28776 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Proposed Rules 

FOR FURTHER INFORMATION CONTACT: For 

information regarding this source 

specific SIP revision, contact Ms. Kelly 

Sheckler, Air Quality Modeling and 

Transportation 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. Ms. 

Sheckler’s telephone number is (404) 

562–9222; email address: 

sheckler.kelly@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules Section of this Federal Register. 

A detailed rationale for the approval is 

set forth in the direct final rule. If no 

adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this 

document. Any parties interested in 

commenting on this document should 

do so at this time. 

Dated: May 1, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2013–11563 Filed 5–15–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0223; FRL–9813–7] 

Approval and Promulgation of 

Implementation Plans; Georgia; State 

Implementation Plan Miscellaneous 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing changes to 

the Georgia State Implementation Plan 

(SIP) submitted by the Georgia 

Environmental Protection Division to 

EPA in four separate SIP submittals 

dated September 15, 2008, August 30, 

2010 (two submittals), and December 

15, 2011. In the portions of the 

submittals being approved today, the 

SIP revisions update the Georgia SIP to 

reflect EPA’s current national ambient 

air quality standards for sulfur dioxide, 

nitrogen dioxide, ozone, lead, and 

particulate matter found in the Code of 

Federal Regulations. In the Final Rules 

Section of this Federal Register, EPA is 

approving the State’s implementation 

plan revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period 

on this document. Any parties 

interested in commenting on this 

document should do so at this time. 

DATES: Comments must be received on 

or before June 17, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2013–0223 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-RDS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2013–0223, 

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, Chief, 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. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding this source 

specific SIP revision, contact Mr. 

Richard Wong, 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. Mr. 

Wong’s telephone number is (404) 562– 

8726; email address: 

wong.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules Section of this Federal Register. 

A detailed rationale for the approval is 

set forth in the direct final rule. If no 

adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this 

document. Any parties interested in 

commenting on this document should 

do so at this time. 

Dated: May 3, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2013–11565 Filed 5–15–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0271; FRL–9814–2] 

Approval and Promulgation of 

Implementation Plans; Kentucky; 

Stage II Requirements for Enterprise 

Holdings, Inc. at Cincinnati/Northern 

Kentucky International Airport in 

Boone County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a source-specific State Implementation 

Plan (SIP) revision submitted to EPA by 

the Commonwealth of Kentucky, 

through the Kentucky Division for Air 

Quality (KDAQ) on April 25, 2013, for 

the purpose of exempting Enterprise 

Holdings, Inc., facility from the Clean 

Air Act (CAA or Act) Stage II vapor 

control requirements. The Enterprise 

Holdings, Inc., facility is currently being 

constructed at the Cincinnati/Northern 

Kentucky International Airport in Boone 

County, Kentucky. EPA’s proposed 

approval of this revision to Kentucky’s 

SIP is based on the December 12, 2006, 

EPA policy memorandum from Stephen 

D. Page, entitled ‘‘Removal of Stage II 

Vapor Recovery in Situations Where 

Widespread Use of Onboard Refueling 

Vapor Recovery is Demonstrated.’’ This 

action is being taken pursuant to the 

CAA. 


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DATES: Comments must be received on 

or before June 17, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2013–0271 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4–RDS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2013–0271, 

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, Chief, 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–2013– 

0271.’’ 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 through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. 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. 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 

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 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: For 

information regarding this source 

specific SIP revision, contact Ms. Kelly 

Sheckler, 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. Ms. 

Sheckler’s telephone number is (404) 

562–9992; email address: 

sheckler.kelly@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Analysis of the Commonwealth’s submittal 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Under the CAA Amendments of 1990, 

EPA designated and classified three 

Kentucky Counties (Boone, Campbell 

and Kenton) and four Ohio Counties 

(Butler, Clermont, Hamilton and 

Warren) as a ‘‘moderate’’ nonattainment 

area for the 1-hour ozone national 

ambient air quality standards (NAAQS) 

as part of the Cincinnati/Northern 

Kentucky Area. See 56 FR 56694, 

effective January 6, 1992. The 

designation was based on the Area’s 1- 

hour ozone design value of 0.157 parts 

per million for the three year period of 

1988–1990. 

Pursuant to the requirements of 

section 182(b)(3) of the CAA, KDAQ 

developed the Kentucky Administrative 

Regulations (KAR) 401 KAR 59:174 

Stage II controls at gasoline dispensing 

facilities, and submitted the rule to EPA 

for approval as part of Kentucky’s ozone 

SIP. The rule was adopted by Kentucky 

on January 12, 1998, and approved by 

EPA into the SIP on December 8, 1998. 

