Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Proposed Rules 14839 

disapproval action does not include a 

Federal mandate that may result in 

estimated costs of $100 million or more 

to either state, local, or tribal 

governments in the aggregate, or to the 

private sector. This action proposes to 

disapprove pre-existing requirements 

under State or local law, and imposes 

no new requirements. Accordingly, no 

additional costs to state, local, or tribal 

governments, or to the private sector, 

result from this action. 

Executive Order 13132, Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by state 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the states, on the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This action 

merely disapproves certain state 

requirements for inclusion into the SIP 

and does not alter the relationship or 

the distribution of power and 

responsibilities established in the Clean 

Air Act. However, today’s proposed 

disapproval does not have federalism 

implications. Thus, Executive Order 

13132 does not apply to this action. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP EPA is proposing 

to disapprove would not 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. Thus, Executive 

Order 13175 does not apply to this 

action. 

Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under Section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it is not 

an economically significant regulatory 

action based on health or safety risks 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997). This proposed 

SIP disapproval under Section 110 and 

subchapter I, part D of the Clean Air Act 

will not in-and-of itself create any new 

regulations but simply disapproves 

certain state requirements for inclusion 

into the SIP. 

Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, Section 12(d) (15 U.S.C. 272 

note) directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs EPA 

to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

The EPA believes that this action is 

not subject to requirements of Section 

12(d) of NTTAA because application of 

those requirements would be 

inconsistent with the Clean Air Act. 

Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA lacks the discretionary authority 

to address environmental justice in this 

proposed action. In reviewing SIP 

submissions, EPA’s role is to approve or 

disapprove state choices, based on the 

criteria of the Clean Air Act. 

Accordingly, this action merely 

proposes to disapproves certain state 

requirements for inclusion into the SIP 

under Section 110 and subchapter I, 

part D of the Clean Air Act and will not 

in-and-of itself create any new 

requirements. Accordingly, it does not 

provide EPA with the discretionary 

authority to address, as appropriate, 

disproportionate human health or 

environmental effects, using practicable 

and legally permissible methods, under 

Executive Order 12898. 

Statutory Authority 

The statutory authority for this action 

is provided by Sections 110 of the CAA, 

as amended (42 U.S.C. 7410). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Particulate matter. 

Dated: March 10, 2011. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2011–6418 Filed 3–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R09–OAR–2011–0213; FRL–9283–5] 

Delegation of National Emission 

Standards for Hazardous Air Pollutants 

for Source Categories; State of 

Arizona, Maricopa County Air Quality 

Department; State of California, Santa 

Barbara County Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to section 112(l) of 

the 1990 Clean Air Act, EPA granted 

delegation of specific national emission 

standards for hazardous air pollutants 

(NESHAP) to the Maricopa County Air 

Quality Department on May 6, 2010, 

and December 14, 2010, and to the 

Santa Barbara County Air Pollution 

Control District on July 30, 2010. EPA 

is proposing to revise the Code of 

Federal Regulations to reflect the 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
14840 Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Proposed Rules 

current delegation status of NESHAP in 

Arizona and California. 

DATES: Any comments on this proposal 

must arrive by April 18, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0213, 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 

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: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

document concerns the delegation of 

unchanged NESHAP to the Maricopa 

County Air Quality Department, and the 

Santa Barbara County Air Pollution 

Control District. In the Rules and 

Regulations section of this Federal 

Register, EPA is amending regulations 

to reflect the current delegation status of 

NESHAP in Arizona and California. 

EPA is taking direct final action without 

prior proposal because the Agency 

believes this action is not controversial. 

If we receive adverse comments, 

however, we will publish a timely 

withdrawal of the direct final rule and 

address the comments in a subsequent 

action based on this proposed rule. 

Please note that if we receive adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: March 3, 2011. 

Deborah Jordan, 

Director, Air Division, Region IX. 

[FR Doc. 2011–6424 Filed 3–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Chapters I Through VII 

[FRL–9283–9; EPA–HQ–OA–2011–0154, 

–0155, –0156, –0157, –0158, –0159, –0160, 

–0161, –0162, –0163, –0164, –0165, –0166, 

–0167, –0168] 

Extension of Comment Period: EPA’s 

Plan for Retrospective Review Under 

Executive Order 13563 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Extension of comment period. 

SUMMARY: On February 23, 2011, EPA 

published in the Federal Register a 

document seeking public input on the 

design of a plan to use for periodic 

retrospective review of its regulations 

(76 FR 9988). This input is being 

solicited in response to Executive Order 

13563, ‘‘Improving Regulation and 

Regulatory Review,’’ wherein all federal 

agencies are directed to conduct a 

‘‘retrospective analysis of rules that may 

be outmoded, ineffective, insufficient, 

or excessively burdensome and to 

modify, streamline, expand, or repeal 

them in accordance with what has been 

learned.’’ 

DATES: Comments should be submitted 

no later than April 4, 2011. 

ADDRESSES: You may submit your 

comments, identified by Docket ID No. 

EPA–HQ–OA–2011–0154, –0155, 

–0156, –0157, –0158, –0159, –0160, 

–0161, –0162, –0163, –0164, –0165, 

–0166, –0167 or –0168 by any one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: ImprovingRegulations.

SuggestionBox@epa.gov 

• Fax: 202–566–9744 

• Mail: Send a copy of your 

comments and any enclosures to: 

Improving Regulations Docket, 

Environmental Protection Agency, EPA 

Docket Center, Mailcode: 2822T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

• Hand Delivery: Improving 

Regulations Docket, 

EPA/DC, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. 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–HQ–OA–2011– 

0154, –0155, –0156, –0157, –0158, 

–0159, –0160, –0161, –0162, –0163, 

–0164, –0165, –0166, –0167, –0168. 

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. 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. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS