35862 Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Rules and Regulations 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: May 29, 2012. 

S.M. Wischmann, 

Captain, U. S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2012–14648 Filed 6–14–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0062] 

Safety Zone; Fleet Week Maritime 

Festival, Pier 66 Elliott Bay, Seattle, 

WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Fleet Week Maritime Festival’s Pier 

66 Safety Zone in Elliott Bay, WA from 

8 a.m. until 8 p.m. on August 1, 2012, 

however, it will only be enforced thirty 

minutes prior to, during, and thirty 

minutes after the annual parade of ships 

and aerial demonstration. This action is 

necessary to promote safety on 

navigable waters. During the 

enforcement period, entry into, transit 

through, mooring, or anchoring within 

this zone is prohibited unless 

authorized by the Captain of the Port, 

Puget Sound or his Designated 

Representative. 

DATES: The regulations in 33 CFR 

165.1330 will be enforced from 8 a.m. 

until 8 p.m. on August 1, 2012. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Ensign Anthony P. LaBoy, 

Sector Puget Sound Waterways 

Management Division Coast Guard; 

telephone 206–217–6323, email 

SectorPugetSoundWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone for 

the Fleet Week Maritime Festival in 33 

CFR 165.1330 on August 1, 2012, from 

8 a.m. until 8 p.m.; however, it will only 

be enforced thirty minutes prior to, 

during, and thirty minutes after the 

annual parade of ships and aerial 

demonstration. 

In accordance with the general 

regulations in 33 CFR Part 165, Subpart 

C, no vessel operator may enter, transit, 

moor, or anchor within this safety zone, 

except for vessels authorized by the 

Captain of the Port or Designated 

Representative, thirty minutes prior to 

the beginning, during and thirty 

minutes following the conclusion of the 

Parade of Ships. For the purpose of this 

rule, the Parade of Ships includes both 

the pass and review of the ships near 

Pier 66 and the aerial demonstrations 

immediately following the pass and 

review. The Captain of the Port may be 

assisted by other federal, state, or local 

agencies as needed. 

In order to transit through this safety 

zone, authorization must be granted by 

the Captain of the Port, Puget Sound, or 

his Designated Representative. All 

vessel operators desiring entry into this 

safety zone shall gain authorization by 

contacting either the on-scene U.S. 

Coast Guard patrol craft on VHF Ch 13 

or Ch 16, or Coast Guard Sector Puget 

Sound Joint Harbor Operations Center 

(JHOC) via telephone at (206) 217–6002. 

Requests shall Indicate the reason why 

movement within the safety zone is 

necessary and the vessel’s arrival and/ 

or departure facility name, pier and/or 

berth. Vessel operators granted 

permission to enter this safety zone will 

be escorted by the on-scene patrol until 

no longer within the safety zone. 

This notice is issued under authority 

of 33 CFR 165.1330 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with extensive 

advance notification of this enforcement 

period via the Local Notice to Mariners 

and marine information broadcasts. If 

the Captain of the Port determines that 

the regulated area need not be enforced 

for the full duration stated in this 

notice, he may use a Broadcast Notice 

to Mariners to grant general permission 

to enter the regulated area. 

Dated: June 1, 2012. 

S.J. Ferguson, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2012–14545 Filed 6–14–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0166; FRL–9687–1] 

Approval and Promulgation of 

Implementation Plans; State of Florida: 

New Source; Review Prevention of 

Significant Deterioration: Nitrogen 

Oxides as a Precursor to Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve changes to the Florida State 

Implementation Plan (SIP), submitted 

by the Florida Environmental Protection 

(FDEP), through the Division of Air 

Resource Management, to EPA in two 

separate SIP revisions on October 19, 

2007, and July 1, 2011. These SIP 

revisions modify Florida’s New Source 

Review (NSR) Prevention of Significant 

Deterioration (PSD) program to address 

requirements promulgated in the 1997 

8-hour ozone national ambient air 

quality standards (NAAQS) 

Implementation Rule NSR Update Phase 

II (hereafter referred to as the ‘‘Ozone 

Implementation NSR Update’’ or ‘‘Phase 

II Rule’’) recognizing nitrogen oxide 

(NOX) as an ozone precursor, among 

other requirements. In addition, both 

SIP revisions make clarifying and 

corrective changes to Florida’s 

regulations. EPA is approving both SIP 

revisions because the Agency has 

determined that the changes are in 

accordance with the Clean Air Act (CAA 

or Act) and EPA regulations regarding 

NSR permitting. 