See 63 FR 67586. Under this regulation, 

gasoline dispensing facilities with a 

monthly throughput of 25,000 gallons or 

more located in a Kentucky County in 

which the entire County is classified as 

severe, serious, or moderate 

nonattainment for ozone are required to 

install Stage II vapor recovery systems. 

On October 29, 1999, having 

implemented all measures required of 

Kentucky to that date for moderate 

ozone nonattainment areas under the 

CAA, and with three years of data 

(1996–1998) showing compliance with 

the 1-hour ozone standards, KDAQ 

submitted to EPA an ozone maintenance 

plan and request for redesignation of the 

Kentucky portion of Cincinnati/ 

Northern Kentucky area to attainment 

status. The maintenance plan, as 

required under section 175A of the 

CAA, showed that nitrogen oxides and 

volatile organic compounds (VOC) 

emissions in the Area would remain 

below the 1990 ‘‘attainment year’s’’ 

levels. In making these projections 

KDAQ factored in the emissions benefit 

(primarily VOC) of the Area’s Stage II 

program, and did not remove this 

program from the Kentucky SIP. The 

redesignation request and maintenance 

plan were approved by EPA, effective 

June 19, 2000 (65 FR 37879). 

Since the Kentucky Stage II program 

was already in place and had been 

included in the Commonwealth’s 

October 29, 1999, redesignation request 

and 1-hour ozone maintenance plan for 

the Area, KDAQ elected not to remove 

the program from the SIP at that time. 

On April 6, 1994, EPA promulgated 

regulations requiring the phase-in of 

onboard refueling vapor recovery 

(ORVR) systems on new motor vehicles. 

Under section 202(a)(6) of the CAA, 

moderate ozone nonattainment areas are 

not required to implement Stage II vapor 

recovery programs after promulgation of 

ORVR standards. 

II. Analysis of the Commonwealth’s 

Submittal 

EPA’s primary consideration for 

determining the approvability of 

Kentucky’s request to exempt Stage II 

vapor control requirements for the 

Enterprise Holdings, Inc., facility 


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28778 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Proposed Rules 

1EPA subsequently clarified that the Tri-state 

Cincinnati-Hamilton Area was classified 

unclassifiable/attainment for the 24-hour NAAQS 

promulgated in 1997. See 74 FR 58688 (November 

13, 2009). 

2On May 16, 2012, EPA made a determination 

that ORVR was in widespread use throughout the 

motor vehicle fleet for purposes of controlling 

motor vehicle refueling emissions. EPA estimated 

that approximately 70 percent of all vehicles would 

be equipped with on-board systems to capture these 

vapors by the end of 2012, rendering the use of 

Stage II vapor recovery systems redundant. 

located at the Cincinnati/Northern 

Kentucky International Airport in Boone 

County is whether this requested action 

complies with section 110(l) of the 

CAA. Below is EPA’s analysis of these 

considerations. 

a. Federal Requirements for Stage II 

States were required to adopt Stage II 

rules for all areas classified as 

‘‘moderate’’ or worse under section 

182(b)(3) of the CAA. However, section 

202(a)(6) of the CAA states that ‘‘the 

requirements of section 182(b)(3) 

(relating to Stage II gasoline vapor 

recovery) for areas classified under 

section 181 as moderate for ozone shall 

not apply after the promulgation of such 

[ORVR] standards.’’ ORVR regulations 

were promulgated by EPA on April 6, 

1994. See 59 FR 16262, and 40 CFR 

86.001, .098). As a result, the CAA no 

longer requires moderate areas to 

impose Stage II controls under section 

182(b)(3), and such areas may seek SIP 

revisions to remove such requirements 

from their SIP, subject to section 110(l) 

of the Act. EPA’s policy memorandum 

related to ORVR, dated March 9, 1993, 

and June 23, 1993, provided further 

guidance on an allowance for removing 

Stage II requirements from certain areas. 

The policy memorandum dated March 

9, 1993, states ‘‘[w]hen onboard rules 

are promulgated, a State may withdraw 

its Stage II rules for moderate areas from 

the SIP (or from consideration as a SIP 

revisions) consistent with its obligation 

under sections 182(b)(3) and 202(a)(6), 

so long as withdrawal will not interfere 

with any other applicable requirements 

of the Act.’’ Because Kentucky is taking 

credit for Stage II in its maintenance 

plan, the Commonwealth’s request for a 

source specific exemption from the 

State II vapor control requirements is 

subject to section 110(l) of the CAA. 

