Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Section 110(a)(2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards, 39458-39459 [2012-16301]
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39458
Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Proposed Rules
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, lead, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 21, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012–16294 Filed 7–2–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0436; FRL–9696–7]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Section 110(a)(2)
Infrastructure Requirements for the
2008 Lead National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by West Virginia.
This SIP revision provides the basic
program elements specified in Clean Air
Act (CAA) section 110(a)(2) necessary to
implement, maintain, and enforce the
2008 lead national ambient air quality
standards (NAAQS).
DATES: Written comments must be
received on or August 2, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2012–0436 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: mastro.donna@epa.gov.
C. Mail: EPA–R03–OAR–2012–0436,
Donna Mastro, Acting Associate
Director, Office of Air Program
Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III 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.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2012–
0436. EPA’s policy is that all comments
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SUMMARY:
VerDate Mar<15>2010
16:04 Jul 02, 2012
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received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email 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
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 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 West Virginia
Department of Environmental
Protection, Division of Air Quality, 601
57th Street SE., Charleston, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT:
´
Emlyn Velez-Rosa, (215) 814–2038, or
by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
I. Background
On October 15, 2008, EPA
substantially strengthened the primary
and secondary lead NAAQS (hereafter
the ‘‘2008 lead NAAQS’’), revising the
level of the primary (health-based)
standard from 1.5 micrograms per cubic
meter (mg/m3) to 0.15 mg/m3, measured
as total suspended particles (TSP), not
to be exceeded with an averaging time
of a rolling 3-month period. EPA also
revised the secondary (welfare-based)
standard to be identical to the primary
standard, as well as the associated
ambient air monitoring requirements.
See 40 CFR 50.16.
Section 110(a) of the CAA requires
states to submit SIP revisions that
provide for the implementation,
maintenance, and enforcement of new
or revised NAAQS within 3 years
following the promulgation of such
NAAQS. Section 110(a)(2) of the CAA
lists specific elements that states must
meet or continue to meet in these SIP
submissions. Under this section, the
CAA directs all states to develop and
maintain an air quality management
infrastructure that includes enforceable
emission limitations, an ambient
monitoring program, an enforcement
program, air quality modeling
capabilities, and adequate personnel,
resources, and legal authority.
For the 2008 lead NAAQS, states
typically have met many of the basic
program elements required in CAA
section 110(a)(2) through earlier SIP
submissions in connection with
previous lead NAAQS. Nevertheless,
pursuant to CAA section 110(a)(1),
states will have to review and revise, as
appropriate, their existing lead NAAQS
SIPs to ensure that the SIPs are adequate
to address the 2008 lead NAAQS. States
must provide SIP submissions, or
provide a certification that the SIP
addresses the elements in section
110(a)(2)(A) through (M) of the CAA. To
assist states in meeting this statutory
requirement, EPA issued a guidance on
October 14, 2011, entitled, ‘‘Guidance
on Infrastructure State Implementation
Plan (SIP) Elements Required Under
sections 110(a)(1) and 110(a) (2) for the
2008 Lead (Pb) National Ambient Air
Quality Standards (NAAQS)’’ (hereafter
the ‘‘2011 Lead Infrastructure
Guidance’’), which lists the basic
elements that states must include in
their SIPs for the 2008 lead NAAQS.
II. Summary of State Submittal
On October 26, 2011, the West
Virginia Department of Environmental
Protection (WVDEP) provided a
submittal to satisfy the requirements of
section 110(a)(2) of the CAA for the
E:\FR\FM\03JYP1.SGM
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Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Proposed Rules
2008 lead NAAQS. This submittal
addressed the following infrastructure
elements, which EPA is proposing to
approve: CAA section 110(a)(2)(A), (B),
(C), (D), (E), (F), (G), (H), (J), (K), (L), and
(M), or portions thereof. A detailed
summary of EPA’s review and rationale
for approving West Virginia’s submittal
may be found in the Technical Support
Document (TSD) for this proposed
rulemaking action, which is available
online at www.regulations.gov, Docket
number EPA–R03–OAR–2012–0436.
III. Proposed Action
EPA is proposing to approve West
Virginia’s SIP revision that provides the
basic program elements specified in
CAA section 110(a)(2) necessary to
implement, maintain, and enforce the
2008 lead NAAQS. This SIP revision
was submitted on October 26, 2011.
This action does not include the
sections, or portions thereof, of
110(a)(2)(C) and 110(a)(2)(I) of the CAA
which pertain to the nonattainment
requirements of part D, Title I of the
CAA, since these two elements are not
required to be submitted by the 3-year
submission deadline of CAA section
110(a)(1), and will be addressed in a
separate process. Additionally, EPA is
taking separate action on the portions of
CAA section 110(a)(2) infrastructure
elements for the 2008 lead NAAQS as
they relate to West Virginia’s PSD
program, as required by part C of Title
I of the CAA. This includes portions of
the following infrastructure elements:
CAA section 110(a)(2)(C), (D) and (J).
EPA is soliciting public comments on
the issues discussed in this document.
These comments will be considered
before taking final action.
sroberts on DSK5SPTVN1PROD with PROPOSALS
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 CAA. Accordingly, this 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
VerDate Mar<15>2010
16:04 Jul 02, 2012
Jkt 226001
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 CAA; and
• 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 proposed 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 21, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012–16301 Filed 7–2–12; 8:45 am]
BILLING CODE 6560–50–P
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Frm 00018
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39459
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 600
[Docket No. 120425420–2420–01]
RIN 0648–BB92
Fisheries of the United States; National
Standard 1 Guidelines; Extension of
Public Comment Period
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advance notice of proposed
rulemaking; extension of public
comment period.
AGENCY:
NMFS is extending the date
by which public comments are due in
response to the Advance Notice of
Proposed Rulemaking (ANPR)
published on May 3, 2012, on potential
adjustments to the National Standard 1
Guidelines, one of 10 national standards
for fishery conservation and
management contained in Section 301
of the Magnuson-Stevens Fishery
Conservation and Management Act.
NMFS has received a request to extend
the comment period for the ANPR
beyond its current 90-day comment
period, originally scheduled to end on
August 1, 2012. With this notice, NMFS
is extending the comment period to
September 15, 2012, to ensure there is
adequate time for stakeholders and
members of the public to comment on
the ANPR.
DATES: The deadline for receipt of
comments on the ANPR published on
May 3, 2012 (77 FR 26238), is extended
to September 15, 2012.
ADDRESSES: You may submit comments
on the referenced ANPR, identified by
‘‘NOAA–NMFS–2012–0059’’, by any
one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal:
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter ‘‘NOAA–NMFS–2012–0059’’
in the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on the right
of that line.
• Fax: 301–713–1193, Attn: Wesley
Patrick.
• Mail: Wesley Patrick; National
Marine Fisheries Service, NOAA; 1315
East-West Highway, Room 13436; Silver
Spring, MD 20910.
SUMMARY:
E:\FR\FM\03JYP1.SGM
03JYP1
]]>Agencies
[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Proposed Rules]
[Pages 39458-39459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16301]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0436; FRL-9696-7]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Section 110(a)(2) Infrastructure Requirements for the
2008 Lead National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by West Virginia. This SIP revision provides the
basic program elements specified in Clean Air Act (CAA) section
110(a)(2) necessary to implement, maintain, and enforce the 2008 lead
national ambient air quality standards (NAAQS).
DATES: Written comments must be received on or August 2, 2012.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0436 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: mastro.donna@epa.gov.
C. Mail: EPA-R03-OAR-2012-0436, Donna Mastro, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III 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.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0436. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
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
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 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 West Virginia Department of Environmental
Protection, Division of Air Quality, 601 57th Street SE., Charleston,
West Virginia 25304.
FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On October 15, 2008, EPA substantially strengthened the primary and
secondary lead NAAQS (hereafter the ``2008 lead NAAQS''), revising the
level of the primary (health-based) standard from 1.5 micrograms per
cubic meter ([mu]g/m3) to 0.15 [mu]g/m3, measured as total suspended
particles (TSP), not to be exceeded with an averaging time of a rolling
3-month period. EPA also revised the secondary (welfare-based) standard
to be identical to the primary standard, as well as the associated
ambient air monitoring requirements. See 40 CFR 50.16.
Section 110(a) of the CAA requires states to submit SIP revisions
that provide for the implementation, maintenance, and enforcement of
new or revised NAAQS within 3 years following the promulgation of such
NAAQS. Section 110(a)(2) of the CAA lists specific elements that states
must meet or continue to meet in these SIP submissions. Under this
section, the CAA directs all states to develop and maintain an air
quality management infrastructure that includes enforceable emission
limitations, an ambient monitoring program, an enforcement program, air
quality modeling capabilities, and adequate personnel, resources, and
legal authority.
For the 2008 lead NAAQS, states typically have met many of the
basic program elements required in CAA section 110(a)(2) through
earlier SIP submissions in connection with previous lead NAAQS.
Nevertheless, pursuant to CAA section 110(a)(1), states will have to
review and revise, as appropriate, their existing lead NAAQS SIPs to
ensure that the SIPs are adequate to address the 2008 lead NAAQS.
States must provide SIP submissions, or provide a certification that
the SIP addresses the elements in section 110(a)(2)(A) through (M) of
the CAA. To assist states in meeting this statutory requirement, EPA
issued a guidance on October 14, 2011, entitled, ``Guidance on
Infrastructure State Implementation Plan (SIP) Elements Required Under
sections 110(a)(1) and 110(a) (2) for the 2008 Lead (Pb) National
Ambient Air Quality Standards (NAAQS)'' (hereafter the ``2011 Lead
Infrastructure Guidance''), which lists the basic elements that states
must include in their SIPs for the 2008 lead NAAQS.
II. Summary of State Submittal
On October 26, 2011, the West Virginia Department of Environmental
Protection (WVDEP) provided a submittal to satisfy the requirements of
section 110(a)(2) of the CAA for the
[[Page 39459]]
2008 lead NAAQS. This submittal addressed the following infrastructure
elements, which EPA is proposing to approve: CAA section 110(a)(2)(A),
(B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions
thereof. A detailed summary of EPA's review and rationale for approving
West Virginia's submittal may be found in the Technical Support
Document (TSD) for this proposed rulemaking action, which is available
online at www.regulations.gov, Docket number EPA-R03-OAR-2012-0436.
III. Proposed Action
EPA is proposing to approve West Virginia's SIP revision that
provides the basic program elements specified in CAA section 110(a)(2)
necessary to implement, maintain, and enforce the 2008 lead NAAQS. This
SIP revision was submitted on October 26, 2011. This action does not
include the sections, or portions thereof, of 110(a)(2)(C) and
110(a)(2)(I) of the CAA which pertain to the nonattainment requirements
of part D, Title I of the CAA, since these two elements are not
required to be submitted by the 3-year submission deadline of CAA
section 110(a)(1), and will be addressed in a separate process.
Additionally, EPA is taking separate action on the portions of CAA
section 110(a)(2) infrastructure elements for the 2008 lead NAAQS as
they relate to West Virginia's PSD program, as required by part C of
Title I of the CAA. This includes portions of the following
infrastructure elements: CAA section 110(a)(2)(C), (D) and (J). EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this
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 CAA; and
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 proposed 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 21, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-16301 Filed 7-2-12; 8:45 am]
BILLING CODE 6560-50-P
