6740 Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations 

(1) Rule 102, ‘‘Definitions,’’ amended 

February 9, 2012. 

* * * * * 

(423) New and amended regulations 

for the following APCDs were submitted 

on September 21, 2012, by the 

Governor’s designee. (i) Incorporation 

by reference. 

(A) Placer County Air Pollution 

Control District 

(1) Rule 301, ‘‘Nonagricultural 

Burning Smoke Management,’’ amended 

on February 9, 2012. 

(2) Rule 302, ‘‘Agricultural Waste 

Burning Smoke Management,’’ amended 

on February 9, 2012. 

(3) Rule 303, ‘‘Prescribed Burning 

Smoke Management,’’ amended on 

February 9, 2012. 

(4) Rule 304, ‘‘Land Development 

Burning Smoke Management,’’ amended 

on February 9, 2012. 

(5) Rule 305, ‘‘Residential Allowable 

Burning,’’ amended on February 9, 

2012. 

(6) Rule 306, ‘‘Open Burning of 

Nonindustrial Wood Waste at 

Designated Disposal Sites,’’ amended on 

February 9, 2012. 

[FR Doc. 2013–01332 Filed 1–30–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0614; FRL–9771–3] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley United Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the San Joaquin Valley 

United Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). This 

action was proposed in the Federal 

Register on November 5, 2012 and 

concerns volatile organic compounds 

(VOC), carbon monoxide (CO), oxides of 

nitrogen (NOX), oxides of sulfur (SOX), 

and particulate matter (PM) emissions 

from glass melting furnaces. We are 

approving a local rule that regulates 

these emission sources under the Clean 

Air Act (CAA or the Act). 

DATES: This rule will be effective on 

March 4, 2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0614 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

While all documents in the docket are 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume reports), and some may 

not be available in either location (e.g., 

confidential business information 

(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: 

Robert Marinaro, EPA Region IX, (415) 

972–3019, marinaro.robert@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On November 5, 2012 (77 FR 66429), 

EPA proposed to approve the following 

rule into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

SJVUAPCD ................................. 4354 Limiting Emissions from Glass Melting Furnaces .......................... 05/19/11 09/27/11 

We proposed to approve this because 

we determined that it complied with the 

relevant CAA requirements. Our 

proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received no comments. 

III. EPA Action 

No comments were submitted. 

Therefore, as authorized in section 

110(k)(3) of the Act, EPA is fully 

approving this rule into the California 

SIP. 

IV. 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 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 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). 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations 6741 

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 

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 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). 

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 April 1, 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 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, Sulfur oxides, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: December 19, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraph(c)(404)(i)(D) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(404) * * * 

(i) * * * 

(D) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 4354, ‘‘Glass Melting 

Furnaces,’’ amended on May 19, 2011. 

* * * * * 

[FR Doc. 2013–02015 Filed 1–30–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R01–OAR–2012–0290; FRL–9768–7] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; New Hampshire; 

Redesignation of the Southern New 

Hampshire 1997 8-Hour Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving: the State of 

New Hampshire’s request to redesignate 

the Boston-Manchester-Portsmouth (SE), 

New Hampshire moderate 8-hour ozone 

nonattainment area to attainment for the 

1997 8-hour ozone National Ambient 

Air Quality Standard (NAAQS); a State 

Implementation Plan (SIP) revision 

containing a 10-year ozone maintenance 

plan for this area; a 2008 comprehensive 

emissions inventory for the area; and 

new motor vehicle emissions budgets 

(MVEBs) for the years 2008 and 2022 

that are contained in the 10-year ozone 

maintenance plan for this area. 

DATES: Effective Date: This rule is 

effective on March 4, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2012–0290. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., 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 at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100, Boston, 

MA. EPA requests that if at all possible, 

you contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. Copies of the 

documents relevant to this action are 

also available for public inspection 

during normal business hours, by 

appointment at the State Air Agency: 

Air Resources Division, Department of 

Environmental Services, 6 Hazen Drive, 

Concord, NH. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Burkhart, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100 (CAQ), Boston, MA 02114– 

2023, telephone number (617) 918– 

1664, fax number (617) 918–0664, email 

Burkhart.Richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Orders 

I. Background 

On October 25, 2012 (77 FR 65151), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of New 

Hampshire. The NPR proposed approval 

of New Hampshire’s request to 

redesignate the Boston-ManchesterPortsmouth (SE), New Hampshire 1997 

8-hour ozone nonattainment area 

(hereafter, the ‘‘Southern NH’’ area) and 

a SIP revision that establishes a 

maintenance plan for this area. The 

maintenance plan sets forth how the 

area will maintain attainment of the 

1997 8-hour ozone NAAQS for the next 

10 years in accordance with Section 

175A of the Clean Air Act (CAA). The 

NPR also proposed approval of the 

motor vehicle emission budgets 

(MVEBs) associated with the 

maintenance plan, as well as a 2008 

comprehensive emission inventory for 

the area. The New Hampshire 

Department of Environmental Services 

(NH DES) submitted the request to 

redesignate the Southern NH area to 

attainment of the 1997 8-hour ozone 

standard on March 2, 2012, with a 

supplement submitted on September 21, 

2012. The specific details of New 

Hampshire’s redesignation request, 

175A maintenance plan, and MVEBs, 

and the rationale for EPA’s proposed 


tkelley on DSK3SPTVN1PROD with