48754 Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Proposed Rules 

determination is available in the docket 

where indicated under ADDRESSES. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR Part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

33 U.S.C. 1231; 46 U.S.C. Chapter 

701, 3306, 3703; 50 U.S.C. 191, 195; 33 

CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security 

Delegation No. 0170.1. 

2. Amend § 165.904 by revising 

paragraph (a) to read as follows: 

§ 165.904 Lake Michigan at Chicago 

Harbor & Burnham Park Harbor—Safety and 

Security Zone. 

(a) Location. All waters of Lake 

Michigan within Burnham Park Harbor 

shoreward of a line across the entrance 

of the harbor connecting coordinates 

41°51′09′′ N, 87°36′36′′ W and 41°51′11′′ 

N, 87°36′22′′ W. 

* * * * * 

3. In § 165.910, revise paragraph 

(a)(1),(a)(1)(i) and add paragraphs (a)(10) 

and (a)(11) to read as follows: 

§ 165.910 Security Zones; Captain of the 

Port Lake Michigan. 

(a) * * * 

(1) Jardine Water Filtration Plant. 

(i) Location. All waters of Lake 

Michigan within the arc of a 100-yard 

radius with its center located on the 

north wall of Jardine Water Filtration 

Plant, approximate position 41°53′46′′ 

N, 87°36′23′′ W; (NAD 83) 

* * * * * 

(10) Wilson Avenue Intake Crib. All 

waters of Lake Michigan within the arc 

of a circle with a 100-yard radius of the 

Wilson Avenue Crib with its center in 

approximate position 41°58′00′′ N, 

87°35′30′′ W. (NAD 83) 

(11) Four Mile Intake Crib. All waters 

of Lake Michigan within the arc of a 

circle with a 100-yard radius of the Four 

Mile Crib with its center in approximate 

position 41°52′40′′ N, 87°32′45′′ W. 

(NAD 83) 

* * * * * 

Dated: July 21 2011. 

M.W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Lake Michigan. 

[FR Doc. 2011–20091 Filed 8–8–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2008–0032; FRL–9449–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Reasonably Available Control 

Technology, Oxides of Nitrogen, 

Cleveland Ozone Non-Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve, 

under the Clean Air Act (CAA), 

revisions to the Ohio State 

Implementation Plan (SIP) submitted on 

January 3, 2008 and June 1, 2011. These 

revisions incorporate provisions related 

to the implementation of nitrogen 

oxides (NOX) Reasonably Available 

Control Technology (RACT) for major 

sources in the former Cleveland-AkronLorain moderate ozone nonattainment 

area. These rules are not required 

because, as established in section 182(f) 

of the CAA, NOX emission control 

requirements do not apply if the 

resulting emission reductions are not 

needed to demonstrate attainment of the 

8-hour ozone standard, which is the 

case for the former Cleveland-AkronLorain moderate ozone nonattainment 

area. However, these rules are being 

submitted and approved for their SIP 

strengthening effect as the control 

requirements in the submitted rules 

result in a RACT level of control. 

DATES: Comments must be received on 

or before September 8, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2008–0032, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: mooney.john@epa.gov. 

• Fax: (312) 692–2511. 

• Mail: John Mooney, Chief, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

• Hand Delivery: John Mooney, Chief, 

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. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2008– 

0032. 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 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 Environmental Protection 

Agency, Region 5, Air and Radiation 


jlentini on DSK4TPTVN1PROD with PROPOSALS
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Division, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. This Facility is 

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

Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Steven Rosenthal, 

Environmental Engineer, at (312) 886– 

6052 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6052, 

Rosenthal.steven@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What should I consider as I prepare my 

comments for EPA? 

II. What action is EPA taking today and what 

is the purpose of this action? 

III. What is EPA’s analysis of Ohio’s NOX

RACT rule? 

IV. Statutory and Executive Order Reviews 

I. What should I consider as I prepare 

my comments for EPA? 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions—EPA may ask 

you to respond to specific questions or 

organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What action is EPA taking today and 

what is the purpose of this action? 

