Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Proposed Rules 24883 

petty officer who has been designated 

by the Captain of the Port to act on his 

behalf. The on-scene representative of 

the Captain of the Port Detroit will be 

aboard either a Coast Guard or Coast 

Guard Auxiliary vessel. The Captain of 

the Port Detroit or his designated on 

scene representative may be contacted 

via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Detroit 

or his on-scene representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

directions given to them by the Captain 

of the Port Detroit or his on-scene 

representative. 

Dated: March 29, 2012. 

J.E. Ogden, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. 2012–10021 Filed 4–25–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0024; FRL–9664–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Removal of Transcontinental Gas Pipe 

Line Corporation Permit From State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Virginia removing 

the operating permit for the 

Transcontinental Gas Pipe Line 

Corporation (Transco) Station 175 from 

the Virginia SIP. 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 action, 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will be withdrawn and all public 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. 

DATES: Comments must be received in 

writing by May 29, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0024 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0024, 

Cristina Fernandez, Associate Director, 

Office of Air Quality Planning, Mailcode 

3AP30, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III 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. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0024. 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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. 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 ww.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 

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 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: 

Marilyn Powers, (215) 814–2308, or by 

email at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register. 

publication. 

Dated: April 12, 2012. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

[FR Doc. 2012–9974 Filed 4–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0266; FRL–9665–4] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions concern oxides of nitrogen 

(NOX) from solid fuel fired boilers, 

steam generators and process heaters. 

We are approving a local rule that 

regulates these emission sources under 

the Clean Air Act as amended in 1990 

(CAA or the Act). We are taking 

comments on this proposal and plan to 

follow with a final action. 

DATES: Any comments must arrive by 

May 29, 2012. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 


emcdonald on DSK29S0YB1PROD with PROPOSALS
24884 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Proposed Rules 

1EPA generally takes action on a RACM 

demonstration as part of our action on the State’s 

attainment demonstration for the relevant NAAQS, 

based on an evaluation of the control measures 

submitted as a whole and their overall potential to 

advance the applicable attainment date in the area. 

See, e.g., 76 FR 69896 (November 9, 2011) (final 

rule partially approving and partially disapproving 

PM2.5 attainment plan for SJV); 77 FR 12652 (March 

1, 2012) (final rule approving 8-hour ozone 

attainment plan for SJV). 

OAR–2012–0266, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Steckel, EPA Region IX, (415) 

947–4115, steckel.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule? 

II. EPA’s Evaluation 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rule 

III. EPA’s Proposed Action 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 identifies the rule addressed 

by this proposal with the date that it 

was adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Amended Submitted 

SJVUAPCD ................................. 4352 Solid Fuel Fired Boilers, Steam Generators and Process Heaters 12/15/11 02/23/12 

On March 13, 2012, EPA determined 

that the submittal for SJVUAPCD Rule 

4352 met the completeness criteria in 40 

CFR Part 51 Appendix V, which must be 

met before formal EPA review. 

B. Are there other versions of this rule? 

We finalized a limited approval and 

limited disapproval of an earlier version 

of Rule 4352 on October 1, 2010 (75 FR 

60623). That action incorporated Rule 

4352 into the California SIP, including 

those provisions identified as deficient. 

C. What is the purpose of the submitted 

rule? 

NOX emissions help produce groundlevel ozone, smog and particulate 

matter, which harm human health and 

the environment. Section 110(a) of the 

CAA requires States to submit 

regulations that control NOX emissions. 

Rule 4352 limits NOX and carbon 

monoxide (CO) emissions from solid 

fuel fired boilers, steam generators and 

process heaters. EPA’s technical support 

document (TSD) has more information 

about this rule. 

II. EPA’s Evaluation 

A. How is EPA evaluating the rule? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), must require Reasonably Available 

Control Technology (RACT) for each 

category of sources covered by a Control 

Techniques Guidelines (CTG) document 

and each major source of NOX or VOC 

emissions in ozone nonattainment areas 

classified as moderate or above (see 

CAA sections 182(b)(2) and 182(f)), and 

must not relax existing requirements 

(see CAA sections 110(l) and 193). 

Section 172(c)(1) of the Act also requires 

implementation of all reasonably 

available control measures (RACM) as 

expeditiously as practicable in 

nonattainment areas. 

