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[Federal Register: July 8, 2010 (Volume 75, Number 130)]
[Notices]               
[Page 39254-39256]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy10-86]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2009-0443; FRL-9173-7]

 
EPA Responses to State and Tribal 2008 Lead Designation 
Recommendations: Notice of Availability and Public Comment Period

AGENCY: Environmental Protection Agency (EPA).

[[Page 39255]]

ACTION: Notice of availability and public comment period.

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SUMMARY: Notice is hereby given that the EPA has posted its responses 
to state and tribal designation recommendations for the 2008 Lead (Pb) 
National Ambient Air Quality Standards (NAAQS) on the EPA Internet Web 
Site. EPA invites public comments on its responses during the comment 
period specified in the DATES section. EPA sent responses directly to 
the states and tribes on or about June 15, 2010, and plans to make 
final designation determinations for the 2008 Pb NAAQS by October 15, 
2010.

DATES: Comments must be received on or before August 16, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0443, by one of the following methods:
    http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov. Attention Docket ID No. 
EPA-HQ-OAR-2009-0443.
     Fax: 202-566-9744. Attention Docket ID No. EPA-HQ-OAR-
2009-0443.
     Mail: Air Docket, Attention Docket ID No. EPA-HQ-OAR-2009-
0443, Environmental Protection Agency, Mail Code: 6102T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, 1301 Constitution 
Avenue, 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-
2009-0443. 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 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 
regulations.gov or e-mail. The http://www.regulations.gov Web Site is 
``anonymous access'' systems, 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 is unable to read your comment and 
contact you for clarification due to technical difficulties, 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 information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting 
comments, go to Section II 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, 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 at the EPA Docket Center, EPA West, 
Room 3334, 1301 Constitution Avenue, 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, and the telephone number for the Air 
Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this 
action, please contact Rhonda Wright, U.S. EPA, Office of Air Quality 
Planning and Standards, Air Quality Planning Division, C504-01, 
Research Triangle Park, NC 27711, telephone (919) 541-1087, e-mail at 
wright.rhonda@epa.gov. For questions regarding EPA Region 1, please 
contact Robert McConnell, U.S. EPA, telephone (617) 918-1046, e-mail at 
mcconnell.robert@epa.gov. For questions regarding EPA Region 2, please 
contact Mazeeda Khan, U.S. EPA, telephone (212) 637-3715, e-mail at 
khan.mazeeda@epa.gov. For questions regarding EPA Region 3, please 
contact Melissa Linden, U.S. EPA, telephone (215) 814-2096, e-mail at 
linden.melissa@epa.gov. For questions regarding EPA Region 4, please 
contact Lynorae Benjamin, U.S. EPA, telephone (404) 562-9040, e-mail at 
benjamin.lynorae@epa.gov. For questions regarding EPA Region 5, please 
contact Andy Chang, U.S. EPA, telephone (312) 886-0258, e-mail at 
chang.andy@epa.gov. For questions regarding EPA Region 6, please 
contact Emad Shahin, U.S. EPA, telephone (214) 665-6717, e-mail at 
shahin.emad@epa.gov. For questions regarding EPA Region 7, please 
contact Stephanie Doolan, U.S. EPA, telephone (913) 551-7719, e-mail at 
doolan.stephanie@epa.gov. For questions regarding EPA Region 8, please 
contact Kevin Leone, U.S. EPA, telephone (303) 312-6227, e-mail at 
leone.kevin@epa.gov. For questions regarding EPA Region 9, please 
contact Ginger Vagenas, U.S. EPA, telephone (415) 972-3964, e-mail at 
vagenas.ginger@epa.gov. For questions regarding EPA Region 10, please 
contact Steve Body, U.S. EPA, telephone (206) 553-0782, e-mail at 
body.steve@epa.gov.

SUPPLEMENTARY INFORMATION:

I. 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 
http://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. Send or deliver information 
identified as CBI only to the following address: Roberto Morales, U.S. 
EPA, Office of Air Quality Planning and Standards, Mail Code C404-02, 
Research Triangle Park, NC 27711, telephone (919) 541-0880, e-mail at 
morales.roberto@epa.gov, Attention Docket ID No. EPA-HQ-OAR-2009-0443.
    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

[[Page 39256]]

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.

