46008 Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Proposed Rules 

9Although not specific to this action, EPA will 

also continue to work with WDNR to ensure that 

revisions to the State’s PSD program contain 

provisions that explicitly identify NOX as a 

precursor to ozone, consistent with the Phase 2 

Rule. 

The grounds for EPA’s proposed 

disapproval of portions of the 

infrastructure SIP submittals from Ohio, 

Michigan, and Wisconsin are very 

narrow, and pertain only to these 

specific deficiencies in the States’ SIPs 

described in the relevant sections of this 

proposed action. 

As previously discussed, Michigan 

and Ohio have been working on 

revisions to their PSD programs, 

consistent with the requirements of the 

Phase 2 Rule and the 2008 NSR Rule. 

We will work with the States to rectify 

these issues promptly. In addition, EPA 

will work with WDNR to account for the 

explicit identification of precursors to 

PM2.5, as well as PM2.5 and PM10

condensables, in its PSD program.9

Under section 179(a) of the CAA, final 

disapproval of a submission that 

addresses a requirement of a Part D Plan 

(section 171—section 193 of the CAA), 

or is required in response to a finding 

of substantial inadequacy as described 

in section 110(k)(5) starts a sanction 

clock. The provisions in the 

submissions we are disapproving were 

not submitted by Michigan, Ohio, or 

Wisconsin to meet either of those 

requirements. Therefore, if EPA takes 

final action to disapprove these 

submissions, no sanctions under section 

179 will be triggered. 

The full or partial disapproval of a SIP 

revision triggers the requirement under 

section 110(c) that EPA promulgate a 

FIP no later than two years from the 

date of the disapproval unless the state 

corrects the deficiency, and the 

Administrator approves the plan or plan 

revision before the Administrator 

promulgates such FIP. As previously 

mentioned, EPA anticipates that MDEQ 

and Ohio EPA will make submissions 

rectifying each of these deficiencies. 

Further, EPA anticipates acting on the 

submissions within the two year time 

frame prior to our FIP obligation on 

these very narrow issues. In the interim, 

EPA expects Michigan and Ohio to treat 

and explicitly identify NOX as a 

precursor to ozone for PSD permitting 

consistent with the requirements of the 

Phase 2 Rule. EPA also expects these 

States to adhere to the requirements of 

the 2008 NSR Rule with respect to the 

treatment and identification of PM2.5

precursors and the accounting for PM2.5

and PM10 condensables in permitting 

emissions limits in their respective PSD 

programs. 

EPA will actively work with 

Wisconsin to incorporate changes to its 

PSD program that explicitly identify 

PM2.5 precursors and account for PM2.5

and PM10 condensables in permitting 

emissions limits, consistent with the 

2008 NSR Rule. In the interim, EPA 

expects WDNR to adhere to the 

associated requirements of the 2008 

NSR Rule in its PSD program, 

specifically with respect to the explicit 

identification of PM2.5 precursors, and 

the accounting for PM2.5 and PM10

condensables in permitting emissions 

limits. 

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 

CAA 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 CAA. 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 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 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, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: July 20, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2012–18880 Filed 8–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0194; FRL–9709–4] 

Approval and Promulgation of State 

Implementation Plans: Idaho; BoiseNorthern Ada County Air Quality 

Maintenance Area; Second 10-Year 

Carbon Monoxide Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of Idaho 

(the State). The Idaho State Department 

of Environmental Quality (IDEQ) 

submitted the Northern Ada County Air 

Quality Maintenance Area Second 10- 

year Carbon Monoxide Maintenance 

Plan on February 10, 2011. In 

accordance with the requirements of the 

Federal Clean Air Act (the Act), EPA is 

proposing to approve the revision 

because the State adequately 

demonstrates that the Boise-Northern 

Ada County Air Quality Maintenance 

Area will maintain air quality standards 

for carbon monoxide (CO) through the 

year 2022. 

DATES: Comments must be received on 

or before September 4, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Proposed Rules 46009 

OAR–2011–0194, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: chi.john@epa.gov 

• Mail: John Chi, U.S. EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

107), 1200 Sixth Avenue, Suite 900, 

Seattle WA, 98101. 

• Hand Delivery/Courier: U.S. EPA 

Region 10, 1200 Sixth Avenue, Suite 

900, Seattle WA, 98101. Attention: John 

Chi, Office of Air, Waste and Toxics, 

AWT–107. Such deliveries are only 

accepted during normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

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: John 

Chi at telephone number: (206) 553– 

1230, email address: chi.john@epa.gov, 

fax number: (206) 553–0110, or Claudia 

Vergnani Vaupel at telephone number: 

(206) 553–6121, email address: 

vaupel.claudia@epa.gov, or the above 

EPA, Region 10 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 State’s SIP revision as a direct final 

rule without prior proposal because 

EPA views this as a noncontroversial 

SIP revision 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 23, 2012. 

Dennis J. McLerran, 

Regional Adminstrator, EPA Region 10. 

[FR Doc. 2012–18786 Filed 8–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1999–0010–; FRL–9704– 

3] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Eastland Woolen Mill 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule; notice of intent. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 1 is issuing a 

Notice of Intent to Delete the following 

properties at the Eastland Woolen Mill 

Superfund Site (Site) located in 

Corinna, Maine, from the National 

Priorities List (NPL) and requests public 

comments on this proposed action. 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Maine, through the Maine 

Department of Environmental 

Protection, have determined that all 

appropriate response actions at these 

identified parcels under CERCLA, other 

than and five-year reviews, have been 

completed. However, this deletion does 

not preclude future actions under 

Superfund. 

This partial deletion pertains to all 

Site media (including soil and 

groundwater). 

DATES: Comments must be received by 

September 4, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1999–0010, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

on-line instructions for submitting 

comments. 

• Email: hathaway.ed@epa.gov. 

• Fax: 1–617–918–0372. 

• Mail: Edward Hathaway, U.S. EPA 

Remedial Project Manager, 5 Post Office 

Square (OSRR07–1), Boston, MA 02109– 

3912. 

• Hand Delivery: Edward Hathaway, 

U.S. EPA Remedial Project Manager, 5 

Post Office Square (OSRR07–1), Boston, 

MA 02109–3912. 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–SFUND–1999– 

0010. 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 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. 

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 statue. 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 on disk or 

physical copy at: 

EPA Region 1 Record Center, 5 Post 

Office Square, Boston, MA 02109. 

Phone: 1–617–918–1440. Hours: 

Mon–Fri 8 a.m. to 5 p.m. 

Stewart Free Library, 8 Levi Stewart 

Drive, Corinna, ME 04928. Phone: 1– 

207–278–2454. Hours: Tuesday: 9 


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