Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Proposed Rules 38877 

date as the approved BART. 

Additionally, the permit provides that 

unless LNBs have been installed and 

operating, as required in Permit 

Condition 3.7, on and after July 22, 

2016, the Riley Boiler may be fired only 

using natural gas, and that on, and after 

July 22, 2016, the Riley Boiler may not 

be fired with coal until such date that 

the coal-fired LNBs are installed and 

operated in accordance with the permit. 

See 2011 TASCO Tier II Operating 

Permit, Permit Condition 3.9. Permit 

condition 14.9 of TASCO’s Tier I 

Operating Permit T1–050020, issued 

May 23, 2006, required the North and 

Central pulp dryers to be permanently 

shut down and Permit Condition 4.1 of 

the 2011 TASCO Tier II Operating 

Permit, requires the South Pulp Dryer to 

be permanently shutdown. Thus, there 

is no delay in compliance with BART 

requirements under the BART 

Alternative. 

The 2011 TASCO Tier II Operating 

Permit contains the emission limitations 

discussed above. See 2011 TASCO Tier 

II Operating Permit, Permit Condition 

3.4 and 3.5. The permit also contains 

requirements for a non-visibility 

impairing pollutant, specifically carbon 

monoxide (CO). Permit Condition 3.12 

requires performance testing for CO. 

The EPA proposes no action on this 

permit condition, as it does not pertain 

to visibility. 

The second paragraph of Condition 

3.3 of the Permit allows TASCO to 

submit a request to obtain IDEQ 

approved alternatives to BART and to 

revise the Permit and explains that 

IDEQ will process the request in 

accordance with its permitting rules. 

The condition further provides that the 

request must be submitted in time for 

any such revision to the permit and the 

corresponding revision to the RH SIP to 

be approved prior to July 22, 2016. This 

provision is administrative in nature 

and addresses the State’s procedure for 

possible future revisions to the permit. 

As such it is not necessary or 

appropriate for EPA to act on this 

provision. Nevertheless, we note that a 

revision to a Federally approved permit 

must meet applicable Federal 

requirements before it could be 

incorporated into the Federally 

approved SIP. The EPA cannot assure 

Idaho or TASCO that any submitted 

BART Alternative measure will be 

approved until that measure has been 

thoroughly evaluated by the EPA as 

meeting Federal requirements. 

V. The EPA’s Proposed Action 

The EPA is proposing to vacate our 

previous BART determination for the 

TASCO facility and to approve Idaho’s 

2012 RH SIP submittal including the 

revised NOX BART determination for 

the TASCO Riley Boiler and the 2011 

TASCO Tier II Operating Permit 

containing the BART Alternative 

conditions 1.2 including the table of 

Regulated Emission Point Sources 

Table, 3.2, 3.3 (first paragraph only), 3.4, 

3.5, 3.6, 3.7, 3.8, 3.9, 3.11, 3.13, 3.14, 

3.15, 3.16, and 4.1. Specifically, the EPA 

proposes to approve new BART 

emission limitations for NOX, the 

revised PM emission limitations and the 

BART Alternative at the TASCO facility 

because they provide greater overall 

reasonable progress toward achieving 

natural conditions in affected Class I 

areas than the previously approved 

BART determination for the TASCO 

facility. 

VI. Statutory and Executive Order 

Review 

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 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 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 rule 

neither imposes substantial direct 

compliance costs on tribal governments, 

nor preempts tribal law. Therefore, the 

requirements of section 5(b) and 5(c) of 

the Executive Order do not apply to this 

rule. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, and 

Visibility. 

Dated: June 14, 2013. 

R. David Allnutt, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2013–15442 Filed 6–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2012–0640] FRL–9829–3 

RIN 2060–AR64 

Kraft Pulp Mills NSPS Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

public comment period. 

SUMMARY: The EPA is announcing that 

the period for providing public 

comments on the May 23, 2013, 

proposed rule titled, ‘‘Kraft Pulp Mills 

NSPS Review’’ is being extended by 15 

days. 

DATES: Comments. The public comment 

period for the proposed rule published 

May 23, 2013 (78 FR 31315), is being 

extended by 15 days to July 23, 2013, in 

order to provide the public additional 

time to submit comments and 

supporting information. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
38878 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Proposed Rules 

ADDRESSES: Comments. Written 

comments on the proposed rule may be 

submitted to the EPA electronically, by 

mail, by facsimile or through hand 

delivery/courier. Please refer to the 

proposal (78 FR 31315) for the addresses 

and detailed instructions. 

Docket. Publicly available documents 

relevant to this action are available for 

public inspection either electronically at 

http://www.regulations.gov or in hard 

copy at the EPA Docket Center, 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. A reasonable fee may be 

charged for copying. The EPA has 

established the official public docket 

No. EPA–HQ–OAR–2012–0640. 

