78950 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Proposed Rules 

I. Background 

This SIP revision proposes to replace, 

in its entirety, the SIP version of 

45CSR14, as approved by EPA on 

December 4, 2006 (71 FR 64470), with 

West Virginia’s current version of this 

rule. West Virginia 45 CSR14 governs 

the permitting for the construction of 

new major stationary sources and the 

significant modification of existing 

major stationary sources of air 

pollutants in areas designated 

attainment or non-classifiable for the 

National Ambient Air Quality Standards 

(NAAQS). This regulatory revision was 

made effective as a legislative rule by 

the State of West Virginia on June 1, 

2009. 

II. Summary of SIP Revision 

West Virginia’s rule 45CSR14 

establishes a pre-construction permit 

program consistent with Title I of the 

CAA and the implementing regulations 

at 40 CFR 51.166 ‘‘Prevention of 

Significant Deterioration of Air Quality.’’ 

West Virginia rule 45CSR14 also 

ensures that the West Virginia SIP 

provides for the attainment and 

maintenance of the National Ambient 

Air Quality Standards (NAAQS) in 

accordance with Section 110(a)(2)(C) of 

the CAA which requires States to have 

a permitting program for regulation of 

the construction and modification of 

sources as required by Part C of Title I 

of the CAA to assure NAAQS are 

achieved. 

On November 29, 2005, NOX were 

established as precursors to the criteria 

pollutant ozone and became regulated 

under 40 CFR 51.166 and 40 CFR 52.21 

(70 FR 71612). The new version of 

45CSR14 establishes NOX as a precursor 

to ozone to satisfy these requirements. 

The new version of 45CSR14 also 

deletes references to pollution control 

projects (PCPs) and clean units (CUs) to 

make the West Virginia’s regulation 

consistent with the Federal PSD 

regulations. 

The provisions of the State’s rule at 

45CSR14.19.8 now include the 

recordkeeping and reporting 

requirements for sources that elect to 

use the actual-to-projected actual 

emission test and where there is a 

‘‘reasonable possibility’’ that a project 

may result in a significant net emissions 

increase. In our previous approval of 

45CSR14, dated December 4, 2006 (71 

FR 64470), at the request of West 

Virginia, we took no action on the 

provisions of 45CSR14.19.8 pertaining 

to the recordkeeping and reporting 

requirements for sources that elect to 

use the actual-to-projected actual 

emission test and where there is a 

‘‘reasonable possibility’’ that a project 

may result in a significant net emissions 

increase. We are now proposing to 

approve 45CSR14.19.8 as a revision to 

the West Virginia SIP because the 

necessary regulatory corrections have 

been made. 

We are proposing approval of West 

Virginia’s July 20, 2009 SIP revision 

because we believe that the 

amendments to West Virginia’s PSD 

permit program at 45CSR14 as described 

herein meet the minimum requirements 

of 40 CFR 51.166 and the CAA. Aside 

from the changes described herein, no 

other changes to the West Virginia SIP’s 

PSD program as approved by EPA on 

December 4, 2006 (71 FR 64470) would 

result from this revision to replace the 

version of 45CSR14 in the West Virginia 

SIP. 

III. Proposed Action 

We are proposing to approve the West 

Virginia SIP’s July 20, 2009 SIP revision 

to replace 45CSR14 in its entirety. We 

are soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. 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 proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the 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 to 

approve replacing the current SIPapproved version of West Virginia rule 

45CSR14 in its entirety with an updated 

version to satisfy the CAA’s 

requirements for the Prevention of 

Significant Deterioration 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, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: December 7, 2010. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2010–31796 Filed 12–16–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2010–0285; FRL–9239–9] 

Availability of Additional Information 

for the Proposed Rulemaking for 

Colorado’s Attainment Demonstration 

for the 1997 8-Hour Ozone Standard 

and Related Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Proposed Rules 78951 

ACTION: Notice of data availability. 

SUMMARY: This document announces the 

availability of revised modeling that 

relates to EPA’s notice of proposed 

rulemaking for Colorado’s Attainment 

Demonstration for the 1997 8-hour 

Ozone Standard for the Denver Metro 

Area/North Front Range (DMA/NFR) 

nonattainment area and Related 

Revisions. The results of the modeling 

and the modeling files have been placed 

in the docket for this rulemaking. EPA 

is providing an opportunity to comment 

on the revised modeling. 

DATES: Comments must be received on 

or before January 18, 2011. 

ADDRESSES: Submit your comments 

identified by Docket ID Regulation 

Number EPA–R08–OAR–2010–0285 by 

one of the following methods: 

• Mail: Callie Videtich, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Callie Videtich, 

Director, Air Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 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. 

• E-mail: komp.mark@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2010– 

0285. 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 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: 

Mark Komp, Air Program, 1595 

Wynkoop Street, Mailcode: 8P–AR, 

Denver, Colorado 80202–1129, (303) 

312–6022, komp.mark@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

II. Notice of Data Availability 

Definitions 

For the purpose of this document, the 

following definitions apply: 

(i) Act or CAA means or refers to the 

Clean Air Act, unless the context 

indicates otherwise. 

(ii) EPA, we, us or our means or refers 

to the United States Environmental 

Protection Agency. 

(iii) SIP means or refers to State 

Implementation Plan. 

(iv) ppb means parts per billion of 

ozone in air. 

(v) State or Colorado means the State 

of Colorado, unless the context indicates 

otherwise. 

(vi) NAAQS means or refers to 

National Ambient Air Quality 

Standards. 

(vii) NODA means or refers to Notice 

of Data Availability. 

I. General Information 

A. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http:// 

regulations.gov or e-mail. 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 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. 

• 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. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Notice of Data Availability 

On June 18, 2009, Colorado submitted 

revisions to the Colorado SIP for the 

1997 8-hour ozone NAAQS for the 

DMA/NFR nonattainment area. The 

revisions included a modeled 

attainment demonstration using 


srobinson on DSKHWCL6B1PROD with PROPOSALS
78952 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Proposed Rules 

photochemical grid modeling that the 

State conducted in 2008. 

(Photochemical grid modeling is used to 

project future 8-hour ozone Design 

Values for comparison to the 85.0 ppb 

ozone NAAQS.) On July 21, 2010, we 

proposed to act on the State’s revisions 

and as part of that action, proposed to 

approve Colorado’s attainment 

demonstration and certain other aspects 

of the revisions, and proposed to 

disapprove other aspects of the 

revisions. For further information on 

Colorado’s submittal and our proposed 

action, please consult the Federal 

Register (July 21, 2010; 75 FR 42346). 

On October 7, 2010, Colorado 

submitted revised photochemical 

modeling results to us for the DMA/NFR 

ozone SIP. Colorado re-ran the 

photochemical model because in 

September 2010 the State discovered 

that errors had been made in specifying 

the location of certain point sources in 

the 2008 modeling. Latitude/longitude 

locations for some point sources in the 

original modeling effort were 

mistakenly derived using the degreeminute-second coordinate system rather 

than the correct decimal degree 

coordinate system. As a result, some 

point source locations were displaced in 

the grid-coordinate system used by the 

model. Thus, Colorado re-ran the model 

with the correct coordinates to 

determine whether the errors made in 

locating some point sources affected the 

reliability of the model results. 

The projected Design Values for 2010 

resulting from the revised modeling 

remain below the 85.0 ppb ozone 

NAAQS. For the SIP’s 2010 base case, 

the revised modeling’s maximum 

projected 8-hour ozone Design Values 

are found at the Rocky Flats North and 

Fort Collins West monitoring sites—84.7 

ppb ozone at both locations in 2010. 

This is 0.2 ppb lower than the State’s 

2008 modeling projected using incorrect 

point source locations. Because it 

produced slightly lower values at the 

monitoring sites with maximum Design 

Values, the revised modeling supports 

the conclusions that EPA proposed 

regarding the 2008 modeling. 

With this Notice of Data Availability, 

we are providing an opportunity for the 

public to comment on Colorado’s 

October 2010 revised modeling, 

including comments on how it may 

affect EPA’s proposed determinations as 

reflected in our July 21, 2010 proposal. 

We are not re-opening the comment 

period on the material that was before 

the Agency at the time of the July 21, 

2010 proposal. 

Colorado’s October 2010 revised 

modeling is reflected in the following 

two documents, which we have added 

to the rulemaking docket: 

1. Final 2010 Ozone Attainment 

Demonstration Modeling for the Denver 8- 

Hour Ozone State Implementation Plan. 

Docket Number: EPA–R08–OAR–2010–0285– 

0025. 

2. MEMORANDUM, October 7, 2010: 

ENVIRON: Denver Final 2010 Ozone 

Attainment Demonstration Modeling using 

Correct Point Source Locations. Docket 

Number: EPA–R08–OAR–2010–0285–0043. 

We will take final action based on our 

notice of proposed rulemaking that was 

published in the Federal Register on 

July 21, 2010 (75 FR 42346), the 

comments we received on that proposal, 

Colorado’s October 2010 revised 

modeling, and any comments we 

receive in response to this NODA. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by Reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 10, 2010. 

Carol Rushin, 

Deputy Regional Administrator, Region 8. 

[FR Doc. 2010–31738 Filed 12–16–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2010–0859; FRL–9240–3] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; 

Commonwealth of Virginia; Control of 

Emissions From Existing Hospital/ 

Medical/Infectious Waste Incinerator 

(HMIWI) Units, Negative Declaration 

and Withdrawal of EPA Plan Approval 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

Commonwealth of Virginia’s negative 

declaration and request for EPA 

withdrawal of its section 111(d)/129 

plan (the plan) approval for HMIWI 

units. Submittal of a negative 

declaration or State plan revision is a 

requirement of the Clean Air Act (CAA). 

In the Final Rules section of this 

Federal Register, EPA is approving the 

Commonwealth of Virginia’s negative 

declaration and request for EPA 

withdrawal of its plan approval for 

HMIWI units. A detailed rationale for 

the approval is set forth in the direct 

final rule. If no 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. 

DATES: Comments must be received in 

writing by January 18, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0859 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: E-mail: 

wilkie.walter@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0859, 

Walter K. Wilkie, Associate Director, Air 

Protection, Division, Office of Air 

Monitoring and Analysis, Mailcode 

3AP40, 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– 

0859 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 


srobinson on DSKHWCL6B1PROD with PROPOSALS