwendolyn Keyes Fleming, 

Regional Administrator, Region 4. 

[FR Doc. 2010–29951 Filed 11–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0656; FRL–9232–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Ohio Portion of the CincinnatiHamilton Area; 8-Hour Ozone 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the maintenance plan for 

the Ohio portion of the CincinnatiHamilton, OH–KY–IN 8-hour ozone 

area. The Cincinnati-Hamilton area 

includes Butler, Clermont, Clinton, 

Hamilton, and Warren Counties in Ohio, 

Lawrenceburg Township in Dearborn 

County, Indiana, and Boone, Campbell, 

and Kenton Counties in Kentucky. The 

Ohio Environmental Protection Agency 

(Ohio EPA) submitted a maintenance 

plan revision on July 6, 2010. The 

submittal contained revisions to 2015 

and 2020 NOX point source emissions 

projections for Butler County to reflect 

modifications at a major source that will 

occur during the maintenance period. 

DATES: Comments must be received on 

or before December 29, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

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73026 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Proposed Rules 

OAR–2010–0656, by one of the 

following methods: 

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

the online instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Attainment Planning and 

Maintenance Section, 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. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, 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) 886–1767, 

dagostino.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the 

maintenance plan revision as a direct 

final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this rule, 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: November 15, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2010–29785 Filed 11–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0515; FRL–9232–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Clean Air Interstate Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a request submitted by the Indiana 

Department of Environmental 

Management (IDEM) on June 29, 2009, 

to revise the Indiana State 

Implementation Plan (SIP) under the 

Clean Air Act (CAA). The State has 

submitted amendments to the Indiana 

Administrative Code (IAC), which 

supplement Indiana’s Clean Air 

Interstate Rule (CAIR), for which EPA 

granted limited approval as an 

abbreviated SIP on October 22, 2007. 

The State’s June 29, 2009, submittal 

includes elements that EPA deems 

necessary in order for EPA to fully 

approve Indiana’s CAIR SIP. This will 

allow a transition from an abbreviated 

SIP with limited approval to a full SIP 

with full approval under which the 

various CAIR implementation 

provisions would be governed by State 

rules rather than Federal 

Implementation Plan (FIP) rules. This 

action results in the withdrawal of the 

Indiana CAIR FIP concerning sulfur 

dioxide (SO2), nitrogen oxides (NOX) 

annual, and NOX ozone season 

emissions. 

DATES: Comments must be received on 

or before December 29, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0515, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Attainment Planning and 

Maintenance Section, 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. 

Please see the direct final rule which 

is located in the Final Rules section of 

this Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, 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) 886–0258, 

chang.andy@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 we do not receive any adverse 

comments in response to this rule, we 

do not contemplate taking any further 

action. If EPA receives adverse 

comments, we will withdraw the direct 

final rule, and will address all public 

comments 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 Final Rules section of this 

Federal Register. 

Dated: November 15, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2010–29789 Filed 11–26–10; 8:45 am] 

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