44334 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Proposed Rules 

29On November 20, 2008, EPA Region IX issued 

a PSD permit authorizing NGS to modify Units 1– 

3 with LNB + SOFA over 2009–2011. 

TABLE 38—EXISTING AIR POLLUTION CONTROLS AT NGS 

NOX control PM control SO2 control 

Units 1–3 ................................................... LNB + SOFA29 ......................................... Hot-side ESP ............................................ Wet FGD 

E. Factor 4: Remaining Useful Life of 

Facility 

1. FCPP 

The remaining useful life of the 

facility is often expressed in terms of the 

amortization period used to annualize 

the costs of control. In its analysis, APS 

used an amortization period of 20 years, 

anticipating that the remaining useful 

life of Units 1–5 is at least 20 years. 

EPA is requesting comment on the use 

of this period of time for the remaining 

useful life of FCPP. 

2. NGS 

In its analysis, SRP used an 

amortization period of 20 years, 

anticipating that the remaining useful 

life of Units 1–3 is at least 20 years. 

EPA is also requesting comment on 

the use of this period of time for the 

remaining useful life of NGS. 

III. Statutory and Executive Order 

Reviews 

Under Executive Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993), 

this is not a ‘‘significant regulatory 

action.’’ Because this action does not 

propose or impose any requirements, 

the various statutes and Executive 

Orders that apply to rulemaking do not 

apply in this case. In addition, this 

notice covers two facilities. Any future 

rulemaking would be separate, one for 

each facility. Determinations of 

significance and applicability of any 

Executive Order or statute would 

depend upon the content of each 

individual rulemaking. Should EPA 

subsequently determine to pursue 

rulemaking and propose BART for these 

facilities, EPA will address the statutes 

and Executive Orders as applicable to 

those individual proposed actions. 

Nevertheless, the Agency welcomes 

comments and/or information that 

would help the Agency to assess any of 

the following: tribal implications 

pursuant to Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000); 

environmental health or safety effects 

on children pursuant to Executive Order 

13045, entitled Protection of Children 

from Environmental Health Risks and 

Safety Risks (62 FR 19885, April 23, 

1997); energy effects pursuant to 

Executive Order 13211, entitled Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001); Paperwork burdens pursuant 

to the Paperwork Reduction Act (PRA) 

(44 U.S.C. 3501); or human health or 

environmental effects on minority or 

low-income populations pursuant to 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994). The Agency will 

consider such comments during the 

development of any subsequent 

rulemaking. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Oxides of nitrogen, 

Particulate matter, Regional haze. 

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

Dated: August 19, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–20826 Filed 8–27–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0385; FRL–8948–5] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District and Santa Barbara County Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) and the Santa Barbara 

County Air Pollution Control 

(SBCAPCD) portions of the California 

State Implementation Plan (SIP). We are 

proposing to approve these local rules 

that are administrative and address 

changes for clarity and consistency 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: Any comments on this proposal 

must arrive by September 28, 2009. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2009–0385, 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 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: 

Cynthia G. Allen, EPA Region IX, (415) 

947–4120, allen.cynthia@epa.gov. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Proposed Rules 44335 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rules: SJVUAPCD Rule 1020, Definitions 

and SBCAPCD Rule 102, Definitions. 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: August 11, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–20805 Filed 8–27–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0079; FRL–8944–9] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

Air Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Antelope Valley Air 

Quality Management District 

(AVAQMD) portion of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

leaking components at industrial 

facilities such as petroleum refineries 

and chemical manufacturing plants. We 

are proposing to approve a local rule to 

regulate these emission sources under 

the Clean Air Act as amended in 1990 

(CAA or the Act). At the same time, we 

are also approving a Negative 

Declaration and removing rules from the 

SIP. 

DATES: Any comments on this proposal 

must arrive by September 28, 2009. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2009–0079a, 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 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: Jerry 

Wamsley, EPA Region IX, (415) 947– 

4111, wamsley.jerry@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rules: Rule 1173—Fugitive Emissions of 

Volatile Organic Compounds, Rule 

465—Vacuum Producing Devices or 

Systems, Rule 466—Pumps and 

Compressors, 466.1—Valves and 

Flanges, and Rule 467—Pressure Relief 

Devices. In the Rules and Regulations 

section of this Federal Register, we are 

approving amendments to Rule 1173 

and removing Rules 465, 466, 466.1, and 

467 from the SIP 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: May 13, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–20828 Filed 8–27–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS-R2-ES-2009-0032] 

[92210-1117-0000-B4] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To List the Sonoran 

Population of Desert Tortoise 

(Gopherus agasizzii) as a Distinct 

Population Segment (DPS) With 

Critical Habitat 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of petition finding and 

initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce a 90–day 

finding on a petition to list the Sonoran 

desert tortoise (Gopherus agasizzii) as a 

distinct population segment (DPS) 

under the Endangered Species Act of 

1973, as amended, and designate critical 

habitat. On the basis of our review of the 

petition and information readily 

available in our files, we have 

determined that there is substantial 

information indicating that the Sonoran 


jlentini on DSKJ8SOYB1PROD with PROPOSALS