II. Background

    The process for designating areas following promulgation of a new 
or revised NAAQS is contained in Clean Air Act (CAA) Section 107(d) (42 
U.S.C. 7407). Following the promulgation of a new or revised standard, 
each Governor or Tribal Leader has an opportunity to recommend air 
quality designations, including the appropriate boundaries for 
nonattainment areas, to EPA. EPA considers these recommendations as 
part of its duty to promulgate the formal area designations and 
boundaries for the new or revised standards. By no later than 120 days 
prior to promulgating designations, EPA is required to notify states or 
tribes of any intended modification to an area designation or boundary 
recommendation that EPA deems necessary. On or about June 15, 2010, EPA 
notified states and tribes of its intended area designations for the 
2008 Pb NAAQS. (Go to Section III of this notice for information 
relating to accessing EPA's designation recommendations.) States and 
tribes now have an opportunity to demonstrate why they believe a 
modification proposed by EPA may be inappropriate. In these responses, 
EPA has encouraged states and tribes to provide comments and additional 
information for consideration by EPA in finalizing designations. EPA 
plans to make final designation determinations for the 2008 Pb NAAQS by 
October 15, 2010.
    The purpose of this notice is to solicit public comments from 
interested parties other than states and tribes on EPA's recent 
responses to the state and tribal designation recommendations for the 
2008 Pb NAAQS. CAA Section 107(d) provides a process for designations 
that involves recommendations by states and tribes to EPA and responses 
from EPA to those parties, prior to EPA promulgating final designations 
and boundaries. EPA is not required under CAA Section 107(d) to seek 
public comment during the designation process, but is electing to do so 
for the 2008 Pb NAAQS in order to gather additional information for EPA 
to consider before making final designations. EPA invites public 
comment on its responses to states and tribes during the 30-day comment 
period provided in this notice. Due to the statutory timeframe for 
promulgating designations set out in CAA Section 107(d), EPA will not 
be able to consider any comments submitted after August 16, 2010, 
notwithstanding what may have appeared in any state-specific 
announcements. This notice and opportunity for public comment does not 
affect any rights or obligations of any state, tribe or the EPA which 
might otherwise exist pursuant to CAA Section 107(d).\1\
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    \1\ States have their own public comment period before sending 
EPA their recommendations; therefore, states may ask for comment on 
their designation recommendation before sending it to EPA.
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    Please refer to the ADDRESSES section above in this document for 
specific instructions on submitting comments and locating relevant 
public documents.
    In providing comments to EPA please consider the agency's charge 
under CAA section 107(d). Under this section, EPA is obligated to 
identify every area as attainment, nonattainment, or unclassifiable. 
Further, in establishing nonattainment area boundaries, the agency is 
required to identify the area that does not meet the 2008 Pb standard 
and any nearby area that is contributing to the area that does not meet 
that standard. We are particularly interested in receiving comments, 
supported by relevant information, if you believe that a specific 
geographic area that EPA is proposing to identify as a nonattainment 
area should not be categorized by the section 107(d) criteria as 
nonattainment, or if you believe that a specific area not proposed by 
EPA to be identified as a nonattainment area should in fact be 
categorized as nonattainment using the section 107(d) criteria. Please 
be as specific a possible in supporting your views.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

III. Internet Web Site for EPA's State and Tribal Designations 
Recommendations and Rulemaking Information

    The EPA has also established a Web Site for this rulemaking at 
http://www.epa.gov/leaddesignations. The Web Site includes EPA's state 
and tribal designation recommendations, information supporting EPA's 
preliminary designation decisions, as well as the rulemaking actions 
and other related information that the public may find useful.

    Dated: June 30, 2010.
Jennifer Noonan Edmonds,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2010-16700 Filed 7-7-10; 8:45 am]
BILLING CODE 6560-50-P
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