[Federal Register: July 8, 2010 (Volume 75, Number 130)]
[Notices]
[Page 39254-39256]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy10-86]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2009-0443; FRL-9173-7]
EPA Responses to State and Tribal 2008 Lead Designation
Recommendations: Notice of Availability and Public Comment Period
AGENCY: Environmental Protection Agency (EPA).
[[Page 39255]]
ACTION: Notice of availability and public comment period.
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SUMMARY: Notice is hereby given that the EPA has posted its responses
to state and tribal designation recommendations for the 2008 Lead (Pb)
National Ambient Air Quality Standards (NAAQS) on the EPA Internet Web
Site. EPA invites public comments on its responses during the comment
period specified in the DATES section. EPA sent responses directly to
the states and tribes on or about June 15, 2010, and plans to make
final designation determinations for the 2008 Pb NAAQS by October 15,
2010.
DATES: Comments must be received on or before August 16, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0443, by one of the following methods:
http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-docket@epa.gov. Attention Docket ID No.
EPA-HQ-OAR-2009-0443.
Fax: 202-566-9744. Attention Docket ID No. EPA-HQ-OAR-
2009-0443.
Mail: Air Docket, Attention Docket ID No. EPA-HQ-OAR-2009-
0443, Environmental Protection Agency, Mail Code: 6102T, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
Hand Delivery: EPA Docket Center, 1301 Constitution
Avenue, NW., Room 3334, 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-OAR-
2009-0443. The 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
regulations.gov or e-mail. The http://www.regulations.gov Web Site is
``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 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 is unable to read your comment and
contact you for clarification due to technical difficulties, 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. For additional instructions on submitting
comments, go to Section II of the SUPPLEMENTARY INFORMATION section of
this document.
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, 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 http://
www.regulations.gov or in hard copy at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Avenue, 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 Air
Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: For general questions concerning this
action, please contact Rhonda Wright, U.S. EPA, Office of Air Quality
Planning and Standards, Air Quality Planning Division, C504-01,
Research Triangle Park, NC 27711, telephone (919) 541-1087, e-mail at
wright.rhonda@epa.gov. For questions regarding EPA Region 1, please
contact Robert McConnell, U.S. EPA, telephone (617) 918-1046, e-mail at
mcconnell.robert@epa.gov. For questions regarding EPA Region 2, please
contact Mazeeda Khan, U.S. EPA, telephone (212) 637-3715, e-mail at
khan.mazeeda@epa.gov. For questions regarding EPA Region 3, please
contact Melissa Linden, U.S. EPA, telephone (215) 814-2096, e-mail at
linden.melissa@epa.gov. For questions regarding EPA Region 4, please
contact Lynorae Benjamin, U.S. EPA, telephone (404) 562-9040, e-mail at
benjamin.lynorae@epa.gov. For questions regarding EPA Region 5, please
contact Andy Chang, U.S. EPA, telephone (312) 886-0258, e-mail at
chang.andy@epa.gov. For questions regarding EPA Region 6, please
contact Emad Shahin, U.S. EPA, telephone (214) 665-6717, e-mail at
shahin.emad@epa.gov. For questions regarding EPA Region 7, please
contact Stephanie Doolan, U.S. EPA, telephone (913) 551-7719, e-mail at
doolan.stephanie@epa.gov. For questions regarding EPA Region 8, please
contact Kevin Leone, U.S. EPA, telephone (303) 312-6227, e-mail at
leone.kevin@epa.gov. For questions regarding EPA Region 9, please
contact Ginger Vagenas, U.S. EPA, telephone (415) 972-3964, e-mail at
vagenas.ginger@epa.gov. For questions regarding EPA Region 10, please
contact Steve Body, U.S. EPA, telephone (206) 553-0782, e-mail at
body.steve@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI only to the following address: Roberto Morales, U.S.
