Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules 55725 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the states, on the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ 

This proposed rule does not have 

federalism implications. It will not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This rule merely 

proposes to partially approve and 

partially disapprove state rules 

implementing a Federal standard, and to 

disapprove a redesignation request, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. Thus, Executive Order 13132 

does not apply to this rule. 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

Consultation and Coordination With 

Indian Tribal Governments (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications. This proposed rule does 

not have tribal implications, as specified 

in Executive Order 13175. It will not 

have substantial direct effects on tribal 

governments, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes. 

This action does not involve or impose 

any requirements that affect Indian 

Tribes. Thus, Executive Order 13175 

does not apply to this rule. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Protection of Children From 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997), 

applies to any rule that: (1) Is 

determined to be economically 

significant as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that are based on health or safety 

risks, such that the analysis required 

under section 5–501 of the Order has 

the potential to influence the regulation. 

This proposed rule is not subject to 

Executive Order 13045 because it 

proposes to approve a state rule 

implementing a Federal program. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d) (15 U.S.C. 272 

note) directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering the use of any 

voluntary consensus standards. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Oxides of nitrogen, Particulate 

matter, Reporting and recordkeeping 

requirements. 

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

Dated: September 2, 2010. 

Stephen S. Tuber, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2010–22848 Filed 9–13–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0210; FRL–9201–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Kentucky; Louisville Nonattainment 

Area; Determination of Attainment of 

the Fine Particle Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the bi-state Louisville 

(Indiana and Kentucky) fine particle 

(PM2.5) nonattainment area has attained 

the 1997 annual average PM2.5 National 

Ambient Air Quality Standard 

(NAAQS). This proposed determination 

is based upon complete, qualityassured, and certified ambient air 

monitoring data for the 2007–2009 

period showing that the area has 

monitored attainment of the annual 

PM2.5 NAAQS. If EPA finalizes this 

proposed determination, the 

requirements for the area to submit an 

attainment demonstration and 

associated reasonably available control 

measures (RACM), a reasonable further 

progress (RFP) plan, contingency 

measures, and other planning State 

Implementation Plan (SIP) revisions 

related to attainment of the standard 

shall be suspended for so long as the 

area continues to attain the annual PM2.5

NAAQS. 

DATES: Comments must be received on 

or before October 14, 2010. 

ADDRESSES: Submit your comments 

regarding the Indiana portion of the bistate Louisville area, identified by 

Docket ID No. EPA–R05–OAR–2010– 

0210, by one of the following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: bortzer.jay@epa.gov. 

3. Fax: (312) 692–2054. 

4. Mail: Jay Bortzer, Chief, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Jay Bortzer, Chief, 

Air Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
55726 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Submit your comments regarding the 

Kentucky portion of the bi-state 

Louisville area, identified by Docket ID 

No. EPA–R05–OAR–2010–0210, 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) 562–9040. 

4. Mail: EPA–R05–OAR–2010–0210, 

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: Lynorae Benjamin, 

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 normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2010– 

0210. 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 

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. 

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 Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding Federal 

holidays. We recommend that you 

telephone Melissa M. Barnhart by phone 

at (312) 353–8641 or by e-mail at 

barnhart.melissa@epa.gov before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Melissa M. Barnhart, Environmental 

Scientist, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8641, 

barnhart.melissa@epa.gov. In Region 4, 

contact Joel Huey, Environmental 

Scientist, 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, (404) 

562–9104, huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

This supplementary information 

section is arranged as follows: 

I. What action is EPA taking? 

II. What is the background for this action? 

III. Does the Louisville area meet the annual 

PM2.5 standard? 

A. Criteria 

B. Louisville Area Air Quality 

IV. What is the effect of this action? 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is proposing to determine that 

the Louisville PM2.5 annual standard 

nonattainment area (which consists of 

portions in both Indiana and Kentucky) 

has attained the 1997 annual PM2.5

NAAQS. The proposal is based upon 

complete, quality-assured, and certified 

ambient air monitoring data for the 

2007–2009 monitoring period that show 

that the area has monitored attainment 

of the 1997 annual PM2.5 NAAQS. 

II. What is the background for this 

action? 

