81480 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

* * * * * 

[FR Doc. 2010–32487 Filed 12–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0857; FRL–9243–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Allegheny County’s 

Adoption of Control Techniques 

Guidelines for Large Appliance and 

Metal Furniture; Flat Wood Paneling; 

Paper, Film, and Foil Surface Coating 

Processes; and Revisions to 

Definitions and an Existing Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Pennsylvania State Implementation Plan 

(SIP). These SIP revisions include 

amendments to the Allegheny County 

Health Department (ACHD) Rules and 

Regulations, Article XXI, Air Pollution 

Control, and meet the requirement to 

adopt Reasonably Available Control 

Technology (RACT) for sources covered 

by EPA’s Control Techniques 

Guidelines (CTG) standards for the 

following categories: Large appliance 

and metal furniture; flat wood paneling; 

and paper, film, and foil surface coating 

processes. These amendments will 

reduce emissions of volatile organic 

compounds (VOC) from large appliance 

and metal furniture; flat wood paneling; 

and paper, film, and foil surface coating 

processes. Therefore, this revision will 

help Pennsylvania attain and maintain 

the national ambient air quality 

standard (NAAQS) for ozone. This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: This rule is effective on February 

28, 2011 without further notice, unless 

EPA receives adverse written comment 

by January 27, 2011. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0857 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: powers.marilyn@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0857, 

Marilyn Powers, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, 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– 

0857. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://www. 

regulations.gov or e-mail. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105 

or the Allegheny County Health 

Department, Bureau of Environmental 

Quality, Division of Air Quality, 301 

39th Street, Pittsburgh, Pennsylvania 

15201. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

e-mail at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: On July 

23, 2010, the Pennsylvania Department 

of Environmental Protection (PADEP) 

submitted to EPA a SIP revision 

concerning the adoption of the EPA 

CTGs for large appliance and metal 

furniture; flat wood paneling; and 

paper, film, and foil surface coating 

processes. 

I. Background 

Section 172(c)(1) of the CAA provides 

that SIPs for nonattainment areas must 

include reasonably available control 

measures (RACM), including RACT for 

sources of emissions. Section 

182(b)(2)(A) provides that for certain 

nonattainment areas, States must revise 

their SIPs to include RACT for sources 

of VOC emissions covered by a CTG 

document issued after November 15, 

1990 and prior to the area’s date of 

attainment. 

CTGs are intended to provide State 

and local air pollution control 

authorities information that should 

assist them in determining RACT for 

VOCs from various sources, including 

large appliance coatings, metal furniture 

coatings, flat wood paneling coatings, 

and paper, film, and foil coatings. In 

developing these CTGs, EPA, among 

other things, evaluated the sources of 

VOC emissions from this industry and 

the available control approaches for 

addressing these emissions, including 

the costs of such approaches. Based on 

available information and data, EPA 

provided recommendations for RACT 

for VOCs from large appliance coatings, 

metal furniture coatings, flat wood 

paneling coatings, and paper, film, and 

foil coatings. 

In December 1977, EPA published 

CTGs for large appliance coatings (EPA– 

450/2–77–034), surface coating of metal 

furniture (EPA–450/2–77–032), and 

surface coating of paper (EPA–450/2– 

77–008). In June 1978, EPA published a 

CTG for flat wood paneling coatings 

(EPA–450/2–78–034). These CTGs 

discuss the nature of VOC emissions 

from these industries, available control 


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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81481 

technologies for addressing such 

emissions, the costs of available control 

options, and other items. 

EPA promulgated national standards 

of performance for new stationary 

sources (NSPS) for the industries listed 

above, and EPA also published a 

national emission standard for 

hazardous air pollutants (NESHAP) for 

these industries. 

In 2006 and 2007, after conducting a 

review of currently existing State and 

local VOC emission reduction 

approaches for these industries, 

reviewing the 1977/1978 CTGs and the 

NESHAPs for these industries, and 

taking into account the information that 

has become available since then, EPA 

developed new CTGs for: Surface 

coating of large appliances, entitled 

Control Techniques Guidelines for Large 

Appliance Coatings (Publication No. 

