[Federal Register: August 11, 2010 (Volume 75, Number 154)]
[Notices]
[Page 48719-48720]
[DOCID:fr11au10-80]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1923-DR; Docket ID FEMA-2010-0002]

Wyoming; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Wyoming (FEMA-1923-DR), dated July 14, 2010, and
related determinations.

DATES: Effective Date: August 4, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,

Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Wyoming is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of July 14, 2010.

    Platte County for Public Assistance.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-19844 Filed 8-10-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: May 14, 2008 (Volume 73, Number 94)]
[Rules and Regulations]
[Page 27725-27727]
[DOCID:fr14my08-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30607; Amdt. No 3268]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This Rule establishes, amends, suspends, or revokes STANDARD
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective May 14, 2008. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 14, 2008.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability_All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit nfdc.faa.gov to register. Additionally,
individual SIAP and Takeoff Minimums and ODP copies may be obtained
from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Divisions,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. This, the
advantages of incorporation by reference are realized and publication
of the complete description of each SIAP, Takeoff Minimums and ODP
listed on FAA forms is unnecessary. This amendment provides the
affected CFR sections and specifies the types of SIAPs and the
effective dates of the, Associated Takeoff Minimums and ODPs. This
amendment also identifies the airport and its location, the procedure,
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule `` under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979); and
(3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC on May 2, 2008.
James J. Ballough,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Under Title 14,
Code of Federal Regulations, Part 97 (14 CFR

part 97) is amended by establishing, amending, suspending, or revoking
Standard Instrument Approach Procedures and/or Takeoff Minimums and/or
Obstacle Departure Procedures effective at 0902 UTC on the dates
specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

* * * Effective 5 JUN 2008

Blytheville, AR, Blytheville Muni, RNAV (GPS) RWY 18, Orig
Blytheville, AR, Blytheville Muni, RNAV (GPS) RWY 36, Orig
Blytheville, AR, Blytheville Muni, NDB RWY 18, Amdt 3
Blytheville, AR, Blytheville Muni, GPS RWY 36, Orig-A, CANCELLED
Blytheville, AR, Blytheville Muni, Takeoff and Minimums and Obstacle
DP, Orig
Carlisle, AR, Carlisle Muni, RNAV (GPS) RWY 9, Orig
Carlisle, AR, Carlisle Muni, RNAV (GPS) RWY 27, Orig
Carlisle, AR, Carlisle Muni, GPS RWY 9, Amdt 1A, CANCELLED
Carlisle, AR, Carlisle Muni, Takeoff Minimums and Obstacle DP, Orig
Conway, AR, Dennis R. Cantrell Field, Takeoff Minimums and Obstacle
DP, Amdt 1
Mena, AR, Intermountain Muni, ILS OR LOC RWY 27, Amdt 1
Mena, AR, Intermountain Muni, NDB RWY 27, Amdt 1
Hollister, CA, Hollister Muni, RNAV (GPS) RWY 31, Orig
Hollister, CA, Hollister Muni, GPS RWY 31, Amdt 1, CANCELLED
Hollister, CA, Hollister Muni, Takeoff Minimums and Obstacle DP,
Amdt 1
Hazlehurst, GA, Hazlehurst, Takeoff Minimums and Obstacle DP, Orig
Agana, Guam, Guam Intl, ILS OR LOC RWY 6R, Orig
Decorah, IA, Decorah Muni, NDB RWY 29, Amdt 1
Decorah, IA, Decorah Muni, Takeoff Minimums and Obstacle DP, Amdt 1
Grinnell, IA, Grinnell Rgnl, RNAV (GPS) RWY 13 Amdt 1
Grinnell, IA, Grinnell Rgnl, RNAV (GPS) RWY 31, Amdt 1
Grinnell, IA, Grinnell Rgnl, NDB RWY 13, Amdt 4
Grinnell, IA, Grinnell Rgnl, VOR/DME RWY 31, Amdt 4
Grinnell, IA, Grinnell Rgnl, Takeoff Minimums and Obstacle DP, Amdt
1
Arco, ID, Arco-Butte County, Takeoff Minimums and Obstacle DP, Amdt
1
Grangeville, ID, Idaho County, Takeoff Minimums and Obstacle DP,
Amdt 1
Goshen, IN, Goshen Muni, ILS OR LOC RWY 27, Amdt 1
Goshen, IN, Goshen Muni, RNAV (GPS) RWY 27, Orig
Goshen, IN, Goshen Muni, VOR RWY 27, Amdt 7
Goshen, IN, Goshen Muni, Takeoff Minimums and Obstacle DP, Orig
Indianapolis, IN, Hendricks County-Gordon Graham Fld, RNAV (GPS) RWY
18, Orig
Indianapolis, IN, Hendricks County-Gordon Graham Fld, Takeoff
Minimums and Obstacle DP, Orig
Ulyssess, KS, Ulyssess, RNAV (GPS) RWY 12, Amdt 1
Ulyssess, KS, Ulyssess, RNAV (GPS) RWY 30, Amdt 1
Baton Rogue, LA, Baton Rogue Metro, Ryan Field, ILS OR LOC RWY 22R,
Amdt 10
Homer, LA, Homer Muni, RNAV (GPS) RWY 12, AMDT 1
Homer, LA, Homer Muni, RNAV (GPS) RWY 30, AMDT 1
Homer, LA, Homer Muni, Takeoff Minimums and Obstacle DP, Orig
New Roads, LA, False River Rgnl, RNAV (GPS) RWY 18, Orig
New Roads, LA, False River Rgnl, RNAV (GPS) RWY 36, Orig
New Roads, LA, False River Rgnl, VOR/DME-A, Amdt 4
New Roads, LA, False River Rgnl, GPS RWY 18, Orig-A, CANCELLED
New Roads, LA, False River Rgnl, Takeoff Minimums and Obstacle DP,
Orig
Oakland, MD, Garrett County, VOR RWY 27, Amdt 4
Detroit, MI, Detroit Metropolitan Wayne County, NDB RWY 3L, Amdt
12D, CANCELLED
Oscoda, MI, Oscoda-Wurtsmith, RNAV (GPS) RWY 6, Orig
Oscoda, MI, Oscoda-Wurtsmith, VOR RWY 6, Amdt 1
Oscoda, MI, Oscoda-Wurtsmith, Takeoff Minimums and Obstacle DP, Orig
Ainsworth, NE, Ainsworth Muni, RNAV (GPS) RWY 13, Orig
Ainsworth, NE, Ainsworth Muni, RNAV (GPS) RWY 17, Amdt 1
Ainsworth, NE, Ainsworth Muni, RNAV (GPS) RWY 31, Orig
Ainsworth, NE, Ainsworth Muni, RNAV (GPS) RWY 35, Amdt 1
Ainsworth, NE, Ainsworth Muni, Takeoff Minimums and Obstacle DP,
Orig
Columbus, NE, Columbus Muni, VOR RWY 14, Amdt 14A
Cozad, NE, Cozad Muni, RNAV (GPS) RWY 13, Amdt 1
Cozad, NE, Cozad Muni, RNAV (GPS) RWY 31, Amdt 1
Cozad, NE, Cozad Muni, Takeoff Minimums and Obstacle DP, Amdt 1
Nebraska City, NE, Nebraska City Muni, RNAV (GPS) RWY 15, Orig
Nebraska City, NE, Nebraska City Muni, RNAV (GPS) RWY 33, Orig
Nebraska City, NE, Nebraska City Muni, GPS RWY 33, Amdt 1, CANCELLED
Nebraska City, NE, Nebraska City Muni, Takeoff and Minimums and
Obstacle DP, Orig
Plattsmouth, NE, Plattsmouth Muni, RNAV (GPS) RWY 16, Amdt 1
Plattsmouth, NE, Plattsmouth Muni, RNAV (GPS) RWY 34, Amdt 1
Plattsmouth, NE, Plattsmouth Muni, NDB RWY 34 Amdt 1
Portsmouth, NH, Portsmouth Intl at Pease, RADAR-1, Amdt 1
Andover, NJ, Aeroflex-Andover, VOR-A, Amdt 8
Andover, NJ, Aeroflex-Andover, RNAV (GPS) RWY 3, Amdt 1
Albuquerque, NM, Albuquerque Intl Sunport, Takeoff Minimums and
Obstacle DP, Amdt 5
Olean, NY, Cattaraugus County-Olean, LOC RWY 22, Amdt 6
Cleveland, OH, Cleveland-Hopkins Intl, ILS OR LOC RWY 6R, Amdt 20
Cleveland, OH, Cleveland-Hopkins Intl, LDA/DME RWY 6R, Amdt 1
Cleveland, OH, Cleveland-Hopkins Intl, RNAV (GPS) RWY 6R, Amdt 2
Delaware, OH, Delaware Muni, RNAV (GPS) RWY 10, Orig
Delaware, OH, Delaware Muni, RNAV (GPS) RWY 28, Orig
Delaware, OH, Delaware Muni, GPS RWY 10, Orig-A, CANCELLED
Delaware, OH, Delaware Muni, GPS RWY 28, Orig-A, CANCELLED
Springfield, OH, Springfield-Beckley Muni, VOR RWY 24, Amdt 11
Springfield, OH, Springfield-Beckley Muni, VOR/DME RWY 33, Orig
Springfield, OH, Springfield-Beckley Muni, ILS OR LOC RWY 24, Amdt 1
Hinton, OK, Hinton, Muni, RNAV (GPS) RWY 17, Amdt 1
Hinton, OK, Hinton, Muni, RNAV (GPS) RWY 35, Amdt 1
Hinton, OK, Hinton, Muni, Takeoff and Minimums and Obstacle DP, Orig
Tahlequah, OK, Tahlequah Muni, RNAV (GPS) RWY 17, Amdt 1
Tahlequah, OK, Tahlequah Muni, RNAV (GPS) RWY 35, Amdt 1
Tahlequah, OK, Tahlequah Muni, Takeoff Minimums and Obstacle DP,
Amdt 1
Dubois, PA, Dubois Regional, ILS OR LOC RWY 25, Amdt 8
Dubois, PA, Dubois Regional, RNAV (GPS) RWY 25, Orig
Reedsville, PA, Mifflin County, Takeoff Minimums and Obstacle DP,
Amdt 3
Somerset, PA, Somerset County, NDB RWY 25, Amdt 6
Somerset, PA, Somerset County, LOC/NDB RWY 25, Amdt 4
Waynesburg, PA, Greene County, RNAV (GPS) RWY 9, Orig
Waynesburg, PA, Greene County, RNAV (GPS) RWY 27, Orig
Smithville, TN, Smithville Muni, RNAV (GPS) RWY 6, Amdt 1
Smithville, TN, Smithville Muni, RNAV (GPS) RWY 24, Amdt 1
Smithville, TN, Smithville Muni, Takeoff Minimums and Obstacle DP,
Orig
Angleton/Lake Jackson, TX, Brazoria County, Takeoff and Minimums and
Obstacle DP, Amdt 1
Brownsville, TX, Brownsville/South Padre Island Intl, RNAV (GPS) RWY
13R, Amdt 1
Galveston, TX, Scholes Intl at Galveston, Takeoff and Minimums and
Obstacle DP, Amdt 4
Houston, TX, David Wayne Hooks Memorial, Takeoff and Minimums and
Obstacle DP, Amdt 3
Houston, TX, Ellington Field, RNAV (GPS) RWY 4, Amdt 1

