Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices 58131 

are conducted in accordance with 40 

CFR part 22. 

CAA 

NCW also violated regulations 

promulgated pursuant to the California 

SIP involving the two facilities 

described in the paragraphs below at 

varying lengths of time between 2001 

and 2007. Section 110(a)(1) of the CAA, 

42 U.S.C. 7410(a)(2), requires states to 

submit implementation plans to 

implement, maintain, and enforce 

ambient air quality standards. Section 

110(a)(2)(C) of the CAA, 42 U.S.C. 

7410(a)(2), requires states to include in 

their implementation plans regulation of 

the modification and construction of 

any stationary source covered by the 

plan. The California State 

Implementation Plan (SIP) includes 

requirements from local governments. 

The California SIP, including the 

requirements specific to the local 

governments, was approved by EPA 

under section 110 of the Act, 42 U.S.C. 

7410. 

The California air quality control 

districts’ rules for the jurisdictions set 

forth below include regulations that 

require construction and/or operating 

permits for certain stationary sources of 

air pollution. As detailed below, each of 

these provisions was incorporated into 

the California SIP and is therefore 

federally enforceable. 

In the State of California, NCW 

operates diesel fuel-powered electric 

generators that are stationary sources 

within the meaning of CAA section 

302(z), 42 U.S.C. 7602(z). 

A. Bay Area Air Quality Management 

District (BAAQMD)—The California SIP 

includes a provision, Regulation 2, Rule 

1 BAAQMD Rules, stating that any 

person installing any equipment, the 

use of which may cause the issuance of 

air contaminants, must first obtain 

authorization for such construction and 

subsequent operation. This provision 

was federally approved and became 

federally enforceable on January 26, 

1999 (64 Fed. Reg. 3850). NCW owns or 

operates a facility (2 miles off Lynch 

Road, Suisun, CA) in the BAAQMD that 

installed a pollution-emitting dieselpowered electric generating unit 

without written authorization from 

BAAQMD in violation of Regulation 2, 

Rule 1. 

B. San Joaquin Valley Unified Air 

Pollution Control District 

(SJVUAPCD)—The California SIP 

includes a provision, section 3.0 in 

SJVUAPCD Rule 2010, stating that any 

person installing any equipment, the 

use of which may cause the issuance of 

air contaminants, must first obtain 

authorization for such construction and 

subsequent operation. This provision 

was federally approved and became 

federally enforceable on July 23, 1999 

(64 Fed. Reg. 39,920). NCW owns or 

operates a facility (6855 West Eight Mile 

Road, Stockton, CA) in the SJVUAPCD 

that installed two pollution-emitting 

diesel-powered electric generating units 

without written authorization from 

SJVUAPCD in violation of Rule 2010. 

NCW violated regulations 

promulgated pursuant to the California 

SIP involving the two facilities 

described in the paragraphs above and 

is therefore subject to federal 

enforcement under CAA section 110(a). 

EPA, as authorized by CAA section 

113(d), 42 U.S.C. 7413(d), has assessed 

a civil penalty for these violations. 

Under CAA section 113(d), 42 U.S.C. 

7413(d), the Administrator may issue an 

administrative order assessing a civil 

penalty against any person who has 

violated an applicable requirement of 

the CAA, including any rule, order, 

waiver, permit or plan. Proceedings 

under CAA section 113(d) are 

conducted in accordance with 40 CFR 

Part 22. 

EPA will not issue an order in this 

proceeding prior to the close of the 

public comment period. 

List of Subjects 

Environmental protection. 

Dated: September 10, 2012. 

Bernadette Rappold, 

Director, Special Litigation and Projects 

Division, Office of Enforcement and 

Compliance Assurance. 

[FR Doc. 2012–23090 Filed 9–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9730–1] 

Cross-Media Electronic Reporting: 

Authorized Program Revision 

Approval, State of Mississippi 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

approval of the State of Mississippi’s 

request to revise/modify certain of its 

EPA-authorized programs to allow 

electronic reporting. 

DATES: EPA’s approval is effective on 

September 19, 2012. 

FOR FURTHER INFORMATION CONTACT: Evi 

Huffer, U.S. Environmental Protection 

Agency, Office of Environmental 

Information, Mail Stop 2823T, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460, (202) 566–1697, 

huffer.evi@epa.gov, or Karen Seeh, U.S. 

Environmental Protection Agency, 

Office of Environmental Information, 

Mail Stop 2823T, 1200 Pennsylvania 

Avenue NW., Washington, DC 20460, 

(202) 566–1175, seeh.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 13, 2005, the final Cross-Media 

Electronic Reporting Rule (CROMERR) 

was published in the Federal Register 

(70 FR 59848) and codified as part 3 of 

title 40 of the CFR. CROMERR 

establishes electronic reporting as an 

acceptable regulatory alternative to 

paper reporting and establishes 

requirements to assure that electronic 

documents are as legally dependable as 

their paper counterparts. Subpart D of 

CROMERR requires that state, tribal or 

local government agencies that receive, 

or wish to begin receiving, electronic 

reports under their EPA-authorized 

programs must apply to EPA for a 

revision or modification of those 

programs and obtain EPA approval. 

Subpart D provides standards for such 

approvals based on consideration of the 

electronic document receiving systems 

that the state, tribal, or local government 

will use to implement the electronic 

reporting. Additionally, § 3.1000(b) 

through (e) of 40 CFR part 3, subpart D 

provides special procedures for program 

revisions and modifications to allow 

electronic reporting, to be used at the 

option of the State, Tribe or local 

government in place of procedures 

available under existing programspecific authorization regulations. An 

application submitted under the subpart 

D procedures must show that the state, 

tribe or local government has sufficient 

legal authority to implement the 

electronic reporting components of the 

programs covered by the application 

and will use electronic document 

receiving systems that meet the 

applicable subpart D requirements. 

On January 14, 2010, the Mississippi 

Department of Environmental Quality 

(MDEQ) submitted an application 

entitled ‘‘Regulatory Services Portal/ 

Hazardous Waste Biennial Reporting’’ 

for revisions/modifications of its EPAauthorized programs under title 40 CFR. 

EPA reviewed MDEQ’s request to 

revise/modify its EPA-authorized 

programs and, based on this review, 

EPA determined that the application 

met the standards for approval of 

authorized program revisions/ 

modifications set out in 40 CFR part 3, 

subpart D. In accordance with 40 CFR 

3.1000(d), this notice of EPA’s decision 

to approve Mississippi’s request to 

revise/modify its following EPAauthorized programs to allow electronic 


tkelley on DSK3SPTVN1PROD with NOTICES
58132 Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices 

reporting under 40 CFR parts 51, 61, 70, 

261–262, and 264–265 is being 

published in the Federal Register: 

Part 52—Requirements for 

Preparation, Adoption, and Submittal of 

Implementation Plans; 

Part 61—National Emissions 

Standards for Hazardous Air Pollutants 

Subpart M—National Emission 

Standard for Asbestos; 

Part 70—State Operating Permit 

Programs; and 

Part 272—Approved State Hazardous 

Waste Management Programs. 

Specifically, EPA has approved the 

state’s revision to its part 272 authorized 

program for electronic reporting of 

hazardous waste biennial report 

information under 40 CFR parts 262.41 

and 264.75, for electronic submissions 

that include a handwritten signature on 

a separate paper submission report 

instead of an electronic signature. 

MDEQ was notified of EPA’s 

determination to approve its application 

with respect to the authorized programs 

listed above. 

Dated: September 10, 2012. 

Andrew Battin, 

Director, Office of Information Collection. 

[FR Doc. 2012–23089 Filed 9–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9729–8] 

Public Water System Supervision 

Program Revision for the State of Utah 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In accordance with the 

provisions of Section 1413 of the Safe 

Drinking Water Act (SDWA), 42 U.S.C. 

300g–2, public notice is hereby given 

that the state of Utah has revised its 

Public Water System Supervision 

(PWSS) Program by adopting 

regulations for the Lead and Copper 

Short Term Revisions, Long Term 1 

Enhanced Surface Water Treatment 

Rule, the Long Term 2 Enhanced 

Surface Water Treatment Rule and the 

Stage 2 Disinfectants and Disinfection 

Byproducts Rule that correspond to the 

National Primary Drinking Water 

Regulations (NPDWR). The EPA has 

completed its review of these revisions 

in accordance with the SDWA and 

proposes to approve them. 

Today’s approval action does not 

extend to public water systems in 

Indian country as defined in 18 U.S.C. 

1151. Please see Supplementary 

Information, Item B. 

DATES: Any member of the public is 

invited to submit written comments 

and/or request a public hearing on this 

determination by October 19, 2012. 

Please see Supplementary Information, 

Item C, for details. Should no timely 

and appropriate request for a hearing be 

received, and the Regional 

Administrator (RA) does not elect to 

hold a hearing on his own motion, this 

determination shall become effective 

October 19, 2012. If a public hearing is 

requested and granted, then this 

determination shall not become 

effective until such time following the 

hearing as the RA issues an order 

affirming or rescinding this action. 

ADDRESSES: Written comments and 

requests for a public hearing should be 

addressed to: James B. Martin, Regional 

Administrator, c/o Robert Clement, 

Drinking Water Unit (8P–W–DW), U.S. 

EPA, Region 8, 1595 Wynkoop Street, 

Denver, CO 80202–1129. 

All documents relating to this 

determination are available for 

inspection at the following locations: (1) 

U.S. EPA, Region 8, Drinking Water 

Unit (7th floor), 1595 Wynkoop Street, 

Denver, CO 80202–1129; (2) Utah 

Department of Environmental Quality, 

Division of Drinking Water, (3rd floor), 

195 North 1950 West, Salt Lake City, UT 

84116. 

FOR FURTHER INFORMATION CONTACT: 

Robert Clement, Drinking Water Unit 

(8P–W–DW), U.S. EPA, Region 8, 1595 

Wynkoop Street, Denver, CO 80202– 

1129, (303) 312–6653. 

SUPPLEMENTARY INFORMATION: The EPA 

approved Utah’s application for 

assuming primary enforcement 

authority for the PWSS program, 

pursuant to Section 1413 of the SDWA, 

42 U.S.C. 300g–2, and 40 CFR part 142. 

The Utah Department of Environmental 

Quality, Division of Drinking Water 

administers Utah’s PWSS program. 

A. Why are revisions to state programs 

necessary? 

States with primary PWSS 

enforcement authority must comply 

with the requirements of 40 CFR part 

142 for maintaining primacy. They must 

adopt regulations that are at least as 

stringent as the NPDWRs at 40 CFR 

parts 141 and 142, as well as adopt all 

new and revised NPDWRs in order to 

retain primacy (40 CFR 142.12(a)). 

B. How does today’s action affect 

Indian country (18 U.S.C. 1151) in 

Utah? 

Utah is not authorized to carry out its 

PWSS program in Indian country, as 

that term is defined at 18 U.S.C. 1151. 

Indian country includes, but is not 

limited to, land within the formal 

Indian Reservations located within or 

abutting the state of Utah, including the 

Skull Valley, Paiute, Navajo, Goshute, 

Ute Mountain, and Northwestern 

Shoshoni Indian Reservations; Indian 

country lands within the Uintah and 

Ouray Indian Reservation; any land held 

in trust by the United States for an 

Indian tribe, and any other areas which 

are ‘‘Indian country’’ within the 

meaning of 18 U.S.C. 1151. 

C. Requesting a Hearing 

Any request for a public hearing shall 

include: (1) The name, address, and 

telephone number of the individual, 

organization, or other entity requesting 

a hearing; (2) a brief statement of the 

requester’s interest in the RA’s 

determination and of information that 

he/she intends to submit at such 

hearing; and (3) the signature of the 

requester or responsible official, if made 

on behalf of an organization or other 

entity. 

Notice of any hearing shall be given 

not less than fifteen (15) days prior to 

the time scheduled for the hearing and 

will be made by the RA in the Federal 

Register and in a newspaper of general 

circulation in the state. A notice will 

also be sent to both the person(s) 

requesting the hearing and the state. The 

hearing notice will include a statement 

of purpose, information regarding time 

and location, and the address and 

telephone number where interested 

persons may obtain further information. 

The RA will issue a final determination 

upon review of the hearing record. 

Frivolous or insubstantial requests for 

a hearing may be denied by the RA. 

However, if a substantial request is 

made within thirty (30) days after this 

notice, a public hearing will be held. 

Please bring this notice to the 

attention of any persons known by you 

to have an interest in this 

determination. 

Dated: August 27, 2012. 

Howard M. Cantor, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2012–23093 Filed 9–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9729–7] 

Public Water System Supervision 

Program Revision for the State of 

Colorado 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 


tkelley on DSK3SPTVN1PROD with NOTICES