EPA 453/R–07–004; September 2007); 

surface coating of paper, entitled 

Control Techniques Guidelines for 

Paper, Film, and Foil Coatings 

(Publication No. EPA 453/R–07–003; 

September 2007); surface coating of 

metal furniture, entitled Control 

Techniques Guidelines for Metal 

Furniture Coatings (Publication No. EPA 

453/R–07–005; September 2007); and 

surface coating of flat wood paneling, 

entitled Control Techniques Guidelines 

for Flat Wood Paneling Coatings 

(Publication No. EPA 453/R–06–004). 

Large appliance coatings include, but 

are not limited to, materials referred to 

as paint, topcoats, basecoats, primers, 

enamels, and adhesives used in the 

manufacture of large appliance parts or 

products. Coatings are a critical 

constituent to the large appliance 

industry. The metal furniture coatings 

product category includes the coatings 

that are applied to the surfaces of metal 

furniture. Metal furniture coatings serve 

decorative, protective, and functional 

purposes. Flat wood paneling coatings 

means wood paneling products that are 

any interior, exterior or tileboard (class 

I hardboard) panel to which a 

protective, decorative, or functional 

material or layer has been applied. 

Emissions of VOCs from flat wood 

coating facilities occur primarily at the 

coating line, although some emissions 

also occur at paint mixing and storage 

areas. The paper, film, and foil product 

category includes coatings that are 

applied to paper, film, or foil surfaces in 

the manufacturing of several major 

product types for the following industry 

sectors: Pressure sensitive tape and 

labels; photographic film; industrial and 

decorative laminates; abrasive products; 

and flexible packaging. The category 

also includes coatings applied during 

miscellaneous coating operations for 

several products including: Corrugated 

and solid fiber boxes; die-cut paper 

paperboard and cardboard; converted 

paper and paperboard not elsewhere 

classified; folding paperboard boxes, 

including sanitary boxes; manifold 

business forms and related products; 

plastic asceptic packaging; and carbon 

paper and inked ribbons. VOC 

emissions from large appliance, metal 

furniture, flat wood paneling, and 

paper, film, or foil surface coating 

processes result from the evaporation of 

the components of the coatings and 

cleaning materials. 

II. Summary of SIP Revision 

On July 23, 2010, the Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted to EPA a SIP 

revision concerning the adoption of the 

EPA CTGs for large appliance and metal 

furniture; flat wood paneling; and 

paper, film, and foil surface coating 

processes in Allegheny County. EPA 

develops CTGs as guidance on control 

requirements for source categories. 

States can follow the CTGs or adopt 

more restrictive standards. Allegheny 

County has adopted EPA’s CTG 

standards into ACHD Rules and 

Regulations, Article XXI, Air Pollution 

Control, section 2105.77 for large 

appliance and metal furniture; section 

2105.78 for flat wood paneling; and 

section 2105.79 for paper, film, and foil 

surface coating processes (see EPA 453/ 

R–07–004, September 2007; EPA 453/R– 

07–003, September 2007; EPA 453/R– 

07–005, September 2007; EPA 453/R– 

06–004). Additionally, the SIP revision 

included revisions to an existing 

regulation (section 2105.10) for surface 

coating processes and related 

definitions (section 2101.20). This 

action affects sources that use large 

appliance and metal furniture; flat wood 

paneling; and paper, film, and foil 

surface coating processes in Allegheny 

County. 

New regulation, section 2105.77, 

Control of VOC Emissions from Large 

Appliance and Metal Furniture Surface 

Coating Processes establishes the 

following emissions limits of VOCs for 

Large Appliance and Metal Surface 

Coatings: 

TABLE 2105.77—EMISSIONS LIMITS OF VOCS FOR LARGE APPLIANCE AND METAL SURFACE COATINGS

[Weight of VOC per volume of coating solids] 

Surface coating process category 

Baked Air dried 

kg/l lb/gal kg/l lb/gal 

1. Large Appliance coating: 0 .40 3 .3 0 .40 3 .3 

(a) general, one component ............................................. 0 .40 3 .3 0 .55 4 .5 

(b) general, multi-component ........................................... 0 .55 4 .62 0 .55 4 .62 

(c) extreme high gloss ...................................................... 0 .55 4 .62 0 .55 4 .62 

(d) extreme performance .................................................. 0 .55 4 .62 0 .55 4 .62 

(e) heat resistant .............................................................. 0 .55 4 .62 0 .55 4 .62 

(f) metallic ......................................................................... 0 .55 4 .62 0 .55 4 .62 

(g) pretreatment coatings ................................................. 0 .55 4 .62 0 .55 4 .62 

(h) solar absorbent ........................................................... 0 .55 4 .62 0 .55 4 .62 

2. Metal Furniture coating: 0 .40 3 .3 0 .40 3 .3 

(a) general, one component ............................................. 0 .40 3 .3 0 .55 4 .5 

(b) general, multi-component ........................................... 0 .61 5 .06 0 .55 4 .5 

(c) extreme high gloss ...................................................... 0 .61 5 .06 0 .61 5 .06 

(d) extreme performance .................................................. 0 .61 5 .06 0 .61 5 .06 

(e) heat resistant .............................................................. 0 .61 5 .06 0 .61 5 .06 

(f) metallic ......................................................................... 0 .61 5 .06 0 .61 5 .06 

(g) pretreatment coatings ................................................. 0 .61 5 .06 0 .61 5 .06 

(h) solar absorbent ........................................................... 0 .61 5 .06 0 .61 5 .06 


srobinson on DSKHWCL6B1PROD with RULES
81482 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

Additionally, the regulation outlines 

applicability, limitations, exempt 

solvents, application techniques, and 

work practices. 

New regulation, section 2105.78, 

Control of VOC Emissions from Flat 

Wood Paneling Coating Processes 

establishes the following emissions 

limits of VOCs: The VOC content of 

each as applied coating is equal to or 

less than 2.9 lbs. VOC per gallon of 

coating solids (0.35 kg VOC per liter of 

coating solids). Additionally, the 

regulation outlines applicability, 

limitations, records, exempt solvents, 

application techniques, and work 

practices. 

New regulation, section 2105.79, 

Control of VOC Emissions from Paper, 

Film, and Foil Surface Coating 

operations establishes the following 

emissions limits of VOC: 

TABLE 2105.79—EMISSIONS LIMITS OF VOCS FOR PAPER, FILM, AND FOIL SURFACE COATINGS

[Weight of VOC per weight of solids or coating applied] 

Surface coating process category Solids applied 

kg VOC/kg solids 

Coating applied 

kg VOC/kg 

coatings 

Pressure Sensitive Tape and Label ............................................................................................................ 0 .20 0 .067 

Paper, Film, and Foil (Not including pressure sensitive tape and labels) .................................................. 0 .40 0 .08 

Additionally, the regulation outlines 

applicability, limitations, records, 

exempt solvents, application 

techniques, and work practices. 

In addition to adopting the CTGs 

discussed above, definitions arising 

from these CTG regulations were added 

to Article XXI (section 2101.20) and are 

being added to the Allegheny County 

portion of the Pennsylvania SIP. 

Definitions were added for exterior 

panels, interior panels, flat wood panel 

coating, and tileboard. 

Changes were also made to an existing 

regulation, section 2105.10, Surface 

Coating Processes, making outdated 

limits for sources covered by these CTG 

regulations void after January 1, 2011. 

The specific language added is as 

follows: 

1. The limits from section 2105.10 

and Table section 2105.10, number 7 for 

metal furniture coating and number 9 

for large appliance coating, no longer 

apply to the large appliance and metal 

furniture surface coating process as of 

January 1, 2011. 

2. The limits from section 2105.10 

and Table section 2105.10, number 5 for 

Paper coating, no longer apply to the 

paper, film, and foil surface coating 

process as of January 1, 2011. 

III. Final Action 

Pennsylvania’s July 23, 2010 SIP 

revision meets the CAA requirement to 

include RACT for sources covered by 

the EPA CTGs for the following 

categories in Allegheny County: Large 

appliance and metal furniture; flat wood 

paneling; and paper, film, and foil 

surface coating processes. Therefore, 

EPA is approving the Pennsylvania SIP 

revision for adoption of the CTG 

standards for large appliance and metal 

furniture; flat wood paneling; and 

paper, film, and foil surface coating 

processes. EPA is publishing this rule 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on February 28, 2011 without 

further notice unless EPA receives 

adverse comment by January 27, 2011. 

If EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must 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. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the Clean Air Act, 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 Clean Air Act. 

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 Clean Air Act; 

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 


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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81483 

costs on Tribal governments or preempt 

Tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 28, 

2011. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action pertaining to Allegheny 

County’s adoption of the CTG standards 

for large appliance and metal furniture, 

flat wood paneling, and paper, film, and 

foil surface coating processes may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: December 14, 2010. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(c)(2) is amended by revising the entries 

for Article XXI, Sections 2101.20 and 

2105.10, and adding entries for Article 

XXI, Sections 2105.77, 2105.78, 2105.79 

to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(2) * * * 

Article XX or XXI 

citation Title/subject State effective date EPA approval date Additional explanation/§ 52.2063 citation 

Part A—General 

*******

2101.20 ........................ Definitions .................... 5/24/10 12/28/10 [Insert page 

number where the 

document begins] 

Addition of four new definitions: Exterior panels, interior panels, flat wood panel coating, 

and tileboard. 

*******

Part E—Source Emission and Operating Standards 

*******

Subpart 1—VOC Sources 

*******

2105.10 ........................ Surface Coating Processes.5/24/10 12/28/10 [Insert page 

number where the 

document begins].

Revision to Applicability, section 2105.10(a). 

Subpart 7—Miscellaneous VOC Sources 

*******

2105.77 ........................ Control of VOC Emissions from Large Appliance and Metal 

Furniture Surface 

Coating Processes.

5/24/10 12/28/10 [Insert page 

number where the 

document begins] 

New Regulation. 

2105.78 ........................ Control of VOC Emissions from Flat Wood 

Paneling Coating 

Processes.

5/24/10 12/28/10 [Insert page 

number where the 

document begins] 

New Regulation. 


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81484 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

Article XX or XXI 

citation Title/subject State effective date EPA approval date Additional explanation/§ 52.2063 citation 

2105.79 ........................ Control of VOC Emissions from Paper, 

Film, and Foil Surface Coating Processes.

5/24/10 12/28/10 [Insert page 

number where the 

document begins] 

New Regulation. 

* * * * * * * 

* * * * * 

[FR Doc. 2010–32488 Filed 12–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–TX–0012; 

FRL–9243–1] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Emissions Banking and Trading of 

Allowances Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On November 16, 2010 (75 FR 

69884), EPA published a direct final 

rule approving portions of four revisions 

to the Texas State Implementation Plan 

(SIP) that create and amend the 

Emissions Banking and Trading of 

Allowances (EBTA) Program. The EBTA 

Program establishes a cap and trade 

program to reduce emissions of oxides 

of nitrogen (NOX) and sulfur dioxide 

(SO2) from participating electric 

generating facilities in Texas. The direct 

final action was published without prior 

proposal because EPA anticipated no 

adverse comments. EPA stated in the 

direct final rule that if we received 

relevant, adverse comments by 

December 16, 2010, EPA would publish 

a timely withdrawal in the Federal 

Register. EPA subsequently received 

timely adverse comments on the direct 

final rule. Therefore, EPA is 

withdrawing the direct final approval. 

EPA will address all relevant, adverse 

comments submitted by December 16, 

2010, in a subsequent final action based 

on the parallel proposal also published 

on November 16, 2010 (75 FR 69909). 

As stated in the parallel proposal, EPA 

will not institute a second comment 

period on this action. 

DATES: The direct final rule published 

on November 16, 2010 (75 FR 69884), is 

withdrawn as of December 28, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Adina Wiley (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, TX 75202– 

2733. The telephone number is (214) 

665–2115. Ms. Wiley can also be 

reached via electronic mail at 

wiley.adina@epa.gov. 

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 15, 2010. 

Al Armendariz, 

Regional Administrator, EPA Region 6. 

■ Accordingly, the amendments to 40 

CFR 52.2270 published in the Federal 

Register on November 16, 2010 (75 FR 

69884), which were to become effective 

on January 18, 2011, are withdrawn. 

[FR Doc. 2010–32458 Filed 12–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2010–0003] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are 

finalized for the communities listed 

below. These modified BFEs will be 

used to calculate flood insurance 

premium rates for new buildings and 

their contents. 

DATES: The effective dates for these 

modified BFEs are indicated on the 

following table and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

for the listed communities prior to this 

date. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–4064, or (e-mail) 

luis.rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below of the modified BFEs for 

each community listed. These modified 

BFEs have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Federal 

Insurance and Mitigation Administrator 

has resolved any appeals resulting from 

this notification. 

The modified BFEs are not listed for 

each community in this notice. 

However, this final rule includes the 

address of the Chief Executive Officer of 

the community where the modified BFE 

determinations are available for 

inspection. 

The modified BFEs are made pursuant 

to section 206 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 


srobinson on DSKHWCL6B1PROD with RULES