Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Proposed Rules 81901 

required in the treatment of an illness or 

injury or in connection with maternity 

care (refer to paragraph (d) of this 

section). However, CHAMPUS benefits 

cannot be authorized to support or 

maintain an existing or potential drug 

abuse situation whether or not the drugs 

(under other circumstances) are eligible 

for benefit consideration and whether or 

not obtained by legal means. Drugs, 

including addictive drugs, prescribed to 

beneficiaries undergoing medically 

supervised treatment for a substance use 

disorder are not considered to be in 

support of, or to maintain, an existing or 

potential drug abuse situation and are 

allowed. The Director, TRICARE 

Management Activity may prescribe 

appropriate policies to implement this 

prescription drug benefit for those 

undergoing medically supervised 

treatment for a substance use disorder. 

* * * * * 

(ii) [Reserved] 

* * * * * 

Dated: December 21, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2011–33106 Filed 12–28–11; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0029–201163; FRL– 

9613–1] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; North Carolina and 

South Carolina; Charlotte; 

Determination of Attainment by 

Applicable Attainment Date for the 

1997 8-Hour Ozone Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine pursuant to the Clean Air Act 

(CAA), that the Charlotte-Gastonia-Rock 

Hill, North Carolina-South Carolina, 

ozone nonattainment area (hereafter 

referred to as ‘‘the bi-state Charlotte 

Area’’ or ‘‘the Area’’) has attained the 

1997 8-hour ozone national ambient air 

quality standards (NAAQS) by its 

applicable attainment date of June 15, 

2011. The determination of attainment 

was made by EPA on November 15, 

2011, based on quality-assured and 

certified monitoring data for the 2008– 

2010 monitoring period. EPA is now 

proposing to find that the bi-state 

Charlotte Area attained the 1997 8-hour 

ozone NAAQS by its applicable 

attainment date. EPA is proposing this 

action because it is consistent with the 

CAA and its implementing regulations. 

DATES: Comments must be received on 

or before January 30, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2011–0029, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2011–0029, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2011– 

0029.’’ EPA’s policy is that all 

comments received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

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 

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 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 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding this attainment 

determination, contact Mr. Sean 

Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. 

Telephone number: (404) 562–9043; 

email address: lakeman.sean@epa.gov. 

For information regarding 8-hour ozone 

NAAQS, contact Ms. Jane Spann, 

Regulatory Development Section, at the 

same address above. Telephone number: 

(404) 562–9029; email address: 

spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

II. What is the background for this action? 

III. What is the air quality in the bi-state 

Charlotte Area for the 1997 8-hour ozone 

NAAQS for the 2008–2010 monitoring 

period? 

IV. What is the proposed action and what is 

the effect of this action? 

V. Statutory and Executive Order Reviews 


wreier-aviles on DSK3TPTVN1PROD with PROPOSALS
81902 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Proposed Rules 

1Effective June 15, 2004, EPA designated the bistate Charlotte Area as a moderate area under the 

1997 8-hour ozone NAAQS. Moderate areas for the 

1997 8-hour ozone NAAQS had an applicable 

attainment date of June 15, 2010, unless the Area 

qualified for an extension. On May 31, 2011, EPA 

took final action to extend the applicable 

attainment date for the bi-state Charlotte Area to 

June 15, 2011. See 76 FR 31245 for more 

information. 

I. What action is EPA taking? 

Based on EPA’s review of the qualityassured and certified monitoring data 

for 2008–2010, and in accordance with 

section 179(c)(1) of the CAA and EPA’s 

regulations, EPA proposes to determine 

that the bi-state Charlotte Area has 

attained the 1997 8-hour ozone NAAQS 

by the applicable attainment date of 

June 15, 2011.1 The bi-state Charlotte 

Area is comprised of Cabarrus, Gaston, 

Lincoln, Mecklenburg, Rowan, Union 

and a portion of Iredell (Davidson and 

Coddle Creek Townships) Counties in 

North Carolina; a portion of York 

County in South Carolina; and the 

Catawba Indian Nation Reservation. On 

November 15, 2011, EPA published a 

final rulemaking making a 

determination of attainment to suspend 

the requirements for the bi-state 

Charlotte Area to submit an attainment 

demonstration and associated 

reasonably available control measures 

(RACM), a reasonable further progress 

(RFP) plan, contingency measures, and 

other planning State Implementation 

Plan (SIP) revisions related to 

attainment of the 1997 8-hour ozone 

NAAQS so long as the Area continues 

to attain the 1997 8-hour ozone NAAQS. 

