39456 Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Proposed Rules 

11. Energy Effects 

This proposed rule is not a 

‘‘significant energy action’’ under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use because it is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866 and is not likely 

to have a significant adverse effect on 

the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

12. Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. This proposed rule 

does not use technical standards. 

Therefore, we did not consider the use 

of voluntary consensus standards. 

13. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule involves the establishment of a 

safety zone and, therefore it is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. A 

preliminary environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add § 165.T09–0569 to read as 

follows: 

§ 165.T09–0569 Safety Zone; Head of the 

Cuyahoga and U.S. Rowing Masters Head 

Race National Championship, Cuyahoga 

River, Cleveland, OH. 

(a) Location. The proposed safety 

zone will encompass all waters of the 

Cuyahoga River, Cleveland, OH from a 

line drawn perpendicular from position 

41°28′32′′ N, 081°40′16′′ W (NAD 83) 

just south of the Interstate 490 bridge, 

north to the Detroit-Superior Viaduct 

bridge. 

(b) Effective and enforcement period. 

This regulation is effective and will be 

enforced on September 15 and 16, 2012 

from 6:30 a.m. until 4:30 p.m. 

(c) Regulations. In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: June 20, 2012. 

S.M. Wischmann, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2012–16259 Filed 7–2–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0376; FRL–9696–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Section 110(a)(2) 

Infrastructure Requirements for the 

2008 Lead National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a submittal from the State of Delaware 

pursuant to the Clean Air Act (CAA). 

This submittal addresses the 

infrastructure elements of the CAA, 

necessary to implement, maintain, and 

enforce the 2008 lead national ambient 

air quality standards (NAAQS). 

DATES: Written comments must be 

received on or before August 2, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0376 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0376, 

Donna Mastro, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0376. 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 


sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Proposed Rules 39457 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. 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. 

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 during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Delaware Department of 

Natural Resources and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 15, 2008, EPA revised the 

primary and secondary lead NAAQS 

from 1.5 micrograms per cubic meter 

(mg/m3) to 0.15 mg/m3. Section 110(a) of 

the CAA requires states to submit SIPs 

that provide for the implementation, 

maintenance, and enforcement of new 

or revised NAAQS within three years 

following the promulgation of such 

NAAQS. Section 110(a) imposes the 

obligation upon states to make a SIP 

submission to EPA for a new or revised 

NAAQS. For the 2008 lead NAAQS, 

states typically have met many of the 

basic program elements required in 

section 110(a)(2) through earlier SIP 

submissions in connection with 

previous lead standards. Section 

110(a)(2) lists specific elements that 

states must meet or continue to meet in 

these SIP submissions. The 

requirements include SIP infrastructure 

elements such as requirements for 

modeling, monitoring, and emissions 

inventories that are designed to assure 

attainment and maintenance of the 

NAAQS. Section 110(a)(2) infrastructure 

elements (A) through (M) are listed in 

EPA’s memorandum from Stephen D. 

Page, Director, Office of Air Quality 

Planning and Standards to the Regional 

Air Directors, Regions 1—10, ‘‘Guidance 

on Infrastructure State Implementation 

Plan (SIP) Elements Required Under 

Sections 110(a)(1) and 110(a)(2) for the 

2008 Lead (Pb) National Ambient Air 

Quality Standards (NAAQS),’’ October 

14, 2011. 

II. Summary of State Submittal 

On October 17, 2011, Delaware 

provided a submittal to satisfy section 

110(a)(2) of the CAA requirements that 

are the subject of this proposed rule for 

the 2008 lead NAAQS. This submittal 

addressed the following infrastructure 

elements: Section 110(a)(2)(A), (B), (C), 

(D), (E), (F), (G), (H), (I), (J), (K), (L), and 

(M), or portions thereof. 

EPA has analyzed the above identified 

submissions and is proposing to make a 

determination that such submittals meet 

the requirements of section 110(a)(2)(A), 

(B), (C), (D), (E), (F), (G), (H), (I), (J), (K), 

(L), and (M) of the CAA, or portions 

thereof. A detailed summary of EPA’s 

review of and rationale for approving 

Delaware’s submittals may be found in 

the Technical Support Document (TSD) 

for this action which is available on line 

at www.regulations.gov, Docket number 

EPA–R03–OAR–2012–0376. 

