Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules 21919 

26See 40 CFR 52.633 (reasonably attributable 

visibility impairment) and 74 FR 2392 (Jan. 15, 

2009) (regional haze). 

27We have placed a copy of the proposed consent 

decree in the docket for this action. 

by the lack of approvable SIP revisions 

to address reasonably attributable 

visibility impairment (RAVI) and 

regional haze affecting mandatory Class 

I areas.26 Under section 179(a) of the 

CAA, final disapproval of a submittal 

that addresses a requirement of part D, 

title I of the CAA (CAA sections 171– 

193) or is required in response to a 

finding of substantial inadequacy as 

described in CAA section 110(k)(5) (SIP 

Call) starts a sanctions clock. The 2011 

Hawaii Infrastructure SIP was not 

submitted to meet either of these 

requirements. Therefore, any action we 

take to finalize the described 

disapproval will not trigger sanctions. 

In addition, these deficiencies have 

previously been addressed through 

promulgation of a PSD FIP (43 FR 

26410, June 19, 1978, as amended at 45 

FR 52741, Aug. 7, 1980; 68 FR 11322, 

Mar. 10, 2003; 68 FR 74488, Dec. 24, 

2003) and a FIP addressing RAVI (50 FR 

28553, July 12, 1985, as amended at 52 

FR 45137, Nov. 24, 1987). The 

requirement to address regional haze 

will be addressed through final action 

on a regional haze SIP and/or FIP for 

Hawaii, which must be signed by 

September 15, 2012, under the terms of 

a proposed consent decree.27 Therefore, 

this disapproval, if finalized, would not 

trigger any new FIP obligations. 

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, this proposed 

action merely approves some state law 

as meeting Federal requirements and 

disapproves other state law because it 

does not meet Federal requirements; 

this proposed action does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed 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 CAA; 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 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, Oxides of nitrogen, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: March 27, 2012. 

Keith Takata, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2012–8848 Filed 4–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9657–6] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the A & F Material Reclaiming, Inc. 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule; notice of intent. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 5 is issuing a 

Notice of Intent to Delete the A & F 

Material Reclaiming, Inc. Superfund 

Site (Site) located in Greenup, Illinois 

from the National Priorities List (NPL) 

and requests public comments on this 

proposed action. The NPL, promulgated 

pursuant to Section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). EPA and the 

State of Illinois, through the Illinois 

Environmental Protection Agency 

(IEPA), have determined that all 

appropriate response actions under 

CERCLA have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: Comments must be received by 

May 14, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–1983–0002, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

online instructions for submitting 

comments. 

• Email: Gladys Beard, NPL Deletion 

Process Manager, at 

beard.gladys@epa.gov or Janet Pope, 

Community Involvement Coordinator, at 

pope.janet@epa.gov. 

• Fax: Gladys Beard, NPL Deletion 

Process Manager, at (312) 697–2077. 

• Mail: Gladys Beard, NPL Deletion 

Process Manager, U.S. Environmental 

Protection Agency (SR–6J), 77 West 

Jackson Boulevard, Chicago, IL 60604, 

(312) 886–7253; or Janet Pope, 

Community Involvement Coordinator, 

U.S. Environmental Protection Agency 

(SI–7J), 77 West Jackson Boulevard, 

Chicago, IL 60604, (312) 353–0628 or 

(800) 621–8431. 

• Hand delivery: Janet Pope, 

Community Involvement Coordinator, 

U.S. Environmental Protection Agency 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

21920 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules 

(SI–7J), 77 West Jackson Boulevard, 

Chicago, IL 60604. Such deliveries are 

only accepted during the docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

normal business hours are Monday 

through Friday, 8:30 a.m. to 4:30 p.m., 

excluding federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–1983– 

0002. 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 email. 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 email comment directly 

to EPA without going through http:// 

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. 

Docket 

All documents in the docket are listed 

in the http://www.regulations.gov index. 

Although listed in the index, some 

information may not be 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 the hard copy. Publicly 

available docket materials are available 

either electronically at http:// 

www.regulations.gov or in hard copy at: 

• U.S. Environmental Protection 

Agency—Region 5, 77 West Jackson 

Boulevard, Chicago, IL 60604, Phone: 

(312) 353–1063, Hours: Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

federal holidays. 

• Greenup City Clerk’s Office, 

Greenup Municipal Building, 115 

Cumberland Avenue, Greenup, IL 

62424, Phone: (217) 923–3401, Hours: 

Monday through Friday, 7:30 a.m. to 

4:30 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Gladys Beard, NPL Deletion Process 

Manager, U.S. Environmental Protection 

Agency (SR–6J), 77 West Jackson 

Boulevard, Chicago, IL 60604, (312) 

886–7253, or beard.gladys@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of 

today’s Federal Register, we are 

publishing a direct final Notice of 

Deletion of the A & F Material 

Reclaiming Inc. Superfund Site without 

prior Notice of Intent to Delete because 

we view this as a noncontroversial 

revision and anticipate no adverse 

comment. We have explained our 

reasons for this deletion in the preamble 

to the direct final Notice of Deletion, 

and those reasons are incorporated 

herein. If we receive no adverse 

comment(s) on this deletion action, we 

will not take further action on this 

Notice of Intent to Delete. If we receive 

adverse comment(s), we will withdraw 

the direct final Notice of Deletion, and 

it will not take effect. We will, as 

appropriate, address all public 

comments in a subsequent final Notice 

of Deletion based on this Notice of 

Intent to Delete. We will not institute a 

second comment period on this Notice 

of Intent to Delete. Any parties 

interested in commenting must do so at 

this time. 

For additional information, see the 

direct final Notice of Deletion which is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, and Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: March 19, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2012–8859 Filed 4–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R6–ES–2012–0003; 

4500030113] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To List the Eastern or 

Southern Rocky Mountain Population 

of the Boreal Toad as an Endangered 

or Threatened Distinct Population 

Segment 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of petition finding and 

initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90-day finding on a petition to list either 

the Eastern population or the Southern 

Rocky Mountain (SRM) population of 

the boreal toad (Anaxyrus boreas 

boreas) as a distinct population segment 

(DPS) that is endangered or threatened 

under the Endangered Species Act of 

1973, as amended (Act), and to 

designate critical habitat. Based on our 

review, we find that the petition 

presents substantial scientific or 

commercial information indicating that 

listing the Eastern population of the 

boreal toad as a DPS may be warranted. 

We did not find substantial information 

that listing the SRM population of the 

boreal toad as a DPS may be warranted. 

Therefore, with the publication of this 

notice, we are initiating a review of the 

status of the Eastern population to 

determine if listing it as a DPS is 

warranted. To ensure that this status 

review is comprehensive, we are 

requesting scientific and commercial 

data and other information regarding the 

potential DPS. Based on the status 

review, we will issue a 12-month 

finding on the petition, which will 

address whether the petitioned action is 

warranted, as provided in the Act. 

DATES: To allow us adequate time to 

conduct this review, we request that we 

receive information on or before June 

11, 2012. The deadline for submitting an 

electronic comment using the Federal 

eRulemaking Portal (see ADDRESSES

section, below) is 11:59 p.m. Eastern 

Time on this date. After June 11, 2012, 

you must submit information directly to 

the Field Office (see FOR FURTHER

INFORMATION CONTACT section below). 

Please note that we might not be able to 

address or incorporate information that 

we receive after the above requested 

date. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS