8888 Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Proposed Rules 

attainment under section 107(d)(3)(E) of 

the CAA does not impose any new 

requirements on small entities. 

Redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on sources. Accordingly, 

the Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). 

Unfunded Mandates Reform Act 

Because this rule proposes to approve 

pre-existing requirements under State 

law, and does not impose any additional 

enforceable duty beyond that required 

by State law, it 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). 

Executive Order 13132: Federalism 

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). Redesignation is an 

action that merely affects the status of 

a geographical area, does not impose 

any new requirements on sources, or 

allows a State to avoid adopting or 

implementing other requirements, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed rule 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). 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This proposed rule also is not subject 

to Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ 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). 

National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTA), 15 U.S.C. 272, 

requires Federal agencies to use 

technical standards that are developed 

or adopted by voluntary consensus to 

carry out policy objectives, so long as 

such standards are not inconsistent with 

applicable law or otherwise 

impracticable. In reviewing program 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the CAA. Absent a prior 

existing requirement for the State to use 

voluntary consensus standards, EPA has 

no authority to disapprove a program 

submission for failure to use such 

standards, and it would thus be 

inconsistent with applicable law for 

EPA to use voluntary consensus 

standards in place of a program 

submission that otherwise satisfies the 

provisions of the CAA. Redesignation is 

an action that affects the status of a 

geographical area but does not impose 

any new requirements on sources. Thus, 

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. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Volatile organic compounds. 

40 CFR Part 81 

Air pollution control, Environmental 

protection, National parks, Wilderness 

areas. 

Dated: February 10, 2010. 

Walter W. Kovalick Jr., 

Acting Regional Administrator, Region 5. 

[FR Doc. 2010–3680 Filed 2–25–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R09–OAR–2010–0044; FRL–9111–1] 

Delegation of National Emission 

Standards for Hazardous Air Pollutants 

for Source Categories; State of 

Arizona, Maricopa County Air Quality 

Department; State of Nevada, Nevada 

Division of Environmental Protection, 

Washoe County District Health 

Department 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to section 112(l) of 

the 1990 Clean Air Act, EPA granted 

delegation of specific national emission 

standards for hazardous air pollutants 

(NESHAP) to the Maricopa County Air 

Quality Department on April 28, 2009, 

to the Nevada Division of 

Environmental Protection on December 

1, 2008, and to the Washoe County 

District Health Department, Air Quality 

Management Division on February 26, 

2009. EPA is proposing to revise the 

Code of Federal Regulations to reflect 

the current delegation status of NESHAP 

in Arizona and Nevada. 

DATES: Any comments on this proposal 

must arrive by March 29, 2010. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–0044, 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 

e-mail directly to EPA, your e-mail 

address will be automatically captured 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Proposed Rules 8889 

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. 

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: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@epa.gov. 

SUPPLEMENTARY INFORMATION: 

This document concerns the 

delegation of unchanged NESHAP to the 

Maricopa County Air Quality 

Department, the Nevada Division of 

Environmental Protection, and the 

Washoe County District Health 

Department, Air Quality Management 

Division. In the Rules and Regulations 

section of this Federal Register, EPA is 

amending regulations to reflect the 

current delegation status of NESHAP in 

Arizona and Nevada. EPA is taking 

direct final action without prior 

proposal because the Agency believes 

this action is 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. 

Authority: This action is issued under the 

authority of Section 112 of the Clean Air Act, 

as amended, 42 U.S.C. Section 7412. 

Dated: January 20, 2010. 

Deborah Jordan, 

Director, Air Division, Region IX. 

[FR Doc. 2010–4077 Filed 2–25–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 372 

[EPA–HQ–TRI–2009–0844; FRL–9119–2] 

RIN 2025–AA27 

Hydrogen Sulfide; Community Rightto-Know Toxic Chemical Release 

Reporting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Intent to consider lifting 

administrative stay; opportunity for 

public comment. 

SUMMARY: EPA is announcing that it is 

considering whether to lift the 

Administrative Stay of the Emergency 

Planning and Community Right-toKnow Act (EPCRA) section 313 toxic 

chemical release reporting requirements 

for hydrogen sulfide (Chemical 

Abstracts Service Number (CAS No.) 

7783–06–4). Hydrogen sulfide was 

added to the EPCRA section 313 list of 

toxic chemicals in a final rule published 

in the Federal Register on December 1, 

1993. However, on August 22, 1994, 

EPA issued an Administrative Stay of 

the reporting requirements for hydrogen 

sulfide in order to evaluate issues 

brought to the Agency’s attention after 

promulgation of the final rule 

concerning the human health effect 

basis for the listing and the Agency’s 

use of exposure analysis in EPCRA 

section 313 listing decisions. Although 

the final rule listing hydrogen sulfide 

under section 313 of EPCRA remained 

in force, the stay deferred the reporting 

requirements for hydrogen sulfide while 

EPA completed this further evaluation. 

EPA has now completed its further 

evaluation, including a consideration of 

additional information that has become 

available since the stay was put in place 

regarding the human health and 

environmental effects of hydrogen 

sulfide. Based on this further 

evaluation, EPA believes that the 

Administrative Stay should be lifted. By 

this current action, EPA is not revisiting 

the original listing decision, which was 

accomplished by final rule on December 

1, 1993. Rather, EPA is merely 

presenting its rationale for why the 

Administrative Stay of the reporting 

requirements for hydrogen sulfide 

should be lifted. After consideration of 

comments received, the Agency will 

issue another Federal Register 

document responding to comments and 

taking appropriate action. 

DATES: Comments must be received on 

or before April 27, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

TRI–2009–0844, by one of the following 

methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: oei.docket@epa.gov. 

• Mail: Office of Environmental 

Information (OEI) Docket, 

Environmental Protection Agency, Mail 

Code: 28221T, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460 

• Hand Delivery: EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20460. 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–TRI–2009– 

0844. 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 e-mail. 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 e-mail 

comment directly to EPA without going 

through 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, avoid any 

form of encryption, and be free of any 

defects or viruses. 

Docket: All documents in the docket 

are listed in the 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 


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