82234 Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Proposed Rules 

Subpart RR—Tennessee 

18. Section 52.2234 is added to read 

as follows: 

§ 52.2234 Visibility protection. 

(a) The requirements of section 169A 

of the Clean Air Act are not met because 

the plan does not include approvable 

measures for meeting the requirements 

of 40 CFR 51.308(d)(3) and (e) for 

protection of visibility in mandatory 

Class I Federal areas. 

(b) Best Available Retrofit Technology 

for NOX. The requirements of 40 CFR 

51.308(e) with respect to emissions of 

NOX are satisfied by § 52.2240 for the 

sources subject to those requirements. 

(c) Best Available Retrofit Technology 

for SO2. The requirements of 40 CFR 

51.308(e) with respect to emissions of 

SO2 are satisfied by § 52.2241 for the 

sources subject to those requirements. 

Subpart SS—Texas 

19. Section 52.2304 is amended by 

revising paragraph (a) and adding new 

paragraphs (c) and (d) to read as follows: 

§ 52.2304 Visibility protection. 

(a) The requirements of section 169A 

of the Clean Air Act are not met because 

the plan does not include approvable 

measures for meeting the requirements 

of 40 CFR 51.305, and 51.308(d)(3) and 

(e) for protection of visibility in 

mandatory Class I Federal areas. 

* * * * * 

(c) Best Available Retrofit Technology 

for NOX. The requirements of 40 CFR 

51.308(e) with respect to emissions of 

NOX are satisfied by § 52.2283 for the 

sources subject to those requirements. 

(d) Best Available Retrofit Technology 

for SO2. The requirements of 40 CFR 

51.308(e) with respect to emissions of 

SO2 are satisfied by § 52.2284 for the 

sources subject to those requirements. 

Subpart VV—Virginia 

20. Section 52.2452 is amended by 

revising paragraph (a) and adding new 

paragraphs (d) and (e) to read as follows: 

§ 52.2452 Visibility protection. 

(a) The requirements of section 169A 

of the Clean Air Act are not met because 

the plan does not include approvable 

measures for meeting the requirements 

of 40 CFR 51.302, 51.305, and 

51.308(d)(3) and (e) for protection of 

visibility in mandatory Class I Federal 

areas. 

* * * * * 

(d) Best Available Retrofit Technology 

for NOX. The requirements of 40 CFR 

51.308(e) with respect to emissions of 

NOX are satisfied by § 52.2440 for the 

sources subject to those requirements. 

(e) Best Available Retrofit Technology 

for SO2. The requirements of 40 CFR 

51.308(e) with respect to emissions of 

SO2 are satisfied by § 52.2441 for the 

sources subject to those requirements. 

Subpart XX—West Virginia 

21. Section 52.2533 is amended by 

revising paragraph (a) and adding 

paragraphs (d) and (e) to read as follows: 

§ 52.2533 Visibility protection. 

(a) The requirements of section 169A 

of the Clean Air Act are not met because 

the plan does not include approvable 

measures for meeting the requirements 

of 40 CFR 51.302, 51.305, 51.307, and 

51.308(d)(3) and (e) for protection of 

visibility in mandatory Class I Federal 

areas. 

* * * * * 

(d) Best Available Retrofit Technology 

for NOX. The requirements of 40 CFR 

51.308(e) with respect to emissions of 

NOX are satisfied by § 52.2540 for the 

sources subject to those requirements. 

(e) Best Available Retrofit Technology 

for SO2. The requirements of 40 CFR 

51.308(e) with respect to emissions of 

SO2 are satisfied by § 52.2541 for the 

sources subject to those requirements. 

[FR Doc. 2011–33586 Filed 12–29–11; 8:45 am] 

BILLING CODE 6560—50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2010–0943; FRL–9614–6] 

RIN 2060–AQ55 

Amendments to Delegation of 

Authority Provisions in the Prevention 

of Significant Deterioration Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is taking action to 

propose amendments to the New Source 

Review (NSR) Prevention of Significant 

Deterioration (PSD) program that would 

correct certain outdated language that 

currently limits EPA’s ability to delegate 

the Federal PSD program to interested 

Indian tribes. This action proposes 

changes that would provide consistency 

with the current Federal PSD regulatory 

requirements by allowing the EPA to 

delegate the PSD program to interested 

tribes for their attainment areas. The 

regulations already authorize 

administrative delegation, and EPA has 

in the past delegated administration of 

the PSD program to states and local 

governments for their attainment areas. 

The EPA is proposing to delete a 

restriction on tribes’ ability to take 

delegation of the PSD program and to 

include tribes, along with state and 

locals, in another section to make it 

clear that tribes may voluntarily take 

direct delegation of the NSR program in 

areas that are currently attaining the 

national ambient air quality standards 

(NAAQS). The rule would not impose 

any new requirements. The EPA is also 

proposing to correct a minor 

typographical error. 

