Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices 11877 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2007–1145; FRL–9126–8] 

Review of the Secondary National 

Ambient Air Quality Standards for 

Oxides of Nitrogen and Oxides of 

Sulfur 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability of draft 

report. 

SUMMARY: On or about March 1, 2010, 

the Office of Air Quality Planning and 

Standards (OAQPS) of EPA is making 

available a draft report, Policy 

Assessment for the Review of the 

Secondary National Ambient Air 

Quality Standards for Oxides of 

Nitrogen and Oxides of Sulfur: First 

External Review Draft. The EPA is 

releasing this preliminary draft 

document to seek early consultation 

with the Clean Air Scientific Advisory 

Committee (CASAC) and to solicit 

public comment on the overall structure 

and framing of key issues and areas of 

focus that will be discussed in a future, 

complete draft policy assessment 

document. 

DATES: Comments should be submitted 

on or before April 29, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2007–1145, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: Comments may be sent by 

electronic mail (e-mail) to a-and-rdocket@epa.gov, Attention Docket ID 

No. EPA–HQ–OAR–2007–1145. 

• Fax: Fax your comments to 202– 

566–9744, Attention Docket ID. No. 

EPA–HQ–OAR–2007–1145. 

• Mail: Send your comments to: Air 

and Radiation Docket and Information 

Center, Environmental Protection 

Agency, Mailcode: 2822T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460, Attention Docket ID No. 

EPA–HQ–OAR–2007–1145. 

• Hand Delivery or Courier: Deliver 

your comments to: EPA Docket Center, 

1301 Constitution Ave., NW., Room 

3334, Washington, DC. 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–HQ–OAR–2007– 

1145. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

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 www.regulations.gov 

or e-mail. The 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 www.regulations.gov, your email 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 docket 

are listed in the 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 

www.regulations.gov or in hard copy at 

the Air Docket in the EPA Docket 

Center, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. This Docket Facility is open from 

8:30 a.m. to 4:30 p.m. Monday through 

Friday, excluding legal holidays. The 

Docket telephone number is 202–566– 

1742; fax 202–566–9744. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Bryan Hubbell, Office of Air Quality 

Planning and Standards (Mailcode 

C504–02), U.S. Environmental 

Protection Agency, Research Triangle 

Park, NC 27711; e-mail: 

hubbell.bryan@epa.gov; telephone: 919– 

541–0621; fax: 919–541–0804. 

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 

www.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. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

Under section 108(a) of the Clean Air 

Act (CAA), the Administrator identifies 

and lists certain pollutants which ‘‘cause 

or contribute to air pollution which may 

reasonably be anticipated to endanger 

public health or welfare.’’ The EPA then 

issues air quality criteria for listed 

pollutants, which are commonly 

referred to as ‘‘criteria pollutants.’’ The 

air quality criteria are to ‘‘accurately 

reflect the latest scientific knowledge 

useful in indicating the kind and extent 

of all identifiable effects on public 

health or welfare which may be 

expected from the presence of [a] 

pollutant in the ambient air, in varying 


srobinson on DSKHWCL6B1PROD with NOTICES
11878 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices 

1Under CARB’s regulations, an LDT1 is a lightduty truck having a loaded weight of 0–3750 

pounds. 

2 58 FR 4166, January 13, 1993. 

quantities.’’ Under section 109 of the 

CAA, EPA establishes national ambient 

air quality standards (NAAQS) for each 

listed pollutant, with the NAAQS based 

on the air quality criteria. Section 109(d) 

of the CAA requires periodic review 

and, if appropriate, revision of existing 

air quality criteria. The revised air 

quality criteria reflect advances in 

scientific knowledge on the effects of 

the pollutant on public health or 

welfare. The EPA is also required to 

periodically review and revise the 

NAAQS, if appropriate, based on the 

revised criteria. 

The EPA is currently conducting a 

joint review of the existing secondary 

(welfare-based) NAAQS for oxides of 

nitrogen (NOX) and oxides of sulfur 

(SOX). Because NOX, SOX, and their 

associated transformation products are 

linked from an atmospheric chemistry 

perspective as well as from an 

environmental effects perspective, and 

because of the National Research 

Council’s 2004 recommendations to 

consider multiple pollutants in forming 

the scientific basis for the NAAQS, EPA 

has decided to jointly assess the science, 

risks, and policies relevant to protecting 

the public welfare associated with NOX

and SOX. This is the first time since 

NAAQS were established in 1971 that a 

joint review of these two pollutants has 

been conducted. Since both the CASAC 

and EPA have recognized these 

interactions historically, and the science 

related to these interactions has 

continued to evolve and grow to the 

present day, there is a strong basis for 

considering them together. 

