Approval and Promulgation of State Implementation Plans; Montana; Interstate Transport of Pollution, New Definitions of PM and PM2.5, 10203-10204 [E8-3339]
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Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Proposed Rules
stringent than their Federal
counterparts. * * *’’. The opinion
concludes that ‘‘[r]egarding § 10.1–1198,
therefore, documents or other
information needed for civil or criminal
enforcement under one of these
programs could not be privileged
because such documents and
information are essential to pursuing
enforcement in a manner required by
Federal law to maintain program
delegation, authorization or approval.’’
Virginia’s Immunity law, Va. Code
Sec. 10.1–1199, provides that ‘‘[t]o the
extent consistent with requirements
imposed by Federal law,’’ any person
making a voluntary disclosure of
information to a state agency regarding
a violation of an environmental statute,
regulation, permit, or administrative
order is granted immunity from
administrative or civil penalty. The
Attorney General’s January 12, 1998
opinion states that the quoted language
renders this statute inapplicable to
enforcement of any Federally authorized
programs, since ‘‘no immunity could be
afforded from administrative, civil, or
criminal penalties because granting
such immunity would not be consistent
with Federal law, which is one of the
criteria for immunity.’’
Therefore, EPA has determined that
Virginia’s Privilege and Immunity
statutes will not preclude the
Commonwealth from enforcing its
program consistent with the Federal
requirements. In any event, because
EPA has also determined that a state
audit privilege and immunity law can
affect only state enforcement and cannot
have any impact on Federal
enforcement authorities, EPA may at
any time invoke its authority under the
CAA, including, for example, sections
113, 167, 205, 211 or 213, to enforce the
requirements or prohibitions of the state
plan, independently of any state
enforcement effort. In addition, citizen
enforcement under section 304 of the
CAA is likewise unaffected by this, or
any, state audit privilege or immunity
law.
jlentini on PROD1PC65 with PROPOSALS
IV. Proposed Action
EPA’s review of this material
indicates that Virginia has addressed the
components of a maintenance plan
pursuant to EPA’s May 20, 2005
guidance. EPA is proposing to approve
the Virginia SIP revision for White Top
Mountain, Smyth County, Virginia,
which was submitted on August 6,
2007. EPA is soliciting public comments
on the issues discussed in this
document. These comments will be
considered before taking final action.
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17:16 Feb 25, 2008
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V. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
action is not a ‘‘significant regulatory
action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely proposes
to approve state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this
proposed rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this rule proposes to
approve pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it 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). This proposed rule also
does not have a substantial direct effect
on one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will
it have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
proposes to approve a state rule
implementing a Federal requirement,
and does not alter the relationship or
the distribution of power and
responsibilities established in the CAA.
This proposed rule also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it approves a
state rule implementing a Federal
standard.
In reviewing SIP submissions, EPA(s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
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Fmt 4702
Sfmt 4702
10203
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. As required by section 3 of
Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this
proposed rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. EPA
has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
(Attorney General(s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings( issued under the executive
order.
This action proposing approval of
Virginia’s SIP revision request
consisting of a 10-year maintenance
plan under § 110(a)(1) for the White Top
Mountain 1-hour ozone nonattainment
area located in Smyth County, Virginia
does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 12, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E8–3358 Filed 2–25–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2007–0646; FRL–8526–9]
Approval and Promulgation of State
Implementation Plans; Montana;
Interstate Transport of Pollution, New
Definitions of PM and PM2.5
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
State Implementation Plan (SIP)
E:\FR\FM\26FEP1.SGM
26FEP1
10204
Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS
revisions submitted by the State of
Montana on June 28, 2000 and April 16,
2007. The revisions update
Administrative Rules of Montana (ARM)
provisions for Particulate Matter, and
address Interstate Transport Pollution
requirements of section 110(a)(2)(D)(i) of
the Clean Air Act. On June 28, 2000, the
Governor of Montana submitted
revisions to ARM rules 17.8.101—
Definitions; 17.8.308—Particulate
Matter, Airborne; and 17.8.320—Wood
Waste Burners. The June 28, 2000
submittal included also a declaration
certifying the adequacy of the State SIP
in regard to the infrastructure-related
PM2.5 elements of section 110 of the
Clean Air Act (CAA). In the April 16,
2007 submission, the Governor
requested EPA’s review and approval of
the ‘‘Interstate Transport Rule
Declaration’’ adopted into the Montana
SIP on February 12, 2007. In that same
letter, the Governor rescinded the
State’s earlier request for approval of
Montana’s SIP in regard to the
infrastructure-related PM2.5 elements of
section 110 of the CAA. In light of this
rescission, EPA is not taking action on
this declaration. This action is being
proposed under section 110 of the Clean
Air Act.