World Wide Web. The EPA Web site 

containing information for this 

rulemaking is: http://www.epa.gov/ttn/ 

atw/pulp/pulppg.html. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Kelley Spence, Natural Resources Group 

(E143–03), Sector Policies and Programs 

Division, Office of Air Quality Planning 

and Standards, U.S. Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711; telephone 

number: (919) 541–3158; fax number: 

(919) 541–3470; and email address: 

spence.kelley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Comment Period 

In response to requests from industry 

representatives and environmental 

groups, the EPA is extending the public 

comment period for an additional 15 

days. The public comment period will 

end on July 23, 2013, rather than July 8, 

2013. 

List of Subjects in 40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: June 21, 2013. 

Gina McCarthy, 

Assistant Administrator, Office of Air and 

Radiation. 

[FR Doc. 2013–15609 Filed 6–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 272 

[Docket No. FRA–2008–0131, Notice No. 1] 

RIN 2130–AC00 

Critical Incident Stress Plans 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of Proposed Rulemaking 

(NPRM). 

SUMMARY: FRA issues this proposed rule 

in accordance with a statutory mandate 

that the Secretary of Transportation 

require certain major railroads to 

develop, and submit to the Secretary for 

approval, critical incident stress plans 

that provide for appropriate support 

services to be offered to their employees 

who are affected by a ‘‘critical incident’’ 

as defined by the Secretary. The NPRM 

proposes a definition of the term 

‘‘critical incident,’’ the elements 

appropriate for the rail environment to 

be included in a railroad’s critical 

incident stress plan, the type of 

employees to be covered by the plan, a 

requirement that a covered railroad 

submit its plan to FRA for approval, and 

a requirement that a railroad adopt and 

comply with its FRA-approved plan. 

DATES: Written comments must be 

received by August 27, 2013. Comments 

received after that date will be 

considered to the extent possible 

without incurring additional delay or 

expense. 

FRA does not believe that a public, 

oral hearing will be necessary. However, 

if FRA receives a specific request for a 

public, oral hearing prior to July 29, 

2013, FRA will schedule a hearing and 

publish a supplemental notice in the 

Federal Register to inform interested 

parties of the date, time, and location of 

any such hearing. 

ADDRESSES: Comments: Comments 

related to Docket No. FRA–2008–0131, 

Notice No. 1, may be submitted by any 

of the following methods: 

• Web site: The Federal eRulemaking 

Portal, www.Regulations.gov. Follow the 

Web site’s online instructions for 

submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery: Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Room W12–140 on the 

Ground level of the West Building, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Instructions: All submissions must 

include the agency name, docket name, 

and docket number or Regulatory 

Identification Number (RIN) for this 

rulemaking. Note that all comments 

received will be posted without change 

to http://www.Regulations.gov, 

including any personal information 

provided. Please see the discussion 

under the Privacy Act heading in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.Regulations.gov at any time or 

visit the Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., Room W12– 

140, on the Ground level of the West 

Building, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: For 

program issues: Dr. Bernard J. Arseneau, 

Medical Director, Office of Railroad 

Safety, FRA, 1200 New Jersey Avenue 

SE., Washington, DC 20590 (telephone: 

(202) 493–6232), 

Bernard.Arseneau@dot.gov; or Ronald 

Hynes, Director, Office of Safety 

Assurance and Compliance, Office of 

Railroad Safety, FRA, 1200 New Jersey 

Avenue SE., Washington, DC 20590 

(telephone: (202) 493–6404), 

Ronald.Hynes@dot.gov. For legal issues: 

Veronica Chittim, Trial Attorney, Office 

of Chief Counsel, FRA, 1200 New Jersey 

Avenue SE., Washington, DC 20950 

(telephone: (202) 493–0273), 

Veronica.Chittim@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Supplementary 

Information 

I. Executive Summary 

II. Overview of Critical Incidents and Critical 

Incident Stress Plans 

A. Statutory Mandate and Authority To 

Conduct This Rulemaking 

B. Factual Background 

III. Overview of FRA’s Railroad Safety 

Advisory Committee (RSAC) 

IV. RSAC Critical Incident Working Group 

V. FRA’s Approach to Critical Incident Stress 

Plans 

VI. Section-by-Section Analysis 

VII. Regulatory Impact and Notices 

A. Executive Orders 12866 and 13563 and 

DOT Regulatory Policies and Procedures 

B. Executive Order 13175 

C. Regulatory Flexibility Act and Executive 

Order 13272 

D. Paperwork Reduction Act 

E. Environmental Impact 

F. Executive Order 13132, Federalism 

Implications 


sroberts on DSK5SPTVN1PROD with PROPOSALS