Section 110(l) of the Act provides that 

EPA cannot approve a SIP revision if 

that revision interferes with any 

applicable requirement regarding 

attainment, reasonable further progress 

(RFP) or any requirement established in 

the CAA. EPA can approve a SIP 

revision that removes or modifies 

control measures in the SIP once states 

make a ‘‘noninterference’’ 

demonstration that such a removal or 

modification will not interfere with 

attainment of the NAAQS, RFP or any 

other CAA requirement. As such, 

Kentucky must make a demonstration of 

noninterference in order to exempt 

Stage II from the SIP for Enterprise 

Holdings, Inc. facility located at the 

Cincinnati/Northern Kentucky 

International Airport in Boone County. 

b. Cincinnati-Hamilton Interstate Area 

Air Quality Status 

With respect to ozone, on April 30, 

2004, EPA designated the Cincinnati/ 

Northern Kentucky Area as 

nonattainment for the 1997 8-hour 

ozone NAAQS. See 69 FR 23857. On 

January 29, 2010, the Commonwealth 

submitted to EPA a redesignation 

request and maintenance plan for the 

1997 8-hour ozone NAAQS. As a result 

the Cincinnati/Northern Kentucky area 

was redesignated to attainment for the 

1997 8-hour ozone NAAQS on August 5, 

2010 (75 FR 4718). EPA then designated 

portions of Boone, Campbell and 

Kenton Counties in Kentucky as 

nonattainment for the 2008 8-hour 

ozone NAAQS as part of the Cincinnati/ 

Northern Kentucky Nonattainment 

Area. This designation for the 2008 8- 

hour ozone NAAQS was effective July 

20, 2012. See 77 FR 30088. 

With respect to PM, on July 18, 1997, 

EPA promulgated the first air quality 

standards for PM2.5. EPA promulgated 

an annual PM2.5 standard at a level of 

15 micrograms per cubic meter (mg/m3), 

based on a 3-year average of annual 

mean PM2.5 concentrations. In the same 

rulemaking, EPA promulgated a 24-hour 

standard of 65 mg/m3, based on a 3-year 

average of the 98th percentile of 24-hour 

PM2.5 concentrations. On January 5, 

2005, at 70 FR 944, and supplemented 

on April 14, 2005, at 70 FR 19844, EPA 

designated Boone, Campbell, and 

Kenton Counties in Kentucky as part of 

the Tri-state Cincinnati-Hamilton 

Nonattainment Area for the 1997 PM2.5

NAAQS.1

On January 27, 2011, KDAQ 

submitted a request to redesignate the 

Kentucky portion of the Tri-state 

Cincinnati-Hamilton Area PM2.5

Nonattainment Area to attainment for 

the 1997 Annual PM2.5 NAAQS based 

on 2007–2009 data. On December 15, 

2011, EPA published the final 

rulemaking redesignating the Area to 

attainment for the 1997 annual PM2.5

NAAQS. See 76 FR 77904. 

In 2006, EPA strengthened the 

primary and secondary 24-hour PM2.5

NAAQS from 65 mg/m3 to 35 mg/m3, and 

retained the current primary and 

secondary annual PM2.5 NAAQS at 15 

mg/m3. See 71 FR 61144, October 17, 

2006. The revision of the 24-hour PM2.5

NAAQS in 2006, triggered the 

designation process for the NAAQS. The 

Cincinnati/Northern Kentucky Area was 

designated attainment for the 2006 

PM2.5 NAAQS. See 74 FR 58688, 

November 13, 2009. 

c. Non-Interference Demonstration for 

Exemption of Stage II Requirements. 

EPA is making the preliminary 

determination that Kentucky’s April 25, 

2013, proposed source-specific revision 

to the Kentucky SIP is approvable based 

on the CAA and the December 12, 2006, 

EPA memorandum from Stephen D. 

Page entitled, ‘‘Removal of Stage II 

Vapor Recovery in Situations Where 

Widespread use of On-board Refueling 

Vapor Recovery is Demonstrated,’’ 

which provides guidance to states 

concerning the removal of Stage II 

gasoline vapor recovery systems where 

states demonstrate to EPA that 

widespread use of ORVR has occurred 

in specific portions of the motor vehicle 

fleet. 

As previously discussed, States were 

required to adopt Stage II rules for such 

areas under section 182(b)(3) of the 

CAA. However, section 202(a)(6) of the 

CAA provides that the requirements of 

section 182(b)(3) (relating to Stage II 

gasoline vapor recovery) for areas 

classified as moderate for ozone shall 

not apply after the promulgation of 

ORVR standards. In addition, section 

202(a)(6) further provides that the 

Administrator may, by rule, revise or 

waive the application of requirements of 

section 182(b)(3) for areas classified as 

serious, severe, or extreme for ozone. 