DATES: Effective Date: This rule will be 

effective July 16, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0166. 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., 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. 


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Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Rules and Regulations 35863 

1Florida’s July 1, 2011, SIP revision also makes 

additional changes to Chapters 62–210, 212 and 

296, F.A.C. which will be addressed in a separate 

rulemaking. 

2On July 18, 1997, EPA promulgated a revised 

8-hour ozone NAAQS of 0.08 parts per million— 

also referred to as the 1997 8-hour ozone NAAQS. 

On April 30, 2004, EPA designated areas as 

unclassifiable/attainment, nonattainment and 

unclassifiable for the 1997 8-hour ozone NAAQS. 

In addition, on April 30, 2004, as part of the 

framework to implement the 1997 8-hour ozone 

NAAQS, EPA promulgated an implementation rule 

in two phases (Phase I and II). The Phase I Rule 

(effective on June 15, 2004), provided the 

implementation requirements for designating areas 

under subpart 1 and subpart 2 of the CAA. See 69 

FR 23951. 

3On June 27, 2008 (73 FR 36435), EPA took final 

action to approve a February 3, 2006, Florida SIP 

revision to adopt the provisions promulgated in the 

2002 NSR Reform Rule. See 67 FR 80186. In the 

June 27, 2008, final rulemaking, EPA approved 

Florida’s definition of ‘‘PSD Pollutant’’ as an 

equivalent to the federal term ‘‘regulated NSR 

pollutant’’ into the Florida SIP. As part of its 

February 3, 2006, SIP revision to adopt the NSR 

Reform provisions, Florida provided an equivalency 

demonstration that addressed how the State’s 

definition of ‘‘PSD pollutant’’ was comparable to 

the federal term ‘‘regulated NSR pollutant.’’ EPA’s 

June 27, 2008, rulemaking also conditionally 

approved portions of Florida’s PSD program that 

Continued 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person 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 federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Florida SIP, 

contact Ms. Twunjala Bradley, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

Telephone number: (404) 562–9352; 

email address: 

bradley.twunjala@epa.gov. For 

information regarding NSR, contact Ms. 

Yolanda Adams, Air Permits Section, at 

the same address above. Telephone 

number: (404) 562–9214; email address: 

adams.yolanda@epa.gov. For 

information regarding 8-hour ozone 

NAAQS, contact Ms. Jane Spann, 

Regulatory Development Section, at the 

same address above. Telephone number: 

(404) 562–9029; email address: 

spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

EPA is taking final action to approve 

changes to the Florida SIP such that it 

is consistent with federal requirements 

for NSR permitting. On October 19, 

2007, and July 1, 2011,1 FDEP submitted 

revisions to EPA for approval into the 

Florida SIP to adopt federal 

requirements for NSR permitting 

promulgated in the Phase II Rule. 

Florida’s October 19, 2007, SIP revision 

makes changes to the State’s air quality 

regulations at Chapter 62–210, Florida 

Administrative Code (F.A.C.), 

Stationary Sources—General 

Requirements, Section 200—Definitions 

(rule 62–210.200), and Chapter 62–212, 

F.A.C., Stationary Sources— 

Preconstruction Review, Section 400— 

Prevention of Significant Deterioration 

(rule 62–210.400). Florida’s July 1, 2011, 

SIP revision also makes changes at 

Chapter 62–210, F.A.C., to adopt PSD 

provisions promulgated in the Phase II 

Rule. Specifically, both SIP revisions 

amend the State’s PSD regulations to 

establish that PSD permit applicants 

must identify NOx as an ozone 

precursor as established in the Phase II 

Rule. Lastly, both SIP revisions make 

clarifying and corrective changes to 

Florida’s rules at Chapters 62–210 and 

62–212, F.A.C. Pursuant to section 110 

of the CAA, EPA is approving these 

changes into the Florida SIP. EPA notes 

that Florida’s October 19, 2007, SIP 

submission makes clarifying changes to 

rule 62–212.400(11), F.A.C., regarding 

applicable public participation 

requirements for PSD permitting. 

However, because Florida’s subsequent 

July 1, 2011, SIP revision made 

subsequent revisions to this public 

participation provision, EPA is not 

taking action to approve Florida’s 

October 19, 2007, revision to rule 62– 

212.400(11), F.A.C. EPA is taking final 

action to approve the subsequent July 1, 

2011, clarifying amendments to rule 62– 

212.400(11), F.A.C. into the Florida SIP. 

On April 5, 2012, EPA published a 

proposed rulemaking to approve the 

aforementioned changes to Florida’s 

NSR PSD program. See 77 FR 20582. 

Comments on the proposed rulemaking 

were due on or before May 7, 2012. No 

comments, adverse or otherwise, were 

received on EPA’s April 5, 2012, 

proposed rulemaking. EPA is now 

taking final action to approve the 

changes to Florida’s NSR PSD program 

as outlined in EPA’s April 5, 2012, 

proposed rulemaking. A summary of the 

background for today’s final actions is 

provided below. 

a. Phase II Rule 

With regard to the 1997 8-hour ozone 

NAAQS,2 EPA’s Phase II Rule, finalized 

on November 29, 2005, addressed 

control and planning requirements as 

they applied to areas designated 

nonattainment for the 1997 8-hour 

ozone NAAQS such as reasonably 

available control technology, reasonably 

available control measures, reasonable 

further progress, modeling and 

attainment demonstrations, NSR, and 

the impact to reformulated gas for the 

1997 8-hour ozone NAAQS transition. 

See 70 FR 71612. The NSR permitting 

requirements established in the rule 

included the following provisions: 

Recognizing NOX as an ozone precursor 

for PSD purposes; changes to the 

nonattainment new source review 

(NNSR) rules establishing major 

stationary thresholds (marginal, 

moderate, serious, severe, and extreme 

nonattainment classifications) and 

significant emission rates for the 8-hour 

ozone, PM10 and carbon monoxide 

NAAQS; revising the criteria for 

crediting emission reductions credits 

from operation shutdowns and 

curtailments as offsets, and changes to 

offset ratios for marginal, moderate, 

serious, severe, and extreme ozone 

nonattainment. 

The Phase II Rule made changes to 

federal regulations at 40 CFR 51.165 and 

51.166 (which govern the NNSR and 

PSD permitting programs respectively). 

Pursuant to these requirements, states 

were required to submit SIP revisions 

adopting the relevant federal 

requirements of the Phase II Rule (at 40 

CFR 51.165 and 51.166) into their SIP 

no later than June 15, 2007. Florida’s 

October 19, 2007, and July 1, 2011, SIP 

revisions adopt the relevant provisions 

at 40 CFR 51.66 into the Florida SIP to 

be consistent with federal regulations 

for NSR PSD permitting requirements 

promulgated in the Phase II Rule with 

minor variations. States may meet the 

requirements of 40 CFR part 51 and the 

Phase II Rules with alternative but 

equivalent regulations. As part of its 

analysis of Florida’s October 19, 2007 

and July 1, 2011, SIP revisions, EPA 

conducted a thorough review of the 

State’s submittals including those 

provisions that differ from the federal 

rules (specifically the term ‘‘regulated 

NSR pollutant’’ at 40 CFR 

51.166(b)(49)). EPA determined that 

Florida’s term ‘‘PSD pollutant’’ 3 is 


srobinson on DSK4SPTVN1PROD with RULES
35864 Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Rules and Regulations 

were not consistent with federal PSD regulations 

(including the definition for significant emissions 

rate). On June 17, 2009, in response to the 

conditional approval FDEP submitted a SIP revision 

to revise portions of its PSD program to be 

consistent with the federal PSD regulations. EPA 

took final action to approve this revision on April 

12, 2011, which converted the State’s PSD program 

from conditional to full approval. See 76 FR 20239. 

