11858 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Proposed Rules G. Executive Order 13045, Protection of practicable and permitted by law, to Resources, Division of Air Quality Children From Environmental Health make environmental justice part of their (NCDAQ), on December 17, 2007, that Risks and Safety Risks mission by identifying and addressing, addresses regional haze for the first The EPA interprets Executive Order as appropriate, disproportionately high implementation period. This revision 13045 (62 FR 19885, April 23, 1997) as and adverse human health or addresses the requirements of the Clean applying only to those regulatory environmental effects of their programs, Air Act (CAA) and EPA’s rules that actions that concern health or safety policies, and activities on minority require states to prevent any future and risks, such that the analysis required populations and low-income remedy any existing anthropogenic under section 5–501 of the Executive populations in the United States. impairment of visibility in mandatory Order has the potential to influence the The EPA lacks the discretionary Class I areas (national parks and regulation. This proposed action is not authority to address environmental wilderness areas) caused by emissions subject to Executive Order 13045 justice in this proposed action. In of air pollutants from numerous sources because it is not an economically reviewing SIP submissions, the EPA’s located over a wide geographic area significant regulatory action based on role is to approve or disapprove state (also referred to as the ‘‘regional haze health or safety risks subject to choices, based on the criteria of the program’’). States are required to assure Executive Order 13045 (62 FR 19885, CAA. Accordingly, this action merely reasonable progress toward the national April 23, 1997). This proposed action proposes to approve or disapprove goal of achieving natural visibility under section 110 and subchapter I, part certain State requirements for inclusion conditions in Class I areas. EPA is D of the CAA will not in and of itself into the SIP under section 110 and proposing a limited approval of this SIP create any new regulations but simply subchapter I, part D of the CAA and will revision to implement the regional haze approves or disapproves certain State not in and of itself create any new requirements for North Carolina on the requirements for inclusion into the SIP. requirements. Accordingly, it does not basis that the revision, as a whole, provide the EPA with the discretionary strengthens the North Carolina SIP. In a H. Executive Order 13211, Actions That authority to address, as appropriate, separate action, EPA has proposed a Significantly Affect Energy Supply, disproportionate human health or limited disapproval of the North Distribution or Use environmental effects, using practicable Carolina regional haze SIP because of This proposed action is not subject to and legally permissible methods, under deficiencies in the State’s regional haze Executive Order 13211 (66 FR 28355, Executive Order 12898. SIP submittal arising from the remand May 22, 2001) because it is not a by the U.S. Court of Appeals for the List of Subjects in 40 CFR Part 52 significant regulatory action under District of Columbia Circuit (DC Circuit) Executive Order 12866. Environmental protection, Air to EPA of the Clean Air Interstate Rule I. National Technology Transfer and pollution control, Intergovernmental (CAIR). Consequently, EPA is not Advancement Act relations, Nitrogen dioxide, Ozone, proposing to take action in this Particulate matter, Reporting and rulemaking to address the State’s Section 12(d) of the National recordkeeping requirements, Sulfur reliance on CAIR to meet certain Technology Transfer and Advancement dioxides, Visibility, Interstate transport regional haze requirements. Act of 1995 (‘‘NTTAA’’), Public Law of pollution, Regional haze, Best DATES: Comments must be received on 104–113, section 12(d) (15 U.S.C. 272 available control technology. note) directs the EPA to use voluntary or before March 29, 2012. consensus standards in its regulatory Authority: 42 U.S.C. 7401 et seq. ADDRESSES: Submit your comments, activities unless to do so would be Dated: February 15, 2012. identified by Docket ID No. EPA–R04– inconsistent with applicable law or Al Armendariz, OAR–2010–0219, by one of the otherwise impractical. Voluntary Regional Administrator, Region 6. following methods: 1. www.regulations.gov: Follow the consensus standards are technical [FR Doc. 2012–4676 Filed 2–27–12; 8:45 am] on-line instructions for submitting standards (e.g., materials specifications, BILLING CODE 6560–50–P test methods, sampling procedures, and comments. business practices) that are developed or 2. Email: [email protected]. adopted by voluntary consensus ENVIRONMENTAL PROTECTION 3. Fax: 404–562–9019. 4. Mail: EPA–R04–OAR–2010–0219, standards bodies. The NTTAA directs AGENCY the EPA to provide Congress, through Regulatory Development Section, Air OMB, explanations when the Agency 40 CFR Part 52 Planning Branch, Air, Pesticides and decides not to use available and Toxics Management Division, U.S. [EPA–R04–OAR–2010–0219–201148; FRL– Environmental Protection Agency, applicable voluntary consensus 9639–2] standards. Region 4, 61 Forsyth Street SW., The EPA believes that this proposed Approval and Promulgation of Air Atlanta, Georgia 30303–8960. action is not subject to requirements of Quality Implementation Plans; State of 5. Hand Delivery or Courier: Lynorae Section 12(d) of the NTTAA because North Carolina; Regional Haze State Benjamin, Chief, Regulatory application of those requirements would Implementation Plan Development Section, Air Planning be inconsistent with the CAA. Branch, Air, Pesticides and Toxics AGENCY: Environmental Protection Management Division, U.S. J. Executive Order 12898: Federal Agency (EPA). Environmental Protection Agency, Actions To Address Environmental ACTION: Proposed rule. Region 4, 61 Forsyth Street SW., Justice in Minority Populations and Atlanta, Georgia 30303–8960. Such Low-Income Populations SUMMARY: EPA is proposing a limited deliveries are only accepted during the Executive Order 12898 (59 FR 7629, approval of a revision to the North Regional Office’s normal hours of February 16, 1994) establishes federal Carolina state implementation plan operation. The Regional Office’s official executive policy on environmental (SIP) submitted by the State of North hours of business are Monday through justice. Its main provision directs Carolina through the North Carolina Friday, 8:30 to 4:30, excluding federal federal agencies, to the greatest extent Department of Environment and Natural holidays. VerDate Mar<15>2010 18:48 Feb 27, 2012 Jkt 226001 PO 00000 Frm 00081 Fmt 4702 Sfmt 4702 E:\FR\FM\28FEP1.SGM 28FEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Proposed Rules 11859 Instructions: Direct your comments to Office’s official hours of business are 7. RPGs Docket ID No. ‘‘EPA–R04–OAR–2010– Monday through Friday, 8:30 to 4:30, D. Coordination of RAVI and Regional 0219.’’ EPA’s policy is that all excluding federal holidays. Haze Requirements comments received will be included in E. Monitoring Strategy and Other FOR FURTHER INFORMATION CONTACT: Sara Implementation Plan Requirements the public docket without change and Waterson or Michele Notarianni, F. Consultation With States and FLMs may be made available online at Regulatory Development Section, Air 1. Consultation With Other States www.regulations.gov, including any Planning Branch, Air, Pesticides and 2. Consultation With the FLMs personal information provided, unless Toxics Management Division, U.S. G. Periodic SIP Revisions and Five-Year the comment includes information Environmental Protection Agency, Progress Reports claimed to be Confidential Business Region 4, 61 Forsyth Street SW., V. What action is EPA proposing? Information (CBI) or other information Atlanta, Georgia 30303–8960. Sara VI. Statutory and Executive Order Reviews whose disclosure is restricted by statute. Waterson can be reached at telephone I. What action is EPA proposing? Do not submit through number (404) 562–9061 and by www.regulations.gov or email, electronic mail at EPA is proposing a limited approval information that you consider to be CBI [email protected]. Michele of North Carolina’s December 17, 2007, or otherwise protected. The Notarianni can be reached at telephone SIP revision addressing regional haze www.regulations.gov Web site is an number (404) 562–9031 and by under CAA sections 301(a) and ‘‘anonymous access’’ system, which electronic mail at 110(k)(3) because the revision as a means EPA will not know your identity [email protected]. whole strengthens the North Carolina or contact information unless you SIP. This proposed rulemaking and the SUPPLEMENTARY INFORMATION: provide it in the body of your comment. accompanying Technical Support If you send an email comment directly Table of Contents Document 1 (TSD) explain the basis for to EPA without going through I. What action is EPA proposing? EPA’s proposed limited approval 2 www.regulations.gov, your email II. What is the background for EPA’s action. address will be automatically captured proposed action? In a separate action, EPA has and included as part of the comment A. The Regional Haze Problem proposed a limited disapproval of the that is placed in the public docket and B. Requirements of the CAA and EPA’s North Carolina regional haze SIP made available on the Internet. If you Regional Haze Rule (RHR) because of deficiencies in the State’s submit an electronic comment, EPA C. Roles of Agencies in Addressing regional haze SIP submittal arising from recommends that you include your Regional Haze the State’s reliance on CAIR to meet III. What are the requirements for the regional certain regional haze requirements. See name and other contact information in haze SIPs? the body of your comment and with any A. The CAA and the RHR 76 FR 82219 (December 30, 2011). EPA disk or CD–ROM you submit.