[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Proposed Rules]
[Pages 50154-50155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23633]



40 CFR Part 49

[EPA-R09-OAR-2009-0598; FRL-8964-2]

Assessment of Anticipated Visibility Improvements at Surrounding 
Class I Areas and Cost Effectiveness of Best Available Retrofit 
Technology for Four Corners Power Plant and Navajo Generating Station: 
Advanced Notice of Proposed Rulemaking

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of extension of comment period.


SUMMARY: EPA is announcing an extension of the public comment period on 
our Advanced Notice of Proposed Rulemaking (ANPR) regarding our 
assessment of anticipated visibility improvements at surrounding Class 
I areas and the cost effectiveness of Best Available Retrofit 
Technology (BART) for Four Corners Power Plant and Navajo Generating 
Station (August 28, 2009). Through this notice, EPA extends the close 
of the ANPR comment period from September 28, 2009 until October 28, 
    EPA is extending the comment period as a result of requests from 
the Hopi Tribe and the Navajo Nation for additional time to comment on 
the ANPR. EPA is granting the requests from the Hopi Tribe and the 
Navajo Nation notwithstanding the earlier denials by EPA of several 
extension requests made by other stakeholders. The basis for those 
earlier denials is that the ANPR is not a rulemaking action and 
therefore does not make any decisions or propose any control options as 
BART. Additionally, the ANPR is limited in scope and focused only on 
variables that were used to model visibility improvement at the 
surrounding Class I areas and the cost effectiveness of different 
control options. Therefore, EPA determined that a 30-day comment period 
in advance of our actual proposal was adequate, as the ANPR by itself 
only seeks the submittal of information. However, because the Hopi 
Tribe and the Navajo Nation are affected tribes located in the area 
impacted by the Navajo Generating Station and Four Corners Power Plant, 
EPA is extending the comment period to provide greater opportunity for 
discussion between EPA and affected Tribes. EPA is also extending the 
public comment period for all other interested parties.
    Although the Hopi Tribe and the Navajo Nation requested a longer 
extension period, EPA believes a 30-day extension is sufficient, as 
there will be ample additional opportunity to provide comments once we 
propose our BART determinations for the Four Corners Power Plant and 
Navajo Generating Station in the near future.

DATES: The comment period for the Advanced Notice of Proposed 
Rulemaking published at 74 FR 44313, August 28, 2009 is extended. 
Comments must be received on or before October 28, 2009.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0598, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. E-mail: [email protected].
    3. Mail or deliver: Anita Lee (Air-3), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or e-mail. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send e-mail directly to EPA, your e-mail 
address will be automatically captured and included as part of the 
public comment. 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.
    Docket: The index to the docket for this ANPR is available 
electronically at www.regulations.gov and in hard copy at EPA Region 
IX, 75 Hawthorne Street, San Francisco, California. While all documents 
in the docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available in either location (e.g., CBI). 
To inspect the hard copy materials, please schedule an appointment 
during normal business hours with the contact listed in the FOR FURTHER 

3958, [email protected].

[[Page 50155]]

SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us'', 
and ``our'' refer to EPA.

I. General Information

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

    1. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM 
as CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify this ANPR by docket number and other identifying 
information (subject heading, Federal Register date and page number).
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

B. Where Can I Get a Copy of This Document and Other Related 

    In addition to being available in the docket, an electronic copy of 
the Advanced Notice of Proposed Rulemaking is available at http://www.epa.gov/region09/air/navajo/index.html#upcoming. Following 
signature by the EPA Regional Administrator, a copy of this extension 
notice will be posted at the same Web site.

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

    Dated: September 22, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E9-23633 Filed 9-29-09; 8:45 am]