Section 202 ORVR regulations were 

promulgated by EPA on April 6, 1992, 

and the requirements of these 

regulations were phased in. In this 

circumstance, EPA does not view 

section 202 as requiring a determination 

of ‘‘widespread’’ use as is necessary for 

the source-specific SIP revision for 

Stage II requirements for the Enterprise 

Holdings, Inc. facility because the area 

is not designated as serious or above for 

ozone. EPA, however, does view the 

widespread use analysis as relevant 

toward satisfying the section 110(l) 

demonstration necessary to exempt the 

Enterprise Holdings, Inc. facility from 

the Stage II vapor control requirements. 

EPA believes the widespread use of 

ORVR has been sufficiently 

demonstrated.2 EPA’s December 12, 

2006, memorandum states that if 95 

percent of the vehicles in the fleet have 

ORVR, then widespread use will likely 

have been demonstrated for that fleet. 


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The memorandum addresses the 

following specific fleets: 

• Initial fueling of new vehicles at 

automobile assembly plants; 

• Refueling of rental cars at rental car 

facilities; and 

• Refueling of flexible fuel vehicles at 

E85 dispensing pumps. 

Most large rental companies rent 

current model vehicles, that are 

equipped with ORVR and vehicle 

models are updated to current year 

models every year or two. The 

Commonwealth of Kentucky has 

confirmed that 100 percent of the fleet 

will be equipped with 2006 model year 

(first model year vehicles required to be 

equipped with ORVR) and newer 

vehicles at the Enterprise Holdings, Inc., 

facility at the Cincinnati/Northern 

Kentucky International Airport in Boone 

County. 

CAA section 110(a)(2)(D)(i)(I) 

prohibits facilities within the State from 

emitting any air pollutants in amounts 

which will contribute significantly to 

nonattainment in, or interfere with 

maintenance by, any other State with 

respect to any such national primary or 

secondary ambient air quality standards. 

The only pollutant emitted by refueling 

vehicles is VOC, which is a precursor of 

ozone, and its emissions are mitigated 

by the use of vehicles equipped with 

ORVR. EPA has preliminarily 

determined that Kentucky has 

adequately demonstrated that ORVR is 

in widespread use and that the Stage II 

requirements of the Kentucky SIP have 

been sufficiently supplanted by the 

ORVR such that exemption of the 

Enterprise Holdings, Inc., facility from 

the Stage II requirements would not 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

applicable requirement of the CAA. 

III. Proposed Action 

EPA is proposing to approve the 

aforementioned source-specific SIP 

revision request from Kentucky. VOC 

emissions from vehicles at Enterprise 

Holdings, Inc., facilities are controlled 

by ORVR, therefore, EPA has 

preliminarily concluded that removal of 

Stage II requirements at this facility 

would not result in an increase of VOC 

emissions, and thus would not 

contribute to ozone formation. The 

Commonwealth is seeking to remove 

this requirement for this facility and 

EPA has preliminarily determined that 

Kentucky has fully satisfied the 

requirements of section 110(l) of the 

CAA. Therefore, EPA is proposing to 

approve this source-specific SIP 

revision, as being consistent with 

section 110 of the CAA. 

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 

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 CAA. Accordingly, these proposed 

actions merely approve state law as 

meeting federal requirements and do not 

impose additional requirements beyond 

those imposed by Commonwealth law. 

For that reason, these proposed actions: 

• Are 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); 

• do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• are 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.); 

• do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Public Law 104–4); 

• do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• are 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 

• do 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 Commonwealth, and 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, Greenhouse Gas, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: May 7, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2013–11713 Filed 5–15–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2013–0002: Internal 

Agency Docket No. FEMA–B–1152] 

Proposed Flood Elevation 

Determinations for Armstrong County, 

Pennsylvania (All Jurisdictions) 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) is 

withdrawing its proposed rule 

concerning proposed flood elevation 

determinations for Armstrong County, 

Pennsylvania (All Jurisdictions). 

DATES: This withdrawal is effective on 

May 16, 2013. 

ADDRESSES: You may submit comments, 

identified by Docket No. FEMA–B–1152 

to Luis Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: On 

November 2, 2010, FEMA published a 

proposed rulemaking at 75 FR 67304, 

proposing flood elevation 

determinations along one or more 

flooding sources in Armstrong County, 

Pennsylvania. Because FEMA has or 


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