Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Proposed Rules 23191 

State’s ability to provide for air quality 

and modeling, along with analysis of the 

associated data, related to the 1997 

8-hour ozone NAAQS when necessary. 

13. 110(a)(2)(L) Permitting fees: 

Florida addresses the review of 

construction permits as previously 

discussed in 110(a)(2)(C). Permitting 

fees in Florida are collected through the 

State’s federally-approved title V fees 

program, according to State regulation 

403.087(6)(a) Permit Fees. EPA has 

made the preliminary determination 

that Florida’s SIP and practices 

adequately provide for permitting fees 

related to the 1997 8-hour ozone 

NAAQS when necessary. 

14. 110(a)(2)(M) Consultation/ 

participation by affected local entities: 

Chapter 62–204, Air Pollution Control 

Provisions, requires that SIPs be 

submitted in accordance with 40 CFR 

part 51, Subpart F, for permitting 

purposes. Florida statute 403.061(21) 

authorizes DEP to ‘‘[a]dvise, consult, 

cooperate and enter into agreements 

with other agencies of the state, the 

Federal Government, other states, 

interstate agencies, groups, political 

subdivisions, and industries affected by 

the provisions of this act, rules, or 

policies of the department.’’ 

Furthermore, DEP 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 Florida’s 

SIP and practices adequately 

demonstrate consultation with affected 

local entities related to the 1997 8-hour 

ozone NAAQS when necessary. 

V. Proposed Action 

As described above, EPA has 

addressed the elements of the CAA 

110(a)(1) and (2) SIP requirements 

pursuant to EPA’s October 2, 2007, 

guidance to ensure that the 1997 8-hour 

ozone NAAQS are implemented, 

enforced, and maintained in Florida. 

EPA is now proposing four related 

actions on Florida’s December 13, 2007, 

submission as supplemented on April 

18, 2008. First, EPA is proposing to 

approve Florida’s infrastructure 

submission for the 1997 8-hour ozone 

NAAQS, with the specific exceptions as 

follows. Second, EPA is proposing a FIP 

to address 110(a)(G) for the 1997 8-hour 

ozone standard. EPA notes that the 

proposed FIP will not be necessary if 

EPA receives, and is able to take action 

on, a SIP revision to address the 

110(a)(2)(G) requirements prior to the 

Agency’s obligation to take final action 

per the terms of a settlement agreement 

related to this action. Third, EPA is 

proposing to disapprove Florida’s 

submission for portions of elements 

110(a)(2)(C) and 110(a)(2)(J) related to 

the regulation of GHG emissions. 

Fourth, EPA is proposing to 

conditionally approve sub-element 

110(a)(2)(E)(ii) related to section 128 of 

the CAA. 

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. 

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, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: March 30, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2012–9225 Filed 4–17–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R9–OAR–2011–0130; FRL–9661–4] 

State of Nevada; Regional Haze State 

and Federal Implementation Plans; 

BART Determination for Reid Gardner 

Generating Station 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Announcement of public 

hearing. 

SUMMARY: EPA is holding a public 

hearing on May 3, 2012 for the proposed 

rule, ‘‘Approval and Promulgation of 

Air Quality Implementation Plans; State 

of Nevada; Regional Haze State and 

Federal Implementation Plans; BART 

Determination for Reid Gardner 

Generating Station.’’ 

DATES: The public hearing will be held 

on May 3, 2012. 

ADDRESSES: We will hold a public 

hearing at Moapa Valley Empowerment 

High School, 2400 St. Joseph Street, 

Overton, Nevada 89040. The hearing 

will begin at 6:30 p.m. and continue 

until 8:30 p.m., if necessary. An open 

house will precede the public hearing at 

the same location from 5 p.m.–6 p.m. 

