62024 Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Proposed Rules 

consideration, the Commission 

establishes a period for filing reply 

comments in this proceeding, which 

will run to and including November 12, 

2010. 

Any interested person may file a reply 

to initial comments made by other 

interested persons in this proceeding. 

Reply comments should not raise new 

arguments that are not directly 

responsive to arguments presented in 

initial comments, nor should a reply be 

repetitive of arguments that an 

interested person made in its initial 

comments. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–24976 Filed 10–6–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Parts 56 and 57 

RIN 1219–AB70 

Metal and Nonmetal Dams 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Extension of comment period. 

SUMMARY: The Mine Safety and Health 

Administration (MSHA) is extending 

the comment period for its Advance 

Notice of Proposed Rulemaking 

(ANPRM) published on August 13, 

2010. This extension gives commenters 

additional time to develop responses to 

questions the Agency asked in the 

ANPRM concerning the design, 

construction, operation, and 

maintenance of safe dams which can 

assure miners are protected from the 

hazards of dam failures. 

DATES: The comment period will close 

midnight, Eastern Standard Time, 

December 13, 2010. 

ADDRESSES: Comments must be clearly 

identified and may be submitted by any 

of the following methods: 

(1) Federal Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

(2) Electronic mail: zzMSHAComments@dol.gov. Include ‘‘RIN 1219– 

AB56’’ in the subject line of the message. 

(3) Telefax: (202) 693–9441. Include 

‘‘RIN 1219–AB56’’ in the subject. 

(4) Regular Mail: MSHA, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Blvd., Room 2350, 

Arlington, Virginia, 22209–3939. 

(5) Hand Delivery or Courier: MSHA, 

Office of Standards, Regulations, and 

Variances, 1100 Wilson Blvd., Room 

2350, Arlington, Virginia 22209–3939. 

Sign in at the receptionist’s desk on the 

21st floor. 

(6) Docket: Comments can be accessed 

electronically at http://www.msha.gov/ 

regsinfo.htm. MSHA will post all 

comments on the Internet without 

change, including any personal 

information provided. Comments may 

also be reviewed at the Office of 

Standards, Regulations, and Variances, 

1100 Wilson Blvd., Room 2350, 

Arlington, Virginia. Sign in at the 

receptionist’s desk on the 21st floor. 

MSHA maintains a list that enables 

subscribers to receive e-mail notification 

when the Agency publishes rulemaking 

documents in the Federal Register. To 

subscribe, go to http://www.msha.gov/ 

subscriptions/subscribe.aspx. 

FOR FURTHER INFORMATION CONTACT: 

Patricia W. Silvey, Director, Office of 

Standards, Regulations, and Variances, 

MSHA, 1100 Wilson Boulevard, Room 

2350, Arlington, Virginia 22209–3939. 

Ms. Silvey can be reached at 

Silvey.Patricia@dol.gov (Internet Email), (202) 693–9440 (voice), or (202) 

693–9441 (facsimile). This notice is 

available on the Internet at http://

www.msha.gov/REGSINFO.HTM. 

SUPPLEMENTARY INFORMATION: On August 

13, 2010, MSHA published an Advance 

Notice of Proposed Rulemaking (75 FR 

49429) asking interested parties to 

comment on measures to assure that 

metal and nonmetal mine operators 

design, construct, operate and maintain 

dams in a safe manner to protect miners 

against the hazards of a dam failure. 

In response to requests, MSHA is 

extending the comment period from 

October 12, 2010 to December 13, 2010. 

This allows commenters additional time 

to review the questions and submit 

responses. All comments and other 

appropriate data must be submitted by 

midnight, Eastern Standard Time, 

December 13, 2010. 

Dated: October 1, 2010. 

Joseph A. Main, 

Assistant Secretary for Mine Safety and 

Health. 

[FR Doc. 2010–25248 Filed 10–6–10; 8:45 am] 

BILLING CODE 4510–43–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0041–200902; FRL– 

9211–4] 

Approval and Promulgation of 

Implementation Plans; State of 

Mississippi: Prevention of Significant 

Deterioration Rules: Nitrogen Oxide as 

a Precursor to Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a portion of a revision to the Mississippi 

State Implementation Plan (SIP), 

submitted by the Mississippi 

Department of Environmental Quality 

(MDEQ), to EPA on November 28, 2007. 

The revision modifies Mississippi’s 

prevention of significant deterioration 

(PSD) permitting regulations in the SIP 

to address permit requirements 

promulgated in the 1997 8–Hour Ozone 

National Ambient Air Quality Standards 

(NAAQS) Implementation Rule-Phase II 

(hereafter referred to as the ‘‘Ozone 

Implementation New Source Review 

(NSR) Update’’). The Ozone 

Implementation NSR Update revised 

permit requirements relating to the 

implementation of the 1997 8-hour 

ozone NAAQS specifically 

incorporating nitrogen oxides (NOX) as 

a precursor to ozone. Specifically, this 

SIP revision incorporates by reference 

the Ozone Implementation NSR Update 

federal regulations into the Mississippi 

SIP through Air Pollution Control 

Section 5 (APC–S–5) ‘‘Regulations for 

the Prevention of Significant 

Deterioration of Air Quality.’’ EPA’s 

approval of Mississippi’s incorporation 

by reference of the Ozone 

Implementation NSR Update federal 

regulations, including provisions to 

recognize NOX as an ozone precursor, 

into the Mississippi SIP, is based on 

EPA’s determination that Mississippi’s 

revision related to these provisions 

complies with current Federal 

requirements and section 110 of the 

Clean Air Act (CAA). 

EPA is not taking action on two 

portions of Mississippi’s November 28, 

2007 submittal. The first is regarding 

Mississippi’s incorporation by reference 

of provisions promulgated by EPA on 

May 1, 2007, which exclude from the 

NSR major source permitting 

requirements ‘‘chemical process plants’’ 

that produce ethanol through a natural 

fermentation process (hereafter referred 

to as the ‘‘Ethanol Rule’’). See 72 FR 

24060. EPA may consider further action 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Proposed Rules 62025 

for the aforementioned provision in a 

future rulemaking. The second is 

Mississippi’s compliance with Section 

110(a)(2)(D)(i) of the CAA regarding 

interstate air pollution transport for the 

1997 8-hour ozone and fine particulate 

matter NAAQS as it pertains to the 

prevention of significant deterioration of 

air quality and visibility. EPA is also not 

addressing Mississippi’s submission 

regarding interstate transport in today’s 

action. 

DATES: Comments must be received on 

or before November 8, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2009–0041, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2009–0041, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2009– 

0041.’’ 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 

through http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. The 

http://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 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 

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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic 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 Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Mississippi 

SIP, contact Ms. Twunjala Bradley, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

Telephone number: (404) 562–9352; 

e-mail address: 

bradley.twunjala@epa.gov. For 

information regarding NSR/PSD, contact 

Ms. Yolanda Adams, Air Permits 

Section, at the same address above. 

Telephone number: (404) 562–9214; email address: adams.yolanda@epa.gov. 

For information regarding 8-hour ozone 

NAAQS, contact Ms. Jane Spann, 

Regulatory Development Section, at the 

same address above. Telephone number: 

(404) 562–9029; e-mail address: 

spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What action is EPA proposing today? 

II. What is the background for the action that 

EPA is proposing today? 

III. What is EPA’s analysis of Mississippi’s 

SIP revision? 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. What action is EPA proposing today? 

EPA is proposing to revise the 

Mississippi SIP to include the portion of 

Mississippi’s November 28, 2007, SIP 

revision which incorporates by 

reference the Ozone Implementation 

NSR Update into Mississippi’s Air 

Quality Regulations, APC–S–5 

‘‘Regulations for the Prevention of 

Significant Deterioration.’’ This revision 

is consistent with current Federal NSR 

requirements (40 CFR 52.21 and the 

Ozone Implementation NSR Update) 

relevant to NOX as an ozone precursor 

and section 110 of the CAA. The 

revision, which became state-effective 

on September 24, 2007, is incorporated 

by reference into Mississippi’s PSD 

program, and EPA has preliminarily 

determined that the incorporation by 

reference of NOX as an ozone precursor 

meets the requirements of the Ozone 

Implementation NSR Update. 

II. What is the background for the 

action that EPA is proposing today? 

On July 18, 1997, EPA promulgated a 

revised 8-hour ozone NAAQS of 0.08 

parts per million—also referred to as the 

1997 8-hour ozone NAAQS. On April 

30, 2004, EPA designated areas as 

attainment, nonattainment and 

unclassifiable for the 1997 8-hour ozone 

NAAQS. Related to the 2004 

designations, EPA also promulgated an 

implementation rule for the 1997 8-hour 

ozone NAAQS in two phases. Phase I of 

EPA’s 1997 8-hour ozone 

implementation rule (Phase I Rule), 

published on April 30, 2004, effective 

on June 15, 2004, addresses 

classifications for the 8-hour ozone 

NAAQS, revocation of the 1-hour ozone 

NAAQS, anti-backsliding principles, 

attainment dates and timing of 

emissions reductions needed for 

attainment. See 69 FR 23857. 