As part of this review of the current 

secondary (welfare-based) NAAQS for 

NOX and SOX, EPA’s OAQPS staff are 

preparing a first draft Policy 

Assessment. The objective of this 

assessment is to evaluate the policy 

implications of the key scientific 

information contained in the document 

Integrated Science Assessment for 

Oxides of Nitrogen and SulfurEcological Criteria (http:// 

cfpub.epa.gov/ncea/cfm/ 

recordisplay.cfm?deid=201485), 

prepared by EPA’s National Center for 

Environmental Assessment (NCEA) and 

the results from the analyses contained 

in the Risk and Exposure Assessment 

for Review of the Secondary National 

Ambient Air Quality Standards for 

Oxides of Nitrogen and Oxides of Sulfur 

(http://www.epa.gov/ttn/naaqs/ 

standards/no2so2sec/cr_rea.html). The 

first draft Policy Assessment will be 

available online at: http://www.epa.gov/ 

ttn/naaqs/standards/no2so2sec/ 

index.html. This first draft Policy 

Assessment will be reviewed by the 

CASAC during a public meeting to be 

held April 1 and 2, 2010. Information 

about this public meeting will be 

available at http://yosemite.epa.gov/sab/ 

sabpeople.nsf/WebCommittees/CASAC. 

Dated: March 9, 2010. 

Mary E. Henigin, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2010–5576 Filed 3–11–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[AMS–FRL–9126–5] 

California State Motor Vehicle 

Pollution Control Standards; 

Amendments to the California Zero 

Emission Vehicle (ZEV) Regulation; 

Waiver Request; Opportunity for 

Public Hearing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of opportunity for public 

hearing and comment. 

SUMMARY: The California Air Resources 

Board (CARB) has notified EPA that it 

has adopted amendments to its 

regulations related to zero emission 

vehicles (ZEVs) in California. By letter 

dated September 17, 2009, CARB 

requested that EPA confirm that its 

amendments as they affect model years 

2008–2011 are within-the-scope of 

previous waivers of preemption issued 

by EPA. CARB also requests that EPA 

confirm that amendments as they affect 

the 2012 and subsequent model years 

are also within-the-scope of previous 

waivers of preemption issued by EPA; 

or, in the alternative, that EPA grant a 

new waiver of preemption for these 

future model years. This notice 

announces that EPA has tentatively 

scheduled a public hearing concerning 

California’s request and that EPA is 

accepting written comment on the 

request. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on April 13, 2010 at 10 a.m. EPA 

will hold a hearing only if any party 

notifies EPA by April 1, 2010, 

expressing its interest in presenting oral 

testimony. By April 6, 2010, any person 

who plans to attend the hearing may 

call David Dickinson at (202) 343–9256 

to learn if a hearing will be held or may 

check the following Web site for an 

update: http://www.epa.gov/otaq/ 

cafr.htm. 

Parties wishing to present oral 

testimony at the public hearing should 

also provide written notice to David 

Dickinson at the address noted below. If 

EPA receives a request for a public 

hearing, that hearing will be held at 

1310 L St, NW., Washington, DC 20005. 

If EPA does not receive a request for 

a public hearing, then EPA will not hold 

a hearing, and instead consider CARB’s 

request based on written submissions to 

the docket. Any party may submit 

written comments by May 17, 2010. 

ADDRESSES: EPA will make available for 

public inspection materials submitted 

by CARB, written comments received 

from interested parties, and any 

testimony given at the public hearing. 

Materials relevant to this proceeding are 

contained in the Air and Radiation 

Docket and Information Center, 

maintained in Docket No. EPA–HQ– 

OAR–2009–0780. The docket is located 

at The Air Docket, Room 3334, 1301 

Constitution Avenue, NW., Washington, 

DC 20460, and may be viewed between 

8 a.m. and 5:30 p.m., Monday through 

Friday. The telephone is (202) 566– 

1742. A reasonable fee may be charged 

by EPA for copying docket material. 

Additionally, an electronic version of 

the public docket is available through 

the Federal government’s electronic 

public docket and comment system. 

You may access EPA dockets at http:// 

www.regulations.gov. After opening the 

http://www.regulations.gov Web site, 

enter EPA–HQ–OAR–2009–0780 in 

‘‘Search Documents’’ to view documents 

in the record. Although a part of the 

official docket, the public docket does 

not include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

FOR FURTHER INFORMATION CONTACT: 

David Dickinson, Compliance and 

Innovative Strategies Division (6405J), 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Ave, NW., 

Washington, DC 20460. Telephone: 

(202) 343–9256, Fax: (202) 343–2804, email address: Dickinson.David@epa.gov. 

SUPPLEMENTARY INFORMATION: 

(A) Procedural History 

Within CARB’s 1990–1991 California 

Low Emission Vehicle (LEV I) 

rulemaking, CARB required that ten 

percent of the passenger cars and 

LDT1s 1 marketed by all but small 

volume manufacturers were required to 

be ZEVs starting in the 2003 model year. 

EPA granted California an initial waiver 

of preemption for California’s original 

1990 ZEV requirements in January 1993 

as part of the LEV I waiver.2 CARB 

amended its original ZEV requirements 

in 1996, and in January 2001, EPA 


srobinson on DSKHWCL6B1PROD with NOTICES