81836 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 

Compensation for Service-Connected 

Disability. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. John 

R. Gingrich, Chief of Staff, Department 

of Veterans Affairs, approved this 

document on November 28, 2011, for 

publication. 

List of Subjects in 38 CFR Part 3 

Administrative practice and 

procedure, Claims, Disability benefits, 

Health care, Pensions, Radioactive 

materials, Veterans, Vietnam. 

Dated: December 22, 2011. 

Robert C. McFetridge, 

Director of Regulation Policy and 

Management, Office of the General Counsel, 

Department of Veterans Affairs. 

For the reasons set out in the 

preamble, VA amends 38 CFR part 3 as 

follows: 

PART 3—ADJUDICATION 

■ 1. The authority citation for part 3, 

subpart A continues to read as follows: 

Authority: 38 U.S.C. 501(a), unless 

otherwise noted. 

§ 3.317 [Amended] 

■ 2. In § 3.317, paragraph (a)(1)(i), 

remove the date ‘‘December 31, 2011’’ 

and add, in its place, ‘‘December 31, 

2016’’. 

[FR Doc. 2011–33222 Filed 12–28–11; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0032; FRL–9613–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; Albuquerque/Bernalillo 

County; Prevention of Significant 

Deterioration; Greenhouse Gas 

Tailoring Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving a 

revision to the Albuquerque/Bernalillo 

County, New Mexico State 

Implementation Plan (SIP) that was 

submitted by the Governor of New 

Mexico to EPA on December 15, 2010. 

This SIP revision modifies 

Albuquerque/Bernalillo County’s 

Prevention of Significant Deterioration 

(PSD) program to establish appropriate 

emission thresholds for determining 

which new stationary sources and 

modification projects become subject to 

Albuquerque/Bernalillo County’s PSD 

permitting requirements for their 

greenhouse gas (GHG) emissions. EPA is 

fully approving the Albuquerque/ 

Bernalillo County, New Mexico 

December 15, 2010 PSD SIP revision 

because the Agency has determined that 

this PSD SIP revision is in accordance 

with section 110 and part C of the 

Federal Clean Air Act and EPA 

regulations regarding PSD permitting for 

GHGs. 

DATES: This final rule will be effective 

January 30, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2011–0032. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information the 

disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

(214) 665–7253 to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. A 15 cent 

per page fee will be charged for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area on the seventh 

floor at 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733. 

The State submittal related to this SIP 

revision, and which is part of the EPA 

docket, is also available for public 

inspection at the Local Air Agency 

listed below during official business 

hours by appointment: 

Albuquerque Environmental Health 

Department, Suite 3023, 3rd floor, One 

Civic Plaza, 400 Marquette Avenue 

NW., Albuquerque, New Mexico 87102. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

final rule, please contact Mr. Mike 

Miller (6PD–R), Air Permits Section, 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 

1200, Dallas, TX 75202–2733. The 

telephone number is (214) 665–7550. 

Mr. Miller can also be reached via 

electronic mail at 

miller.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

the EPA. This supplementary 

information section is arranged as 

follows: 

I. What is the background for this action? 

II. What final action is EPA taking? 

III. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

The background for EPA’s national 

actions pertaining to GHG’s as well as 

today’s action is discussed in detail in 

our September 26, 2011 proposal (76 FR 

59334). The comment period was open 

for thirty days and no comments were 

received. 

II. What final action is EPA taking? 

We are fully approving Albuquerque/ 

Bernalillo County’s December 15, 2010, 

SIP submittal, relating to PSD 

requirements for GHG-emitting sources 

in Albuquerque/Bernalillo County. 

Specifically, the SIP revision establishes 

appropriate emissions thresholds for 

determining PSD applicability to new 

and modified GHG-emitting sources in 

accordance with EPA’s Tailoring Rule. 

We are approving this SIP revision 

because it is in accordance with the 

Clean Air Act (CAA) and EPA 

regulations regarding PSD permitting for 

GHGs. 

As explained in our proposed 

approval of the Albuquerque/Bernalillo 

County December 15, 2010, SIP 

revision, 76 FR 59334 (September 26, 

2011), since we are approving 

Albuquerque/Bernalillo County’s 

changes to its air quality regulations to 

incorporate the appropriate thresholds 

for GHG permitting applicability into its 

SIP, then paragraph (e) in Section 

52.1634 of 40 CFR part 52, as included 

in EPA’s SIP Narrowing Rule—which 

codifies EPA’s limiting its approval of 

Albuquerque/Bernalillo County’s PSD 

SIP to not cover the applicability of PSD 

to GHG-emitting sources below the 

Tailoring Rule thresholds—is no longer 

necessary. In today’s action, we are also 

amending Section 52.1634 of 40 CFR 

part 52 to remove this unnecessary 

regulatory language. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 81837 

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 Clean Air 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, 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 the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 27, 

2012. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purpose of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

and Reporting and recordkeeping 

requirements. 

Dated: December 14, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart GG—New Mexico 

■ 2. The second table in § 52.1620(c) 

entitled ‘‘EPA Approved Albuquerque/ 

Bernalillo County, NM Regulations’’ is 

amended by revising the entry for ‘‘Part 

61 (20.11.61), Prevention of Significant 

Deterioration,’’ to read as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

* * * * * 

EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS

State citation Title/subject 

State approval/effective 

date 

EPA approval date Explanation 

*******

New Mexico Administrative Code (NMAC) Title 20—Environment Protection, Chapter 11—Albuquerque/Bernalillo County Air Quality 

Control Board 

*******

Part 61 (20.11.61) .......... Prevention of Significant Deterioration.1/10/2011 12/29/11 [Insert FR 

page number where 

document begins].

Only sections 20.11.61.6, 20.11.61.7, 

20.11.61.11, 20.11.61.12, 20.11.61.20, and 

20.11.61.27 of Part 61 are approved as of 

12/29/11. The remainder of Part 61 remains 

unchanged from EPA’s approval of April 26, 

2007 (72 FR 20728). 


tkelley on DSK3SPTVN1PROD with RULES
81838 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 

EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS—Continued 

State citation Title/subject 

State approval/effective 

date 

EPA approval date Explanation 

*******

§ 52.1634 [Amended] 

■ 3. Section 52.1634 is amended by 

removing paragraphs (d) and (e). 

[FR Doc. 2011–33280 Filed 12–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0314; FRL–9613–2] 

Approval and Promulgation of 

Implementation Plans; Oklahoma; 

Interstate Transport of Pollution 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving severable 

portions of State Implementation Plan 

(SIP) revisions submitted by Oklahoma 

to address Clean Air Act (CAA) 

requirements that prohibit air emissions 

which will contribute significantly to 

nonattainment in, or interfere with 

maintenance by, any other State for the 

1997 fine particulate matter (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS or standards) and the 2006 24- 

hour PM2.5 NAAQS. EPA is also 

approving the severable portion of a SIP 

revision submitted by the State of 

Oklahoma to address the CAA 

requirement that prohibits air emissions 

which will contribute significantly to 

nonattainment in any other State for the 

1997 8-hour ozone National Ambient 

Air Quality Standards (NAAQS or 

standards). EPA is taking no action at 

this time on the severable portion of the 

SIP revision submitted to address the 

CAA requirement that prohibits air 

emissions which will interfere with 

maintenance of the 1997 ozone NAAQS 

in any other State. This action is being 

taken under section 110 of the CAA. 

DATES: This final rule is effective on 

January 30, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2007–0314. 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, 

e.g., Confidential Business Information 

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 Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 Freedom of 

Information Act Review Room between 

the hours of 8:30 a.m. and 4:30 p.m. 

weekdays except for legal holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

(214) 665–7253 to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The state submittal is also available 

for public inspection during official 

business hours, by appointment, at the 

Oklahoma Department of Environmental 

Quality, 707 North Robinson, P.O. Box 

1677, Oklahoma City, Oklahoma 73101– 

1677. 

FOR FURTHER INFORMATION CONTACT: Carl 

Young, Air Planning Section (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–6645; email address 

young.carl@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

Outline 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

The background for today’s action is 

discussed in detail in our October 17, 

2011, proposal (76 FR 64065). In that 

notice, we addressed severable portions 

of SIP revisions submitted by the state 

of Oklahoma to address the requirement 

in section 110(a)(2)(D)(i)(I) of the Clean 

Air Act that all SIPs contain adequate 

provisions to prohibit emissions that 

significantly contribute to 

nonattainment of the NAAQS in another 

state and to prohibit emissions that 

interfere with maintenance of the 

NAAQS in another state. 42 U.S.C. 

7410(a)(2)(D)(i)(I). Specifically, we 

proposed to (1) disapprove, or in the 

alternative, approve the severable 

portion of the May 1, 2007, SIP 

submittal asserting that Oklahoma does 

not interfere with maintenance of the 

1997 8-hour ozone NAAQS in other 

states, (2) approve the severable portion 

of the May 1, 2007, SIP submittal 

asserting that Oklahoma emissions do 

not contribute significantly to 

nonattainment of the 1997 8-hour ozone 

NAAQS in other states, and (3) approve 

the severable portions of the May 1, 

2007, and April 5, 2011, SIP submittals 

asserting that Oklahoma emissions do 

not contribute significantly to 

nonattainment in, or interfere with 

maintenance of the 1997 and 2006 PM2.5

NAAQS in other states. 

We received comments on our 

proposal from (1) the Oklahoma 

Department of Environmental Quality, 

(2) Western Farmers Electric 

Cooperative and Oklahoma Gas and 

Electric Company, and (3) the Oklahoma 

Attorney General. The comments are 

available for review in the electronic 

docket for this rulemaking at the 

regulations.gov Web site (Docket No. 

EPA–R06–OAR–2007–0314). All the 

comments addressed our proposal to 

disapprove, or in the alternative, 

approve the severable portion of the 

May 1, 2007, SIP submittal 

demonstrating Oklahoma does not 

interfere with maintenance of the 1997 

8-hour ozone NAAQS in other states. 

We are not taking any final action at this 

time on that severable portion of our 

October 17, 2011 proposal. Therefore, 

we are also not addressing at this time 

the comments we received regarding 

that severable portion of the proposal. 

We intend to respond to comments and 

take a final action in a future 

rulemaking. 

We did not receive any adverse 

comments regarding our proposal to 

approve the severable portions of the 

SIP submittals demonstrating that 


tkelley on DSK3SPTVN1PROD with RULES