2460 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Proposed Rules 

(g) Label declaration. Each of the 

ingredients used in the food shall be 

declared on the label as required by the 

applicable sections of parts 101 and 130 

of this chapter. 

§ 131.203 [Removed] 

3. Remove § 131.203. 

§ 131.206 [Removed] 

4. Remove § 131.206. 

Dated: January 9, 2009. 

Leslye M. Fraser, 

Director, Office of Regulations and Policy, 

Center for Food Safety and Applied Nutrition. 

[FR Doc. E9–736 Filed 1–12–09; 4:15 pm] 

BILLING CODE 4160–01–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2003–0064, FRL–8763–1] 

RIN 2060–AL75 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Debottlenecking 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of proposed rule. 

SUMMARY: The EPA is withdrawing the 

proposed rule for ‘‘debottlenecking’’ 

published in the Federal Register on 

September 14, 2006. Debottlenecking is 

a concept used in the EPA’s New Source 

Review (NSR) program and refers to 

how emissions from units upstream and 

downstream from the unit(s) undergoing 

a physical or operational change are 

included in the calculation of an 

emissions increase for the project. The 

intent of the September 14, 2006 

proposal was to clarify how to consider 

emissions increases and decreases when 

determining major NSR applicability for 

sources that undergo a modification(s). 

Two other NSR elements included in 

that proposal—aggregation and project 

netting—are discussed in a separate 

document published in the ‘‘Rules’’ 

section of this Federal Register. 

The decision to withdraw the rule 

proposal for debottlenecking is due to a 

variety of concerns raised by 

commenters on the viability of each of 

the proposed options. Regarding our 

preferred option, legal causation, we 

proposed to apply a ‘‘but for’’ legal 

cause test to account for debottlenecked 

emissions. However, limiting its 

application to only Prevention of 

Significant Deterioration and NSR 

permits, as several commenters 

suggested, would have severely 

narrowed its utility and required 

devising another regulatory strategy for 

nonqualifying permits. With respect to 

the other two proposed options, we had 

difficulty in finding workable solutions 

to some of the implementation issues 

raised by commenters. In light of the 

complexities we encountered with the 

proposed options, we have decided to 

withdraw the proposed rule for 

debottlenecking. 

DATES: On January 15, 2009, the EPA 

hereby withdraws the proposed rule for 

NSR Debottlenecking published at 71 

FR 54235. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Svendsgaard, Air Quality Policy 

Division, Office of Air Quality Planning 

and Standards (C504–03), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone number: (919) 541–2380; fax 

number: (919) 541–5509, e-mail address: 

svendsgaard.dave@epa.gov. 

Dated: January 12, 2009. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. E9–816 Filed 1–14–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2006–0357; FRL–8761–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Approval of the Section 110(a)(1) 

Maintenance Plan for the 1997 8-Hour 

Ozone Standard for El Paso County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the Texas State 

Implementation Plan (SIP). The revision 

consists of a maintenance plan for El 

Paso County developed to ensure 

continued attainment of the 8-hour 

ozone National Ambient Air Quality 

Standard (NAAQS) for 10 years after the 

effective designation date of June 15, 

2004. The Maintenance Plan meets the 

requirements of Section 110(a)(1) of the 

Federal Clean Air Act (CAA), EPA’s 

rules, and is consistent with EPA’s 

guidance. 

DATES: Written comments should be 

received on or before February 17, 2009. 

ADDRESSES: Please see the related direct 

final rule, which is located in the ‘‘Rules 

and Regulations’’ section of this Federal 

Register, for detailed instructions on 

how to submit comments. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Riley, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–8542; fax number 

214–665–7263; e-mail address 

riley.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why Is EPA Issuing This Proposed 

Rule? 

