Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Proposed Rules 77799 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the State of 

Delaware. This SIP revision includes an 

amendment to Delaware’s regulation for 

Volatile Organic Compounds (VOC) 

from Consumer and Commercial 

Products, Section 3.0, Portable Fuel 

Containers. In the Final Rules section of 

this Federal Register, EPA is approving 

the State’s SIP submittal as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, 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final rule will be withdrawn and all 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. 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by January 13, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0435 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: powers.marilyn@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0435, 

Marilyn Powers, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. 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–R03–OAR–2010– 

0435. 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, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure 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 form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Delaware Department of 

Natural Resources and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

e-mail at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, ‘‘Approval 

and Promulgation of Air Quality 

Implementation Plans; Delaware; 

Limiting Emissions of Volatile Organic 

Compounds from Portable Fuel 

Containers,’’ that is located in the ‘‘Rules 

and Regulations’’ section of this Federal 

Register publication. 

Dated: November 30, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2010–31222 Filed 12–13–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2008–0334; FRL–9238–6] 

National Emission Standards for 

Hazardous Air Pollutants for Chemical 

Manufacturing Area Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On June 15, 2010, EPA 

notified Petitioners that the Agency 

intended to initiate the reconsideration 

process in response to their request for 

reconsideration of certain provisions in 

the National Emission Standards for 

Hazardous Air Pollutants for Chemical 

Manufacturing Area Sources. Among 

the provisions that EPA is reconsidering 

is a requirement that certain affected 

sources obtain a permit. In a separate 

rule published today, EPA is taking final 

action to stay for 90 days, the 

requirement for certain affected sources 

to comply with the title V permit 

program. Because we believe the 

reconsideration process may not be 

completed within 90 days, we are 

proposing to stay the provision 

requiring certain sources to obtain a 

permit until the final reconsideration 

rule is published in the Federal 

Register. EPA is requesting public 

comment on this proposed stay. 

DATES: Comments. Comments must be 

received on or before January 28, 2011. 

Public Hearing. If anyone contacts 

EPA requesting to speak at a public 

hearing by December 27, 2010, a public 

hearing will be held on December 29, 

2010. For further information on the 

public hearing and requests to speak, 

see the ADDRESSES section of this 

preamble. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0334, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-Docket@epa.gov, 

Attention Docket ID No. EPA–HQ– 

OAR–2008–0334. 

• Fax: (202) 566–9744, Attention 

Docket ID No. EPA–HQ–OAR–2008– 

0334. 

• Mail: U.S. Postal Service, send 

comments to: Air and Radiation Docket 

and Information Center, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–OAR–2008– 

0334. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

77800 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Proposed Rules 

1Chemical manufacturing process unit. 

• Hand Delivery: In person or by 

courier, deliver comments to: EPA 

Docket Center (2822T), Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC 20004. 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–2008– 

0334. 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, 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 EPA Docket Center, 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 Docket Center is (202) 

566–1742. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Randy McDonald, Office of Air Quality 

Planning and Standards, Sector Policies 

and Programs Division, Coatings and 

Chemicals Group (E143–01), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone number: (919) 541–5402; fax 

number: (919) 541–0246; e-mail address: 

mcdonald.randy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The EPA published final National 

Emission Standards for Hazardous Air 

Pollutants for Chemical Manufacturing 

Area Sources on October 29, 2009. 40 

CFR part 63, subpart VVVVVV (74 FR 

56008). Included in the final rule was a 

new provision requiring any major 

source that had installed a control 

device on a chemical manufacturing 

process unit after November 15, 1990, 

and, as a result, became an area source 

under CFR 40 part 63 to obtain a title 

V permit under 40 CFR part 70 or 40 

CFR part 71. See 40 CFR 63.11494(e). 

On February 12, 2010, the American 

Chemistry Council and the Society of 

Chemical Manufacturers and Affiliates 

(collectively referred to as ‘‘Petitioners’’) 

sought reconsideration of six provisions 

in the final rule, including the provision 

requiring certain sources to obtain a title 

V permit. On June 15, 2010, EPA 

notified Petitioners that the Agency 

intended to initiate the reconsideration 

process. EPA also separately notified 

Petitioners that the provision requiring 

certain sources to obtain a title V permit 

was among the provisions for which 

EPA would grant reconsideration. 

By letter dated October 28, 2010, 

Petitioners requested a stay of the 

requirement to comply with the title V 

permit program, specifically the 

requirement to submit a title V permit 

application, pending completion of the 

reconsideration process. Petitioners 

stated in their letter that they were 

requesting the stay because EPA has yet 

to initiate the reconsideration process 

and, ‘‘under one interpretation of EPA’s 

[40 CFR part 70 and 40 CFR part 71] 

regulations, existing sources must file 

Title V permit applications [by] October 

29, 2010.’’ Petitioners maintained that it 

would be unreasonable and inequitable 

to require facilities to prepare and 

submit title V applications at the same 

time that EPA is reconsidering the 

requirement to obtain a title V permit. 

As explained below, EPA believes that 

it is appropriate to stay the effectiveness 

of the requirement in 40 CFR 

63.11494(e) for certain sources to obtain 

a title V permit during the pendency of 

the reconsideration process. 

