72964 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R09–OAR–2010–0718; FRL–9233–1] 

Determinations of Attainment by the 

Applicable Attainment Date for the 

Hayden, Nogales, Paul Spur/Douglas 

PM10 Nonattainment Areas, Arizona; 

Withdrawal of Direct Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of an 

adverse comment, EPA is withdrawing 

the November 2, 2010 (75 FR 67220), 

direct final rule determining that the 

Hayden, Nogales, and Paul Spur/ 

Douglas areas in Arizona had attained 

the national ambient air quality 

standard (NAAQS) for particulate matter 

with an aerodynamic diameter of less 

than or equal to ten microns by the 

applicable attainment date. On the basis 

of this determination, EPA concluded 

that these three ‘‘moderate’’ 

nonattainment areas were not subject to 

reclassification. In the direct final rule, 

EPA stated that if adverse comments 

were submitted by December 2, 2010, 

the rule would be withdrawn and not 

take effect. On November 3, 2010, EPA 

received a comment. EPA believes this 

comment is adverse and, therefore, EPA 

is withdrawing the direct final rule. EPA 

will address the comment in a 

subsequent final action based upon the 

proposed action also published on 

November 2, 2010 (75 FR 67303). EPA 

will not institute a second comment 

period on this action. 

DATES: The direct final rule published at 

75 FR 67220 on November 2, 2010, is 

withdrawn as of November 29, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax, Air Planning Office, Air 

Division (AIR–2), Environmental 

Protection Agency, Region 9, 75 

Hawthorne Street, San Francisco, CA 

94105, (415) 947–4192, 

tax.wienke@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, National Parks, Particulate 

matter, Wilderness Areas. 

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

Dated: November 19, 2010. 

Keith Takata, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2010–29937 Filed 11–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–0642; FRL–9231–8] 

Disapproval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Addition of Incentive for Regulatory 

Flexibility for Its Environmental 

Stewardship Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On July 6, 2007, the Indiana 

Department of Environmental 

Management (IDEM) submitted a 

request to EPA to amend its State 

Implementation Plan (SIP) to add 

incentives for regulatory flexibility for 

participants in its Environmental 

Stewardship Program (ESP) and 

Comprehensive Local Environmental 

Action Network (CLEAN) Community 

Challenge Program. Indiana requested 

that EPA approve the following for ESP 

and CLEAN members: The 

incorporation by reference of certain 

incentives under the National 

Environmental Performance Track 

(NEPT) Program, monthly averaging of 

volatile organic compound (VOC) 

coating limits, and the processing of 

pollution prevention projects as minor 

permit revisions. EPA proposed to 

disapprove these three incentives on 

August 19, 2010, and received no 

comments. 

DATES: This final rule is effective on 

December 29, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Nos. EPA–R05–OAR–2007–0642. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(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 through 

http://www.regulations.gov or in hard 

copy at the Environmental Protection 

Agency, Region 5, Air and Radiation 

Division, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. This facility is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Steven Rosenthal, 

Environmental Engineer, at (312) 886– 

6052 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6052. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. What public comments were received on 

the proposed approval and what is EPA’s 

response? 

II. What action is EPA taking today and what 

is the reason for this action? 

III. Statutory and Executive Order Reviews 

I. What public comments were received 

on the proposed approval and what is 

EPA’s response? 

EPA’s August 19, 2010, proposed 

action at 75 FR 51188 provided a 30-day 

public comment period. We did not 

receive any comments on the proposed 

action. 

II. What action is EPA taking today and 

what is the reason for this action? 

EPA is disapproving IDEM’s request 

for an amendment to the Indiana SIP for 

incentives for regulatory flexibility for 

its ESP and CLEAN Community 

Challenge Program. EPA is disapproving 

the incorporation by reference of 

Federal incentives for NEPT members 

because EPA has discontinued its NEPT 

program. EPA is disapproving monthly 

averaging of VOC coating limits because 

this would constitute a relaxation that 

could exacerbate high ozone levels and 

contribute to violations of the ozone 

standard. EPA is disapproving the third 

incentive, which affects public notice 

requirements for pollution prevention 

projects, because it relaxes the existing 

SIP-approved public notice 

requirements and is inconsistent with 

EPA minor new source rule 

requirements. 

III. Statutory and Executive Order 

Reviews 

Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and, 

therefore, is not subject to review by the 

Office of Management and Budget. 

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