This document proposes to take 

action on SIP revisions pertaining to the 

El Paso area. We have published a direct 

final rule approving the State’s SIP 

revisions in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register because we view this as a 

noncontroversial action and anticipate 

no adverse comment. We have 

explained our reasons for this action in 

the preamble to the direct final rule. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If we receive adverse 

comment, we will withdraw the direct 

final rule and it will not take effect. We 

would address all public comments in 

any subsequent final rule based upon 

this proposed rule. 

We do not intend to institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information, please see the information 

provided in the ADDRESSES section of 

this document. 

Dated: December 31, 2008. 

Richard E. Greene, 

Regional Administrator, Region 6. 

[FR Doc. E9–707 Filed 1–14–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–1153; FRL–8762–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Arkansas; Emissions Inventory for the 

Crittenden County Ozone 

Nonattainment Area; Emissions 

Statements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Arkansas State 

Implementation Plan (SIP) to meet the 

Emissions Inventory and Emissions 

Statements requirements of the Clean 

mstockstill on PROD1PC66 with PROPOSALS

Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Proposed Rules 2461 

Air Act (CAA) for the Crittenden County 

ozone nonattainment area. EPA is 

proposing to approve the SIP revision 

because it satisfies the Emissions 

Inventory and Emissions Statements 

requirements for 8-hour ozone 

nonattainment areas. EPA is proposing 

to approve the revision pursuant to 

section 110 of the CAA. 

DATES: Written comments should be 

received on or before February 17, 2009. 

ADDRESSES: Comments may be mailed to 

Mr. Guy Donaldson, Chief, Air Planning 

Section (6PD–L), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Comments may also be submitted 

electronically or through hand deliver/ 

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Dylan Van Dyne, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–7113; fax number 

214–665–7263; e-mail address 

vandyne.dylan@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final section of this Federal Register, 

EPA is approving the State’s SIP 

submittal as a direct rule without prior 

proposal because the Agency views this 

as non-controversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this action no further 

activity is contemplated. If EPA receives 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

For additional information see the 

direct final rule, which is located in the 

rules section of this Federal Register. 

Dated: December 24, 2008. 

Richard E. Greene, 

Regional Administrator, Region 6. 

[FR Doc. E9–620 Filed 1–14–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 112 

[EPA–HQ–OPA–2008–0821; FRL–8762–6] 

RIN 2050–AG650 

Oil Pollution Prevention; Spill 

Prevention, Control, and 

Countermeasure Rule Requirements— 

Amendments 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is 

proposing to amend the Spill 

Prevention, Control, and 

Countermeasure (SPCC) rule to tailor 

and streamline the requirements for the 

dairy industry. Specifically, EPA 

proposes to exempt milk containers and 

associated piping and appurtenances 

from the SPCC requirements provided 

they are constructed according to the 

current applicable 3–A Sanitary 

Standards, and are subject to the current 

applicable Grade ‘‘A’’ Pasteurized Milk 

Ordinance (PMO) or a State dairy 

regulatory requirement equivalent to the 

current applicable PMO. This proposal 

addresses concerns raised specifically 

by the dairy sector on the applicability 

of the SPCC requirements to milk 

containers. 

DATES: Comments must be received on 

or before February 17, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OPA–2008–0821, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• Mail: EPA Docket, Environmental 

Protection Agency, Mail code: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. 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–HQ–OPA–2008– 

0821. 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. 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 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 EPA Docket, EPA/DC, EPA West, 

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, and the telephone 

number for the EPA Docket is (202) 

566–0276. 

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the 

Superfund, TRI, EPCRA, RMP, and Oil 

Information Center at 800–424–9346 or 

TDD at 800–553–7672 (hearing 

impaired). In the Washington, DC 

metropolitan area, contact the 

Superfund, TRI, EPCRA, RMP, and Oil 

Information Center at 703–412–9810 or 

TDD 703–412–3323. For more detailed 

information on specific aspects of this 

proposed rule, contact either Vanessa E. 

mstockstill on PROD1PC66 with PROPOSALS