The EPA Region 9 Web site for the 

rulemaking, which includes the 

proposal and information about the 

public hearing, is at http:// 

www.epa.gov/region9/air/actions/ 

nv.html#reid. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about the public 

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23192 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Proposed Rules 

hearings, please contact Thomas Webb, 

EPA Region IX at 415–947–4139, or 

Webb.Thomas@epa.gov. If you require a 

reasonable accommodation, please 

contact Terisa Williams, EPA Region IX 

Reasonable Accommodations 

Coordinator at 415–972–3829, or 

Williams.Terisa@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

public hearing is to provide the public 

with an opportunity to present oral 

comments regarding a proposed 

Regional Haze State and Federal 

Implementation Plans for the BART 

Determination at the Reid Gardner 

Generating Station in the State of 

Nevada. The BART determinations 

require the Reid Gardner Generating 

Station to meet an emissions limit for 

oxides of nitrogen at Units 1, 2 and 3 of 

0.20 lbs/MMBtu on a 30-day rolling 

average. 

Public hearing: The proposed rule for 

which EPA will hold the public hearing 

is available at http://www.epa.gov/ 

region9/air/actions/nv.html#reid and 

also in the docket identified below. The 

public hearing will provide interested 

parties the opportunity to present data, 

views, or arguments concerning the 

proposal. EPA may ask clarifying 

questions during the oral presentations, 

but will not respond to the 

presentations at that time. We will 

consider written statements and 

supporting information submitted 

during the comment period with the 

same weight as any oral comments and 

supporting information presented at the 

public hearing. 

At the public hearing, the hearing 

officer may limit the time available for 

each commenter to address the proposal 

to five minutes or less if the hearing 

officer determines it is appropriate. We 

will not provide equipment for 

commenters to show overhead slides or 

make computerized slide presentations. 

Any person may provide written or oral 

comments and data pertaining to our 

proposal at the public hearing. We will 

include verbatim transcripts, in English, 

of the hearing and written statements in 

the rulemaking docket. 

EPA has established a docket for the 

proposed rule under Docket ID No. 

EPA–R09–OAR–2011–0130 (available at 

http://www.regulations.gov). 

Dated: April 11, 2012. 

Deborah Jordan, 

Air Division Director, Region IX. 

[FR Doc. 2012–9438 Filed 4–17–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0243; FRL–9659–9] 

Revisions to the California State 

Implementation Plan, Northern Sierra 

and Sacramento Metropolitan Air 

Quality Management Districts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Northern Sierra Air 

Quality Management District 

(NSAQMD) and Sacramento 

Metropolitan Air Quality Management 

District (SMAQMD) portions of the 

California State Implementation Plan 

(SIP). These revisions concern negative 

declarations for volatile organic 

compound (VOC) source categories for 

the NSAQMD and SMAQMD. We are 

proposing to approve these negative 

declarations under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Any comments on this proposal 

must arrive by May 18, 2012. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0243, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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: The index to the docket for 

this action is available electronically at 

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: 

Cynthia Allen, EPA Region IX, (415) 

947–4120, allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following 

negative declarations listed in Table I: 

TABLE 1—SUBMITTED NEGATIVE DECLARATIONS

Local agency Title Adopted Submitted 

NSAQMD ....................... Fiberglass Boat Manufacturing Materials .................................................................... 04/25/11 05/17/11 

NSAQMD ....................... Miscellaneous Industrial Adhesives ............................................................................ 04/25/11 05/17/11 

NSAQMD ....................... Automobile and Light-Duty Truck Assembly Coatings ............................................... 04/25/11 05/17/11 

NSAQMD ....................... Industrial Cleaning Solvents ........................................................................................ 05/19/08 08/14/08 

NSAQMD ....................... Offset Lithographic Printing and Letterpress Printing ................................................. 05/19/08 08/14/08 

NSAQMD ....................... Flexible Package Printing ............................................................................................ 05/19/08 08/14/08 

NSAQMD ....................... Flat Wood Paneling Coatings ..................................................................................... 05/19/08 08/14/08 

NSAQMD ....................... Paper, Film, and Foil Coatings ................................................................................... 05/19/08 08/14/08 

NSAQMD ....................... Large Appliance Coatings ........................................................................................... 05/19/08 08/14/08 

NSAQMD ....................... Metal Furniture Coatings ............................................................................................. 05/19/08 08/14/08 

SMAQMD ....................... Coating Operations at Aerospace Manufacturing and Rework Operations ............... 10/27/11 01/12/12 

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