See 76 FR 70656. Today’s proposed 

action merely makes a determination 

that the bi-state Charlotte Area has 

attained the 1997 8-hour ozone NAAQS 

by its applicable attainment date. This 

action is not a re-proposal of the 

attainment determination to suspend 

the requirements for the bi-state 

Charlotte Area to submit an attainment 

demonstration and associated RACM, a 

RFP plan, contingency measures, and 

other planning SIP revisions related to 

attainment of the standard. More 

information regarding the 1997 8-hour 

ozone NAAQS and the Area’s 

attainment of that NAAQS is available 

at 76 FR 70656 (November 15, 2011). 

II. What is the background for this 

action? 

As a nonattainment area for the 1997 

8-hour ozone NAAQS, the bi-state 

Charlotte Area had an applicable 

attainment date of June 15, 2011 (based 

on 2008–2010 monitoring data). 

Pursuant to section 179(c) of the CAA, 

EPA is required to make a determination 

on whether the Area attained the 

standard by its applicable attainment 

date. Specifically, section 179(c)(1) of 

the CAA reads as follows: ‘‘As 

expeditiously as practicable after the 

applicable attainment date for any 

nonattainment area, but not later than 6 

months after such date, the 

Administrator shall determine, based on 

the area’s air quality as of the attainment 

date, whether the area attained the 

standard by that date.’’ 

III. What is the air quality in the bistate Charlotte Area for the 1997 8- 

Hour ozone NAAQS for the 2008–2010 

monitoring period? 

Pursuant to EPA regulation 40 CFR 

50.10, the 1997 8-hour ozone NAAQS is 

met when the 3-year average of the 

annual fourth highest daily maximum 

8-hour average ambient air quality 

ozone concentrations, as determined in 

accordance with 40 CFR part 50, 

Appendix I, is less than or equal to 0.08 

parts per million (ppm) (i.e., 0.084 ppm 

when rounding is considered) in the 

subject area. 

EPA reviewed the ambient air 

monitoring data for the bi-state 

Charlotte Area in accordance with the 

provisions of 40 CFR part 50, Appendix 

I. All data considered have been qualityassured, certified, and recorded in 

EPA’s Air Quality System database. This 

review addresses air quality data 

collected in the 3-year period from 

2008–2010, which is the period that 

EPA must consider for areas with an 

applicable attainment date of June 15, 

2011. 

TABLE 1—DESIGN VALUES FOR COUNTIES IN THE BI-STATE CHARLOTTE, NORTH AND SOUTH CAROLINA NONATTAINMENT

AREA FOR THE 1997 8-HOUR OZONE NAAQS 

Location AQS site ID 2008 

(ppm) 

2009 

(ppm) 

2010 

(ppm) 

2008–2010 

Design value 

(ppm) 

Lincoln County (NC) .......................... 1487 Riverview Rd. (37–109–0004) 0.079 0.065 0.072 0.072 

Mecklenburg County (NC) ................. 1130 Eastway Dr. (37–119–0041) ... 0.085 0.069 0.082 0.078 

Mecklenburg County (NC) ................. 400 Westinghouse Blvd. (37–119– 

1005).

0.073 0.068 0.078 0.073 

Mecklenburg County (NC) ................. 29 N @ Mecklenburg Cab Co. ( 37– 

119–1009).

0.093 0.071 0.082 0.082 

Rowan County (NC) .......................... 301 West St & Gold Hill Ave. (37– 

159–0021).

0.084 0.071 0.077 0.077 

Rowan County (NC) .......................... 925 N Enochville Ave. (37–159– 

0022).

0.082 0.073 0.078 0.077 

Union County (NC) ............................ 701 Charles St. (37–179–0003) ...... 0.08 0.067 0.071 0.072 

As shown above in Table 1, during 

the 2008–2010 design period, the bistate Charlotte Area met the 1997 8-hour 

ozone NAAQS. The official annual 

design value for the bi-state Charlotte 

Area for the 2008–2010 period is 0.082 

ppm. More detailed information on the 

monitoring data for the bi-state 

Charlotte Area during the 2008–2010 

design period is provided in EPA’s 

November 15, 2011, final rulemaking to 

approve the clean data determination 

for the bi-state Charlotte Area for the 

1997 8-hour ozone NAAQS. See 76 FR 

70656. 

IV. What is the proposed action and 

what is the effect of this action? 

