Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 82365 

for determining the VOC concentration 

of the exhaust stream and the VOC 

content of the fountain solution and 

cleaning solution. This rule includes 

methods to determine the vapor 

pressure of the cleaning solution. The 

rule also includes monitoring and 

recordkeeping requirements to ensure 

that the control systems are operating 

properly, to establish whether the VOC 

content of the cleaning solution and 

fountain solution are in compliance 

with the applicable limits, and to 

establish whether an offset lithographic 

or letterpress printing facility is subject 

to one or more of the control 

requirements of the rule. This rule is 

consistent with the VOC control 

requirements in the September 2006 

EPA guidance document ‘‘Control 

Techniques Guidelines for Offset 

Lithographic Printing and Letterpress 

Printing.’’ The Control Technique 

Guideline documents were required to 

be established by the CAA and establish 

RACT for their respective source 

categories. In addition, the 

recordkeeping and other provisions 

result in enforceable control 

requirements. 

Discussion of Rule Revisions 

The rule at 3745–21–22(E)(2)(a) 

specifies compliance dates for offset 

lithographic or letterpress printing 

facilities that are achieving compliance 

by using an add-on control device. 

These facilities are allowed to 

demonstrate compliance with an 

emission test conducted prior to the 

effective date of the rule if an approved 

EPA test method was used, the 

operation of the press(es) was consistent 

with their current operating conditions 

and, if requested, the test was witnessed 

by the Ohio EPA. This is a reasonable 

alternative which allows a printing 

facility to take advantage of a well 

documented test to demonstrate 

compliance and is therefore approvable. 

The rule at 3745–21–22(G)(3) 

specifies recordkeeping requirements 

for owners or operators maintaining a 

recipe log for each batch of fountain 

solution prepared for use in their press. 

This recipe log must identify all recipes 

used to prepare the as-applied fountain 

solution and clearly identify the VOC 

content of each concentrated alcohol 

substitute added to make the fountain 

solution as well as the proportions in 

which the fountain solution is mixed 

and the calculated VOC content of the 

final, mixed recipe. 

The rule at 3745–21–22(G)(4) 

specifies recordkeeping requirements 

for owners or operators maintaining a 

recipe log for each batch of cleaning 

solution prepared. This recipe log must 

identify all recipes used to prepare the 

as-applied cleaning solution and clearly 

identify the VOC content of each 

cleaning solution or the VOC composite 

partial vapor pressure. The revisions to 

the recordkeeping requirements in 

3745–21–22(G)(3) and 3745–21–22(G)(4) 

are approvable because the resulting 

records are sufficient to determine 

whether complying fountain and 

cleaning solutions have been used. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR Part 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 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 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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: December 17, 2010. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2010–32928 Filed 12–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2010–1033; FRL–9244–8] 

RIN–2060–AQ66 

Determinations Concerning Need for 

Error Correction, Partial Approval and 

Partial Disapproval, and Federal 

Implementation Plan Regarding Texas 

Prevention of Significant Deterioration 

Program; Proposed Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to correct its 

previous full approval of Texas’s Clean 

Air Act (CAA) Prevention of Significant 

Deterioration (PSD) program to be a 

partial approval and partial disapproval 

and is proposing a Federal 

Implementation Plan (FIP) for Texas. 

This action is based on EPA’s 

determination that Texas’s PSD program 

is flawed because the state did not 

address how the program would apply 

to all pollutants that would become 

newly subject to regulation in the 

future, including non-National Ambient 

Air Quality Standard (NAAQS) 

pollutants, among them greenhouse 

gases (GHGs). The partial disapproval 

requires EPA to promulgate a FIP and so 

EPA is also proposing a FIP in order to 

assure that GHG-emitting sources in 

Texas are able to proceed with plans to 

construct or expand. In the ‘‘Rules’’ 

section of this Federal Register, we are 

taking this action including the FIP 


srobinson on DSKHWCL6B1PROD with PROPOSALS
82366 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 

1 ‘‘Prevention of Significant Deterioration and 

Title V Greenhouse Gas Tailoring Rule;’’ Final Rule. 

75 FR 31514 (June 3, 2010). 

through an interim final rule that is 

effective immediately. 

