51968 Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. The proposed 

revisions implement a previously 

promulgated health-based Federal 

standard (the 8-hour ozone NAAQS) 

that is designed to protect all segments 

of the general population. As such, they 

do not adversely affect the health or 

safety of minority or low income 

populations and are designed to protect 

and enhance the health and safety of 

these and other populations. 

K. Determination Under Section 307(d) 

Pursuant to section 307(d)(1)(V) of the 

CAA, the Administrator determines that 

this action is subject to the provisions 

of section 307(d). Section 307(d)(1)(V) 

provides that the provisions of section 

307(d) apply to ‘‘such other actions as 

the Administrator may determine.’’ 

List of Subjects in 40 CFR Part 51 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone, Transportation, 

Volatile organic compounds. 

Dated: August 18, 2010. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is proposed to be 

amended as follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS 

1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.C. 7401– 

7671q. 

2. Section 51.905 is amended by 

revising paragraph (a)(3)(i), and by 

adding a new paragraph (g) to read as 

follows: 

§ 51.905 How do areas transition from the 

1-hour NAAQS to the 8-hour NAAQS and 

what are the anti-backsliding provisions? 

(a) * * * 

(3) * * * 

(i) Obligations in an approved SIP. 

For an area that is designated 8-hour 

NAAQS attainment/1-hour NAAQS 

nonattainment, the State may request 

that obligations under the applicable 

requirements of § 51.900(f) be shifted to 

contingency measures, consistent with 

sections 110(l) and 193 of the CAA, after 

revocation of the 1-hour NAAQS; 

however, the State cannot remove the 

obligations from the SIP. For such areas, 

the State may request that the 

nonattainment major NSR provisions 

that applied based on the area’s 

designation and classification under the 

1-hour NAAQS be removed from the SIP 

on or after the date of revocation of the 

1-hour NAAQS and need not be shifted 

to contingency measures. 

* * * * * 

(g) What other requirements for the 

1-hour standard apply? (1) The 

requirements for nonattainment new 

source review that applied pursuant to 

sections 172(c)(5), 173, and 182 of the 

Clean Air Act based on the area’s 

classification under the 1-hour NAAQS 

continue to be required elements of an 

approvable implementation plan for any 

ozone nonattainment area that was 

designated nonattainment for the 1-hour 

NAAQS at the time of designation as 

ozone nonattainment for the 8-hour 

NAAQS. Notwithstanding the 

revocation of the 1-hour NAAQS, the 

designation and classification of the 

area for the 1-hour standard as provided 

in 40 CFR Part 81 shall apply for 

determining the applicable 1-hour NSR 

obligation for an area. These 

requirements remain required elements 

of the implementation plan until such 

time as the area is redesignated to 

attainment for the 1997 8-hour 

attainment area for the ozone NAAQS 

pursuant to Clean Air Act section 

107(d)(3)(E). 

(2) Notwithstanding revocation of the 

1-hour ozone NAAQS, States with areas 

designated nonattainment for the 1-hour 

ozone NAAQS and classified as severe 

or extreme for that standard as provided 

in 40 CFR Part 81 remain subject to the 

obligation to adopt programs under 

sections 181(b)(4) of the CAA for the 1- 

hour ozone NAAQS. 

3. Section 51.914 is revised to read as 

follows: 

§ 51.914 What new source review 

requirements apply for ozone 

nonattainment areas? 

(a) The requirements for new source 

review for the 8-hour ozone standard are 

located in § 51.165. 

(b) For areas designated 

nonattainment for the 1-hour ozone 

standard as of the effective date of 

designation for the 8-hour standard, 

values for applicability thresholds and 

offset requirements as required under 

§ 51.165 shall be determined by the 1- 

hour nonattainment classifications 

listed for those areas in 40 CFR Part 81, 

Subpart C. The 1-hour applicability 

thresholds and offset requirements shall 

be retained until such time as the area 

is redesignated to attainment for the 

1997 8-hour ozone NAAQS under 

section 107(d)(3)(E) of the Clean Air 

Act, at which point the State may 

request their removal. 

4. Appendix S to part 51 is amended 

by adding section VII. to read as follows: 

Appendix S to Part 51—Emission Offset 

Interpretative Ruling 

* * * * * 

VII. Anti-Backsliding Measures 

1-hour ozone NAAQS nonattainment area 

new source review. 

Any 8-hour ozone nonattainment area that 

was designated nonattainment for the 1-hour 

ozone NAAQS at the time of designation for 

the 8-hour NAAQS must continue to apply 

new source review requirements consistent 

with that area’s 1-hour classification, as 

listed in 40 CFR Part 81, Subpart C. These 

requirements remain applicable until such 

time as the 8-hour nonattainment area is 

redesignated to attainment for the 8-hour 

ozone NAAQS standard under 107(d)(3)(E) of 

the Clean Air Act. 

