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 PM10 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 (PM10). 

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 


wreier-aviles on DSK7SPTVN1PROD with 
Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Proposed Rules 925 

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 


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