Revisions to the California State Implementation Plan, South Coast Air Quality Management District, 72142-72144 [2011-30156]
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72142
Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Proposed Rules
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increases or decreases will be
incremental. In addition, small,
unaffiliated entities generally occupy
less Federal lands than larger projects
that generate more power. Therefore, as
a class of licensees, small entities would
be less impacted by an annual charge for
the use of Federal lands. Furthermore,
this proposed rule does not incur any
additional compliance or recordkeeping
costs on any licensees occupying
Federal lands. Consequently, the
proposed rule should not impose a
significant economic impact on small
entities.
70. Based on this understanding, the
Commission certifies that the proposed
rule will not have a significant
economic impact on a substantial
number of small entities. Accordingly,
no regulatory flexibility analysis is
required.
D. Comment Procedures
71. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due January 6, 2012.
Comments must refer to Docket No.
RM11–6–000, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address in their comments.
72. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
web site at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
73. Commenters that are not able to
file comments electronically must send
an original of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
74. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
E. Document Availability
75. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
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document via the Internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street NE.,
Room 2A, Washington, DC 20426.
76. From the Commission’s Home
Page on the Internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
77. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from the
Commission’s Online Support at (202)
502–6652 (toll free at 1–(866) 208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
List of Subjects in 18 CFR Part 11
Dams, Electric power, Indians-lands,
Public lands, Reporting and
recordkeeping requirements.
By direction of the Commission.
Commissioner Spitzer is not participating.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the
Commission proposes to amend Part 11,
Chapter I, Title 18, Code of Federal
Regulations, as follows:
PART 11—ANNUAL CHARGES UNDER
PART I OF THE FEDERAL POWER ACT
1. The authority citation for part 11
continues to read as follows:
Authority: 16 U.S.C. 791a–825r; 42 U.S.C.
7101–7352.
§ 11.2
[Amended]
2. Amend § 11.2 by deleting
paragraph (a).
3. Amend § 11.2 by revising paragraph
(b) to read as follows:
(b) Pending further order of the
Commission, annual charges for the use
of government lands will be payable in
advance, and will be set on the basis of
an annual schedule of rental fees for
linear rights-of-way as set out in
Appendix A of this part. Annual charges
for transmission line rights of way and
other project lands will be equal to the
per-acre charges established by the
above schedule. The Commission, by its
designee the Executive Director, will
update its fee schedule to reflect
changes in land values established by
the U.S. National Agricultural Statistics
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Fmt 4702
Sfmt 4702
Service Census, and to reflect changes
in the annual adjustment factor, as
calculated by the U.S. Bureau of Land
Management. The Executive Director
will publish the updated fee schedule in
the Federal Register.
4. Amend § 11.2 by deleting existing
paragraphs (c)(1) and (c)(2).
5. Amend § 11.2 by redesignating
paragraph (b) as new paragraph (a), and
by redesignating paragraphs (d) and (e)
as new paragraphs (b) and (c),
respectively.
[FR Doc. 2011–30110 Filed 11–21–11; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0875; FRL–9495–1]
Revisions to the California State
Implementation Plan, South Coast Air
Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
revisions to the South Coast Air Quality
Management District portion of the
California State Implementation Plan
(SIP). These revisions concern
particulate matter (PM) emissions from
paved and unpaved roads and livestock
operations and aggregate and related
operations. We are approving local rules
that regulate these emission sources
under the Clean Air Act as amended in
1990 (CAA or the Act). We are taking
comments on this proposal and plan to
follow with a final action.
DATE: Any comments must arrive by
December 22, 2011.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2011–0875, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(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 https://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
SUMMARY:
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Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Proposed Rules
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or email.
https://www.regulations.gov 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
email directly to EPA, your email
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: Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov and in hard copy
72143
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed at
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps), 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.
