Approval and Promulgation of Implementation Plans; Texas; El Paso County Carbon Monoxide Redesignation to Attainment, and Approval of Maintenance Plan, 45186-45187 [E8-17701]

Download as PDF 45186 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Proposed Rules ebenthall on PRODPC60 with PROPOSALS 3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. 4. Describe any assumptions and provide any technical information and/ or data that you used. 5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. 6. Provide specific examples to illustrate your concerns, and suggest alternatives. 7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. 8. Make sure to submit your comments by the comment period deadline identified. II. What action is EPA taking today and what is the basis for this action? Section 110 of the Act is the authority under which Congress has directed EPA to act on SIPs and SIP revisions. Section 110(a) establishes the applicable procedures for SIP development and submission. The trigger for these activities is the promulgation of NAAQS; and the focus of the State’s efforts is to develop ‘‘a plan which provides for implementation, maintenance, and enforcement’’ of the NAAQS. Section 110(a)(1). EPA must then determine whether the submission contains the air quality-related components prescribed in section 110(a)(2). Other than for lead, which is both a HAP and criteria pollutant, Section 110 does not provide parameters to determine the approvability of a HAP provision. Instead, in the 1990 Amendments to the Act, Congress envisioned that HAPs (including the then-listed EGBE) would be regulated under section 112. State programs for hazardous pollutants, including delegations, are governed by section 112(l) of the Act. They should not be included in the SIP under section 110. EPA is, therefore, proposing to correct its June 12, 2006, approval of Indiana’s requested revision to delete EGBE from the definition of ‘‘hazardous air pollutant’’ in 326 IAC 1–2–33.5. Section 110(k)(6) of the Act provides that whenever EPA determines that its action approving, disapproving, or promulgating any plan or plan revision (or part thereof), * * * was in error, EPA may revise such action as appropriate without requiring any further submission from the State. Therefore, under section 110(k)(6), EPA is rescinding its exclusion of EGBE from Indiana’s definition of HAP, as well as Indiana’s definition of HAP in 326 IAC 1–2–33.5, from Indiana’s ozone SIP. VerDate Aug<31>2005 15:20 Aug 01, 2008 Jkt 214001 III. 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 proposed 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 correct an error and 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 correct an error and approve preexisting 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 tribal implications because it will 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). This proposed action also does not have Federalism implications because it does not 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). This action merely proposes to correct an error and approve a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 the Clean Air Act. 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 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 Clean Air Act. 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. This proposed rule 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, Intergovernmental relations, Ozone, Hazardous air pollutants, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: July 22, 2008. Bharat Mathur, Acting Regional Administrator, Region 5. [FR Doc. E8–17809 Filed 8–1–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R06–OAR–2006–0386; FRL–8700–1] Approval and Promulgation of Implementation Plans; Texas; El Paso County Carbon Monoxide Redesignation to Attainment, and Approval of Maintenance Plan Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: On February 13, 2008, the Texas Commission on Environmental Quality (TCEQ) submitted a State Implementation Plan (SIP) revision to request redesignation of the El Paso carbon monoxide (CO) nonattainment area to attainment for the CO National Ambient Air Quality Standard (NAAQS). This submittal also included a CO maintenance plan for the El Paso area and associated Motor Vehicle Emission Budgets (MVEBs). The maintenance plan was developed to ensure continued attainment of the CO NAAQS for a period of 10 years from the effective date of EPA approval of redesignation to attainment. In this action, EPA is proposing to approve the E:\FR\FM\04AUP1.SGM 04AUP1 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Proposed Rules El Paso CO redesignation request and the maintenance plan with its associated MVEBs as satisfying the requirements of the Federal Clean Air Act (CAA) as amended in 1990. ENVIRONMENTAL PROTECTION AGENCY Written comments must be received by September 3, 2008. Tentative Determination to Approve Research, Development, and Demonstration Request for the Salt River Landfill, and Proposed Finding of No Adverse Effect Under the National Historic Preservation Act; Opportunity for Public Comment 40 CFR Part 258 [EPA–R09–RCRA–2008–0354; FRL–8700–3] DATES: Comments may be mailed to Mr. Guy Donaldson, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Comments may also be submitted electronically or through hand delivery/ courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, Air Planning Section (6PD–L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733, telephone 214–665–8542; fax number 214–665–7263; e-mail address riley.jeffrey@epa.gov. SUPPLEMENTARY INFORMATION: I. Why is EPA issuing this proposed rule? ebenthall on PRODPC60 with PROPOSALS This document proposes to take action on SIP revisions pertaining to the El Paso area. We have published a direct final rule approving the State’s SIP revisions in the ‘‘Rules and Regulations’’ section of this Federal Register because we view this as a noncontroversial action and anticipate no adverse comment. We have explained our reasons for this action in the preamble to the direct final rule. If we receive no relevant adverse comment, we will not take further action on this proposed rule. If we receive relevant adverse comment, we will withdraw the direct final rule and it will not take effect. We would address all public comments in any subsequent final rule based on this proposed rule. We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information, please see the information provided in the ADDRESSES section of this document. Dated: July 18, 2008. Richard E. Greene, Regional Administrator, Region 6. [FR Doc. E8–17701 Filed 8–1–08; 8:45 am] BILLING CODE 6560–50–P VerDate Aug<31>2005 15:20 Aug 01, 2008 Jkt 214001 Environmental Protection Agency (EPA). ACTION: Notice of proposed rulemaking. AGENCY: SUMMARY: The Environmental Protection Agency Region IX is making a tentative determination to approve a research, development, and demonstration (RD&D) project at the Salt River Landfill, a commercial municipal solid waste landfill (MSWLF) owned and operated by the Salt River PimaMaricopa County Indian Community (SRPMIC) on the SRPMIC reservation in Arizona. EPA is seeking public comment on EPA’s tentative determination to approve SRPMIC’s RD&D project. Pursuant to the National Historic Preservation Act (NHPA), EPA is also seeking public comment on EPA’s proposed Area of Potential Effects (APE), the proposed finding that the Arizona Canal is the sole historic property within the APE, and the proposed finding that the RD&D project will not adversely affect the Arizona Canal. DATES: Comments must be received on or before September 30, 2008. If sufficient public interest is expressed, EPA will hold a public hearing at 11 a.m. on September 30, 2008. If by September 18, 2008, EPA does not receive information indicating sufficient public interest for a public hearing, EPA may cancel the public hearing with no further notice. If you are interested in attending the public hearing, contact Karen Ueno at (415) 972–3317 to verify that a hearing will be held. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– RCRA–2008–0354 by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: ueno.karen@epa.gov. • Fax: (415) 947–3530 • Mail: Karen Ueno, Environmental Protection Agency Region IX, Mailcode: WST–7, 75 Hawthorne Street, San Francisco, CA 94105–3901. • Hand Delivery: Environmental Protection Agency Region IX, 75 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 45187 Hawthorne Street, San Francisco, CA. Such deliveries are only accepted during the Docket Facility’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R09–RCRA–2008– 0354. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. 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. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the Docket Facility located at the Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, California. A complete public portion of the administrative record for this rulemaking is also available for review at the Docket Facility upon request. The Docket Facility is open from 9 a.m. to 4 p.m., Monday through E:\FR\FM\04AUP1.SGM 04AUP1

Agencies

[Federal Register Volume 73, Number 150 (Monday, August 4, 2008)]
[Proposed Rules]
[Pages 45186-45187]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17701]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2006-0386; FRL-8700-1]


Approval and Promulgation of Implementation Plans; Texas; El Paso 
County Carbon Monoxide Redesignation to Attainment, and Approval of 
Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On February 13, 2008, the Texas Commission on Environmental 
Quality (TCEQ) submitted a State Implementation Plan (SIP) revision to 
request redesignation of the El Paso carbon monoxide (CO) nonattainment 
area to attainment for the CO National Ambient Air Quality Standard 
(NAAQS). This submittal also included a CO maintenance plan for the El 
Paso area and associated Motor Vehicle Emission Budgets (MVEBs). The 
maintenance plan was developed to ensure continued attainment of the CO 
NAAQS for a period of 10 years from the effective date of EPA approval 
of redesignation to attainment. In this action, EPA is proposing to 
approve the

[[Page 45187]]

El Paso CO redesignation request and the maintenance plan with its 
associated MVEBs as satisfying the requirements of the Federal Clean 
Air Act (CAA) as amended in 1990.

DATES: Written comments must be received by September 3, 2008.

ADDRESSES: Comments may be mailed to Mr. Guy Donaldson, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be 
submitted electronically or through hand delivery/courier by following 
the detailed instructions in the ADDRESSES section of the direct final 
rule located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-8542; fax number 
214-665-7263; e-mail address riley.jeffrey@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Why is EPA issuing this proposed rule?

    This document proposes to take action on SIP revisions pertaining 
to the El Paso area. We have published a direct final rule approving 
the State's SIP revisions in the ``Rules and Regulations'' section of 
this Federal Register because we view this as a noncontroversial action 
and anticipate no adverse comment. We have explained our reasons for 
this action in the preamble to the direct final rule.
    If we receive no relevant adverse comment, we will not take further 
action on this proposed rule. If we receive relevant adverse comment, 
we will withdraw the direct final rule and it will not take effect. We 
would address all public comments in any subsequent final rule based on 
this proposed rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

    Dated: July 18, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
 [FR Doc. E8-17701 Filed 8-1-08; 8:45 am]
BILLING CODE 6560-50-P