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 


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