44560 Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Proposed Rules 

1Under EPA’s ‘‘parallel processing’’ procedure, 

EPA proposes rulemaking action concurrently with 

the State’s proposed rulemaking. If the State’s 

proposed rule is changed, EPA will evaluate that 

subsequent change and may publish another notice 

of proposed rulemaking. If no significant change is 

made, EPA will publish a final rulemaking on the 

rule after responding to any submitted comments. 

Final rulemaking action by EPA will occur only 

after the rule has been fully adopted by Nevada and 

submitted formally to EPA for incorporation into 

the SIP. See 40 CFR part 51, appendix V. 

available and applicable voluntary 

consensus standards. 

The EPA believes that this proposed 

action is not subject to requirements of 

Section 12(d) of NTTAA because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

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 lacks the discretionary authority 

to address environmental justice in this 

proposed rulemaking. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Particulate matter, Volatile 

organic compounds. 

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

Dated: July 20, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–18547 Filed 7–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0556; FRL–9706–7] 

Revisions to the Nevada State 

Implementation Plan, Washoe County 

Air Quality District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Washoe County District 

Board of Health (WCDBOH) portion of 

the Nevada State Implementation Plan 

(SIP) that EPA expects to be submitted 

by the Nevada Division of 

Environmental Protection (NVDEP). 

These revisions concern regulations 

regarding compliance with permit 

conditions, recordkeeping, source 

sampling and testing, and statements of 

compliance with 40 CFR part 70 

permits. These regulations generally 

regulate emissions of criteria pollutants 

such as volatile organic compounds 

(VOC), oxides of nitrogen (NOX), and 

particulate matter (PM). This proposed 

approval is based upon proposed 

regulations submitted by NVDEP and an 

accompanying request that EPA proceed 

with SIP review while the State and 

local agencies complete their public 

review and agency adoption processes. 

EPA will not take final action on these 

regulations until NVDEP submits the 

final adopted versions to EPA as a 

revision to the Nevada SIP. Final EPA 

approval of the regulations and 

incorporation of them into the Nevada 

SIP would make them federally 

enforceable under the Clean Air Act 

(CAA). We are taking comments on this 

proposal and plan to follow with a final 

action. 

DATES: Any comments must arrive by 

August 29, 2012. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0556, 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: 

Cynthia Allen, EPA Region IX, (415) 

947–4120, allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules? 

II. EPA’s Evaluation and Proposed Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. Public Comment and Proposed Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

By letter dated July 5, 2012, NVDEP 

submitted to EPA on behalf of 

WCDBOH, unofficial copies of several 

rules, with a request for approval of 

these provisions into the SIP by parallel 

processing.1 See July 5, 2012 letter to 

Jared Blumenfeld, Regional 

Administrator, EPA Region 9, from 

Colleen Cripps, Administrator, NVDEP. 

Table 1 lists the four rules addressed by 

this proposal. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Proposed Rules 44561 

TABLE 1—RULES SUBMITTED BY NEVADA FOR PARALLEL PROCESSING

Local agency Rule No. Rule title 

WCDBOH ....................................................................................... 030 .218 Demonstration of Compliance. 

WCDBOH ....................................................................................... 030 .230 Record Keeping. 

WCDBOH ....................................................................................... 030 .235 Requirements for Source Sampling and Testing. 

WCDBOH ....................................................................................... 030 .970A Part 70 Permit Monitoring and Compliance. 

The above rules have been adopted 

locally but have not been adopted 

specifically for purposes of approval 

into the federally enforceable SIP under 

CAA section 110. NVDEP has requested 

that WCDBOH adopt these regulations 

following public process for purposes of 

SIP approval and thereafter submit the 

rules to NDEP for transmittal to EPA as 

SIP revisions. Concurrent with these 

county processes, NVDEP anticipates 

that it will schedule a public hearing in 

August on its proposal to submit these 

rules to EPA for incorporation into the 

SIP, and intends to submit the final SIP 

revision to EPA by late August. We note 

that because the state and county 

rulemaking processes here are solely for 

purposes of adopting these regulations 

as SIP revisions under CAA section 110 

and not for purposes of revising any of 

the regulations, we do not expect any 

substantive changes between the 

proposed and final submittals. Final 

approval of these rules, however, is 

contingent upon EPA’s receipt of fully 

adopted rules that satisfy state and local 

procedural requirements for SIP 

submittals. 

