Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Proposed Rules 16795 

70.9(b)(2)(i). Accordingly, EPA is 

proposing to approve Alaska’s SIP as 

meeting the requirements of CAA 

Section 110(a)(2)(L) for the 1997 8-hour 

ozone NAAQS. 

110(a)(2)(M): Consultation/Participation 

by Affected Local Entities 

Section 110(a)(2)(M) requires states to 

provide for consultation and 

participation in SIP development by 

local political subdivisions affected by 

the SIP. 

Alaska’s submittal: Alaska’s SIP 

submittal cities AS 46.03.020 ‘‘Powers 

of the Department’’ which provides 

authority to ADEC to consult with and 

cooperate with ‘‘officials and 

representatives of any nonprofit 

corporation or organization in the state’’ 

and ‘‘persons, organizations, and 

groups, public and private, using, 

served by, interested in, or concerned 

with the environment of the state.’’ This 

section also provides authority to ADEC 

to ‘‘advise and cooperate with 

municipal, regional, and other local 

agencies and officials in the state, to 

carry out the purposes of this chapter.’’ 

Please see the TSD in the docket for this 

action for a detailed description. 

EPA analysis: AS 46.03.020 provides 

authority for local and regional 

authorities to participate and consult in 

the SIP development process. In 

addition, AS 46.14.400(d) provides 

authority for local air quality control 

programs and requires cooperative 

agreements between ADEC and local air 

quality control programs that specify the 

respective duties, funding, enforcement 

responsibilities, and procedures. 

Therefore EPA proposes to find that 

Alaska’s SIP meets the requirements of 

CAA Section 110(a)(2)(M) for the 1997 

8-hour ozone NAAQS. 

VI. Scope of Proposed Action 

The SIP approval does not extend to 

sources or activities located in Indian 

Country, as defined in 18 U.S.C. 1151. 

EPA will continue to implement the 

CAA in Indian Country in Alaska 

because ADEC has not adequately 

demonstrated authority over sources 

and activities located within the exterior 

boundaries of the Annette Island 

Reserve and other areas of Indian 

Country in Alaska. 

VII. Proposed Action 

EPA is proposing to approve the SIP 

submittal from the State of Alaska to 

demonstrate that the SIP meets the 

requirements of section 110(a)(1) and (2) 

of the CAA for the NAAQS promulgated 

for ozone on July 18, 1997. EPA is 

proposing to approve in full the 

following section 110(a)(2) 

infrastructure elements for Alaska for 

the 1997 ozone NAAQS: (A), (B), (C), 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), (M). 

EPA is taking no action on 

infrastructure elements (D)(i) and (I) for 

the 1997 ozone NAAQS. EPA is 

proposing to concurrently approve a 

number of revisions to the Alaska SIP as 

a necessary condition to approving the 

110(a)(2) infrastructure elements for 

ozone. Specifically, EPA is proposing to 

approve revisions submitted by the state 

to revise the Alaska SIP to include the 

ozone standard at an 8-hour averaging 

period, the associated federal method 

for measuring and monitoring ozone in 

ambient air, a general definition of 

ozone, federal Prevention of Significant 

Deterioration (PSD) program changes to 

regulate NOX as a precursor to ozone, 

and regulations to meet CAA section 

128. This action is being taken under 

section 110 and part C of the CAA. 

VIII. 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 Alaska, 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, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, and 

Volatile organic compounds. 

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

Dated: March 9, 2012. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2012–6923 Filed 3–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R02–OAR–2012–0032, FRL -9651–4] 

Approval and Promulgation of 

Implementation Plans and Operating 

Permits Program; Commonwealth of 

Puerto Rico; Administrative Changes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Puerto Rico Regulations 

for the Control of Atmospheric 

Pollution, submitted to EPA by the 

Puerto Rico Environmental Quality 

Board (PREQB) on July 13, 2011. This 

action proposes to approve revisions to 

Rules 102, 111, 115, 116, 609 and 

Appendix A. Generally the revisions to 

the regulations involve administrative 


srobinson on DSK4SPTVN1PROD with PROPOSALS
16796 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Proposed Rules 

changes which improve the clarity of 

the rules contained in the 

Commonwealth’s Implementation Plan 

and Operating Permits Program. They 

do not change the emission limitations 

nor add significant new requirements. 

In the ‘‘Rules and Regulations’’ section 

of this Federal Register, EPA is 

approving the Commonwealth’s SIP 

submittal as a direct final rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If EPA receives no adverse 

comments, EPA will not take further 

action on this proposed rule. If EPA 

receives adverse comments, EPA will 

withdraw the direct final rule and it will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on this proposed rule. The 

EPA will not institute a second 

comment period on this action. Any 

parties interested in commenting on this 

action should do so at this time. 

DATES: Written comments must be 

received on or before April 23, 2012. 

