14602 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

given year. This proposed rule would 

have no such effect on State, local, and 

tribal governments, or on the private 

sector. 

Catalog of Federal Domestic Assistance 

Numbers and Titles 

The Catalog of Federal Domestic 

Assistance program numbers and titles 

for this rule are 64.011, Veterans Dental 

Care; and 64.109, Veterans 

Compensation for Service-Connected 

Disability. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. John 

R. Gingrich, Chief of Staff, Department 

of Veterans Affairs, approved this 

document on March 9, 2011, for 

publication. 

List of Subjects in 38 CFR Part 3 

Administrative practice and 

procedure, Claims, Disability benefits, 

Health care, Pensions, Radioactive 

materials, Veterans, Vietnam. 

Dated: March 11, 2011. 

William F. Russo, 

Director of Regulations Management, Office 

of the General Counsel, Department of 

Veterans Affairs. 

For the reasons set out in the 

preamble, VA proposes to amend 38 

CFR part 3 as follows: 

PART 3—ADJUDICATION 

1. The authority citation for part 3, 

subpart A continues to read as follows: 

Authority: 38 U.S.C. 501(a), unless 

otherwise noted. 

2. Amend § 3.381 by: 

a. Redesignating paragraphs (a) 

through (f) as paragraphs (b) through (g). 

b. Adding new paragraph (a). 

c. Revising redesignated paragraph 

(b). 

d. Removing from redesignated 

paragraph (c) the following sentence: 

‘‘When applicable, the rating activity 

will determine whether the condition is 

due to combat or other in-service 

trauma, or whether the veteran was 

interned as a prisoner of war.’’ 

The addition and revision read as 

follows: 

§ 3.381 Service connection of dental 

conditions for treatment purposes. 

(a) The Veterans Benefits 

Administration (VBA) will adjudicate a 

claim for service connection of a dental 

condition for treatment purposes after 

the Veterans Health Administration 

determines a veteran meets the basic 

eligibility requirements of § 17.161 of 

this chapter and requests VBA make a 

determination on questions that 

include, but are not limited to, any of 

the following: 

(1) Former Prisoner of War status; 

(2) Whether the veteran has a 

compensable or noncompensable 

service-connected dental condition or 

disability; 

(3) Whether the dental condition or 

disability is a result of combat wounds; 

(4) Whether the dental condition or 

disability is a result of service trauma; 

or 

(5) Whether the veteran is totally 

disabled due to a service-connected 

disability. 

(b) Treatable carious teeth, 

replaceable missing teeth, dental or 

alveolar abscesses, and periodontal 

disease are not compensable disabilities, 

but may nevertheless be service 

connected solely for the purpose of 

establishing eligibility for outpatient 

dental treatment as provided for in 

§ 17.161 of this chapter. These 

conditions and other dental conditions 

or disabilities that are noncompensably 

rated under § 4.150 of this chapter may 

be service connected for purposes of 

Class II or Class II(a) dental treatment 

under § 17.161 of this chapter. 

* * * * * 

[FR Doc. 2011–6148 Filed 3–16–11; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0775; FRL–9281–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Louisiana; Revisions To Control 

Volatile Organic Compound Emissions 

for Surface Coatings and Graphic Arts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

State Implementation Plan (SIP) 

revisions for control of volatile organic 

compounds (VOCs) adopted by 

Louisiana on June 20, 2009 and August 

20, 2010, and submitted to EPA on 

August 31, 2010. EPA is also proposing 

to approve a SIP revision for control of 

emission of organic compounds which 

was proposed by Louisiana on January 

20, 1011. EPA issued Control 

Techniques Guidelines (CTGs) in 2006, 

2007 and 2008; Louisiana’s rule 

revisions being proposed for approval in 

this action were developed in response 

to these CTGs. Because Louisiana has 

not yet finalized the January 20th 

revision to the VOC rules, we are 

proposing to approve this SIP revision 

in parallel with Louisiana’s rulemaking 

activities. If the final version of the VOC 

rule adopted by Louisiana is changed 

from the proposed version which is 

being ‘‘parallel processed’’ today, EPA 

will withdraw this rulemaking and 

propose a new rulemaking with the final 

VOC rule adopted by Louisiana. If there 

are no changes to the ‘‘parallelprocessed’’ version, EPA will proceed 

with final rulemaking on the version 

finally adopted by Louisiana and 

submitted to EPA. EPA is proposing to 

approve these revisions because they 

enhance the Louisiana SIP by improving 

VOC emission controls in Louisiana. 

EPA is also proposing to find that these 

revisions meet Reasonably Available 

Control Technology (RACT) 

requirements. These revisions meet 

statutory and regulatory requirements, 

and are consistent with EPA’s guidance. 

This action is being taken under section 

110 and part D of the Clean Air Act 

(CAA). 

DATES: Comments must be received on 

or before April 18, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2010–0775, by one of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for 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 

except for legal holidays. Special 

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Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules 14603 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2010– 

0775. 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 through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. 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 additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a fee of 15 cents per page for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal, which is part of 

the EPA record, is also available for 

public inspection at the State Air 

Agency listed below during official 

business hours by appointment: 

Louisiana Department of Environmental 

Quality, 602 North Fifth Street, Baton 

Rouge, LA 70802. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ellen Belk, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–2164; fax number 

214–665–7263; e-mail address 

belk.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means EPA. 

Outline 

I. What action is EPA proposing? 

II. What is ‘‘parallel processing’’, and why are 

we using it to process a Louisiana 

revision? 

III. Why is EPA proposing this action? 

IV. What are the requirements of Louisiana’s 

VOC rule revisions? 

V. Statutory and Executive Order Reviews 

I. What action is EPA proposing? 

EPA is proposing to approve SIP 

revisions for control of emission of 

organic compounds adopted by 

Louisiana on June 20, 2009, and August 

20, 2010, and submitted to EPA on 

August 31, 2010. We are also proposing 

to approve, by parallel processing, a 

revision for control of emission of 

organic compounds proposed by 

Louisiana on January 20, 2010. The 

revisions submitted on August 31, 2010, 

are included as Appendices A and B of 

the LDEQ submittal entitled, ‘‘VOC 

RACT Control Technique Guidelines’’ 

dated August 2010. Together, these 

revisions include updates to the 

following Louisiana rules: Chapter 1 

General Provisions, amendments to 

§ 111 Definitions; Chapter 21 Control of 

Emission of Organic Compounds, 

amendments to § 2123 Organic Solvents, 

and § 2143 Graphic Arts (Printing) by 

Rotogravure, Flexographic, Offset 

Lithographic, Letterpress, and Flexible 

Package Printing Processes. Also, EPA is 

proposing to approve, by parallel 

processing, the VOC rule revision 

proposed January 20, 2011, which is a 

small wording change. In a letter to EPA 

dated February 7, 2011, the State of 

Louisiana requested ‘‘parallel 

processing’’ and a provided a schedule 

for final adoption of this VOC rule 

revision. 

We are proposing to approve these 

revisions because they enhance the 

Louisiana SIP by improving control of 

emissions from VOC sources in 

Louisiana. These revisions reflect 

changes in response to CTGs issued in 

2006, 2007 and 2008: Consumer and 

Commercial Products Group II: Control 

Techniques Guidelines in Lieu of 

Regulations for Flexible Packaging 

Printing Materials, Lithographic 

Printing Materials, Letterpress Printing 

Materials, Industrial Cleaning Solvents, 

and Flat Wood Paneling Coatings (71 FR 

58745, October 5, 2006); Consumer and 

Commercial Products: Control 

Techniques Guidelines in Lieu of 

Regulations for Paper, Film, and Foil 

Coatings; Metal Furniture Coatings; and 

Large Appliance Coatings (72 FR 57215, 

October 9, 2007); Consumer and 

Commercial Products, Group IV: Control 

Techniques guidelines in Lieu of 

Regulations for Miscellaneous Metal 

Products Coatings, Plastic Parts 

Coatings, Auto and Light-Duty Truck 

Assembly coatings, Fiberglass Boat 

Manufacturing Materials, and 

Miscellaneous Industrial Adhesives (73 

FR 58481, October 7, 2008). 

In addition, we are proposing that 

these revisions meet RACT 

requirements for these source categories. 

These revisions meet statutory and 

regulatory requirements, and are 

consistent with EPA’s guidance. EPA is 

proposing approval of these revisions 

pursuant to section 110 and part D of 

the CAA. 

II. What is ‘‘parallel processing’’, and 

why are we using it to process a 

Louisiana revision? 

At the request of the State of 

Louisiana, approval of its revision, 

published in the Louisiana Register 

January 20, 2011, is being proposed 

under a procedure called ‘‘parallel 

processing’’ whereby EPA proposes 

rulemaking action concurrently with the 

State’s procedures for amending its 

regulations (40 CFR part 51, Appendix 

V, section 2.3). 

Under parallel processing, EPA 

proposes rulemaking action 

concurrently with the State’s proposed 

rulemaking. If the State’s proposed 

revision is changed, EPA will evaluate 

that subsequent change and may 

publish another notice of proposed 

rulemaking. If no change is made, EPA 

will publish a final rulemaking on the 

revisions after responding to any 

submitted comments. Final rulemaking 

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action by EPA will occur only after the 

SIP revision has been fully adopted by 

Louisiana and submitted formally to 

EPA for incorporation into the SIP. In 

addition, any action by the State 

resulting in undue delay in the adoption 

of the rules may result in a re-proposal, 

altering the approvability of this SIP 

revision. The parallel processing of the 

January 20, 2011 revision is appropriate 

because it accommodates a minor 

wording change and no further change 

is anticipated. The State’s January 20, 

2011, proposed revision and their letter 

of February 7, 2011 are available in the 

docket for this action. 

III. Why is EPA proposing this action? 

A primary purpose of these rules is to 

improve control of VOC emissions in 

various parishes in Louisiana. Our 

approval of the revised Louisiana 

regulations will make them federally 

enforceable. Also, these rules satisfy the 

requirement to adopt VOC RACT rules 

for the CTG documents issued by EPA 

in 2006, 2007, and 2008. 

These revised requirements for 

control of VOC emissions will help to 

attain and maintain the 8-hour ozone 

standard in Louisiana parishes. These 

rules satisfy in part the requirement in 

the Clean Air that VOC RACT rules be 

adopted for ozone nonattainment areas. 

This includes the Baton Rouge 8-hour 

ozone nonattainment area. Sections 

172(c)(1) and 182 of the Act require 

areas that are classified as moderate or 

above for ozone nonattainment to adopt 

RACT requirements for sources that are 

subject to CTGs issued by EPA and for 

‘‘major sources’’ of VOCs and nitrogen 

oxides (NOX), which are ozone 

precursors. See 42 U.S.C. sections 7502 

(c)(1) and 7511a (b) and (f). RACT is 

defined as the lowest emissions 

limitation that a particular source is 

capable of meeting by the application of 

control technology that is reasonably 

available considering technological and 

economic feasibility (44 FR 53762; 

September 17, 1979). A CTG provides 

information on the available controls for 

a source category and provides 

information about RACT for the 

category. 

As discussed previously, EPA issued 

new CTGs in 2006, 2007 and 2008. EPA 

has reviewed Louisiana’s new VOC rule 

revisions with respect to RACT 

requirements and the recommendations 

in the new CTGs and proposes to find 

that these revisions meet RACT. Based 

on our analysis, we find that these VOC 

rule revisions enhance the SIP by 

providing clarification and additional 

control requirements for reducing 

emissions from volatile organic 

compounds, and also that these 

revisions meet RACT requirements. EPA 

is proposing to find that for the CTG 

categories included in this rule-making, 

Louisiana has RACT-level controls. 

Additional information about RACT and 

EPA’s evaluation of Louisiana’s rule 

revisions for RACT for this action is 

provided in the TSD, including TSD 

Appendix B. 

In a related but separate rulemaking, 

EPA plans to evaluate the RACT/RACM 

submittal provided by Louisiana on 

August 31, 2010. This will include 

analysis of RACT for NOX and also for 

VOC categories other than those 

included here, as well as RACT for nonmajor sources. 

IV. What are the requirements of 

Louisiana’s VOC rule revisions? 

This proposed approval of Louisiana’s 

VOC rule revisions affects Louisiana’s 

rules in both Chapter 1 General 

Provisions and Chapter 21 Control of 

Emission of Organic Compounds, 

specifically Chapter 1 § 111 Definitions, 

Chapter 21 Subchapter B. Surface 

Coatings § 2123 Organic Solvents, and 

Subchapter H. Graphic Arts § 2143 

Graphic Arts (Printing) by Rotogravure, 

Flexographic, Offset Lithographic, 

Letterpress, and Flexible Package 

Printing Processes. Applicability under 

these rules includes requirements that 

vary by parish, and is briefly discussed 

below. Louisiana’s Chapter 1 

definitions, and Chapter 21 controls for 

VOC emissions, cover many categories 

of sources. This rulemaking affects 

sources covered by the Louisiana 

Administrative Code (LAC) Chapters 

and Subchapters listed in the following 

table. However, to determine whether a 

specific facility in a Louisiana parish 

will be affected by one or more of the 

above revisions, please see Louisiana’s 

associated rule revisions included in the 

docket. 

LOUISIANA ADMINISTRATIVE CODE (LAC) 33: III.111, 2123, AND 2143 CHAPTERS AND SUBCHAPTERS AFFECTED BY THIS

RULEMAKING

Chapter 1 General Provisions 

111. Definitions 

Chapter 21 Control of Emission of Organic Compounds 

Subchapter B Surface Coatings 

§ 2123 Organic Solvents 

Subchapter H Graphic Arts 

§ 2143 Graphic Arts (Printing) by Rotogravure, Flexographic, Offset Lithographic, Letterpress, and Flexible Package Printing Processes 

A brief description of the Louisiana 

VOC rules for surface coating and for 

graphic arts that are proposed for 

approval in this action is provided 

below. This description contains 

information on applicability, control 

requirements and relevant EPA 

guidance. Compliance with these rules 

is required by the State no later than one 

year from the promulgation of the 

regulation revision. Additional detail 

regarding Louisiana’s VOC regulations 

proposed for approval in this action is 

provided in the TSD. 

Surface Coating Regulations 

Louisiana’s surface coating 

regulations being proposed for approval 

in this action include requirements for 

applicability, emissions limits, control 

techniques, and work practices. These 

regulations are based on and are 

consistent with the relevant 2006, 2007, 

and 2008 CTGs. For example, the 

requirements for applicability for the 

surface coating rules, specified in LAC 

2123.A., apply to sources in any parish 

with emissions of VOCs resulting from 

the application of surface coatings equal 

to or more than 15 pounds (6.8 

kilograms) per day, or an equivalent 

level of 2.7 tons per 12 month rolling 

period (LAC 2123.A.). 

The categories of Louisiana’s surface 

coating regulations being proposed for 

approval in this action are identified 

below (for more information, please see 

Louisiana’s regulations, and the TSD in 

the docket for this proposal). 

