Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 17307 

(2) In accordance with 10 U.S.C. 2536, 

DoD and the Department of Energy 

(DOE) cannot award a contract 

involving access to proscribed 

information to a contractor effectively 

owned or controlled by a foreign 

government unless a waiver has been 

issued by the Secretary of Defense or 

Secretary of Energy. 

(3) NIDs may be program-, project-, or 

contract-specific. For program and 

project NIDs, a separate NID is not 

required for each contract. The CSO 

may require the GCA to identify all 

contracts covered by the NID. NID 

decisions shall be made by officials as 

specified by CSA policy or as 

designated by the agency head. 

(4) NID decisions shall be made 

within 30 days. 

(i) Where no interagency coordination 

is required because the department or 

agency owns or controls all of the 

proscribed information in question, the 

GCA shall provide a final documented 

decision to the applicable CSO, with a 

copy to the contractor, within 30 days 

of the date of the request for the NID. 

(ii) If the proscribed information is 

owned by, or under the control of, a 

department or agency other than the 

GCA (e.g., National Security Agency 

(NSA) for Communications Security, the 

Office of the Director of National 

Intelligence (ODNI) for Sensitive 

Compartmented Information, and DOE 

for Restricted Data), the GCA shall 

provide written notice to that 

department or agency that its written 

concurrence is required. Such notice 

shall be provided within 30 days of 

being informed by the CSO of the 

requirement for a NID. The GCA shall 

provide a final documented decision to 

the applicable CSO, with a copy to the 

contractor, within 60 days of the date of 

the request for the NID. 

(iii) If the NID decision is not 

provided within 30 days, per 

§ 2004.22(c)(4)(i), or 60 days, per 

§ 2004.22(c)(4)(ii), the CSA shall 

intercede to request the GCA to provide 

a decision. In such instances, the GCA, 

in addition to formally notifying the 

CSA of the special circumstances, per 

§ 2004.22(c)(1)(iii), will provide the CSA 

or its designee with updates at 30-day 

intervals. The CSA, or its designee, will, 

in turn, provide the contractor with 

updates at 30-day intervals until the 

NID decision is made. 

(5) The CSO shall not delay 

implementation of an SSA pending 

completion of a GCA’s NID processing, 

provided there is no indication that a 

NID will be denied either by the GCA 

or the owner of the information (i.e., 

NSA, DOE, or ODNI). However, the 

contractor shall not have access to 

additional proscribed information under 

a new contract until the GCA 

determines that the release of the 

information is consistent with national 

security interests and issues a NID. 

(6) The CSO shall not upgrade an 

existing contractor clearance under an 

SSA to Top Secret unless an approved 

NID covering the prospective Top Secret 

access has been issued. 

Dated: March 30, 2010. 

William J. Bosanko, 

Director, Information Security Oversight 

Office. 

Approved: March 30, 2010. 

David S. Ferriero, 

Archivist of the United States. 

[FR Doc. 2010–7776 Filed 4–5–10; 8:45 am] 

BILLING CODE 7515–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0521; FRL–9096–8] 

Revisions to the Arizona State 

Implementation Plan; Pinal County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the Pinal County portion of 

the Arizona State Implementation Plan 

(SIP). These revisions were proposed in 

the Federal Register on August 17, 2009 

and concern particulate matter (PM) 

emissions from construction, 

earthmoving, and related activities, and 

commercial and residential unpaved 

parking lots. We are approving these 

local rules that regulate these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on May 6, 2010. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2009–0521 for 

this action. The index to the docket is 

available electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Wamsley, EPA Region IX, (415) 947– 

4111, wamsley.jerry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On August 17, 2009 (74 FR 41357), 

EPA proposed to approve into the 

Arizona SIP the rules listed below. 

Local agency Rule No. Rule title Adopted Submitted 

Pinal County ................................. 2–8–302 Performance Standards—Hayden PM10 Non-attainment Area ....... 01/07/09 06/12/09 

4–2–020 Fugitive Dust—General ..................................................................... 12/04/02 06/12/09 

4–2–030 Fugitive Dust—Definitions ................................................................. 12/04/02 06/12/09 

4–4 PM–10 Non-attainment Area Rules; Dustproofing and Stabilization 

for Commercial Unpaved Parking, Drive and Working Yards.

