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

( 1 ) Rule 102, ‘‘Definitions,’’ amended February 9, 2012.

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(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 (NO X), oxides of sulfur (SO X), 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).


### 6741 Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations

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.**
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(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 toredesignate 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