2860 Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Proposed Rules 

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. 

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 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

e-mail at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, ‘‘Approval 

and Promulgation of Air Quality 

Implementation Plans; Virginia; 

Adoption of 8-hour Ozone Standard and 

Related Reference Conditions, and 

Update of Appendices,’’ that is located 

in the ‘‘Rules and Regulations’’ section 

of this Federal Register publication. 

Please note that if EPA receives 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: December 22, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–489 Filed 1–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 63 

[EPA–HQ–OAR–2002–0051; EPA–HQ–OAR– 

2007–0877; FRL–9253–5] 

RIN 2060–AQ59 

National Emission Standards for 

Hazardous Air Pollutants From the 

Portland Cement Manufacturing 

Industry and Standards of 

Performance for Portland Cement 

Plants 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is taking action on 

amendments to the National Emissions 

Standards for Hazardous Air Pollutants 

(NESHAP) and Standards of 

Performance (NSPS) for Portland 

Cement Plants. The final rules were 

published on September 9, 2010. This 

action amends certain text in the final 

rules to clarify compliance dates and to 

restore the previously issued emission 

limits that we changed in the September 

9, 2010 action. We are also correcting 

two minor typographical errors. 

DATES: Comments must be received on 

or before February 17, 2011. If any one 

contacts EPA by February 2, 2011 

requesting to speak at a public hearing, 

EPA will hold a public hearing on 

February 7, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2002–0051, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: U.S. Postal Service, send 

comments to: EPA Docket Center 

(6102T), National Emission Standards 

for Hazardous Air Pollutant From the 

Portland Cement Manufacturing 

Industry Docket, Docket ID No. EPA– 

HQ–OAR–2002–0051, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. Please include a total of two 

copies. In addition, please mail a copy 

of your comments on the information 

collection provisions to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB), Attn: Desk Officer for EPA, 725 

17th St., NW., Washington, DC 20503. 

• Hand Delivery: In person or by 

courier, deliver comments to: EPA 

Docket Center (6102T), Standards of 

Performance (NSPS) for Portland 

Cement Plants Docket, Docket ID No. 

EPA–HQ–OAR–2007–0877, EPA West, 

Room 3334, 1301 Constitution Avenue, 

NW., Washington, DC 20004. 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 include a total of two copies. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2002– 

0051. 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. 

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 EPA Docket Center, National 

Emission Standards for Hazardous Air 

Pollutants from the Portland Cement 

Manufacturing Industry Docket, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

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4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Docket Center is (202) 

566–1742. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Keith Barnett, Office of Air Quality 

Planning and Standards, Sector Policies 

and Programs Division, Metals and 

Minerals Group (D243–02), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone number: (919) 541–5605; fax 

number: (919) 541–5450; e-mail address: 

barnett.keith@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Categories and entities potentially 

regulated by this proposed rule include: 

Category NAICS 

code 1

Examples of regulated 

entities 

Industry ............................................................................................................................................................. 327310 Portland cement plants. 

Federal Government ........................................................................................................................................ Not affected. 

State/local/Tribal government ........................................................................................................................... Portland cement plants. 

1 North American Industry Classification System. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. To determine 

whether your facility would be 

regulated by this proposed action, you 

should examine the applicability 

criteria in 40 CFR 63.1340 (subpart 

LLL). If you have any questions 

regarding the applicability of this 

proposed action to a particular entity, 

contact the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

B. What should I consider as I prepare 

my comments to EPA? 

Do not submit information containing 

CBI to EPA through http:// 

www.regulations.gov or e-mail. Send or 

deliver information identified as CBI 

only to the following address: Roberto 

Morales, OAQPS Document Control 

Officer (C404–02), Office of Air Quality 

Planning and Standards, Environmental 

Protection Agency, Research Triangle 

Park, NC 27711, Attention Docket ID 

No. EPA–HQ–OAR–2002–0051. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

C. Where can I get a copy of this 

document? 

In addition to being available in the 

docket, an electronic copy of this 

proposed action is available on the 

Worldwide Web (WWW) through the 

Technology Transfer Network (TTN). 

Following signature, a copy of this 

proposed action will be posted on the 

TTN’s policy and guidance page for 

newly proposed or promulgated rules at 

http://www.epa.gov/ttn/oarpg. The TTN 

provides information and technology 

exchange in various areas of air 

pollution control. 

D. When and where would a public 

hearing occur? 

If anyone contacts EPA requesting to 

speak at a public hearing by February 2, 

2011, a public hearing will be held on 

February 7, 2011. To request a public 

hearing contact Ms. Virginia Hunt, EPA, 

Office of Air Quality Planning and 

Standards, Sector Policy and Programs 

Division, Metals and Minerals Group 

(D243–02), Research Triangle Park, NC 

27711, telephone number 919–541– 

0832, e-mail address: 

hunt.virginia@epa.gov by the date 

specified above in the DATES section. 

Persons interested in presenting oral 

testimony or inquiring as to whether a 

public hearing is to be held should also 

contact Ms. Virginia Hunt at least 2 days 

in advance of the potential date of the 

public hearing. 

If a public hearing is requested, it will 

be held at 10 a.m. at the EPA 

Headquarters, Ariel Rios Building, 12th 

Street and Pennsylvania Avenue, 

Washington, DC 20460 or at a nearby 

location. 

II. Direct Final Rule 

A direct final rule identical to the 

proposal is published in the Rules and 

Regulations section of today’s Federal 

Register. We are taking direct final 

action on the proposed amendments 

because we view the amendments as 

noncontroversial and anticipate no 

significant adverse comments. We have 

explained our reasons for the 

amendments in the direct final rule. If 

no significant adverse comments are 

received, no further action will be taken 

on the proposal, and the direct final rule 

will become effective as provided in 

that action. 

If we receive significant adverse 

comments, we will withdraw only those 

provisions on which we received those 

comments. We will publish a timely 

withdrawal in the Federal Register 

indicating which provisions will 

become effective and which provisions 

are being withdrawn. If part or the 

entire direct final rule in the Rules and 

Regulations section of today’s Federal 

Register is withdrawn, all comments 

pertaining to those provisions will be 

addressed in a subsequent final rule 

based on the proposed amendments. We 

will not institute a second comment 

period on the subsequent final action. 

Any parties interested in commenting 

must do so at this time. 

The regulatory text for the proposal is 

identical to that for the direct final rule 

published in the Rules and Regulations 

section of today’s Federal Register. For 

further supplementary information, the 

detailed rationale for the proposal and 

the regulatory revisions, see the direct 

final rule published in a separate part of 

this Federal Register. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866, 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is, therefore, not subject to review by the 

Office of Management and Budget 

(OMB). (See 75 FR 55029–30) This 

action is a correction to certain text in 

the final rules and is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). However, 

the final rules promulgated on 

September 9, 2010 were reviewed by 

OMB. 

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B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. This 

action adds clarifications and 

corrections to the final standards. 

However, the Office of Management and 

Budget (OMB) has previously approved 

the information collection requirements 

contained in the existing regulations (75 

FR 54970, September 9, 2010) under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and has 

assigned OMB control numbers 2060– 

0416 and 2060–0614. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impact 

of this rule on small entities, small 

entity is defined as: (1) A small business 

whose parent company has no more 

than 750 employees depending on the 

size definition for the affected NAICS 

code (as defined by Small Business 

Administration (SBA) regulations at 13 

CFR 121.201); (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district, or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impact of this proposed rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities 

because it does not add any additional 

regulatory requirements. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act (UMRA), 2 U.S.C. 1531– 

1538, requires Federal agencies, unless 

otherwise prohibited by law, to assess 

the effects of their regulatory actions on 

State, local, and Tribal governments and 

the private sector. Federal agencies must 

also develop a plan to provide notice to 

small governments that might be 

significantly or uniquely affected by any 

regulatory requirements. The plan must 

enable officials of affected small 

governments to have meaningful and 

timely input in the development of EPA 

regulatory proposals with significant 

Federal intergovernmental mandates 

and must inform, educate, and advise 

small governments on compliance with 

the regulatory requirements. 

This proposed rule does not contain 

a Federal mandate that may result in 

expenditures of $100 million or more 

for State, local, and Tribal governments, 

in the aggregate, or the private sector in 

any one year. Thus, this proposed rule 

is not subject to the requirements of 

section 202 and 205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of the 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

action contains no requirements that 

apply to such governments, imposes no 

obligations upon them, and will not 

result in expenditures by them of $100 

million or more in any one year or any 

disproportionate impacts on them. 

E. Executive Order 13132: Federalism 

Executive Order 13132 (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 proposed rule 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. None of the 

affected facilities are owned or operated 

by State governments. Thus, Executive 

Order 13132 does not apply to this 

proposed rule. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

specifically solicits comment on this 

proposed action from State and local 

officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Subject to the Executive Order 13175 

(65 FR 67249, November 9, 2000) EPA 

may not issue a regulation that has 

Tribal implications, that imposes 

substantial direct compliance costs, and 

that is not required by statute, unless 

the Federal government provides the 

funds necessary to pay the direct 

compliance costs incurred by Tribal 

governments, or EPA consults with 

Tribal officials early in the process of 

developing the proposed regulation and 

develops a Tribal summary impact 

statement. 

This proposed rule does not have 

Tribal implications, as specified in 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). It will not have 

substantial direct effects on Tribal 

governments, on the relationship 

between the Federal government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian Tribes, 

as specified in Executive Order 13175. 

The proposed rule imposes no new 

requirements on the one Tribally owned 

facility. Thus, Executive Order 13175 

does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

as applying to those regulatory actions 

that concern health or safety risks, such 

that the analysis required under section 

5–501 of the Order has the potential to 

influence the regulation. This proposed 

action is not subject to Executive Order 

13045 because it is based solely on 

technology performance. 

H. Executive Order 13211: Actions 

Concerning Regulations 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. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113 (15 U.S.C. 272 note) directs 

EPA to use voluntary consensus 

standards (VCS) in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. VCS are 

technical standards (e.g., materials 

specifications, test methods, sampling 

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procedures, and business practices) that 

are developed or adopted by VCS 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable VCS. 

This action does not involve changes 

to the technical standards related to test 

methods or monitoring methods; thus, 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply. 

J. 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 has determined that this 

proposed rule does not involve special 

consideration of environmental justicerelated issues as required by Executive 

Order 12898, Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994), because it does not change any 

regulatory requirements, it merely 

corrects and clarifies existing 

requirements. 

List of Subjects in 40 CFR Parts 60 and 

63 

Environmental protection, Air 

pollution control, Hazardous 

substances, Incorporation by reference, 

and Reporting and recordkeeping 

requirements. 

Dated: January 10, 2011. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2011–765 Filed 1–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2009–0044; MO 

92210–0–0009] 

RIN 1018–AW86 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for the Sonoma County Distinct 

Population Segment of the California 

Tiger Salamander (Ambystoma 

californiense) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Revised proposed rule; 

reopening of comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce the 

reopening of the comment period on our 

August 18, 2009, proposed designation 

of critical habitat for the Sonoma 

County Distinct Population Segment of 

the California tiger salamander 

(Ambystoma californiense) under the 

Endangered Species Act of 1973, as 

amended. We also announce revisions 

to the proposed critical habitat unit, as 

it was described in the proposed rule 

published in the Federal Register on 

August 18, 2009 (74 FR 41662), and 

announce the availability of the draft 

economic analysis for the revised 

proposed critical habitat designation 

and an amended required 

determinations section of the proposal. 

We are reopening the comment period 

for an additional 30 days to allow all 

interested parties an opportunity to 

comment simultaneously on the revised 

proposed critical habitat, the associated 

draft economic analysis, and the 

amended required determinations 

section. Comments previously 

submitted need not be resubmitted and 

will be fully considered in preparation 

of the final rule. 

DATES: We will consider public 

comments received on or before 

February 17, 2011. Comments must be 

received by 11:59 p.m. Eastern Time on 

the closing date. Any comments that we 

receive after the closing date may not be 

considered in the final decision on this 

action. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments to 

Docket No. FWS–R8–ES–2009–0044. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R8– 

ES–2009–0044; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: 

Susan Moore, Field Supervisor, or 

Karen Leyse, Listing Coordinator, U.S. 

Fish and Wildlife Service, Sacramento 

Fish and Wildlife Office, 2800 Cottage 

Way, Room W–2605, Sacramento, CA 

95825; telephone 916–414–6600; 

facsimile 916–414–6713. Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Public Comments 

We intend that any final action 

resulting from this revised proposed 

rule will be based on the best scientific 

data available and will be as accurate 

and as effective as possible. We will 

accept written comments and 

information during this reopened 

comment period on our amended 

proposed designation of critical habitat 

for the Sonoma County Distinct 

Population Segment of the California 

tiger salamander that was published in 

the Federal Register on August 18, 2009 

(74 FR 41662), our draft economic 

analysis (DEA) of the proposed 

designation, and the amended required 

determinations provided in this 

document. We will consider 

information and recommendations from 

all interested parties. 

Therefore, during this reopened 

comment period we request comments 

or information from the public, other 

concerned government agencies, the 

scientific community, industry, or other 

interested party on: (1) The proposed 

rule to designate critical habitat for the 

Sonoma County Distinct Population 

Segment (DPS) of the California tiger 

salamander that was published in the 

Federal Register on August 18, 2009 (74 

FR 41662), the revisions to proposed 

critical habitat described herein (see 

Revisions to Proposed Critical Habitat 

section), and the DEA of the revised 

proposed designation; (2) the 

considered exclusion of critical habitat; 

and (3) the amended Required 

Determinations section provided in this 

document. We are particularly 

interested in comments concerning: 

(1) The proposed critical habitat 

designation (which comprises a single 

critical habitat unit), as revised in this 

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