Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Proposed Rules 33181 

Written comments will be accepted 

through July 29, 2011, and may be sent 

to the Designated Federal Officer listed 

in the FOR FURTHER INFORMATION

CONTACT section above. All tribal 

consultation meetings are open to the 

public; however, transportation, 

lodging, and meals are the responsibility 

of the participating public. 

Dated: May 31, 2011. 

Paul Tsosie, 

Chief of Staff, Assistant Secretary—Indian 

Affairs. 

[FR Doc. 2011–14038 Filed 6–7–11; 8:45 am] 

BILLING CODE 4310–W7–P 

DEPARTMENT OF THE INTERIOR 

National Indian Gaming Commission 

25 CFR Chapter III 

Regulatory Review Schedule 

AGENCY: National Indian Gaming 

Commission. 

ACTION: Notice of additional regulatory 

groups to be discussed at tribal 

consultations. 

SUMMARY: On November 18, 2010, the 

National Indian Gaming Commission 

(NIGC) issued a Notice of Inquiry and 

Notice of Consultation advising the 

public that the NIGC was conducting a 

comprehensive review of all its 

regulations and requesting public 

comment on the process for conducting 

the regulatory review. On April 4, 2011, 

after holding eight consultation 

meetings and reviewing all comments, 

NIGC published a Notice of Regulatory 

Review Schedule setting out detailed 

consultation schedules and review 

processes. NIGC divided the regulations 

to be reviewed into five groups, and 

each group will be reviewed in three 

phases, the Drafting Phase, the Notice of 

Proposed Rulemaking phase, and the 

Notice of Final Rule Phase. 

The purpose of this document is to 

add regulatory groups to five scheduled 

tribal consultations. 

DATES: See SUPPLEMENTARY INFORMATION

below for dates and locations of 

consultations that will include 

additional regulatory groups for 

discussion. 

FOR FURTHER INFORMATION CONTACT: Lael 

Echo-Hawk, National Indian Gaming 

Commission, 1441 L Street, NW., Suite 

9100, Washington, DC 20005. 

Telephone: 202–632–7003; e-mail: 

reg.review@nigc.gov. 

SUPPLEMENTARY INFORMATION: On 

November 18, 2010, the National Indian 

Gaming Commission (NIGC) issued a 

Notice of Inquiry and Notice of 

Consultation advising the public that it 

was conducting a comprehensive review 

of all regulations promulgated to 

implement 25 U.S.C. 2701–2721 of the 

Indian Gaming Regulatory Act (IGRA) 

and requesting public comment on the 

process for conducting the regulatory 

review. On April 4, 2011, after holding 

eight consultation meetings and 

reviewing all comments, NIGC 

published a Notice of Regulatory 

Review Schedule in the Federal 

Register setting out detailed 

consultation schedules and review 

processes. (76 FR 18457, April 4, 2011). 

The Commission’s regulatory review 

process establishes a detailed tribal 

consultation schedule with a 

description of the regulation groups to 

be covered at each consultation. This 

document advises the public that the 

agendas of the following tribal 

consultations are amended to include 

review of all five regulatory groups. 

Consultation date Event Location Regulation 

group(s) 

July 20–21, 2011 ..................... NIGC Consultation—Southwest ............................................... Route 66 Casino Hotel, Albuquerque, NM.1, 2, 3, 4, 5 

July 28–29, 2011 ..................... NIGC Consultation—Northeast ................................................ DOI South Auditorium, Washington, DC.1, 2, 3, 4, 5 

Aug. 18–19, 2011 .................... Oklahoma Indian Gaming Association Conference ................. Tulsa, OK ................................ 1, 2, 3, 4, 5 

Aug. 25–26, 2011 .................... NIGC Consultation—Southwest ............................................... Wild Horse Resort Casino, 

Scottsdale, AZ.

1, 2, 3, 4, 5 

Sept. 7–8, 2011 ....................... NIGC Consultation—United Tribes International Powwow ...... Radisson Hotel, Bismarck, ND 1, 2, 3, 4, 5 

For additional information on 

consultation locations and times, please 

refer to the Web site of the National 

Indian Gaming Commission, http:// 

www.nigc.gov. Please RSVP at 

consultation.rsvp@nigc.gov. 

Please note that the Commission 

intends to post all written comments 

received during the regulatory review 

process on the Tribal Consultation 

webpage of the NIGC Web site located 

at http://www.nigc.gov. 

Authority: 25 U.S.C. 2706(b)(10); E.O. 

13175. 

Dated: June 3, 2011, Washington, DC. 

Tracie L. Stevens, 

Chairwoman. 

Steffani A. Cochran, 

Vice-Chairwoman. 

Daniel J. Little, 

Associate Commissioner. 

[FR Doc. 2011–14100 Filed 6–7–11; 8:45 am] 

BILLING CODE 7565–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0429; FRL–9316–8] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). This 

revision concerns volatile organic 

compound (VOC) emissions from 

brandy and wine aging operations. We 

are approving a local rule that regulates 


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33182 Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Proposed Rules 

these emission sources under the Clean 

Air Act as amended in 1990 (CAA or the 

Act). We are taking comments on this 

proposal and plan to follow with a final 

action. 

DATES: Any comments must arrive by 

July 8, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0429, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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 email 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. 

Docket: Generally, documents in the 

docket for this action are 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 at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps), 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: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, 

vineyard.christine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. EPA Recommendations to Further 

Improve the Rule 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule addressed by this 

proposal with the dates that it was 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

SJVUAPCD ............................. 4695 Brandy Aging and Wine Aging Operations ............................ 09/17/09 05/17/10 

On June 8, 2010, EPA determined that 

the submittal for SJVUAPCD Rule 4695 

met the completeness criteria in 40 CFR 

Part 51 Appendix V, which must be met 

before formal EPA review. 

B. Are there other versions of this rule? 

There are no previous versions of 

Rule 4695 in the SIP. 

C. What is the purpose of the submitted 

rule? 

VOCs help produce ground-level 

ozone and smog, which harm human 

health and the environment. Section 

110(a) of the CAA requires States to 

submit regulations that control VOC 

emissions. Rule 4695 limits VOC 

emissions from large brandy aging and 

wine aging operations. EPA’s technical 

support document (TSD) has more 

information about this rule. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), must require Reasonably Available 

Control Technology (RACT) for each 

category of sources covered by a Control 

Techniques Guidelines (CTG) document 

as well as each major source in 

nonattainment areas (see sections 

182(a)(2) and (b)(2)), and must not relax 

existing requirements (see sections 

110(l) and 193). The SJVUAPCD 

regulates an extreme ozone 

nonattainment area (see 40 CFR part 81), 

so Rule 4695 must fulfill RACT. 

Guidance and policy documents that 

we use to evaluate enforceability and 

RACT requirements consistently 

include the following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook). 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

3. ‘‘Reasonably Available Control 

Technology (RACT) Demonstration for 

Ozone State Implementation Plans 

(SIP)’’ SJVAPCD, April 16, 2009. 

B. Does the rule meet the evaluation 

criteria? 

We believe this rule is consistent with 

the relevant policy and guidance 

regarding enforceability, RACT, and SIP 

relaxations. Rule 4695 Section 5.5 

requires all brandy aging operations be 

conducted in a warehouse that is 

initially certified and maintained as a 

Permanent Total Enclosure (PTE) using 

the requirements of EPA Method 204. 

The TSD has more information on our 

evaluation. 

C. EPA Recommendations to Further 

Improve the Rule 

The TSD describes additional rule 

revisions that we recommend for the 

next time the local agency modifies Rule 

4695 but are not currently the basis for 

rule disapproval. 

D. Public Comment and Final Action 

Because EPA believes the submitted 

rule fulfills all relevant requirements, 

we are proposing to fully approve it as 

described in section 110(k)(3) of the Act. 

We will accept comments from the 

public on this proposal for the next 30 

days. Unless we receive convincing new 

information during the comment period, 

we intend to publish a final approval 

action that will incorporate this rule 

into the federally enforceable SIP. 


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Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Proposed Rules 33183 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this 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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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 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, Intergovernmental 

relations, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: May 19, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2011–14201 Filed 6–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 174 

[EPA–HQ–OPP–2009–0609; FRL–8874–8] 

Receipt of a Pesticide Petition Filed for 

Residues of Pesticide Chemicals in or 

on Various Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of filing of petition and 

request for comment. 

SUMMARY: This document announces the 

Agency’s receipt of an initial filing of a 

pesticide petition requesting the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before July 8, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0609 and 

the pesticide petition number (PP), by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2009– 

0609 and the PP. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line at http:// 

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 regulations.gov or email. The 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 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the 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 docket 

are listed in the docket index available 

at http://www.regulations.gov. 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, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. 

S–4400, One Potomac Yard (South 

Bldg.), 2777 S. Crystal Dr., Arlington, 

VA. The hours of operation of this 

Docket Facility are from 8:30 a.m. to 4 

p.m., Monday through Friday, excluding 

legal holidays. The Docket Facility 

telephone number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Mike Mendelsohn, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 


jlentini on DSK4TPTVN1PROD with PROPOSALS