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Wednesday,August 24, 2005

Part II

EnvironmentalProtection Agency

40 CFR Part 51, et al.Rulemaking on Section 126 Petition FromNorth Carolina To Reduce InterstateTransport of Fine Particulate Matter andOzone; Federal Implementation Plans ToReduce Interstate Transport of FineParticulate Matter and Ozone; Revisionsto the Clean Air Interstate Rule; Revisionsto the Acid Rain Program; Proposed Rule

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Federal Register

/Vol. 70, No. 163/Wednesday, August 24, 2005/Proposed Rules

ENVIRONMENTAL PROTECTIONAGENCY40 CFR Parts 51, 52, 72, 73, 74, 78, 96,and 97

[OAR–2004–0076; FRL–7948–3]RIN 2060–AM99

Rulemaking on Section 126 PetitionFrom North Carolina To ReduceInterstate Transport of Fine ParticulateMatter and Ozone; FederalImplementation Plans To ReduceInterstate Transport of Fine ParticulateMatter and Ozone; Revisions to theClean Air Interstate Rule; Revisions tothe Acid Rain Program

AGENCY

Environmental ProtectionAgency (EPA).

ACTION

Notice of proposed rulemaking(NPR).

SUMMARY

Today, EPA is proposingactions to address the interstatetransport of emissions of nitrogenoxides (NO

) and sulfur dioxide (SO

)that contribute significantly tononattainment and maintenanceproblems with respect to the nationalambient air quality standards (NAAQS)for fine particulate matter (PM

2.5

) and 8-hour ozone. As one part of today’saction, EPA is proposing its response toa petition submitted to EPA by the Stateof North Carolina under section 126 of the Clean Air Act (CAA). The petitionrequests that EPA find that SO

and/orNO

emissions from electric generatingunits (EGUs) in 13 States aresignificantly contributing to PM

2.5

and/ or 8-hour ozone nonattainment andmaintenance problems in NorthCarolina, and requests that EPAestablish control requirements toprohibit such significant contribution.The EPA’s proposed response is basedon extensive analyses conducted for therecently issued Clean Air Interstate Rule(CAIR). The EPA is proposing to denythe petition for sources in States notshown to be linked to nonattainmentand maintenance problems in NorthCarolina under the CAIR. For sources inStates that are linked to North Carolinaunder the CAIR, EPA is proposing in thealternative to deny the petition if EPApromulgates Federal implementationplans (FIPs) to address the interstatetransport no later than the final section126 response or to grant the petition if EPA does not promulgate the FIPs priorto or concurrently with the section 126response. The EPA’s preferred option isto promulgate the FIP concurrently withthe final section 126 response.In today’s action, EPA is alsoproposing FIPs for all jurisdictions thatare covered by the CAIR. The FIPswould regulate EGUs in the affectedStates and achieve the emissionsreductions requirements established bythe CAIR until States have approvedState implementation plans (SIPs) toachieve the reductions. The EPAintends the FIP to satisfy the concernscited in the section 126 petition andprovide a Federal backstop for the CAIR.In no way should the FIP for CAIR beviewed as a sign of any concern aboutStates meeting the SIP responsibilitiesunder CAIR.As the control requirements for boththe section 126 action and the FIP, EPAis proposing Federal NO

and SO

trading programs that provide emissionsreductions equal to those requiredunder the CAIR in affected States.The Section 126 and FIP actionswould not constrain States in theirselection of control strategies to meetthe CAIR. The EPA intends to withdrawsection 126 or FIP requirements in aState if that State submits and EPAapproves a SIP meeting therequirements of CAIR.Today’s action also proposes revisionsto the CAIR in order to address theinteraction between the EPA-administered Federal CAIR tradingprograms proposed today and the EPA-administered State CAIR tradingprograms that will be created by anyState that elects to submit a SIPestablishing such a trading program tomeet the requirements of the CAIR. Inaddition, EPA is proposing revisions tothe CAIR to correct certain minor errors.Today’s action also proposes revisionsto the Acid Rain Program in order tomake the administrative appealsprocedures, which currently apply tofinal determinations by theAdministrator under the EPA-administered State CAIR tradingprograms, also apply to the EPA-administered trading programs underthe section 126 and FIP actions. Inaddition, we are proposing certainminor revisions to the Acid RainProgram that would apply to all affectedunits.

DATES

Comments must be received onor before October 24, 2005. Publichearings will be held on September 15,2005 in Washington, DC and onSeptember 14, 2005 in ResearchTriangle Park, North Carolina. Pleaserefer to

SUPPLEMENTARY INFORMATION

foradditional information on the commentperiod and the public hearings.

ADDRESSES

Submit your comments,identified by Docket ID No. OAR–2004–0076, by one of the following methods:

•

Federal eRulemaking Portal:

http:// www.regulations.gov.

Follow the on-lineinstructions for submitting comments.

•

Agency Web site:

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

EDOCKET, EPA’selectronic public docket and commentsystem, is EPA’s preferred method forreceiving comments. Follow the on-lineinstructions for submitting comments.

•

E-mail:

A-and-R-Docket@epa.gov.

•

Mail: Air Docket, Attention: DocketNo. OAR–2004–0076, EnvironmentalProtection Agency, Mailcode: 6102T,1200 Pennsylvania Ave., NW.,Washington, DC 20460.

•

Hand Delivery: EPA Docket Center,1301 Constitution Avenue, NW., RoomB102, Washington, DC. Such deliveriesare only accepted during the Docket’snormal hours of operation, and specialarrangements should be made fordeliveries of boxed information

Instructions:

Direct your comments toDocket ID No.: OAR–2004–0076. TheEPA’s policy is that all commentsreceived will be included in the publicdocket without change and may bemade available online at

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

including anypersonal information provided, unlessthe comment includes informationclaimed to be Confidential BusinessInformation (CBI) or other informationwhose disclosure is restricted by statute.Do not submit information that youconsider to be CBI or otherwiseprotected through EDOCKET,regulations.gov, or e-mail. The EPAEDOCKET and the Federalregulations.gov Web sites are‘‘anonymous access’’ systems, whichmeans EPA will not know your identityor contact information unless youprovide it in the body of your comment.If you send an e-mail comment directlyto EPA without going throughEDOCKET or regulations.gov, your e-mail address will be automaticallycaptured and included as part of thecomment that is placed in the publicdocket and made available on theInternet. If you submit an electroniccomment, EPA recommends that youinclude your name and other contactinformation in the body of yourcomment and with any disk or CD–ROMyou submit. If EPA cannot read yourcomment due to technical difficultiesand cannot contact you for clarification,EPA may not be able to consider yourcomment. Electronic files should avoidthe use of special characters, any formof encryption, and be free of any defectsor viruses. For additional informationabout EPA’s public docket visitEDOCKET on-line or see the

FederalRegister

of May 31, 2002 (67 FR 38102).For additional instructions onsubmitting comments, go to the

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Federal Register

/Vol. 70, No. 163/Wednesday, August 24, 2005/Proposed Rules

SUPPLEMENTARY INFORMATION

section of this document.Docket: All documents in the docketare listed in the EDOCKET index at

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

Althoughlisted in the index, some information isnot publicly available,

i.e.

, CBI or otherinformation whose disclosure isrestricted by statute. Certain othermaterial, such as copyrighted material,is not placed on the Internet and will bepublicly available only in hard copyform. Publicly available docketmaterials are available eitherelectronically in EDOCKET or in hardcopy at the EPA Docket Center, EPAWest, Room B102, 1301 ConstitutionAvenue, NW., Washington, DC. ThePublic Reading Room is open from 8:30a.m. to 4:30 p.m., Monday throughFriday, excluding legal holidays. Thetelephone number for the PublicReading Room is (202) 566–1744, andthe telephone number for the Air Docketis (202) 566–1742.

FOR FURTHER INFORMATION CONTACT

Forgeneral questions concerning today’ssection 126 action, please contact CarlaOldham, U.S. EPA, Office of Air QualityPlanning and Standards, Air QualityStrategies and Standards Division,C539–02, Research Triangle Park, NC27711, telephone (919) 541–3347, e-mailat

oldham.carla@epa.gov.

For generalquestions concerning today’s FIP action,please contact Tom Coda, U.S. EPA,Office of Air Quality Planning andStandards, Air Quality Strategies andStandards Division, C539–02, ResearchTriangle Park, NC 27711, telephone(919) 541–3037, e-mail at

coda.tom@epa.gov.

For legal questionsconcerning the section 126 action,please contact Steven Silverman, U.S.EPA, Office of General Counsel, MailCode 2344A, 1200 PennsylvaniaAvenue, NW., Washington, DC 20460,telephone (202) 564–5523,e-mail at

silverman.steven@epa.gov.

