Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Proposed Rules 52277 

BILLING CODE 6355–01–C 

Dated: August 23, 2012. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2012–21169 Filed 8–28–12; 8:45 am] 

BILLING CODE 6355–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0513; FRL–9721–3] 

Approval of Air Quality Implementation 

Plans; California; South Coast Air 

Quality Management District; 

Prevention of Significant Deterioration; 

Greenhouse Gases 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing approval of 

a permitting rule submitted for the 

South Coast Air Quality Management 

District (District) portion of the 

California State Implementation Plan 

(SIP). The State is required under Part 

C of title I of the Clean Air Act (CAA 

or Act) to adopt and implement a SIPapproved Prevention of Significant 

Deterioration (PSD) permit program. 

This SIP revision proposes to 

incorporate District Rule 1714— 

Prevention of Significant Deterioration 

for Greenhouse Gases, into the SIP to 

establish a PSD permit program for preconstruction review of certain new and 

modified major stationary sources that 

emit or may emit greenhouse gases 

(GHGs). Because the State does not 

currently have a SIP-approved PSD 

program within the District, the District 

will continue to be subject to the 

Federal Implementation Program (FIP) 

for pollutants other than GHGs that are 

also subject to the PSD program. 

Currently, the District issues PSD 

permits according to the FIP through a 

delegation agreement with EPA. We are 

soliciting public comments on this 

proposal and plan to follow with a final 

action after consideration of comments 

received. 

DATES: Any comments must be 

submitted no later than September 28, 

2012. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0513, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: R9airpermits@epa.gov. 

3. Mail or deliver: Gerardo Rios (Air3), 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 the disclosure of 

which is restricted by statute. 

Information that you consider to be 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 


srobinson on DSK4SPTVN1PROD with PROPOSALSEP29AU12.029</GPH>
52278 Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Proposed Rules 

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: The index to the docket for 

this action is 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 in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), 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 

below. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Beckham, Permits Office (AIR–3), U.S. 

Environmental Protection Agency, 

Region IX, (415) 972–3811, 

beckham.lisa@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 and Action 

A. How is EPA evaluating this rule? 

B. Does the rule meet the evaluation 

criteria? 

C. Public comment and proposed action. 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule on which we are 

proposing action along with the dates 

on which it was adopted by the District 

and submitted to EPA by the California 

Air Resources Board (CARB). 

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted 

SCAQMD .......... 1714 Prevention of Significant Deterioration for Greenhouse Gases ................... 11/5/2010 12/30/2010 

CAA section 110(k)(1)(B) requires 

EPA to determine whether a SIP 

submittal is complete within 60 days of 

receipt. The December 30, 2010 SIP 

submittal package was considered 

complete on March 22, 2011 according 

to the criteria in Appendix V to 40 CFR 

Part 51. 

B. Are there other versions of this rule? 

There are no previous versions of 

Rule 1714 in the California SIP. The 

District originally adopted Rule 1714 on 

November 5, 2010 and it has not been 

revised since that date. 

C. What is the purpose of the submitted 

rule? 

Section 110(a) of the CAA requires 

states to adopt and submit regulations 

for the implementation, maintenance 

and enforcement of the primary and 

secondary NAAQS. Specifically, section 

110(a)(2)(J) requires the state’s plan to 

meet the applicable requirements of 

section 165 relating to a preconstruction permit program for the 

prevention of significant deterioration of 

air quality and visibility protection. The 

purpose of District Rule 1714— 

Prevention of Significant Deterioration 

for Greenhouse Gases is to implement a 

pre-construction PSD permit program, 

as required by section 165 of the CAA, 

for certain new and modified major 

stationary sources that emit or may emit 

GHGs. Currently, EPA is the PSD 

permitting authority within the District 

because the State does not have a SIPapproved PSD program. However, 

pursuant to 40 CFR 52.21(u), the District 

currently issues PSD permits through a 

delegation agreement between EPA and 

the District. The District determined 

that this delegation agreement does not 

extend to GHGs, so EPA currently 

administers the GHG portion of 40 CFR 

52.21 within the District. Approval of 

Rule 1714 into the SIP will transfer PSD 

permitting authority for GHGs from EPA 

to the District. Rule 1714 would apply 

only to sources that trigger the PSD 

program for GHGs. For pollutants other 

than GHGs that trigger the PSD program, 

the District will continue to administer 

the PSD program under the criteria and 

procedures in the delegation agreement, 

40 CFR 52.21, and Part 124 (including 

the opportunity to petition for review by 

EPA’s Environmental Appeals Board). 

Upon approval of the District’s PSD SIP 

revision for GHGs, EPA would continue 

its role of overseeing the District’s entire 

PSD permitting program, including both 

the delegated program for non-GHG 

pollutants and the SIP-approved portion 

for GHGs. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating this rule? 