DATES: Comments must be received on 

or before February 28, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2010–0943, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Email: a-and-r-docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2010–0943 in the subject line of the 

message. 

• Fax: Send comments to (202) 566– 

9744, attention Docket ID No. EPA–HQ– 

OAR–2010–0943. 

• Mail: Amendments to Delegation of 

Authority Provisions in the PSD 

program Docket, Environmental 

Protection Agency, Mailcode: 6102T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–OAR–2010– 

0943. 

• Hand Delivery: The EPA Docket 

Center, Public Reading Room, EPA 

West, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC 20460, 

Attention Docket ID No. EPA–HQ– 

OAR–2010–0943. 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–2010– 

0943. 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 email. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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comment. If you send an email 

comment directly to the EPA without 

going through http:// 

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, the 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 the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the 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 Amendments to Delegation of 

Authority Provisions in the PSD 

Program Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The Public 

Reading Room 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) 564– 

1742. 

FOR FURTHER INFORMATION CONTACT: 

Regina Chappell, Outreach and 

Information Division, Office of Air 

Quality Planning and Standards, Mail 

Code C–304–03, Environmental 

Protection Agency, Research Triangle 

Park, NC 27711; telephone number: 

(919) 541–3650; fax number: (919) 541– 

0942; email: chappell.regina@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

supplementary information in this 

preamble is organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. What should I consider as I prepare my 

comments to the EPA? 

1. Submitting CBI 

2. Tips for Preparing Your Comments 

C. Where can I get a copy of this 

document? 

II. Background Information for Proposed Rule 

A. What is the New Source Review 

Program? 

B. What is the statutory authority and 

regulatory approach for this proposed 

action? 

C. Why is this action needed? 

III. Summary of Proposed Amendments 

IV. Summary of Impacts of Proposed 

Amendments 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. General Information 

A. Does this action apply to me? 

Generally, this rule only applies to 

tribal governments. It removes a 

restriction relating to delegation of the 

Federal NSR PSD program and allows, 

but does not require, interested tribes to 

request such delegation for sources in 

their attainment areas. It does not make 

changes to the underlying Federal PSD 

program requirements and thus should 

not have significant impact on new or 

modified sources. 

B. What should I consider as I prepare 

my comments to the EPA? 

1. Submitting CBI. Do not submit this 

information to the EPA through http:// 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to the EPA, mark the outside 

of the disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

Send or deliver information identified 

as CBI only to the following address: 

Roberto Morales, OAQPS Document 

Control Officer (C404–02), Office of Air 

Quality Planning and Standards, 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711, Attention Docket ID No. EPA– 

HQ–OAR–2010–0943. 

2. Tips for Preparing Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

C. Where can I get a copy of this 

document? 

In addition to being available in the 

docket, an electronic copy of this action 

will also be available on the Worldwide 

Web (WWW). Following signature, a 

copy of this final action will be posted 

in the regulations and standards section 

of the NSR home page located at 

http://www.epa.gov/nsr/, on the Tribal 

air home page at http://www.epa.gov/ 

oar/tribal and on the Technology 

Transfer Network (TTN) policy and 

guidance page for newly proposed or 

promulgated rules at the following 

address: http://www.epa.gov/ttn/oarpg/. 

The TTN provides information and 

technology exchange in various areas of 

air pollution control. 

II. Background Information for 

Proposed Amendments 

A. What is the New Source Review 

Program 

The major NSR program contained in 

parts C and D of title I of the Clean Air 

Act is a preconstruction review and 

permitting program applicable to new 

major sources and major modifications 

at such sources. In areas meeting the 


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NAAQS (‘‘attainment’’ areas) or for 

which there is insufficient information 

to determine whether they meet the 

NAAQS (‘‘unclassifiable’’ areas), the 

NSR requirements under part C of title 

I of the Act apply. We call this portion 

of the major NSR program the 

‘‘Prevention of Significant 

Deterioration’’ or PSD program. In areas 

not meeting the NAAQS and in ozone 

transport regions (OTR), the major NSR 

program is implemented under the 

requirements of part D of title I of the 

Act. We call this program the 

‘‘nonattainment’’ major NSR program. 

We have promulgated rules in 40 CFR 

52.21 to implement PSD in portions of 

the country that do not have approved 

state or tribal PSD programs. This 

proposed action makes corrections to 

the PSD program in 40 CFR 52.21. 

B. What is the statutory authority and 

regulatory approach for this proposed 

action? 

