Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules 36977 

require the IRS to expedite, reconsider, 

or review at a higher level an action 

taken with respect to a determination or 

collection of a tax liability. 

(4) Examples. The following examples 

assume the existence of significant 

hardship: 

Example 1. J contacts a local taxpayer 

advocate because a wage levy is causing 

financial difficulties. The NTA determines 

that the levy should be released as it is 

causing economic hardship (within the 

meaning of section 6343(a) and Treas. Reg. 

§ 301.6343–1(b)(4)). The NTA may issue a 

TAO ordering the IRS to release the levy in 

whole or in part by a specified date. 

Example 2. The IRS rejects K’s offer in 

compromise. K files a Form 911, ‘‘Request for 

Taxpayer Advocate Service Assistance (and 

Application for Taxpayer Assistance Order).’’ 

The NTA discovers facts that support 

acceptance of the offer in compromise. The 

NTA may issue a TAO ordering the IRS to 

reconsider its rejection of the offer or to 

review the rejection of the offer at a higher 

level. The TAO may include NTA analysis of 

and recommendation for resolving the case. 

Example 3. L files a protest requesting 

Appeals consideration of IRS’s proposed 

denial of L’s request for innocent spouse 

relief. Appeals advises L that it is going to 

issue a Final Determination denying the 

request for innocent spouse relief. L files a 

Form 911, ‘‘Request for Taxpayer Advocate 

Service Assistance (and Application for 

Taxpayer Assistance Order).’’ The NTA 

reviews the administrative record and 

concludes that the facts support granting 

innocent spouse relief. The NTA may issue 

a TAO ordering Appeals to refrain from 

issuing a Final Determination and reconsider 

or review at a higher level its decision to 

deny innocent spouse relief. The TAO may 

include TAS analysis of and 

recommendation for resolving the case. 

(d) Issuance. A TAO may be issued to 

any office, operating division, or 

function of the IRS. A TAO shall apply 

to persons performing services under a 

qualified tax collection contract (as 

defined in section 6306(b)) to the same 

extent and in the same manner as the 

order applies to IRS employees. A TAO 

will not be issued to IRS Criminal 

Investigation division (CI), or any 

successor IRS division responsible for 

the criminal investigation function, if 

the action ordered in the TAO could 

reasonably be expected to impede a 

criminal investigation. CI will 

determine whether the action ordered in 

the TAO could reasonably be expected 

to impede an investigation. Generally, a 

TAO may not be issued to the Office of 

Chief Counsel. 

* * * * * 

(f) Effective applicability date. These 

regulations are applicable for TAOs 

issued on or after the date of publication 

of the Treasury decision adopting these 

rules as final regulations in the Federal 

Register, except that paragraph (e) is 

applicable beginning March 20, 1992. 

Linda E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. E9–17747 Filed 7–24–09; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0023; FRL–8935–2] 

Approval and Promulgation of 

Implementation Plans; Kentucky; 

Variance of Avis Rent-A-Car and 

Budget Rent-A-Car Facilities Located 

at the Cincinnati/Northern Kentucky 

International Airport 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the source-specific State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Kentucky on February 4, 2009, for the 

purpose of removing Stage II vapor 

control requirements at Avis Rent-ACar, and Budget Rent-A-Car facilities 

located at the Cincinnati/Northern 

Kentucky International Airport. This 

proposed revision to the SIP is 

approvable based on the December 12, 

2006, EPA policy memorandum from 

Stephen D. Page entitled Removal of 

Stage II Vapor Recovery in Situations 

Where Widespread Use of Onboard 

Refueling Vapor Recovery is 

Demonstrated. This action is being 

taken pursuant to Section 110 of the 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before August 26, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2009–0023 by one of the following 

method: 

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– 

0023’’, 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: 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’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– 

0023’’. 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’’, which means 

EPA will not know your identity or 

contact information unless you provide 

it in the body of your comments. 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 you 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 

materials, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in the 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, Pesticide and 


hsrobinson on PROD1PC76 with PROPOSALS
36978 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules 

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: 

Mohammad Madjdinasab, 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. The 

telephone number is (404) 562–9026. 

