Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Proposed Rules 10423 

and/or requests for a hearing, 

Oluwafunmilayo (Funmi) Taylor, at 

(202) 622–7180 (not toll-free 

numbers).’’. 

2. On page 78596, column 1, in the 

preamble, under the caption 

‘‘Explanation of Provisions’’, paragraph 

B. 2., line three, the language ‘‘or 

executor is a bank, financial’’ is 

corrected to read ‘‘is a bank, financial’’. 

3. On page 78596, column 1, in the 

preamble, under the caption 

‘‘Explanation of Provisions’’, paragraph 

B.2., the fourth line from the bottom of 

the first full paragraph, the language 

‘‘under sections 671 through 679 and 

the’’ is corrected to read ‘‘under sections 

671 through 678 and the’’. 

Guy R. Traynor, 

Federal Register Liaison, Legal Processing 

Division, Publications and Regulations Br. 

(Procedure and Administration) 

[FR Doc. 2012–3904 Filed 2–21–12; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0958; FRL- 9634–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Amendments to West 

Virginia’s Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of West 

Virginia (West Virginia). This revision 

pertains to amendments of West 

Virginia’s Legislative Rule regarding 

ambient air quality standards (45CSR8- 

Ambient Air Quality Standards). These 

amendments incorporate by reference 

the National Ambient Air Quality 

Standards (NAAQS) for sulfur dioxide, 

particulate matter, carbon monoxide, 

ozone, nitrogen dioxide, and lead. This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: Written comments must be 

received on or before March 23, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0958 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0958, 

Cristina Fernandez, 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–2011– 

0958. EPA’s policy is that all comments 

received 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 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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov, your 

email 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 

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 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 West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. 

I. Background 

On July 8, 2011, the West Virginia 

Department of Environmental Protection 

submitted a SIP revision pertaining to 

amendments of Legislative Rule 

45CSR8—Ambient Air Quality 

Standards. EPA had approved a 

previous revision of Legislative Rule 

45CSR8 on February 10, 2009 (74 FR 

6552). 

II. Summary of SIP Revision 

Amendments to 45CSR8 consist of 

revisions to section 45–8–1—General, 

subpart 1.6—Former Rules, in which the 

effective and filed dates were revised to 

represent the most recent changes to the 

NAAQS and the addition of subpart 

1.5—Incorporation by Reference to 

section 45–8–1 to incorporate by 

reference 40 CFR part 50—National 

Primary and Secondary Ambient Air 

Quality Standards and 40 CFR part 53— 

Ambient Air Monitoring Reference and 

Equivalent Methods, effective June 1, 

2010. The previous version of 45CSR8 

merely stated EPA standards for the 

NAAQS and the revised version 

incorporates by reference the NAAQS 

and monitoring reference and 

equivalency methods. Also, other 

amendments to 45CSR8 include the 

addition of section 45–8–3—Adoption 

of Standards and the removal of section 

45–8–2—Anti-Degradation Policy, 

section 45–8–4—Ambient Air Quality 

Standards, section 45–8–5—Methods of 

Measurement, and section 45–8–6— 

Reference Conditions. 

III. Proposed Action 

EPA is proposing to approve the West 

Virginia SIP revision regarding the 

incorporation by reference of the 

NAAQS for sulfur dioxide, particulate 

matter, carbon monoxide, ozone, 

nitrogen dioxide, and lead into 

45CSR8—Ambient Air Quality 

Standards, which was submitted on July 

12, 2011. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
10424 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Proposed Rules 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 action 

merely proposes to approve 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 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, the proposed approval of 

the West Virginia SIP revision regarding 

the incorporation by reference of the 

NAAQS for sulfur dioxide, particulate 

matter, carbon monoxide, ozone, 

nitrogen dioxide, and lead into 45CSR8– 

Ambient Air Quality Standards, 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, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: February 6, 2012. 

W. C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–3918 Filed 2–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0695; FRL–9635–3] 

Approval and Promulgation of 

Implementation Plans; Wisconsin; 

Volatile Organic Compound Emission 

Control Measures for Milwaukee and 

Sheboygan Ozone Nonattainment 

Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On September 1, 2009, 

November 16, 2011, and January 26, 

2012, the Wisconsin Department of 

Natural Resources (WDNR) submitted 

several volatile organic compound 

(VOC) rules for approval into its State 

Implementation Plan (SIP). The purpose 

of these rules is to satisfy the Clean Air 

Act’s (the Act) requirement that states 

revise their SIPs to include reasonably 

available control technology (RACT) for 

sources of VOC emissions in moderate 

ozone nonattainment areas. Wisconsin’s 

VOC rules provide RACT requirements 

for the Milwaukee-Racine and 

Sheboygan 8-hour ozone nonattainment 

areas. These rules are approvable 

because they are consistent with the 

Control Technique Guideline (CTG) 

documents issued by EPA in 2006 and 

2007 and satisfy the RACT requirements 

of the Act. 

DATES: Comments must be received on 

or before March 23, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0695, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: aburano.douglas@epa.gov. 

• Fax: (312) 408–2279. 

• Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

• Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, 18th floor, 

Chicago, Illinois 60604. Such deliveries 

are only accepted during the Regional 

Office’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0695. EPA’s policy is that all comments 

received 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 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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov your email 

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 instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS