Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Proposed Rules 17373 

hour ozone standard due to permanent 

and enforceable emissions reductions. 

VII. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination of termination of the 

CAA section 185 penalty fee 

requirement based on attainment of the 

1-hour ozone standard due to 

permanent and enforceable emission 

reductions, and would, if finalized, 

result in the termination of the section 

185 fee requirements for the 1-hour 

standard, and would not impose any 

additional requirements. For that 

reason, this proposed action: 

Æ 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); 

Æ Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

Æ 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.); 

Æ 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); 

Æ Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

Æ Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

Æ Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

Æ Is not subject to the 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 

Æ 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, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: March 19, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2011–7325 Filed 3–28–11; 8:45 am] 

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ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0169; FRL–9286–9] 

Approval and Promulgation of 

Implementation Plans; Nevada; 

Determination of Attainment for the 

Clark County 8-Hour Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to determine 

that the Clark County (Nevada) 8-hour 

ozone nonattainment area has attained 

the 1997 8-hour ozone national ambient 

air quality standards (NAAQS). This 

proposed determination is based upon 

complete, quality-assured, and certified 

ambient air monitoring data that show 

the area has monitored attainment of the 

1997 8-hour ozone NAAQS for the 2007 

to 2009 monitoring period. Preliminary 

air quality monitoring data available for 

2010 are consistent with continued 

attainment. Based on this proposed 

determination, the requirement for the 

State of Nevada to submit an attainment 

demonstration and associated 

reasonably available control measures 

(RACM), a reasonable further progress 

(RFP) plan, contingency measures, and 

other planning requirements related to 

attainment of the 1997 8-hour ozone 

NAAQS for the Clark County ozone 

nonattainment area would be suspended 

for as long as the nonattainment area 

continues to meet the 1997 8-hour 

ozone NAAQS. This action is being 

taken under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before April 28, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0169, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: kelly.johnj@epa.gov. 

3. Fax: (415) 947–3579. 

4. Mail: ‘‘EPA–R09–OAR–2011–0169,’’ 

Lisa Hanf, Chief, Air Planning Office, 

Air Division, U.S. Environmental 

Protection Agency, Region IX, 75 

Hawthorne Street (Air-2), San Francisco, 

California 94105. 

5. Hand Delivery or Courier: At the 

previously-listed EPA Region IX 

address. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

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: John 

Kelly, (415) 947–4151, or by e-mail at 

kelly.johnj@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

direct final action, of the same title, 

which is located in the Rules section of 

this Federal Register. EPA is approving 

the attainment determination and 

related suspension of attainment 

planning-related SIP submittal 

requirements as a direct final rule 

without prior proposal because EPA 

views this as a noncontroversial action 

and anticipates no adverse comments. A 

detailed rationale for the determination 

and suspension of attainment-related 

SIP submittal requirements is set forth 

in the preamble to the direct final rule. 

If EPA receives no adverse comments, 

EPA will not take further action on this 

proposed rule. 

If EPA receives adverse comments, 

EPA will withdraw the direct final rule 

and it will not take effect. EPA will 

address all public comments in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

on this action should do so at this time. 

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, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

Dated: March 15, 2011. 

Jared Blumenfeld, 

Regional Administrator, EPA Region IX. 

[FR Doc. 2011–7222 Filed 3–28–11; 8:45 am] 

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