DATES: Comments. Comments must be 

received on or before February 12, 2011. 

Public Hearing: A public hearing will 

be held on January 14, 2011. Please refer 

to SUPPLEMENTARY INFORMATION for 

additional information on the comment 

period and public hearing. 

ADDRESSES: Comments. Submit your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2010–1033, by one of 

the following methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: Attention Docket ID No. EPA– 

HQ–OAR–2010–1033, U.S. 

Environmental Protection Agency, EPA 

West (Air Docket), 1200 Pennsylvania 

Avenue, NW., Mail code: 6102T, 

Washington, DC 20460. Please include a 

total of 2 copies. 

• Hand Delivery: U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), 1301 Constitution Avenue, 

Northwest, Room 3334, Washington, DC 

20004, Attention Docket ID No. EPA– 

HQ–OAR–2010–1033. 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–HQ–OAR–2010– 

1033. 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, avoid any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

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 U.S. Environmental Protection 

Agency, Air Docket, EPA/DC, EPA West 

Building, Room 3334, 1301 Constitution 

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

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

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 Air Docket is (202) 566– 

1742. 

Public Hearing. The January 14, 2011, 

public hearing will be held at Crowne 

Plaza Hotel Dallas Downtown, 1015 Elm 

Street, Dallas, Texas, phone: (214) 742– 

5678. The public hearing will convene 

at 10 a.m. and will end at 7 p.m. or until 

the last registered speaker has spoken. 

Please refer to SUPPLEMENTARY

INFORMATION for additional information 

on the public hearing. 

FOR FURTHER INFORMATION CONTACT: For 

information on this proposed rule, 

contact Ms. Cheryl Vetter, Air Quality 

Policy Division, Office of Air Quality 

Planning and Standards (C504–03), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

telephone number: (919) 541–4391; fax 

number: (919) 541–5509; e-mail 

address: vetter.cheryl@mailto:epa.gov. 

If you would like to present oral 

testimony at the public hearing, please 

contact Ms. Pamela Long, U.S. 

Environmental Protection Agency, 

Office of Air Quality Planning and 

Standards, Air Quality Planning 

Division, (C504–03), Research Triangle 

Park, NC 27711, telephone (919) 541– 

0641, fax number (919) 541–5509, email address: long.pam@epa.gov 

(preferred method for registering), no 

later than January 12, 2011. If using email, please provide the following 

information: Time you wish to speak 

(morning, afternoon, evening), name, 

affiliation, address, e-mail address, and 

telephone and fax numbers. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

The only governmental entity 

potentially affected by this rule is the 

State of Texas. Other entities potentially 

affected by this rule also include 

sources in all industry groups within 

the State of Texas, which have a direct 

obligation under the CAA to obtain a 

PSD permit for GHGs for projects that 

meet the applicability thresholds set 

forth in the Tailoring Rule.1 This 

independent obligation on sources is 

specific to PSD and derives from CAA 

section 165(a). The majority of entities 

potentially affected by this action are 

expected to be in the following groups: 

Industry group NAICSa

Utilities (electric, natural gas, other systems) ....................................................................................................... 2211, 2212, 2213 

Manufacturing (food, beverages, tobacco, textiles, leather) ................................................................................. 311, 312, 313, 314, 315, 316 

Wood product, paper manufacturing ..................................................................................................................... 321, 322 

Petroleum and coal products manufacturing ......................................................................................................... 32411, 32412, 32419 

Chemical manufacturing ........................................................................................................................................ 3251, 3252, 3253, 3254, 3255, 

3256, 3259 

Rubber product manufacturing .............................................................................................................................. 3261, 3262 

Miscellaneous chemical products .......................................................................................................................... 32552, 32592, 32591, 325182, 

32551 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 82367 

Industry group NAICSa

Nonmetallic mineral product manufacturing .......................................................................................................... 3271, 3272, 3273, 3274, 3279 

Primary and fabricated metal manufacturing ........................................................................................................ 3311, 3312, 3313, 3314, 3315, 

3321, 3322, 3323, 3324, 3325, 

3326, 3327, 3328, 3329 

Machinery manufacturing ...................................................................................................................................... 3331, 3332, 3333, 3334, 3335, 

3336, 3339 

Computer and electronic products manufacturing ................................................................................................ 3341, 3342, 3343, 3344, 3345, 

4446 

Electrical equipment, appliance, and component manufacturing .......................................................................... 3351, 3352, 3353, 3359 

Transportation equipment manufacturing .............................................................................................................. 3361, 3362, 3363, 3364, 3365, 

3366, 3366, 3369 

Furniture and related product manufacturing ........................................................................................................ 3371, 3372, 3379 

Miscellaneous manufacturing ................................................................................................................................ 3391, 3399 

Waste management and remediation ................................................................................................................... 5622, 5629 

Hospitals/nursing and residential care facilities .................................................................................................... 6221, 6231, 6232, 6233, 6239 

Personal and laundry services .............................................................................................................................. 8122, 8123 

Residential/private households .............................................................................................................................. 8141 

Non-residential (commercial) ................................................................................................................................. Not available. Codes only exist 

for private households, construction and leasing/sales industries. 

a North American Industry Classification System. 

B. Where can I get a copy of this 

document and other related 

information? 

In addition to being available in the 

docket, an electronic copy of this 

proposal will also be available on the 

World Wide Web. Following signature 

by the EPA Administrator, a copy of this 

notice will be posted on the EPA’s NSR 

Web site, under Regulations & 

Standards, at http://www.epa.gov/nsr. 

C. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http:// 

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

information identified as CBI only to the 

following address: Roberto Morales, 

OAQPS Document Control Officer 

(C404–02), U.S. EPA, Research Triangle 

Park, NC 27711, Attention Docket ID 

No. EPA–HQ–OAR–2010–1033. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

D. What information should I be aware 

of if I plan to attend the public hearing? 

The January 14, 2011, public hearing 

will provide interested parties the 

opportunity to present data, views, or 

arguments concerning this proposal. 

The EPA may ask clarifying questions 

during the oral presentations, but will 

not respond to the presentations at that 

time. Written statements and supporting 

information submitted during the 

comment period will be considered 

with the same weight as oral comments 

and supporting information presented at 

the public hearing. Written comments 

on the proposed rule must be 

postmarked by February 12, 2011, 30 

days after the January 14, 2011 hearing. 

Commenters should notify Ms. Long if 

they will need specific equipment, or if 

there are other special needs related to 

providing comments at the hearing. The 

EPA will provide equipment for 

commenters to show overhead slides or 

make computerized slide presentations 

if we receive special requests in 

advance. Oral testimony will be limited 

to 5 minutes for each commenter. The 

EPA encourages commenters to provide 

EPA with a copy of their oral testimony 

electronically (via e-mail or CD) or in 

hard copy form. The hearing schedule, 

including lists of speakers, will be 

posted on EPA’s Web site http:// 

www.epa.gov/nsr. Verbatim transcripts 

of the hearing and written statements 

will be included in the docket for the 

rulemaking. EPA will make every effort 

to follow the schedule as closely as 

possible on the day of the hearing; 

however, please plan for the hearing to 

run either ahead of schedule or behind 

schedule. 

D. How is the preamble organized? 

The information presented in this 

preamble is organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. Where can I get a copy of this document 

and other related information? 

C. What should I consider as I prepare my 

comments for EPA? 

D. How is the preamble organized? 

II. Proposed Action 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866—Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform 


srobinson on DSKHWCL6B1PROD with PROPOSALS
82368 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 

2 ‘‘Endangerment and Cause or Contribute 

Findings for Greenhouse Gases Under Section 

202(a) of the Clean Air Act.’’ 74 FR 66,496 

(December 15, 2009). 

3 ‘‘Light-Duty Vehicle Greenhouse Gas Emission 

Standards and Corporate Average Fuel Economy 

Standards; Final Rule.’’ 75 FR 25,324 (May 7, 2010). 

4 ‘‘Interpretation of Regulations that Determine 

Pollutants Covered by Clean Air Act Permitting 

Programs.’’ 75 FR 17004 (April 2, 2010). This action 

finalizes EPA’s response to a petition for 

reconsideration of ‘‘EPA’s Interpretation of 

Regulations that Determine Pollutants Covered by 

Federal Prevention of Significant Deterioration 

(PSD) Permit Program’’ (commonly referred to as the 

‘‘Johnson Memo’’), December 18, 2008. 

5 ‘‘Prevention of Significant Deterioration and 

Title V Greenhouse Gas Tailoring Rule; Final Rule.’’ 

75 FR 31514 (June 3, 2010). 

6 67 FR 80186 (Dec. 31, 2002); 45 FR 52676 (Aug. 

7, 1980); 43 FR 26380 (June 19, 1978); and 43 FR 

26388 (June 19, 1978). 

E. Executive Order 13132—Federalism 

F. Executive Order 13175—Consultation 

and Coordination with Indian Tribal 

Governments 

G. Executive Order 13045—Protection of 

Children from Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211—Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898—Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. CAA Section 307(d) 

IV. Statutory Authority 

II. Proposed Action 

We have published an interim final 

rule in the ‘‘Rules’’ section of this 

Federal Register to revise our previous 

full approval of Texas’s PSD state 

implementation plan (SIP) to a partial 

approval and partial disapproval (the 

‘‘Interim Final Rule’’), and to implement 

a FIP to apply the PSD program to those 

non-NAAQS pollutants to which the 

Texas PSD program does not already 

apply. We have explained our reasons 

for this action in the preamble to that 

rule. The reader is referred to the 

Interim Final Rule for detailed 

information on this proposed action. 

We solicit comment on all aspects of 

the rationale and legal basis for our 

determination that the Texas PSD 

program was flawed at the time we 

approved and therefore that we erred in 

approving it; and our approach to 

correcting our error, i.e., converting our 

previous full approval of the Texas PSD 

SIP to a partial approval and partial 

disapproval using the error correction 

mechanism under CAA section 

110(k)(6). This includes our finding that 

the Texas PSD SIP’s failure to address, 

or provide assurances of having 

adequate legal authority, concerning the 

application of PSD to all pollutants 

newly subject to regulation, including 

non-NAAQS pollutants, constitutes a 

flaw that existed at the time that EPA 

granted full approval of that program in 

1992. This also includes our legal 

authority and approach for correcting 

our error in previously granting full 

approval of the Texas PSD SIP, 

including relying on the error correction 

provisions under CAA section 110(k)(6) 

and our general authority to reconsider 

our actions under CAA sections 110 and 

301(a). We also solicit comment on our 

justification for proceeding with this 

rulemaking, including promulgating and 

implementing the FIP, as soon as 

possible in order to provide a permitting 

authority and thereby allow Texas 

sources to avoid delays in construction 

and modification. Finally, EPA 

specifically requests comments on the 

regulatory language included in the 

interim final rule. We are not soliciting 

comment on, and will not address, 

comments on issues addressed in what 

we call the Endangerment Finding,2 the 

Light-Duty Vehicle Rule,3 the Johnson 

Memo Reconsideration4 and the 

Tailoring Rule,5 or the 1978, 1980, or 

2002 PSD rules.6 These issues include, 

but are not limited to, (i) EPA’s 

interpretation of the CAA as directly 

applying PSD requirements to major 

emitting facilities independent of any 

SIP requirements, and (ii) the 

applicability of PSD to non-NAAQS 

pollutants. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866—Regulatory 

Planning and Review 

Under Executive Order (EO) 12866 

(58 FR 51735, October 4, 1993), this 

action is a ‘‘significant regulatory action’’ 

because it raises novel legal or policy 

issues. Accordingly, EPA submitted this 

action to the Office of Management and 

Budget (OMB) for review under EO 

12866 and any changes made in 

response to OMB recommendations 

have been documented in the docket for 

this action. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. The 

OMB has previously approved the 

information collection requirements 

contained in the existing regulations for 

PSD (see, e.g., 40 CFR 52.21) under the 

provisions of the Paperwork Reduction 

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

assigned OMB control number 2060– 

0003. 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 impacts 

of this notice on small entities, small 

entity is defined as: (1) A small business 

that is a small industrial entity as 

defined in the U.S. Small Business 

Administration (SBA) size standards 

(see 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; or (3) a 

small organization that is any not-forprofit enterprise that is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts 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. 

Although this rule could lead to federal 

permitting requirements for certain 

sources in Texas, those sources are large 

emitters of GHGs and tend to be large 

sources. We continue to be interested in 

the potential impacts of the proposed 

rule on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This 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. 