Houston, TX, Ellington Field, Takeoff and Minimums and Obstacle DP,
Amdt 2
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY
8L, ILS RWY 8L (CAT II), ILS RWY 8L (CAT III), Amdt 1A
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY
8R, Amdt 22B
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY 9,
Amdt 7A
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY
15R, Amdt 1A
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY
26L, ILS RWY 26L (CAT II), ILS RWY 26L (CAT III), Amdt 18A
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY
26R, ILS RWY 26R (CAT II), ILS RWY 26R (CAT III), Amdt 1A
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY
27, ILS RWY 27 (CAT II), ILS RWY 27 (CAT III), Amdt 6A
Houston, TX, George Bush Intercontinental/Houston, RNAV (GPS) RWY
15R, Amdt 1A
Houston, TX, George Bush Intercontinental/Houston, RNAV (GPS) Z RWY
8L, Amdt 2
Houston, TX, George Bush Intercontinental/Houston, RNAV (GPS) Z RWY
8R, Amdt 1A
Houston, TX, George Bush Intercontinental/Houston, RNAV (GPS) Z RWY
9, Amdt 2A
Houston, TX, George Bush Intercontinental/Houston, RNAV (GPS) Z RWY
26L, Amdt 1A
Houston, TX, George Bush Intercontinental/Houston, RNAV (GPS) Z RWY
26R, Amdt 1A
Houston, TX, George Bush Intercontinental/Houston, RNAV (GPS) Z RWY
27, Amdt 1A
Houston, TX, George Bush Intercontinental/Houston, Takeoff and
Minimums and Obstacle DP, Amdt 2
Houston, TX, Houston-Southwest, Takeoff and Minimums and Obstacle
DP, Amdt 5
Houston, TX, Lone Star Executive, Takeoff and Minimums and Obstacle
DP, Amdt 2
Houston, TX, Sugar Land Rgnl, Takeoff and Minimums and Obstacle DP,
Amdt 7
Houston, TX, Weiser Air Park, Takeoff and Minimums and Obstacle DP,
Amdt 2
Houston, TX, West Houston, Takeoff and Minimums and Obstacle DP,
Amdt 2
Houston, TX, William P. Hobby, Takeoff and Minimums and Obstacle DP,
Amdt 5
La Porte, TX, La Porte Muni, Takeoff and Minimums and Obstacle DP,
Amdt 4
Louisa, VA, Louisa County/Freeman Field, LOC/DME RWY 27, Amdt 2
Charlotte Amalie, VI, Cyril E King, Takeoff Minimums and Obstacle
DP, Amdt 1
Appleton, WI, Outagamie County Rgnl, LOC BC RWY 11, Amdt 1B,
CANCELLED
Ashland, WI, John F. Kennedy Memorial, RNAV (GPS) RWY 2, Orig
Ashland, WI, John F. Kennedy Memorial, RNAV (GPS) RWY 13, Orig
Ashland, WI, John F. Kennedy Memorial, RNAV (GPS) RWY 20, Orig
Ashland, WI, John F. Kennedy Memorial, RNAV (GPS) RWY 31, Orig
Ashland, WI, John F. Kennedy Memorial, VOR RWY 2, Amdt 6
Ashland, WI, John F. Kennedy Memorial, VOR RWY 31, Amdt 7
Ashland, WI, John F. Kennedy Memorial, Takeoff and Minimums and
Obstacle DP, Amdt 1
La Pointe, WI, Madeline Island, RNAV (GPS) RWY 4, ORIG
La Pointe, WI, Madeline Island, RNAV (GPS) RWY 22, ORIG
La Pointe, WI, Madeline Island, Takeoff and Minimums and Obstacle
DP, Orig
Lone Rock, WI, Tri-County Rgnl, RNAV (GPS) RWY 9, Orig
Lone Rock, WI, Tri-County Rgnl, RNAV (GPS) RWY 27, Orig
Lone Rock, WI, Tri-County Rgnl, VOR-A, Amdt 7
Oshkosh, WI, Wittman Rgnl, RNAV (GPS) RWY 9, Orig
Oshkosh, WI, Wittman Rgnl, RNAV (GPS) RWY 18, Orig
Oshkosh, WI, Wittman Rgnl, RNAV (GPS) RWY 27, Orig
Oshkosh, WI, Wittman Rgnl, VOR RWY 9, Amdt 9
Oshkosh, WI, Wittman Rgnl, VOR RWY 18, Amdt 7
Oshkosh, WI, Wittman Rgnl, GPS RWY 27 Orig-A, CANCELLED
Oshkosh, WI, Wittman Rgnl, Takeoff and Minimums and Obstacle DP,
Orig