B. Are there other versions of these 

rules? 

There are no SIP-approved versions of 

WCDBOH Rules 030.218, 030.230, 

030.235, and 030.970. 

C. What is the purpose of the submitted 

rules? 

The submitted rules govern 

demonstrating compliance with permit 

conditions, recordkeeping, source 

sampling and testing, and statements of 

compliance with 40 CFR Part 70 

permits. These regulations generally 

regulate, among other things, emissions 

of criteria pollutants such as VOCs, NOX

and PM. VOCs help produce groundlevel ozone and smog, which harm 

human health and the environment. 

NOX helps produce ground-level ozone, 

smog and particulate matter, which 

harm human health and the 

environment. PM contributes to effects 

that are harmful to human health and 

the environment, including premature 

mortality, aggravation of respiratory and 

cardiovascular disease, decreased lung 

function, visibility impairment, and 

damage to vegetation and ecosystems. 

Section 110(a) of the CAA requires 

States to submit regulations that control 

VOC, NOX, and PM emissions. 

• Section 030.218, Demonstration of 

Compliance, states that the Control 

Officer may require the operator of a 

source to provide any applicable data to 

demonstrate compliance with the 

conditions of the Permit to Operate. 

• Section 030.230, Record Keeping, 

states that the Control Officer may 

require any holder of a Permit to 

Operate to keep adequate records 

concerning contaminant emissions for 

any equipment or process for which the 

permit was issued. 

• Section 030.235, Requirement for 

Source Sampling and Testing, requires 

the APCO to determine the exact 

quantity and effect of emissions 

produced by stationary sources. The 

APCO may require source stack testing, 

or other types of source testing 

including, but not limited to, mass 

balance types of analysis, be made by 

the operator. 

• Section 030.970A, Part 70 Permit 

Monitoring and Compliance, requires 

sources subject to 40 CFR Part 70 

permitting requirements to submit an 

annual statement of compliance 

covering certain specified items. 

EPA’s technical support document 

(TSD) has more information about these 

rules. 

II. EPA’s Evaluation and Proposed 

Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act) and must not relax existing 

requirements (see sections 110(l) and 

193). Guidance and policy documents 

that we use to evaluate enforceability 

requirements consistently include the 

following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook). 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

3. State Implementation Plans; 

General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990 (57 FR 

13498, April 16, 1992) (‘‘General 

Preamble’’). 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the applicable requirements and 

guidance regarding enforceability and 

SIP relaxations. The TSD has more 

information on our evaluation. 

C. Public Comment and Proposed 

Action 

Because EPA believes the submitted 

rules fulfill all applicable CAA 

requirements, we are proposing to fully 

approve them under section 110(k)(3) of 

the Act. We will accept comments from 

the public on this proposal for the next 

30 days. Unless we receive convincing 

new information during the comment 

period or NVDEP does not submit the 

adopted SIP revisions as expected, we 

intend to publish a final approval action 

that will incorporate these rules into the 

federally enforceable SIP. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

Accordingly, this proposed 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.); 


srobinson on DSK4SPTVN1PROD with PROPOSALS
44562 Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Proposed Rules 

• 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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed action 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 

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, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: July 19, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–18500 Filed 7–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 141 and 142 

[FRL–9708–1] 

Public Meeting: Potential Regulatory 

Implications of the Reduction of Lead 

in Drinking Water Act of 2011 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is hosting a 

public meeting on August 16, 2012, to 

discuss and solicit input from States, 

manufacturers, drinking water systems, 

other interested groups and consumers 

on the implementation of the Reduction 

of Lead in Drinking Water Act of 2011 

(‘‘the Act’’). The Act was signed on 

January 4, 2011, and will be effective on 

January 4, 2014. The Act amended 

Section 1417 of the Safe Drinking Water 

Act (SDWA), which prohibits the use of 

certain plumbing products that are not 

‘‘lead free’’ (as defined by SDWA), and 

makes it unlawful to introduce into 

commerce products that are not ‘‘lead 

free.’’ 