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rule and rule revision?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. EPA Recommendations To Further
Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
FOR FURTHER INFORMATION CONTACT:
I. The State’s Submittal
Christine Vineyard, EPA Region IX,
(415) 947–4125,
vineyard.christine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
A. What rules did the State submit?
Table 1 lists the rules addressed by
this proposal with the dates that they
were adopted by the local air agency
and submitted by the California Air
Resources Board.
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
SCAQMD ........................................................
1157
SCAQMD ........................................................
1186
On June 8, 2010 and April 20, 2009,
EPA determined that the submittals for
SCAQMD Rule 1157 and Rule 1186,
respectively, met the completeness
criteria in 40 CFR part 51, Appendix V,
which must be met before formal EPA
review.
B. Are there other versions of these
rules?
There is no previous version of Rule
1157 in the SIP, although the SCAQMD
adopted an earlier version of this rule
on January 7, 2005 which was not
submitted to us. Rule 1157 was
amended on September 6, 2006, and
CARB submitted it to us on May 17,
2010. We approved an earlier version of
Rule 1186 into the SIP on November 14,
2005 (70 FR 69081). The SCAQMD
adopted a revision to the SIP-approved
version on July 11, 2008 and CARB
submitted it to us on December 23,
2008.
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C. What is the purpose of the submitted
rule and rule revision?
PM contributes to effects that are
harmful to human health and the
environment, including premature
mortality, aggravation of respiratory and
cardiovascular disease, decreased lung
function, visibility impairment, and
damage to vegetation and ecosystems.
Section 110(a) of the CAA requires
States to submit regulations that control
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Rule title
PM10 Emission Reduction from Aggregate
and Related Operations.
PM10 Emissions from Paved and Unpaved
Roads and Livestock Operations.
PM emissions. Rule 1157 reduces
fugitive dust PM10 emissions from
aggregate and related operations
including loading and unloading
activities, process equipment, open
storage piles, unpaved and paved roads
inside the facilities, and track out.
Amended Rule 1186 controls PM from
paved and unpaved public roads, and
livestock operations. The rule was
amended to require submission of data
to demonstrate that the street sweeper
performance has not been affected by
requirements in the SIP-approved rule;
and also to establish a process by which
aftermarket parts suppliers may qualify
to sell replacement parts while
maintaining the original equipment
certification. EPA’s technical support
documents (TSDs) have more
information about these rules.
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
Generally, SIP rules must be
enforceable (see section 110(a) of the
Act) and must not relax existing
requirements (see sections 110(l) and
193). In addition, SIP rules must
implement Reasonably Available
Control Measures (RACM), including
Reasonably Available Control
Technology (RACT), in moderate PM
nonattainment areas, and Best Available
Control Measures (BACM), including
Best Available Control Technology
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Adopted
Fmt 4702
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Submitted
09/06/2006
05/17/2010
07/11/2008
12/23/2008
(BACT), in serious PM nonattainment
areas (see CAA sections 189(a)(1) and
189(b)(1)). The SCAQMD regulates a PM
nonattainment area classified as serious
(see 40 CFR part 81), so Rules 1157 and
1186 must fulfill BACM.
Guidance and policy documents that
we use to evaluate enforceability and
RACM or BACM requirements
consistently include the following:
1. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and
Deviations; Clarification to
Appendix D of November 24, 1987
Federal Register Notice,’’ (Blue
Book), notice of availability
published in the May 25, 1988
Federal Register.
2. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies,’’ EPA Region 9,
August 21, 2001 (the Little
Bluebook).
3. ‘‘State Implementation Plans; General
Preamble for the Implementation of
Title I of the Clean Air Act
Amendments of 1990,’’ 57 FR 13498
(April 16, 1992); 57 FR 18070 (April
28, 1992).
4. ‘‘State Implementation Plans for
Serious PM–10 Nonattainment
Areas, and Attainment Date
Waivers for PM–10 Nonattainment
Areas Generally; Addendum to the
General Preamble for the
Implementation of Title I of the
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72144
Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Proposed Rules
Clean Air Act Amendments of
1990,’’ 59 FR 41998 (August 16,
1994).
5. ‘‘PM–10 Guideline Document,’’ EPA
452/R–93–008, April 1993.
6. ‘‘Fugitive Dust Background Document
and Technical Information
Document for Best Available
Control Measures,’’ EPA 450/2–92–
004, September 1992.
B. Do the rules meet the evaluation
criteria?
We believe these rules are consistent
with the relevant policy and guidance
regarding enforceability, RACM, BACM,
and SIP relaxations. The TSDs have
more information on our evaluation.
C. Public Comment and Final Action
Because EPA believes the submitted
rules fulfill all relevant requirements,
we are proposing to fully approve them
as described in section 110(k)(3) of the
Act. We will accept comments from the
public on this proposal for the next 30
days. Unless we receive convincing new
information during the comment period,
we intend to publish a final approval
action that will incorporate these rules
into the federally enforceable SIP.
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III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this proposed action
merely proposes to approve State law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by State law. For
that reason, this proposed action:
• 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);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• 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.);
• 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);
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• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to 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
• Does not provide EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed action 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 4, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011–30156 Filed 11–21–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket Nos. 00–168; 00–44; FCC 11–
162]
Standardized and Enhanced
Disclosure Requirements for
Television Broadcast Licensee Public
Interest Obligations; Extension of the
Filing Requirement for Children’s
Television Programming Report (FCC
Form 398)
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
In this document, the
Commission seeks comment on a
proposed requirement that each
television station’s public inspection
file be made available in an online
public file to be hosted on the
Commission’s Web site.
DATES: Comments for this proceeding
are due on or before December 22, 2011;
reply comments are due on or before
January 6, 2012. Written PRA comments
on the proposed information collection
requirements contained herein must be
submitted by the public, Office of
Management and Budget (OMB), and
other interested parties on or before
January 23, 2012.
ADDRESSES: You may submit comments,
identified by MB Docket Nos. 00–168
and 00–44, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Federal Communications
Commission’s Electronic Comment
Filing System (ECFS) Web Site: https://
fjallfoss.fcc.gov/ecfs/. Follow the
instructions for submitting comments.
Mail: Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
People With Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: (202) 418–0530 or TTY: (202)
418–0432.
In addition to filing comments with
the Secretary, a copy of any comments
on the Paperwork Reduction Act
proposed information collection
requirements contained herein should
be submitted to the Federal
Communications Commission via email
to PRA@fcc.gov and to Nicholas A.
Fraser, Office of Management and
Budget, via email to Nicholas_A._
Fraser@omb.eop.gov or via fax at (202)
395–5167. For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the supplementary information
section of this document.
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact Holly Saurer,
Holly.Saurer@fcc.gov of the Media
Bureau, Policy Division, (202) 418–
2120. For additional information
concerning the Paperwork Reduction
Act information collection requirements
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 225 (Tuesday, November 22, 2011)]
[Proposed Rules]
[Pages 72142-72144]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30156]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2011-0875; FRL-9495-1]
Revisions to the California State Implementation Plan, South
Coast Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve revisions to the South Coast Air
Quality Management District portion of the California State
Implementation Plan (SIP). These revisions concern particulate matter
(PM) emissions from paved and unpaved roads and livestock operations
and aggregate and related operations. We are approving local rules that
regulate these emission sources under the Clean Air Act as amended in
1990 (CAA or the Act). We are taking comments on this proposal and plan
to follow with a final action.
DATE: Any comments must arrive by December 22, 2011.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0875, by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel (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 https://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
[[Page 72143]]
you consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through https://www.regulations.gov or
email. https://www.regulations.gov 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 email directly to
EPA, your email 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: Generally, documents in the docket for this action are
available electronically at https://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 at https://www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), 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: Christine Vineyard, EPA Region IX,
(415) 947-4125, vineyard.christine@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule and rule revision?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. EPA Recommendations To Further Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by this proposal with the dates
that they were adopted by the local air agency and submitted by the
California Air Resources Board.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD................................ 1157 PM10 Emission Reduction 09/06/2006 05/17/2010
from Aggregate and
Related Operations.
