Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Proposed Rules 12305 

The EPA also has considered 

additional monitoring data for 2010 that 

have been submitted by the states and 

are in EPA’s AQS. Data for the entire 

2010 calendar year are not yet certified, 

so EPA cannot consider these data yet 

as it evaluates the annual average 

concentrations. Nevertheless, EPA 

examined 2010 data available to date as 

an indication of whether the area 

continues to attain the standard. EPA 

believes that these data support the 

determination that the Saint Louis area 

continues to attain the PM2.5 annual 

NAAQS. 

The EPA’s review of these data 

(monitoring data from the 2007–2009 

monitoring period and preliminary 2010 

data available to date) supports EPA’s 

determination that the Saint Louis PM2.5

nonattainment area has met and 

continues to meet the 1997 annual PM2.5

NAAQS. EPA is soliciting comment on 

the issues discussed in this document. 

These comments will be considered 

before EPA takes final action. 

IV. What are the effects of this action? 

If this proposed determination is 

made final, under the provisions of the 

PM2.5 Implementation Rule (40 CFR 

51.1004(c)) the requirements for the 

Saint Louis PM2.5 nonattainment area to 

submit attainment demonstration, 

RACM (including RACT), a reasonable 

further progress plan, contingency 

measures, and other planning SIPs 

revisions related to attainment of the 

1997 annual PM2.5 NAAQS shall be 

suspended for so long as the area 

continues to attain the 1997 annual 

PM2.5 NAAQS. 

As discussed further, the proposed 

determination of attainment for the 

Saint Louis PM2.5 nonattainment area 

would, if finalized: (1) Suspend the 

States’ obligation for Missouri and 

Illinois to submit the requirements 

listed above; (2) continue such 

suspension until such time, if any, that 

EPA subsequently determines that any 

monitor in the area has violated the 

1997 annual PM2.5 NAAQS; and (3) be 

separate from, and not influence or 

otherwise affect, any future designation 

determination or requirements for the 

Saint Louis PM2.5 nonattainment areas 

based on the 2006 PM2.5 NAAQS or 

future PM2.5 NAAQ revision. 

If this rulemaking is finalized and 

EPA subsequently determines, after 

notice-and-comment rulemaking in the 

Federal Register, that the area has 

violated the 1997 annual PM2.5 NAAQS, 

the basis for the suspension of the 

specific requirements, set forth at 40 

CFR section 51.1004(c), would no longer 

exist, and the States of Missouri and 

Illinois would thereafter have to address 

the pertinent requirements. 

This proposed approval is limited to 

a determination that the air quality data 

show that the Saint Louis PM2.5

nonattainment area has monitored 

attainment of the 1997 annual PM2.5

NAAQS; it is not equivalent to the 

redesignation of the Saint Louis PM2.5

nonattainment area to attainment of the 

1997 annual PM2.5 NAAQS. This 

proposed action, if finalized, would not 

constitute a redesignation to attainment 

under section 107(d)(3) of the Clean Air 

Act (CAA) because the EPA would not 

have yet approved a maintenance plan 

for the area as required under CAA 

section 175A, nor a determination that 

the Saint Louis PM2.5 nonattainment 

area has met the other requirements for 

redesignation under the CAA. The 

designation status of the Missouri and 

Illinois portions of the Saint Louis PM2.5

nonattainment area will remain 

nonattainment for the 1997 annual 

PM2.5 NAAQS until such time as the 

EPA takes final rulemaking action to 

determine that such portions meet the 

CAA requirements for redesignation to 

attainment. 

V. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination based on air quality data 

and would, if finalized, result in the 

suspension of certain Federal 

requirements and would not impose any 

additional requirements. 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 

.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 

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, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter. 

Dated: February 9, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

Dated: February 22, 2011. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2011–5048 Filed 3–4–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0846; FRL–9275–9] 

Extension of Public Comment Period 

for Proposed Action on Interstate 

Transport of Pollution Affecting 

Visibility and Best Available Retrofit 

Technology Determination for New 

Mexico 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: On January 5, 2011, EPA 

published in the Federal Register a 

proposed rule on interstate transport of 

pollution affecting visibility and Best 

Available Retrofit Technology (BART) 

determination for New Mexico and 

requested comment by March 7, 2011. 

EPA is extending the public comment 

period for the proposed rule until April 

4, 2011. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

12306 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Proposed Rules 

DATES: Comments must be submitted no 

later than April 4, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2010–0846, by one of the 

following methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. 

• Follow the online instructions for 

submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD 

(Multimedia)’’ and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays, 

and not on legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OAR–2010–0846. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

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. 

FOR FURTHER INFORMATION CONTACT: Joe 

Kordzi Air Planning Section (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–7186, fax number (214) 665– 

7263; e-mail address 

kordzi.joe@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the 

EPA. On January 5, 2011, we published 

in the Federal Register a proposed rule 

on interstate transport of pollution 

affecting visibility and BART 

determination for New Mexico (76 FR 

492). In the proposal we requested 

comment by March 7, 2011. On January 

11, 2011, we published a notice in the 

Federal Register announcing a public 

hearing on our proposal to be held in 

Farmington, New Mexico on February 

17, 2011, at San Juan College, beginning 

at 6 p.m. (76 FR 1578). The proposal, 

notice of public hearing, and supporting 

documentation for our proposal can be 

accessed from the regulations.gov Web 

site (Docket No. EPA–R06–OAR–2010– 

0846). 

We are extending the comment period 

for our proposed rule until April 4, 

2011. This extension will provide an 

opportunity for submission of rebuttal 

and supplementary information 30 days 

after the public hearing. 

Dated: February 28, 2011. 

William L. Luthans, 

Acting Multimedia Planning and Permitting 

Division Director, Region 6. 

[FR Doc. 2011–5045 Filed 3–4–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0813; FRL–9239–7] 

Revisions to the California State 

Implementation Plan, Imperial County, 

Kern County, and Ventura County; Air 

Pollution Control Districts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Imperial County Air 

Pollution Control District (ICAPCD), 

Kern County Air Pollution Control 

District (KCAPCD), and Ventura County 

Air Pollution Control District (VCAPCD) 

portions of the California State 

Implementation Plan (SIP). We are 

proposing to approve revisions to local 

rules that define terms used in other air 

pollution regulations in these areas 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: Any comments on this proposal 

must arrive by April 6, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–0813, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: 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 http://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 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://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 e-mail 

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. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: The index to the docket for 

this action is available electronically at 

http://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 in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS