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

PSD permits governing GHGs. Georgia’s current PSD program incorporates by reference the Federal requirements, found at 40 CFR 52.21 (adopted prior to the promulgation of EPA’s Tailoring Rule), into the State’s major source PSD program (which applies to major stationary sources having the potential to emit at least 100-tpy or 250-tpy or more of a regulated NSR pollutant, depending on the type of source or modifications constructing in areas designated attainment or unclassifiable with respect to the NAAQS).

This current SIP revision to Georgia’s Regulation 391–3–1-.02(7) (the subject of this proposed rulemaking) incorporates by reference the provisions at 40 CFR 52.21 as amended by the promulgation of the Tailoring Rule. Specifically, Georgia’s September 30, 2010 revision updates its existing incorporation by reference of the Federal NSR program to include the relevant Federal Tailoring Rule provisions set forth at 40 CFR 52.21. EPA has preliminarily determined that Georgia’s proposed SIP revision is consistent with the Tailoring Rule. Furthermore, EPA has preliminarily determined that this revision to Georgia’s SIP is consistent with section 110 of the CAA. See, e.g., Tailoring Rule, 75 FR at 31561. B. Analysis Regarding Georgia’s Changes To Incorporate the NSR PM 2.5 Requirements for PSD

Georgia’s Regulation 391–3–1-.02(7) (the subject of this proposed rulemaking) also incorporates by reference the provisions at 40 CFR 52.21 as amended by the promulgation of the NSR PM 2.5 Rule for PSD. Specifically, Georgia’s September 30, 2010, revision updates its existing incorporation by reference of the Federal NSR program to include the relevant Federal NSR PM 2.5 Rule provisions for PSD set forth at 40 CFR 52.21. However, in light of EPA’s proposed rulemaking to repeal the PM 2.5

‘‘grandfathering’’ provision, as noted in section IV.B. above, Georgia’s revision excludes adoption of the relevant Federal rule provision, 40 CFR 52.21(i)(1)(ix). EPA has preliminarily determined that Georgia’s proposed SIP revision is consistent with the NSR PM 2.5 Rule for PSD. Furthermore, EPA has preliminarily determined that this revision to Georgia’s SIP is consistent with section 110 of the CAA. VI. Proposed Action

EPA is proposing to approve Georgia’s September 30, 2010, SIP revision,relating to PSD requirements for GHGemitting sources and for the PM 2.5 NAAQS. Specifically, Georgia’s September 30, 2010, proposed SIP revision establishes appropriate emissions thresholds for determining PSD applicability with respect to new and modified GHG-emitting sources in accordance with EPA’s Tailoring Rule, and incorporates Federal requirements related to PSD for the PM 2.5 NAAQS. EPA has made the preliminary determination that this SIP revision is approvable because it is in accordance with the CAA and EPA regulations regarding PSD permitting for GHGs and for the PM 2.5 NAAQS. VII. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, this proposed action merely approves the State’s law as meeting Federal requirements and does not impose additional requirements beyond those imposed by the State’s law. For that reason, this proposed action:

• Is not a ‘‘ significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. );

• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq. );

• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4);

• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this proposed rule does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on Tribal governments or preempt Tribal law. List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental relations, and Reporting and recordkeeping requirements.

Authority: 42 U.S.C. 7401 et seq.
Dated: November 18, 2010. Gwendolyn Keyes Fleming, Regional Administrator, Region 4.
[FR Doc. 2010–29951 Filed 11–26–10; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R05–OAR–2010–0656; FRL–9232–1]**

**Approval and Promulgation of Air Quality Implementation Plans; Ohio;** **Ohio Portion of the Cincinnati Hamilton Area; 8-Hour Ozone**  **Maintenance Plan**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA is proposing to approve a revision to the maintenance plan forthe Ohio portion of the CincinnatiHamilton, OH–KY–IN 8-hour ozone area. The Cincinnati-Hamilton area includes Butler, Clermont, Clinton, Hamilton, and Warren Counties in Ohio, Lawrenceburg Township in Dearborn County, Indiana, and Boone, Campbell, and Kenton Counties in Kentucky. The Ohio Environmental Protection Agency (Ohio EPA) submitted a maintenance plan revision on July 6, 2010. The submittal contained revisions to 2015 and 2020 NO X point source emissions projections for Butler County to reflect modifications at a major source that will occur during the maintenance period.

**DATES :**  Comments must be received on or before December 29, 2010.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–R05–


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

OAR–2010–0656, by one of the following methods:

1. http://www.regulations.gov: Follow the online instructions for submitting
comments.

2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 692–2551.
4. Mail: John M. Mooney, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

5. Hand Delivery: John M. Mooney, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit
comments.

**FOR FURTHER INFORMATION CONTACT :**  Kathleen D’Agostino, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–1767, dagostino.kathleen@epa.gov.

**SUPPLEMENTARY INFORMATION :**  In the Final Rules section of this Federal Register , EPA is approving the maintenance plan revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules section of this Federal Register

.

Dated: November 15, 2010. Susan Hedman, Regional Administrator, Region 5.
[FR Doc. 2010–29785 Filed 11–26–10; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R05–OAR–2009–0515; FRL–9232–4]**

**Approval and Promulgation of Air Quality Implementation Plans; Indiana;**  **Clean Air Interstate Rule**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA is proposing to approve a request submitted by the Indiana Department of Environmental Management (IDEM) on June 29, 2009, to revise the Indiana State Implementation Plan (SIP) under the Clean Air Act (CAA). The State has submitted amendments to the Indiana Administrative Code (IAC), which supplement Indiana’s Clean Air Interstate Rule (CAIR), for which EPA granted limited approval as an abbreviated SIP on October 22, 2007. The State’s June 29, 2009, submittal includes elements that EPA deems necessary in order for EPA to fully approve Indiana’s CAIR SIP. This will allow a transition from an abbreviated SIP with limited approval to a full SIP with full approval under which the various CAIR implementation provisions would be governed by State rules rather than Federal Implementation Plan (FIP) rules. This action results in the withdrawal of the Indiana CAIR FIP concerning sulfur dioxide (SO 2), nitrogen oxides (NO X) annual, and NO X ozone season emissions.

**DATES :**  Comments must be received on or before December 29, 2010.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–R05– OAR–2009–0515, by one of the following methods:

1. http://www.regulations.gov: Follow the on-line instructions for submitting
comments.

2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 692–2551.
4. Mail: John M. Mooney, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

5. Hand Delivery: John M. Mooney, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

Please see the direct final rule which is located in the Final Rules section of this Federal Register for detailed instructions on how to submit
comments.

**FOR FURTHER INFORMATION CONTACT :**  Andy Chang, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–0258, chang.andy@epa.gov.

**SUPPLEMENTARY INFORMATION :**  In the Final Rules section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If we do not receive any adverse comments in response to this rule, we do not contemplate taking any further action. If EPA receives adverse comments, we will withdraw the direct final rule, and will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule, which is located in the Final Rules section of this Federal Register.

Dated: November 15, 2010. Susan Hedman, Regional Administrator, Region 5.
[FR Doc. 2010–29789 Filed 11–26–10; 8:45 am]

**BILLING CODE 6560–50–P**