[FR Doc. 2010–20992 Filed 8–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R01–OAR–2010–0442; A–1–FRL– 

9167–8] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Massachusetts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule-consistency 

update. 

SUMMARY: EPA is proposing to update to 

a portion of the Outer Continental Shelf 

(‘‘OCS’’) Air Regulations. Requirements 

applying to OCS sources located within 

25 miles of States’ seaward boundaries 

must be updated periodically to remain 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules 51969 

consistent with the requirements of the 

corresponding onshore area (‘‘COA’’), as 

mandated by the Clean Air Act (‘‘the 

Act’’). The portion of the OCS air 

regulations that is being updated 

pertains to the requirements for OCS 

sources in the Commonwealth of 

Massachusetts. The intended effect of 

approving the OCS requirements for the 

Commonwealth of Massachusetts is to 

regulate emissions from OCS sources in 

accordance with the requirements 

onshore. The change to the existing 

requirements discussed below is 

incorporated by reference into the Code 

of Federal Regulations and is listed in 

the appendix to the OCS air regulations. 

DATES: Written comments must be 

received on or before September 23, 

2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2010–0442 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mcdonnell.ida@epa.gov. 

3. Fax: (617) 918–0653. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2010–0442’’, 

Ida McDonnell, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square— 

Suite 100, (Mail Code OEP05–2), 

Boston, MA 02109–3912. 

5. Hand Delivery or Courier: Deliver 

your comments to: Ida McDonnell, Air 

Permits, Toxics and Indoor Air Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square—Suite 100, (Mail Code 

OEP05–2), Boston, MA 02109–3912. 

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 legal holidays. 

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: Ida 

E. McDonnell, Air Permits, Toxics and 

Indoor Air Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square– 

Suite 100, (Mail Code OEP05–2), 

Boston, MA 02109–3912, telephone 

number (617) 918–1653, fax number 

(617) 918–0653, e-mail 

mcdonnell.ida@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules Section of this Federal 

Register, EPA is incorporating 

applicable provisions of 310 Code of 

Massachusetts Regulations (CMR) 4.00: 

Timely Action Schedule and Fee 

Provisions, as amended through 

September 4, 2009 and 310 CMR 6.00: 

Ambient Air Quality Standards for the 

Commonwealth of Massachusetts, 310 

CMR 7.00: Air Pollution Control, and 

310 CMR 8:00: The Prevention and/or 

Abatement of Air Pollution Episode and 

Air Pollution Incident Emergencies, as 

amended through May 20, 2010 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 

adverse comments are received in 

response to this action rule, no further 

activity is contemplated. If EPA receives 

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. 

Dated: June 8, 2010. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2010–20726 Filed 8–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS-R3-ES-2010-0034] 

[MO 92201-0-0008] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition to List the Oklahoma Grass 

Pink Orchid as Endangered or 

Threatened 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of petition finding and 

initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90–day finding on a petition to list 

Calopogon oklahomensis (Oklahoma 

grass pink orchid) as endangered or 

threatened under the Endangered 

Species Act of 1973, as amended (Act). 

Based on our review, we find that the 

petition presents substantial scientific 

or commercial information indicating 

that listing the plant species, C. 

oklahomensis, as endangered or 

threatened may be warranted. Therefore, 

with the publication of this notice, we 

are initiating a review of the status of 

the species to determine if listing C. 

oklahomensis as endangered or 

threatened is warranted. To ensure that 

this status review is comprehensive, we 

are requesting scientific and commercial 

data and other information regarding 

this species. Based on the status review, 

we will issue a 12–month finding on the 

petition, which will address whether 

the petitioned action is warranted, as 

provided in section 4(b)(3)(B) of the Act. 

DATES: To allow us adequate time to 

conduct this review, we request that we 

receive information on or before October 

25, 2010. Please note that if you are 

using the Federal eRulemaking Portal 

(see ‘‘ADDRESSES’’ section, below), the 

deadline for submitting an electronic 

comment is midnight Eastern Standard 

Time on this date. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. In the box that 

reads ‘‘Enter Keyword or ID,’’ enter the 

docket number for this finding, which is 

FWS-R3-ES-2010-0034. Check the box 

that reads ‘‘Open for Comment/ 

Submission,’’ and then click the Search 

button. You should then see an icon that 

reads ‘‘Submit a Comment.’’ Please 

ensure that you have found the correct 

rulemaking before submitting your 

comment. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS-R3- 

ES-2010-0034; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will post all information received 

on http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us 

(see the Request for Information section 

below for more details). 

After the date specified above in 

DATES, you must submit information 

directly to the Field Office (see FOR

FURTHER INFORMATION CONTACT section 

below). Please note that we might not be 

able to address or incorporate 

information that we receive after the 

date noted above. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1