68296 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 

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. 

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, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: October 25, 2010. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2010–28019 Filed 11–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2009–0559; FRL–9222–4] 

RIN 2060–AP90 

Standards of Performance for New 

Stationary Sources and Emission 

Guidelines for Existing Sources: 

Sewage Sludge Incineration Units; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; technical 

correction. 

SUMMARY: This action clarifies certain 

text of the proposed rules titled 

‘‘Standards of Performance for New 

Stationary Sources and Emission 

Guidelines for Existing Sources: Sewage 

Sludge Incineration Units.’’ The 

proposed rules were published in the 

Federal Register on October 14, 2010. 

The action proposes how EPA will 

address Clean Air Act requirements to 

establish new source performance 

standards for new units and emission 

guidelines for existing units for specific 

categories of solid waste incineration 

units. 

DATES: Comments must be received on 

or before November 29, 2010. 

ADDRESSES: Submit your comments, 

referencing Docket ID Number EPA– 

HQ–OAR–2009–0559 by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• A-and-r-docket@epa.gov. 

• Facsimile: Fax your comments to 

(202) 566–1741, Attention Docket ID 

Number EPA–HQ–OAR–2009–0559. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center 

(EPA/DC), Air and Radiation Docket 

Information Center, 1200 Pennsylvania 

Avenue, NW.; Mail Code: 6102T, 

Washington, DC 20460. Please include a 

total of two copies. We request that a 

separate copy also be sent to the contact 

person identified in the FOR FURTHER

INFORMATION CONTACT section below. 

• Hand Delivery: To send comments 

or documents through a courier service, 

the address to use is: EPA Docket 

Center, Public Hearing Room, EPA 

West, Room 334, 1301 Constitution 

Avenue, NW., Washington, DC 20004. 

Such deliveries are accepted only 

during the Docket’s normal hours of 

operation—8:30 a.m. to 4:30 p.m., 

Monday through Friday. Special 

arrangements should be made for 

deliveries of boxed information. Please 

include a total of two copies. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Hambrick, Natural Resource and 

Commerce Group, Sector Policies and 

Programs Division (E143–03), 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

0964; facsimile number: (919) 541–3470; 

e-mail address: hambrick.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Organization of This Document. The 

following outline is provided to aid in 

locating information in this notice. 

I. What is the background for the correction? 

II. What are the corrections to the proposed 

rules (75 FR 63260)? 

III. Statutory and Executive Order Reviews 

I. What is the background for the 

correction? 

On October 14, 2010 (75 FR 63260), 

EPA proposed rules that would address 

in part Clean Air Act requirements to 

establish new source performance 

standards (NSPS) for new units and 

emission guidelines (EG) for existing 

units for specific categories of solid 

waste incineration units. In that action, 

EPA proposed NSPS and EG for sewage 

sludge incineration (SSI) units. EPA 

subsequently determined that one 

sentence in the proposed regulatory text 

could have been interpreted in a manner 

inconsistent with what EPA intended to 

propose. This notice clarifies that 

language. 

This action does not affect the 

substance of the proposed rules, nor 

does it change the rights or obligations 

of any party. Rather, this notice merely 

clarifies certain regulatory text in the 

proposed rules. This action is minor, 

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Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 68297 

noncontroversial, and does not 

substantively change the proposed rule. 

II. What are the corrections to the 

proposed rules (75 FR 63260)? 

In this notice, we are clarifying the 

scope of the proposed affirmative 

defense for exceedance of an emission 

limit or standard during a malfunction. 

See proposed regulatory text at 75 FR 

63260. Specifically, we are clarifying 

the regulatory text to reflect that the 

affirmative defense is available only 

against claims for civil penalties. The 

preamble to the October 14, 2010 (75 FR 

63283), notice stated this position, as 

did other portions of the proposed 

regulatory text. See 75 FR 63299 

proposed § 60.4861(b) and 75 FR 63323 

proposed § 60.5181(b). However, one 

sentence in the regulatory text created a 

potential ambiguity that may not have 

reflected the Agency’s intent. Therefore, 

we are clarifying this in the proposed 

regulatory text to explain that a facility 

may assert an affirmative defense to a 

claim for civil penalties for exceedances 

of the standards that are caused by a 

malfunction, as defined in 40 CFR 60.2, 

but may not assert such a defense to a 

claim for injunctive relief. 

EPA is soliciting public comment on 

the proposed SSI rule published on 

October 14, 2010, until November 15, 

2010, unless a public hearing is held. If 

a public hearing is held, then comments 

on the proposed SSI rule published on 

October 14, 2010, must be received by 

November 29, 2010. Members of the 

public may also comment on this 

technical correction during that time, 

and should submit any such comments 

to the docket for that proposed rule. 

Submit your comments, identified by 

Docket ID Number EPA–HQ–OAR– 

2009–0559, by one of the following 

methods identified in 75 FR 63260. 

III. Statutory and Executive Order 

Reviews 

EPA’s compliance with relevant 

statutes and Executive Orders for the 

proposed SSI rule is discussed in the 

October 14, 2010, Federal Register 

notice titled ‘‘Standards of Performance 

for New Stationary Sources and 

Emission Guidelines for Existing 

Sources: Sewage Sludge Incineration 

Units.’’ (75 FR 63260). This technical 

correction does not affect the analyses 

contained in the October 14, 2010, 

notice. 

List of Subjects in 40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: October 29, 2010. 

Gina A. McCarthy, 

Assistant Administrator. 

For the reasons stated in the 

preamble, FR Doc. No. 2010–25122, 

published in the Federal Register on 

October 14, 2010, at 75 FR 63260 is 

corrected as follows: 

1. Beginning on page 63298, in the 

third column, remove the second 

sentence in § 60.4861 introductory text 

and add the following two sentences in 

its place: ‘‘Appropriate penalties may be 

assessed, however, if the respondent 

fails to meet its burden of proving all of 

the requirements in the affirmative 

defense. The affirmative defense shall 

not be available for claims for injunctive 

relief.’’ 

2. On page 63323, in the center 

column, remove the second sentence in 

§ 60.5181 introductory text and add the 

following two sentences in its place: 

‘‘Appropriate penalties may be assessed, 

however, if the respondent fails to meet 

its burden of proving all of the 

requirements in the affirmative defense. 

The affirmative defense shall not be 

available for claims for injunctive 

relief.’’ 

[FR Doc. 2010–28002 Filed 11–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 152 

[EPA–HQ–OPP–2009–0456; FRL–8424–8] 

RIN 2070–AJ58 

Pesticides; Satisfaction of Data 

Requirements; Procedures To Ensure 

Protection of Data Submitters’ Rights 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to revise its 

regulations governing procedures for the 

satisfaction of data requirements under 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA). These 

provisions include, among other things, 

procedures for the protection of 

exclusive use and data compensation 

rights of data submitters. The proposed 

revisions would update the regulations, 

which have not been revised since 

issuance in 1984, to accommodate 

statutory and procedural changes that 

have occurred since that time. The 

revisions would also make minor 

changes to clarify the regulations. The 

revisions would simplify the procedures 

and reduce burdens for certain data 

submitters. 

DATES: Comments must be received on 

or before January 4, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0456, 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– 

0456. 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 

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