EPA, Office of Air Quality Planning and Standards, Mail Code C404-02,
Research Triangle Park, NC 27711, telephone (919) 541-0880, e-mail at
morales.roberto@epa.gov, Attention Docket ID No. EPA-HQ-OAR-2009-0443.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions. The Agency may ask you to respond to
specific questions
[[Page 39256]]
or organize comments by referencing a Code of Federal Regulations (CFR)
part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
II. Background
The process for designating areas following promulgation of a new
or revised NAAQS is contained in Clean Air Act (CAA) Section 107(d) (42
U.S.C. 7407). Following the promulgation of a new or revised standard,
each Governor or Tribal Leader has an opportunity to recommend air
quality designations, including the appropriate boundaries for
nonattainment areas, to EPA. EPA considers these recommendations as
part of its duty to promulgate the formal area designations and
boundaries for the new or revised standards. By no later than 120 days
prior to promulgating designations, EPA is required to notify states or
tribes of any intended modification to an area designation or boundary
recommendation that EPA deems necessary. On or about June 15, 2010, EPA
notified states and tribes of its intended area designations for the
2008 Pb NAAQS. (Go to Section III of this notice for information
relating to accessing EPA's designation recommendations.) States and
tribes now have an opportunity to demonstrate why they believe a
modification proposed by EPA may be inappropriate. In these responses,
EPA has encouraged states and tribes to provide comments and additional
information for consideration by EPA in finalizing designations. EPA
plans to make final designation determinations for the 2008 Pb NAAQS by
October 15, 2010.
The purpose of this notice is to solicit public comments from
interested parties other than states and tribes on EPA's recent
responses to the state and tribal designation recommendations for the
2008 Pb NAAQS. CAA Section 107(d) provides a process for designations
that involves recommendations by states and tribes to EPA and responses
from EPA to those parties, prior to EPA promulgating final designations
and boundaries. EPA is not required under CAA Section 107(d) to seek
public comment during the designation process, but is electing to do so
for the 2008 Pb NAAQS in order to gather additional information for EPA
to consider before making final designations. EPA invites public
comment on its responses to states and tribes during the 30-day comment
period provided in this notice. Due to the statutory timeframe for
promulgating designations set out in CAA Section 107(d), EPA will not
be able to consider any comments submitted after August 16, 2010,
notwithstanding what may have appeared in any state-specific
announcements. This notice and opportunity for public comment does not
affect any rights or obligations of any state, tribe or the EPA which
might otherwise exist pursuant to CAA Section 107(d).\1\
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\1\ States have their own public comment period before sending
EPA their recommendations; therefore, states may ask for comment on
their designation recommendation before sending it to EPA.
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Please refer to the ADDRESSES section above in this document for
specific instructions on submitting comments and locating relevant
public documents.
In providing comments to EPA please consider the agency's charge
under CAA section 107(d). Under this section, EPA is obligated to
identify every area as attainment, nonattainment, or unclassifiable.
Further, in establishing nonattainment area boundaries, the agency is
required to identify the area that does not meet the 2008 Pb standard
and any nearby area that is contributing to the area that does not meet
that standard. We are particularly interested in receiving comments,
supported by relevant information, if you believe that a specific
geographic area that EPA is proposing to identify as a nonattainment
area should not be categorized by the section 107(d) criteria as
nonattainment, or if you believe that a specific area not proposed by
EPA to be identified as a nonattainment area should in fact be
categorized as nonattainment using the section 107(d) criteria. Please
be as specific a possible in supporting your views.
Describe any assumptions and provide any technical
information and/or data that you used.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
III. Internet Web Site for EPA's State and Tribal Designations
Recommendations and Rulemaking Information
The EPA has also established a Web Site for this rulemaking at
http://www.epa.gov/leaddesignations. The Web Site includes EPA's state
and tribal designation recommendations, information supporting EPA's
preliminary designation decisions, as well as the rulemaking actions
and other related information that the public may find useful.
Dated: June 30, 2010.
Jennifer Noonan Edmonds,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2010-16700 Filed 7-7-10; 8:45 am]
BILLING CODE 6560-50-P