The relevant statutory and regulatory 

provisions for our review of the 

submitted rules include CAA sections 

110(a), 110(l), and 165 and 40 CFR 

51.166. Section 110(a) requires, among 

other things, that SIP rules be 

enforceable, while section 110(l) 

precludes EPA approval of SIP revisions 

that would interfere with any applicable 

requirements concerning attainment and 

reasonable further progress. Section 165 

of the CAA requires states to adopt a 

pre-construction permitting program for 

certain new and modified major 

stationary sources located in attainment 

or unclassifiable areas. 40 CFR 51.166 

establishes the specific requirements for 

SIP-approved PSD permit programs that 

must be met to satisfy the requirements 

of section 165 of the CAA. 

B. Does the rule meet the evaluation 

criteria? 

With some exclusions and revisions, 

Rule 1714 incorporates by reference 

EPA’s PSD permit program, as it 

pertains to GHGs, at 40 CFR 52.21. We 

generally consider EPA’s PSD permit 

program at 40 CFR 52.21 to be 

consistent with the criteria in 40 CFR 

51.166. However, we conducted a 

review of Rule 1714, including 

additional clarifications regarding 

procedural requirements provided by 

the District in a letter to EPA dated 

August 15, 2012, to ensure that all 

requirements of 40 CFR 51.166 are met 

as they pertain to GHGs. Our evaluation 

is available as an attachment to the 

technical support document (TSD) for 

this rulemaking. We also reviewed the 

revisions the District made to 40 CFR 

52.21 that were incorporated by 

reference into Rule 1714, such as 

revising certain terms and definitions to 

reflect that the District, rather than EPA, 

will be the PSD permitting authority. 

Based on our review of Rule 1714 and 

the clarifications in the District’s letter 

of August 15, 2012, we are proposing to 

find the SIP revision acceptable under 

CAA sections 110(a), 110(l) and 165 and 

40 CFR 51.166. 

EPA’s TSD for this rulemaking has 

more information about this rule, 

including our evaluation and 

recommendation to approve it into the 

SIP. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Proposed Rules 52279 

C. Public comment and proposed action 

Because EPA believes the submitted 

rule fulfills all relevant requirements, 

we are proposing to fully approve it as 

a revision to the SIP pursuant to section 

110(k)(3) of the Act. Specifically, we are 

proposing to approve District Rule 

1714—Prevention of Significant 

Deterioration, as adopted by the District 

on November 5, 2010 and submitted by 

CARB on December 30, 2010. 

We will accept comments from the 

public on this proposal until September 

28, 2012. 

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 approves 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 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, Greenhouse gases, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

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

Dated: August 16, 2012. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2012–21338 Filed 8–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 10–90; DA 12–1199] 

Wireline Competition Bureau Seeks 

Comment on Proposed Urban Rates 

Survey and Issues Relating to 

Reasonable Comparability 

Benchmarks and the Local Rate Floor 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Wireline Competition Bureau seeks 

comment on a proposed survey of urban 

rates for fixed voice and fixed 

broadband residential services. The 

Bureau also seeks comment concerning 

how, using data from the urban rates 

survey, to determine the local voice rate 

floor and the reasonable comparability 

benchmarks for fixed voice and fixed 

broadband services. 

DATES: Comments are due on or before 

September 28, 2012. 

ADDRESSES: Interested parties may file 

comments. All pleadings are to 

reference WC Docket 10–90. Comments 

may be filed using the Commission’s 

Electronic Filing System (ECFS) or by 

filing paper copies, by any of the 

following methods: 

D Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http:// 

fjallfoss.fcc.gov/ecfs2/. 

D Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. If more than one 

docket or rulemaking number appears in 

the caption of this proceeding, filers 

must submit two additional copies for 

each additional docket or rulemaking 

number. 

D People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (tty). 

D In addition, one copy of each 

pleading must be sent to each of the 

following: 

(1) Jay Schwarz, Industry Analysis 

and Technology Division, Wireline 

Competition Bureau, 445 12th Street, 

SW., 6–A134, Washington, DC 20554; 

email: Jay.Schwarz@fcc.gov. 

(2) Alexander Minard, 

Telecommunications Access Policy 

Division, Wireline Competition Bureau, 

445 12th Street, SW., 5–A334, 

Washington, DC 20554; email: 

Alexander.Minard@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: Jay 

Schwarz, Wireline Competition Bureau, 

(202) 418–0948; Alexander Minard, 

Wireline Competition Bureau, (202) 

418–7400, or TTY: (202) 418–0484. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Public Notice, WC 

Docket No. 10–90; DA 12–1199, released 

on July 26, 2012. The full text of this 

document is available for public 

inspection during regular business 

hours in the FCC Reference Center, 

Room CY–A257, 445 12th Street, SW., 

Washington, DC 20554. The document 

may also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc. 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

number (800) 378–3160 or (202) 863– 

2898, or via the Internet at http:// 

www.bcpiweb.com. 

I. Synopsis of Public Notice 

1. In this public notice, the Wireline 

Competition Bureau seeks comment on 

a proposed survey of urban rates for 

fixed voice and fixed broadband 

residential services. The Bureau also 

seeks comment concerning how, using 

data from the urban rates survey, to 

determine the local voice rate floor and 

the reasonable comparability 


srobinson on DSK4SPTVN1PROD with PROPOSALS