On July 18, 1997 (62 FR 36852), EPA 

established an annual PM2.5 NAAQS at 

15.0 micrograms per cubic meter (μg/ 

m3) based on a three-year average of 

annual mean PM2.5 concentrations. At 

that time, EPA also established a 24- 

hour standard of 65 μg/m3 (today’s 

action does not address the 24-hour 

standard). See 40 CFR 50.7. On January 

5, 2005 (70 FR 944), EPA published its 

air quality designations and 

classifications for the 1997 PM2.5

NAAQS based upon air quality 

monitoring data from those monitors for 

calendar years 2001–2003. These 

designations became effective on April 

5, 2005. The Louisville area was 

designated nonattainment for the 1997 

PM2.5 NAAQS. See 40 CFR 81.315 

(Indiana) and 40 CFR 81.318 

(Kentucky). 

On October 17, 2006 (71 FR 61144), 

EPA retained the 1997 annual PM2.5

NAAQS at 15.0 μg/m3 based on a threeyear average of annual mean PM2.5

concentrations, and promulgated a 24- 

hour standard of 35 μg/m3 based on a 

three-year average of the 98th percentile 

of 24-hour concentrations. On 

November 13, 2009, EPA designated the 

Louisville area as attainment for the 

2006 24-hour standard (74 FR 58688). In 

that action, EPA also clarified the 

designations for the NAAQS 

promulgated in 1997, stating that the 

Louisville area was designated as 

nonattainment for the annual standard 

but attainment for the 24-hour standard. 

Thus, today’s action does not address 

attainment of either the 1997 or the 

2006 24-hour standard. 

In response to legal challenges of the 

annual standard promulgated in 2006, 

the U.S. Court of Appeals for the District 

of Columbia Circuit (D.C. Circuit) 

remanded this standard to EPA for 

further consideration. See American 

Farm Bureau Federation and National 

Pork Producers Council, et al. v. EPA, 

559 F.3d 512 (D.C. Cir. 2009). However, 

given that the 1997 and 2006 annual 

standards are essentially identical, 

attainment of the 1997 annual standard 

would also indicate attainment of the 

remanded 2006 annual standard. 

On April 25, 2007 (72 FR 20664), EPA 

promulgated its PM2.5 implementation 

rule, codified at 40 CFR part 51, subpart 

Z, in which the Agency provided 

guidance for state and tribal plans to 

implement the 1997 PM2.5 standards. 

This rule, at 40 CFR 51.1004(c), 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules 55727 

1 In letters dated November 4, 2008, and January 

28, 2009, to the Louisville Metro Air Pollution 

Control District, EPA approved the District’s request 

to terminate the operation of the Barret Avenue 

monitor for safety reasons, and to establish a new 

monitor starting operation January 1, 2009, at the 

Cannons Lane site, approximately 4 miles away. 

specifies some of the regulatory 

consequences of attaining the standard, 

as discussed below. 

III. Does the Louisville area meet the 

annual PM2.5 standard? 

A. Criteria 

Today’s rulemaking assesses whether 

the Louisville PM2.5 nonattainment area 

is attaining the 1997 annual PM2.5

NAAQS. The Louisville nonattainment 

area includes certain counties in 

Indiana and in Kentucky. The Indiana 

portion of this area is defined at 40 CFR 

81.315, and comprises Clark and Floyd 

Counties and a portion of Jefferson 

County (Madison Township). The 

Kentucky portion of this area is defined 

at 40 CFR 81.318, and includes Bullitt 

and Jefferson Counties. 

Under EPA regulations at 40 CFR 

50.7, the annual primary and secondary 

PM2.5 standards are met when the 

annual arithmetic mean concentration, 

as determined in accordance with 40 

CFR part 50, Appendix N, is less than 

or equal to 15.0 μg/m3 at all relevant 

monitoring sites in the subject area. 

B. Louisville Area Air Quality 

EPA has reviewed the ambient air 

monitoring data for the Louisville area 

in accordance with the provisions of 40 

CFR part 50, Appendix N. All data 

considered have been quality-assured, 

certified, and recorded in EPA’s Air 

Quality System database. This review 

addresses air quality data collected in 

the three-year period from 2007 to 2009. 

