[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Proposed Rules]
[Pages 82365-82370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32785]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-HQ-OAR-2010-1033; FRL-9244-8]
RIN-2060-AQ66
Determinations Concerning Need for Error Correction, Partial
Approval and Partial Disapproval, and Federal Implementation Plan
Regarding Texas Prevention of Significant Deterioration Program;
Proposed Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to correct its previous full approval of
Texas's Clean Air Act (CAA) Prevention of Significant Deterioration
(PSD) program to be a partial approval and partial disapproval and is
proposing a Federal Implementation Plan (FIP) for Texas. This action is
based on EPA's determination that Texas's PSD program is flawed because
the state did not address how the program would apply to all pollutants
that would become newly subject to regulation in the future, including
non-National Ambient Air Quality Standard (NAAQS) pollutants, among
them greenhouse gases (GHGs). The partial disapproval requires EPA to
promulgate a FIP and so EPA is also proposing a FIP in order to assure
that GHG-emitting sources in Texas are able to proceed with plans to
construct or expand. In the ``Rules'' section of this Federal Register,
we are taking this action including the FIP
[[Page 82366]]
through an interim final rule that is effective immediately.
DATES: Comments. Comments must be received on or before February 12,
2011.
Public Hearing: A public hearing will be held on January 14, 2011.
Please refer to SUPPLEMENTARY INFORMATION for additional information on
the comment period and public hearing.
ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2010-1033, by one of the following methods:
http://www.regulations.gov: Follow the online instructions
for submitting comments.
E-mail: epa.gov">a-and-r-docket@epa.gov.
Fax: (202) 566-9744.
Mail: Attention Docket ID No. EPA-HQ-OAR-2010-1033, U.S.
Environmental Protection Agency, EPA West (Air Docket), 1200
Pennsylvania Avenue, NW., Mail code: 6102T, Washington, DC 20460.
Please include a total of 2 copies.
Hand Delivery: U.S. Environmental Protection Agency, EPA
West (Air Docket), 1301 Constitution Avenue, Northwest, Room 3334,
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2010-1033.
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-
2010-1033. 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, avoid 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 U.S. Environmental
Protection Agency, Air Docket, EPA/DC, EPA West Building, 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 Air Docket is (202)
566-1742.
Public Hearing. The January 14, 2011, public hearing will be held
at Crowne Plaza Hotel Dallas Downtown, 1015 Elm Street, Dallas, Texas,
phone: (214) 742-5678. The public hearing will convene at 10 a.m. and
will end at 7 p.m. or until the last registered speaker has spoken.
Please refer to SUPPLEMENTARY INFORMATION for additional information on
the public hearing.
FOR FURTHER INFORMATION CONTACT: For information on this proposed rule,
contact Ms. Cheryl Vetter, 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-
4391; fax number: (919) 541-5509; e-mail address:
vetter.cheryl@mailto:epa.gov.
If you would like to present oral testimony at the public hearing,
please contact Ms. Pamela Long, U.S. Environmental Protection Agency,
Office of Air Quality Planning and Standards, Air Quality Planning
Division, (C504-03), Research Triangle Park, NC 27711, telephone (919)
541-0641, fax number (919) 541-5509, e-mail address: epa.gov">long.pam@epa.gov
(preferred method for registering), no later than January 12, 2011. If
using e-mail, please provide the following information: Time you wish
to speak (morning, afternoon, evening), name, affiliation, address, e-
mail address, and telephone and fax numbers.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
The only governmental entity potentially affected by this rule is
the State of Texas. Other entities potentially affected by this rule
also include sources in all industry groups within the State of Texas,
which have a direct obligation under the CAA to obtain a PSD permit for
GHGs for projects that meet the applicability thresholds set forth in
the Tailoring Rule.\1\ This independent obligation on sources is
specific to PSD and derives from CAA section 165(a). The majority of
entities potentially affected by this action are expected to be in the
following groups:
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\1\ ``Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule;'' Final Rule. 75 FR 31514 (June 3,
2010).
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Industry group NAICS \a\
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Utilities (electric, natural 2211, 2212, 2213
gas, other systems).
Manufacturing (food, 311, 312, 313, 314, 315, 316
beverages, tobacco,
textiles, leather).
Wood product, paper 321, 322
manufacturing.
Petroleum and coal products 32411, 32412, 32419
manufacturing.
Chemical manufacturing....... 3251, 3252, 3253, 3254, 3255, 3256, 3259
Rubber product manufacturing. 3261, 3262
Miscellaneous chemical 32552, 32592, 32591, 325182, 32551
products.
[[Page 82367]]
Nonmetallic mineral product 3271, 3272, 3273, 3274, 3279
manufacturing.
Primary and fabricated metal 3311, 3312, 3313, 3314, 3315, 3321, 3322,
manufacturing. 3323, 3324, 3325, 3326, 3327, 3328, 3329
Machinery manufacturing...... 3331, 3332, 3333, 3334, 3335, 3336, 3339
Computer and electronic 3341, 3342, 3343, 3344, 3345, 4446
products manufacturing.
Electrical equipment, 3351, 3352, 3353, 3359
appliance, and component
manufacturing.
Transportation equipment 3361, 3362, 3363, 3364, 3365, 3366, 3366,
manufacturing. 3369
Furniture and related product 3371, 3372, 3379
manufacturing.
Miscellaneous manufacturing.. 3391, 3399
Waste management and 5622, 5629
remediation.
Hospitals/nursing and 6221, 6231, 6232, 6233, 6239
residential care facilities.
Personal and laundry services 8122, 8123
Residential/private 8141
households.
Non-residential (commercial). Not available. Codes only exist for
private households, construction and
leasing/sales industries.
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\a\ North American Industry Classification System.
B. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this proposal will also be available on the World Wide Web. Following
signature by the EPA Administrator, a copy of this notice will be
posted on the EPA's NSR Web site, under Regulations & Standards, at
http://www.epa.gov/nsr.
C. 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, OAQPS
Document Control Officer (C404-02), U.S. EPA, Research Triangle Park,
NC 27711, Attention Docket ID No. EPA-HQ-OAR-2010-1033.
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 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.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
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.
D. What information should I be aware of if I plan to attend the public
hearing?
The January 14, 2011, public hearing will provide interested
parties the opportunity to present data, views, or arguments concerning
this proposal. The EPA may ask clarifying questions during the oral
presentations, but will not respond to the presentations at that time.
Written statements and supporting information submitted during the
comment period will be considered with the same weight as oral comments
and supporting information presented at the public hearing. Written
comments on the proposed rule must be postmarked by February 12, 2011,
30 days after the January 14, 2011 hearing. Commenters should notify
Ms. Long if they will need specific equipment, or if there are other
special needs related to providing comments at the hearing. The EPA
will provide equipment for commenters to show overhead slides or make
computerized slide presentations if we receive special requests in
advance. Oral testimony will be limited to 5 minutes for each
commenter. The EPA encourages commenters to provide EPA with a copy of
their oral testimony electronically (via e-mail or CD) or in hard copy
form. The hearing schedule, including lists of speakers, will be posted
on EPA's Web site http://www.epa.gov/nsr. Verbatim transcripts of the
hearing and written statements will be included in the docket for the
rulemaking. EPA will make every effort to follow the schedule as
closely as possible on the day of the hearing; however, please plan for
the hearing to run either ahead of schedule or behind schedule.
D. How is the preamble organized?
The information presented in this preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document and other related
information?
C. What should I consider as I prepare my comments for EPA?
D. How is the preamble organized?
II. Proposed Action
III. Statutory and Executive Order Reviews
A. Executive Order 12866--Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform
[[Page 82368]]
E. Executive Order 13132--Federalism
F. Executive Order 13175--Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045--Protection of Children from
Environmental Health Risks and Safety Risks
H. Executive Order 13211--Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898--Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. CAA Section 307(d)
IV. Statutory Authority
II. Proposed Action
We have published an interim final rule in the ``Rules'' section of
this Federal Register to revise our previous full approval of Texas's
PSD state implementation plan (SIP) to a partial approval and partial
disapproval (the ``Interim Final Rule''), and to implement a FIP to
apply the PSD program to those non-NAAQS pollutants to which the Texas
PSD program does not already apply. We have explained our reasons for
this action in the preamble to that rule. The reader is referred to the
Interim Final Rule for detailed information on this proposed action.