Mr. Madjdinasab can also be reached via 

electronic mail at 

madjdinasab.mohammad@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Analysis of the State’s Submittals 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Under the CAA Amendments of 1990 

(See 56 FR 56694, effective January 6, 

1992), EPA designated and classified 

three Kentucky counties (Boone, 

Campbell, and Kenton in the Northern 

Kentucky Area) and four Ohio counties 

(Butler, Clermont, Hamilton, and 

Warren) as a ‘‘moderate’’ ozone 

nonattainment area as part of the 

Cincinnati/Northern Kentucky Area. 

The designation was based on the Area’s 

1-hour ozone design value of 0.157 parts 

per million (ppm) for the three year 

period of 1988–1990. Pursuant to the 

requirements of section 182(b)(3) of the 

CAA, the Commonwealth of Kentucky, 

Energy and Environment Cabinet, 

Division of Air Quality (KDAQ) 

developed Kentucky Administrative 

Regulations (KAR) 401 KAR 59:174 

Stage II controls at gasoline dispensing 

facilities, and submitted the rule to EPA 

for approval as part of Kentucky’s ozone 

SIP. The rule was adopted by the 

Commonwealth of Kentucky on January 

12, 1998, and approved by EPA into the 

SIP on December 8, 1998 (63 FR 

675896). Under this regulation, gasoline 

dispensing facilities with a monthly 

throughput of 25,000 gallons or more 

located in a Kentucky county in which 

the entire county is classified as severe, 

serious, or moderate nonattainment for 

ozone, are required to install Stage II 

vapor recovery systems. 

On October 29, 1999, having 

implemented all measures required of 

Kentucky to that date for moderate 

ozone nonattainment areas under the 

CAA, and with three years of data 

(1996–1998) showing compliance with 

the 1-hour ozone standard, KDAQ 

submitted to EPA an ozone maintenance 

plan and request for redesignation of the 

Cincinnati/Northern Kentucky area to 

attainment status. The maintenance 

plan, as required under section 175A of 

the CAA, showed that nitrogen oxides 

and volatile organic compound (VOC) 

emissions in the area would remain 

below the 1990 ‘‘attainment year’’ 

levels. In making these projections, 

KDAQ factored in the emissions benefit 

(primarily VOCs) of the area’s Stage II 

program, and did not remove this 

program as part of its 1-hour ozone SIP. 

The redesignation request and 

maintenance plan were approved by 

EPA, effective June 19, 2000 (65 FR 

37879). Since the Kentucky Stage II 

program was already in place and had 

been included in the State’s October 29, 

1999, redesignation request and 1-hour 

ozone maintenance plan for the Area, 

KDAQ elected not to remove the 

program from the SIP at that time. 

On April 6, 1994, EPA promulgated 

regulations requiring the phase-in of onboard refueling vapor recovery (ORVR) 

systems on new motor vehicles. Under 

Section 202(a)(6) of the CAA, moderate 

ozone nonattainment areas are not 

required to implement Stage II vapor 

recovery programs after promulgation of 

ORVR standards. 

II. Analysis of Kentucky’s Submittal 

A. Requested Source Specific 

Exemption of Stage II Requirements 

EPA’s primary consideration for 

determining the approvability of 

Kentucky’s request to exempt Stage II 

vapor control requirements for Avis 

Rent-A-Car and Budget Rent-A-Car 

facilities located at the Cincinnati/ 

Northern Kentucky International 

Airport is whether this requested action 

complies with section 110 (a)(l) of the 

CAA. Below is EPA’s analysis of these 

considerations. 

1. Federal Requirements for Stage II 

States were required to adopt Stage II 

rules for all areas classified as 

‘‘moderate’’ or worse under section 

182(b)(3) of the CAA. However, section 

202(a)(6) of the CAA states that ‘‘the 

requirements of section 182(b)(3) 

(relating to Stage II gasoline vapor 

recovery) for areas classified under 

section 181 as moderate for ozone shall 

not apply after promulgation of such 

standards.’’ ORVR regulations were 

promulgated by EPA on April 6, 1994 

(see 59 FR 16262, 40 CFR 86.001 and 40 

CFR 86.098). As a result, the CAA no 

longer requires moderate areas to 

impose Stage II controls under section 

182(b)(3), and such areas may seek SIP 

revisions to remove such requirements 

from their SIP, subject to section 110(l) 

of the Act. EPA’s policy memorandum 

related to ORVR, dated March 9, 1993, 

and June 23, 1993, provided further 

guidance on an allowance for removing 

Stage II requirements from certain areas. 

The policy memorandum dated March 

9, 1993 states ‘‘When onboard rules are 

promulgated, a State may withdraw its 

stage II rules for moderate areas from the 

SIP (or from consideration as a SIP 

revision) consistent with its obligation 

under sections 182(b)(3) and 202(a)(6), 

so long as withdrawal will not interfere 

with any other applicable requirement 

of the Act.’’ Because Kentucky is taking 

credit for Stage II in its maintenance 

plan, this action is subject to section 

110(l) of the CAA, which states: 

Plan Revision—Each revision to an 

implementation plan submitted by a State 

under this chapter shall be adapted by such 

State after reasonable notice and public 

hearing. The Administrator shall not approve 

a revision of a plan if the revision would 

interfere with any applicable requirement 

concerning attainment and reasonable further 

progress (as defined in section 7501 of this 

title), or any other applicable requirement of 

this chapter. 

As such, Kentucky must make a 

demonstration of noninterference in 

order to remove Stage II from the SIP for 

Avis Rent-A-Car and Budget Rent-A-Car 

facilities located at the Cincinnati/ 

Northern Kentucky International 

Airport. 

2. Cincinnati—Hamilton Interstate Area 

Air Quality Status 

On April 30, 2004, EPA designated 

the Cincinnati/Northern Kentucky Area, 

which consists of Boone, Campbell, and 

Kenton Counties in Kentucky (and 

Butler, Clermont, Clinton, Hamilton, 

and Warren Counties in Ohio) as 

nonattainment for the 1997 8-hour 

ozone national ambient air quality 

standard (NAAQS) (69 FR 23857). The 

Cincinnati/Northern Kentucky Area 

remains designated as nonattainment, 

and has 2005–2007 and 2006–2008 8- 

hour ozone design values of 0.086 pp 

and 0.085 ppm, respectively. On March 

12, 2008, EPA strengthened the 8-hour 

ozone NAAQS by revising it to 0.075. 

Designations for this new 8-hour 

NAAQS are scheduled for March 2010. 

On January 5, 2005, EPA published 

designations for the 1997 annual and 

24-hour PM2.5 standard (70 FR 944). The 

Cincinnati/Northern Kentucky Area was 

designated as an attainment area for the 

1997 24-hour PM2.5 standard. However, 


hsrobinson on PROD1PC76 with PROPOSALS
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules 36979 

this same area was designated as 

nonattainment for the 1997 annual 

PM2.5 standard and has remained as a 

nonattainment area for that standard. 

Compliance with the 1997 PM2.5 annual 

standard is 15 microgram per cubic 

meter (ug/m3). The annual PM2.5 design 

value for Cincinnati/Northern Kentucky 

area for the period of 2005–2007 was 

17.3 ug/m3. 

On October 17, 2006 and effective 

December 18, 2006, EPA published a 

rulemaking regarding the NAAQS for 

the PM2.5 standard. Specifically, EPA 

retained the annual PM2.5 standard of 15 

ug/m3 and revised 24-hour PM2.5

standard, changing it from 65 ug/m3 to 

35 ug/m3. The revision of the 24-hour 

PM2.5 standard in 2006, triggered the 

designation process for the standard. 