4Florida defines ‘‘PSD Pollutant’’ at rule 62– 

210.200, F.A.C., as ‘‘any pollutant listed as having 

a significant emissions rate. Florida’s October 19, 

2007, SIP revision (the subject of this action) 

amends the definition of ‘‘significant emissions 

rate’’ to adopt the Phase II Rule provisions by listing 

NOX for the pollutant ‘‘ozone.’’ In doing so, 

Florida’s definition of ‘‘PSD pollutant’’ is also 

amended to establish NOX as an ozone precursor. 

5The rule at 40 CFR 52.21(i)(5)(i)(f) establishes 

that there is no de minimis air quality level for 

ozone, however any source subject to PSD with a 

net increase of 100 tons per year or more of volatile 

organic compounds or NOX is required to perform 

an ambient impact analysis. 

equivalent to the federal PSD definition 

‘‘regulated NSR pollutant’’ and 

consistent with the program 

requirements for NSR, set forth at 40 

CFR 51.166 related to the relevant 

revisions amended in the Phase II Rule. 

For more detail on Florida’s equivalent 

PSD provisions for the definition of 

‘‘regulated NSR pollutant’’ related to the 

Phase II Rule, please refer to EPA’s 

proposed rulemaking at 77 FR 20584 

(May 5, 2012). See also 73 FR 36435 

(June 27, 2008). 

b. Florida’s Clarifying Changes and 

Corrections 

Finally, Florida’s October 19, 2007, 

and July 1, 2011, SIP revisions make 

clarifying changes and typographical 

corrections to portions of the State’s 

NSR regulations at Chapter 62–210 and 

212. Florida’s October 19, 2007, SIP 

revisions make clarifying and/or 

corrective changes to rule 62–212.400, 

F.A.C including amending subsection 

entitled ‘‘General Prohibitions’’ at rule 

62–212.400(1) by replacing the term 

‘‘Prohibitions’’ with the term 

‘‘Provisions’’; and adding language at 

rule 62–212.400(1)(c) and 62–212.720— 

Actuals Plantwide Applicability Limits 

(PALs), to clarify that the term 

‘‘Administrator’’ in 40 CFR 52.21 shall 

mean ‘‘Department’’ when applying the 

portions of the federal rule cited from 

within the FDEP rules. 

In addition, Florida’s July 1, 2011, SIP 

revision corrected an administrative 

error in the definition of ‘‘major 

modification’’ by replacing the term 

‘‘PSD pollutant’’ with ‘‘regulated air 

pollutant’’ at rule 62–210.200(186)(d), 

F.A.C. The July 1, 2011, SIP revision 

also amends the public participation 

provision at 62–212.400(11), F.A.C., to 

clarify that the applicable public notice 

and participation provisions can be 

found at 62–210.350, F.A.C., and 62– 

110.106, F.A.C., to satisfy the federal 

public participation requirements. 

Florida’s October 19, 2007, SIP 

submission also made changes to rule 

62–212.400(11), F.A.C., regarding 

applicable public participation 

requirements for PSD permitting. 

However, Florida’s July 1, 2011, SIP 

revision made subsequent changes to 

the public participation provision at 

rule 62–212.400(11), F.A.C., and 

therefore, EPA is not taking action to 

approve Florida’s October 19, 2007, 

revision to rule 62–212.400(11), F.A.C. 

EPA is instead approving the latest 

revision to rule 62–212.400(11), F.A.C., 

included in Florida’s July 1, 2011, SIP 

revision. 

