Approval and Promulgation of Implementation Plans; Nevada; Determination of Attainment for the Clark County 8-Hour Ozone Nonattainment Area, 17373 [2011-7222]

Download as PDF Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Proposed Rules wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 hour ozone standard due to permanent and enforceable emissions reductions. VII. Statutory and Executive Order Reviews This action proposes to make a determination of termination of the CAA section 185 penalty fee requirement based on attainment of the 1-hour ozone standard due to permanent and enforceable emission reductions, and would, if finalized, result in the termination of the section 185 fee requirements for the 1-hour standard, and would not impose any additional requirements. For that reason, this proposed action: Æ Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); Æ Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Æ Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Æ 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); Æ Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Æ Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Æ Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Æ Is not subject to the requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Æ 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 (59 FR 7629, February 16, 1994). In addition, this rule does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to 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. VerDate Mar<15>2010 13:41 Mar 28, 2011 Jkt 223001 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401, et seq. Dated: March 19, 2011. Al Armendariz, Regional Administrator, Region 6. [FR Doc. 2011–7325 Filed 3–28–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2011–0169; FRL–9286–9] Approval and Promulgation of Implementation Plans; Nevada; Determination of Attainment for the Clark County 8-Hour Ozone Nonattainment Area Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA proposes to determine that the Clark County (Nevada) 8-hour ozone nonattainment area has attained the 1997 8-hour ozone national ambient air quality standards (NAAQS). This proposed determination is based upon complete, quality-assured, and certified ambient air monitoring data that show the area has monitored attainment of the 1997 8-hour ozone NAAQS for the 2007 to 2009 monitoring period. Preliminary air quality monitoring data available for 2010 are consistent with continued attainment. Based on this proposed determination, the requirement for the State of Nevada to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning requirements related to attainment of the 1997 8-hour ozone NAAQS for the Clark County ozone nonattainment area would be suspended for as long as the nonattainment area continues to meet the 1997 8-hour ozone NAAQS. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before April 28, 2011. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2011–0169, by one of the following methods: 1. http://www.regulations.gov: Follow the on-line instructions for submitting comments. SUMMARY: PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 17373 2. E-mail: kelly.johnj@epa.gov. 3. Fax: (415) 947–3579. 4. Mail: ‘‘EPA–R09–OAR–2011–0169,’’ Lisa Hanf, Chief, Air Planning Office, Air Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street (Air-2), San Francisco, California 94105. 5. Hand Delivery or Courier: At the previously-listed EPA Region IX address. Such deliveries are only accepted during the Docket’s 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. John Kelly, (415) 947–4151, or by e-mail at kelly.johnj@epa.gov. FOR FURTHER INFORMATION CONTACT: 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 and related suspension of attainment planning-related SIP submittal requirements 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 determination and suspension of attainment-related SIP submittal requirements 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. SUPPLEMENTARY INFORMATION: Dated: March 15, 2011. Jared Blumenfeld, Regional Administrator, EPA Region IX. [FR Doc. 2011–7222 Filed 3–28–11; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\29MRP1.SGM 29MRP1

Agencies

[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Proposed Rules]
[Page 17373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7222]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0169; FRL-9286-9]


Approval and Promulgation of Implementation Plans; Nevada; 
Determination of Attainment for the Clark County 8-Hour Ozone 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to determine that the Clark County (Nevada) 8-
hour ozone nonattainment area has attained the 1997 8-hour ozone 
national ambient air quality standards (NAAQS). This proposed 
determination is based upon complete, quality-assured, and certified 
ambient air monitoring data that show the area has monitored attainment 
of the 1997 8-hour ozone NAAQS for the 2007 to 2009 monitoring period. 
Preliminary air quality monitoring data available for 2010 are 
consistent with continued attainment. Based on this proposed 
determination, the requirement for the State of Nevada to submit an 
attainment demonstration and associated reasonably available control 
measures (RACM), a reasonable further progress (RFP) plan, contingency 
measures, and other planning requirements related to attainment of the 
1997 8-hour ozone NAAQS for the Clark County ozone nonattainment area 
would be suspended for as long as the nonattainment area continues to 
meet the 1997 8-hour ozone NAAQS. This action is being taken under the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before April 28, 2011.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0169, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: kelly.johnj@epa.gov.
    3. Fax: (415) 947-3579.
    4. Mail: ``EPA-R09-OAR-2011-0169,'' Lisa Hanf, Chief, Air Planning 
Office, Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street (Air-2), San Francisco, California 94105.
    5. Hand Delivery or Courier: At the previously-listed EPA Region IX 
address. Such deliveries are only accepted during the Docket's 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: John Kelly, (415) 947-4151, or by e-
mail at kelly.johnj@epa.gov.

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 and related suspension of attainment planning-related SIP 
submittal requirements 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 determination and 
suspension of attainment-related SIP submittal requirements 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: March 15, 2011.
Jared Blumenfeld,
Regional Administrator, EPA Region IX.
[FR Doc. 2011-7222 Filed 3-28-11; 8:45 am]
BILLING CODE 6560-50-P