On November 29, 2005, EPA 

promulgated the second phase for the 

implementation provisions related to 

the 1997 8-hour ozone standards—also 

known as the Phase II Rule. See 70 FR 

71612. The Phase II Rule addresses the 

remaining control and planning 

requirements as they apply to areas 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
62026 Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Proposed Rules 

1These changes included amendments to major 

source thresholds for sources in certain classes of 

nonattainment areas, changes to offset ratios for 

marginal, moderate, serious, severe, and extreme 

ozone nonattainment areas, provisions addressing 

offset requirements for facilities that shut down or 

curtail operation, and a requirement stating that 

NOX emissions are ozone precursors. 

designated nonattainment for the 1997 

8-hour ozone NAAQS which include 

NSR requirements. Specific to this 

rulemaking, the Phase II Rule made 

changes to Federal regulations found at 

40 CFR 51.165, 51.166 and 52.21, which 

govern the nonattainment NSR and PSD 

permitting programs.1 Specifically, the 

Phase II Rule requirements include 

among other changes, a provision 

stating that NOX is an ozone precursor. 

70 FR 71612, (page 71679) (November 

29, 2005). In the Phase II Rule, EPA 

stated as follows: 

‘‘The EPA has recognized NOX as an ozone 

precursor in several national rules because of 

its contribution to ozone transport and the 

ozone nonattainment problem. The EPA’s 

recognition of NOX as an ozone precursor is 

supported by scientific studies, which have 

long recognized the role of NOX in ozone 

formation and transport. Such formation and 

transport is not limited to nonattainment 

areas. Therefore, we believe NOX should be 

treated consistently as an ozone precursor in 

both our PSD and nonattainment NSR 

regulations. For these reasons, we have 

promulgated final regulations providing that 

NOX is an ozone precursor in attainment 

areas.’’ 

In the Phase II Rule, EPA established 

that states must submit SIPs 

incorporating required changes 

(including the addition of NOX as a 

precursor for ozone) no later than June 

15, 2007. See 70 FR 71612 (page 71683). 

III. What is EPA’s analysis of 

Mississippi’s SIP revision? 

On November 28, 2007, the State of 

Mississippi, through MDEQ, submitted 

a revision to EPA for approval, which 

revised the PSD program. This revision 

incorporates by reference, EPA’s federal 

regulations specified in the Ozone 

Implementation NSR Update relating to 

NOX as an ozone precursor. Specifically, 

the revision is found in Mississippi’s 

Air Quality Regulations, APC–S–5 

‘‘Regulations for the Prevention of 

Significant Deterioration.’’ The submittal 

revised Mississippi’s PSD program to 

include NOX as a precursor to ozone for 

PSD permitting, consistent with changes 

to the Federal regulations set forth in 

the Ozone Implementation NSR Update. 

Mississippi’s November 28, 2007 SIP 

revision incorporates by reference the 

federal PSD regulations (at 40 CFR 

52.21) to include the Ozone 

Implementation NSR Update rules and 

additional subsequent revisions to the 

federal program made through July 15, 

2007. Currently, the State of Mississippi 

is in attainment for all the NAAQS and 

all major sources are subject to the PSD 

permitting program in the Mississippi 

SIP which incorporates by reference 40 

CFR 52.21. Today’s action only relates 

to the portion of Mississippi’s SIP 

revision which incorporates by 

reference the federal provisions related 

to NOX as an ozone precursor. 

The Mississippi NOX as an ozone 

precursor PSD language was 

incorporated by reference and is 

identical to the Federal PSD 

requirements. The SIP revision is 

consistent with the CAA because it adds 

NOX as a precursor to ozone and is 

consistent with federal requirements. 

Therefore, EPA has preliminarily 

determined that the Mississippi PSD 

provisions to include NOX as an ozone 

precursor are approvable. 

IV. Proposed Action 

Pursuant to section 110 of the CAA, 

EPA is proposing to approve the portion 

of Mississippi’s SIP revision submitted 

November 28, 2007, which incorporates 

by reference NOX as an ozone precursor 

for PSD purposes into the Mississippi 

SIP. EPA is proposing to approve these 

revisions because they are consistent 

with the CAA and its implementing 

regulations. 

V. 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 proposed 

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 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 Ozone. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 22, 2010. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–25309 Filed 10–6–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2010–0666–201031; FRL– 

9211–3] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Tennessee; Redesignation 

of the Knoxville 8-Hour Ozone 

Nonattainment Area to Attainment for 

Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On July 14, 2010, the State of 

Tennessee, through the Tennessee 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1