ADDRESSES: All comments should be 

addressed to: Raymond Werner, Chief, 

Air Programs Branch, Environmental 

Protection Agency, Region II Office, 290 

Broadway, New York, New York 10007– 

1866. 

Copies of the State submittal are 

available at the following addresses for 

inspection during normal business 

hours: 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. 

Environmental Protection Agency, 

Region 2 Caribbean Field Office 

Centro Europa Building, Suite 417, 

1492 Ponce de Leon Avenue, Stop 22, 

Santurce, Puerto Rico 00909. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10278, (212) 637–4249. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is located in the Rules 

Section of this Federal Register. 

Dated: January 30, 2012. 

Judith A. Enck, 

Regional Administrator Region 2. 

[FR Doc. 2012–6919 Filed 3–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[EPA–R06–OPPT–2011–0989; FRL–9649–6] 

Lead Requirements for Lead-Based 

Paint Activities in Target Housing and 

Child-Occupied Facilities; State of 

Arkansas’s Authorization Application, 

Notice of Self-Certification Program 

Authorization 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of program authorization; 

request for comments. 

SUMMARY: On July 8, 2011, the State of 

Arkansas submitted an application for 

EPA approval for the Arkansas 

Department of Health (ADH) to 

administer and enforce training and 

certification requirements, training 

program accreditation requirements, 

and work practice standards for leadbased paint activities in target housing 

and child-occupied facilities under 

section 402 of the Toxic Substances 

Control Act (TSCA). Previously 

Arkansas Department of Environmental 

Quality (ADEQ) was approved to 

administer this program in Arkansas, 

but the Arkansas Legislature revoked 

the State’s prior statute establishing the 

Arkansas lead-based paint program and 

passed a new statute establishing a State 

lead-based paint program and changing 

the implementing state agency from 

ADEQ to ADH. By this action, we are 

withdrawing our prior authorization of 

Arkansas with ADEQ as the 

implementing agency and authorizing 

Arkansas for the lead-based paint 

program pursuant to the Arkansas July 

8, 2011, request with the ADH as the 

implementing state agency. This 

document announces the receipt of 

Arkansas’s rules established pursuant to 

its new 2011 statutory authority, and 

provides a 45-day public comment 

period and an opportunity to request a 

public hearing on the application for the 

ADH’s program and on the withdrawal 

and termination of the prior program 

administered in Arkansas by ADEQ. 

Arkansas has provided a certification 

that their program for implementation 

by ADH meets the requirements for 

approval of a State program under 

section 404 of TSCA. Therefore, 

pursuant to section 404, the program 

submitted by Arkansas on behalf of the 

ADH is deemed authorized as of the 

date of submission. If EPA finds that the 

program does not meet the requirements 

for approval of a State program, the EPA 

Administrator will disapprove the 

program, at which time a document will 

be issued in the Federal Register and 

the Federal program will be established. 

DATES: Public comments on the 

authorization application must be 

submitted on or before May 7, 2012. 

Public hearing requests must be 

submitted on or before April 6, 2012. 

If a public hearing is requested and 

granted, the hearing will be held on 

April 24, 2012, 1:30 p.m., at the 

Arkansas Department of Health, Center 

for Public Health Practice, 4815 West 

Markham St., Little Rock, Arkansas. If a 

public hearing is not requested, this 

meeting time and place will be 

canceled. Therefore, individuals are 

advised to verify the status of the public 

hearing by contacting Cindy Parker 

(name, telephone number, and address 

are provided in the FOR FURTHER

INFORMATION CONTACT section of this 

document) before the April 24, 2012, 

public hearing date. 

Comments, identified by Docket 

Control Number EPA–R06–OPPT–2011– 

0989, must be received on or before May 

7, 2012. In addition, a public hearing 

request must be submitted on or before 

April 6, 2012. 

ADDRESSES: You may submit comments 

through the mail, in person, or 

electronically. To ensure proper receipt 

by EPA, it is important that you identify 

Docket Identification Number EPA– 

R06–OPPT–2011–0989 in the subject 

line on the first page of your response. 

Submit your comments by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. By mail: Submit your comments 

and hearing requests to: Cindy Parker, 

Toxics Section, 6PD–T, US EPA Region 

6, 1445 Ross Avenue, Dallas, Texas, 

75202–2733. 

3. By person or courier: Deliver your 

comments and hearing requests to: 

Toxics Section, Multimedia Planning 

and Permitting Division, US 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Ste 700, 

Dallas, Texas 75202–2733. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

4. By fax: 214–665–6655. 

5. By email: You may submit your 

comments and hearing requests 

electronically by email to: 

parker.cindy@epa.gov, or mail your 

computer disk to the address identified 

above. Do not submit any information 

electronically that you consider 

Confidential Business Information (CBI). 


srobinson on DSK4SPTVN1PROD with PROPOSALS