The authority for this proposed action 

is Clean Air Act Section 301(a). EPA 

notes that Clean Air Act Section 301(d) 

(which postdates the original regulation 

that established 52.21(u)) and its 

implementing regulations under the 

Tribal Authority Rule (TAR) at 40 CFR 

49.6 and 49.7 allow tribes to seek 

approval for such programs covering 

their reservations or other areas within 

their jurisdiction. These provisions also 

establish the criteria tribes must meet 

and the types of information that must 

be included in tribal applications to 

obtain eligibility to administer tribal 

programs, including Tribal 

Implementation Plans and tribal NSR 

programs. The TAR allows tribes to seek 

approval for such programs covering 

their reservations or other areas within 

their jurisdiction. 

However, although section 301(d) of 

the Act and the TAR authorize the EPA 

to review and approve tribal programs, 

neither the Act nor the regulations 

require EPA approval of tribal programs 

as the sole mechanism available for 

tribal agencies to take on permitting 

responsibilities. Some tribes may choose 

not to develop tribal NSR programs for 

submission to the EPA for approval 

under the TAR, but may still wish to 

assist the EPA in implementing all or 

some portion of the Federal PSD 

program for their area of Indian country. 

Accordingly, we are exercising our 

discretion to propose corrections for 40 

CFR 52.21, which will remove a 

restriction that had prevented EPA from 

delegating administration of the Federal 

PSD program to interested tribal 

agencies for their attainment areas. By 

administering the Federal program 

through a delegation, tribal agencies 

may remain appropriately involved in 

implementation of an important air 

quality program and may develop their 

own capacity to manage such programs 

in the future should they choose to do 

so. Removing this restriction is 

consistent with EPA’s existing and wellestablished procedures for delegating 

administration of Federal CAA 

programs, including existing provisions 

at 40 CFR 52.21 (u)—which already 

provides for administrative delegation 

to state and local agencies, but which 

currently prevents delegation to 

interested tribes—40 CFR 71.4(j) and 

71.10 (Federal operating permits), 40 

CFR 49.122 (Federal air rules for Indian 

reservations in the Pacific Northwest), 

and 40 CFR 49.161 and 49.173 (NSR 

rules for Indian country). 

C. Why is this action needed? 

This action will enable EPA to 

delegate the Federal PSD program (40 

CFR 52.21(u)) to interested Indian 

tribes. This action is consistent with 

existing PSD regulatory requirements, 

which already provide for delegation of 

administration of the program, and 

makes that opportunity available to 

tribes by allowing EPA to delegate 

administration of the PSD program to 

interested tribes. 

III. Summary of Proposed Amendments 

We are proposing to amend the NSR 

PSD program provisions at 40 CFR 

52.21, paragraph (u) Delegation of 

Authority. In paragraph (u)(1), we are 

correcting an erroneous cross reference 

and deleting a cross reference that is no 

longer needed. In paragraph (u)(2)(i), the 

current provisions state that the delegate 

agency shall consult with the 

appropriate state and local air pollution 

control agency. We are proposing to 

include tribes along with state and local 

air pollution control agencies in this 

provision to provide equivalent 

involvement for tribal air pollution 

control agencies. The paragraph (u)(3) 

provision for reviewing a source or 

modification located on an Indian 

Reservation states that the review 

authority shall not be redelegated other 

than to an EPA Regional Office except 

where the state has assumed jurisdiction 

over such land would no longer be in 

effect upon EPA amending subsection 

(u). We are proposing to delete 

paragraph (u)(3) to remove this 

restriction which had prevented EPA 

from delegating the PSD program to 

interested tribes, and to redesignate 

current paragraph (u)(4) as new 

paragraph (u)(3). These amendments 

will provide appropriate opportunities 

for interested tribes to seek delegation of 

the Federal PSD program over relevant 

sources and modifications in their areas. 

IV. Summary of Impacts of Proposed 

Amendments 

This action will allow, but not 

require, interested tribes to take direct 

delegation of the Federal PSD program. 

It does not make changes to the 

underlying Federal requirement 

(meaning the requirement that the EPA 

must implement the program where 

delegation does not occur) and thus 

should not have a significant impact on 

new or modifying sources. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under the Executive 

Orders 12866 and 13563 (76 FR 3281, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. This 

action only allows tribes to implement 

an existing program. This action does 

not change the underlying Federal 

requirements; it will allow interested 

tribes to accept delegation. However, the 

Office of Management and Budget 

(OMB) has previously approved the 

information collection requirements 

contained in the existing regulations 40 

CFR 52.21 under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., and has assigned OMB 

control number 2060–0003. The OMB 

control numbers for EPA’s regulations 

in 40 CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule would not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small not-for-profit enterprises, and 

small governmental jurisdictions. 

For the purposes of assessing the 

impacts of this rule on small entities, 

small entity is defined as: (1) A small 

business as defined by the Small 

Business Administration’s regulations at 

13 CFR 121.201; (2) a small 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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governmental jurisdiction that is a 

government of a city, county, town, 

school district, or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this proposed rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities will not incur any adverse 

impacts as a result of this rule because 

this action does not create any new 

requirements or burdens. No costs are 

associated with these amendments to 

part 52. This proposed rule will not 

impose any requirements on small 

entities. We continue to be interested in 

the potential impacts of the proposed 

rule on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for state, local, or tribal 

governments or the private sector. This 

action imposes no enforceable duty on 

any state, local or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

sections 202 and 205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

action will allow tribes to voluntarily 

take delegation of the PSD requirements 

but does not require them to do so. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The EPA has 

implementing authority for 40 CFR part 

52 for Indian country. This action 

allows interested tribes to take 

delegation of the Federal program if 

they choose; it does not modify the 

responsibility of the EPA to implement 

the program where no delegation 

occurs. Thus, EO 13132 does not apply 

to this action. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between the 

EPA and state and local governments, 

the EPA specifically solicits comment 

on this proposed action from state and 

local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Subject to the Executive Order 13175 

(65 FR 67249, November 9, 2000) EPA 

may not issue a regulation that has tribal 

implications, that imposes substantial 

direct compliance costs, and that is not 

required by statute, unless the Federal 

government provides the funds 

necessary to pay the direct compliance 

costs incurred by tribal governments, or 

the EPA consults with tribal officials 

early in the process of developing the 

proposed regulation and develops a 

tribal summary impact statement. 

The EPA has concluded that this 

action will have tribal implications. 

However, it will neither impose 

substantial direct compliance costs on 

tribal governments, nor preempt Tribal 

law. This proposed rule does not 

impose any requirements on tribes so it 

does not impose substantial direct costs. 

However, it does support tribal selfgovernance by enabling tribes to 

implement the Federal PSD program as 

the EPA’s delegate, if they choose. 

The EPA consulted with tribal 

officials early in the process of 

developing this regulation to permit 

them to have meaningful and timely 

input into its development. Tribal 

consultation was offered in a 

consultation letter to all federally 

recognized tribes on November 10, 

2011. We will provide consultation to 

those tribes who request consultation. 

We have also participated in various 

tribal meetings attended by tribal 

environmental professionals, i.e., 

National Tribal Air Association (NTAA), 

National Tribal Forum (NTF). We have 

received no adverse comments when 

this proposal was presented at those 

various meetings. The EPA specifically 

solicits additional comment on this 

proposed action from tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA Interprets Executive Order 

13045 (62 FR 19885, April 23, 1977) as 

applying to those regulatory actions that 

concern health or safety risks, such that 

the analysis required under section 5– 

501 of the Executive Order has the 

potential to influence the regulation. 

This action is not subject to Executive 

Order 13045 because it does not 

establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs the EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specification, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs the 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

the EPA is not considering the use of 

any voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This proposed rule 

imposes no new requirements but does 

allow interested tribes to accept 

delegation of the existing Federal 

program. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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List of Subjects in 40 CFR Part 52 

Air pollution control, Environmental 

protection, Indians, Indians—law, and 

Indians—tribal government. 

Dated: December 22, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency proposes to amend 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

1. The authority citation for part 52 

continues to read as follows: 

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

2. Amend § 52.21 by revising 

paragraphs (u)(1) and (u)(2)(i) and by 

removing paragraph (u)(3) and 

redesignating paragraph (u)(4) as 

paragraph (u)(3) to read as follows: 

§ 52.21 Prevention of significant 

deterioration of air quality. 

* * * * * 

(u) Delegation of authority. (1) The 

Administrator shall have the authority 

to delegate his responsibility for 

conducting source review pursuant to 

this section, in accordance with 

paragraph (u)(2) of this section. 

(2) * * * 

(i) Where the delegate agency is not 

an air pollution control agency, it shall 

consult with the appropriate state, tribe, 

and local air pollution control agency 

prior to making any determination 

under this section. Similarly, where the 

delegate agency does not have 

continuing responsibility for managing 

land use, it shall consult with the 

appropriate state, tribe, and local agency 

primarily responsible for managing land 

use prior to making any determination 

under this section. 

* * * * * 

[FR Doc. 2011–33592 Filed 12–29–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0082; FRL–9331–1] 

Receipt of Several Pesticide Petitions 

Filed for Residues of Pesticide 

Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of filing of petitions and 

request for comment. 

SUMMARY: This document announces the 

Agency’s receipt of several initial filings 

of pesticide petitions requesting the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before January 30, 2012. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition 

number (PP) of interest as shown in the 

body of this document, 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 

the docket ID number and the pesticide 

petition number of interest as shown in 

the body of this document. 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 email comment directly 

to EPA without going through 

regulations.gov, your email 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 

at http://www.regulations.gov. 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, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: A 

contact person, with telephone number 

and email address, is listed at the end 

of each pesticide petition summary. You 

may also reach each contact person by 

mail at Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 


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