This action is a proposed 

determination that the bi-state Charlotte 

Area has attained the 1997 8-hour ozone 

NAAQS by its applicable attainment 

date of June 15, 2011, consistent with 

the CAA section 179(c)(1). Finalizing 

this proposed action would not 

constitute a redesignation of the bi-state 

Charlotte Area to attainment of 1997 8- 

hour ozone NAAQS under section 

107(d)(3) of the CAA. Further, finalizing 

this proposed action would not involve 

approving a maintenance plan for the 

bi-state Charlotte Area as required under 

section 175A of the CAA, nor would it 


wreier-aviles on DSK3TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Proposed Rules 81903 

2The Catawba Indian Nation Reservation is 

located within the South Carolina portion of the bistate Charlotte nonattainment area. Generally, SIPs 

do not apply in Indian country throughout the 

United States. However, for purposes of the 

Catawba Indian Nation Reservation in Rock Hill, 

the South Carolina SIP does apply within the 

Reservation pursuant to the Catawba Indian Claims 

Settlement Act, S.C. Code Ann. 27–16–120 

(providing that ‘‘all state and local environmental 

laws and regulations apply to the [Catawba Indian 

Nation] and Reservation and are fully enforceable 

by all relevant state and local agencies and 

authorities.’’) 

constitute a determination that the bistate Charlotte Area has met all other 

requirements for redesignation. Even if 

EPA finalizes today’s proposed action, 

the designation status of the bi-state 

Charlotte Area would remain 

nonattainment for the 1997 8-hour 

ozone NAAQS until such time as EPA 

determines that the Area meets the CAA 

requirements for redesignation to 

attainment and takes action to 

redesignate the Area. 

V. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination of attainment based on 

air quality, and would 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). 

Consistent with Executive Order 13175 

(65 FR 67,249, November 9, 2000) and 

EPA’s Policy on Consultation and 

Coordination with Indian Tribes, EPA 

has consulted with Catawba Indian 

Nation regarding today’s proposed 

action.2 In a letter dated October 13, 

2011, EPA extended the Catawba Indian 

Nation an opportunity to consult with 

EPA regarding this and other actions 

related to the Charlotte Area. 

Consultation with the Catawba Indian 

Nation began on October 14, 2011, and 

ended on October 31, 2011. The views 

and concerns raised by the Tribe during 

consultation have been taken into 

account in this direct final rule. EPA 

notes today’s action 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 19, 2011. 

Gwendolyn Keyes Fleming, 

Regional Administrator, Region 4. 

[FR Doc. 2011–33273 Filed 12–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2010–0895; FRL–9614–1] 

RIN 2060–AQ11 

National Emission Standards for 

Hazardous Air Pollutants: Ferroalloys 

Production; Extension of Comment 

Period 

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 November 23, 2011, 

proposed Rule Titled ‘‘National 

Emission Standards for Hazardous Air 

Pollutants: Ferroalloys Production’’ is 

being extended for 22 days. 

DATES: Comments. The public comment 

period for the proposed rule published 

November 23, 2011 (76 FR 72508), is 

being extended for 22 days to January 

31, 2012, in order to provide the public 

additional time to submit comments and 

supporting information. 

ADDRESSES: Comments. Written 

comments on the proposed rule may be 

submitted to EPA electronically, by 

mail, by facsimile or through hand 

delivery/courier. Please refer to the 

proposal 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 Avenue 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. 

World Wide Web. The EPA Web site 

for this rulemaking is at: http:// 

www.epa.gov/ttn/atw/ferroa/ 

ferropg.html. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Conrad Chin, Metals and Inorganic 

Chemicals Group (D243–02), 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– 

1512; Fax number (919) 541–3207; 

Email address: chin.conrad@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Comment Period 

Due to requests received from 

industry to extend the public comment 

period, the EPA is extending the public 

comment period for an additional 22 

days. Therefore, the public comment 

period will end on January 31, 2012, 

rather than January 9, 2012. 

How can I get copies of this document 

and other related information? 

The EPA has established the official 

public docket No. EPA–HQ–OAR–2010– 

0895. The EPA has also developed Web 

sites for the proposed rulemaking at the 

addresses given above. 

Dated: December 22, 2011. 

Gina McCarthy, 

Assistant Administrator, Office of Air and 

Radiation. 

[FR Doc. 2011–33460 Filed 12–28–11; 8:45 am] 

BILLING CODE 6560–50–P 


wreier-aviles on DSK3TPTVN1PROD with PROPOSALS