Approval and Promulgation of Implementation Plans; Corrections to the Arizona and Nevada State Implementation Plans, 51824-51825 [E9-24192]

Download as PDF 51824 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Proposed Rules 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 http:// 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 electronic docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Delaware Department of Natural Resources and Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 19903. FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814–2176, or by e-mail at rehn.brian@epa.gov. srobinson on DSKHWCL6B1PROD with PROPOSALS SUPPLEMENTARY INFORMATION: For further information, please see the information provided in the direct final action, with the same title, that is located in the ‘‘Rules and Regulations’’ section of this Federal Register publication. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule to limit idling of heavy duty vehicles in Delaware, 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. VerDate Nov<24>2008 17:02 Oct 07, 2009 Jkt 220001 Dated: September 25, 2009. William C. Early, Acting Regional Administrator, Region III. [FR Doc. E9–24186 Filed 10–7–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2009–0435; FRL–8966–4] Approval and Promulgation of Implementation Plans; Corrections to the Arizona and Nevada State Implementation Plans AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to delete certain statutes and rules that were erroneously approved by EPA under the Clean Air Act as part of the Arizona and Nevada state implementation plans. The rules that are the subject of this proposal were adopted by Pima County Health Department in Arizona and the State Environmental Commission, Clark County District Board of Health, and Washoe County District Board of Health in Nevada. The statutes and rules that EPA is proposing to delete relate to general declarations of policy, advisory committees, variances, and incidental fees and nuisance odors. EPA is proposing to delete these statutes and rules under section 110(k)(6) of the Clean Air Act. DATES: Any comments on this proposal must arrive by November 9, 2009. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2009–0435, by one of the following methods: 1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions. 2. E-mail: allen.cynthia@epa.gov. 3. Mail or deliver: Cynthia Allen (AIR–4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at http://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 http://www.regulations.gov or e-mail. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 The http://www.regulations.gov portal 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 action is available electronically at http://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 INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Cynthia Allen, Rules Office (AIR–4), U.S. Environmental Protection Agency, Region IX, (415) 947–4120, allen.cynthia@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. This proposal addresses a number of statutes and rules that EPA has determined were previously approved in error into the Arizona and Nevada state implementation plans (SIPs). EPA is proposing to delete these statutes and rules from the respective SIPs under section 110(k)(6) of the Clean Air Act, which provides EPA authority to remove these statutes and rules without additional State submission. In the Rules and Regulations section of this Federal Register, we are deleting these statutes and rules in a direct final action without prior proposal because we believe the deletion of them is not controversial. Please see the direct final action for a list of the specific statutes and rules that are the subject of this action. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in a subsequent action based on this proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. E:\FR\FM\08OCP1.SGM 08OCP1 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Proposed Rules We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. Dated: September 15, 2009. Laura Yoshii, Acting Regional Administrator, Region IX. [FR Doc. E9–24192 Filed 10–7–09; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R8–ES–2008–0089; 81420–1117–8B10 B4] RIN 1018–AV90 Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the California RedLegged Frog (Rana aurora draytonii) AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of comment period, availability of revised draft economic analysis, and amended required determinations. srobinson on DSKHWCL6B1PROD with PROPOSALS SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our September 16, 2008, and April 28, 2009, proposal to revise the designation of critical habitat for the California redlegged frog under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a revised draft economic analysis (DEA). We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed revision of critical habitat and the associated revised DEA. Comments previously submitted on this rulemaking do not need to be resubmitted. These comments have already been incorporated into the public record and will be fully considered in preparation of the final rule. DATES: We will accept comments received on or before November 9, 2009. ADDRESSES: You may submit comments by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments to Docket No. FWS–R8–ES–2008–0089. • U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS–R8– VerDate Nov<24>2008 17:02 Oct 07, 2009 Jkt 220001 ES–2008–0089; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203. We will not accept e-mail or faxes. We will post all comments on http:// www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section below for more information). FOR FURTHER INFORMATION CONTACT: Susan Moore, Field Supervisor, U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W–2605, Sacramento, CA 95825; telephone 916–414–6600; facsimile 916–414–6712. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Public Comments We will accept written comments and information during this reopened comment period on our proposed revision to critical habitat for the California red-legged frog published in the Federal Register on September 16, 2008 (73 FR 53492), and revised in the Federal Register on April 28, 2009 (74 FR 19184), and the current revised DEA (IEc 2009b) of the proposed revised designation. We will consider information and recommendations from all interested parties. We are particularly interested in comments concerning: (1) The reasons why we should or should not designate habitat as critical habitat under section 4 of the Act (16 U.S.C. 1531 et seq.), including whether there are threats to the subspecies from human activity, the degree of which can be expected to increase due to the designation, and whether that increase in threat outweighs the benefit of designation such that the designation of critical habitat is not prudent. (2) Specific information on: • The amount and distribution of California red-legged frog habitat, • Locations within the geographical area occupied at the time of listing that contain features essential to the conservation of the subspecies that we should include in the designation and why, and • Locations not within the geographical area occupied at the time of listing that are essential to the conservation of the subspecies and why. (3) Land use designations and current or planned activities in the subject areas and their possible impacts on proposed revised critical habitat. (4) Probable economic, national security, or other relevant impacts of PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 51825 designating particular areas as critical habitat. We are particularly interested in any impacts on small entities, and the benefits of including or excluding areas that exhibit these impacts. (5) The potential exclusion from final revised critical habitat, and whether such exclusion is appropriate and why, of non-Federal lands: • Covered by the East Contra Costa County Habitat Conservation Plan (ECCHCP), • Owned and managed by the East Bay Regional Park District within the boundaries of the ECCHCP, • Covered by the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), and • Covered by the Bonny Doon Settlement Ponds Habitat Conservation Plan. (6) Whether the lands proposed as critical habitat on Department of Defense land at Vandenberg Air Force Base in Santa Barbara County and Camp San Luis Obispo in San Luis Obispo County should be exempted under section 4(a)(3) of the Act or excluded under section 4(b)(2) of the Act and why. (7) Whether the U.S. Forest Service lands managed under the Sierra Nevada Forest Plan Amendment within the units being proposed as critical habitat should be excluded under section 4(b)(2) of the Act and why. (8) Whether Unit CAL–1 (Young’s Creek) in Calaveras County should be excluded under section 4(b)(2) of the Act and why. (9) Whether changes made to the proposed critical habitat Unit MEN–1 in Mendocino County appropriately reflect the current knowledge of the subspecies distribution and occurrence within the area and whether that area should be designated as critical habitat. (10) Information on the extent to which any Federal, State, and local environmental protection measures we reference in the revised DEA were adopted largely as a result of the subspecies’ listing. (11) Information on whether the revised DEA identifies all Federal, State, and local costs and benefits attributable to the proposed revision of critical habitat, and information on any costs or benefits that we may have overlooked. (12) Information on whether the revised DEA makes appropriate assumptions regarding current practices and any regulatory changes that likely may occur if we designate revised critical habitat. (13) Information on whether the revised DEA correctly assesses the effect on regional costs associated with any land use controls that may result from E:\FR\FM\08OCP1.SGM 08OCP1

Agencies

[Federal Register Volume 74, Number 194 (Thursday, October 8, 2009)]
[Proposed Rules]
[Pages 51824-51825]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24192]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0435; FRL-8966-4]


Approval and Promulgation of Implementation Plans; Corrections to 
the Arizona and Nevada State Implementation Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to delete certain statutes and rules that 
were erroneously approved by EPA under the Clean Air Act as part of the 
Arizona and Nevada state implementation plans. The rules that are the 
subject of this proposal were adopted by Pima County Health Department 
in Arizona and the State Environmental Commission, Clark County 
District Board of Health, and Washoe County District Board of Health in 
Nevada. The statutes and rules that EPA is proposing to delete relate 
to general declarations of policy, advisory committees, variances, and 
incidental fees and nuisance odors. EPA is proposing to delete these 
statutes and rules under section 110(k)(6) of the Clean Air Act.

DATES: Any comments on this proposal must arrive by November 9, 2009.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0435, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions.
    2. E-mail: allen.cynthia@epa.gov.
    3. Mail or deliver: Cynthia Allen (AIR-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at http://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 http://www.regulations.gov or e-mail. The http://www.regulations.gov portal 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 action is available 
electronically at http://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 INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Cynthia Allen, Rules Office (AIR-4), 
U.S. Environmental Protection Agency, Region IX, (415) 947-4120, 
allen.cynthia@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA. This proposal addresses a number of statutes and 
rules that EPA has determined were previously approved in error into 
the Arizona and Nevada state implementation plans (SIPs). EPA is 
proposing to delete these statutes and rules from the respective SIPs 
under section 110(k)(6) of the Clean Air Act, which provides EPA 
authority to remove these statutes and rules without additional State 
submission.
    In the Rules and Regulations section of this Federal Register, we 
are deleting these statutes and rules in a direct final action without 
prior proposal because we believe the deletion of them is not 
controversial. Please see the direct final action for a list of the 
specific statutes and rules that are the subject of this action. If we 
receive adverse comments, however, we will publish a timely withdrawal 
of the direct final rule and address the comments in a subsequent 
action based on this proposed rule. Please note that if we receive 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, we may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

[[Page 51825]]

    We do not plan to open a second comment period, so anyone 
interested in commenting should do so at this time. If we do not 
receive adverse comments, no further activity is planned. For further 
information, please see the direct final action.

    Dated: September 15, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E9-24192 Filed 10-7-09; 8:45 am]
BILLING CODE 6560-50-P