35326 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Proposed Rules 

Energy Effects 

The Agency has reviewed this 

proposed rule under Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use.’’ The Agency has 

determined that this proposed rule does 

not constitute a significant energy action 

as defined in the Executive Order. 

Controlling Paperwork Burdens on the 

Public 

This proposed rule does not contain 

any additional record keeping or 

reporting requirements or other 

information collection requirements as 

defined in 5 CFR part 1320 that are not 

already required by law or not already 

approved for use, and therefore, 

imposes no additional paperwork 

burden on the public. Accordingly, the 

review provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) and its implementing 

regulations at 5 CFR part 1320 do not 

apply. 

List of Subjects in 36 CFR Part 220 

Administrative practices and 

procedures, Environmental impact 

statements, Environmental protection, 

National forests, Science and 

technology. 

For the reasons set out in the 

preamble, the Forest Service proposes to 

amend part 220 of title 36 of the Code 

of Federal Regulations as follows: 

PART 220—NATIONAL 

ENVIRONMENTAL POLICY ACT 

(NEPA) COMPLIANCE 

1. The authority citation for 36 CFR 

part 220 continues to read as follows: 

Authority: 42 U.S.C. 4321 et seq.: E.O. 

11514; 40 CFR parts 1500–1508; 7 CFR part 

1b. 

2. In § 220.6, add paragraphs (e)(18), 

(19), and (20) categorical exclusion 

categories read as follows: 

§ 220.6 Categorical exclusions. 

* * * * * 

(e) * * * 

(18) Restoring wetlands, streams, and 

riparian areas by removing, replacing, or 

modifying water control structures such 

as, but not limited to, dams, levees, 

dikes, ditches, culverts, pipes, valves, 

gates, and fencing, to allow waters to 

flow into natural channels and 

floodplains and restore natural flow 

regimes to the extent practicable. 

Examples include but are not limited to: 

(i) Removing, replacing, or repairing 

existing water control structures that are 

no longer functioning properly; only 

minimal dredging, excavation, or 

placement of fill is required and do not 

involve releasing hazardous substances; 

(ii) Installing a newly designed 

culvert that replaces an existing 

inadequate culvert to improve aquatic 

organism passage or prevent resource or 

property damage where the road or trail 

maintenance level does not change; and 

(iii) Removing a culvert and installing 

a bridge to improve aquatic and/or 

terrestrial organism passage or prevent 

resource or property damage where the 

road or trail maintenance level does not 

change. 

(19) Removing debris and sediment 

following natural or human-caused 

disturbance events (such as floods, 

hurricanes, tornados, mechanical/ 

engineering failures, etc.) to restore 

uplands, wetlands, or riparian systems 

to pre-disturbance conditions, to the 

extent practicable, such that site 

conditions will not impede or 

negatively alter natural processes. 

Examples include but are not limited to: 

(i) Removing deposited debris and 

sediment resulting from natural or 

human-caused disturbance events from 

impacted sites using manual or 

mechanized equipment where minimal 

excavation is required; 

(ii) Clean-up and removal of 

infrastructure debris, such as, benches, 

tables, outhouses, concrete, culverts, 

and asphalt following a flood event from 

a stream reach and/or adjacent wetland 

area; 

(iii) Removal of downed or damaged 

trees that limit or reduce public access, 

result in potential risks to public safety, 

or where removal is needed to restore 

wildlife, or protect infrastructure; and 

(iv) Stabilizing stream banks and 

associated stabilization structures to 

reduce erosion through bioengineering 

techniques following a natural or 

human-caused event, including the 

utilization of living and nonliving plant 

materials in combination with natural 

and synthetic support materials, such as 

rocks, riprap, geo-textiles, for slope 

stabilization, erosion reduction, and 

vegetative establishment and 

establishment of appropriate plant 

communities (bank shaping and 

planting, brush mattresses, log, root 

wad, and boulder stabilization 

methods). 

(20) Activities that restore, 

rehabilitate, or stabilize lands occupied 

by non-National Forest System roads 

and trails to a more natural condition 

that may include removing, replacing, 

or modifying drainage structures and 

ditches, reestablishing vegetation, 

reshaping natural contours and slopes, 

reestablishing drainage-ways, or other 

activities that would restore site 

productivity and reduce environmental 

impacts. Examples include but are not 

limited to: 

(i) Decommissioning of anon-system 

road to a more natural state by restoring 

natural contours and removing 

construction fills, revegetating the 

roadbed and removing ditches and 

culverts; 

(ii) Restoring a non-system trail by 

reestablishing natural drainage patterns, 

stabilizing slopes, reestablishing 

vegetation, and installing water bars; 

(iii) Completely eliminating the 

roadbed of unauthorized roads by 

loosening compacted soils, removing 

culverts, reestablishing natural drainage 

patterns, restoring natural contours, and 

restoring vegetation; and 

(iv) Installing boulders, logs, and 

berms on a non-system trail segment to 

promote naturally regenerated grass, 

shrub, and tree growth. 

Dated: May 11, 2012. 

Thomas L. Tidwell, 

Chief, Forest Service. 

[FR Doc. 2012–14284 Filed 6–12–12; 8:45 am] 

BILLING CODE 3410–11–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–NM–0008; FRL– 

9684–4] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Minor New Source Review (NSR) 

Preconstruction Permitting Rule for 

Cotton Gins 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the applicable minor New 

Source Review (NSR) State 

Implementation Plan (SIP) for New 

Mexico submitted by the state of New 

Mexico on April 25, 2005, which 

incorporates a new regulation related to 

minor NSR preconstruction permitting 

for particulate matter emissions from 

cotton ginning facilities. The submitted 

Cotton Gin regulation provides an 

alternative preconstruction process for 

cotton ginning facilities that will emit 

no more than 50 tons per year of 

particulate matter. The new regulation 

prescribes, at a minimum, best technical 

control equipment standards, opacity 

limitations, and fugitive dust 

management plan requirements to 

minimize particulate matter emissions 

and establishes a minimum setback 

distance from the gin to the property 


erowe on DSK2VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Proposed Rules 35327 

line. EPA has determined that this SIP 

revision complies with the Clean Air 

Act and EPA regulations and is 

consistent with EPA policies. This 

action is being taken under section 110 

of the Act. 

DATES: Comments must be received on 

or before July 13, 2012. 

ADDRESSES: Comments may be mailed to 

Ms. Ashley Mohr, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Comments 

may also be submitted electronically of 

through hand delivery/courier by 

following the detailed instructions in 

the Addresses section of the direct final 

rule located in the rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Mohr, Air Permits Section (6PD– 

R), Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 

1200, Dallas, Texas 75202–2733, 

telephone (214) 665–7289; fax number 

(214) 665–6762; email address 

mohr.ashley@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated. If 

EPA receives relevant adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. Please note 

that if EPA receives 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. 

For additional information, see the 

direct final rule which is located in the 

rules section of this Federal Register. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: May 30, 2012. 

Samuel Coleman, 

Acting Regional Administrator, EPA 

Region 6. 

[FR Doc. 2012–14156 Filed 6–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0546; FRL–9685–8] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from the 

manufacture of polystyrene, 

polyethylene, and polypropylene 

products. We are approving a local rule 

that regulates these emission sources 

under the Clean Air Act (CAA or the 

Act). We are taking comments on this 

proposal and plan to follow with a final 

action. 

DATES: Any comments must arrive by 

July 13, 2012. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0546, 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. 

Docket: Generally, documents in the 

docket for this action are 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 at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), 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: 

Rynda Kay, EPA Region IX, (415) 947– 

4118, Kay.Rynda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule revision? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rule 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule addressed by this 

proposal with the date that it was 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 


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