* * * Effective 3 JUL 2008

Warroad, MN, Warroad Intl Memorial, ILS OR LOC RWY 31, Amdt 1A
Rome, NY, Griffiss Airfield, Rome, NY, Takeoff Minimums and Obstacle
DP, Orig

[FR Doc. E8-10546 Filed 5-13-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: October 26, 2010 (Volume 75, Number 206)]
[Rules and Regulations]
[Page 65567-65572]
[DOCID:fr26oc10-6]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0684; FRL-9215-2]

Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Particulate Matter Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a request submitted by the Ohio Environmental
Protection Agency (Ohio EPA) on August 22, 2008, to revise the Ohio
State Implementation Plan (SIP) under the Clean Air Act (CAA). The
State has submitted revisions to twelve rules and rescinded one rule in
Ohio Administrative Code (OAC) Chapter 3745-17, ``Particulate Matter
Standards.'' The revisions were submitted by Ohio EPA to satisfy the
State's 5-year review requirements. The particulate matter (PM)
standards contain the particulate emission control requirements that
have been necessary to attain and maintain the 2006 National Ambient
Air Quality Standards (NAAQS) for PM in the State.
    EPA is approving the revisions to nine of the OAC 3745-17 rules.
EPA is approving only a portion of Rule 7, while not acting on the
portion providing a partial exemption from opacity limits for a lime
kiln in Woodville, Ohio. We are conditionally approving Rule 11 based
on a

commitment by Ohio to address EPA's concerns with the large item size
exemptions. EPA is not acting on Rule 3, regarding opacity measurement
methods. Lastly, EPA is approving the rescission of Rule 5 from the
Ohio SIP.

DATES: This direct final rule will be effective December 27, 2010,
unless EPA receives adverse comments by November 26, 2010. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2008-0684, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Jay Bortzer, Chief, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
    5. Hand Delivery: Jay Bortzer, Chief, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604. Such deliveries are only accepted during the
Regional Office normal hours of operation, and special arrangements
should be made for deliveries of boxed information. The Regional Office
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2008-0684. 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, any form of encryption, and be free of
any defects or viruses.
    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
the disclosure of which 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
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Matt Rau,
Environmental Engineer, at<PHONE_NUMBER> before visiting the Region 5
office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is the background for this action?
II. What is EPA's analysis of the revision?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    Ohio requested a revision to its SIP on August 22, 2008. Ohio seeks
approval of its revision of OAC Chapter 3745-17 to clarify and amend
its existing PM rules, in accordance with Chapter 119.032 of the Ohio
Revised Code, which requires Ohio EPA to review and revise its rules
every five years. The revisions include updating the limits for sources
that have changed PM limits or have permanently shut down.

II. What is EPA's analysis of the revision?

    Ohio submitted revisions to twelve rules and one rescinded rule
within its PM rules, OAC 3745-17. EPA agrees with the revisions Ohio
made to nine of its PM rules. EPA is approving the changes because the
rules are not weakened by the revisions Ohio made. EPA is also taking
no action on OAC 3745-17-03, which will be addressed later in separate
rulemaking. For OAC 3745-17-07, EPA is taking no action on a portion
and approving the rest of the rule. EPA is conditionally approving OAC
3745-17-11 on the condition that Ohio submits revised rule language
within one year that resolves EPA concerns. EPA is approving the
rescission of OAC 3745-17-05.

A. OAC 3745-17-01--Definitions

    Ohio revised some of the definitions in Rule 1 along with the
addition of new definitions. The new definitions are for ``OEPA,''
``Ohio EPA,'' ``PM2.5,'' and ``PM10.'' Fine
particulate matter (PM2.5) has an aerodynamic diameter of
2.5 micrometers ([micro]m) or smaller, while larger particulate matter
with a diameter up to 10 [micro]m is known as coarse particulate matter
(PM10). The State has replaced references to total suspended
particulates with PM10 and deleted the definition for
``total suspended particulates'' from Rule 1. The definition of ``total
suspended particulates'' is no longer needed because the term no longer
appears in OAC Chapter 3745-17. Ohio also added incorporation by
reference information in Rule 1 that references a variety of test
methods, the Code of Federal Regulations, and other information. The
additional definitions, addition of incorporations by reference, and
deletion of a now unused definition clarify OAC Chapter 3745-17. EPA is
approving the revisions to Rule 1.

B. OAC 3745-17-02--Ambient Air Quality Standards

    The ambient air quality standards for PM in Rule 2 have been
updated to reflect the current Federal standards for particulate matter
as promulgated in October 2006. EPA considers the revisions to be
approvable since the state standards are as stringent as the Federal
standards. A comment was added to Rule 2 that refers readers to the
``Incorporation by Reference'' section in Rule 1 (OAC 3745--17-01(C)).
Readers seeking test methods, engineering guides, Code of Federal
Regulations, or other incorporated material are referenced to where the
material is found. This comment that was also added to Rules 3, 7, 8,
12, and 13, will

assist people in finding the supplementary publications referenced in
OAC Chapter 3745-17. EPA is approving the Rule 2 revisions because the
air quality standards were made as strict as Federal standards and the
incorporation by reference comments adds clarity.

C. OAC 3745-17-03--Measurement Methods and Procedures

    In a separate submission, Ohio submitted revisions to OAC 3745-17-
03 to allow large boiler sources a new compliance option using
continuous emission monitoring data even if 1.1 percent of readings
exceed current allowable levels. Those revisions are being evaluated in
separate rulemaking; see the June 27, 2005 proposed rule at 70 FR
36901. Ohio's August 22, 2008, submission makes only relatively minor
revisions to this rule. Therefore, EPA is not acting on these minor
revisions in this rulemaking and instead will continue to address
revisions to OAC 3745-17-03 in separate rulemaking.

D. OAC 3745-17-04--Compliance Time Schedules

    Rule 4 was modified to reflect the altered compliance schedules for
significantly modified sources and to remove references to permanently
shutdown sources. The closed facilities are units at: The Ford Motor
Company, Cleveland Castings Plant (Ford); International Mill Service,
Incorporated; Standard Slag Company; and the Mingo Junction and
Steubenville Wheeling-Pittsburg Steel Corporation facilities. The
removal of references to permanently shutdown facilities allows readers
to more easily determine the correct compliance schedule. The addition
of specified compliance deadlines allows particulate matter limits
compliance to proceed. The Rule 4 revisions are being approved by EPA.

E. OAC 3745-17-05--Non-Degradation Policy

    Rule 5 prohibits significant and avoidable deterioration of air
quality in area attaining the NAAQS. Ohio has found that Rule 5 is too
vague to be enforceable, so that the rule did not protect air quality.
Subsequent to the adoption of Rule 5, Ohio adopted and is implementing
rules that impose new source review requirements for major sources,
found at OAC 3745-31 (approved by EPA on January 10, 2003, 68 FR 1366),
to prevent deterioration of the ambient air quality. Ohio has rules
that provide specific emission limits for a variety of sources,
including rules that restrict the emissions from new sources, such that
the NAAQS will not be threatened. The specific emission limits in or
resulting from Ohio's rules can be enforced. As Rule 5 has been
superseded by more effective rules, EPA agrees that Rule 5 can be
removed from the SIP and thus is approving the rescission.

F. OAC 3745-17-07--Control of Visible Particulate Emissions From
Stationary Sources

    EPA is taking no action on OAC 3745-17-07 (A)(3)(j). Section
(A)(3)(j) provides startup and shutdown exemptions from opacity limits
for the Martin Marietta Magnesia Specialties, Inc. facility in
Woodville, Ohio. EPA is working with Ohio to resolve concerns on the
exemption conditions in section (A)(3)(j). EPA will act on the startup
and shutdown exemptions after the issues are resolved, so EPA is taking
no action now on this section of Rule 7.
    EPA is approving the minor wording changes in the rest of Rule 7
along with the previously mentioned incorporation by reference comment.
The minor wording revisions may ease the readability and do not weaken
the rule, so EPA is proceeding with approving those portions of Rule 7.

G. OAC 3745-17-08--Restriction of Emission of Fugitive Dust

    Ohio removed the exemption of the AK Steel Corporation's Middletown
Works from Rule 8. Consent decree conditions require upgraded pollution
controls on the Middletown Works facility. The consent decree also
caused the fugitive dust rule exemption to expire on May 22, 2006. Ohio
removed the expired fugitive dust exemptions for three units at the
Middletown Works facility from Rule 8. The number 3 blast furnace along
with the number 15 and number 16 basic oxygen furnaces are no longer
exempt from the fugitive dust emission control requirements in OAC
3745-17-07 and -08. As a result, the Middletown Works units are now
subject to the requirement in OAC 3745-17-07(B)(1) to limit opacity to
twenty percent as a three-minute average. The units are also subject to
requirements in OAC 3745-17-08 for reasonably available control
technology, most notably an outlet emissions limit in OAC 3745-17-08
(B)(3) of 0.030 grains of particulate per dry standard cubic foot of
exhaust. The comment on incorporation by reference was added to Rule 8,
too. The revisions clarify the rule as outdated limits are removed and
the revised rule provides current incorporation by reference
information. The removal of the exemption from fugitive dust emission
limits for three Middletown Works units makes the units subject to
emission limits, effectively strengthening the particulate emission
limits for the three units. EPA is approving the revisions to Rule 8.

H. OAC 3745-17-09--Restrictions on Particulate Emissions and Odors From
Incinerators

    No changes were made to Rule 9 since it was approved by EPA on May
27, 1994, 59 FR 27464. Ohio requested approval of Rule 9, so EPA is
approving the unrevised rule again. This is known as re-codifying the
rule.

I. OAC 3745-17-10--Restrictions on Particulate Emissions From Fuel
Burning Equipment

    Minor wording changes were made to Rule 10. The wording changes
help clarify the rule and therefore are being approved by EPA.