III. Proposed Action 

EPA is proposing to approve 

Delaware’s submittals that provide the 

basic program elements specified in the 

CAA section 110(a)(2)(A), (B), (C), (D), 

(E), (F), (G), (H), (I), (J), (K), (L), and (M), 

or portions thereof, necessary to 

implement, maintain, and enforce the 

2008 lead NAAQS. EPA is soliciting 

public comments on the issues 

discussed in this document. These 

comments will be considered before 

taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

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). 

In addition, this proposed rule, 

pertaining to Delaware’s section 

110(a)(2) infrastructure requirements for 

the 2008 lead NAAQS, does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 


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39458 Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Proposed Rules 

it 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, lead, Reporting and 

recordkeeping requirements. 

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

Dated: June 21, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–16294 Filed 7–2–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0436; FRL–9696–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Section 110(a)(2) 

Infrastructure Requirements for the 

2008 Lead National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by West Virginia. 

This SIP revision provides the basic 

program elements specified in Clean Air 

Act (CAA) section 110(a)(2) necessary to 

implement, maintain, and enforce the 

2008 lead national ambient air quality 

standards (NAAQS). 

DATES: Written comments must be 

received on or August 2, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0436 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0436, 

Donna Mastro, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0436. 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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. 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. 

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 during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Emlyn Ve ́lez-Rosa, (215) 814–2038, or 

by email at velez-rosa.emlyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background 

On October 15, 2008, EPA 

substantially strengthened the primary 

and secondary lead NAAQS (hereafter 

the ‘‘2008 lead NAAQS’’), revising the 

level of the primary (health-based) 

standard from 1.5 micrograms per cubic 

meter (mg/m3) to 0.15 mg/m3, measured 

as total suspended particles (TSP), not 

to be exceeded with an averaging time 

of a rolling 3-month period. EPA also 

revised the secondary (welfare-based) 

standard to be identical to the primary 

standard, as well as the associated 

ambient air monitoring requirements. 

See 40 CFR 50.16. 

Section 110(a) of the CAA requires 

states to submit SIP revisions that 

provide for the implementation, 

maintenance, and enforcement of new 

or revised NAAQS within 3 years 

following the promulgation of such 

NAAQS. Section 110(a)(2) of the CAA 

lists specific elements that states must 

meet or continue to meet in these SIP 

submissions. Under this section, the 

CAA directs all states to develop and 

maintain an air quality management 

infrastructure that includes enforceable 

emission limitations, an ambient 

monitoring program, an enforcement 

program, air quality modeling 

capabilities, and adequate personnel, 

resources, and legal authority. 

For the 2008 lead NAAQS, states 

typically have met many of the basic 

program elements required in CAA 

section 110(a)(2) through earlier SIP 

submissions in connection with 

previous lead NAAQS. Nevertheless, 

pursuant to CAA section 110(a)(1), 

states will have to review and revise, as 

appropriate, their existing lead NAAQS 

SIPs to ensure that the SIPs are adequate 

to address the 2008 lead NAAQS. States 

must provide SIP submissions, or 

provide a certification that the SIP 

addresses the elements in section 

110(a)(2)(A) through (M) of the CAA. To 

assist states in meeting this statutory 

requirement, EPA issued a guidance on 

October 14, 2011, entitled, ‘‘Guidance 

on Infrastructure State Implementation 

Plan (SIP) Elements Required Under 

sections 110(a)(1) and 110(a) (2) for the 

2008 Lead (Pb) National Ambient Air 

Quality Standards (NAAQS)’’ (hereafter 

the ‘‘2011 Lead Infrastructure 

Guidance’’), which lists the basic 

elements that states must include in 

their SIPs for the 2008 lead NAAQS. 

II. Summary of State Submittal 

On October 26, 2011, the West 

Virginia Department of Environmental 

Protection (WVDEP) provided a 

submittal to satisfy the requirements of 

section 110(a)(2) of the CAA for the 


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