Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations 27643 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 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: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–0333 to read as 

follows: 

§ 165.T09–0333 Safety zone; Marathon Oil 

Refinery Construction, Rouge River, Detroit, 

MI 

(a) Location. The following area is a 

temporary safety zone: all U.S. waters of 

the Rouge River, Detroit, MI, bound by 

a line starting from a point on land on 

the south shore of the Rouge River at 

position 42°17.8′ N; 083° 9.1′ W, 

continuing southeast to a point on land 

at position 42°17.7′ N; 083° 9.0′ W, 

across to the north side of the river to 

a point on land at position 42°17.8′ N; 

083°8.9′ W, along the shore northwest to 

a point on land at position 42°17.8′ N; 

083°9.0′ W, continuing back southwest 

to the point of origin. All geographic 

coordinates are North American Datum 

of 1983 (NAD 83). This safety zone 

effectively covers all of the Rouge River 

from the Dix Ave. bridge to the north 

end of Fordson Island. 

(b) Effective Period. This regulation is 

effective from 7 a.m. on May 1, 2010 to 

7 p.m. on November 30, 2010. This rule 

will be enforced from 7 a.m. to 7 p.m. 

daily, on multiple dates to be 

determined during the effective period. 

The public will be notified of the 

specific enforcement dates as soon as 

practicable through the publication of a 

Notice of Enforcement and by Broadcast 

Notice to Mariners. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Detroit, or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Detroit 

or his on-scene representative to obtain 

permission to do so. 

(5) Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the Captain of the Port or his 

on-scene representative. 

Dated: April 30, 2010. 

E.J. Marohn, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Detroit. 

[FR Doc. 2010–11781 Filed 5–17–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2003–0064; FRL–9150–5] 

RIN 2060–AP80 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Aggregation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Delay of effective date. 

SUMMARY: EPA is delaying the effective 

date of the final rule titled ‘‘Prevention 

of Significant Deterioration (PSD) and 

Nonattainment New Source Review 

(NSR): Aggregation’’ under the authority 

of the Administrative Procedure Act 

(APA) section 705 until the proceeding 

for judicial review of this rule is 

completed or EPA completes the 

reconsideration of the rule. This final 

rule for ‘‘aggregation,’’ which EPA 

published in the Federal Register on 

January 15, 2009, is subject to a petition 

for review and has not become effective. 

DATES: The effective date of FR Doc. E9– 

815, published in the Federal Register 

on January 15, 2009 (74 FR 2376), and 

delayed on February 13, 2009 (74 FR 

7284) and May 14, 2009 (74 FR 22693), 

which was May 18, 2010, is further 

delayed until such time as the 

proceeding for judicial review of this 

document is completed. The EPA will 

publish a document in the Federal 

Register announcing the effective date 

once the delay is no longer necessary. 

ADDRESSES: Docket: The final rule, the 

petition for reconsideration, and all 

other documents in the record for the 

rulemaking are in Docket ID. No. EPA– 

HQ–OAR–2003–0064. 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., Confidential 

Business Information 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 Air and Radiation Docket and 

Information Center, EPA/DC, EPA West 

Building, 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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David J. Svendsgaard, Air Quality Policy 

Division, Office of Air Quality Planning 

and Standards (C504–03), U.S. 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone (919) 541–2380, fax number 

(919) 541–5509, e-mail address: 

svendsgaard.dave@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 15, 2009, the EPA (‘‘we’’) 

issued a final rule amending the PSD 

and nonattainment NSR regulations that 

implement the definition of 

‘‘modification’’ in Clean Air Act section 

111(a)(4). The amendments addressed 

when a source must combine 

(‘‘aggregate’’) nominally-separate 

physical changes and changes in the 

method of operation for the purpose of 

determining whether they are a single 

change under NSR and result in a 

significant emissions increase. The 

amendments retained the existing rule 

language for aggregation but interpreted 

that rule text to mean that sources and 

permitting authorities should combine 

emissions when activities are 

‘‘substantially related.’’ It also adopted a 

rebuttable presumption that activities at 

a plant can be presumed not to be 

substantially related if they occur 3 or 

more years apart. Collectively, this 

rulemaking is known as the ‘‘NSR 

Aggregation Amendments.’’ For further 

information on the NSR Aggregation 

Amendments, see 74 FR 2376 (January 

15, 2009). 

The NSR Aggregation Amendments 

have had their effectiveness delayed by 

two actions published in the Federal 

Register. See 74 FR 7284 (February 13, 

2009) and 74 FR 22693 (May 14, 2009). 


hsrobinson on DSK69SOYB1PROD with RULES
27644 Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations 

1 John Walke, Natural Resources Defense Council, 

EPA–HQ–OAR–2003–0064–0116.1. 

2NRDC v. EPA, No. 09–1103 (DC Cir.). 

