Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Proposed Rules 36471 

the system-wide emission caps from the 

State legislation entitled, ‘‘An Act to 

Improve Air Quality in the State by 

Imposing Limits on the Emission of 

Certain Pollutants from Certain 

Facilities that Burn Coal to Generate 

Electricity and to Provide for Recovery 

by Electric Utilities of the Costs of 

Achieving Compliance with Those 

Limits.’’ The specific provisions being 

proposed for incorporation into the SIP 

are paragraphs (a) through (e) of Section 

1 of Session Law 2002–4, Senate Bill 

1078 enacted June 20, 2002. Once this 

provision is adopted into the SIP, the 

collective emission caps applicable to 

each investor-owned public utility will 

be permanent and Federally 

enforceable. 

VI. 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 state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state 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 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, Sulfur 

oxides. 

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

Dated: June 9, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–15636 Filed 6–21–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0411; FRL–9321–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Adoption of the Revised Nitrogen 

Dioxide Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Virginia for the 

purpose of adding the new 1-hour 

nitrogen dioxide (NO2) standard at a 

level of 100 parts per billion (ppb) and 

updating the list of Federal documents 

incorporated by reference. In the Final 

Rules 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 no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by July 22, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0411 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0411, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0411. EPA’s policy is that all comments 

received 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 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 http:// 

www.regulations.gov or e-mail. The 

http://www.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 http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public 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 


srobinson on DSK4SPTVN1PROD with PROPOSALS
36472 Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Proposed Rules 

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 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by 

e-mail at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

For further information, please see the 

information provided in the direct final 

action, with the same title, ‘‘Approval 

and Promulgation of Air Quality 

Implementation Plans; Virginia; 

Adoption of the Revised Nitrogen 

Dioxide Standards and Update of 

Appendices,’’ that is located in the 

Rules and Regulations section of this 

Federal Register publication. 

Dated: June 6, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–15456 Filed 6–21–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2009–0927; FRL–9322–2] 

RIN A2060 

Mandatory Reporting of Greenhouse 

Gases; Changes to Provisions for 

Electronics Manufacturing (Subpart I) 

To Provide Flexibility 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing changes to 

the calculation and monitoring 

provisions in the Electronics 

Manufacturing portion (Subpart I) of the 

Mandatory Greenhouse Gas Reporting 

Rule for the ‘‘largest’’ semiconductor 

manufacturing facilities (i.e., those that 

fabricate devices on wafers measuring 

300 millimeters or less in diameter and 

that have an annual manufacturing 

capacity of greater than 10,500 square 

meters). More specifically, for reporting 

years 2011 and 2012 this action 

proposes to allow the largest 

semiconductor facilities the option to 

calculate emissions using default 

emission factors already contained in 

Subpart I, instead of recipe-specific 

utilization and by-product formation 

rates (recipe-specific emission factors) 

for the plasma etching process type. 

These proposed changes are in response 

to a request for reconsideration of 

specific provisions submitted by the 

Semiconductor Industry Association. 

This action would only apply to the 

initial years of compliance while the 

Agency continues to better understand 

industry’s concerns with Subpart I and 

considers longer-term alternative 

options. 

DATES: Comments. Comments must be 

received on or before July 22, 2011. 

Public Hearing. EPA does not plan to 

conduct a public hearing unless 

requested. To request a hearing, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

by June 29, 2011. If requested, the 

hearing will be conducted July 7, 2011, 

in the Washington, DC area. If a hearing 

is held, EPA will accept comments that 

rebut or supplement information 

presented at the hearing through August 

8, 2011. EPA will provide further 

information about the hearing on its 

Web page if a hearing is requested. 

ADDRESSES: You may submit your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2009–0927 by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• E-mail: 

GHGReportingFGHG@epa.gov. Include 

docket ID No. EPA–HQ–OAR–2009– 

0927 [and/or RIN number 2060–XXXX] 

in the subject line of the message. 

• Fax: (202) 566–9744. 

• Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mailcode 28221T, Attention Docket ID 

No. EPA–HQ–OAR–2009–0927, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. 

• Hand/Courier Delivery: EPA Docket 

Center, Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20004. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2009– 

0927. EPA’s policy is that all comments 

received 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 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 http:// 

www.regulations.gov or e-mail. The 

http://www.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 http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public 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 http:// 

www.regulations.gov index. 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, 

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 Docket, EPA/DC, EPA West 

Building, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 


srobinson on DSK4SPTVN1PROD with PROPOSALS