06/03/09 06/12/09 

4–5 PM–10 Non-attainment Area Rules; Stabilization for Residential 

Parking and Drives.

06/03/09 06/12/09 

4–7 Construction Sites in Non-Attainment Areas—Fugitive Dust ........... 06/03/09 06/12/09 

4–9 Test Methods .................................................................................... 06/03/09 06/12/09 


sroberts on DSKD5P82C1PROD with RULES
17308 Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 

We proposed to approve these rules 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

and our evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received one inquiry as to 

how to obtain the Technical Support 

Document and other electronic files 

related to the rulemaking. We received 

no other comments. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted rules comply with the 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 

Act, EPA is fully approving these rules 

into the Arizona SIP. 

Also, on August 17, 2009, we 

published an Interim Final 

Determination staying and deferring 

CAA section 179 sanctions for Pinal 

County pending our final action on the 

rules listed above (see 74 FR 41340). 

With this final approval action, we find 

that these rules correct the deficiencies 

we described in our August 1, 2007 

limited disapproval action (see 72 FR 

41896). Consequently, all section 179 

sanctions and our Federal 

Implementation Plan obligations under 

CAA section 110(c) following from our 

August 1, 2007 limited disapproval are 

terminated upon the effective date of 

this final rule action. 

IV. Statutory and Executive Order 

Reviews 

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 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 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 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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 7, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: November 24, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

Editorial Note: This document was 

received in the Office of the Federal Register 

on April 1, 2010. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart D—Arizona 

■ 2. Section 52.120 is amended by 

adding paragraph (c)(145) to read as 

follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(145) New and amended regulations 

were submitted on June 12, 2009 by the 

Governor’s designee. 

(i) Incorporation by Reference. 

(A) Pinal County Air Quality Control 

District. 

(1) Rule 2–8–302, ‘‘Performance 

Standards—Hayden PM–10 Nonattainment Area,’’ adopted on January 7, 

2009. 

(i) Pinal County Board of Supervisors, 

Resolution No. 010709–AQ3, Pinal 

County Air Quality Control District, ‘‘A 

Resolution of the Board of Supervisors 

of Pinal County, Adopting Certain 

Revisions to the Pinal County Air 

Quality Control District Rules, adopted 

January 7, 2009; to Wit: Rule 2–8–302 

(Performance Standards—Hayden PM10 

Nonattainment Area). Rule 4–2–020, 

‘‘Fugitive Dust—General,’’ amended on 

December 4, 2002. Rule 4–2–030, 

‘‘Fugitive Dust—Definitions,’’ amended 

on December 4, 2002. Chapter 4, Article 


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Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 17309 

4, ‘‘PM–10 Non-attainment Area Rules; 

Dustproofing and Stabilization for 

Commercial Unpaved Parking, Drive 

and Working Yards’’; Section 4–4–100, 

‘‘General Provisions,’’ amended on June 

3, 2009; Section 4–4–110, ‘‘Definitions,’’ 

amended on June 3, 2009; Section 4–4– 

120, ‘‘Objective Standards,’’ amended on 

June 3, 2009; Section 4–4–130, ‘‘Work 

Practice Standards,’’ adopted on June 3, 

2009; Section 4–4–140, ‘‘Recordkeeping 

and Records Retention,’’ adopted on 

June 3, 2009. Chapter 4, Article 5, ‘‘PM– 

10 Non-attainment Area Rules; 

Stabilization for Residential Parking and 

Drives’’; Section 4–5–150, ‘‘Stabilization 

for Residential Parking and Drives; 

Applicability,’’ amended on June 3, 

2009; Section 4–5–160, ‘‘Residential 

Parking Control Requirement,’’ amended 

on June 3, 2009; Section 4–5–170, 

‘‘Deferred enforcement date,’’ amended 

on June 3, 2009. Chapter 4, Article 7, 

‘‘Construction Sites in Non-Attainment 

Areas—Fugitive Dust’’; Section 4–7–210, 

‘‘Definitions,’’ adopted on June 3, 2009; 