For legalquestions concerning the FIP action,please contact Sonja Petersen, U.S. EPA,Office of General Counsel, Mail Code2344A, 1200 Pennsylvania Avenue,NW., Washington, DC, 20460, telephone(202) 564–4097, e-mail at

petersen.sonja@epa.gov.

For questionsregarding the cap and trade programsand emissions budgets, please contactMeg Victor, U.S. EPA, Office of Atmospheric Programs, Clean AirMarkets Division, Mail Code 6204J,1200 Pennsylvania Avenue, NW.,Washington, DC, 20460, telephone (202)343–9193, e-mail at

victor.meg@epa.gov.

For questions regarding the revisions tothe CAIR and Acid Rain Programs,please contact Dwight Alpern, U.S. EPA,Office of Atmospheric Programs, CleanAir Markets Division, Mail Code 6204J,1200 Pennsylvania Avenue, NW.,Washington, DC, 20460, telephone (202)343–9151, e-mail at

alpern.dwight@epa.gov.

For questionsregarding analyses required by statutesand executive orders, please contactRon Evans, U.S. EPA, Office of AirQuality Planning and Standards, AirQuality Strategies and StandardsDivision, Mail Code C339–01, ResearchTriangle Park, NC, 27711, telephone(919) 541–5488, e-mail at

evans.ron@epa.gov.

SUPPLEMENTARY INFORMATION

I. Does This Action Apply to Me?

Categories and entities potentiallyregulated by this action include thefollowing:

CategoryNAICScode

Examples of potentiallyregulated entitiesIndustry ........................................................................................... 221112 Fossil fuel-fired electric utility steam generating units.Federal government .......................................................................

221122 Fossil fuel-fired electric utility steam generating units owned bythe Federal government.State/local/Tribal government .........................................................

221122 Fossil fuel-fired electric utility steam generating units owned bymunicipalities.921150 Fossil fuel-fired electric utility steam generating units in IndianCountry.

North American Industry Classification System.

Federal, State, or local government-owned and operated establishments are classified according to the activity in which they are engaged.

This table is not intended to beexhaustive, but rather provides a guidefor readers regarding entities likely to beregulated by this action. To determinewhether your facility could potentiallybe affected by this action, you shouldexamine the definitions andapplicability criteria in §§72.2, 72.6,72.7, 72.8, and 74.2 for purposes of theAcid Rain Program revisions andproposed §§97.102, 97.104, 97.105,97.202, 97.204, 97.205, 97.302, 97.304,and 97.305 for purposes of the section126 and FIP actions. If you have anyquestions regarding the applicability of this action to a particular entity, consultthe person listed in the precedingsection under

FOR FURTHER INFORMATION

CONTACT

II. What Should I Consider as I PrepareMy Comments for EPA?

1. Submitting CBI. Do not submitcomments that include CBI to EPAthrough EDOCKET, regulations.gov or e-mail. Clearly mark the part or all of theinformation that you claim to be CBI.For CBI information in a disk or CD–ROM that you mail to EPA, mark theoutside of the disk or CD–ROM as CBIand then identify electronically withinthe disk or CD–ROM the specificinformation that is claimed as CBI. Inaddition to one complete version of thecomment that includes informationclaimed as CBI, a copy of the commentthat does not contain the informationclaimed as CBI must be submitted forinclusion in the public docket.Information so marked will not bedisclosed except in accordance withprocedures set forth in 40 CFR part 2.Send or deliver information identifiedas CBI only to the following address:Roberto Morales, U.S. EPA, Office of AirQuality Planning and Standards, MailCode C404–02, Research Triangle Park,NC 27711, telephone (919) 541–0880, e-mail at

morales.roberto@epa.gov

,Attention Docket ID No. OAR–2004–0076.2. Tips for Preparing Your Comments.When submitting comments, rememberto:i. Identify the rulemaking by docketnumber and other identifyinginformation (subject heading,

FederalRegister

date and page number).ii. Follow directions—The agencymay ask you to respond to specificquestions or organize comments byreferencing a Code of FederalRegulations (CFR) part or sectionnumber.iii. Explain why you agree or disagree;suggest alternatives and substitutelanguage for your requested changes.iv. Describe any assumptions andprovide any technical information and/ or data that you used.v. If you estimate potential costs orburdens, explain how you arrived atyour estimate in sufficient detail toallow for it to be reproduced.

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