39458 Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Proposed Rules 

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, lead, Reporting and 

recordkeeping requirements. 

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

Dated: June 21, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–16294 Filed 7–2–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0436; FRL–9696–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Section 110(a)(2) 

Infrastructure Requirements for the 

2008 Lead National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by West Virginia. 

This SIP revision provides the basic 

program elements specified in Clean Air 

Act (CAA) section 110(a)(2) necessary to 

implement, maintain, and enforce the 

2008 lead national ambient air quality 

standards (NAAQS). 

DATES: Written comments must be 

received on or August 2, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0436 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0436, 

Donna Mastro, Acting 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–2012– 

0436. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov, your 

email 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 

electronic docket are listed in the 

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 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 West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Emlyn Ve ́lez-Rosa, (215) 814–2038, or 

by email at velez-rosa.emlyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. 

I. Background 

On October 15, 2008, EPA 

substantially strengthened the primary 

and secondary lead NAAQS (hereafter 

the ‘‘2008 lead NAAQS’’), revising the 

level of the primary (health-based) 

standard from 1.5 micrograms per cubic 

meter (mg/m3) to 0.15 mg/m3, measured 

as total suspended particles (TSP), not 

to be exceeded with an averaging time 

of a rolling 3-month period. EPA also 

revised the secondary (welfare-based) 

standard to be identical to the primary 

standard, as well as the associated 

ambient air monitoring requirements. 

See 40 CFR 50.16. 

Section 110(a) of the CAA requires 

states to submit SIP revisions that 

provide for the implementation, 

maintenance, and enforcement of new 

or revised NAAQS within 3 years 

following the promulgation of such 

NAAQS. Section 110(a)(2) of the CAA 

lists specific elements that states must 

meet or continue to meet in these SIP 

submissions. Under this section, the 

CAA directs all states to develop and 

maintain an air quality management 

infrastructure that includes enforceable 

emission limitations, an ambient 

monitoring program, an enforcement 

program, air quality modeling 

capabilities, and adequate personnel, 

resources, and legal authority. 

For the 2008 lead NAAQS, states 

typically have met many of the basic 

program elements required in CAA 

section 110(a)(2) through earlier SIP 

submissions in connection with 

previous lead NAAQS. Nevertheless, 

pursuant to CAA section 110(a)(1), 

states will have to review and revise, as 

appropriate, their existing lead NAAQS 

SIPs to ensure that the SIPs are adequate 

to address the 2008 lead NAAQS. States 

must provide SIP submissions, or 

provide a certification that the SIP 

addresses the elements in section 

110(a)(2)(A) through (M) of the CAA. To 

assist states in meeting this statutory 

requirement, EPA issued a guidance on 

October 14, 2011, entitled, ‘‘Guidance 

on Infrastructure State Implementation 

Plan (SIP) Elements Required Under 

sections 110(a)(1) and 110(a) (2) for the 

2008 Lead (Pb) National Ambient Air 

Quality Standards (NAAQS)’’ (hereafter 

the ‘‘2011 Lead Infrastructure 

Guidance’’), which lists the basic 

elements that states must include in 

their SIPs for the 2008 lead NAAQS. 

II. Summary of State Submittal 

On October 26, 2011, the West 

Virginia Department of Environmental 

Protection (WVDEP) provided a 

submittal to satisfy the requirements of 

section 110(a)(2) of the CAA for the 


sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Proposed Rules 39459 

2008 lead NAAQS. This submittal 

addressed the following infrastructure 

elements, which EPA is proposing to 

approve: CAA section 110(a)(2)(A), (B), 

(C), (D), (E), (F), (G), (H), (J), (K), (L), and 

(M), or portions thereof. A detailed 

summary of EPA’s review and rationale 

for approving West Virginia’s submittal 

may be found in the Technical Support 

Document (TSD) for this proposed 

rulemaking action, which is available 

online at www.regulations.gov, Docket 

number EPA–R03–OAR–2012–0436. 

III. Proposed Action 

EPA is proposing to approve West 

Virginia’s SIP revision that provides the 

basic program elements specified in 

CAA section 110(a)(2) necessary to 

implement, maintain, and enforce the 

2008 lead NAAQS. This SIP revision 

was submitted on October 26, 2011. 

This action does not include the 

sections, or portions thereof, of 

110(a)(2)(C) and 110(a)(2)(I) of the CAA 

which pertain to the nonattainment 

requirements of part D, Title I of the 

CAA, since these two elements are not 

required to be submitted by the 3-year 

submission deadline of CAA section 

110(a)(1), and will be addressed in a 

separate process. Additionally, EPA is 

taking separate action on the portions of 

CAA section 110(a)(2) infrastructure 

elements for the 2008 lead NAAQS as 

they relate to West Virginia’s PSD 

program, as required by part C of Title 

I of the CAA. This includes portions of 

the following infrastructure elements: 

CAA section 110(a)(2)(C), (D) and (J). 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 action 

merely proposes to approve 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 proposed 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, Reporting and 

recordkeeping requirements. 

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

Dated: June 21, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–16301 Filed 7–2–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 600 

[Docket No. 120425420–2420–01] 

RIN 0648–BB92 

Fisheries of the United States; National 

Standard 1 Guidelines; Extension of 

Public Comment Period 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advance notice of proposed 

rulemaking; extension of public 

comment period. 

SUMMARY: NMFS is extending the date 

by which public comments are due in 

response to the Advance Notice of 

Proposed Rulemaking (ANPR) 

published on May 3, 2012, on potential 

adjustments to the National Standard 1 

Guidelines, one of 10 national standards 

for fishery conservation and 

management contained in Section 301 

of the Magnuson-Stevens Fishery 

Conservation and Management Act. 

NMFS has received a request to extend 

the comment period for the ANPR 

beyond its current 90-day comment 

period, originally scheduled to end on 

August 1, 2012. With this notice, NMFS 

is extending the comment period to 

September 15, 2012, to ensure there is 

adequate time for stakeholders and 

members of the public to comment on 

the ANPR. 

DATES: The deadline for receipt of 

comments on the ANPR published on 

May 3, 2012 (77 FR 26238), is extended 

to September 15, 2012. 

ADDRESSES: You may submit comments 

on the referenced ANPR, identified by 

‘‘NOAA–NMFS–2012–0059’’, by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal: 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

first click the ‘‘submit a comment’’ icon, 

then enter ‘‘NOAA–NMFS–2012–0059’’ 

in the keyword search. Locate the 

document you wish to comment on 

from the resulting list and click on the 

‘‘Submit a Comment’’ icon on the right 

of that line. 

• Fax: 301–713–1193, Attn: Wesley 

Patrick. 

• Mail: Wesley Patrick; National 

Marine Fisheries Service, NOAA; 1315 

East-West Highway, Room 13436; Silver 

Spring, MD 20910. 


sroberts on DSK5SPTVN1PROD with PROPOSALS