Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Proposed Rules 64241 

disapproval action does not include a 

Federal mandate that may result in 

estimated costs of $100 million or more 

to either State, local, or tribal 

governments in the aggregate, or to the 

private sector. This action proposes to 

disapprove pre-existing requirements 

under State or local law, and imposes 

no new requirements. Accordingly, no 

additional costs to State, local, or tribal 

governments, or to the private sector, 

result from this action. 

E. Executive Order 13132, Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (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 action 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, because it 

merely disapproves certain State 

requirements for inclusion into the SIP 

and does not alter the relationship or 

the distribution of power and 

responsibilities established in the Clean 

Air Act. Thus, Executive Order 13132 

does not apply to this action. 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (59 FR 22951, November 9, 

2000), because the SIP EPA is proposing 

to disapprove would not 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. 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 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it is not 

an economically significant regulatory 

action based on health or safety risks 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997). This proposed 

SIP disapproval under section 110 and 

subchapter I, part D of the Clean Air Act 

will not in-and-of itself create any new 

regulations but simply disapproves 

certain State requirements for inclusion 

into the SIP. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule 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, section 12(d) (15 U.S.C. 272 

note) directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs EPA 

to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

The EPA believes that this action is 

not subject to requirements of Section 

12(d) of NTTAA because application of 

those requirements would be 

inconsistent with the Clean Air Act. 

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 lacks the discretionary authority 

to address environmental justice in this 

proposed action. In reviewing SIP 

submissions, EPA’s role is to approve or 

disapprove state choices, based on the 

criteria of the Clean Air Act. 

Accordingly, this action merely 

proposes to disapprove certain State 

requirements for inclusion into the SIP 

under section 110 and subchapter I, part 

D of the Clean Air Act and will not inand-of itself create any new 

requirements. Accordingly, it 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Nitrogen 

oxides, Nonattainment, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

dioxide. 

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

Dated: October 8, 2010. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2010–26259 Filed 10–18–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[Docket: EPA–R10–OAR–2010–0433; FRL– 

9214–8] 

Determination of Attainment for PM10: 

Eagle River PM10 Nonattainment Area, 

Alaska 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposed to determine 

that the Eagle River nonattainment area 

in Alaska attained the National Ambient 

Air Quality Standard for particulate 

matter with an aerodynamic diameter of 

less than or equal to a nominal ten 

micrometers (PM10) as of December 31, 

1994. 

DATES: Comments must be received on 

or before November 18, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2010–0433, by any of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
64242 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Proposed Rules 

• E-mail: vaupel.claudia@epa.gov. 

• Mail: Claudia Vergnani Vaupel, 

U.S. EPA Region 10, Office of Air, Waste 

and Toxics, AWT–107, 1200 Sixth 

Avenue, Suite 900, Seattle, WA 98101 

• Hand Delivery/Courier: U.S. EPA 

Region 10, 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101. Attention: 

Claudia Vergnani Vaupel, Office of Air, 

Waste and Toxics, AWT–107. Such 

deliveries are only accepted during 

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: 

Claudia Vergnani Vaupel at telephone 

number: (206) 553–6121, e-mail address: 

vaupel.claudia@epa.gov, or the above 

EPA, Region 10 address. 

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 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 approval 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: October 7, 2010. 

Dennis J. McLerran, 

Regional Administrator, EPA Region 10. 

[FR Doc. 2010–26257 Filed 10–18–10; 8:45 am] 

BILLING CODE 6560–50–P 


jlentini on DSKJ8SOYB1PROD with PROPOSALS