Flat Wood Paneling; LAC 2123. These 

regulations have been revised based on 

and consistent with EPA’s 2006 Control 

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Techniques Guidelines for Flat Wood 

Paneling Coatings. Emission limits are 

consistent with the CTG (LAC 

2123.C.13), as is the efficiency limit 

required if add-on controls are used (the 

VOC capture and abatement system 

shall be at least 90 percent efficient 

overall, LAC 2123.D.1). 

Large Appliance Coatings; LAC 2123. 

These regulations have been revised 

based on and consistent with EPA’s 

2007 Control Techniques Guidelines for 

Large Appliance Coatings. Emission 

limits are consistent with the CTG (LAC 

2123.C.1), as is the efficiency limit 

required if add-on controls are used (the 

VOC capture and abatement system 

shall be at least 90 percent efficient 

overall, LAC 2123.D.1). 

Metal Furniture Coatings; LAC 2123. 

These regulations have been revised 

based on and consistent with EPA’s 

2007 Control Techniques Guidelines for 

Metal Furniture Coatings. Emission 

limits are consistent with the CTG (LAC 

2123.C.6), as is the efficiency limit 

required if add-on controls are used (the 

VOC capture and abatement system 

shall be at least 90 percent efficient 

overall, LAC 2123.D.1). 

Paper, Film, and Foil Coatings; LAC 

2123. These regulations have been 

revised based on and consistent with 

EPA’s 2007 Control Techniques 

Guidelines for Paper, Film, and Foil 

Coatings. Emission limits are consistent 

with the CTG (LAC 2123.C.15), as is the 

efficiency limit required if add-on 

controls are used (the VOC capture and 

abatement system shall be at least 90 

percent efficient overall, LAC 2123.D.1). 

Miscellaneous Metal and Plastic Parts 

Coatings; LAC 2123. These regulations 

have been revised based on and 

consistent with EPA’s 2008 Control 

Techniques Guidelines for 

Miscellaneous Metal Products Coatings 

and Plastic Parts Coatings. Emission 

limits are consistent with the CTG (LAC 

2123.C.7 and 8), as is the efficiency 

limit required if add-on controls are 

used (the VOC capture and abatement 

system shall be at least 90 percent 

efficient overall, LAC 2123.D.1). 

Automobile and Light-Duty Truck 

Assembly Coatings; LAC 2123. These 

regulations have been revised based on 

and consistent with EPA’s 2008 Control 

Techniques Guidelines for Auto and 

Light-Duty Truck Assembly Coatings. 

Emission limits are consistent with the 

CTG (LAC 2123.C.16), as is the use of 

EPA’s revised Automobile Topcoat 

Protocol (LAC 2123.D.4). 

Industrial Cleaning Solvents; LAC 

2123. These new regulations are based 

on and consistent with EPA’s 2006 

Control Techniques Guidelines for 

Industrial Cleaning Solvents. Control 

techniques for the use of industrial 

cleaning solvents are consistent with the 

CTG (LAC 2123. D. 10), as is the 

efficiency limit required if add-on 

controls are used (the VOC capture and 

abatement system shall be at least 85 

percent efficient overall, LAC 2123. D. 

1). 

Miscellaneous Industrial Adhesives; 

LAC 2123. These new regulations are 

based on and consistent with EPA’s 

2006 Control Techniques Guidelines for 

Miscellaneous Industrial Adhesives (73 

FR 58481, October 7, 2008). Methods for 

applying adhesives are consistent with 

the CTG (LAC 2123. D. 13), and if addon controls are used for industrial 

cleaning solvents, the VOC capture and 

abatement system shall be at least 85 

percent efficient overall (LAC 2123. D. 

1). 

Fiberglass Boat Manufacturing 

Materials; LAC 2123. These new 

regulations are based on and consistent 

with EPA’s 2008 Control Techniques 

Guidelines for Fiberglass Boat 

Manufacturing Materials. Emission 

limits are consistent with the CTG (LAC 

2123. C. 18), as are VOC content and 

vapor pressure limits applicable to 

cleaning activities in fiberglass boat 

manufacturing (LAC 2123 D. 12). 

Graphic Arts 

Louisiana’s graphic arts regulations 

being proposed for approval in this 

action include applicability and control 

requirements, and are based on and are 

consistent with the relevant 2006 CTGs. 

For example, the requirements for 

applicability for the graphic arts rules, 

specified in 2143. B., apply to sources 

in any parish with the potential to emit, 

on an uncontrolled basis at full 

production, a combined weight of VOCs 

greater than 100 tons per year (tpy). In 

Ascension, East Baton Rouge, Iberville, 

Livingston, Point Coupee and West 

Baton Rouge parishes, the rules apply to 

any facility with the potential to emit a 

combined weight of VOCs greater than 

50 tpy. 

The categories of Louisiana’s graphic 

arts regulations being proposed for 

approval in this action are identified 

below (for more information, please see 

Louisiana’s regulations, and the TSD in 

the docket for this proposal). 

Lithographic Printing and Letterpress 

Printing; LAC 2143. These new 

regulations are based on and consistent 

with EPA’s 2006 Control Techniques 

Guidelines for Lithographic Printing 

Materials, and Letterpress Printing 

Materials. 

Flexible Package Printing; LAC 2143. 

These regulations have been revised 

based on and consistent with EPA’s 

2006 Control Techniques Guidelines for 

Flexible Packaging Printing Materials. 

V. 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 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 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, 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 

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14606 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules 

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, Ozone, Nitrogen dioxides, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: March 5, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2011–6224 Filed 3–16–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0721–201040; FRL– 

9282–4] 

Approval and Promulgation of 

Implementation Plans; South Carolina; 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP) 

submission submitted by the State of 

South Carolina, through the Department 

of Health and Environmental Control 

(DHEC), to demonstrate that the State 

meets the requirements of sections 

110(a)(1) and (2) of the Clean Air Act 

(CAA or Act) for the 1997 8-hour ozone 

national ambient air quality standards 

(NAAQS). Section 110(a) of the CAA 

requires that each state adopt and 

submit a SIP for the implementation, 

maintenance and enforcement of each 

NAAQS promulgated by the EPA, which 

is commonly referred to as an 

‘‘infrastructure’’ SIP. South Carolina 

certified that the South Carolina SIP 

contains provisions that ensure the 1997 

8-hour ozone NAAQS are implemented, 

enforced, and maintained in South 

Carolina (hereafter referred to as 

‘‘infrastructure submission’’). South 

Carolina’s infrastructure submission, 

provided to EPA on December 13, 2007, 

addressed all the required infrastructure 

elements for the 1997 8-hour ozone 

NAAQS. 

DATES: Written comments must be 

received on or before April 18, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0721, by one of the 

following methods: 

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

the online instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9140. 

4. Mail: ‘‘EPA–R04–OAR–2010–0721,’’ 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2010– 

0721. 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 through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. 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 additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://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 http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Nacosta C. Ward, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9140. 

Ms. Ward can be reached via electronic 

mail at ward.nacosta@epa.gov. 

Table of Contents 

I. Background 

II. What elements are required under 

Sections 110(a)(1) and (2)? 

III. What is EPA’s analysis of how South 

Carolina addressed the elements of 

Sections 110(a)(1) and (2) 

‘‘infrastructure’’ provisions? 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997, EPA promulgated a 

new NAAQS for ozone based on 8-hour 

average concentrations. The 8-hour 

averaging period replaced the previous 

1-hour averaging period, and the level of 

the NAAQS was changed from 0.12 

parts per million (ppm) to 0.08 ppm. 

See 62 FR 38856. Pursuant to section 

110(a)(1) of the CAA, states are required 

to submit SIPs meeting the requirements 

of section 110(a)(2) within three years 

after promulgation of a new or revised 

NAAQS. Sections 110(a)(2) require 

states to address basic SIP requirements, 

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