23768 Federal Register / Vol. 76, No. 82 / Thursday, April 28, 2011 / Proposed Rules 

Element IL IN OH MI MN WI 

E: Adequate resources ........................................................................................................... A A A A A A 

F: Stationary source monitoring system ................................................................................. A A A A A A 

G: Emergency power .............................................................................................................. A A A A A A 

H: Future SIP revisions ........................................................................................................... A A A A A A 

I: Nonattainment area plan or plan revisions under part D .................................................... NA NA NA NA NA NA 

J1: Consultation with government officials ............................................................................. A A A A A A 

J2: Public notification .............................................................................................................. A A A A A A 

J3: PSD ................................................................................................................................... **   **  ** ** 

J4: Visibility protection (Regional Haze) ................................................................................. NA NA NA NA NA NA 

K: Air quality modeling and data ............................................................................................. A A A A A A 

L: Permitting fees .................................................................................................................... A A A A A A 

M: Consultation and participation by affected local entities ................................................... A A A A A A 

In the above table, the key is as 

follows: 

A ........ Approve. 

CA ..... Conditionally Approve. 

NA ..... No Action/Separate Rulemaking. 

* ......... Federally promulgated rules in 

place. 

** ........ Previously discussed in element (C). 

VI. 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, Intergovernmental 

relations, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements. 

Dated: April 19, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2011–10331 Filed 4–27–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 63 

[EPA–HQ–OAR–2009–0234; EPA–HQ–OAR– 

2011–0044, FRL–9300–1] 

RIN 2060–AP52 

National Emission Standards for 

Hazardous Air Pollutants From Coaland Oil-Fired Electric Utility Steam 

Generating Units and Standards of 

Performance for Fossil-Fuel-Fired 

Electric Utility, Industrial-CommercialInstitutional, and Small IndustrialCommercial-Institutional Steam 

Generating Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; Notice of public 

hearings. 

SUMMARY: EPA published in the Federal 

Register on May 3, 2011, the proposed 

rule ‘‘National Emission Standards for 

Hazardous Air Pollutants from Coaland Oil-fired Electric Utility Steam 

Generating Units and Standards of 

Performance for Fossil-Fuel-Fired 

Electric Utility, Industrial-CommercialInstitutional, and Small IndustrialCommercial-Institutional Steam 

Generating Units.’’ EPA is announcing 

three public hearings to be held for the 

proposed rule. 

DATES: The public hearings will be held 

on May 24, 2011, and May 26, 2011. 

ADDRESSES: Public hearings will be held 

on May 24, 2011, in Chicago, IL, and 

Philadelphia, PA. The Chicago, IL, 

hearing will be held at the Crowne Plaza 

Chicago Metro in Ballroom D located at 

733 West Madison Street, Chicago, IL 

60611; Telephone: (312) 829–5000. The 

Philadelphia, PA, hearing will be held 

at the Westin Philadelphia in the 

Georgian Room located at 99 South 17th 

Street at Liberty Place, Philadelphia, PA 

19103; Telephone: (888) 627–8153. The 

May 26, 2011, hearing will be held in 

the EPA Region IV offices at the Sam 

Nunn Atlanta Federal Center (AFC) 

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Federal Register / Vol. 76, No. 82 / Thursday, April 28, 2011 / Proposed Rules 23769 

Conference Rooms C and D, 61 Forsyth 

Street SW., Atlanta, GA 30303–8960; 

telephone (800) 241–1754. For the 

Atlanta, GA, hearing, visitors must go 

through the metal detector, sign in with 

the security desk, be accompanied by an 

employee, and will need to show photo 

identification to enter the building. 

The three public hearings will 

convene at 9 a.m. and continue until 8 

p.m. (local time). EPA will make every 

effort to accommodate all speakers that 

arrive and register before 8 p.m. A lunch 

break is scheduled from 12:30 p.m. until 

2 p.m. and a dinner break is scheduled 

from 5 p.m. until 6:30 p.m. during the 

hearings. The EPA Web Site for the 

rulemaking, which includes the 

proposal and information about the 

public hearings, can be found at: 

http://www.epa.gov/airquality/ 

powerplanttoxics/actions.html. 

FOR FURTHER INFORMATION CONTACT: If 

you would like to present oral testimony 

at the public hearing, please contact Ms. 

Pamela Garrett, U.S. Environmental 

Protection Agency, Office of Air Quality 

Planning and Standards, Air Quality 

Planning Division, (D243–01), Research 

Triangle Park, NC 27711, telephone 

(919) 541–7966, fax number (919) 541– 

5450, e-mail address: 

garrett.pamela@epa.gov (preferred 

method for registering), no later than 

2 business days prior to each public 

hearing. The last day to register will be 

close-of-business Thursday, May 19, 

2011, for the Chicago, IL, and 

Philadelphia, PA, hearings, and 

Monday, May 23, 2011, for the Atlanta, 

GA, hearing. If using e-mail, please 

provide the following information: Time 

you wish to speak (morning, afternoon, 

evening), name, affiliation, address, email address, and telephone and fax 

numbers. 

Questions concerning the May 3, 

2011, proposed rule should be 

addressed to Mr. William Maxwell, U.S. 

EPA, Office of Air Quality Planning and 

Standards, Energy Strategies Group, 

(D243–01), Research Triangle Park, N.C. 

27711, telephone number (919) 541– 

5430, e-mail at maxwell.bill@epa.gov for 

the NESHAP and Mr. Christian Fellner, 

U.S. EPA, Office of Air Quality Planning 

and Standards, Energy Strategies Group, 

(D243–01), Research Triangle Park, N.C. 

27711, telephone number (919) 541– 

4003, e-mail at fellner.christian@epa.gov 

for the NSPS. 

Public hearing: The proposal for 

which EPA is holding the public 

hearings was published in the Federal 

Register on May 3, 2011 and is available 

at: http://www.epa.gov/airquality/ 

powerplanttoxics/actions.html or http:// 

www.epa.gov/ttn/atw/utility/ 

utilitypg.html and also in the docket 

identified below. The public hearings 

will provide interested parties the 

opportunity to present oral comments 

regarding EPA’s proposed NESHAP 

standards, including data, views, or 

arguments concerning the proposal. The 

EPA may ask clarifying questions during 

the oral presentations, but will not 

respond to the presentations at that 

time. Written statements and supporting 

information submitted during the 

comment period will be considered 

with the same weight as any oral 

comments and supporting information 

presented at the public hearing. 

Commenters should notify Ms. Garrett 

if they will need specific equipment, or 

if there are other special needs related 

to providing comments at the hearings. 

EPA will provide equipment for 

commenters to show overhead slides or 

make computerized slide presentations 

if we receive special requests in 

advance. Oral testimony will be limited 

to 5 minutes for each commenter. EPA 

encourages commenters to provide EPA 

with a copy of their oral testimony 

electronically (via e-mail or CD) or in 

hard copy form. 

The hearing schedules, including lists 

of speakers, will be posted on EPA’s 

Web Sites http://www.epa.gov/ 

airquality/powerplanttoxics/ 

actions.html or http://www.epa.gov/ttn/ 

atw/utility/utilitypg.html. Verbatim 

transcripts of the hearings and written 

statements will be included in the 

docket for the rulemaking. 

EPA will make every effort to follow 

the schedule as closely as possible on 

the day of the hearings; however, please 

plan for the hearing to run either ahead 

of schedule or behind schedule. 

How can I get copies of this document 

and other related information? 

The EPA has established a docket for 

the proposed rule ‘‘National Emission 

Standards for Hazardous Air Pollutants 

from Coal- and Oil-fired Electric Utility 

Steam Generating Units and Standards 

of Performance for Fossil-Fuel-Fired 

Electric Utility, Industrial-CommercialInstitutional, and Small IndustrialCommercial-Institutional Steam 

Generating Units’’ under No. EPA–HQ– 

OAR–2011–0044 (NSPS action) or 

Docket ID No. EPA–HQ–OAR–2009– 

0234 (NESHAP action) (available at 

http://www.regulations.gov). 

List of Subjects in 40 CFR Parts 60 and 

63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: April 25, 2011. 

Mary Henigin, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2011–10283 Filed 4–27–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2008–0321; FRL–9300–3] 

RIN 2060–AP92 

Protection of Stratospheric Ozone: The 

2011 Critical Use Exemption From the 

Phaseout of Methyl Bromide 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing uses that 

qualify for the 2011 critical use 

exemption and the amount of methyl 

bromide that may be produced, 

imported, or supplied from existing prephaseout inventory for those uses in 

2011. EPA is taking action under the 

authority of the Clean Air Act to reflect 

a recent consensus decision taken by the 

Parties to the Montreal Protocol on 

Substances that Deplete the Ozone 

Layer at the Twenty-First Meeting of the 

Parties. EPA is seeking comment on the 

list of critical uses and on EPA’s 

determination of the amounts of methyl 

bromide needed to satisfy those uses. 

DATES: Comments must be submitted by 

May 31, 2011. Any party requesting a 

public hearing must notify the contact 

person listed below by 5 p.m. Eastern 

Standard Time on May 3, 2011. If a 

hearing is requested it will be held on 

May 13, 2011 and comments will be due 

to the Agency June 13, 2011. EPA will 

post information regarding a hearing, if 

one is requested, on the Ozone 

Protection Web site http://www.epa.gov/ 

ozone/strathome.html. Persons 

interested in attending a public hearing 

should consult with the contact person 

below regarding the location and time of 

the hearing. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0321, 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. 

• Fax: 202–566–1741. 

• Mail: Docket EPA–HQ–OAR–2008– 

0321, Air and Radiation Docket and 

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