The following table provides the 

annual average concentrations averaged 

over 2007 to 2009 at all sites in the 

Louisville area with at least 75 percent 

complete data in each quarter for each 

of those three years, including sites in 

both Indiana and Kentucky. The highest 

three-year average annual concentration 

for 2007 to 2009 on this table is 

recorded at site 18–019–0006, recording 

a three-year average annual 

concentration of 14.6 μg/m3. All sites in 

the area have three-year average annual 

PM2.5 concentrations below 15.0 μg/m3. 

Site name County Site No. 

Annual 

average 

concentration 

(μg/m3) 

Jeffersonville ................................................................. Clark, IN ........................................................................ 18–019–0006 14.6 

New Albany .................................................................. Floyd, IN ....................................................................... 18–043–1004 13.1 

Shepherdsville .............................................................. Bullitt, KY ...................................................................... 21–029–0006 13.0 

Wyandotte Park ............................................................ Jefferson, KY ................................................................ 21–111–0044 13.5 

37th & Southern ........................................................... Jefferson, KY ................................................................ 21–111–0043 13.4 

Watson Elementary ...................................................... Jefferson, KY ................................................................ 21–111–0051 13.0 

In addition to the sites listed in the 

table above, three sites, Barret Avenue, 

Cannons Lane, and Indiana Armory, did 

not operate for the entire three-year 

period from 2007 to 2009, either 

because the site ended operation before 

the end of that period or because the site 

began operation after the beginning of 

that period. 

The first of these three sites, Barret 

Avenue (site number 21–111–0048), 

ended operation at the end of 2008.1

Thus, the most recent three-year period 

of data for this site is 2006 to 2008. For 

this period, the Barret Avenue site 

monitored an average annual 

concentration of 14.1 μg/m3, reflecting 

attainment of the standard. The Barret 

Avenue site has not historically 

monitored the highest concentrations in 

the area. In addition, the other sites in 

the area, which have continued to 

operate, are currently attaining the 

standard and are showing decreased 

concentrations. Thus, EPA believes that 

the standard was and continues to be 

attained at this site. 

More generally, EPA believes that the 

Louisville area has a sufficient network 

of sites collecting complete data 

showing attainment to conclude that the 

Louisville area is now meeting the 

annual PM2.5 NAAQS. 

Following discontinuation of the 

Barret Avenue site, two new sites began 

operation. The Indiana Armory site (site 

number 18–019–0008) began operation 

in the third quarter of 2008, and the 

Cannons Lane site (site number 21–111– 

0067) began operation at the beginning 

of 2009. These two sites started 

operation after 2007 and thus have not 

yet collected three years of data. 

Nevertheless, EPA examined the data at 

these sites to consider whether these 

data are consistent with the findings 

discussed above that were derived for 

sites with a complete three-year set of 

data for the 2007–2009 period. 

An examination of data from these 

two sites (as well as an examination of 

data at the Barret Avenue site) is 

provided in a memorandum (available 

in the docket for this proposed 

rulemaking) dated June 22, 2010. The 

Indiana Armory site monitored an 

average concentration in the second half 

of 2008 of 13.4 μg/m3, and an annual 

average concentration in 2009 of 10.8 

μg/m3. The Cannons Lane site for 2009 

monitored an annual average 

concentration of 11.7 μg/m3. All of these 

values are below the standard. 

Since few data are available for 2010, 

the 2007 to 2009 data represent the most 

recent available data for EPA to use in 

its assessment. On the basis of this 

review, EPA is proposing to determine 

that the Louisville area has attained the 

1997 annual PM2.5 NAAQS. 

EPA is soliciting public comments on 

its proposal to determine that the 

Louisville area has attained the 1997 

annual PM2.5 NAAQS. 

IV. What is the effect of this action? 

If this proposed determination is 

made final, the requirements for the 

Louisville PM2.5 nonattainment area to 

submit an attainment demonstration 

and associated RACM, a RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 1997 annual PM2.5 NAAQS would 

be suspended for so long as the area 

continues to attain the PM2.5 NAAQS. 

See 40 CFR 51.1004(c). Notably, as 

described below, any such 

determination would not be equivalent 

to the redesignation of the area to 

attainment for the annual PM2.5

NAAQS. 

If this proposed rulemaking is 

finalized and EPA subsequently 

determines, after notice-and-comment 

rulemaking in the Federal Register, that 

the area has violated the annual PM2.5

NAAQS, the basis for the suspension of 

the specific requirements would no 

longer exist for the Louisville 

nonattainment area, and the area would 

thereafter have to address the applicable 

requirements. See 40 CFR 51.1004(c). 

