15608 Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Rules and Regulations 

attain this standard. In this context, EPA 

has also determined that there are not 

any additional obligations, including 

those relating to one-hour ozone 

contingency measures, for the Greater 

Connecticut area under the one-hour 

ozone standard. 

III. Final Action 

EPA is determining that the Greater 

Connecticut one-hour ozone 

nonattainment area did not meet its 

applicable one-hour ozone attainment 

date of November 15, 2007, based on 

2005–2007 quality-assured ozone 

monitoring data. Separate from and 

independent of this determination, EPA 

is also determining that the Greater 

Connecticut one-hour ozone 

nonattainment area is currently 

attaining the one-hour ozone standard, 

based on the most recent three years 

(2008–2010) of complete, qualityassured ozone monitoring data at all 

monitoring sites in the area. EPA’s 

review of the data shows that the area 

began attaining the one-hour ozone 

standard in the 2006–2008 period, and 

has continued to attain this standard 

through the 2007–2009 and 2008–2010 

monitoring periods. Quality assured and 

quality controlled, but not yet certified, 

ozone data available for 2011 indicate 

that the area continues to attain the onehour NAAQS. 

IV. Statutory and Executive Order 

Reviews 

These actions make determinations of 

attainment based on air quality, result in 

the suspension of certain Federal 

requirements, and would not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

these actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 

• Do 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, these actions do 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. 

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 these actions 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). This rule is effective on April 16, 

2012. 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 15, 2012. 

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 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, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: March 8, 2012. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart H—Connecticut 

■ 2. Section 52.377 is amended by 

adding paragraph (i) to read as follows: 

§ 52.377 Control strategy: Ozone. 

* * * * * 

(i) Determination of Attainment for 

the One-Hour Ozone Standard. Effective 

April 16, 2012, EPA is determining that 

the Greater Connecticut one-hour ozone 

nonattainment area did not meet its 

applicable one-hour ozone attainment 

date of November 15, 2007, based on 

2005–2007 complete, quality-assured 

ozone monitoring data. Separate from 

and independent of this determination, 

EPA is determining that the Greater 

Connecticut one-hour ozone 

nonattainment area met the one-hour 

ozone standard, based on 2008–2010 

complete, quality-assured ozone 

monitoring data at all monitoring sites 

in the area. EPA’s review of the ozone 

data shows that the area began attaining 

the one-hour ozone standard during the 

2006–2008 monitoring period, and has 

continued attaining the one-hour 

standard through the 2007–2009 and 

2008–2010 monitoring periods. 

[FR Doc. 2012–6424 Filed 3–15–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2011–0081; FRL–9648–9] 

RIN 2060–AR42 

Revisions to Final Response to 

Petition From New Jersey Regarding 

SO2 Emissions From the Portland 

Generating Station 

AGENCY: Environmental Protection 

Agency (EPA). 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Rules and Regulations 15609 

ACTION: Withdrawal of direct final rule. 

SUMMARY: The EPA issued ‘‘Revisions to 

Final Response to Petition From New 

Jersey Regarding SO2 Emissions From 

the Portland Generating Station’’ as a 

direct final rule on December 22, 2011. 

Because the EPA received an adverse 

comment to the parallel proposal issued 

under the same name on December 22, 

2011, we are withdrawing the direct 

final rule amendments to ‘‘Revisions to 

Final Response to Petition From New 

Jersey Regarding SO2 Emissions From 

the Portland Generating Station’’ 

published in the Federal Register on 

December 22, 2011. 

DATES: As of March 16, 2012, the EPA 

withdraws the direct final rule 

amendments published on December 

22, 2011. See 76 FR 79541. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2011–0081. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

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 http:// 

www.regulations.gov or in hard copy at 

Air Docket, EPA/DC, EPA West, Room 

3334, 1301 Constitution Ave., NW., 

Washington, DC. 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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Todd Hawes (919) 541–5591, 

hawes.todd@epa.gov, or Ms. Gobeail 

McKinley (919) 541–5246, 

mckinley.gobeail@epa.gov, Office of Air 

Quality Planning and Standards, Air 

Quality Policy Division, Mail Code 

C539–04, Research Triangle Park, NC 

27711. 

SUPPLEMENTARY INFORMATION: 

I. Background Information 

The EPA issued ‘‘Revisions to Final 

Response to Petition From New Jersey 

Regarding SO2 Emissions From the 

Portland Generating Station’’ as a direct 

final rule on December 22, 2011. See 76 

FR 79541. The direct final rule revised 

the preamble and rule text to the ‘‘Final 

Response to Petition From New Jersey 

Regarding SO2 Emissions From the 

Portland Generating Station’’ (Portland) 

published November 7, 2011, to clarify 

that Portland significantly contributes to 

nonattainment or interferes with 

maintenance of the 1-hour sulfur 

dioxide national ambient air quality 

standard in the State of New Jersey, and 

not in specific counties within the state. 

See 76 FR 69052. The revisions did not 

change the conclusions that the EPA 

made in the final rule and did not affect 

the emission limits, increments of 

progress, compliance schedules, or 

reporting provisions. 

The EPA issued a parallel proposal 

under the same name on December 22, 

2011, that proposed to make the same 

revisions outlined in the direct final and 

solicited comment on those revisions. 

See 76 FR 79574. We stated in the direct 

final rule amendments that if we 

received adverse comment to the 

parallel proposal by February 21, 2012, 

we would publish a timely notice of 

withdrawal of the direct final rule in the 

Federal Register. We received one 

adverse comment on the proposed 

amendments on February 21, 2012. We 

are consequently withdrawing the 

‘‘Revisions to Final Response to Petition 

From New Jersey Regarding SO2

Emissions From the Portland Generating 

Station’’ published as a direct final rule 

in the Federal Register on December 22, 

2012 as of March 16, 2012. See 76 FR 

79541. The EPA will address the 

adverse comment in a subsequent final 

action based on the parallel proposal 

also published on December 22, 2011. 

See 76 FR 79574. As stated in the 

parallel proposal, we will not institute 

a second comment period on this action. 

List of Subjects in 40 CFR Part 52 

Approval and promulgation of 

implementation plans, Environmental 

protection, Administrative practice and 

procedures, Air pollution control, 

Incorporation by reference, 

Intergovernmental relations, and 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 

Dated: March 12, 2012. 

Lisa P. Jackson, 

Administrator. 

PART 52—[AMENDED] 

Accordingly, the amendments to the 

rule published in the Federal Register 

on December 22, 2011 (76 FR 79541) on 

pages 79541–79544 are withdrawn as of 

March 16, 2012. 

[FR Doc. 2012–6427 Filed 3–15–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 799 

[EPA–HQ–OPPT–2005–0033; FRL–9335–6] 

RIN 2070–AD16 

Revocation of TSCA Section 4 Testing 

Requirements for Certain High 

Production Volume Chemical 

Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is revoking certain 

testing requirements for six chemical 

substances and all the testing 

requirements for four chemical 

substances. EPA is basing its decision to 

take this action on information received 

since publication of the first test rule for 

certain high production volume 

chemical substances (HPV1). HPV1 

established testing requirements for 

those 10 chemical substances. On the 

effective date of this direct final rule, 

persons who export or intend to export 

the four chemical substances for which 

all the testing requirements are revoked 

are no longer subject to section 12(b) of 

the Toxic Substance Control Act (TSCA) 

export notification requirements 

triggered by HPV1. 

DATES: This direct final rule is effective 

May 15, 2012 without further notice, 

unless EPA receives adverse comment 

in writing, or a request to present 

comment orally, on or before April 16, 

2012. If EPA receives adverse comment, 

or a written request for an opportunity 

to present oral comments, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule, or relevant 

portions of this direct final rule, will not 

take effect. If you write EPA to request 

an opportunity to present oral 

comments on or before April 16, 2012, 

EPA will hold a public meeting on this 

direct final rule in Washington, DC. The 

announcement of the meeting will be 

published in the Federal Register. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2005–0033, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

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., 


srobinson on DSK4SPTVN1PROD with RULES