The action may impose a duty on Texas 

to meet their existing obligation for PSD 

SIP submittal, but with lesser 

expenditures. Thus, this proposed rule 

is not subject to the requirements of 

sections 202 or 205 of UMRA. 

This rule is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

action applies only to Texas. 

E. Executive Order 13132—Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on Texas, on the 

relationship between the national 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 82369 

government and Texas, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. With this 

action, EPA is only proposing to revise 

its previous full approval of the Texas 

PSD SIP to be a partial approval and 

partial disapproval to correct an error 

made in granting full approval, and to 

put a FIP in place in order to assure that 

GHG-emitting sources in Texas are able 

to proceed with plans to construct or 

expand until Texas revises its SIP. Thus, 

Executive Order 13132 does not apply 

to this action. 

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 rule from state and local 

officials. 

F. Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). In this action, EPA is not 

addressing any tribal implementation 

plans. This action is limited to Texas’s 

PSD SIP. Thus, Executive Order 13175 

does not apply to this action. 

Although Executive Order 13175 does 

not apply to this proposed rule, EPA 

specifically solicits additional comment 

on this proposed action from tribal 

officials. 

G. Executive Order 13045—Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets EO 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 EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because EPA is only 

proposing to revise its previous full 

approval of the Texas PSD SIP to be a 

partial approval and partial disapproval 

to correct an error made in granting full 

approval, and to put a FIP in place in 

order to assure that GHG-emitting 

sources in Texas are able to proceed 

with plans to construct or expand. 

H. Executive Order 13211—Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211 (66 FR 28355(May 22, 2001)), 

because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. With this 

action, EPA is only proposing to revise 

its previous full approval of the Texas 

PSD SIP to be a partial approval and 

partial disapproval to correct an error 

made in granting full approval, and to 

put a FIP in place in order to assure that 

GHG-emitting sources in Texas are able 

to proceed with plans to construct or 

expand. 

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, 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. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898—Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 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 U.S. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. With this action, EPA 

is only proposing to revise its previous 

full approval of the Texas PSD SIP to be 

a partial approval and partial 

disapproval to correct an error made in 

granting full approval. 

K. CAA section 307(d)(1) 

Pursuant to section 307(d)(1)(B) and 

(V) of the CAA, the Administrator 

determines that this action is subject to 

the provisions of section 307(d). Section 

307(d)(1)(B) provides that the provisions 

of section 307(d) apply to the 

promulgation or a FIP by the 

Administrator under CAA section 110(c) 

and section 307(d)(1)(V) provides that 

the provisions of section 307(d) apply to 

‘‘such other actions as the Administrator 

may determine.’’ 

IV. Statutory Authority 

The statutory authority for this action 

is provided by sections 101, 110, 114, 

116, and 301 of the CAA as amended 

(42 U.S.C. 7401, 7410, 7414, 7416, and 

7601). 

List of Subjects in 40 CFR Part 52 

Air pollution control, Carbon dioxide, 

Carbon dioxide equivalents, Carbon 

monoxide, Environmental protection, 

Greenhouse gases, Hydrofluorocarbons, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Methane, Nitrogen dioxide, Nitrous 

oxide, Ozone, Particulate matter, 

Perfluorocarbons, Reporting and 

recordkeeping requirements, Sulfur 

hexafluoride, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 23, 2010. 

Lisa P. Jackson, 

Administrator. 

For the reasons set out in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is proposed to be 

amended as follows: 

PART 52—[AMENDED] 

1. The authority citation for part 52 

continues to read as follows: 

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

2. Section 52.2305 is added to read as 

follows: 

§ 52.2305 What are the requirements of the 

Federal Implementation Plan (FIP) to issue 

permits under the Prevention of Significant 

Deterioration requirements to sources that 

emit greenhouse gases? 