Section 4–7–214, ‘‘General Provisions,’’ 

adopted on June 3, 2009; Section 4–7– 

218, ‘‘Applicability; Development 

Activity,’’ adopted on June 3, 2009; 

Section 4–7–222, ‘‘Owner and/or 

Operator Liability,’’ adopted on June 3, 

2009; Section 4–7–226, ‘‘Objective 

Standards; Sites,’’ adopted on June 3, 

2009; Section 4–7–230, ‘‘Obligatory 

Work Practice Standards; Sites,’’ 

adopted on June 3, 2009; Section 4–7– 

234, ‘‘Nonattainment-Area Dust Permit 

Program; General Provisions,’’ adopted 

on June 3, 2009; Section 4–7–238, 

‘‘Nonattainment Area Site Permits,’’ 

adopted on June 3, 2009; Section 4–7– 

242, ‘‘Nonattainment Area Block 

Permits,’’ adopted on June 3, 2009; 

Section 4–7–246, ‘‘Recordkeeping and 

Records Retention,’’ adopted on June 3, 

2009. Chapter 4, Article 9, ‘‘Test 

Methods’’; Section 4–9–320, ‘‘Test 

Methods for Stabilization For Unpaved 

Roads and Unpaved Parking Lots,’’ 

adopted on June 3, 2009; Section 4–9– 

340, ‘‘Visual Opacity Test Methods,’’ 

adopted on June 3, 2009. 

* * * * * 

[FR Doc. 2010–7737 Filed 4–5–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[EPA–R10–RCRA–2009–0868; FRL–9122–8] 

Idaho: Incorporation by Reference of 

Approved State Hazardous Waste 

Management Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Resource Conservation 

and Recovery Act, as amended, (RCRA), 

allows the Environmental Protection 

Agency (EPA) to authorize State 

hazardous waste programs if EPA finds 

that such programs are equivalent to 

and consistent with the Federal RCRA 

program and if such programs provide 

adequate enforcement of compliance. 

The regulations are used by EPA to 

codify its decision to authorize 

individual State programs and 

incorporate by reference those 

provisions of the State statutes and 

regulations that are subject to EPA’s 

RCRA inspection and enforcement 

authorities as authorized provisions of 

the State’s program. This direct final 

rule revises the codification of the 

authorized Idaho hazardous waste 

management program and incorporates 

by reference authorized provisions of 

the State’s statutes and regulations. 

DATES: This rule is effective June 7, 

2010, unless the EPA receives adverse 

comment on this regulation by the close 

of business May 6, 2010. If the EPA 

receives such comments, EPA will 

publish a timely withdrawal of this 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. The Director of the 

Federal Register approves this 

incorporation by reference as of June 7, 

2010 in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

RCRA–2009–0868 by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: hedgpeth.zach@epa.gov. 

• Mail: Zach Hedgpeth, U.S. EPA, 

Region 10, 1200 Sixth Avenue, Suite 

900, Mail Stop AWT–122, Seattle, 

Washington 98101. 

• Hand Delivery: Zach Hedgpeth, U.S. 

EPA, Region 10, 1200 Sixth Avenue, 

Suite 900, Mail Stop AWT–122, Seattle, 

Washington 98101. Such deliveries are 

only accepted during the normal 

business hours of operation; special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–RCRA–2009– 

0868. 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. 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 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 EPA Region 10 Library, 1200 Sixth 

Avenue, Seattle, Washington 98101. 

This Docket Facility is open from 9 a.m. 

to noon, and 1 to 4 p.m. Monday 

through Friday, excluding legal 

holidays. The library telephone number 

is 206–553–1289. 

FOR FURTHER INFORMATION CONTACT: 

Zach Hedgpeth, U.S. EPA, Region 10, 


sroberts on DSKD5P82C1PROD with RULES