J. OAC 3745-17-11--Restrictions on Particulate Emissions From
Industrial Processes

    The most significant revision to OAC 3745-17-11 pertains to surface
coating. Although the primary emissions of concern from surface coating
are the volatile organic compound emissions that arise from solvent
evaporation, OAC 3745-17-11 establishes a particulate emission limit
for coating operations simply because OAC 3745-17-11 establishes
generic emission limits for any process handling material such as
coatings and objects being coated. However, testing of particulate
emissions from coating operations is difficult, making it difficult to
determine whether particular control measures provide for compliance.
Therefore, Ohio exempted surface coating operations from the generic
emission limits in OAC 3745-17-11 and subjected these sources instead
to a set of rules requiring a specific set of work practices that will
control these emissions. EPA agrees with the State that these work
practice requirements provide a more effective means to requiring
control of these operations than the generic emission limits in 3745-
17-11.
    EPA has concerns about one aspect of Ohio's revisions to OAC 3745-
17-11, in which Ohio authorizes itself to exempt sources that are too
large to meet the new work practice requirements. EPA is concerned that
this provision grants ``director's discretion'' for the State to
authorize exemptions that EPA might find problematic without providing
any opportunity for EPA to object. However, on July 2, 2010, Bob
Hodanbosi, Ohio EPA Air Pollution Control Division Chief, submitted a
commitment by e-mail to Cheryl Newton, EPA Region 5

Air and Radiation Division Director, to amend the pertinent rule within
one year of an EPA conditional approval of the rule. The amendment
would provide that any exemption granted by the State must be submitted
for EPA approval as a State Implementation Plan revision. This revision
would address EPA's concern. Therefore, EPA is conditionally approving
this rule, on the condition that Ohio makes the revision that they
committed to make.
    The revisions to OAC 3745-17-11 also grant an exemption from the
rule's limits for jet engine testing. PM emissions resulting from this
exemption are expected to be small given that a small number of engines
will be tested at once and only for a limited time. Ohio stated that
the maximum PM emissions rate resulting from this exemption will be 10
pounds per hour. EPA finds that this exemption will have de minimis
impact, and finds this revision approvable. In summary, EPA is
conditionally approving revisions to OAC 3745-17-11, conditioned on
Ohio revising the rule further to provide that exemptions granted by
the State shall be submitted to EPA for review.

K. OAC 3745-17-12--Additional Restrictions on Particulate Emissions
From Specific Air Contaminant Sources in Cuyahoga County

    The changes to Rule 12 are all for the Ford Motor Company,
Cleveland Castings Plant facility, with one exception, the
``Incorporation by Reference'' comment mentioned earlier.
    Several emission units at the Ford facility have been permanently
shutdown. Thus, most of the revisions to Rule 12 involve removing
references to the permanently shutdown units. Ohio revised control
requirements and added alternative control requirements for some of the
units that will ensure the operating Ford units remain controlled
following the unit shutdowns and replacements.
    The removed limits are not expected to harm air quality because the
units have permanently shutdown. The other Rule 12 revisions
accommodate the closed units. The updated control requirements reflect
necessary changes to keep the operating units well controlled. Some
control devices have been shutdown as portions of the Ford plant
closed. In cases where a control device serves multiple units, exhaust
from units remaining operational need to be rerouted to operating
control devices. The Ohio revisions to Rule 12 keep the operating Ford
units controlled while removing the permanently shutdown units and
controls from the rule. EPA believes that the revisions will clarify
the rule without harming air quality and therefore is approving the
Rule 12 changes.

L. OAC 3745-17-13--Additional Restrictions on Particulate Emissions
From Specific Air Contaminant Sources in Jefferson County

    Ohio revised OAC 3745-17-13 to reflect numerous emission decreases
and increases in Jefferson County. Most notably, Ohio removed the
requirements for permanently shutdown facilities and units from Rule
13, thereby providing that these facilities must have zero emissions.
One exception to this general characterization of Ohio's rule changes
is that Wheeling-Pittsburg Steel must continue to control emissions
from fugitive dust sources (roadways and storage piles) at its
Steubenville facility despite this facility's shutdown status. The
revised rule allows slightly more emissions from fugitive dust sources
at Wheeling-Pittsburg Steel's Steubenville and Mingo Junction
facilities. In addition, the revised rules provide slightly higher
emission limits at some sources and slightly lower emission limits at
other sources at the Mingo Junction facility.
    Under section 110(l) of the CAA, EPA may not approve these rule
revisions if the revisions would interfere with attainment of pertinent
air quality standards. Ohio's submission provides detailed information
on changes in the area's allowable emission since 1991, when Ohio
submitted its attainment plan for PM10 for this area.
However, some of the listed changes in allowable emissions are not
attributable to rule changes in Ohio's 2008 submittal and instead are
attributable to construction permits, most notably three permits: (1) A
permit to consolidate boiler operations; (2) a permit to construct an
electric arc furnace in Mingo Junction in conjunction with shutdown of
three units in Steubenville (Blast Furnace 1 and boilers
number 1 and 10) and three coke plants and a sinter plant in
neighboring Follansbee, West Virginia; and (3) a permit to rebuild and
expand the capacity of Blast Furnace number 5 in conjunction with the
shutdown of Blast Furnace number 3. Ohio did not specify which
increases and reductions should be considered to be associated with the
rule revisions and which are associated with construction permits.
Nevertheless, to evaluate the approvability of Ohio's revisions, EPA
used allowable emission levels provided in Ohio's submission to examine
the expected emission changes that appeared to be mandated by these
rule changes for Jefferson County.
    Clearly the most significant emission changes pursuant to Ohio's
revised rules result from the shutdown of Jefferson County facilities,
in particular the shutdown of the International Mill Service and
Standard Slag facilities and most of the Wheeling-Pittsburgh Steel-
Steubenville Works. Other changes allowed a relatively modest increase
in allowable emissions from fugitive dust sources and a modest net
increase in process emission limits. At the Steubenville Works,
allowable emissions of fugitive dust (e.g., roadway dust) increased
from 1.35 to 1.72 pounds per hour, but the shutdown of the remainder of
the facility resulted in a net allowable emission decrease of 21.80
pounds per hour. At the Wheeling-Pittsburgh Steel-Mingo Junction Works,
the fugitive dust limit increased from 4.91 to 7.67 pounds per hour,
and other limits were increased or decreased slightly, resulting in a
net reduction at the facility of 14.32 pounds per hour. The net effect
of the increases and decreases in emission limits at the Mingo Junction
facility was a 5.25 pounds per hour reduction. Since the emission
decreases in these revisions are substantially greater than the
emission increases, and every facility is decreasing emissions as a
result of this rule change, EPA is satisfied that these revisions will
yield lower PM10 concentrations throughout Jefferson County,
so that these revisions will not interfere with attainment or
maintenance of the PM10 standards.
    EPA must also examine whether the revisions might interfere with
attainment of the PM2.5 National Ambient Air Quality
Standards, particularly because Jefferson County has been designated as
not attaining the PM2.5 standards. The emission limits in
Rule 13 are PM10 limits, but fine particulate matter,
PM2.5, is a subset of PM10. The particulate
matter formerly emitted by units being shutdown contain as high or
higher fractions of fine particulate matter than the units being
allowed higher emissions. Therefore, the conclusion found for
PM10 also applies for PM2.5. EPA is satisfied
that the revisions will yield lower PM2.5 concentrations
throughout Jefferson County, so that these revisions will not interfere
with attainment or maintenance of the PM2.5 standards.
    Ohio's submission includes dispersion modeling indicating that the
revised limits at each facility including the higher fugitive dust
limits will not threaten the PM10 NAAQS. The modeling method
used by the facility and State differs from the modeling method EPA
recommends for this scenario. Nevertheless, the modeling

provides supportive evidence that the revisions to Ohio's rules will
not interfere with attainment of applicable air quality standards or
with any other requirement.
    EPA agrees with the State's conclusion that the revisions to Rule
13 will not interfere with attainment of PM NAAQS. EPA is therefore
approving the Rule 13 revisions.

M. OAC 3745-17-14--Contingency Plan Requirements for Cuyahoga and
Jefferson Counties

    Minor wording changes were made to Rule 14. This included replacing
total suspended particulates with PM10. Reference to the
annual PM10 standard was removed as the EPA has revoked that
standard. EPA is approving the Rule 14 changes because the remaining
particulate standards will adequately protect human health.

III. What action is EPA taking?

    EPA is approving revisions to the Ohio SIP. Ohio submitted
revisions to OAC 3745-17. EPA is approving all of the submitted
revisions to OAC 3745-17-01, -02, -04, -08, -09, -10, -12, -13, and -
14. EPA is approving the rescission of OAC 3745-17-05 from the Ohio
SIP. EPA is approving OAC 3745-17-07, except for OAC 3745-17-07
(A)(3)(j) that EPA is not taking action on. EPA is conditionally
approving OAC 3745-17-11, based on commitment by Ohio to revise OAC
3745-17-11(A)(1)(l) to require all large item size exemptions to be
approved by EPA as a SIP revision for the exemption to be valid. Ohio
has committed to providing the revised rule language by November 25,
2011.

A. What does conditional approval mean?

    Pursuant to section 110(k)(4) of the CAA, EPA may conditionally
approve a portion of a SIP revision based on a commitment from a state
to adopt specific, enforceable measures no later than twelve months
from the date of final conditional approval. If it fails to commit to
undertake the necessary changes, or fails to actually make the changes
within the twelve month period, the conditional approval automatically
converts to disapproval. EPA would subsequently publish a notice in the
Federal Register providing notice and details of the disapproval. EPA
is not required to separately propose a finding of disapproval. If a
state submits final and effective rule revisions correcting the
deficiencies within one year from this conditional approval becoming
final and effective, EPA will publish a subsequent notice in the
Federal Register to acknowledge conversion of the conditional approval
to a full approval.

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 CAA 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
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 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 Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 27, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, Particulate matter.

    Dated: October 4, 2010.
Susan Hedman,
Regional Administrator, Region 5.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart KK--Ohio

0
2. Section 52.1870 is amended by adding paragraph (c)(150) to read as
follows:

Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (150) On August 22, 2008, Ohio submitted revisions to
    Ohio Administrative Code Chapter 3745-17, Rules 3745-17-01 through
3745-112-14. The revisions contain particulate matter standards in the
State of Ohio necessary to attain and maintain the 2006 24-hour
PM2.5, annual PM2.5 and 24-hour PM10
NAAQS.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-17-01 Definitions: (A) and
(B), Rule 3745-17-02 Ambient air quality standards, Rule 3745-17-04
Compliance time schedules, Rule 3745-17-07 Control of visible
particulate emissions from stationary sources, Rule 3745-17-08
Restriction of emission of fugitive dust, Rule 3745-17-09 Restrictions
on particulate emissions and odors from incinerators, Rule 3745-17-10
Restrictions on particulate emissions from fuel burning equipment, Rule
3745-17-12 Additional restrictions on particulate emissions from
specific air contaminant sources in Cuyahoga county, Rule 3745-17-13
Additional restrictions on particulate emissions from specific air
contaminant sources in Jefferson county, and Rule 3745-17-14
Contingency plan requirements for Cuyahoga and Jefferson counties. The
rules became effective on February 1, 2008.
    (B) January 22, 2008, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
    (ii) Additional Information.
    (A) Ohio Administrative Code Rule 3745-17-01 Definitions: (C),
effective on February 1, 2008.

0
3. Section 52.1890 is amended by adding paragraph (d) to read as
follows:

Sec.  52.1890  Removed control measures.

* * * * *
    (d) On August 22, 2008, Ohio requested that Ohio Administrative
Code 3745-17-05 ``Non-degradation Policy.'' be removed from the Ohio
SIP. The rule was rescinded statewide on February 1, 2008.

0
4. Section 52.1919 is amended by adding paragraph (c) to read as
follows:

Sec.  52.1919  Identification of plan--conditional approval.

* * * * *
    (c) On August 22, 2008, the Ohio Environmental Protection Agency
submitted a revision to Ohio Administrative Code (OAC) 3745-17-11. The
rule establishes a particulate emission limit for coating operations in
lieu of generic emission limits based on the weight of processed
materials. On July 2, 2010, Ohio submitted a commitment to amend OAC
3745-17-11 by November 25, 2011. The amendment would provide that any
exemption granted by the state for sources too large to meet the
coating work practice requirement must be submitted for EPA approval as
a State Implementation Plan (SIP) revision. When EPA determines the
state has met its commitment, OAC 3745-17-11 will be incorporated by
reference into the SIP.

[FR Doc. 2010-26880 Filed 10-25-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 4, 2009 (Volume 74, Number 171)]
[Proposed Rules]
[Page 45796]
[DOCID:fr04se09-24]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 239 and 258

[EPA-R07-RCRA-2009-0646; FRL-8953-4]

Adequacy of Kansas Municipal Solid Waste Landfill Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes to approve Kansas' Research, Development and
Demonstration (RD&D) permit program and updates to the approved
Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22,
2004, the EPA issued final regulations allowing RD&D permits to be
issued to certain municipal solid waste landfills by approved states.
On December 11, 2008, Kansas submitted an application to the EPA
seeking Federal approval of its RD&D requirements and to update Federal
approval of its MSWLP program.

DATES: Comments on this proposed action must be received in writing by
October 5, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
RCRA-2009-0646 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail: Send written comments to Nicole Cruise, EPA Region 7,
Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas
City, Kansas 66101.
    4. Hand Delivery or Courier. Deliver your comments to Nicole
Cruise, EPA Region 7, Solid Waste/Pollution Prevention Branch, 901
North 5th Street, Kansas City, Kansas 66101. 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 to 4:30, excluding legal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Nicole Cruise at<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of the Federal
Register, EPA is approving Kansas' Research, Development and
Demonstration permit program and updates to the approved Municipal
Solid Waste Landfill Permit (MSWLP) program as a direct final rule
without prior proposal because the Agency views this as a
noncontroversial action and anticipates no relevant adverse comments to
this action. If no relevant adverse comments are received in response
to this action, no further activity is contemplated in relation to this
action. If EPA receives relevant adverse comments, the direct final
rule will be withdrawn and all public comments received will be
addressed in a subsequent final rule based on this proposed action. EPA
will not institute a second comment period on this action. Any parties
interested in commenting on this action should do so at this time.
Please note that if EPA receives adverse comment on part of this rule
and if that part can be severed from the remainder of the rule, EPA may
adopt as final those parts of the rule that are not the subject of an
adverse comment. For additional information, see the direct final rule
which is located in the rules section of this Federal Register.

    Dated: August 27, 2009.
William W. Rice,
Acting Regional Administrator, Region 7.
[FR Doc. E9-21401 Filed 9-3-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: June 14, 2007 (Volume 72, Number 114)]
[Notices]
[Page 32845]
[DOCID:fr14jn07-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP96-312-164]

Tennessee Gas Pipeline Company; Notice of Negotiated Rate
Amendment Filing

June 4, 2007.
    Take notice that on May 30, 2007, Tennessee Gas Pipeline Company
(Tennessee) tendered for filing a negotiated rate amendment between
Tennessee and Eastman Chemical Company (Eastman). Tennessee requests
that the negotiated rate amendment between Tennessee and Eastman become
effective on July 1, 2007.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
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TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-11454 Filed 6-13-07; 8:45 am]

BILLING CODE 6717-01-P