Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Proposed Rules 48923 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–R08–OAR–2012–0479; FRL–9715–6] 

Approval and Promulgation of Federal 

Implementation Plan for Oil and 

Natural Gas Well Production Facilities; 

Fort Berthold Indian Reservation 

(Mandan, Hidatsa, and Arikara 

Nations), North Dakota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

promulgate a Reservation-specific 

Federal Implementation Plan in order to 

regulate emissions from oil and natural 

gas production facilities located on the 

Fort Berthold Indian Reservation 

located in North Dakota. The proposed 

Federal Implementation Plan includes 

basic air quality regulations for the 

protection of communities in and 

adjacent to the Fort Berthold Indian 

Reservation. The proposed Federal 

Implementation Plan requires owners 

and operators of oil and natural gas 

production facilities to reduce 

emissions of volatile organic 

compounds emanating from well 

completions, recompletions, and 

production and storage operations. This 

Federal Implementation Plan would be 

implemented by EPA, or a delegated 

Tribal Authority, until replaced by a 

Tribal Implementation Plan. EPA is 

issuing an interim final rule for a 

Reservation-specific Federal 

Implementation Plan, concurrently with 

this proposed rule, for a Reservationspecific Federal Implementation Plan 

and any additional information can be 

found within the interim final rule 

under the same title. 

DATES: Written comments must be 

received on or before October 15, 2012. 

Public Hearing: EPA will hold a 

public hearing on the following date: 

September 12, 2012. The hearing will 

start at 1 p.m. local time and continue 

until 4 p.m. or until everyone has had 

a chance to speak. Additionally, an 

evening session will be held from 6 p.m. 

until 8 p.m. The hearing will be held at 

the 4 Bears Casino & Lodge, 202 

Frontage Rd, New Town, ND 58763, 

(701) 627–4018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2012–0479, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: r8airrulemakings@epa.gov 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Carl Daly, Director, Air 

Program, U.S. Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Carl Daly, Director, 

Air Program, U.S. Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. Such 

deliveries are only accepted Monday 

through Friday, 8 a.m. to 4:30 p.m., 

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2012– 

0479. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or email. The 

http://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 http:// 

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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly-available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the following locations: Air Program, 

U.S. Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129; and Environmental 

Division, Three Affiliated Tribes, 204 

West Main, New Town, North Dakota 

58763–9404. EPA requests that if at all 

possible, you contact the individuals 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Deirdre Rothery, U. S. Environmental 

Protection Agency, Region 8, Air 

Program, Mail Code 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6431, 

rothery.deirdre@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information on this proposed 

rule, please see the interim final action, 

of the same title, which is located in the 

Rules section of this Federal Register. 

EPA is taking this action as an interim 

final rule without prior proposal and 

public comment because EPA finds for 

good cause under section 553(b)(B) of 

the Administrative Procedure Act 

(APA), 5 U.S.C. 551 et seq. that noticeand-comment are impracticable, 

unnecessary or contrary to the public 

interest in this instance. Section 307(d) 

of the CAA states that in the case of any 

rule to which section 307(d) applies, 

notice of proposed rulemaking must be 

published in the Federal Register (CAA 

section 307(d)(3)). The promulgation or 

revision of regulations under section 

110 of the CAA is generally subject to 

section 307(d). However, section 307(d) 

does not apply to any rule referred to in 

subparagraphs (A) or (B) of section 

553(b) of the APA. Further discussion 

on EPA’s determination on invoking the 

good cause exemption can be found in 

the interim final rule as well as a 

detailed rationale for our approval. The 

requirements in a subsequent final rule 

for this proposed rule are expected to 

supersede the requirements being 

promulgated in that interim final rule. 

Note that Docket Number EPA–R08– 

OAR–2012–0479 is being used for both 

the interim final rule and the proposed 

rule. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
48924 Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Proposed Rules 

EPA will address all public comments 

in a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

on this action should do so at this time. 

List of Subjects in 40 CFR Part 49 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Indians, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: August 1, 2012. 

James B. Martin, 

Regional Administrator, Region 8. 

[FR Doc. 2012–19697 Filed 8–14–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2012–0268; FRL–9358–7] 

RIN 2070–AJ95 

Perfluoroalkyl Sulfonates and LongChain Perfluoroalkyl Carboxylate 

Chemical Substances; Proposed 

Significant New Use Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Toxic Substances 

Control Act (TSCA), EPA is proposing to 

amend a significant new use rule 

(SNUR) for perfluoroalkyl sulfonate 

(PFAS) chemical substances to add 

PFAS chemical substances that have 

completed the TSCA new chemical 

review process but have not yet 

commenced production or import, and 

to designate (for all listed PFAS 

chemical substances) processing as a 

significant new use. EPA is also 

proposing a SNUR for long-chain 

perfluoroalkyl carboxylate (LCPFAC) 

chemical substances that would 

designate manufacturing, importing, or 

processing for use as part of carpets or 

for treating carpet (e.g., for use in the 

carpet aftercare market) as a significant 

new use. For this SNUR, EPA is also 

proposing to make the article exemption 

inapplicable to the import of LCPFAC 

chemical substances as part of carpets. 

Persons subject to these SNURs would 

be required to notify EPA at least 90 

days before commencing any significant 

new use. The required notifications 

would provide EPA with the 

opportunity to evaluate the intended 

use and, if necessary, to prohibit or limit 

that activity before it occurs. 

DATES: Comments must be received on 

or before October 15, 2012. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2012–0268, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave., NW., 

Washington, DC. Attention: Docket ID 

number EPA–HQ–OPPT–2012–0268. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2012–0268. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line at http:// 

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 regulations.gov or 

email. The 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 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the 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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the docket index available 

in regulations.gov. To access the 

electronic docket, go to http:// 

www.regulations.gov; select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

web site to view the docket index or 

access available documents. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave. NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays. The telephone number 

of the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: 

Katherine Sleasman, Chemical Control 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: 202–564–7716; 

email address: sleasman.katherine@ 

epa.gov. 

For general information contact: The 

TSCA–Hotline, ABVI–Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, process, 

or import any of the chemical 

substances listed in Table 4 of this unit. 

Potentially affected entities may 

include, but are not limited to: 


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