II. This Action 

Florida’s October 19, 2007 and July 1, 

2011, SIP revisions update the State’s 

PSD definitions at Chapter 62–210, 

F.A.C. and provisions at Chapter 62– 

212, F.A.C. to adopt the NSR 

requirements promulgated in the Phase 

II Rule (at 40 CFR 52.21) recognizing 

NOX as an ozone precursor regarding: 

amendments to the definitions for 

‘‘major stationary source’’ (40 CFR 

52.21(b)(1)), ‘‘major modification’’ (40 

CFR 52.21(b)(2)), ‘‘significant’’ (for 

significant emissions rate) (at 40 CFR 

52.21(b)(23)(i)), ‘‘regulated NSR 

pollutant’’ (40 CFR 52.21(b)(50)), and 

the addition of a footnote at 40 CFR 

52.21(i)(5)(i)(f) establishing the 

requirement for ambient air impact 

analysis. The Phase II rule also made 

other revisions to the NNSR program; 

however, only the addition of PSD 

amendments recognizing NOX as an 

ozone precursor is relevant to this 

action. 

Florida’s October 19, 2007, SIP 

revision, which became state effective 

July 16, 2007, revised definitions at rule 

62–210.200, F.A.C., for ‘‘major 

stationary source,’’ ‘‘significant 

emissions rate’’ (or ‘‘significant’’ at 40 

CFR 52.21(b)(23)(i)), and ‘‘PSD 

pollutant’’ 4 (Florida’s equivalent to the 

federal term ‘‘regulated NSR pollutant’’ 

at 40 CFR 52.21 (b)(50)) by adding the 

term ‘‘nitrogen oxides’’ to recognize 

NOX as an ozone precursor. The changes 

at rule 62–212.400, F.A.C., also 

addressed the inclusion of ‘‘nitrogen 

oxides’’ in the footnote at 62– 

212.400(3)(e)1.e., (as amended at 40 CFR 

52.21 (i)(5)(i)(f)) regarding air quality 

level for ozone.5 Florida’s July 1, 2011, 

SIP revision, which became state 

effective October 12, 2008, revised the 

definition for ‘‘major modification’’ to 

be consistent with the definition 

promulgated in the Phase II Rule to 

include NOX as an ozone precursor. 

As mentioned above, both Florida SIP 

submittals made clarifying changes and 

corrected typographical errors at Florida 

Chapter 62–210 and 212, F.A.C. 

Specifically Florida’s October 19, 2007, 

SIP submission made changes to rule 

62–212.400(11), F.A.C., regarding 

applicable public participation 

requirements for PSD permitting. 

However, because Florida’s July 1, 2011 

SIP revision made subsequent changes 

62–212.400(11), F.A.C., EPA is not 

approving the October 19, 2007 SIP 

revision to 62–212.400(11), F.A.C., into 

the Florida SIP. EPA is instead 

approving the latest revision to rule 62– 

212.400(11), F.A.C., included in 

Florida’s July 1, 2011, SIP revision. EPA 

has determined that Florida’s October 

19, 2007, and July 1, 2011, SIP 

revisions, both meet the NSR PSD 

permitting requirements established in 

the Phase II Rule and are consistent 

with section 110 of the CAA. 

III. Final Action 

Pursuant to section 110 of the CAA, 

EPA is taking final action to approve 

Florida’s October 19, 2007, and July 1, 

2011, SIP revisions adopting federal 

PSD definitions and provisions 

amended in the Phase II Rule 

specifically recognizing NOX as an 

ozone precursor into the Florida SIP. 

EPA is also taking final action to 

approve Florida’s clarifying changes and 

correction to Florida’s NSR rules. EPA 

is approving these revisions into the 

Florida SIP because they are consistent 

with section 110 of the CAA and EPA 

implementing NSR regulations. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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 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.); 


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Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Rules and Regulations 35865 

• 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 

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 14, 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 CAA 

section 307(b)(2), 42 U.S.C. 7607(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Ozone, Reporting 

and recordkeeping requirements. 

