70664 Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Proposed Rules 

approvable because it is in accordance 

with the CAA and EPA regulations 

regarding PSD permitting for GHGs. 

As noted above, at Kansas’s request, 

EPA is ‘‘parallel processing’’ this 

proposed rule revision. After Kansas 

submits the formal state-effective rule 

revisions (including a response to all 

public comments raised during the 

state’s public participation process), 

EPA will prepare a final rulemaking 

notice for the SIP revision. If changes 

are made to the state’s proposed rule 

after EPA’s notice of proposed 

rulemaking, such changes must be 

acknowledged in EPA’s final 

rulemaking action. If the changes are 

significant, then EPA may be obliged to 

re-propose the action. In addition, if 

these changes render the SIP revision 

not approvable, EPA’s re-proposal of the 

action would be a disapproval of the 

revision. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. Accordingly, this proposed 

action merely approves the state’s law 

as meeting federal requirements and 

does not impose additional 

requirements beyond those imposed by 

the state’s 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 CAA; 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 of Kansas, 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, Incorporation by 

reference, Intergovernmental relations, 

and Reporting and recordkeeping 

requirements. 

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

Dated: November 9, 2010. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2010–29144 Filed 11–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 136, 260, 423, 430, and 

435 

[EPA–HQ–OW–2010–0192; FRL–9228–6] 

Guidelines Establishing Test 

Procedures for the Analysis of 

Pollutants Under the Clean Water Act; 

Analysis and Sampling Procedures; 

Extension of Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of the 

public comment period. 

SUMMARY: On September 23, 2010, EPA 

proposed changes to analysis and 

sampling test procedures in wastewater 

regulations. These changes will help 

provide additional flexibility to the 

regulated community and laboratories 

in their selection of analytical methods 

(test procedures) for use in Clean Water 

Act programs. EPA requested that 

public comments on the proposal be 

submitted on or before November 22, 

2010 (a 60-day comment period). Since 

publication, the Agency has received 

several requests for additional time to 

submit comments. EPA is extending the 

period of time in which the Agency will 

accept public comments on the proposal 

for an additional 30 days. 

DATES: The comment period for the 

proposed rule published September 23, 

2010, at 75 FR 58024 is extended. 

Comments must be received on or 

before December 22, 2010. Comments 

postmarked after this date may not be 

considered. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2010–0192, by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: OW-Docket@epa.gov 

• Mail: U.S. Environmental 

Protection Agency; EPA Docket Center 

(EPA/DC) Water Docket, MC 28221T; 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

1301 Constitution Ave., NW., EPA West, 

Room 3334, Washington, DC. 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–OW–2010– 

0921. 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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Proposed Rules 70665 

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 Office of Water Docket/EPA/DC, 

1301 Constitution Ave., NW., EPA West, 

Room 3334, Washington, DC. This 

Docket Facility is open from 8:30 a.m. 

until 4:30 p.m., EST, Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the Office of 

Water Docket is (202) 566–2426. 

FOR FURTHER INFORMATION CONTACT: 

Lemuel Walker, Engineering and 

Analysis Division (4303T), U.S. EPA, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460; (202) 566–1077; 

walker.lemuel@epa.gov. 

Dated: November 9, 2010. 

Nancy K. Stoner, 

Acting Assistant Administrator for Water. 

[FR Doc. 2010–29145 Filed 11–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2009–0922; FRL–8853–3] 

RIN 2070–AB27 

Proposed Significant New Use Rule for 

Cobalt Lithium Manganese Nickel 

Oxide 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing a significant 

new use rule (SNUR) under section 

5(a)(2) of the Toxic Substances Control 

Act (TSCA) for the chemical substance 

identified as cobalt lithium manganese 

nickel oxide (CAS No. 182442–95–1) 

which was the subject of 

premanufacture notice (PMN) P–04– 

269. This proposed rule would require 

persons who intend to manufacture, 

import, or process the substance for an 

activity that is designated as a 

significant new use to notify EPA at 

least 90 days before commencing that 

activity. The required notification 

would provide EPA with the 

opportunity to evaluate the intended 

use and, if necessary, to prohibit or limit 

the activity before it occurs. 

DATES: Comments must be received on 

or before December 20, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2009–0922, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave., NW., 

Washington, DC. Attention: Docket ID 

Number EPA–HQ–OPPT–2009–0922. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2009–0922. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line 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 regulations.gov or email. The 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 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the 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 docket index available 

at http://www.regulations.gov. 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 electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number of the EPA/DC Public Reading 

Room is (202) 566–1744, and the 

telephone number for the OPPT Docket 

is (202) 566–0280. Docket visitors are 

required to show photographic 

identification, pass through a metal 

detector, and sign the EPA visitor log. 

All visitor bags are processed through 

an X-ray machine and subject to search. 

Visitors will be provided an EPA/DC 

badge that must be visible at all times 

in the building and returned upon 

departure. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Kenneth 

Moss, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–9232; e-mail 

address: moss.kenneth@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI–Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; e-mail address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, import, 


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