[Federal Register Volume 69, Number 98 (Thursday, May 20, 2004)]
[Proposed Rules]
[Pages 29118-29119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11435]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[FRL-7664-9; OAR-2002-0076]


Regional Haze Regulations and Guidelines for Best Available 
Control Technology (BART) Determinations; Notice of Public Hearing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public hearing.

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SUMMARY: The EPA is announcing two public hearings for the proposed 
rule ``Regional Haze Regulations and Guidelines for Best Available 
Control Technology (BART) Determinations'' (69 FR 25184, May 5, 2004). 
The first public hearing will be held on June 4, 2004, in Alexandria, 
VA, and the second public hearing will be held on June 15, 2004, in 
Denver, CO. (The EPA will be holding a separate public hearing for a 
related proposal, ``Supplemental Proposal for the Rule to Reduce 
Interstate Transport of Fine Particulate Matter and Ozone (Clean Air 
Interstate Rule),'' at the same facility in Alexandria, VA, on June 3, 
2004. The EPA is holding the hearings on consecutive days to facilitate 
travel plans for persons wishing to attend both hearings.)
    On July 1, 1999, EPA promulgated regulations to address regional 
haze (64 FR 3714). These regulations were challenged, and on May 24, 
2002, the U.S. Court of Appeals for the District of Columbia Circuit 
issued a ruling vacating the regional haze rule in part and sustaining 
it in part. American Corn Growers Ass'n v. EPA, 291 F.3d 1 (D.C. Cir. 
2002). The May 5, 2004 proposal (hereinafter referred to as the ``BART 
rule'') addresses the court's ruling in that case.
    In addition, prior to the court's decision, EPA had proposed 
guidelines for implementation of the BART requirements under the 
regional haze rule (66 FR 38108; July 20, 2001). The proposed 
guidelines were intended to

[[Page 29119]]

clarify the requirements of the regional haze rule's BART provisions. 
We proposed to add the guidelines and also proposed to add regulatory 
text requiring that these guidelines be used for addressing BART 
determinations under the regional haze rule. In addition, we proposed 
one revision to guidelines issued in 1980 for facilities contributing 
to ``reasonably attributable'' visibility impairment.
    In the American Corn Growers case, the court vacated and remanded 
the BART provisions of the regional haze rule. To respond to the 
court's ruling, we have proposed new BART provisions and are 
reproposing the BART guidelines. The American Corn Growers court also 
remanded to the Agency its decision to extend the deadline for the 
submittal of regional haze plans. Subsequently, Congress amended the 
deadlines for regional haze plans (Consolidated Appropriations Act for 
Fiscal Year 2004, Public Law 108-199, January 23, 2004). We have 
proposed to amend the rule to conform to the new statutory deadlines.

DATES: The public hearings for the BART rule will be held on June 4, 
2004, and June 15, 2004. Please refer to SUPPLEMENTARY INFORMATION for 
additional information on the public hearings.

ADDRESSES: The June 4, 2004 public hearing will be held at the Holiday 
Inn Select, Old Town Alexandria, 480 King Street, Alexandria, Virginia 
22314, phone 703-549-6080. The June 15, 2004 public hearing will be 
held at the Adams Mark Hotel, 1550 Court Place, Denver, CO, 80202, 
phone 303-893-3333.
    Written comments on the BART rule may also be submitted to EPA 
electronically, by mail, by facsimile, or through hand delivery/
courier. Please refer to the BART rule for the addresses and detailed 
instructions.
    Documents relevant to this action are available for public 
inspection at the EPA Docket Center, located at 1301 Constitution 
Avenue, NW., Room B102, Washington, DC, between 8:30 a.m. and 4:30 
p.m., Monday through Friday, excluding legal holidays. A reasonable fee 
may be charged for copying. Documents are also available through EPA's 
electronic Docket system at http://www.epa.gov/edocket.
    The EPA Web site for this rulemaking, which will include 
information about the public hearings, are at http://www.epa.gov/air/visibility/actions.html.

FOR FURTHER INFORMATION CONTACT: If you would like to speak at the 
public hearing or have questions concerning the public hearing, please 
contact Nancy Perry at the address given below under SUPPLEMENTARY 
INFORMATION. Questions concerning the proposed BART Rule should be 
addressed to Kathy Kaufman, U.S. EPA, Office of Air Quality Planning 
and Standards, Air Quality Strategies and Standards Division (C504-02), 
Research Triangle Park, NC 27711, telephone number (919) 541-0102, e-
mail [email protected], or Todd Hawes, U.S. EPA, Office of Air 
Quality Planning and Standards, Air Quality Strategies and Standards 
Division (C504-02), Research Triangle Park, NC 27711, telephone number 
(919) 541-5591, e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 

Public Hearings

    The public hearings will provide interested parties the opportunity 
to present data, views, or arguments concerning the proposed rules. 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 any oral comments and supporting 
information presented at the public hearings. Written comments must be 
postmarked by the last day of the comment period, as specified in the 
proposals.
    The public hearings will be held on June 4, 2004, and June 15, 
2004. The meeting facilities and phone numbers are provided above under 
ADDRESSES.
    If you would like to present oral testimony at the hearings on 
either or both proposals, please notify Nancy Perry, U.S. EPA, Office 
of Air Quality Planning and Standards, Air Quality Strategies and 
Standards Division, C504-02, Research Triangle Park, NC 27711, 
telephone (919) 541-5628, e-mail [email protected].
    The public hearings will begin each day at 9 a.m. and continue into 
the evening until 5 p.m.
    Oral testimony will be limited to 5 minutes for each commenter. We 
will not be providing equipment for commenters to show overhead slides 
or make computerized slide presentations unless we receive special 
requests in advance. Commenters should notify Nancy Perry if they will 
need specific equipment. The EPA encourages commenters to provide 
written versions of their oral testimonies either electronically on 
computer disk or CD-ROM or in paper copy. Verbatim transcripts of the 
hearings and written statements will be included in the rulemaking 
dockets.

How Can I Get Copies of This Document and Other Related Information?

    The BART rule is available at the EPA Web site identified above, 
and was published in the Federal Register on May 5, 2004 at 69 FR 
25184.
    The EPA has established the official public docket for the BART 
rule under Docket ID No. OAR-2002-0076. The EPA has also developed a 
Web site for the proposal at the addresses given above. Please refer to 
the proposals for detailed information on accessing information related 
to the proposal.

    Dated: May 13, 2004.
Gregory A. Green,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 04-11435 Filed 5-19-04; 8:45 am]
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