In the ‘‘Rules and Regulations’’
section of this Federal Register, EPA is
approving the State’s SIP revision as a
direct final rule without prior proposal
because the Agency views this as a noncontroversial SIP revision and
anticipates no adverse comments. A
detailed rationale for the approval is set
forth in the preamble to the direct final
rule. If EPA receives no adverse
comments, EPA will not take further
action on this proposed rule. If EPA
receives adverse comments, EPA will
withdraw the direct final rule and it will
not take effect. EPA will address all
public comments in a subsequent final
rule based on this proposed rule. EPA
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. Please note that if EPA
receives an adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
• https://www.regulations.gov. Follow
the on line instructions for submitting
comments.
• E-mail: videtich.callie@epa.gov and
mastrangelo.domenico@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Callie Videtich, Director, Air
and Radiation Program, Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 1595 Wynkoop,
Denver, Colorado 80202–1129.
• Hand Delivery: Callie Videtich,
Director, Air and Radiation Program,
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 1595
Wynkoop, Denver, Colorado 80202–
1129. Such deliveries are only accepted
Monday through Friday, 8 a.m. to 4:55
p.m., excluding Federal holidays.
Special arrangements should be made
for deliveries of boxed information.
Please see the direct final rule, which
is located in the Rules Section of this
Federal Register, for detailed
instruction on how to submit comments.
FOR FURTHER INFORMATION CONTACT:
Domenico Mastrangelo, Air and
Radiation Program, U.S. Environmental
Protection Agency, Region 8, Mailcode
8P–AR, 1595 Wynkoop, Denver,
Colorado 80202–1129, (303) 312–6436,
mastrangelo.domenico@epa.gov.
DATES:
Written comments must be
received on or before March 27, 2008.
AGENCY:
Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2007–0646, by one of the
following methods:
SUMMARY: This notice announces the
availability of additional information on
ADDRESSES:
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17:16 Feb 25, 2008
Jkt 214001
See the
information provided in the Direct Final
action of the same title, which is located
in the Rules and Regulations section of
this Federal Register.
SUPPLEMENTARY INFORMATION:
Authority: 42 U.S.C. 7401 et seq.
Dated: January 29, 2008.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E8–3339 Filed 2–25–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 260, 261, 262, 263, 264,
265, and 271
[EPA–HQ–RCRA–2001–0032; FRL–8534–1]
RIN 2050–AG20
Hazardous Waste Management
System; Modification of the Hazardous
Waste Manifest System
Environmental Protection
Agency (EPA).
ACTION: Notice of data availability and
request for comment.
PO 00000
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Sfmt 4702
the electronic manifest (e-Manifest)
project. Specifically, EPA’s Office of
Solid Waste and Emergency Response
(OSWER) has made significant progress
on the e-Manifest project since the
publication of the April 18, 2006 public
notice, which announced and requested
comment on our intention to develop a
centralized web-based information
technology (IT) system that would be
hosted on EPA’s IT architecture.
However, a few issues raised by
commenters in response to the April
2006 public notice require further
analysis on our part, as we make
decisions concerning the e-Manifest
system.
We received strong support in
response to the April 2006 public notice
to establish a national web-based system
funded through user-fees. In addition,
commenters generally supported our
position that use of e-Manifests should
be at the election of the users rather
than mandatory. However, some
commenters expressed concern that an
optional system would create dual
paper and electronic systems.
Furthermore, industry and state
comments in response to our position to
allow confidential business information
(CBI) claims for e-Manifests differed.
Therefore, as explained in this notice,
we are soliciting additional comment on
EPA’s position on these two issues. We
remain committed to finalizing a federal
regulation, once the necessary
legislation is enacted, that will
authorize the regulated community to
use electronic manifests as the legal
equivalent of paper manifests, and will
consider the comments received on this
notice, as well as other comments
received from previous actions, before
we make a final decision.
DATES: Comments must be received on
or before April 11, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
RCRA–2001–0032 by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: Comments may be sent by
electronic mail to: rcra-docket@epa.gov,
Attention Docket ID No. EPA–HQ–
RCRA–2001–0032.
• Fax: Comments may be faxed to
202–566–0272, Attention Docket ID No.
EPA–HQ–RCRA–2001–0032.
• Mail: Comments may be sent to
Environmental Protection Agency, EPA
Docket Center (EPA/DC), Resource
Conservation and Recovery Act (RCRA)
Docket, 5305T, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460,
Attention Docket ID No. EPA–HQ–
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26FEP1
Agencies
[Federal Register Volume 73, Number 38 (Tuesday, February 26, 2008)]
[Proposed Rules]
[Pages 10203-10204]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3339]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2007-0646; FRL-8526-9]
Approval and Promulgation of State Implementation Plans; Montana;
Interstate Transport of Pollution, New Definitions of PM and PM2.5
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve State Implementation Plan (SIP)
[[Page 10204]]
revisions submitted by the State of Montana on June 28, 2000 and April
16, 2007. The revisions update Administrative Rules of Montana (ARM)
provisions for Particulate Matter, and address Interstate Transport
Pollution requirements of section 110(a)(2)(D)(i) of the Clean Air Act.
On June 28, 2000, the Governor of Montana submitted revisions to ARM
rules 17.8.101--Definitions; 17.8.308--Particulate Matter, Airborne;
and 17.8.320--Wood Waste Burners. The June 28, 2000 submittal included
also a declaration certifying the adequacy of the State SIP in regard
to the infrastructure-related PM2.5 elements of section 110
of the Clean Air Act (CAA). In the April 16, 2007 submission, the
Governor requested EPA's review and approval of the ``Interstate
Transport Rule Declaration'' adopted into the Montana SIP on February
12, 2007. In that same letter, the Governor rescinded the State's
earlier request for approval of Montana's SIP in regard to the
infrastructure-related PM2.5 elements of section 110 of the
CAA. In light of this rescission, EPA is not taking action on this
declaration. This action is being proposed under section 110 of the
Clean Air Act.
In the ``Rules and Regulations'' section of this Federal Register,
EPA is approving the State's SIP revision as a direct final rule
without prior proposal because the Agency views this as a non-
controversial SIP revision and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the preamble to the
direct final rule. If EPA receives no adverse comments, EPA will not
take further action on this proposed rule. If EPA receives adverse
comments, EPA will withdraw the direct final rule and it will not take
effect. EPA will address all public comments in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if EPA receives an adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
DATES: Written comments must be received on or before March 27, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2007-0646, by one of the following methods:
https://www.regulations.gov. Follow the on line
instructions for submitting comments.
E-mail: videtich.callie@epa.gov and
mastrangelo.domenico@epa.gov.
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Callie Videtich, Director, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 1595 Wynkoop, Denver, Colorado 80202-1129.
Hand Delivery: Callie Videtich, Director, Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8,
Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129. Such
deliveries are only accepted Monday through Friday, 8 a.m. to 4:55
p.m., excluding Federal holidays. Special arrangements should be made
for deliveries of boxed information.
Please see the direct final rule, which is located in the Rules
Section of this Federal Register, for detailed instruction on how to
submit comments.
FOR FURTHER INFORMATION CONTACT: Domenico Mastrangelo, Air and
Radiation Program, U.S. Environmental Protection Agency, Region 8,
Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-
6436, mastrangelo.domenico@epa.gov.
SUPPLEMENTARY INFORMATION: See the information provided in the Direct
Final action of the same title, which is located in the Rules and
Regulations section of this Federal Register.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 29, 2008.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E8-3339 Filed 2-25-08; 8:45 am]
BILLING CODE 6560-50-P