Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules and Regulations 45485 

of Particles from Combustion of Fuel’’ 

with an effective date of April 20, 2009; 

Subchapter 10 ‘‘Sulfur in Solid Fuels’’ 

with an effective date of April 20, 2009; 

Subchapter 16 ‘‘Control and Prohibition 

of Air Pollution by Volatile Organic 

Compounds’’ with an effective date of 

April 20, 2009; Subchapter 19 ‘‘Control 

and Prohibition of Air Pollution from 

Oxides of Nitrogen’’ with an effective 

date of July 6, 2009 (including two 

Administrative Corrections published in 

the New Jersey Register on June 15, 

2009 and July 6, 2009); and Subchapter 

21 ‘‘Emission Statements’’ with an 

effective date of April 20, 2009. 

(ii) Additional information: 

(A) Letter dated April 21, 2009 from 

Acting Commissioner Mark N. 

Mauriello, NJDEP, to George Pavlou, 

Acting Regional Administrator, EPA 

Region 2, submitting the SIP revision for 

Subchapters 4, 8, 10, 16, 19 and 21. 

(B) Letter dated May 7, 2010 from 

Director William O’Sullivan, NJDEP, to 

Barbara Finazzo, Director, Division of 

Environmental Planning and Protection, 

EPA Region 2, submitting supplemental 

SIP information for Subchapter 19. 

■ 3. Section 52.1605 is amended by 

revising the table entries, under Title 7, 

Chapter 27: for Subchapters 4, 10, 16, 

19, and 21, to read as follows: 

§ 52.1605 EPA-approved New Jersey 

regulations. 

State regulation State effective date EPA approved date Comments 

*******

Title 7, Chapter 27: 

*******

Subchapter 4, ‘‘Control and 

Prohibition of Particles 

from Combustion of 

Fuel.’’ 

April 20, 2009 ..................... August 3, 2010 [Insert 

Federal Register page 

citation].

* * * * * * * 

Subchapter 10, ‘‘Sulfur in 

Solid Fuels.’’ 

April 20, 2009 ..................... August 3, 2010, 2009 [Insert Federal Register 

page citation].

Notification of ‘‘large zone 3 coal conversions’’ must be 

provided to EPA (40 CFR 52.1601(b)). 

* * * * * * * 

Subchapter 16, ‘‘Control 

and Prohibition of Air 

Pollution by Volatile Organic Compounds.’’ 

April 20, 2009 ..................... August 3, 2010 [Insert 

Federal Register page 

citation].

* * * * * * * 

Subchapter 19, ‘‘Control 

and Prohibition of Air 

Pollution from Oxides of 

Nitrogen.’’ 

July 6, 2009, as corrected 

on June 15, 2009 and 

July 6, 2009.

August 3, 2010 [Insert 

Federal Register page 

citation].

Subchapter 19 is approved into the SIP except for the 

following provisions: (1) phased compliance plan 

through repowering in §§19.21 that allows for implementation beyond May 1, 1999; and (2) phased compliance plan through the use of innovative control 

technology in §§19.23 that allows for implementation 

beyond May 1, 1999. 

* * * * * * * 

Subchapter 21, ‘‘Emission 

Statements.’’ 

April 20, 2009 ..................... August 3, 2010 [Insert 

Federal Register page 

citation].

Section 7:27–21.3(b)(1) and 7:27–21.3(b)(2) of New 

Jersey’s Emission Statement rule requires facilities to 

report on the following pollutants to assist the State 

in air quality planning needs: hydrochloric acid, hydrazine, methylene chloride, tetrachlorethylene, 1, 1, 

1 trichloroethane, carbon dioxide and methane. EPA 

will not take SIP-related enforcement action on these 

pollutants. 

* * * * * * * 

§ 52.1576 [Reserved] 

■ 4. Section 52.1576 is removed and 

reserved. 

[FR Doc. 2010–18887 Filed 8–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2010–0590; FRL–9184–6] 

Determination of Attainment for PM10

for the Las Vegas Valley 

Nonattainment Area, NV 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA has determined that the 

Las Vegas Valley nonattainment area in 

Nevada attained the National Ambient 

Air Quality Standard (NAAQS) for 

particulate matter with an aerodynamic 

diameter of less than or equal to a 

nominal ten micrometers (PM10) by the 

applicable attainment date (December 

31, 2006), and that the Las Vegas Valley 

nonattainment area is currently 

attaining the standard. 

DATES: This action is effective on 

October 4, 2010 without further notice, 


erowe on DSK5CLS3C1PROD with RULES
45486 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules and Regulations 

1An exceedance is defined as a daily value that 

is above the level of the 24-hour standard (150 μg/ 

m3) after rounding to the nearest 10 μg/m3 (i.e., 

values ending in 5 or greater are to be rounded up). 

Thus, a recorded value of 154 μg/m3 would not be 

an exceedance since it would be rounded to 150 μg/ 

m3 whereas a recorded value of 155 μg/m3 would 

be an exceedance since it would be rounded to 160 

μg/m3. See 40 CFR part 50, appendix K, section 1.0. 

2Specifically, the Las Vegas Valley PM10

nonattainment area is defined by reference to State 

hydrographic area #212. See 40 CFR 81.329. The 

Las Vegas Valley encompasses roughly 1,500 square 

miles within Clark County and includes the cities 

of Las Vegas, North Las Vegas, and Henderson. 

Roughly two million people reside in Clark County, 

mostly within Las Vegas Valley. NDEP is the state 

agency under state law that is responsible for SIP 

matters for the State of Nevada. Within Clark 

County, the Clark County Board of Commissioners, 

acting through the Department of Air Quality and 

Environmental Management (DAQEM), is 

empowered under state law to develop air quality 

plans and to regulate stationary sources within the 

county with the exception of certain types of power 

plants, which lie exclusively within the jurisdiction 

of NDEP. 

unless EPA receives adverse comment 

by September 2, 2010. If EPA receives 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–0590, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions. 

2. E-mail: tax.wienke@epa.gov. 

3. Mail or Deliver: Wienke Tax, Air 

Planning Office, EPA 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 an 

e-mail directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. 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: 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: 

Wienke Tax at telephone number: (415) 

947–4192, e-mail address: 

tax.wienke@epa.gov, or the above EPA, 

Region IX address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean 

EPA. Information is organized as 

follows: 

Table of Contents 

I. Background 

A. PM10 NAAQS 

B. Designation and Classification of PM10

Nonattainment Areas 

C. How does EPA make attainment 

determinations? 

D. What is the attainment date for the Las 

Vegas Valley PM10 nonattainment area? 

E. What PM10 planning has occurred for 

the Las Vegas Valley PM10

nonattainment area? 

II. EPA’s Analysis 

A. What does the air quality data show as 

of the December 31, 2006 attainment 

date? 

B. Does more recent air quality data also 

show attainment? 

III. EPA’s Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

A. PM10 NAAQS 

The NAAQS are levels for certain 

ambient air pollutants set by EPA to 

protect public health and welfare. PM10, 

or particulate matter with an 

aerodynamic diameter less than or equal 

to a nominal 10 micrometers, is among 

the ambient air pollutants for which 

EPA has established health-based 

standards. On July 1, 1987 (52 FR 

24634), EPA promulgated two primary 

standards for PM10: A 24-hour standard 

of 150 micrograms per cubic meter (μg/ 

m3) and an annual PM10 standard of 50 

μg/m3. EPA also promulgated secondary 

PM10 standards that were identical to 

the primary standards. 

Effective December 18, 2006, EPA 

revoked the annual PM10 standard but 

retained the 24-hour PM10 standard. 71 

FR 61144 (October 17, 2006). The 24- 

hour PM10 standard is attained when the 

expected number of days per calendar 

year with a 24-hour concentration in 

excess of the standard (referred to 

herein as ‘‘exceedance’’), as determined 

in accordance with 40 CFR part 50, 

appendix K, is equal to or less than 

one.1 40 CFR 50.6 and 40 CFR part 50, 

appendix K. 

B. Designation and Classification of 

PM10 Nonattainment Areas 

Areas meeting the requirements of 

section 107(d)(4)(B) of the Clean Air Act 

(CAA or the Act) were designated 

nonattainment for PM10 by operation of 

law and classified ‘‘moderate’’ upon 

enactment of the 1990 Clean Air Act 

Amendments. See generally 42 U.S.C. 

7407(d)(4)(B). These areas included all 

former Group I PM10 planning areas 

identified in 52 FR 29383 (August 7, 

1987), as further clarified in 55 FR 

45799 (October 31, 1990), and any other 

areas violating the NAAQS for PM10

prior to January 1, 1989. A Federal 

Register notice announcing the areas 

designated nonattainment for PM10

upon enactment of the 1990 

Amendments, known as ‘‘initial’’ PM10

nonattainment areas, was published on 

March 15, 1991 (56 FR 11101) and a 

subsequent Federal Register document 

correcting the description of some of 

these areas was published on August 8, 

1991 (56 FR 37654). The Las Vegas 

Valley 2 was one of these initial 

moderate PM10 nonattainment areas. 

All initial moderate PM10

nonattainment areas had the same 

applicable attainment date of December 

31, 1994. States containing initial 

moderate PM10 nonattainment areas 

were required to develop and submit to 

EPA by November 15, 1991, a state 

implementation plan (SIP) revision 

providing for implementation of 

reasonably available control measures 

(RACM) for the control of PM10, and 

either a demonstration that the plan 

would provide for attainment by the 

applicable attainment date (December 

31, 1994) or a demonstration that 

attainment by such date was 

impracticable. See CAA section 189(a). 

A moderate PM10 area could 

subsequently be reclassified as ‘‘serious’’ 

either before the applicable moderate 

area attainment date if EPA determines 

the area cannot ‘‘practicably’’ attain the 

PM10 NAAQS by this attainment date, or 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules and Regulations 45487 

3EPA promulgated amendments to the ambient 

air monitoring regulations in 40 CFR parts 53 and 

58 on October 17, 2006. See 71 FR 61236. The 

requirements for Special Purpose Monitors were 

revised and moved from 40 CFR 58.14 to 40 CFR 

58.20. 

4Because the annual PM10 standard was revoked 

effective December 18, 2006, see 71 FR 61144 

(October 17, 2006), this document discusses only 

attainment of the 24-hour PM10 standard. 

following the passage of the applicable 

moderate area attainment date if EPA 

determines that the area has failed to 

attain the standard. Effective February 8, 

1993, EPA determined that Las Vegas 

Valley could not ‘‘practicably’’ attain the 

PM10 NAAQS by December 31, 1994 

(i.e., the applicable attainment date for 

initial moderate PM10 nonattainment 

areas), and reclassified the area as 

‘‘serious.’’ See 58 FR 3334 (January 8, 

1993). Reclassification of Las Vegas 

Valley to ‘‘serious’’ triggered deadlines 

for additional SIP revisions and 

established a new applicable attainment 

date of (no later than) December 31, 

2001. See CAA section 188(c)(2). 

Section 188(e) of the Act authorizes 

EPA to extend the applicable attainment 

date for serious PM10 nonattainment 

areas under certain circumstances. In 

2004, EPA approved the PM10

attainment plan for Las Vegas Valley 

and granted the State of Nevada’s 

request to extend the applicable 

attainment date from December 31, 2001 

to December 31, 2006. See 69 FR 32273 

(June 9, 2004). 

C. How does EPA make attainment 

determinations? 

Section 188(b)(2) of the Act requires 

EPA to determine within six months of 

the applicable attainment date whether, 

based on air quality data, PM10

nonattainment areas attained the PM10

NAAQS by that date. Generally, EPA 

determines whether an area’s air quality 

is meeting the PM10 NAAQS based upon 

complete (minimum of 75 percent of 

scheduled PM10 samples recorded), 

quality-assured data gathered at 

established state and local air 

monitoring stations (SLAMS) and 

national air monitoring stations (NAMS) 

in the nonattainment area and entered 

into the EPA Air Quality System (AQS) 

database. Data from air monitors 

operated by State/local/tribal agencies 

in compliance with EPA monitoring 

requirements must be submitted to 

AQS. EPA relies primarily on data in 

AQS when determining the attainment 

status of an area. See 40 CFR 50.6; 40 

CFR part 50, appendix J; 40 CFR part 53; 

40 CFR part 58, appendix A. EPA will 

also consider air quality data from other 

air monitoring stations in the 

nonattainment area provided that the 

stations meet the Federal monitoring 

requirements for SLAMS, including the 

quality assurance and quality control 

criteria in 40 CFR part 58, appendix A. 

