20910 Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Proposed Rules 

areas designated attainment or 

unclassifiable with respect to the 

National Ambient Air Quality 

Standards. 

The changes to New Mexico’s PSD 

program regulations are substantively 

the same as the amendments to the 

Federal PSD regulatory provisions in 

EPA’s Tailoring Rule. As part of its 

review of this submittal, EPA performed 

a line-by-line review of New Mexico’s 

proposed revision and has determined 

that they are consistent with the 

Tailoring Rule. EPA’s Technical 

Support Document detailing our 

analysis of the proposed revisions to the 

New Mexico SIP is available in the 

docket for this action. 

V. What action is EPA taking? 

EPA is proposing to approve New 

Mexico’s December 1, 2010, SIP 

submittal, relating to PSD requirements 

for GHG-emitting sources. Specifically, 

New Mexico’s December 1, 2010, 

proposed SIP revision establishes 

appropriate emissions thresholds for 

determining PSD applicability to new 

and modified GHG-emitting sources in 

accordance with EPA’s Tailoring Rule. 

EPA has made the determination that 

this SIP submittal is approvable because 

it is in accordance with the CAA and 

EPA regulations regarding PSD 

permitting for GHGs. 

If EPA finalizes our approval of New 

Mexico’s changes to its air quality 

regulations to incorporate the 

appropriate thresholds for GHG 

permitting applicability into New 

Mexico’s SIP, then paragraph (d) in 

Section 52.1634 of 40 CFR part 52, as 

included in EPA’s SIP Narrowing 

Rule—which codifies the limitation of 

EPA’s approval of New Mexico’s PSD 

SIP to not cover the applicability of PSD 

to GHG-emitting sources below the 

Tailoring Rule thresholds—is no longer 

necessary. In today’s proposed action, 

EPA is also proposing to amend Section 

52.1634 of 40 CFR part 52 to remove 

this unnecessary regulatory language. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Clean Air 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 Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this 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 Clean Air Act; 

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, and Reporting and 

recordkeeping requirements. 

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

Dated: April 6, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2011–9099 Filed 4–13–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0545; FRL–9295–2] 

Proposed Approval of Air Quality 

Implementation Plans; Indiana; Stage I 

Vapor Recovery Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

into the Indiana State Implementation 

Plan (SIP), amendments to the stage I 

vapor recovery rule and administrative 

changes to stage II vapor recovery rule 

submitted by the Indiana Department of 

Environmental Management on June 11, 

2010. These rule revisions made volatile 

organic compounds (VOC) emission 

control requirements for filling at 

gasoline dispensing facilities more 

stringent by applying them statewide, 

making the rule applicable to smaller 

tanks and revising the requirements for 

newer submerged fill pipes. These new 

state requirements update the SIP 

consistent with new Federal 

requirements from January 10, 2008 area 

source National Emissions Standards for 

Hazardous Air Pollutants for gasoline 

dispensing facilities. The revisions also 

delete references to compliance dates 

which have passed. The rules are 

approvable because they are consistent 

with the Clean Air Act and EPA 

regulations, and should result in 

additional emission reductions of VOCs 

throughout Indiana. 

DATES: Comments must be received on 

or before May 16, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0545, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Doug Aburano, Chief, Control 

Strategies Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Doug Aburano, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

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Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Proposed Rules 20911 

Regional Office official hours of 

business are Monday through Friday, 

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

Federal holidays. 

Please see the direct final rule which 

is located in the Final Rules section of 

this Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Persoon, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8290, 

persoon.carolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal 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. 

Any parties interested in commenting 

on this action should do so at this time. 

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. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: March 30, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2011–8860 Filed 4–13–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2011–0018; 

MO92210–0–0008–B2] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To List the Prairie Chub as 

Threatened or Endangered 

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 the 

prairie chub (Macrhybopsis australis) as 

threatened or endangered under the 

Endangered Species Act of 1973, as 

amended (Act), and to designate critical 

habitat. The prairie chub is a fish 

endemic to the upper Red River basin in 

Oklahoma and Texas. Based on our 

review, we find that the petition 

presents substantial scientific or 

commercial information indicating that 

listing the prairie chub may be 

warranted. Therefore, with the 

publication of this notice, we are 

initiating a review of the status of the 

species to determine if listing the prairie 

chub is warranted. To ensure that this 

status review is comprehensive, we are 

requesting scientific and commercial 

data and other information regarding 

this species. 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 

13, 2011. Please note that if you are 

using the Federal eRulemaking Portal 

(see ADDRESSES section, below), the 

deadline for submitting an electronic 

comment is 11:59 p.m. Eastern Time on 

this date. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. In the box that 

reads ‘‘Enter Keyword or ID,’’ enter the 

Docket number for this finding, which 

is [Docket No. FWS–R2–ES–2011–0018]. 

Check the box that reads ‘‘Open for 

Comment/Submission,’’ and then click 

the Search button. You should then see 

an icon that reads ‘‘Submit a Comment.’’ 

Please ensure that you have found the 

correct rulemaking before submitting 

your comment. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: [Docket No. 

FWS–R2–ES–2011–0018]; Division of 

Policy and Directives Management; U.S. 

Fish and Wildlife Service; 4401 N. 

Fairfax Drive, MS 2042–PDM; 

Arlington, VA 22203. 

We will post all information we receive 

on http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us 

(see the Request for Information section 

below for more details). 

After June 13, 2011, 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. 

FOR FURTHER INFORMATION CONTACT: 

Dixie Bounds, Field Supervisor, U.S. 

Fish and Wildlife Service, Oklahoma 

Ecological Services Field Office, 9014 

East 21st Street, Tulsa, OK 74129, by 

telephone at 918–581–7458, or by 

facsimile at 918–581–7467. If you use a 

telecommunications device for the deaf 

(TDD), please call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Request for Information 

When we make a finding that a 

petition presents substantial 

information indicating that listing a 

species may be warranted, we are 

required to promptly review the status 

of the species (status review). For the 

status review to be complete and based 

on the best available scientific and 

commercial information, we request 

information on the prairie chub from 

governmental agencies, Native 

American Tribes, the scientific 

community, industry, and any other 

interested parties. We seek information 

on: 

(1) The species’ biology, range, and 

population trends, including: 

(a) Habitat requirements for feeding, 

breeding, and sheltering; 

(b) Genetics and taxonomy; 

(c) Historical and current range, 

including distribution patterns; 

(d) Historical and current population 

levels, and current and projected trends; 

and 

(e) Past and ongoing conservation 

measures for the species, its habitat, or 

both. 

(2) The factors that are the basis for 

making a listing determination for a 

species under section 4(a) of the Act 

(16 U.S.C. 1531 et seq.), which are: 

(a) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range; 

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