Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Proposed Rules 52717 

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: September 9, 2009. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. E9–24609 Filed 10–13–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0339; FRL–8947–3] 

Revisions to the Arizona State 

Implementation Plan, Maricopa County 

Air Quality Department 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Maricopa County Air 

Quality Department (MCAQD) portion 

of the Arizona State Implementation 

Plan (SIP). These revisions concern 

particulate matter (PM) emissions and 

precursors from steam generating units, 

cogeneration units, stationary gas 

turbines, process heaters and internal 

combustion engines. We are proposing 

to approve local rules to regulate these 

emission sources under the Clean Air 

Act as amended in 1990 (CAA or the 

Act). 

DATES: Any comments on this proposal 

must arrive by November 13, 2009. 

ADDRESSES: Submit comments, 

identified by docket number [EPA–R09– 

OAR–2009–0339], by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through http://

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

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

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: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Idalia Perez, EPA Region IX, (415) 972– 

3248, perez.idalia@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rules: 322, Power Plant Operations, 323, 

Fuel Burning Equipment from 

Industrial/Commercial/Institutional 

(ICI) Sources and 324, Stationary 

Internal Combustion (IC) Engines. In the 

Rules and Regulations section of this 

Federal Register, we are approving 

these local rules in a direct final action 

without prior proposal because we 

believe these SIP revisions are not 

controversial. If we receive adverse 

comments, however, we will publish a 

timely withdrawal of the direct final 

rule and address the comments in 

subsequent action based on this 

proposed rule. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: July 10, 2009. 

Jane Diamond, 

Deputy Regional Administrator, Region IX. 

[FR Doc. E9–24548 Filed 10–13–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 97 

[EPA–R04–OAR–2009–0765; FRL–8968–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Tennessee; Clean Air Interstate Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Tennessee State 

Implementation Plan (SIP) submitted by 

the State of Tennessee through the 

Tennessee Department of Environment 

and Conservation on July 13, 2009. This 

revision incorporates provisions related 

to the implementation of EPA’s Clean 

Air Interstate Rule (CAIR), promulgated 

on May 12, 2005, subsequently revised 

on April 28, 2006, and December 13, 

2006, and the CAIR Federal 

Implementation Plan (FIP) concerning 

Sulfur Dioxide (SO2), Nitrogen Oxides 

(NOX) annual, and NOX ozone season 

emissions for the State of Tennessee, 

promulgated on April 28, 2006, and 

subsequently revised December 13, 

2006. Although the District of Columbia 

Circuit Court found CAIR to be flawed, 

the rule was remanded without vacatur 

and thus remains in place. EPA is 

continuing to approve CAIR provisions 

into SIPs as appropriate. EPA previously 

approved an ‘‘abbreviated SIP’’ for 

Tennessee, primarily consisting of rules 

governing allocation of allowances to 

electric generating units (EGUs) for use 

in the trading programs established 

pursuant to CAIR and providing for 

voluntary opt-in to these programs on 

August 20, 2007 (72 FR 46388), effective 

on October 19, 2007. Tennessee has now 

requested, in a revised submittal dated 

September 21, 2009, and a clarification 

letter dated September 24, 2009, that 

EPA act on a portion of the July 13, 

2009, submittal as an abbreviated SIP. 


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