40 CFR 58.14 (2006) and 58.20 (2007); 3

71 FR 61236, 61242 (October 17, 2006). 

All valid data are reviewed to determine 

the area’s air quality status in 

accordance with 40 CFR part 50, 

appendix K. 

Attainment of the 24-hour PM10

standard is determined by calculating 

the expected number of exceedances of 

the standard in a year. The 24-hour 

standard is attained when the expected 

number of exceedances averaged over a 

three-year period is less than or equal to 

one at each monitoring site within the 

nonattainment area. Generally, three 

consecutive years of air quality data are 

required to show attainment of the 24- 

hour PM10 standard. See 40 CFR part 50 

and appendix K.4

D. What is the attainment date for the 

Las Vegas Valley PM10 nonattainment 

area? 

As noted above, the original 

attainment date for the Las Vegas Valley 

PM10 nonattainment area was December 

31, 1994, but was later extended, first to 

December 31, 2001, and later, to 

December 31, 2006. See 58 FR 3334 

(January 8, 1993) and 69 FR 32273 (June 

9, 2004). 

E. What PM10 planning has occurred for 

the Las Vegas Valley PM10

nonattainment area? 

After Las Vegas Valley was designated 

nonattainment for PM10, Clark County 

and NDEP began in the early 1990s to 

prepare the technical elements needed 

to bring the area into attainment and 

meet the planning requirements of title 

I of the CAA. NDEP submitted a 

moderate area PM10 plan for the Las 

Vegas Valley on December 6, 1991. 

Based on this submittal, EPA 

determined on January 8, 1993, that the 

Las Vegas Valley could not practicably 

attain the PM10 NAAQS by the 

applicable attainment deadline for 

moderate areas (December 31, 1994, per 

section 188(c)(1) of the Act), and 

reclassified the Las Vegas Valley as 

serious (58 FR 3334). 

In response to the area’s 

reclassification as a ‘‘serious’’ PM10

nonattainment area, Clark County 

prepared and, and NDEP submitted, a 

serious area PM10 plan in 1997 that EPA 

subsequently proposed to disapprove, 

along with the previously submitted 

plan. See 65 FR 37324 (June 14, 2000). 

However, NDEP submitted a revised 

serious area PM10 plan in July 2001, 

which EPA later approved. 69 FR 32273 

(June 9, 2004). Among the various 

serious area SIP elements approved by 

EPA in 2004 are the best available 

control measures (BACM) 

demonstration under CAA section 

189(b)(1)(B), the most stringent 

measures (MSM) demonstration under 

CAA section 188(e), and various Clark 

County air pollution control rules 

regulating such fugitive dust sources as 

open areas, unpaved roads, and 

construction activities. 

II. EPA’s Analysis 

A. What does the air quality data show 

as of the December 31, 2006 attainment 

date? 

Clark County DAQEM is responsible 

for monitoring ambient air quality 

within Clark County. DAQEM submits 

monitoring network plan reports to EPA 

on an annual basis. These reports 

discuss the status of the air monitoring 

network, as required under 40 CFR part 

58. Beginning in 2007, EPA reviews 

these annual plans for compliance with 

the applicable reporting requirements in 

40 CFR 58.10. With respect to PM10, we 

have found DAQEM’s annual network 

plans to meet the applicable 

requirements under 40 CFR part 58. See 

EPA letters to DAQEM concerning 

DAQEM’s annual network plan reports 

for years 2007, 2008, and 2009. 

Furthermore, we concluded in our 

Technical System Audit Report 

(February 2010) that Clark County 

DAQEM’s ambient air monitoring 

network currently meets or exceeds the 

requirements for the minimum number 

of monitoring sites designated as 

SLAMS for all of the criteria pollutants, 

and that all of the monitoring sites are 

properly located with respect to 

monitoring objectives, spatial scales and 

other site criteria. 

Clark County DAQEM currently 

operates nine PM10 SLAMS monitoring 

sites within Las Vegas Valley: Craig 

Road (North Las Vegas), Green Valley 

(Henderson), J.D. Smith School (North 

Las Vegas), Joe Neal (northwest Las 

Vegas), Lone Mountain (northwest Las 

Vegas), Orr School (central-southeast 

Las Vegas), Paul Meyer Park (southwest 

Las Vegas), Palo Verde School (west Las 

Vegas), Sunrise Acres School (central 

Las Vegas), and Walter Johnson (west 

Las Vegas). All nine sites monitor PM10

concentrations on a continuous basis 

using Beta Attenuation Monitors 

(BAMs). See Clark County DAQEM’s 

Annual Network Plan Report (June 

2010). Most of the sites are sited to 

provide PM10 concentration data at a 


erowe on DSK5CLS3C1PROD with RULES
45488 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules and Regulations 

5 In this context, ‘‘neighborhood scale’’ refers to 

conditions throughout some reasonably 

homogeneous urban sub-region with dimensions of 

a few kilometers. See 40 CFR part 58, appendix D, 

section 4.6. 

6 In this context, ‘‘middle scale’’ refers to 

conditions characteristic of areas from 100 meters 

to several kilometers. 

neighborhood scale 5 for the purpose of 

determining population exposure. The 

Craig Road site, however, is intended to 

capture the highest PM10 concentrations 

in Las Vegas Valley (i.e., at the 

neighborhood scale), and Green Valley 

and Palo Verde are intended to 

represent middle scale 6 conditions. 

In Table 1, below, we present a 

summary of AQS data collected at the 

nine PM10 sites currently in operation, 

as well as two sites (City Center in Las 

Vegas and Southeast Valley in 

Henderson), which have closed since 

2006, and two sites (East Sahara in 

central Las Vegas and Walter Johnson in 

west Las Vegas), which no longer 

monitor PM10. As shown in Table 1, 

only one PM10 exceedance was 

measured at any of the monitoring sites 

over the 2004–2006 period. 

TABLE 1—SUMMARY OF LAS VEGAS VALLEY PM10 MONITORING DATA, 2004–2006 

Monitoring site 

Highest 24-hour PM10 concentration (μg/m 3) Expected 

exceedances 

per year 

2004 2005 2006 

2004–2006 

City Center * ..................................................................................... 84 70 95 0.0 

Craig Road ....................................................................................... 151 149 157 0.4 

East Sahara * ................................................................................... 89 99 93 0.0 

Green Valley .................................................................................... 84 79 97 0.0 

J.D. Smith ........................................................................................ 122 144 136 0.0 

Joe Neal ........................................................................................... 135 124 122 0.0 

Lone Mountain ................................................................................. 58 55 82 0.0 

Orr .................................................................................................... 88 75 94 0.0 

Paul Meyer ....................................................................................... 86 70 100 0.0 

Palo Verde ....................................................................................... 65 46 69 0.0 

Southeast Valley * ............................................................................ 119 84 77 0.0 

Sunrise Acres .................................................................................. 72 120 113 0.0 

Walter Johnson * .............................................................................. 64 56 106 0.0 

PM10NAAQS = 150 μg/m3. Exceedances shown in bold type. *Site is no longer in operation or is no longer monitoring PM10

Based on a review of air quality data 

during the three-year period ending 

with the December 31, 2006 attainment 

date (and summarized above in table 1), 

we find that the expected number of 

exceedances per year for Las Vegas 

Valley for 2004–2006 is 0.4 days per 

year (based on the Craig Road 

monitoring site, the only one measuring 

an exceedance). This is less than an 

annual expected exceedance rate for the 

24-hour PM10 NAAQS of 1.0 and 

represents attainment of the standard. 

EPA has therefore determined that the 

Las Vegas Valley PM10 nonattainment 

area attained the PM10 NAAQS by the 

applicable attainment date of December 

31, 2006. 

B. Does more recent air quality data also 

show attainment? 

Although the attainment date for the 

Las Vegas Valley PM10 nonattainment 

area is December 31, 2006, EPA has also 

reviewed the air quality data collected 

at Clark County DAQEM’s PM10

monitoring sites in Las Vegas Valley 

from January 2007 through the first 

quarter of 2010. During this period, the 

only exceedances of the 150 μg/m3 24- 

hour standard occurred at the Craig 

Road site, which monitored 24-hour 

concentrations of 203 and 168 μg/m3 in 

2008, but given the continuous nature of 

PM10 monitoring at the site, the annual 

expected exceedance rate, averaged over 

three years, has not exceeded 1.0. Thus, 

the data continue to show attainment of 

the 24-hour PM10 NAAQS in Las Vegas 

Valley since the end of 2006. 

