24544 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Proposed Rules 

1-Hour NAAQS Obligations That No 

Longer Apply in This Area 

Two additional amendments to 

Ecology’s existing 1-hour maintenance 

plan have also been submitted for 

approval pursuant to 40 CFR 

51.905(e)(1). In this submission, Ecology 

has submitted a maintenance SIP for the 

8 hour NAAQS for this area that meets 

the requirements of CAA section 110(l) 

and section 193 of the CAA. Therefore, 

EPA proposes to approve these two 

amendments to the existing 1-hour 

ozone maintenance plan: 

1. Removal of the obligation to submit 

a maintenance plan for the 1-hour 

NAAQS eight years after approval of the 

initial 1-hour maintenance plan; and 

2. Removal of the State’s obligation to 

implement contingency measures upon 

a violation of the 1-hour NAAQS. 

Washington’s SIP submittal meets the 

CAA requirements for SIP submittals 

with respect to these two changes. 

III. Proposed Action 

EPA is proposing to approve the 

section 110(a)(1) ozone maintenance 

plan, including its correlating 

implementing regulations, for 

Vancouver, Washington, submitted on 

January 17, 2007, as revisions to the 

federally enforceable Washington SIP. 

EPA is proposing to approve the 

maintenance plan and supporting rules 

for the Vancouver portion of the 

Portland-Vancouver AQMA because 

they meet the requirements of section 

110(a)(1) and section 110(l) of the CAA. 

EPA is soliciting public comments on 

this proposed approval. EPA will 

consider these comments and address 

them before taking final action. 

IV. Washington Notice Provision 

Washington’s Regulatory Reform Act 

of 1995, codified at Chapter 43.05 

Revised Code of Washington (RCW), 

precludes ‘‘regulatory agencies’’, as 

defined in RCW 43.05.010, from 

assessing civil penalties under certain 

circumstances. EPA has determined that 

Chapter 43.05 of the RCW, often referred 

to as ‘‘House Bill 1010,’’ conflicts with 

the requirements of CAA section 

110(a)(2)(A) and (C) and 40 CFR 

51.230(b) and (e). Based on this 

determination, Ecology has determined 

that Chapter 43.05 RCW does not apply 

to the requirements of Chapter 173–422 

WAC. See 66 FR 35115, 35120 (July 3, 

2001). The restriction on the issuance of 

civil penalties in Chapter 43.05 RCW 

does not apply to local air pollution 

control authorities in Washington 

because local air pollution control 

authorities are not ‘‘regulatory agencies’’ 

within the meaning of that statute. See 

66 FR 35115, 35120 (July 3, 2001). 

In addition, EPA is relying on the 

State’s interpretation of another 

technical assistance law, RCW 

43.21A.085 and .087, to conclude that 

the law does not impinge on the State’s 

authority to administer Federal Clean 

Air Act programs. The Washington 

Attorney Generals’ Office has concluded 

that RCW 43.21A.085 and .087 do not 

conflict with Federal authorization 

requirements because these provisions 

implement a discretionary program. 

EPA understands from the State’s 

interpretation that technical assistance 

visits conducted by the State will not be 

conducted under the authority of RCW 

43.21A.085 and .087. See 66 FR 16, 20 

(January 2, 2001); 59 FR 42552, 42555 

(August 18, 1994). 

V. 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, the 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, 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, Carbon monoxide, 

Hydrocarbons, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: March 3, 2010. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2010–10644 Filed 5–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0218; FRL–9135–4] 

Revisions to the California State 

Implementation Plan, Placer County 

Air Pollution Control District, 

Sacramento Metropolitan Air Quality 

Management District, San Joaquin 

Valley Unified Air Pollution Control 

District, and South Coast Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Placer County Air 

Pollution Control District (PCAPCD), 

Sacramento Metropolitan Air Quality 

Management District (SMAQMD), San 

Joaquin Valley Unified Air Pollution 

Control District (SJVUAPCD), and South 

Coast Air Quality Management District 

(SCAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 


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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Proposed Rules 24545 

compound (VOC) emissions from 

petroleum facilities, chemical plants, 

and facilities which use organic 

solvents. We are proposing to approve 

local rules to regulate these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Any comments on this proposal 

must arrive by June 4, 2010. 

ADDRESSES: Submit comments, 

identified by docket number [EPA–R09– 

OAR–2010–0218], by one of the 

following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), 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 http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://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 email directly to EPA, your e-mail 

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. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: The index to the docket for 

this action is available electronically at 

http://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. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, (415) 947– 

4126, law.nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rules: PCAPCD Rule 216 Organic 

Solvent Cleaning and Degreasing 

Operations, SMAQMD Rule 466 Solvent 

Cleaning, SJVUAPCD Rule 4661 Organic 

Solvents, SCAQMD Rule 1173 Control 

of Volatile Organic Compound Leaks 

and Releases from Components at 

Petroleum Facilities and Chemical 

Plants. In the Rules and Regulations 

section of this Federal Register, we are 

approving these local rules in a direct 

final action without prior proposal 

because we believe these SIP revisions 

are not controversial. If we receive 

adverse comments, however, we will 

publish a timely withdrawal of the 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. 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, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: March 18, 2010. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2010–10401 Filed 5–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R7–ES–2009–0042; 

92210–1117–0000–B4] 

RIN 1018–AW56 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for the Polar Bear in the United 

States 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period, and announcement of 

public hearings. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce the 

reopening of the public comment period 

on the proposed designation of critical 

habitat for the polar bear (Ursus 

maritimus) under the Endangered 

Species Act of 1973, as amended (Act). 

We also announce the availability of a 

draft economic analysis (DEA), 

corrections to our proposed boundaries 

for sea-ice critical habitat, our intention 

to hold two public hearings to provide 

the public with an opportunity to 

submit testimony on the proposed 

designation of critical habitat for the 

polar bear and on the DEA, and an 

amended required determinations 

section of the proposal. We are 

reopening the comment period to allow 

all interested parties an opportunity to 

provide additional comment on the 

proposed rule, the associated DEA, 

corrections to our proposed boundaries 

for sea-ice critical habitat, and the 

amended required determinations 

section. If you submitted comments 

previously, you do not need to resubmit 

them because we have already 

incorporated them into the public 

record and will fully consider them in 

preparation of the final rule. 

DATES: Written Comments: We will 

consider comments we receive on or 

before July 6, 2010. 

Public Hearings: We will hold two 

public hearings, one on June 15, 2010, 

from 7–10 p.m. in Anchorage, Alaska, 

and another on June 17, 2010, from 7– 

10 p.m. in Barrow, Alaska. During the 

first hour of these meetings (from 7–8 

p.m.), we will present information on 

the DEA and proposed critical habitat. 

Public comments will be taken from 8– 

10 p.m. 

ADDRESSES: Written Comments: You 

may submit comments by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Please follow the 

instructions for submitting comments 

on Docket No. FWS–R7–ES–2009–0042. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R7– 

ES–2009–0042; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

Public Hearings: 

• The Barrow, Alaska, public hearing 

will be held at In ̃upiat Heritage Center, 

5421 North Star Street, Barrow, Alaska. 

• The Anchorage, Alaska, public 

hearing will be held at Z.J. Loussac 

Public Library, 3600 Denali Street, 

Anchorage, Alaska. 

For more information on the public 

hearings, see the Public Hearings 

section below. 

We will post all comments, and 

transcripts of the public hearings on 

http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide to us 

(see the Public Comments section below 

for more information). 


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