39180 Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations 

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 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 31, 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, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: May 29, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 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 KK—Ohio 

■ 2. Section 52.1870 is amended by 

adding paragraph (c)(155) to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(155) On March 11, 2011, the Ohio 

Environmental Protection Agency 

submitted Ohio’s regional haze plan 

addressing the first implementation 

period of the regional haze rule 

requirements. This plan includes a longterm strategy with emission limits for 

mandating emission reductions 

equivalent to the reductions from 

implement best available retrofit 

technology and with emission 

reductions to provide Ohio’s 

contribution toward achievement of 

reasonable progress goals at Class I areas 

affected by Ohio. The plan specifically 

satisfies BART requirements for nonEGUs, most notably by providing new, 

tighter emission limits for the P.H. 

Glatfelter facility in Ross County, Ohio. 

The plan establishes a combined daily 

sulfur dioxide emission limit of 24,930 

pounds per day for boiler #7 and #8. 

The plan also includes permit number 

P0103673 that will impose these 

emission limitations on P.H. Glatfelter 

Company. 

(i) Incorporation by reference. 

(A) Permit-to-Install Number 

P0103673, issued to P.H. Glatfelter 

Company—Chillicothe Facility by the 

Ohio Environmental Protection Agency, 

signed by Scott J. Nally and effective on 

March 7, 2011. 

[FR Doc. 2012–16033 Filed 6–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0236; FRL–9690–9] 

Withdrawal of Direct Final Rule 

Revising the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On June 1, 2012 (77 FR 

32398), EPA published a direct final 

approval of a revision to the California 

State Implementation Plan (SIP). This 

revision concerned South Coast Air 

Quality Management District 

(SCAQMD) Rule 1156, Further 

Reductions of Particulate Emissions 

from Cement Manufacturing Facilities. 

The direct final action was published 

without prior proposal because EPA 

anticipated no adverse comment. The 

direct final rule stated that if adverse 

comments were received by July 2, 

2012, EPA would publish a timely 

withdrawal in the Federal Register. EPA 

received a timely adverse comment. 

Consequently, with this revision we are 

withdrawing the direct final approval of 

SCAQMD Rule 1156. EPA will either 

address the comment in a subsequent 

final action based on the parallel 

proposal also published on June 1, 2012 

(77 FR 32398), or repropose an 

alternative action. As stated in the 

parallel proposal, EPA will not institute 

a second comment period on a 

subsequent final action. 

DATES: The addition of 40 CFR 52.220 

(c)(362)(i)(B)(2) published at 77 FR 

32398 on June 1, 2012 is withdrawn as 

of July 2, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0236 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations 39181 

docket are listed at www.regulations.

gov, some information may be publicly 

available only at the hard copy location 

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

and some may not be publicly available 

in either location (e.g., 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: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, vineyard.christine@epa.

gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Dated: June 11, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Accordingly, the amendment to 

40 CFR 52.220 published in the Federal 

Register on June 1, 2012 (77 FR 32398) 

which was to become effective on July 

31, 2012 is withdrawn. 

[FR Doc. 2012–15724 Filed 6–29–12; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0027; FRL–9686–6] 

Revisions to the California State 

Implementation Plan, Mojave Desert 

Air Quality Management District 

(MDAQMD) and Yolo-Solano Air 

Quality Management District 

(YSAQMD) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the MDAQMD and the 

YSAQMD portions of the California 

State Implementation Plan (SIP). These 

rules were proposed in the Federal 

Register on February 28, 2012 and 

concern glass furnaces and biomass 

boilers. We are approving local rules 

that regulate these emission sources 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: These rules will be effective on 

August 1, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0027 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. 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, multivolume 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: 

Andy Steckel, EPA Region IX, (415) 

947–4115, steckel.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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 February 28, 2012 (77 FR 11990), 

EPA proposed to approve the following 

rules into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

MDAQMD ................................... 1165 Glass Melting Furnaces .................................................................. 08/12/08 12/23/08 

YSAQMD .................................... 2.43 Biomass Boilers .............................................................................. 11/10/10 04/05/11 

We proposed to approve these rules 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

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 these rules 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). 


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