6560-

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[OAR-2003-0079; FRL–]

RIN 2060–AJ99

Draft Nitrogen Oxides Exemption Guidance and Regulatory Text for Proposed

Rule To Implement the 8-Hour Ozone

National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability.

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SUMMARY: Notice is hereby given that the Environmental Protection Agency (EPA) has developed draft guidance and associated regulatory text for Nitrogen Oxide (NOx) Exemptions under the

8-hour ozone standard to accompany the proposed rule to implement the 8-hour ozone National Ambient Air Quality Standard (NAAQS) which was published on June 2, 2003 (68 FR 32802). If, after notice and comment, we adopt approaches other than those reflected by the draft guidance and regulatory text, the regulatory text we promulgate at the time of our final action will incorporate the approaches we adopt.

DATES: Comments must be received on or before [insert date 30

days after publication].

ADDRESSES: Comments may be submitted electronically, by mail, {by facsimile,} or through hand delivery/courier.

The draft guidance for NOx Exemptions under the 8-hour ozone standard is available for public inspection at EPA's Web site at www.epa.gov/ttn/naaqs/ozone/o3imp8hr and the Office of Air and Radiation Docket Center, Docket Number OAR 2003-0079. Copies can also be obtained from the Ozone Policy and Strategies Group, Office of Air Quality Planning and Standards (C539-02), U.S. Environmental Protection Agency, Research Triangle Park, NC 27711.

SUPPLEMENTARY INFORMATION:

I.	General Information

The draft guidance and associated regulatory text for NOx Exemptions under the 8-hour ozone standard are intended to accompany the June 2, 2003 proposed rule to implement the 8-hour ozone NAAQS. The draft guidance describes, in detail, how to implement the NOx exemption provisions contained in section 182(f) of the Clean Air Act and EPA's rationale. The associated draft regulatory text would replace the draft text in 40 CFR section 51.913 announced at 68 FR 46536. The revised draft regulatory text is as follows: (1) a person may petition the Administrator for a section 182(f) NOx exemption for any area designated nonattainment for the 8-hour ozone NAAQS and for any area in a section 184 ozone transport region; (2) the Administrator shall approve a section 182(f) NOx exemption where the petition contains adequate documentation that the provisions of section 182(f) are met; and (3) a section 182(f) NOx exemption granted under the 1-hour ozone standard does not, by itself,

constitute approval under the 8-hour ozone standard. The June 2, 2003 proposed rule contains the background discussion for the section 182(f) provisions.

II.	How Can I Get Copies of {this Document and other} Related Information?

EPA has established an official public docket for this action under Docket ID No. OAR- 2003-0079. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center 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 draft guidance for NOx Exemptions under the 8-hour ozone standard Docket is (202)566-1742.

Electronic Access. You may access this Federal Register document electronically through the EPA Internet under the Federal Register listings at http://www.epa.gov/fedrgstr/.

An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at

http://www.epa.gov/edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select "search, " then key in the appropriate docket identification number.

Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. {To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket.} Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I.B. {EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket.}

For public cementers, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identified a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment hat is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket.

Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the Docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

{For additional information about EPA's electronic public docket visit EPA Dockets online or see 67 FR 39102, May 31, 2002.}

III.	How and To Whom Do I Submit Comments?

You may submit comments electronically, by mail, by facsimile, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked "late." EPA is not required to consider these late comments.

Electronically. If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 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.

EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. To access EPA's electronic public docket from the EPA Internet Home Page, select Information Sources, Dockets, and EPA Dockets. Once in the system, select search,and then key in Docket ID No. OAR-2003-0079. The system is an anonymous access system, which means EPA will not know your

identity, e-mail address, or other contact information unless you provide it in the body of your comment.

E-mail. Comments may be sent by electronic mail (e-mail) to grano.doug@epa.gov, Attention Docket ID No. OAR-2003-0079. In contrast to EPA's electronic public docket, EPA's e-mail system is not an anonymous access system. If you send an e-mail comment directly to the Docket without going through EPA's electronic public docket, EPA's e-mail system automatically captures your

e-mail address. E-mail addresses that are automatically captured by EPA's e-mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket.

Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption.

By Mail. Send your comments to: Nitrogen Oxides Exemption Guidance and regulatory Test for Proposed Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard, Environmental

Protection Agency, Mail code: 6102T, 1200 Pennsylvania Ave., NW, Washington, DC, 20460, Attention Docket ID No. OAR-2003-0079.

By Hand Delivery or Courier. Deliver your comments to: (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC., Attention Docket ID No. OAR-2003-0079. Such

deliveries are only accepted during the Docket's normal hours of operations.

By Facsimile. Fax your comments to:(202) 566-1741, Attention Docket ID.

No. OAR-2003-0079.

How Should I Submit CBI To the Agency?

Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e-
mail. Send or deliver information identified as CBI only to the following address: EPA, 109 TW Alexander Dr., RTP, NC 27709, Attn: Roberto Morales, MS C404-02, Attention Docket ID No. OAR-
2003-0079. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI (if you submit CBI on disk or CD ROM, 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 CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR Part 2.

In addition to one complete version of the comment that includes any 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 and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT section.

What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments:

1. Explain you views as clearly as possible.

2. Describe any assumptions that you used.

3. Provide any technical information and/or data you used that support your views.

4. If you estimate potential burden or costs, explain how you arrived at your estimate.

5. Provide specific examples to illustrate your concerns.

6. Offer alternatives.

7. Make sure to submit your comments by the comment period deadline identified.

8. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your response. It would also be helpful if you provided the name, date, and Federal Register citation related to your comments.

FOR FURTHER INFORMATION CONTACT: Mr. Doug Grano, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C539-02, Research Triangle Park, NC 27711, phone number (919) 54l-3292 or by e-mail at: grano.doug@epa.gov or Ms. Denise Gerth, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code

C539-02, Research Triangle Park, NC 27711, phone number

(919) 54l-5550or by e-mail at: gerth.denise@epa.gov.

Draft Nitrogen Oxides Exemption Guidance and Regulatory Text for Proposed Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard
List of Subjects in 40 CFR Part 51

Environmental protection, Administrative practice and procedure, Air pollution control, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

_______________________________________________

Dated:

_______________________________________________

Stephen D. Page

Director

For reasons set forth in the preamble, par 51 of chapter I of title 40 of the Code of Federal Regulations is amended as follows:

Part 51 - REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS.

1. The authority citation for part 51 continues to read as follows:

Authority: 42 U.S.C. 7408, 42 U.S.C. 7410, 42 U.S.C. 7501-7511f; 42 U.S.C. 7601(a)(1). Dated: July 28, 2003.

[FR Doc. 03-20030 Filed 8/5/03; 8:45 am]

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