Dated: June 5, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

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 K—Florida 

■ 2. Section 52.520(c) is amended under 

Chapters 62–210 and 62–212 by revising 

the entries for ‘‘Section 62–210.200’’ 

and ‘‘Section 62–212.400’’ to read as 

follows: 

§ 52.520 Identification of plan 

* * * * * 

(c) * * * 

EPA-APPROVED FLORIDA REGULATIONS

State citation 

(section) Title/subject State effective date EPA approval date Explanation 

*******

Chapter 62–210 Stationary Source—General Requirements 

*******

62–210.200 ......... Definitions ....................... 10/12/08 6/15/12 [Insert citation of 

publication].

This final rulemaking approves changes to the following definitions: ‘‘major modification,’’ ‘‘major 

stationary source,’’ ‘‘PSD pollutant’’ and ‘‘significant emissions rate.’’ 

* * * * * * * 

Chapter 62–212 Stationary Source—Preconstruction Review 

*******

62–212.400 ......... Prevention of Significant 

Deterioration.

10/6/08 6/15/12 [Insert citation of 

publication].

* * * * * * * 


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35866 Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Rules and Regulations 

* * * * * 

[FR Doc. 2012–14419 Filed 6–14–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0969; FRL–9686–9] 

Approval and Promulgation of 

Implementation Plans; Revisions to the 

Georgia State Implementation Plan 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a State 

Implementation Plan (SIP) revision 

submitted by the State of Georgia, 

through the Department of Natural 

Resources (GA DNR), on November 16, 

2010. This revision consists of 

transportation conformity criteria and 

procedures related to interagency 

consultation and enforceability of 

certain transportation-related control 

measures and mitigation measures. The 

intended effect is to update the 

transportation conformity criteria and 

procedures in the Georgia SIP. This 

action is being taken pursuant to section 

110 of the Clean Air Act. 

DATES: This direct final rule is effective 

August 14, 2012 without further notice, 

unless EPA receives adverse comment 

by July 16, 2012. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0969, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: 

somerville.amanetta@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2010– 

0969,’’ Air Quality Modeling and 

Transportation Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Amanetta 

Somerville, Air Quality Modeling and 

Transportation Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2010– 

0969.’’ EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. 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 in www.regulations.gov or 

in hard copy at the Air Quality 

Modeling and Transportation Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person 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 federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Amanetta Somerville, Air Quality 

Modeling and Transportation Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Somerville’s telephone number is 404– 

562–9025. She can also be reached via 

electronic mail at 

somerville.amanetta@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Transportation Conformity 

II. Background for This Action 

A. Federal Requirements 

B. Atlanta Conformity SIP 

C. Chattanooga Conformity SIP 

D. Macon Conformity SIP 

E. Rome Conformity SIP 

III. State Submittal and EPA Evaluation 

IV. Public Comment and Final Action 

V. Statutory and Executive Order Reviews 

I. Transportation Conformity 

Transportation conformity (hereafter 

referred to as ‘‘conformity’’) is required 

under section 176(c) of the Clean Air 

Act (CAA or Act) to ensure that 

federally supported highway, transit 

projects, and other activities are 

consistent with (‘‘conform to’’) the 

purpose of the SIP. Conformity 

currently applies to areas that are 

designated nonattainment, and to areas 

that have been redesignated to 

attainment after 1990 (maintenance 

areas) with plans developed under 

section 175A of the Act, for the 

following transportation related criteria 

pollutants: Ozone, particulate matter 

(e.g., PM2.5 and PM10), carbon 

monoxide, and nitrogen dioxide. 

Conformity to the purpose of the SIP 

means that transportation activities will 

not cause new air quality violations, 

worsen existing violations, or delay 

timely attainment of the relevant criteria 

pollutants, also known as national 

ambient air quality standards (NAAQS). 

The transportation conformity 

regulation is found in 40 CFR part 93 

and provisions related to conformity 

SIPs are found in 40 CFR 51.390. 


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