27512 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 

implement, maintain, and enforce the 

1997 8-hour ozone and PM2.5 NAAQS 

and the 2006 PM2.5 NAAQS. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. 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 proposes to approve 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, 

pertaining to West Virginia’s section 

110(a)(2) infrastructure requirements for 

the 1997 8-hour ozone and PM2.5

NAAQS, and the 2006 PM2.5 NAAQS 

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, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: May 5, 2010. 

W.C. Early, 

Acting Regional Administrator, Region II. 

[FR Doc. 2010–11677 Filed 5–14–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0139; FRL–9151–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Section 110(a)(2) 

Infrastructure Requirements for the 

1997 8-Hour Ozone and the 1997 and 

2006 Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

submittals from the District of Columbia 

(the District) pursuant to the Clean Air 

Act (CAA) sections 110(k)(2) and (3). 

These submittals address the 

infrastructure elements specified in the 

CAA section 110(a)(2), necessary to 

implement, maintain, and enforce the 

1997 8-hour ozone and fine particulate 

matter (PM2.5) national ambient air 

quality standards (NAAQS) and the 

2006 PM2.5 NAAQS. This proposed 

action is limited to the following 

infrastructure elements which were 

subject to EPA’s completeness findings 

pursuant to CAA section 110(k)(1) for 

the 1997 8-hour ozone NAAQS dated 

March 27, 2008, and the 1997 PM2.5

NAAQS dated October 22, 2008: 

110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M). 

DATES: Written comments must be 

received on or before June 16, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0139 by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: fernandez.cristina@epa.gov. 

• Mail: EPA–R03–OAR–2010–0139, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

• Hand Delivery: At the previouslylisted EPA Region III address. 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–R03–OAR–2010– 

0139. 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 http:// 

www.regulations.gov or e-mail. 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. 

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. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 27513 

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 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the District of Columbia 

Department of the Environment, Air 

Quality Division, 51 N Street, NE., 

Washington, District of Columbia 20002. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 18, 1997, EPA promulgated a 

revised 8-hour ozone NAAQS (62 FR 

38856) and a new PM2.5 NAAQS (62 FR 

38652). The revised ozone NAAQS is 

based on 8-hour average concentrations. 

The 8-hour averaging period replaced 

the previous 1-hour averaging period, 

and the level of the NAAQS was 

changed from 0.12 parts per million 

(ppm) to 0.08 ppm. The new PM2.5

NAAQS established a health-based 

standard of 15.0 micrograms per cubic 

meter (μg/m3) based on a 3-year average 

of annual mean PM2.5 concentrations, 

and a 24-hour standard of 65 μg/m3

based on a 3-year average of the 98th 

percentile of 24-hour concentrations. 

EPA strengthened the 24-hour PM2.5

NAAQS from 65 μg/m3 to 35 μg/m3 on 

October 17, 2006 (71 FR 61144). 

Section 110(a) of the CAA requires 

States to submit State Implementation 

Plans (SIPs) that provide for the 

implementation, maintenance, and 

enforcement of new or revised NAAQS 

within three years following the 

promulgation of such NAAQS. In March 

of 2004, Earthjustice initiated a lawsuit 

against EPA for failure to take action 

against States that had not made SIP 

submissions to meet the requirements of 

sections 110(a)(1) and (2) for the 1997 8- 

hour ozone and PM2.5 NAAQS, i.e., 

failure to make a ‘‘finding of failure to 

submit the required SIP 110(a) SIP 

elements.’’ On March 10, 2005, EPA 

entered into a Consent Decree with 

Earthjustice that obligated EPA to make 

official findings, in accordance with 

section 110(k)(1) of the CAA as to 

whether States have made complete SIP 

submissions, pursuant to sections 

110(a)(1) and (2), by December 15, 2007 

for the 1997 

8-hour ozone NAAQS, and by October 

5, 2008 for the 1997 PM2.5 NAAQS. EPA 

made completeness findings for the 

1997 8-hour ozone NAAQS on March 

27, 2008 (73 FR 16205) and on October 

22, 2008 (73 FR 62902) for the 1997 

PM2.5 NAAQS. These completeness 

findings did not include findings 

relating to: (1) Section 110(a)(2)(C) to 

the extent that such subsection refers to 

a permit program as required by Part D 

Title I of the CAA; (2) section 

110(a)(2)(I); and (3) section 

110(a)(2)(D)(i), which has been 

addressed by a separate finding issued 

by EPA on April 25, 2005 (70 FR 21147). 

Therefore, this action does not cover 

these specific elements. 

II. Summary of State Submittal 

The District provided multiple 

submittals to satisfy section 110(a)(2) 

requirements, that are the subject of this 

proposed rule for the 1997 8-hour ozone 

NAAQS and the 1997 and 2006 PM2.5

NAAQS. The submittals dated 

December 6, 2007 and January 11, 2008 

addressed the 110(a)(2) requirements for 

the 1997 8-hour ozone NAAQS; the 

submittals dated August 25, 2008 and 

September 22, 2008 addressed the 

110(a)(2) requirements for the 1997 

PM2.5 NAAQS; and the submittal dated 

September 21, 2009 addressed the 

section 110(a)(2) requirements for the 

2006 PM2.5 NAAQS. These submittals 

addressed the following infrastructure 

elements, that are the subject of this 

proposed rule: 110(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), and 

(M). 

EPA has analyzed the above identified 

submissions and is proposing to make a 

determination that such submittals meet 

the requirements of 110(a)(2)(A), (B), 

(C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), 

and (M). A detailed summary of EPA’s 

review of and rationale for approving 

the District’s submittals may be found in 

the Technical Support Document (TSD) 

for this action which is available on line 

at http://www.regulations.gov, Docket 

number EPA–R03–OAR–2010–0139. 

III. Proposed Action 

EPA is proposing to approve the 

District of Columbia’s submittals that 

provide the basic program elements 

specified in the CAA sections 

110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M) necessary to 

implement, maintain, and enforce the 

1997 8-hour ozone and PM2.5 NAAQS 

and the 2006 PM2.5 NAAQS. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. 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 proposes to approve 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, 

pertaining to the District of Columbia’s 

section 110(a)(2) infrastructure 

requirements for the 1997 8-hour ozone 

and PM2.5 NAAQS and the 2006 PM2.5

NAAQS, does not have Tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

27514 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 

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, Nitrogen dioxide, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

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

Dated: May 5, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2010–11679 Filed 5–14–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R06–OAR–2008–0932; FRL–9151–7] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Texas; Beaumont/Port 

Arthur Ozone Nonattainment Area: 

Redesignation to Attainment for the 

1997 8-Hour Ozone Standard and 

Determination of Attainment for the 1- 

Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a request from the State of Texas to 

redesignate the Beaumont-Port Arthur 

(BPA) Texas ozone nonattainment area 

to attainment of the 1997 8-hour ozone 

standard. In proposing to approve this 

request, EPA also proposes to approve 

as a revision to the BPA State 

Implementation Plan (SIP), a 1997 8- 

hour ozone maintenance plan with a 

2021 Motor Vehicle Emissions Budget 

(MVEB). EPA is proposing to determine 

that the BPA nonattainment area has 

attained the 1997 8-hour ozone National 

Ambient Air Quality Standard 

(NAAQS), based on complete, qualityassured, and certified ambient air 

quality monitoring data for the 2005– 

2007 and 2006–2008 monitoring 

periods, as well as data from 2009 that 

are in EPA’s Air Quality System (AQS) 

database but not yet certified, that 

demonstrate that the area has attained 

and is continuing to attain the 1997 8- 

hour ozone NAAQS. EPA also is 

proposing to make a determination that 

the BPA area is meeting the 1-hour 

ozone standard based upon three years 

of complete, quality-assured, and 

certified ambient air quality monitoring 

data for the 2005–2007 and 2006–2008 

monitoring periods, as well as data from 

2009 in AQS but not yet certified. 

EPA is proposing to approve the BPA 

area’s 2002 base year emissions 

inventory as part of the BPA SIP and to 

conclude that if this action is finalized, 

the area is meeting all of its applicable 

marginal area requirements for purposes 

of redesignation for the 1997 8-hour 

ozone NAAQS. EPA also is proposing to 

approve as part of the BPA SIP, the 

Texas Clean-Fuel Vehicle (CFV) 

Program Equivalency Demonstration. 

EPA is proposing to find that if these 

proposed approvals are finalized, the 

area will have a fully approved SIP that 

meets all of its applicable 1997 8-hour 

requirements and 1-hour antibacksliding requirements under section 

110 and Part D of the federal Clean Air 

Act (CAA or Act) for purposes of 

redesignation. 

Additionally, EPA is proposing to 

approve the post-1996 Rate of Progress 

(ROP) plan’s contingency measures, the 

substitute control measures for the 

failure-to-attain contingency measures, 

and the removal from the Texas SIP of 

the 1-hour ozone failure-to-attain 

contingency measure, a VOC SIP rule 

for marine vessel loading, as meeting 

the requirements of section 110(l) and 

part D of the Act. 

DATES: Comments must be received on 

or before June 16, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2008–0932, by one of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• U.S. EPA Region 6 ‘‘Contact Us’’ 

Web site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD’’ 

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by email to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays 

except for legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2008– 

0932. 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 through 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. 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 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 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 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 

mstockstill on DSKH9S0YB1PROD with PROPOSALS