Approval and Promulgation of Air Quality Implementation Plans; State of California; Regional Haze State Implementation Plan and Interstate Transport Plan; Interference With Visibility Requirement, 43149 [C1-2011-14479]
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Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Rules and Regulations
Order 13175 does not apply to this
action.
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
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
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 SIP disapproval
under section 110 will not in-and-of
itself create any new regulations but
simply disapproves certain state
requirements for inclusion into the SIP.
Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution or Use
This action 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.
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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 Office of
Management and Budget, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards. 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 CAA.
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
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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.
EPA lacks the discretionary authority
to address environmental justice in this
action. In reviewing SIP submissions,
EPA’s role is to approve or disapprove
state choices, based on the criteria of the
CAA. Accordingly, this action merely
disapproves certain state requirements
for inclusion into the SIP under section
110 of the CAA and will not in-and-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.
Congressional Review
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register.
A major rule cannot take effect until
60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Statutory Authority
The statutory authority for this action
is provided by section 110 of the CAA,
as amended (42 U.S.C. 7410).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter.
Dated: June 28, 2011.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2011–17741 Filed 7–19–11; 8:45 am]
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43149
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0131, FRL–9317–9]
Approval and Promulgation of Air
Quality Implementation Plans; State of
California; Regional Haze State
Implementation Plan and Interstate
Transport Plan; Interference With
Visibility Requirement
Correction
In rule document 2011–14479,
appearing on pages 34608–34611, in the
issue of June 14, 2011, make the
following correction:
On page 34608, in the second column,
in the Environmental Protection Agency
document, the subject is corrected to
appear as above.
[FR Doc. C1–2011–14479 Filed 7–19–11; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2011–0031; FRL–9440–7]
Approval and Promulgation of Air
Quality Implementation Plans; New
Mexico; Prevention of Significant
Deterioration; Greenhouse Gas
Tailoring Rule Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the New Mexico
Environment Department (NMED) to
EPA on December 1, 2010. This SIP
revision modifies New Mexico’s
Prevention of Significant Deterioration
(PSD) program to establish appropriate
emission thresholds for determining
which new stationary sources and
modification projects become subject to
New Mexico’s PSD permitting
requirements for their greenhouse gas
(GHG) emissions. EPA is fully
approving New Mexico’s December 1,
2010, PSD SIP revision because the
Agency has determined that this PSD
SIP revision is in accordance with
section 110 and part C of the Federal
Clean Air Act and EPA regulations
regarding PSD permitting for GHGs.
DATES: This final rule will be effective
August 19, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2011–0031. All
SUMMARY:
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Agencies
[Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)]
[Rules and Regulations]
[Page 43149]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: C1-2011-14479]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2011-0131, FRL-9317-9]
Approval and Promulgation of Air Quality Implementation Plans;
State of California; Regional Haze State Implementation Plan and
Interstate Transport Plan; Interference With Visibility Requirement
Correction
In rule document 2011-14479, appearing on pages 34608-34611, in the
issue of June 14, 2011, make the following correction:
On page 34608, in the second column, in the Environmental
Protection Agency document, the subject is corrected to appear as
above.
[FR Doc. C1-2011-14479 Filed 7-19-11; 8:45 am]
BILLING CODE 1505-01-D