### 924 Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Proposed Rules

III. 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, Particulate matter, Reporting and recordkeeping requirements.

Authority: 42 U.S.C. 7401 et seq.
Dated: December 17, 2012. Jared Blumenfeld, Regional Administrator, Region IX.
[FR Doc. 2012–31729 Filed 1–4–13; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Parts 52 and 81**

**[Docket No. EPA–R10–OAR–2010–0914; FRL–9764–6]** 

**Approval and Promulgation of Air Quality Implementation Plans; Alaska:**  **Eagle River PM** 10 **Nonattainment Area Limited Maintenance Plan and**  **Redesignation Request**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA is proposing to approve the Limited Maintenance Plan (LMP) submitted by the State of Alaska on September 29, 2010, for the Eagle River nonattainment area (Eagle River NAA) and the State’s request to redesignate the area to attainment for the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM 10). EPA is proposing to approve the State’s request because it meets Clean Air Act (CAA) requirements for redesignation. EPA has also published, at the same time, a direct final rule of the same title because EPA views this as a noncontroversial SIP revision and anticipates no adverse comments. Any parties interested in commenting on this action should do so at this time. If EPA receives adverse comments, EPA will withdraw the direct final rule and will then address all public comments in a subsequent final rule based on this proposed rule.

**DATES :**  Comments must be received on or before February 6, 2013.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–R10– OAR–2010–0914, by any of the following methods:

• www.regulations.gov: Follow the on-line instructions for submitting
comments. • Email: R10- Public

_Comments@epa.gov.

• Mail: Justin A. Spenillo, EPA Region 10, Office of Air, Waste and Toxics (AWT–107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.

• Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101. Attention: Justin A. Spenillo, 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.

Instructions: Direct your comments to Docket ID No. EPA–R10–OAR–2010– 0914. 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 the disclosure of which 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 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 www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information the disclosure of which 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. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy


### 925 Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Proposed Rules

during normal business hours at the Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101.

**FOR FURTHER INFORMATION CONTACT :**  Justin A. Spenillo at (206) 553–6125, spenillo.justin@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 State’s SIP revision as a direct final rule without prior proposal because EPA views this as a noncontroversial SIP revision 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: December 17, 2012. Dennis J. McLerran, Regional Administrator, Region 10.
[FR Doc. 2012–31433 Filed 1–4–13; 8:45 am]

**BILLING CODE P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Part 81**

**[EPA–HQ–OAR–2008–0476; FRL– 9767–9]**

**Air Quality Designations for the 2008 Ozone National Ambient Air Quality**  **Standards: Notice of Actions Denying Petitions for Reconsideration and Stay**  **Requests**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice of actions denying petitions for reconsideration and stay requests.

**SUMMARY :**  The EPA is providing notice that it has responded to petitions for reconsideration of rules published in the Federal Register on May 21, 2012, and June 11, 2012, that together promulgated the initial air quality designations for the 2008 ozone national ambient air quality standards for all areas in the United States. The rules are titled, ‘‘Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards,’’ and ‘‘Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards for Several Counties in Illinois, Indiana, and Wisconsin; Corrections to Inadvertent Errors in Prior Designations.’’ Subsequent to publishing the rules, during the time period from June through October 2012, the EPA received numerous petitions requesting that the EPA reconsider its designation decisions for certain areas. The EPA carefully considered the petitions and supporting information, along with information contained in the rulemaking docket, in reaching decisions on the petitions. The EPA denied all the petitions for reconsideration in separate letters to the petitioners dated December 14, 2012. The letters explain the EPA’s reasons for the denials. Four petitioners also requested that the EPA stay the effectiveness of the designation rule as it applies for a particular area, pending reconsideration. Because the EPA denied the reconsideration requests, the EPA also denied the stay requests.

**FOR FURTHER INFORMATION CONTACT :**  Carla Oldham, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C539–04, Research Triangle Park, N.C. 27711, phone number (919) 541– 3347 or by email at: oldham.carla@epa.gov.

**SUPPLEMENTARY INFORMATION :**  I. Where can I get copies of this document and other related information?

This Federal Register notice, the petitions for reconsideration, and the response letters to the petitioners are available in the docket that the EPA established for the rulemakings to promulgate the air quality designations for the 2008 ozone standards under Docket ID NO. EPA–HQ–OAR–2008– 0476. The table below identifies the Petitioners, the dates the EPA received the Petitions, the document identification number of the Petitions, the date of the EPA’s responses, and the document identification number for the EPA’s responses.

Petitioners Dates of petitions to the EPA Petition: Document No.

in docket Date of the EPA response The EPA response: Document No.

in docket

**Atlanta, GA Nonattainment Area**

Georgia Environmental Protection

Division. July 20, 2012 ................................. 0695 December 14, 2012 ....................... 0726

**Charlotte, NC-SC Nonattainment Area**

South Carolina Department of

Health and Environmental Control. July 20, 2012 ................................. 0698 December 14, 2012 ....................... 0727

US Senators Graham and DeMint

and US Congressman Mulvaney from SC. July 19, 2012 ................................. 0699 December 14, 2012 ....................... 0722

York County, SC ............................. July 24, 2012 ................................. 0700 December 14, 2012 ...............

........ 0721

**Knoxville, TN Nonattainment Area**

Anderson, Blount, and Knox Counties, TN. July 20, 2012 and October 16, 2012. 0696 December 14, 2012 ....................... 0717