We solicit comment on all aspects of the rationale and legal basis
for our determination that the Texas PSD program was flawed at the time
we approved and therefore that we erred in approving it; and our
approach to correcting our error, i.e., converting our previous full
approval of the Texas PSD SIP to a partial approval and partial
disapproval using the error correction mechanism under CAA section
110(k)(6). This includes our finding that the Texas PSD SIP's failure
to address, or provide assurances of having adequate legal authority,
concerning the application of PSD to all pollutants newly subject to
regulation, including non-NAAQS pollutants, constitutes a flaw that
existed at the time that EPA granted full approval of that program in
1992. This also includes our legal authority and approach for
correcting our error in previously granting full approval of the Texas
PSD SIP, including relying on the error correction provisions under CAA
section 110(k)(6) and our general authority to reconsider our actions
under CAA sections 110 and 301(a). We also solicit comment on our
justification for proceeding with this rulemaking, including
promulgating and implementing the FIP, as soon as possible in order to
provide a permitting authority and thereby allow Texas sources to avoid
delays in construction and modification. Finally, EPA specifically
requests comments on the regulatory language included in the interim
final rule. We are not soliciting comment on, and will not address,
comments on issues addressed in what we call the Endangerment
Finding,\2\ the Light-Duty Vehicle Rule,\3\ the Johnson Memo
Reconsideration\4\ and the Tailoring Rule,\5\ or the 1978, 1980, or
2002 PSD rules.\6\ These issues include, but are not limited to, (i)
EPA's interpretation of the CAA as directly applying PSD requirements
to major emitting facilities independent of any SIP requirements, and
(ii) the applicability of PSD to non-NAAQS pollutants.
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\2\ ``Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act.'' 74 FR
66,496 (December 15, 2009).
\3\ ``Light-Duty Vehicle Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards; Final Rule.'' 75 FR 25,324
(May 7, 2010).
\4\ ``Interpretation of Regulations that Determine Pollutants
Covered by Clean Air Act Permitting Programs.'' 75 FR 17004 (April
2, 2010). This action finalizes EPA's response to a petition for
reconsideration of ``EPA's Interpretation of Regulations that
Determine Pollutants Covered by Federal Prevention of Significant
Deterioration (PSD) Permit Program'' (commonly referred to as the
``Johnson Memo''), December 18, 2008.
\5\ ``Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule; Final Rule.'' 75 FR 31514 (June 3,
2010).
\6\ 67 FR 80186 (Dec. 31, 2002); 45 FR 52676 (Aug. 7, 1980); 43
FR 26380 (June 19, 1978); and 43 FR 26388 (June 19, 1978).
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III. Statutory and Executive Order Reviews
A. Executive Order 12866--Regulatory Planning and Review
Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action'' because it raises
novel legal or policy issues. Accordingly, EPA submitted this action to
the Office of Management and Budget (OMB) for review under EO 12866 and
any changes made in response to OMB recommendations have been
documented in the docket for this action.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
The OMB has previously approved the information collection requirements
contained in the existing regulations for PSD (see, e.g., 40 CFR 52.21)
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. and has assigned OMB control number 2060-0003. The OMB control
numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this notice on small
entities, small entity is defined as: (1) A small business that is a
small industrial entity as defined in the U.S. Small Business
Administration (SBA) size standards (see 13 CFR 121.201); (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district, or special district with a population of less than
50,000; or (3) a small organization that is any not-for-profit
enterprise that is independently owned and operated and is not dominant
in its field.
After considering the economic impacts of this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. Although
this rule could lead to federal permitting requirements for certain
sources in Texas, those sources are large emitters of GHGs and tend to
be large sources. We continue to be interested in the potential impacts
of the proposed rule on small entities and welcome comments on issues
related to such impacts.
D. Unfunded Mandates Reform Act
This rule does not contain a federal mandate that may result in
expenditures of $100 million or more for state, local, and tribal
governments, in the aggregate, or the private sector in any one year.
The action may impose a duty on Texas to meet their existing obligation
for PSD SIP submittal, but with lesser expenditures. Thus, this
proposed rule is not subject to the requirements of sections 202 or 205
of UMRA.
This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action applies
only to Texas.
E. Executive Order 13132--Federalism
This action does not have federalism implications. It will not have
substantial direct effects on Texas, on the relationship between the
national
[[Page 82369]]
government and Texas, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132. With this action, EPA is only proposing to
revise its previous full approval of the Texas PSD SIP to be a partial
approval and partial disapproval to correct an error made in granting
full approval, and to put a FIP in place in order to assure that GHG-
emitting sources in Texas are able to proceed with plans to construct
or expand until Texas revises its SIP. Thus, Executive Order 13132 does
not apply to this action.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and state and local
governments, EPA specifically solicits comment on this proposed rule
from state and local officials.
F. Executive Order 13175--Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). In this action,
EPA is not addressing any tribal implementation plans. This action is
limited to Texas's PSD SIP. Thus, Executive Order 13175 does not apply
to this action.
Although Executive Order 13175 does not apply to this proposed
rule, EPA specifically solicits additional comment on this proposed
action from tribal officials.
G. Executive Order 13045--Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because EPA is only proposing to revise its previous full
approval of the Texas PSD SIP to be a partial approval and partial
disapproval to correct an error made in granting full approval, and to
put a FIP in place in order to assure that GHG-emitting sources in
Texas are able to proceed with plans to construct or expand.
H. Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355(May 22, 2001)), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. With this action, EPA is only proposing
to revise its previous full approval of the Texas PSD SIP to be a
partial approval and partial disapproval to correct an error made in
granting full approval, and to put a FIP in place in order to assure
that GHG-emitting sources in Texas are able to proceed with plans to
construct or expand.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
J. Executive Order 12898--Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the U.S.
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. With this action, EPA is only proposing to revise its
previous full approval of the Texas PSD SIP to be a partial approval
and partial disapproval to correct an error made in granting full
approval.
K. CAA section 307(d)(1)
Pursuant to section 307(d)(1)(B) and (V) of the CAA, the
Administrator determines that this action is subject to the provisions
of section 307(d). Section 307(d)(1)(B) provides that the provisions of
section 307(d) apply to the promulgation or a FIP by the Administrator
under CAA section 110(c) and section 307(d)(1)(V) provides that the
provisions of section 307(d) apply to ``such other actions as the
Administrator may determine.''
IV. Statutory Authority
The statutory authority for this action is provided by sections
101, 110, 114, 116, and 301 of the CAA as amended (42 U.S.C. 7401,
7410, 7414, 7416, and 7601).
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon dioxide, Carbon dioxide equivalents,
Carbon monoxide, Environmental protection, Greenhouse gases,
Hydrofluorocarbons, Incorporation by reference, Intergovernmental
relations, Lead, Methane, Nitrogen dioxide, Nitrous oxide, Ozone,
Particulate matter, Perfluorocarbons, Reporting and recordkeeping
requirements, Sulfur hexafluoride, Sulfur oxides, Volatile organic
compounds.
Dated: December 23, 2010.
Lisa P. Jackson,
Administrator.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.2305 is added to read as follows:
Sec. 52.2305 What are the requirements of the Federal Implementation
Plan (FIP) to issue permits under the Prevention of Significant
Deterioration requirements to sources that emit greenhouse gases?
(a) The requirements of sections 160 through 165 of the Clean Air
Act are not met to the extent the plan, as approved, for Texas does not
apply with respect to emissions of the pollutant GHGs from certain
stationary sources. Therefore, the provisions of Sec. 52.21 except
paragraph (a)(1) are hereby made a part of the plan for Texas for:
(1) Beginning on [THE EFFECTIVE DATE OF THE FINAL RULE], the
pollutant GHGs from stationary sources described in Sec.
52.21(b)(49)(iv), and
[[Page 82370]]
(2) Beginning July 1, 2011, in addition to the pollutant GHGs from
sources described under paragraph (a)(1) of this section, stationary
sources described in Sec. 52.21(b)(49)(v).
(b) For purposes of this section, the ``pollutant GHGs'' refers to
the pollutant GHGs, as described in Sec. 52.21(b)(49)(i).
(c) In addition, the United States Environmental Protection Agency
shall take such action as is appropriate to assure the application of
PSD requirements to sources in Texas for any other pollutants that
become subject to regulation under the federal Clean Air Act for the
first time after January 2, 2011.
[FR Doc. 2010-32785 Filed 12-29-10; 8:45 am]
BILLING CODE 6560-50-P