EPA is proposing to stay the provision 

in 40 CFR 63.11494(e) that requires 

‘‘[a]ny source that was a major source 

and installed a control device on a 

CMPU 1 after November 15, 1990, and, 

as a result, became an area source under 

40 CFR part 63 is required to obtain a 

permit under 40 CFR part 70 or 40 CFR 

part 71.’’ We are proposing to stay the 

provision until after the final 

reconsideration rule is published in the 

Federal Register. This provision was 

first introduced in the final rule and 

represented a significant change from 

the proposal. Facilities had no chance to 

comment on this new requirement in 

the final rule. We are proposing to stay 

this provision because both the affected 

universe of sources and the substantive 

requirement could change as a result of 

this reconsideration process. 

Specifically, we will be reconsidering 

whether the affected sources noted 

above should be subject to title V, or 

whether they should be exempt from 

title V requirements. Because we cannot 

pre-judge the outcome of the 

reconsideration process, we think a 

limited stay during the duration of the 

administrative reconsideration process 

is appropriate so that sources are not 

incurring the cost associated with 

applying for a title V permit in advance 

of our final decision on the issue. 

II. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action,’’ 

and, therefore, is not subject to review 

by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). In addition, this action does 

not impose any enforceable duty or 

contain any unfunded mandate as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4), or 

require prior consultation with State 

officials, as specified by Executive 

Order 12875 (58 FR 58093, October 28, 

1993), or involve special consideration 

of environmental justice related issues, 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). 

Pursuant to the Regulatory Flexibility 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Proposed Rules 77801 

Act, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

This proposed rule will not impose any 

new requirements on any entities 

because it does not impose any 

additional regulatory requirements. This 

action also does not have Tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian Tribes, on the relationship 

between the Federal government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian Tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does 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 (64 FR 43255, 

August 10, 1999). This action also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

The requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501, et seq.). EPA’s compliance 

with these statutes and Executive 

Orders for the underlying rule is 

discussed in the October 29, 2009, 

Federal Register document. 

List of Subjects in 40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Monitoring, 

Reporting and recordkeeping. 

Dated: December 7, 2010. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2010–31330 Filed 12–13–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2010–0041; MO 

92210–0–0008] 

RIN 1018–AV97 

Endangered and Threatened Wildlife 

and Plants; Endangered Status for 

Dunes Sagebrush Lizard 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, propose to list the 

dunes sagebrush lizard (Sceloporus 

arenicolus), a lizard known from 

southeastern New Mexico and adjacent 

west Texas, as endangered under the 

Endangered Species Act of 1973, as 

amended. If we finalize the rule as 

proposed, it would extend the Act’s 

protections to this species. We have 

determined that critical habitat for the 

dunes sagebrush lizard is prudent but 

not determinable at this time. 

DATES: We will consider comments 

received or postmarked on or before 

February 14, 2011. We must receive 

requests for public hearings, in writing, 

at the address shown in the FOR FURTHER

INFORMATION CONTACT section by January 

28, 2011. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for docket 

FWS–R2–ES–2010–0041 and then 

follow the instructions for submitting 

comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R2– 

ES–2010–0041; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will post all information received 

on http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us 

(see the Public Comments section below 

for more details). 

FOR FURTHER INFORMATION CONTACT: 

Wally ‘‘J’’ Murphy, Field Supervisor, 

New Mexico Ecological Services Field 

Office, 2105 Osuna, NE., Albuquerque, 

NM 87113; by telephone 505–761–4718 

or by facsimile 505–346–2542. Persons 

who use a telecommunications device 

for the deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Public Comments 

We intend that any final action 

resulting from this proposed rule will be 

based on the best scientific and 

commercial data available and be as 

accurate and as effective as possible. 

Therefore, we request comments or 

information from other concerned 

governmental agencies, Native 

American Tribes, the scientific 

community, industry, or any other 

interested parties concerning this 

proposed rule. We particularly seek 

comments concerning: 

(1) The historical and current status 

and distribution of the dunes sagebrush 

lizard, its biology and ecology, and 

ongoing conservation measures for the 

species and its habitat. 

(2) Information relevant to the factors 

that are the basis for making a listing 

determination for a species under 

section 4(a) of the Endangered Species 

Act of 1973, as amended (Act) (16 

U.S.C. 1531 et seq.), which are: 

(a) The present or threatened 

destruction, modification, or 

curtailment of the species’ habitat or 

range; 

(b) Overutilization for commercial, 

recreational, scientific, or educational 

purposes; 

(c) Disease or predation; 

(d) The inadequacy of existing 

regulatory mechanisms; or 

(e) Other natural or manmade factors 

affecting its continued existence and 

threats to the species or its habitat. 

(3) Which areas would be appropriate 

as critical habitat for the species and 

why they should be proposed for 

designation as critical habitat. 

(4) The reasons why areas should or 

should not be designated as critical 

habitat as provided by section 4 of the 

Act of 1973, including whether the 

benefits of designation would outweigh 

threats to the species that designation 

could cause, such that the designation 

of critical habitat is or is not prudent. 

Please note that submissions merely 

stating support for or opposition to the 

action under consideration without 

providing supporting information, 

although noted, will not be considered 

in making a determination, as section 

4(b)(1)(A) of the Act directs that 

determinations as to whether any 

species is an endangered or threatened 

species must be made ‘‘solely on the 

basis of the best scientific and 

commercial data available.’’ 

You may submit your comments and 

materials concerning this proposed rule 

by one of the methods listed in the 

ADDRESSES section. 

If you submit a comment via http:// 

www.regulations.gov, your entire 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS