Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Proposed Rules 70565 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[FRL–7999–2, E–Docket ID No. OAR–2005–

0163] 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR), and New Source 

Performance Standards (NSPS): 

Emissions Test for Electric Generating 

Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Announcement of public 

hearing and extension of comment 

period. 

SUMMARY: The EPA is announcing a 

public hearing to be held on December 

9, 2005 and an extension of the public 

comment period on our proposed 

changes to the New Source Review 

(NSR) permitting program at 70 FR 

61081. (October 20, 2005). The proposed 

changes would revise the emissions test 

for existing electric generating units 

(EGUs) that are subject to the 

regulations governing the Prevention of 

Significant Deterioration and 

nonattainment major NSR programs 

mandated by parts C and D of title I of 

the Clean Air Act (CAA). We also 

solicited comment on a proposed 

revised emissions test under the New 

Source Performance Standards (NSPS) 

regulations. The public hearing will 

provide interested parties the 

opportunity to present data, views, or 

arguments concerning these proposed 

changes. The EPA is also extending the 

public comment period from December 

19, 2005 to February 17, 2006. The EPA 

is holding the public hearing and 

extending the public comment period 

by 60 days because of the number of 

requests we received in a timely 

manner. 

DATES: Comments: Comments must be 

received on or before February 17, 2006. 

Public Hearing: The public hearing 

will convene at 9 a.m. and continue 

until at least 7 p.m., or until the last 

registered speaker has spoken, but no 

later than 9 p.m., on December 9, 2005. 

People wishing to present oral 

testimony are strongly encouraged to 

register before the hearing, unregistered 

speakers will be accommodated to the 

extent time is available. The public 

hearing will close at 12 noon for lunch 

and reconvene at 1 p.m. The public 

hearing will close at 5:30 p.m. for 

dinner and reconvene at 6:30 p.m. For 

updates and additional information on 

the public hearing, please check EPA’s 

web site for this rulemaking at http:// 

www.epa.gov/nsr. 

ADDRESSES: Public Hearing: The public 

hearing will be held at the U.S. 

Environmental Protection Agency, 109 

TW Alexander Drive, Research Triangle 

Park, North Carolina 27709, Building C, 

in Auditorium C111. Because this 

hearing is being held at U.S. government 

facilities, everyone planning to attend 

the hearing should be prepared to show 

valid picture identification to the 

security staff in order to gain access to 

the meeting room. In addition, you will 

need to obtain a property pass for any 

personal belongings you bring with you. 

Upon leaving the building, you will be 

required to return this property pass to 

the security desk. No large signs will be 

allowed in the building and 

demonstrations will not be allowed on 

Federal property for security reasons. 

Directions to the EPA Campus are 

available on the internet at http:// 

www.epa.gov/rtp/facilities/ 

maindirections.htm, along with a map 

showing the area designated for visitor 

parking. From there, walk toward the 

main facility and enter the center 

building (by the U.S. and EPA flags). 

Comments: Submit your comments, 

identified by Docket ID No. OAR–2005–

0163 by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Web site: http:// 

www.epa.gov/edocket. EDOCKET, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Follow the on-line 

instructions for submitting comments. 

• E-mail: a-and-rdocket@epamail.epa.gov. 

• Fax: 202–566–1741. 

• Mail: Attention Docket ID No. 

OAR–2005–0163, U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), 1200 Pennsylvania Avenue, 

Northwest, Mail Code: 6102T, 

Washington, DC 20460. In addition, 

please mail a copy of your comments on 

the information collection provisions to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), Attn: Desk Officer for 

OMB, 725 17th Street, Northwest, 

Washington, DC 20503. 

• Hand Delivery: U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), 1301 Constitution Avenue, 

Northwest, Room B102, Washington, DC 

20004, Attention Docket ID No. OAR–

2005–0163. 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. OAR–2005–0163. 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.epa.gov/ 

edocket, 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 EDOCKET, 

regulations.gov, or e-mail. The EPA 

EDOCKET and the Federal 

regulations.gov websites are 

‘‘anonymous access’’ systems, 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 

EDOCKET or regulations.gov, your email 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, avoid any 

form of encryption, and be free of any 

defects or viruses. For additional 

information about EPA’s public docket 

visit EDOCKET on-line or see the 

Federal Register of May 31, 2002 (67 FR 

38102). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Janet McDonald at (919) 541–1450, 

telefax (919) 541–5509, E-mail: 

mcdonald.janet@epa.gov or by mail at 

U.S. Environmental Protection Agency, 

OAQPS, Information Transfer and 

Program Integration Division, (C339–

03), Research Triangle Park, North 

Carolina 27711. As of the date of this 

announcement, the Agency intends to 

proceed with the hearings as 

announced; however, unforeseen 

circumstances may result in a 

postponement. Therefore, members of 

the public planning to attend any of 

these hearings are advised to check our 

Web site at http://www.epa.gov/nsr/. 

Members of the public may also contact 

Ms. Chandra Kennedy, U.S, 

Environmental Protection Agency, 

OAQPS, Information Transfer and 

Program Integration Division, (C339–

70566 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Proposed Rules 

03), Research Triangle Park, North 

Carolina 27711; telephone (919) 541–

5319 or E-mail 

kennedy.chandra@epa.gov, to confirm 

the December 9, 2005 meeting location 

and date. If you would like to speak at 

this hearing, you should also contact 

Ms. Chandra Kennedy no later than 

December 2, 2005 and provide an 

electronic copy of your presentation for 

distribution to hearing attendees and for 

inclusion in E-Docket ID No. OAR–

2005–0163. Oral testimony will be 

limited to 5 minutes per commenter. 

The EPA may ask clarifying questions 

during the oral presentations, but will 

not respond to the presentations or 

comments 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. Verbatim transcripts and 

written statements will be included in 

the rulemaking docket. The agenda will 

be provided to the speakers no later 

than December 5, 2005, along with 

written hearing ground rules and the 

Federal building safety requirements. 

For updates and additional information 

on the public hearing, please check 

EPA’s website for this rulemaking at 

http://www.epa.gov/nsr/. 

SUPPLEMENTARY INFORMATION: Public 

Hearing: The EPA’s planned seating 

arrangement for the hearing is theater 

style, with seats available on a first 

come, first served basis, for about 300 

people. An agenda, the hearing ground 

rules, and instructions on how to 

comment will be provided at the 

hearing. 

Comments: This notice extends the 

public comment period established in 

the Federal Register published on 

October 20, 2005 (70 FR 61081). In that 

notice, EPA proposed changes to the 

NSR and NSPS regulations. The EPA is 

hereby extending the comment period, 

which was set to end on December 19, 

2005, to February 17, 2006. 

All documents in the docket are listed 

in the EDOCKET index at http:// 

www.epa.gov/edocket. 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 EDOCKET or in hard 

copy at the U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), 1301 Constitution Avenue, 

Northwest, Room B102, Washington, 

DC. Attention Docket ID No. OAR–

2005–0163. 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 Air 

Docket is (202) 566–1742. 

Dated: November 15, 2005. 

Alan C. Rush, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 05–23087 Filed 11–21–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[OAR–2005–0153; FRL–7997–1] 

RIN 2060–AJ71 

Control of Air Pollution From New 

Motor Vehicles; Revisions to Motor 

Vehicle Diesel Fuel Sulfur Transition 

Provisions; and Technical 

Amendments to the Highway Diesel, 

Nonroad Diesel, and Tier 2 Gasoline 

Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed Rule. 

SUMMARY: The highway diesel fuel 

sulfur program, finalized in 2001, is 

resulting in the nationwide transition in 

2006 of most diesel fuel from low-sulfur 

diesel (LSD) to ultra-low sulfur diesel 

(ULSD). Some in the diesel fuel 

production and distribution industries 

have indicated that they may be unable 

to complete the transition to ULSD by 

the current deadlines at the very 

furthest reaches the distribution system. 

In response, today’s proposed action 

would make limited changes to the 

transition provisions for entities in the 

highway diesel distribution system. 

These proposed changes finely balance 

the concerns of the fuel industry with 

the critical need for ULSD to be 

available for 2007 diesel vehicles and 

engines. The impacts of the recent 

hurricanes along the Gulf Coast of the 

U.S. are not a contributing factor in 

today’s proposed action, and there 

would be no change in the June 1, 2006 

start date for refiners to be producing 

ULSD (15 ppm sulfur). 

We propose to extend the ULSD 

implementation dates for terminals and 

retail outlets by 45 days. Thus, 

terminals would have until September 

1, 2006 (vs. July 15) and retailers would 

have until October 15, 2006 (vs. 

September 1) to complete their 

transitions to ULSD. We also propose 

that downstream of the refinery fuel 

slightly higher than 15 ppm sulfur could 

temporarily be sold as ULSD. In 

addition, we propose to extend the 

beginning of the restriction on how 

much ULSD can be downgraded to 

higher sulfur fuel by 15 days, to October 

15, 2006 to be consistent with the end 

of the proposed new transition dates. 

The rule also includes proposed 

corrections to the recordkeeping and 

reporting requirements under the 

highway diesel and also proposes 

several minor amendments to the 

highway diesel sulfur, nonroad diesel 

sulfur, and gasoline sulfur programs to 

correct errors or omissions in the 

regulations. 

DATES: Written comments must be 

received by December 22, 2005. More 

information about commenting on this 

action may be found under Public 

Participation in SUPPLEMENTARY

INFORMATION, below. 

ADDRESSES: For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see the ‘‘Public Participation’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. This proposed 

rule and the accompanying direct final 

rule are available electronically on the 

day of publication from the Office of the 

Federal Register internet Web site listed 

below. Prepublication electronic copies 

of these notices are also available from 

the EPA Office of Transportation and 

Air Quality Web site listed below. This 

service is free of charge, except for any 

cost that you already incur for internet 

connectivity. 

Federal Register Web Site: http:// 

www.epa.gov/docs/fedrgstr/EPA-AIR/ 

(Either select desired date or use Search 

feature.) 

Office of Transportation and Air 

Quality Web Site: http://www.epa.gov/ 

otaq/ (Look in ‘‘What’s New’’ or under 

the specific rulemaking topic.) 

Please note that due to differences 

between the software used to develop 

the document and the software into 

which the document may be 

downloaded, changes in format, page 

length, etc. may occur. 

EPA has established a docket for this 

action under Docket ID No. OAR–2005–

0153. All documents in the docket are 

listed in the EDOCKET index at 

http://www.epa.gov/edocket. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material,