(a) The requirements of sections 160 

through 165 of the Clean Air Act are not 

met to the extent the plan, as approved, 

for Texas does not apply with respect to 

emissions of the pollutant GHGs from 

certain stationary sources. Therefore, 

the provisions of § 52.21 except 

paragraph (a)(1) are hereby made a part 

of the plan for Texas for: 

(1) Beginning on [THE EFFECTIVE 

DATE OF THE FINAL RULE], the 

pollutant GHGs from stationary sources 

described in § 52.21(b)(49)(iv), and 


srobinson on DSKHWCL6B1PROD with PROPOSALS
82370 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 

(2) Beginning July 1, 2011, in addition 

to the pollutant GHGs from sources 

described under paragraph (a)(1) of this 

section, stationary sources described in 

§ 52.21(b)(49)(v). 

(b) For purposes of this section, the 

‘‘pollutant GHGs’’ refers to the pollutant 

GHGs, as described in § 52.21(b)(49)(i). 

(c) In addition, the United States 

Environmental Protection Agency shall 

take such action as is appropriate to 

assure the application of PSD 

requirements to sources in Texas for any 

other pollutants that become subject to 

regulation under the federal Clean Air 

Act for the first time after January 2, 

2011. 

[FR Doc. 2010–32785 Filed 12–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R04–OAR–2010–0392(b); FRL–9246– 

5] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; State of Florida; Control of 

Large Municipal Waste Combustor 

(LMWC) Emissions From Existing 

Facilities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of 

administrative change. 

SUMMARY: EPA is proposing to approve 

the Clean Air Act (CAA) section 111(d)/ 

129 State Plan submitted by the Florida 

Department of Environmental Protection 

(FDEP) for the State of Florida on July 

12, 2007, for implementing and 

enforcing the Emissions Guidelines 

(EGs) applicable to existing Large 

Municipal Waste Combustors (LMWCs). 

These EGs apply to municipal waste 

combustors with a capacity to combust 

more than 250 tons per day of 

municipal solid waste (MSW). See 40 

CFR part 60, subpart Cb. In the Final 

Rules section of this Federal Register, 

EPA is approving the State’s 111(d)/129 

plan revision submittal as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. 

DATES: Comments must be received in 

writing by January 31, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R04–OAR–2010–0392 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: garver.daniel@epa.gov. 

3. Fax: (404) 562–9095. 

4. Mail: EPA–R04 OAR–2010–0392, 

Daniel Garver, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW., Atlanta, Georgia 30303. 

5. Hand Delivery or Courier: Mr. 

Daniel Garver, Air Toxics Assessment 

and Implementation Section, Air Toxics 

and Monitoring Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW, 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s 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 Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Garver, Air Toxics and 

Monitoring Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9839. 

Mr. Garver can also be reached via 

electronic mail at 

garver.daniel@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules Section of this Federal Register. 

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 on this 

document. Any parties interested in 

commenting on this document should 

do so at this time. 

Dated: November 8, 2010. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–32973 Filed 12–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 223 and 224 

RIN 0648–XJ00 and RIN 0648–XN50 

Endangered and Threatened Wildlife 

and Plants; Proposed Listing 

Determinations for Five Distinct 

Population Segments of Atlantic 

Sturgeon; Extension of Public 

Comment Period 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; extension of 

public comment period. 

SUMMARY: NMFS hereby extends the 

comment period on the proposed listing 

of five distinct population segments 

(DPSs) of Atlantic sturgeon as 

endangered or threatened until February 

3, 2011. The five DPSs were proposed 

for listing in two separate proposed 

listing determinations, published on 

October 6, 2010. 

DATES: Comments and information 

regarding the proposed rules published 

October 6, 2010 (75 FR 61872; 75 FR 

61904) must be received by February 3, 

2011. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–XJ00 or RIN 

0648–XN50, by any of the following 

methods: 

• Federal eRulemaking Portal: http// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: To the attention of Lynn 

Lankshear at (978) 281–9394 for RIN 

0648–XJ00, or to Kelly Shotts at (727) 

824–5309 for RIN 0648–XN50. 

• Mail or hand-delivery: For RIN 

0648–XJ00, submit written comments to 

the Assistant Regional Administrator for 

Protected Resources, NMFS, Northeast 

Regional Office, 55 Great Republic 

Drive, Gloucester, MA 01930. For RIN 

0648–XN50, submit written comments 

to the Assistant Regional Administrator 

for Protected Resources, NMFS, 

Southeast Regional Office, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 


srobinson on DSKHWCL6B1PROD with PROPOSALS