Because the San Joaquin Valley (SJV) 

area is designated nonattainment for the 

1997 and 2006 fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS) and for the 1-hour 

and 8-hour ozone NAAQS (see 40 CFR 

81.305), the RACM requirement in CAA 

section 172(c)(1) applies to this area.1 In 

addition, because SJV is classified as 

‘‘extreme’’ nonattainment for the 1-hour 

and 8-hour ozone NAAQS (see 40 CFR 

81.305), the specific RACT requirement 

in CAA sections 182(b)(2) and (f) 

applies to all major sources of NOX or 

VOC in the SJV area. We are evaluating 

Rule 4352 for compliance with the NOX

RACT requirement in CAA section 182 

because the rule applies to major NOX

emission sources. 

Guidance and policy documents that 

we use to evaluate enforceability and 

RACT requirements consistently 

include the following: 

1. ‘‘State Implementation Plans; 

General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990,’’ 57 FR 

13498 (April 16, 1992) (the General 

Preamble) and 57 FR 18070 (April 28, 

1992) (Appendices). 

2. ‘‘State Implementation Plans; 

Nitrogen Oxides Supplement to the 

General Preamble; Clean Air Act 

Amendments of 1990 Implementation of 

Title I; Proposed Rule,’’ 57 FR 55620, 

November 25, 1992 (the NOX

Supplement). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook). 


emcdonald on DSK29S0YB1PROD with PROPOSALS
Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Proposed Rules 24885 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

4. ‘‘Determination of Reasonably 

Available Control Technology and Best 

Available Retrofit Control Technology 

for Industrial, Institutional, and 

Commercial Boilers, Steam Generators, 

and Process Heaters,’’ CARB, July 18, 

1991. 

5. ‘‘Alternative Control Techniques 

Document—NOX Emissions from 

Industrial/Commercial/Institutional 

(ICI) Boilers,’’ US EPA 453/R–94–022, 

March 1994. 

6. ‘‘Alternative Control Techniques 

Document— NOX Emissions from 

Utility Boilers,’’ US EPA 452/R–93–008, 

March 1994. 

B. Does the rule meet the evaluation 

criteria? 

We believe this rule is consistent with 

the relevant policy and guidance 

regarding enforceability, RACT, and SIP 

relaxations. The TSD has more 

information on our evaluation. 

On January 10, 2012, EPA partially 

approved and partially disapproved the 

RACT SIP submitted by California on 

June 18, 2009 for the SJV extreme ozone 

nonattainment area (2009 RACT SIP), 

based in part on our conclusion that the 

State had not fully satisfied CAA section 

182 RACT requirements for solid fuel 

fired boiler operations. See 77 FR 1417, 

1425 (January 10, 2012). Final approval 

of Rule 4352 would satisfy California’s 

obligation to implement RACT under 

CAA section 182 for this source category 

for the 1-hour ozone and 1997 8-hour 

ozone NAAQS and thereby terminate 

both the sanctions clocks and the 

Federal Implementation Plan (FIP) clock 

associated with this rule. 

C. EPA Recommendations To Further 

Improve the Rule 

The TSD describes additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rule. 

III. EPA’s Proposed Action 

Because EPA believes the submitted 

rule fulfills all applicable requirements 

and corrects all deficiencies identified 

in our October 1, 2010 action, we are 

proposing to fully approve it under 

section 110(k)(3) of the Act. We will 

accept comments from the public on 

this proposal for the next 30 days. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air Act. 

Accordingly, this proposed action 

merely proposes to approve State law as 

meeting Federal requirements and 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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed action 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: April 13, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–10076 Filed 4–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 105, 171, 172, 173, 177, 

178, and 180 

[Docket No. PHMSA–2011–0138 (HM–218G)] 

RIN 2137–AE78 

Hazardous Materials; Miscellaneous 

Amendments (RRR) 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: PHMSA proposes to make 

miscellaneous amendments to the 

Hazardous Materials Regulations to 

update and clarify certain regulatory 

requirements. These proposed 

amendments are designed to promote 

safer transportation practices; eliminate 

unnecessary regulatory requirements; 

address a petition for rulemaking; 

incorporate a special permit into the 

Hazardous Materials Regulations; 

facilitate international commerce; and 

simplify the regulations. Among other 

provisions, PHMSA is proposing to 

update various entries in the Hazardous 

Materials Table and corresponding 

special provisions, clarify the lab pack 

requirements for temperature-controlled 

materials, and revise the training 

requirements to require that a hazardous 

material employer must make hazardous 

materials employee training records 

available upon request to an authorized 

official of the Department of 

Transportation (DOT) or the Department 

of Homeland Security (DHS). 

DATES: Comments must be received by 

June 25, 2012. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Dockets Management System; 

U.S. Department of Transportation, 

Dockets Operations, M–30, Ground 


emcdonald on DSK29S0YB1PROD with PROPOSALS