Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Rules and Regulations 74115 

Approved: December 4, 2012. 

A.B. Fischer, 

Captain, JAGC, U.S. Navy, Deputy Assistant 

Judge Advocate, General (Admiralty and 

Maritime Law). 

Dated: December 5, 2012. 

C.K. Chiappetta, 

Lieutenant Commander, Office of the Judge 

Advocate General, U.S. Navy, Federal 

Register Liaison Officer. 

[FR Doc. 2012–30140 Filed 12–12–12; 8:45 am] 

BILLING CODE 3810–FF–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0601; FRL–9760–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; The 2002 Base Year 

Emissions Inventory for the 

Pittsburgh-Beaver Valley 

Nonattainment Area for 1997 Fine 

Particulate Matter National Ambient Air 

Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the fine 

particulate matter (PM2.5) 2002 base year 

emissions inventory portion of the 

Pennsylvania State Implementation Plan 

(SIP) revision submitted by the 

Commonwealth of Pennsylvania, 

through the Pennsylvania Department of 

Environmental Protection (PADEP), on 

November 10, 2009. The emissions 

inventory is part of the November 10, 

2009 SIP revision that was submitted to 

meet nonattainment requirements 

related to the Pittsburgh-Beaver Valley 

nonattainment area (hereafter referred to 

as the Area) for the 1997 PM2.5 National 

Ambient Air Quality Standard 

(NAAQS). EPA is approving the 2002 

base year PM2.5 emissions inventory in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

January 14, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0601. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (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 through 

www.regulations.gov or in hard copy for 

public inspection 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 Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Ruth Knapp, (215) 814–2191, or by 

email at knapp.ruth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 3, 2012 (77 FR 60339), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. The 

NPR proposed approval of the 2002 base 

year emissions inventory portion of the 

Pennsylvania SIP revision submitted by 

the Commonwealth of Pennsylvania on 

November 10, 2009. 

II. Summary of SIP Revision 

The 2002 base year emissions 

inventory submitted by PADEP on 

November 10, 2009 for the Area 

includes emissions estimates that cover 

the general source categories of point 

sources, area sources, on-road mobile 

sources, and non-road mobile sources. 

The pollutants that comprise the 

inventory are PM2.5, coarse particles 

(PM10), nitrogen oxides (NOX), volatile 

organic compounds (VOCs), ammonia 

(NH3), and sulfur dioxide (SO2). EPA 

has reviewed the results, procedures 

and methodologies for the base year 

emissions inventory submitted by 

PADEP. The year 2002 was selected by 

PADEP as the base year for the 

emissions inventory per 40 CFR 

51.1008(b). 

A discussion of the emissions 

inventory development as well as the 

emissions inventory can be found in the 

November 10, 2009 SIP submittal as 

well as in the NPR. Specific 

requirements of the base year emissions 

inventory and the rationale for EPA’s 

action are explained in the NPR and 

will not be restated here. No public 

comments were received on the NPR. 

III. Final Action 

EPA is approving the 2002 base year 

PM2.5 emissions inventory for the Area 

as a revision to the Pennsylvania SIP. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this 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 rule 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 


wreier-aviles on DSK5TPTVN1PROD with 
74116 Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Rules and Regulations 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 11, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action 

pertaining to the PM2.5 base year 

emissions inventory for the PittsburghBeaver Valley 1997 PM2.5 nonattainment 

area may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 27, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by adding at the end 

of the table an entry for 2002 Base Year 

Emissions Inventory for the 1997 fine 

particulate matter (PM2.5) standard to 

read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory SIP revision Applicable 

geographic area 

State submittal 

date EPA approval date Additional explanation 

*******

2002 Base Year Emissions Inventory for 

the 1997 fine particulate matter (PM2.5 ) 

standard.

Pittsburgh-Beaver 

Valley, PA.

11/10/09 12/13/12 [Insert page number where the 

document begins].

52.2036(p) 

■ 3. Section 52.2036 is amended by 

adding paragraph (p) to read as follows: 

§ 52.2036 Base year emissions inventory. 

* * * * * 

(p) EPA approves as a revision to the 

Pennsylvania State Implementation Plan 

the 2002 base year emissions inventory 

for the Pittsburgh-Beaver Valley 1997 

fine particulate matter (PM2.5) 

nonattainment area submitted by the 

Pennsylvania Department of 

Environmental Protection on November 

10, 2009. The base year emissions 

inventory includes emissions estimates 

that cover the general source categories 

of point sources, area sources, on-road 

mobile sources, and non-road mobile 

sources. The pollutants that comprise 

the inventory are PM2.5, coarse particles 

(PM10), nitrogen oxides (NOX), volatile 

organic compounds (VOCs), ammonia 

(NH3), and sulfur dioxide (SO2). 

[FR Doc. 2012–29987 Filed 12–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0825; FRL–9372–1] 

Extension of Tolerances for 

Emergency Exemptions (Multiple 

Chemicals) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation extends timelimited tolerances for the pesticides 

listed in this document. These actions 

are in response to EPA’s granting of 

emergency exemptions under the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) authorizing 

use of these pesticides. The Federal 

Food, Drug, and Cosmetic Act (FFDCA) 

requires EPA to establish a time-limited 

tolerance or exemption from the 

requirement for a tolerance for pesticide 

chemical residues in food that will 

result from the use of a pesticide under 

an emergency exemption granted by 

EPA. 

DATES: This regulation is effective 

December 13, 2012. Objections and 

requests for hearings must be received 

on or before February 11, 2013], and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0825, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 


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