The latter action established an effective 

date of May 18, 2010. On the same day 

as the first action delaying the 

effectiveness of the NSR Aggregation 

Amendments, the EPA convened a 

proceeding for reconsideration in 

response to a petition from the Natural 

Resources Defense Council (NRDC).1See 

74 FR 7193 (February 13, 2009). In 

addition to filing a petition for 

reconsideration with EPA, NRDC also 

filed a petition for review of the NSR 

Aggregation Amendments in Federal 

Court.2

On April 15, 2010, we published in 

the Federal Register a notice soliciting 

comments on the NRDC petition for 

reconsideration (75 FR 19567). In that 

notice, we solicited comment on 

revoking the NSR Aggregation 

Amendments and reverting to our 

policies on aggregation as they existed 

prior to the Amendments. We requested 

comment on whether the NSR 

Aggregation Amendments are 

inconsistent with the statute and key 

legal precedent, do not properly resolve 

the relevant policy issues, raise 

implementation concerns, and 

otherwise do not sufficiently clarify our 

aggregation policy to justify abandoning 

our prior policy. Additionally, we 

proposed to further delay the effective 

date for the NSR Aggregation 

Amendments beyond May 18, 2010. 

Under section 705 of the APA, ‘‘an 

agency * * * may postpone the 

effective date of [an] action taken by it 

pending judicial review.’’ The provision 

requires that the agency find that justice 

requires postponing the action, that the 

action not have gone into effect, and 

that litigation be pending. As described 

above, the latter two requirements 

plainly are met. We find that justice 

requires postponing the effectiveness of 

the NSR Aggregation Amendments 

because allowing the rule to become 

effective when the Agency has 

expressed serious concerns about its 

viability and policy soundness would 

lead to confusion in the regulated 

community and the public as well as 

create difficulties for implementing 

agencies administering the program. 

We also note that the comment period 

for the April 15, 2010 notice ends on 

May 17, 2010. We would not be able to 

review and respond to comments on 

that notice before the NSR Aggregation 

Amendments would become effective 

on May 18, 2010. The failure to 

complete the reconsideration or the 

proposed delay in the effective date 

would result in the confusion and 

difficulties noted above. Therefore, we 

find that justice requires postponing the 

effectiveness of the NSR Aggregation 

Amendments in order to allow for 

proper evaluation of the comments on 

the April 15, 2010 notice. 

II. Issuance of a Stay and Delay of 

Effective Date 

Pursuant to section 705 of the APA, 

the EPA hereby postpones the 

effectiveness of the NSR Aggregation 

Amendments until resolution of the 

proceeding for judicial review of this 

rule or the completion of the 

reconsideration process. By this action, 

we are delaying the effective date of FR 

Doc. E9–815, published in the Federal 

Register on January 15, 2009 (74 FR 

2376). This delay of effectiveness will 

remain in place until judicial review is 

no longer pending or EPA completes the 

reconsideration process. 

List of Subjects 

40 CFR Part 51 

Environmental protection, 

Administrative practice and procedure, 

Aggregation, Air pollution control, 

Baseline emissions, Intergovernmental 

relations, Major modifications, 

Reporting and recordkeeping 

requirements. 

40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Aggregation, Air pollution control, 

Baseline emissions, Intergovernmental 

relations, Major modifications, 

Reporting and recordkeeping 

requirements. 

Dated: May 6, 2010. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2010–11299 Filed 5–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0148; FRL–9151–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revisions to the Discrete Emission 

Credit Banking and Trading Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving severable 

portions of two revisions to the Texas 

State Implementation Plan (SIP) 

submitted by the State of Texas on 

October 24, 2006, and August 16, 2007. 

These revisions amend existing sections 

and create a new section in Title 30 of 

the Texas Administrative Code (TAC), 

Chapter 101—General Air Quality 

Rules, Subchapter H—Emissions 

Banking and Trading, Division 4— 

Discrete Emission Credit Banking and 

Trading, referred to elsewhere in this 

notice as the Discrete Emission 

Reduction Credit (DERC) Program. The 

October 24, 2006, submittal creates a 

new section for international emission 

reduction provisions and amends 

existing sections to prohibit the 

generation and use of DERCs from 

shutdown activities and further clarify 

procedures for using emission protocols. 

The August 16, 2007, submittal amends 

two sections of the DERC program to 

update cross-references to recently 

recodified 30 TAC Chapter 117 

provisions. Additionally, EPA finds that 

the Texas Commission on 

Environmental Quality (TCEQ) has 

satisfied all elements of our September 

6, 2006, final conditional approval of 

the DERC program with the submittal of 

the October 24, 2006, SIP submittal; and 

as such, the DERC program conditional 

approval is converted to a full approval. 

EPA has determined that these SIP 

revisions comply with the Clean Air Act 

and EPA regulations, are consistent with 

EPA policies, and will improve air 

quality. This action is being taken under 

section 110 and parts C and D of the 

Federal Clean Air Act (the Act or CAA). 

DATES: This final rule will be effective 

June 17, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2010–0148. 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 Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 


hsrobinson on DSK69SOYB1PROD with RULES