Determination of Attainment for PM10, 64241-64242 [2010-26257]
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Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Proposed Rules
disapproval action does not include a
Federal mandate that may result in
estimated costs of $100 million or more
to either State, local, or tribal
governments in the aggregate, or to the
private sector. This action proposes to
disapprove pre-existing requirements
under State or local law, and imposes
no new requirements. Accordingly, no
additional costs to State, local, or tribal
governments, or to the private sector,
result from this action.
E. Executive Order 13132, Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that 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.’’
This action does not have federalism
implications. It will 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, because it
merely disapproves certain State
requirements for inclusion into the SIP
and does not alter the relationship or
the distribution of power and
responsibilities established in the Clean
Air Act. Thus, Executive Order 13132
does not apply to this action.
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F. Executive Order 13175, Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (59 FR 22951, November 9,
2000), because the SIP EPA is proposing
to disapprove would not apply in Indian
country located in the State, and EPA
notes that it will not impose substantial
direct costs on tribal governments or
preempt tribal law. Thus, Executive
Order 13175 does not apply to this
action.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
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under section 5–501 of the Executive
Order has the potential to influence the
regulation. This action is not subject to
Executive Order 13045 because it is not
an economically significant regulatory
action based on health or safety risks
subject to Executive Order 13045 (62 FR
19885, April 23, 1997). This proposed
SIP disapproval under section 110 and
subchapter I, part D of the Clean Air Act
will not in-and-of itself create any new
regulations but simply disapproves
certain State requirements for inclusion
into the SIP.
H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed rule is not subject to
Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. NTTAA directs EPA
to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
The EPA believes that this action is
not subject to requirements of Section
12(d) of NTTAA because application of
those requirements would be
inconsistent with the Clean Air Act.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
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64241
EPA lacks the discretionary authority
to address environmental justice in this
proposed action. In reviewing SIP
submissions, EPA’s role is to approve or
disapprove state choices, based on the
criteria of the Clean Air Act.
Accordingly, this action merely
proposes to disapprove certain State
requirements for inclusion into the SIP
under section 110 and subchapter I, part
D of the Clean Air Act and will not inand-of itself create any new
requirements. Accordingly, it does not
provide EPA with the discretionary
authority to address, as appropriate,
disproportionate human health or
environmental effects, using practicable
and legally permissible methods, under
Executive Order 12898.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen
oxides, Nonattainment, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 8, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 2010–26259 Filed 10–18–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[Docket: EPA–R10–OAR–2010–0433; FRL–
9214–8]
Determination of Attainment for PM10:
Eagle River PM10 Nonattainment Area,
Alaska
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA proposed to determine
that the Eagle River nonattainment area
in Alaska attained the National Ambient
Air Quality Standard for particulate
matter with an aerodynamic diameter of
less than or equal to a nominal ten
micrometers (PM10) as of December 31,
1994.
DATES: Comments must be received on
or before November 18, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2010–0433, by any of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
SUMMARY:
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64242
Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Proposed Rules
jlentini on DSKJ8SOYB1PROD with PROPOSALS
• E-mail: vaupel.claudia@epa.gov.
• Mail: Claudia Vergnani Vaupel,
U.S. EPA Region 10, Office of Air, Waste
and Toxics, AWT–107, 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101
• Hand Delivery/Courier: U.S. EPA
Region 10, 1200 Sixth Avenue, Suite
900, Seattle, WA 98101. Attention:
Claudia Vergnani Vaupel, Office of Air,
Waste and Toxics, AWT–107. Such
deliveries are only accepted during
normal hours of operation, and 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
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Claudia Vergnani Vaupel at telephone
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number: (206) 553–6121, e-mail address:
vaupel.claudia@epa.gov, or the above
EPA, Region 10 address.
SUPPLEMENTARY INFORMATION: For
further information, please see the
direct final action, of the same title,
which is located in the Rules section of
this Federal Register. EPA is approving
the attainment determination as a direct
final rule without prior proposal
because EPA views this as a
noncontroversial action 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
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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
on this action should do so at this time.
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, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
Dated: October 7, 2010.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2010–26257 Filed 10–18–10; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 75, Number 201 (Tuesday, October 19, 2010)]
[Proposed Rules]
[Pages 64241-64242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26257]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[Docket: EPA-R10-OAR-2010-0433; FRL-9214-8]
Determination of Attainment for PM10: Eagle River PM10
Nonattainment Area, Alaska
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA proposed to determine that the Eagle River nonattainment
area in Alaska attained the National Ambient Air Quality Standard for
particulate matter with an aerodynamic diameter of less than or equal
to a nominal ten micrometers (PM10) as of December 31, 1994.
DATES: Comments must be received on or before November 18, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2010-0433, by any of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
[[Page 64242]]
E-mail: vaupel.claudia@epa.gov.
Mail: Claudia Vergnani Vaupel, U.S. EPA Region 10, Office
of Air, Waste and Toxics, AWT-107, 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101
Hand Delivery/Courier: U.S. EPA Region 10, 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101. Attention: Claudia Vergnani
Vaupel, Office of Air, Waste and Toxics, AWT-107. Such deliveries are
only accepted during normal hours of operation, and 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 instructions on how to
submit comments.
FOR FURTHER INFORMATION CONTACT: Claudia Vergnani Vaupel at telephone
number: (206) 553-6121, e-mail address: vaupel.claudia@epa.gov, or the
above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION: For further information, please see the
direct final action, of the same title, which is located in the Rules
section of this Federal Register. EPA is approving the attainment
determination as a direct final rule without prior proposal because EPA
views this as a noncontroversial action 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 on this action should do so at this time.
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, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
Dated: October 7, 2010.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2010-26257 Filed 10-18-10; 8:45 am]
BILLING CODE 6560-50-P