Finalizing this proposed action would 

not constitute a redesignation of the area 

to attainment of the annual PM2.5


emcdonald on DSK2BSOYB1PROD with PROPOSALS
55728 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules 

NAAQS under section 107(d)(3) of the 

Clean Air Act (CAA). Further, finalizing 

this proposed action does not involve 

approving maintenance plans for the 

area as required under section 175A of 

the CAA, nor would it find that the area 

has met all other requirements for 

redesignation. Even if EPA finalizes the 

proposed action, the designation status 

of the Louisville area would remain 

nonattainment for the 1997 annual 

PM2.5 NAAQS until such time as EPA 

determines that the area meets the CAA 

requirements for redesignation to 

attainment and takes action to 

redesignate the area. 

This action is only a proposed 

determination that the Louisville area 

has attained the 1997 annual PM2.5

NAAQS. Today’s action does not 

address the 24-hour PM2.5 NAAQS. 

If the Louisville area continues to 

monitor attainment of the annual PM2.5

NAAQS, the requirements for the 

Louisville area to submit an attainment 

demonstration and associated RACM, a 

RFP plan, contingency measures, and 

any other planning SIPs related to 

attainment of the annual PM2.5 NAAQS 

will remain suspended. 

V. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

action is not a ‘‘significant regulatory 

action’’ and therefore is not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

not subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action proposes to make 

a determination based on air quality 

data and would, if finalized, result in 

the suspension of certain Federal 

requirements. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C 601 et seq.). Because this 

rule proposes to make a determination 

based on air quality data, and would, if 

finalized, result in the suspension of 

certain Federal requirements, it 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). 

This proposed rule also does not have 

tribal applications because it will not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

proposed action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

proposes to make a determination based 

on air quality data and would, if 

finalized, result in the suspension of 

certain Federal requirements, and does 

not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

This proposed rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks’’ (62 FR 19885, April 23, 1997) 

because it proposes to determine that air 

quality in the affected area is meeting 

Federal standards. 

The requirements of 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply because it would 

be inconsistent with applicable law for 

EPA, when determining the attainment 

status of an area, to use voluntary 

consensus standards in place of 

promulgated air quality standards and 

monitoring procedures to otherwise 

satisfy the provisions of the CAA. This 

proposed rule does not impose an 

information collection burden under the 

provisions of the Paper Reduction Act of 

1995 (44 U.S.C. 3501 et seq.). 

Under Executive Order 12898, EPA 

finds that this rule, pertaining to the 

determination of attainment of the fine 

particle standard for the bi-state 

Louisville (Indiana and Kentucky) area, 

involves proposed determinations of 

attainment based on air quality data and 

will not have disproportionately high 

and adverse human health or 

environmental effects on any 

communities in the area, including 

minority and low-income communities. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: August 9, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

Dated: August 27, 2010. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–22850 Filed 9–13–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 799 

[EPA–HQ–OPPT–2009–0555; FRL–8428–8] 

RIN 2070–AB79 and RIN 2070–AC76 

Withdrawal of Proposed Rules; 

Discontinuing Rulemaking Efforts 

Listed in the Unified Agenda of Federal 

Regulatory and Deregulatory Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rules; withdrawals. 

SUMMARY: EPA is withdrawing two 

proposed rules for which the Agency no 

longer intends to issue a final rule. This 

document identifies the proposed rules 

and explains the Agency’s decision not 

to pursue a final rulemaking at this 

time. This withdrawal of these proposed 

rules does not preclude the Agency from 

initiating the same or similar 

rulemaking at a future date. It does, 

however, close out the entry for these 

proposed rules in the EPA Semi-Annual 

Regulatory Agenda, published as part of 

the Unified Agenda of Federal 

Regulatory and Deregulatory Actions 

(Unified Agenda). Should the Agency 

decide at some future date to initiate the 

same or similar rulemaking, it will add 

an appropriate new entry to the EPA 

Semi-Annual Regulatory Agenda to 

reflect the initiation of the action. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2009–0555. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the docket index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 


emcdonald on DSK2BSOYB1PROD with PROPOSALS