Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Proposed Rules 43205 

NCAC 2Q.0307, Public Participation 

Procedures requires that DAQ notify the 

public of an application, a preliminary 

determination, the activity or activities 

involved in a permit action, any 

emissions associated with a permit 

modification, and the opportunity for 

comment prior to making a final 

permitting decision. Furthermore, DAQ 

has demonstrated consultation with, 

and participation by, affected local 

entities through its work with local 

political subdivisions during the 

developing of its Transportation 

Conformity SIP and Regional Haze 

Implementation Plan. EPA has made the 

preliminary determination that North 

Carolina’s SIP and practices adequately 

demonstrate consultation with affected 

local entities related to the 1997 annual 

and 2006 24-hour PM2.5 NAAQS when 

necessary. 

V. Proposed Action 

EPA is now proposing two related 

types of actions. First, EPA is proposing 

to determine that the North Carolina SIP 

is currently adequate, as explained in 

North Carolina’s April 1, 2008, and 

September 21, 2009, submittals, to meet 

the requirements of CAA 110(a)(1) and 

(2)(A)–(B), (D)–(H), (K)–(M), pursuant to 

EPA’s October 2, 2007, and September 

25, 2009, guidance to ensure that the 

1997 annual and 2006 24-hour PM2.5

NAAQS are implemented, enforced, and 

maintained in North Carolina. Second, 

EPA is proposing to conditionally 

approve North Carolina’s infrastructure 

submissions for both the 1997 annual 

and 2006 24-hour PM2.5 NAAQS with 

regard to CAA sections 110(a)(2)(C), 

110(a)(2)(E)(ii) and 110(a)(2)(J). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

See 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 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 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, Intergovernmental 

relations, Nitrogen dioxide, Particulate 

Matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: July 13, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2012–18051 Filed 7–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0026, FRL–9704–5] 

Notice of Data Availability for 

Approval, Disapproval and 

Promulgation of Implementation Plans; 

State of Wyoming; Regional Haze State 

Implementation Plan; Federal 

Implementation Plan for Regional Haze 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of data availability 

(NODA). 

SUMMARY: EPA is providing notice that 

information has been posted in the 

docket pertaining to EPA’s proposed 

action on the State Implementation Plan 

(SIP) revision submitted by the State of 

Wyoming on January 12, 2011, that 

addresses regional haze. (Docket ID No. 

EPA–R08–OAR–2012–0026). This 

information is relevant to the portion of 

the rulemaking pertaining to the 

proposed Federal Implementation Plan 

(FIP) and proposals in the alternative for 

PacifiCorp Jim Bridger Unit 1 and Unit 

2. EPA is requesting comment on the 

new data provided in the docket. This 

information could impact EPA’s final 

decision on the rulemaking as it 

pertains to Jim Bridger Unit 1 and Unit 

2. 

DATES: Comments on the NODA must be 

received on or before August 3, 2012. 

This date corresponds to the date 

comments must be received for the 

proposed rulemaking. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2012–0026, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: r8airrulemakings@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Carl Daly, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Carl Daly, Director, 

Air Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8:00 a.m. to 4:30 p.m., excluding 

Federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 


Emcdonald on DSK67QTVN1PROD with PROPOSALS
43206 Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Proposed Rules 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2012– 

0026. 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:// 

ww.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 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 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, 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 instructions on 

submitting comments, go to Section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

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 Air Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop, 

Denver, Colorado 80202–1129. EPA 

requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Laurel Dygowski, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–6144, 

dygowski.laurel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit CBI 

to 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 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. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. 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. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Proposed Rulemaking 

Detailed background information 

describing the proposed rulemaking 

may be found in a previously published 

document: Approval, Disapproval and 

Promulgation of Implementation Plans; 

State of Wyoming; Regional Haze State 

Implementation Plan; Federal 

Implementation Plan for Regional Haze; 

Proposed Rule (77 FR 33022, June 4, 

2012). 

III. New Information Placed in the 

Docket 

EPA requests comment on the 

information described below that has 

been added to docket EPA–R08–OAR– 

2012–0026. 

• A July 12, 2012 letter from Micheal 

Dunn, PacifiCorp, to Carl Daly, EPA 

Region 8. The information provided in 

the letter is to support EPA’s third 

proposal in the alternative for Jim 

Bridger Unit 1 and Unit 2 as described 

in the proposed rulemaking. 

Dated: July 16, 2012. 

Judith Wong, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2012–18075 Filed 7–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0566; FRL–9703–8] 

Limited Approval and Disapproval of 

Air Quality Implementation Plans; 

Nevada; Clark County; Stationary 

Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing a limited 

approval and limited disapproval of 

revisions to the Clark County portion of 

the applicable state implementation 

plan (SIP) for the State of Nevada. The 

submitted revisions include new and 

amended rules governing the issuance 

of permits for stationary sources, 

including review and permitting of 

major sources and major modifications 

under parts C and D of title I of the 

Clean Air Act (CAA). The intended 

effect of this proposed limited approval 

and limited disapproval action is to 

update the applicable SIP with current 

Clark County permitting rules and to set 

the stage for remedying certain 

deficiencies in these rules. If finalized 

as proposed, this limited disapproval 

action would trigger an obligation on 

EPA to promulgate a Federal 


Emcdonald on DSK67QTVN1PROD with PROPOSALS