SCAQMD................................ 1186 PM10 Emissions from 07/11/2008 12/23/2008
Paved and Unpaved Roads
and Livestock
Operations.
----------------------------------------------------------------------------------------------------------------
On June 8, 2010 and April 20, 2009, EPA determined that the
submittals for SCAQMD Rule 1157 and Rule 1186, respectively, met the
completeness criteria in 40 CFR part 51, Appendix V, which must be met
before formal EPA review.
B. Are there other versions of these rules?
There is no previous version of Rule 1157 in the SIP, although the
SCAQMD adopted an earlier version of this rule on January 7, 2005 which
was not submitted to us. Rule 1157 was amended on September 6, 2006,
and CARB submitted it to us on May 17, 2010. We approved an earlier
version of Rule 1186 into the SIP on November 14, 2005 (70 FR 69081).
The SCAQMD adopted a revision to the SIP-approved version on July 11,
2008 and CARB submitted it to us on December 23, 2008.
C. What is the purpose of the submitted rule and rule revision?
PM contributes to effects that are harmful to human health and the
environment, including premature mortality, aggravation of respiratory
and cardiovascular disease, decreased lung function, visibility
impairment, and damage to vegetation and ecosystems. Section 110(a) of
the CAA requires States to submit regulations that control PM
emissions. Rule 1157 reduces fugitive dust PM10 emissions from
aggregate and related operations including loading and unloading
activities, process equipment, open storage piles, unpaved and paved
roads inside the facilities, and track out. Amended Rule 1186 controls
PM from paved and unpaved public roads, and livestock operations. The
rule was amended to require submission of data to demonstrate that the
street sweeper performance has not been affected by requirements in the
SIP-approved rule; and also to establish a process by which aftermarket
parts suppliers may qualify to sell replacement parts while maintaining
the original equipment certification. EPA's technical support documents
(TSDs) have more information about these rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
Generally, SIP rules must be enforceable (see section 110(a) of the
Act) and must not relax existing requirements (see sections 110(l) and
193). In addition, SIP rules must implement Reasonably Available
Control Measures (RACM), including Reasonably Available Control
Technology (RACT), in moderate PM nonattainment areas, and Best
Available Control Measures (BACM), including Best Available Control
Technology (BACT), in serious PM nonattainment areas (see CAA sections
189(a)(1) and 189(b)(1)). The SCAQMD regulates a PM nonattainment area
classified as serious (see 40 CFR part 81), so Rules 1157 and 1186 must
fulfill BACM.
Guidance and policy documents that we use to evaluate
enforceability and RACM or BACM requirements consistently include the
following:
1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations; Clarification to Appendix D of November 24, 1987 Federal
Register Notice,'' (Blue Book), notice of availability published in the
May 25, 1988 Federal Register.
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
4. ``State Implementation Plans for Serious PM-10 Nonattainment Areas,
and Attainment Date Waivers for PM-10 Nonattainment Areas Generally;
Addendum to the General Preamble for the Implementation of Title I of
the
[[Page 72144]]
Clean Air Act Amendments of 1990,'' 59 FR 41998 (August 16, 1994).
5. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
6. ``Fugitive Dust Background Document and Technical Information
Document for Best Available Control Measures,'' EPA 450/2-92-004,
September 1992.
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACM, BACM, and SIP relaxations. The
TSDs have more information on our evaluation.
C. Public Comment and Final Action
Because EPA believes the submitted rules fulfill all relevant
requirements, we are proposing to fully approve them as described in
section 110(k)(3) of the Act. We will accept comments from the public
on this proposal for the next 30 days. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that will incorporate these rules into the federally
enforceable SIP.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve State law
as meeting Federal requirements and does not impose additional
requirements beyond those imposed by State law. For that reason, this
proposed action:
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);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to 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
Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed action 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 4, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011-30156 Filed 11-21-11; 8:45 am]
BILLING CODE 6560-50-P