DATES: The public meeting will be held 

at the Environmental Protection Agency 

Conference Center (lobby level-room 

1204). One Potomac Yard (South 

Building) 2777 S. Crystal Drive, 

Arlington, VA 22202 on Thursday, 

August 16, 2012, from 1:00 p.m. to 4:30 

p.m., Eastern Daylight Time (EDT). All 

attendees must go through a metal 

detector, sign in with the security desk, 

and show government issued photo 

identification to enter the building. 

Teleconference and webcast attendance 

will be available. Instructions for 

registration for the meeting are located 

in the SUPPLEMENTARY INFORMATION

section of this notice. 

FOR FURTHER INFORMATION CONTACT: For 

general information about this meeting, 

contact Lameka Smith, Standards and 

Risk Management Division, Office of 

Ground Water and Drinking Water; by 

phone (202) 564–1629 or by email 

smith.lameka@epa.govmailto:. For the 

full text of the Reduction of Lead in 

Drinking Water Act of 2011, please visit: 

www.gpo.gov/fdsys/pkg/PLAW.../pdf/ 

PLAW-111publ380.pdf. For additional 

information about the Lead and Copper 

Rule, please visit: http://water.epa.gov/ 

lawsregs/rulesregs/sdwa/lcr/index.cfm. 

SUPPLEMENTARY INFORMATION: 

Registration: Individuals planning to 

attend in person, by teleconference, or 

via webcast must register for the 

meeting by contacting Junie Percy of 

IntelliTech at (937) 427–4148 ext. 210, 

or by email 

junie.percy@itsysteminc.com no later 

than August 15, 2012. There is no 

charge for attending this public meeting, 

but seats and phone lines are limited, so 

please register as soon as possible. 

Reduction of Lead in Drinking Water 

Act: The Act made several key changes 

to Section 1417: First, the Act changed 

the definition of ‘‘lead-free’’ under 

SDWA by reducing the lead content to 

a weighted average of not more than 

0.25% in the wetted surface material. 

Second, the Act also amended the 

definition of ‘‘lead free’’ by adding a 

specific formula for calculating lead 

content. Third, the Act created two 

separate exemptions to the prohibitions 

on the use and introduction into 

commerce of products that are not 

‘‘lead-free.’’ Some of the changes the Act 

makes to SDWA Section 1417 raise 

implementation challenges and issues 

that may warrant regulatory changes 

beyond codification of the statutory 

changes into the Code of Federal 

Regulations. EPA would make any 

needed regulatory changes as part of the 

Lead and Copper Rule long-term 

revisions (LCR–LTR). However, because 

the final LCR–LTR will be published 

after the effective date of the Act, EPA 

intends to provide information to assist 

plumbing manufacturers, States, water 

systems, plumbing retailers and other 

affected parties in implementing the 

provisions of the Act starting in 2014. 

Information from this stakeholder 

meeting will help inform regulatory 

revisions that will be included in the 

LCR–LTR. 

Special Accommodations: For 

information on access or to request 

special accommodations for individuals 

with disabilities, please contact Lameka 

Smith, Standards and Risk Management 

Division, Office of Ground Water and 

Drinking Water, U.S. Environmental 

Protection Agency; by telephone (202) 

564–1629 or email 

smith.lameka@epa.govmailto:. Please 

allow at least five business days prior to 

the meeting to provide EPA with time 

to process your request. 

Dated: July 24, 2012. 

Pamela S. Barr, 

Acting Director, Office of Ground Water and 

Drinking Water. 

[FR Doc. 2012–18525 Filed 7–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 206 

[Docket ID FEMA–2010–0035] 

RIN 1660–AA68 

Housing Assistance Due to Structural 

Damage 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Under the authority of section 

408 of the Robert T. Stafford Disaster 


srobinson on DSK4SPTVN1PROD with PROPOSALS