Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 45571 

regulations at 40 CFR 50.10, the 1997 8- 

hour primary and secondary ozone 

ambient air quality standards are met at 

an ambient air quality monitoring site 

when the three-year average of the 

annual fourth-highest daily maximum 8- 

hour average concentration is less than 

or equal to 0.08 ppm, as determined in 

accordance with appendix I of 40 CFR 

part 50. 

Table 1 shows the design values (the 

metrics calculated in accordance with 

40 CFR part 50, appendix I, for 

determining compliance with the 

NAAQS) for the 1997 8-hour ozone 

NAAQS for the Knoxville Area monitors 

for the years 2007–2009. 

TABLE 1—DESIGN VALUES FOR COUNTIES IN THE KNOXVILLE, TENNESSEE NONATTAINMENT AREA FOR THE 1997 8-HOUR

OZONE NAAQS 

Location AQS site ID 2007 

(ppm) 

2008 

(ppm) 

2009 

(ppm) 

2007–2009 

design value 

(ppm) 

Anderson County ........... Freels Bend Study Area (470010101–1) ............ 0.080 0.073 0.065 0.072 

Blount County ................ Look Rock, GSMNP (470090101–1) ................... 0.088 0.082 0.069 0.079 

Cades Cove, GSMNP (470090102–1) ................ 0.074 0.071 0.062 0.069 

Jefferson County ........... 1188 Lost Creek Road (470890002–1) ............... 0.085 0.075 0.068 0.076 

Knox County .................. 9315 Rutledge Pike (470930021–1)) .................. 0.087 0.079 0.066 0.077 

4625 Mildred Drive (470931020–1) ..................... 0.092 0.086 0.068 0.082 

Loudon County .............. 130 Webb Drive (471050109–1) ......................... 0.088 0.077 0.067 0.077 

Sevier County ................ Cove Mountain, GSMNP (471550101–1) ........... 0.088 0.079 0.070 0.079 

EPA’s review of these data indicates 

that the Knoxville Area has met and 

continues to meet the 1997 8-hour 

ozone NAAQS. Preliminary air quality 

monitoring data available for 2010 also 

continue to demonstrate attainment. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

V. Proposed Action 

EPA is proposing to determine that 

the Knoxville, Tennessee, 1997 8-hour 

nonattainment area has attained the 

1997 8-hour ozone NAAQS based on 

2007–2009 complete, quality-assured, 

quality-controlled and certified 

monitoring data. As provided in 40 CFR 

51.918, if EPA finalizes this 

determination, it would suspend the 

requirements for the State of Tennessee 

to submit, for the Knoxville Area, an 

attainment demonstration and 

associated RACM, RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 1997 8-hour ozone NAAQS as long 

as the Area continues to attain the 1997 

8-hour ozone NAAQS. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission or 

state request 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 or state request, 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 action does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the 

impacted area is not 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, Ozone, Volatile 

organic compounds. 

Dated: July 23, 2010. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–19052 Filed 8–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2010–0590; FRL–9184–7] 

Determination of Attainment for PM10

for the Las Vegas Valley 

Nonattainment Area, NV 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to determine 

that the Las Vegas Valley nonattainment 

area in Nevada attained the National 

Ambient Air Quality Standard (NAAQS) 

for particulate matter with an 

aerodynamic diameter of less than or 

equal to a nominal ten micrometers 

(PM10) by the applicable attainment date 

(December 31, 2006), and that the Las 

Vegas Valley nonattainment area is 

currently attaining the standard. 


erowe on DSK5CLS3C1PROD with PROPOSALS3
45572 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 

DATES: Comments must be received on 

or before September 2, 2010. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–0590, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions. 

2. E-mail: tax.wienke@epa.gov. 

3. Mail or deliver: Wienke Tax, Air 

Planning Office, EPA Region IX, 75 

Hawthorne Street, San Francisco, CA 

94105–3901. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax at telephone number: (415) 

947–4192, e-mail address: 

tax.wienke@epa.gov, or the above EPA, 

Region IX address. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

direct final action, of the same title, 

which is located in the Rules section of 

this Federal Register. EPA is approving 

the attainment determination as a direct 

final rule without prior proposal 

because EPA views this as a 

noncontroversial action and anticipates 

no adverse comments. A detailed 

rationale for the approval is set forth in 

the preamble to the direct final rule. If 

EPA receives no adverse comments, 

EPA will not take further action on this 

proposed rule. 

If EPA receives adverse comments, 

EPA will withdraw the direct final rule 

and it will not take effect. EPA will 

address all public comments in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if we receive adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

Dated: July 21, 2010. 

Keith Takata, 

Acting Regional Administrator, EPA Region 

IX. 

[FR Doc. 2010–19062 Filed 8–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 112 

[EPA–HQ–OPA–2009–0880; FRL–9184–2] 

RIN 2050–AG59 

Oil Pollution Prevention; Spill 

Prevention, Control, and 

Countermeasure (SPCC) Rule— 

Proposed Amendments 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule; compliance date 

amendment. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA or the Agency) 

is proposing to amend the date by 

which certain facilities must prepare or 

amend their Spill Prevention, Control, 

and Countermeasure (SPCC) Plans, and 

implement those Plans. This action 

would allow additional time for those 

affected in the regulated community to 

understand the revisions to the SPCC 

rule finalized in December 2008 and 

November 2009. In light of the recent 

uncertainty surrounding EPA’s review 

of the final amendments to the 

December 2008 rule and the delay of 

that rule’s effective date, the Agency is 

proposing to provide an additional year 

for certain facilities, with a new 

compliance date of November 10, 2011. 

Additionally, the Agency is proposing 

to further delay the compliance date for 

facilities with milk containers, 

associated piping and appurtenances 

that are constructed according to the 

current applicable 3–A Sanitary 

Standards, and subject to the current 

applicable Grade ‘‘A’’ Pasteurized Milk 

Ordinance (PMO) or a State dairy 

regulatory requirement equivalent to the 

current applicable PMO. The delay 

would allow the Agency to take final 

action on a January 15, 2009 action that 

proposed to exempt these containers 

from the SPCC requirements. The 

compliance date would be delayed one 

year from the effective date of a final 

rule specifically addressing SPCC 

requirements for these milk containers, 

associated piping and appurtenances, or 

as specified by a rule that otherwise 

establishes a new compliance date for 

these facilities. Both the extension and 

the delay would provide sufficient time 

for facilities to undertake the actions 

necessary to prepare or amend their 

SPCC Plans, as well as implement them. 

However, EPA is not proposing to 

extend the compliance date for drilling, 

production and workover facilities that 

are offshore or that have an offshore 

component, or for onshore facilities 

required to submit Facility Response 

Plans (FRPs). 

DATES: Comments on this proposed rule 

must be received by August 18, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OPA–2009–0880, by one of the 

following methods: 

(1) http://www.regulations.gov. 

Follow the on-line instructions for 

submitting comments. 

(2) E-mail: Docket.RCRA@epa.gov, 

Attention Docket ID No. EPA–HQ– 

OPA–2009–0880. 

(3) Fax: 202–566–9744, Attention 

Docket ID No. EPA–HQ–OPA–2009– 

0880. 

(4) Mail: EPA Docket Center (EPA/ 

DC), Docket ID No. EPA–HQ–OPA– 

2009–0880, Mail Code 2822T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

(5) Hand Delivery: EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington DC 

20460. Attention Docket ID No. EPA– 

HQ–OPA–2009–0880. 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: 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 

regulations.gov or e-mail. 

The Federal regulations.gov Web site 

is an ‘‘anonymous access’’ system, which 

means that EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of the comment 

and along 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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the docket index at 


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