EPA is proposing to approve Ohio’s 

new rule for the control of NOX into the 

Ohio SIP. This rule, Ohio 

Administrative Code (OAC) 3745–110 

‘‘Nitrogen Oxides—Reasonably 

Available Control Technology,’’ was 

submitted to EPA on January 3, 2008, 

and June 1, 2011. This rule consists of 

the following sections: OAC 3745–110– 

01 ‘‘Definitions,’’ OAC 3745–110–02 

‘‘Applicability,’’ OAC 3745–21–110 

‘‘RACT requirements and/or limitations 

for emissions of NOX from stationary 

sources,’’ OAC 3745–11–04 

‘‘Compliance deadlines,’’ and OAC 

3745–110–05 ‘‘Compliance methods.’’ 

The CAA amendments of 1990 

introduced the requirement for existing 

major (100 tons per year in moderate 

nonattainment areas) stationary sources 

of NOX in nonattainment areas to install 

and operate NOX RACT. Specifically, 

section 182(f) establishes NOX emission 

control requirements for ozone 

nonattainment areas. It provides that 

these emission control requirements, 

however, do not apply to an area if the 

Administrator determines that NOX

emission reductions would not 

contribute to attainment of the ozone 

standard. EPA’s January 2005 

document, ‘‘Guidance on Limiting 

Nitrogen Oxides Requirements Related 

to 8-Hour Ozone Implementation,’’ 

provides guidance for demonstrating 

that further NOX reduction in an ozone 

nonattainment area will not contribute 

to ozone attainment. The guidance 

provides that three consecutive years of 

monitoring data showing attainment of 

the standard without implementation of 

section 182(f) NOX provisions is 

adequate to demonstrate that 

‘‘additional reductions of oxides of 

nitrogen would not contribute to 

attainment * * *.’’ CAA section 

182(f)(1)(A). As described in the 

guidance document, approval of this 

type of NOX exemption is contingent on 

continued monitored attainment of the 

standard. 

On March 17, 2009, Ohio submitted a 

request for a waiver from the section 

182(f) NOX requirements for the 

Cleveland-Akron-Lorain area based on 

monitoring data for the years 2006–2008 

showing attainment of the 8-hour ozone 

standard in the area. Based on these 

data, EPA approved Ohio’s request for 

an exemption from the section 182(f) 

NOX requirements in the ClevelandAkron-Lorain area on September 15, 

2009. Because of this NOX waiver the 

Ohio EPA is not required to adopt and 

implement NOX emission control 

regulations pursuant to section 182(f) 

for the Cleveland-Akron-Lorain area to 

qualify for redesignation. The waiver 

request notwithstanding, Ohio EPA 

submitted NOX RACT rules to EPA on 

January 3, 2008, and June 1, 2011, and 

has included NOX RACT in the list of 

contingency measures in the 

maintenance plan for the area. 

III. What is EPA’s analysis of Ohio’s 

NOX RACT rule? 

These NOX RACT rules are 

approvable because they are enforceable 

and, for the sources covered, meet all of 

EPA’s requirements except for the 

compliance dates. As discussed above, 

these rules are not required because of 

the NOX waiver for the ClevelandAkron-Loraine (former nonattainment) 

area. A discussion of these rules 

follows. 

3745–110–01—Definitions 

This section contains definitions that 

are necessary and appropriate for the 

remainder of Ohio’s NOX RACT rule. 

3745–110–02—Applicability 

This rule identifies the categories of 

NOX sources subject to the control 

requirements in rule 3745–110–03. It 

applies to existing very large boilers 

(greater than 250 mmBtu/hr), large 

boilers (100 mmBtu/hr to 250 mmBTU/ 

hr), mid-size boilers (50 mmBtu/hr to 

100 mmBtu/hr), small boilers (20 to 50 

mmBtu/hr), stationary combustion 

turbines and stationary internal 

combustion engines or to any stationary 

source of NOX that is located at a facility 

that emits or has the potential to emit 

over 100 tons per year of NOX emissions 

from all sources at the facility and the 

source is located in Ashtabula, 

Cuyahoga, Geauga, Lake, Lorain, 

Medina, Portage, or Summit County. 

The control requirements in rule 3745– 

110–03 also apply to new (after 1974) or 

modified very large boilers, large 

boilers, mid-size boilers, small boilers, 

stationary combustion turbines, and 

stationary internal combustion engines. 

3745–110–03—RACT Requirements for 

Stationary Sources 

This chapter contains control 

requirements for industrial boilers, 

stationary combustion turbines, and 

stationary internal combustion engines. 

The emission limits contained in this 

chapter for industrial boilers (provided 

below), stationary combustion turbines, 

and stationary internal combustion 

engines are consistent with EPA 

guidance (generally requiring 

combustion controls) and other state 

RACT evaluations. 

(A) Small boilers. 

The owner or operator of a small 

boiler must annually perform a tune-up 

and maintain, in a permanently bound 

log book, or other format approved in 

writing by the Director of Ohio EPA, the 

following information: 

a) The date of the last tune-up; 

b) The name, title and affiliation of 

the person who performed the tune-up 

and made any adjustments; and 


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48756 Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Proposed Rules 

c) Any other information which the 

Ohio environmental protection agency 

may require as a condition of approval 

of any permit for the boiler. 

(B) Mid-size, large and very large 

boilers. 

Except as otherwise provided in 

paragraphs (I) and (J) of this rule, on and 

after the compliance deadline specified 

by rule 3745–110–04 of the 

Administrative Code, no owner or 

operator of a mid-size, large, or very 

large boiler shall allow or permit the 

discharge into the ambient air of any 

NOX emissions in excess of the 

following: 

EMISSIONS LIMITATIONS

[Pounds of NOX Emissions per mmBtu] 

Fuel type Tangential-fired Wall-fired Cyclone-fired Spreader stokerfired 

Overfeed stokerfired 

Gas Only .......................................................... 1 0.10 1 0.10 N/A N/A N/A 

Distillate Oil ...................................................... 1 0.12 1 0.12 1 0.12 N/A N/A 

Residual Oil ...................................................... 2 0.23 2 0.23 2 0.23 N/A N/A 

Coal (Wet Bottom) ........................................... 2 0.30 2 0.30 2 0.30 N/A N/A 

Coal (Dry Bottom) ............................................ 2 0.30 2 0.30 2 0.30 2 0.30 2 0.30 

The NOX emission limitations for the boilers specified above may be achieved by employing the NOX emission control technologies specified 

below. 1 low NOX burners (LNB) 2 low NOX burners (LNB) in conjunction with flue gas recirculation (FGR) or over-fired air (OFA) as applicable. 

This rule does not contain control 

requirements for electric generating 

units (EGUs). EPA’s Cross-State Air 

Pollution Rule provides statewide, not 

unit specific, limits for EGUs. This 

rulemaking does not address whether 

unit specific limits are needed to satisfy 

RACT. 

Ohio’s rule allows an emission 

averaging program in lieu of the 

applicable emission limits for industrial 

boilers, stationary combustion turbines, 

and stationary internal combustion 

engines. However, Ohio’s rule states 

that an emission averaging program 

shall not be Federally enforceable until 

EPA approves the program as part of the 

Ohio SIP. Any such averaging program 

would therefore have to be consistent 

with ‘‘Improving Air Quality with 

Economic Incentive Programs, EPA– 

452/R–01–001, January 2001.’’ Ohio’s 

submittal includes no such averaging 

programs. EPA will review any such 

programs if and when submitted by 

Ohio. 

This chapter also requires site-specific 

RACT evaluations (or RACT studies) for 

any applicable source that is not an 

industrial boiler, stationary combustion 

turbine, or stationary internal 

combustion engines. Site-specific RACT 

evaluations are also allowed for 

industrial boilers, stationary combustion 

turbines, and stationary internal 

combustion engines if the owner or 

operator claims that the applicable limit 

is economically unreasonable and/or 

technically infeasible. These RACT 

studies consist of a detailed engineering 

study to determine the technical and 

economic feasibility of reducing the 

NOX emissions and to define RACT for 

the source. Any definition of RACT and 

schedule of compliance shall be 

submitted to and approved by EPA as a 

revision of the Ohio SIP. 

This chapter contains site-specific 

RACT requirements for four sources. 

Compliance for all of these sources is 

required by the effective date of the rule, 

which is May 12, 2011. These sources 

are: 

(1) The Northeast Ohio Regional 

Sewer District—Southerly Wastewater 

Treatment Center in Cuyahoga Heights 

This facility has two mid-sized 

natural gas fired boilers, with low NOX

burners, for which the presumptive 

limit is 0.10 lb of NOX/mmBTU. The use 

of ultra low NOX burners was 

considered but rejected because they 

would only provide an additional 18 

percent reduction and a costeffectiveness of over $50,000 per ton of 

NOX removed. The requested limits of 

0.15 lb of NOX/mmBTU, based upon the 

use of low-NOX burners, can therefore 

be reasonably considered to represent 

RACT for these boilers under these 

particular circumstances. 

(2) ArcelorMittal Cleveland Inc. 

ArcelorMittal has 12 emission units 

located at its facility which are not one 

of the specific source types with 

specified limits. A 0.35 lb/mmBTU limit 

for the three reheat furnaces at its Hot 

Strip Mill is based upon the installation 

of 240 low NOX burners which has 

resulted in a 51 percent reduction in 

NOX emission. The Continuous 

Galvanizing Line is equipped with a low 

NOX burner providing an estimated 50 

percent NOX emission reduction 

resulting in an emission limit of 0.23 lb/ 

mmBTU. The remaining emissions units 

burn natural gas or blast furnace gas as 

fuel and generate relatively low NOX

emissions and are subject to limits from 

0.06–0.10 lb/mmBTU. For the reasons 

provided above, the above limits can 

reasonably be considered to represent 

RACT under these particular 

circumstances. 

(3) Republic Engineered Products 

Republic Engineered products has 2 

reheat furnaces at its facility which are 

not one of the specific source types with 

specified limits. These furnaces use low 

NOX burners with resulting emission 

limitations of 0.15 and 0.132 lb/ 

mmBTU. These limits can reasonably be 

considered to represent RACT, under 

these particular circumstances, because 

the additional reductions that could be 

obtained with post-combustion controls 

are not cost-effective. 

(4) United States Steel Lorain Tubular 

Operations 

United States Steel Lorain Tubular 

Operations has several furnaces at its 

facility which are not one of the specific 

source types with specified limits. 

Emissions Units P003, P0037 and P040 

are subject to limits of 0.068 lb/mmBTU, 

0.15 lb/mmBTU and 0.15 lb/mmBTU. 

These limits are based upon the 

continued use of low NOX burners 

because post combustion controls are 

not cost-effective. RACT limits have not 

yet been established for Emission Units 

P035 and P039. 

It should be noted that there are other 

subject sources for which RACT limits 

have not yet been established. 

The emission limits specified in this 

rule are based upon either of the 

following: 

(1) The average of three one-hour 

stack test runs if stack testing is used to 

demonstrate compliance; or 

(2) A twenty-four-hour inputweighted average if a continuous 

emissions monitor is used to 

demonstrate compliance. 

Both of these are accepted methods for 

determining the lbs of NOX/mmBTU. 


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3745–110–04 Compliance Deadlines 

The effective date of this chapter is 

December 22, 2007. For facilities that 

have not conducted a RACT study, 

compliance is required by December 22, 

2009, if combustion modifications are 

required to achieve compliance with the 

limits in 3745–21–03 or December 22, 

2010, if add-on controls are required to 

demonstrate compliance. 

For facilities conducting a RACT 

study, compliance is required by two 

years after approval by the Director of 

Ohio EPA if combustion modifications 

are required to demonstrate compliance. 

Compliance is required by three years 

after approval by the Director if add-on 

controls are needed to demonstrate 

compliance. The four facilities 

identified in the discussion of rule 

3745–110–03, and for which RACT 

studies have been approved, were 

required to have achieved compliance 

by May 2, 2011. 

The general emission limits for 

industrial boilers, stationary combustion 

turbines, and stationary internal 

combustion engines represent RACT. In 

addition, the limits for the four facilities 

resulting from RACT studies can 

reasonably be considered to represent 

RACT under the specified 

circumstances. It should be noted that 

there are other facilities for which RACT 

studies are being developed that are not 

currently complying with NOX RACT. 

EPA expects that Ohio will adopt and 

submit limits for those sources once the 

studies are complete, and EPA will 

evaluate those limits at that time. To the 

extent that the facilities are subject to 

specific limits under rule 3745–110–03, 

compliance with those limits is required 

now, unless and until a revised limit is 

approved. 

EPA’s November 29, 2005, ‘‘Final 

Rule To Implement the 8-Hour Ozone 

National Ambient Air Quality 

Standard—Phase 2’’ (70 FR 71612) 

required that compliance be achieved by 

March 2009. Rule 3745–110–04 

provides for compliance dates after 

March 2009, but the compliance date 

has now passed for all sources that are 

subject to the NOX limits in this rule. 

Therefore, there is no longer any ozone 

air quality impact from allowing 

facilities to have compliance deadlines 

after 2009 (and there is also no way that 

these facilities can ever meet the March 

2009 deadline). Finally, since Ohio is 

not currently required to adopt RACT 

rules, Ohio is not required to have 

RACT rules with a March 2009 

compliance date. 

3745–110–05 Compliance Methods 

This rule requires that a source which 

is subject to the requirements of rule 

3745–110–03 demonstrate compliance 

with the applicable emission limits by 

performing emission tests in accordance 

with EPA Method 7, 7A, 7C, 7D, or 7E, 

and any additional approved EPA 

methods as applicable. 

Any continuous emissions monitoring 

system for NOX shall meet the 

requirements of Performance 

Specification 2, 40 CFR Part 60, 

Appendix B and quality assurance 

procedures contained in 40 CFR Part 60, 

Appendix F or 40 CFR Part 75. 

These are the appropriate EPA 

approved methods for establishing 

compliance. 

Conclusion 

These rules are not required because, 

as established in section 182(f) of the 

CAA, NOX emission control 

requirements do not apply if the 

resulting emission reductions are not 

needed to demonstrate attainment of the 

8-hour ozone standard, which is the 

case for the former Cleveland-AkronLorain moderate ozone nonattainment 

area. However, these rules are being 

submitted and approved for their SIP 

strengthening effect. In addition, EPA 

believes that the control requirements in 

the submitted rules mandate an 

acceptable RACT level of control. 

As indicated above, these rules do not 

apply to EGUs. In addition, there are 

other otherwise applicable sources that 

are not subject to these rules because 

their RACT studies have not as yet been 

approved. Finally, compliance 

deadlines for some sources are later 

than the March 2009, deadline that was 

established in EPA’s phase 2 guidance 

for areas required to adopt RACT rules 

pursuant to the 1997 8-hour ozone 

standard. However, EPA is satisfied that 

the limits for sources covered in Ohio’s 

rule are RACT-level limits, and EPA 

finds the compliance dates acceptable 

given that the RACT requirements (and 

associated compliance deadline 

requirements) do not apply and given 

that in any case all sources are now 

required to be in compliance. 

These rules are therefore being 

proposed for approval because they 

provide additional NOX control 

requirements and therefore strengthen 

the effectiveness of the SIP. 

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 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 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 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 


jlentini on DSK4TPTVN1PROD with PROPOSALS
48758 Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Proposed Rules 

1 75 FR 62739 (Oct. 13, 2010). 

2The Presidential Memorandum is found at: 

http://www.whitehouse.gov/the-press-office/ 

presidential-memorandum-regarding-fuelefficiency-standards. 3 In addition, NHTSA will consider analyses it is 

required to conduct under the National 

Environmental Policy Act. 

4 75 FR 62739, October 13, 2010. 

5 75 FR 76337, December 8, 2010. 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: July 29, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2011–20205 Filed 8–8–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 85, 86, and 600 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Parts 531 and 533 

[EPA–HQ–OAR–2010–0799; FRL–9448–7; 

NHTSA–2010–0131] 

RIN 2060–AQ54; RIN 2127–AK79 

2017–2025 Model Year Light-Duty 

Vehicle GHG Emissions and CAFE 

Standards: Supplemental Notice of 

Intent 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), and 

Environmental Protection Agency 

(EPA). 

ACTION: Supplemental Notice of Intent. 

SUMMARY: President Obama issued a 

Presidential Memorandum on May 21, 

2010, concerning the development of a 

new generation of clean cars and trucks 

through innovative technologies and 

manufacturing. The President requested 

that EPA and NHTSA, on behalf of the 

Department of Transportation, develop, 

through notice and comment 

rulemaking, a coordinated National 

Program under the Clean Air Act (CAA) 

and the Energy Policy and Conservation 

Act (EPCA), as amended by the Energy 

Independence and Security Act (EISA), 

to reduce fuel consumption by and 

greenhouse gas emissions of light-duty 

vehicles for model years 2017–2025. 

This notice of intent generally 

describes the joint proposal that the 

EPA and NHTSA expect to issue to 

establish the National Program for 

model years 2017–2025. The agencies 

are developing the proposal based on 

extensive technical analyses, an 

examination of the factors required 

under the respective statutes and on 

discussions with individual motor 

vehicle manufacturers and other 

stakeholders. The National Program 

would apply to passenger cars, lightduty trucks, and medium-duty 

passenger vehicles (light-duty vehicles) 

built in those model years. 

DATES: The agencies currently expect to 

issue a proposal for a coordinated 

National Program for model year 2017– 

2025 light-duty vehicles by 

September 28, 2011, and a final rule by 

July 31, 2012. 

ADDRESSES: See the FOR FURTHER

INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

EPA: Christopher Lieske, Office of 

Transportation and Air Quality, 

Assessment and Standards Division, 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, MI 

48105; telephone number: 734–214– 

4584; fax number: 734–214–4816; 

e-mail address: 

lieske.christopher@epa.gov, or contact 

the Assessment and Standards Division; 

e-mail address: otaqpublicweb@epa.gov. 

DOT/NHTSA: Rebecca Yoon, Office of 

Chief Counsel, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Telephone: (202) 366–2992. 

SUPPLEMENTARY INFORMATION: 

How can I get copies of this document 

and other related information? 

NHTSA and EPA have established 

dockets for the already issued notices 

and upcoming rulemaking under Docket 

ID numbers NHTSA–2010–0131 and 

EPA–HQ–OAR–2010–0799, 

respectively. You may read the 

materials placed in the dockets (e.g., the 

TAR and the comments submitted in 

response to the first NOI 1 by other 

interested persons) at any time by going 

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

the online instructions for accessing the 

dockets. 

You may also read the materials at the 

EPA Docket Center or NHTSA Docket 

Management Facility at the following 

locations: EPA: EPA Docket Center, 

EPA/DC, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. 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) 566–1744. 

NHTSA: Docket Management Facility, 

M–30, U.S. Department of 

Transportation, West Building, Ground 

Floor, Rm. W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

The Docket Management Facility is 

open between 9 a.m. and 5 p.m. Eastern 

Time, Monday through Friday, except 

Federal holidays. 

The dockets established by the 

agencies will remain open for the 

duration of the rulemaking. 

I. Background and Introduction 

Following the successful adoption of 

a National Program for greenhouse gas 

emissions (GHG) and fuel economy 

standards for model years (MY) 2012– 

2016 vehicles, the President issued a 

Memorandum on May 21, 2010 

requesting that the Environmental 

Protection Agency (EPA) and the 

National Highway Traffic Safety 

Administration (NHTSA), on behalf of 

the Department of Transportation, work 

together to develop a national program 

for model years 2017–2025. Specifically, 

he requested that the agencies develop 

‘‘ * * * a coordinated national program 

under the CAA [Clean Air Act] and the 

EISA [Energy Independence and 

Security Act of 2007] to improve fuel 

efficiency and to reduce greenhouse gas 

emissions of passenger cars and lightduty trucks of model years 2017– 

2025.’’ 2 The President recognized our 

country could take a leadership role in 

addressing the global challenges of 

improving energy security and reducing 

greenhouse gas pollution, stating that 

‘‘America has the opportunity to lead 

the world in the development of a new 

generation of clean cars and trucks 

through innovative technologies and 

manufacturing that will spur economic 

growth and create high-quality domestic 

jobs, enhance our energy security, and 

improve our environment.’’ 

Since that time, the agencies have 

worked with the state of California, as 

requested by the President, to address 

all elements requested in the May 21, 

2010 memorandum. We completed an 

initial assessment of the technologies, 

strategies and underlying analyses that 

would be considered in setting 

standards for MYs 2017–2025 in 

consultation with a wide range of 

stakeholders.3 The Interim Technical 

Assessment Report (TAR) and a Notice 

of Intent (NOI) to conduct a joint 

rulemaking were concluded on 

September 30, 2010.4 Following the 

opportunity for public comment on the 

interim TAR and NOI, the agencies 

developed and published a 

Supplemental NOI (SNOI) 5 in 

December 2010 highlighting many of the 

key comments received in response to 

the September NOI, and to the TAR. The 

Supplemental NOI also discussed the 

agencies’ plans for many of the key 

technical analyses that have been and 


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