III. EPA’s Final Action 

Under section 188(b)(2) of the Clean 

Air Act, and based on complete, qualityassured data, we find that the Las Vegas 

Valley PM10 nonattainment area 

attained the 24-hour PM10 NAAQS by 

the applicable attainment date 

(December 31, 2006). We also find that 

the Las Vegas Valley nonattainment area 

is currently attaining the PM10 standard. 

This action is not a redesignation to 

attainment under CAA section 107(d)(3) 

because we have not yet approved a 

maintenance plan as meeting the 

requirements of section 175A of the 

CAA or determined that the area has 

met the other CAA requirements for 

redesignation. The PM10 classification 

and designation status in 40 CFR part 81 

will remain serious nonattainment for 

Las Vegas Valley until such time as the 

State of Nevada meets the CAA 

requirements for redesignation of the 

valley to attainment. 

We are publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial action 

and anticipates no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, 

EPA is publishing a separate document 

that will serve as the proposal should 

adverse comments be filed. This action 

will be effective October 4, 2010, 

without further notice unless the EPA 

receives relevant adverse comments by 

September 2, 2010. 

If we receive such comments, then we 

will publish a document withdrawing 

the final rule and informing the public 

that the rule will not take effect. All 

public comments received will then be 

addressed in a subsequent final rule 

based on the proposed rule. We will not 

institute a second comment period. 

Parties interested in commenting should 

so at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on October 4, 2010 

and no further action will be taken on 

the proposed rule. 

IV. Statutory and Executive Order 

Reviews 

This action merely makes a 

determination based on air quality data 

and does not impose any additional 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules and Regulations 45489 

Federal requirements. For that reason, 

this 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 it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 4, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Particulate matter, Wilderness areas. 

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

Dated: July 21, 2010. 

Keith Takata, 

Acting Regional Administrator, EPA Region 

IX. 

[FR Doc. 2010–19061 Filed 8–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[EPA–R02–RCRA–2010–0249; FRL–9178–8] 

New York: Incorporation by Reference 

of State Hazardous Waste Management 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Solid Waste Disposal Act, 

as amended, commonly referred to as 

the Resource Conservation and 

Recovery Act (RCRA), allows the 

Environmental Protection Agency (EPA) 

to authorize States to operate their 

hazardous waste management programs 

in lieu of the Federal program. EPA uses 

the regulations entitled ‘‘Approved State 

Hazardous Waste Management 

Programs’’ to provide notice of the 

authorization status of State programs 

and to incorporate by reference those 

provisions of the State regulations that 

will be subject to EPA’s inspection and 

enforcement. This rule does not 

incorporate by reference the New York 

hazardous waste statutes. The rule 

codifies in the regulations the prior 

approval of New York’s hazardous 

waste management program and 

incorporates by reference authorized 

provisions of the State’s regulations. 

DATES: This regulation is effective 

October 4, 2010, unless EPA receives 

adverse written comment on this 

regulation by the close of business 

September 2, 2010. If EPA receives such 

comments, it will publish a timely 

withdrawal of this direct final rule in 

the Federal Register informing the 

public that this rule will not take effect. 

The Director of the Federal Register 

approves this incorporation by reference 

as of October 4, 2010 in accordance with 

5 U.S.C. 552(a) and 1 CFR part 51. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R02– 

RCRA–2010–0249, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• E-mail: infurna.michael@epa.gov. 

• Fax: (212) 637–4437. 

• Mail: Send written comments to 

Michael Infurna, Division of 

Environmental Planning and Protection, 

EPA, Region 2, 290 Broadway, 22nd 

Floor, New York, NY 10007. 

• Hand Delivery or Courier: Deliver 

your comments to Michael Infurna, 

Division of Environmental Planning and 

Protection, EPA, Region 2, 290 

Broadway, 22nd Floor, New York, NY 

10007. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The public is 

advised to call in advance to verify the 

business hours. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID. No. EPA–R02–RCRA–2010– 

0249. EPA’s policy is that all comments 

received will be included in the public 

docket without change, 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 

Federal http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 


erowe on DSK5CLS3C1PROD with RULES