[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Proposed Rules]
[Pages 53378-53380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19921]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[OAR-2003-0079; FRL-7802-1]
RIN 2060-AJ99


Draft Nitrogen Oxides Exemption Guidance for Proposed Rule To 
Implement the 8-Hour Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: Notice is hereby given that the Environmental Protection 
Agency (EPA) has developed draft guidance for Nitrogen Oxides 
(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other than those reflected by the draft guidance, the regulatory text 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 October 1, 2004.

ADDRESSES: Comments may be submitted electronically, by mail, by 
facsimile, or through hand delivery/courier. Follow the detailed 
instructions as provided in the SUPPLEMENTARY INFORMATION section.

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) 541-3292 
or by e-mail at: [email protected] 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) 
541-5550 or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

    The draft guidance for NOX Exemptions under the 8-hour 
ozone standard is 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 The draft guidance describes, in 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 June 2, 2003 proposed rule contains the background discussion for 
the section 182(f) provisions.

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

    The EPA has established an official public docket for this action 
under Docket ID No. OAR 2003-0079. Documents in the official public 
docket are listed in the index list in EPA's electronic public docket 
and comment system, EDOCKET. Documents may be available either 
electronically or in hard copy. Electronic documents may be viewed 
through EDOCKET. Hard copy documents may be viewed at 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 OAR 2003-0079 Docket is 
(202) 566-1742.
    An electronic version of the public docket is available through 
EDOCKET. You may use EDOCKET 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 EDOCKET. 
Information claimed as confidential business

[[Page 53379]]

information (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. Publicly available docket materials 
that are not available electronically may be viewed at the EPA Docket 
Center.
    For public commenters, 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 identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that 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.
    The draft guidance for NOX Exemptions under the 8-hour 
ozone standard is also available for public inspection at EPA's Web 
site at http://www.epa.gov/ttn/naags/ozone/o3imp8hr. In addition, 
copies can 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.

B. 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 you 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 outline instructions for submitting comments. 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 
[email protected], 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 comment to: Nitrogen Oxides Exemption Guidance 
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.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic pubic 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 an questions 
about CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

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

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

[[Page 53380]]

    1. Explain your 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.

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.

    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: August 5, 2004.
Gregory A. Green,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 04-19921 Filed 8-31-04; 8:45 am]
BILLING CODE 6560-50-M