Based on 2006–2008 monitoring data, 

the design value for the Cincinnati/ 

Northern Kentucky Area is 34.9 ug/m3, 

which is in compliance with the 

standard. The Commonwealth of 

Kentucky submitted a letter dated 

February 10, 2009, which requested that 

the Cincinnati/Northern Kentucky Area 

be classified attainment based on 2006– 

2008 data. EPA has yet to publish the 

final rulemaking with the final 

designations for the revised 24-hour 

PM2.5 standard. 

3. Non-Interference Demonstration for 

Exemption of Stage II Requirements 

This proposed source-specific 

revision to the Kentucky SIP is 

approvable based on the CAA and the 

December 12, 2006, EPA memorandum 

from Stephen D. Page entitled, Removal 

of Stage II Vapor Recovery in Situations 

Where Widespread Use of On-board 

Refueling Vapor Recovery is 

Demonstrated which provides guidance 

to States concerning the removal of 

Stage II gasoline vapor recovery systems 

where States demonstrate to EPA that 

widespread use of ORVR has occurred 

in specific portions of the motor vehicle 

fleet. States were required to adopt 

Stage II rules for such areas under 

section 182(b)(3) of the CAA. However, 

Section 202(a)(6) of the CAA states that 

‘‘The requirements of section 182(b)(3) 

of this title (relating to stage II gasoline 

vapor recovery) for areas classified 

under section 181 of this title as 

moderate for ozone shall not apply after 

promulgation of such standards and the 

Administrator may, by rule, revise or 

waive the application of the 

requirements of such section 182(b)(3) 

of this title for areas classified under 

section 181 of this title as serious, 

severe, or extreme for ozone * * *.’’ 

Section 202 On-board Refueling Vapor 

Recovery regulations were promulgated 

by EPA on April 6, 1994, and the 

requirements of these regulations are 

currently being phased in. In this 

circumstance, EPA does believe that a 

determination of ‘‘widespread’’ use is 

necessary to provide for the source 

specific SIP revision for Stage II 

requirements for Avis Rent-A-Car and 

Budget Rent-A-Car facilities. EPA’s 

December 12, 2006, memorandum states 

that if 95 percent of the vehicles in a 

fleet have ORVR, then widespread use 

will likely have been demonstrated for 

that fleet. The memorandum addresses 

the following specific fleets: 

• Initial fueling of new vehicles at 

automobile assembly plants; 

• Refueling of rental cars at rental car 

facilities; 

• Refueling of flexible fuel vehicles at 

E85 dispensing pumps. 

Most large rental car companies rent 

current model vehicles that are 

equipped with ORVR and vehicle 

models are changed to current year 

models every year or two. The 

Commonwealth of Kentucky has 

confirmed that 100 percent and not less 

than 95 percent of vehicles at Avis RentA-Car and Budget Rent-A-Car facilities 

located at the Cincinnati/Northern 

Kentucky International Airport are 

equipped with ORVR. 

CAA section 110(a)(2)(D)(i)(I) 

prohibits facilities within the State from 

emitting any air pollutants in amounts 

which will contribute significantly to 

nonattainment in, or interfere with 

maintenance by, any other State with 

respect to any such national primary or 

secondary ambient air quality standards. 

The only pollutant emitted by refueling 

vehicles is VOC, which is a precursor of 

ozone, and its emissions are mitigated 

by use of vehicles equipped with ORVR. 

Kentucky has adequately demonstrated 

that ORVR has supplanted Stage II 

requirements at Avis Rent-A-Car and 

Budget Rent-A-Car facilities. 

III. Proposed Action 

EPA is proposing to approve the 

aforementioned source-specific SIP 

revision request from Kentucky. VOC 

emissions from vehicles at Avis Rent-ACar and Budget Rent-A-Car facilities are 

controlled by ORVR, therefore, we 

conclude that removal of Stage II 

requirements at these facilities would 

not result in an increase of VOC 

emissions, and thus would not 

contribute to ozone formation. The 

Commonwealth is seeking to remove 

this requirement for these rent-a-car 

facilities and has fully satisfied the 

requirements of Section 110(l) of the 

CAA. Therefore, we are proposing to 

approve this source-specific SIP 

revision, as it is consistent with Section 

110 of CAA. 

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 

Act 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 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 an Indian 

country located in the State, and EPA 

notes that it will not impose substantial 

direct costs on Tribal governments or 

preempt Tribal laws. 


hsrobinson on PROD1PC76 with PROPOSALS
36980 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules 

List of Subjects in 40 CFR Part 52 

Environmental Protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Volatile organic compounds, Ozone, 

Sulfur oxides, Nitrogen dioxide. 

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

Dated: July 7, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. E9–17823 Filed 7–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0353; FRL–8935–3] 

Revisions to the California State 

Implementation Plan, California Air 

Resources Board Consumer Products 

Regulations; Extension of Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: The EPA is announcing an 

extension of the public comment period 

for the proposed rule entitled 

‘‘Revisions to the California State 

Implementation Plan, California Air 

Resources Board Consumer Products 

Regulations.’’ The proposed rule was 

initially published in the Federal 

Register on June 26, 2009. Written 

comments on the proposed rule were to 

be submitted to EPA on or before July 

27, 2009 (30-day comment period). The 

EPA is extending the public comment 

period until August 27, 2009. 

DATES: The comment period for the 

proposed rule published June 26, 2009 

(74 FR 30481), is extended. Comments 

must be received on or before August 

27, 2009. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2009–0353, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. 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. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Stanley Tong, EPA Region IX, (415) 

947–4122, tong.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was signed by the Acting 

Regional Administrator on June 17, 

2009 and published in the Federal 

Register on June 26, 2009 (74 FR 30481). 

The proposed action provided a 30- 

day public comment period. EPA has 

received a request for an additional 30 

days to comment on the proposed rule 

and is granting that request. Therefore, 

EPA is extending the comment period 

until August 27, 2009. 

Dated: July 17, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–17832 Filed 7–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2008–0080; FRL–8935–1] 

RIN 2060–AO98 

National Emission Standards for 

Hazardous Air Pollutants for Area 

Sources: Prepared Feeds 

Manufacturing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing national 

emissions standards for control of 

hazardous air pollutants from prepared 

feeds manufacturing facilities. The 

proposed emissions standards for new 

and existing sources are based on EPA’s 

proposed determination as to what 

constitutes the generally available 

control technology or management 

practices for the area source category. 

DATES: Comments must be received on 

or before August 26, 2009, unless a 

public hearing is requested by August 6, 

2009. If a hearing is requested on the 

proposed rules, written comments must 

be received by September 10, 2009. 

Under the Paperwork Reduction Act, 

comments on the information collection 

provisions must be received by Office of 

Management and Budget (OMB) on or 

before August 26, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0080, may be submitted by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web Site: http:// 

www.epa.gov/oar/docket.html. Follow 

the instructions for submitting 

comments on the EPA Air and Radiation 

Docket Web Site. 

• E-mail: Comments may be sent by 

electronic mail (e-mail) to a-and-rdocket@epa.gov, include Docket ID No. 

EPA–HQ–OAR–2008–0080 in subject 

line of the message. 

• Fax: Fax your comments to: (202) 

566–9744, Docket ID No. EPA–HQ– 

OAR–2008–0080. 

• Mail: Send your comments to: Air 

and Radiation Docket and Information 

Center, Environmental Protection 

Agency, Mailcode: 2822T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460, Docket ID No. EPA–HQ– 

OAR–2008–0080. Please include a total 

of two copies. In addition, please mail 

a copy of your comments on the 

information collection provisions to the 

Office of Information and Regulatory 


hsrobinson on PROD1PC76 with PROPOSALS