18244 Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations 

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, Volatile organic 

compounds. 

Dated: March 11, 2013. 

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 S—Kentucky 

■ 2. Section 52.919 is amended by 

adding paragraph (c) to read as follows: 

§ 52.919 Identification of plan-conditional 

approval. 

* * * * * 

(c) Kentucky submitted a commitment 

letter to EPA on July 3, 2012, requesting 

conditional approval of outstanding 

requirements related to the NSR PM2.5

Rule. In this letter, the Commonwealth 

provided a schedule as to how it will 

address outstanding requirements 

related to the NSR PM2.5 Rule (including 

PM2.5 PSD Increment-SILs-SMC, as it 

relates to PM2.5 increments to meet the 

prong 3 requirements of section 

110(a)(2)(D)(i)). EPA conditionally 

approved the NSR PM2.5 Rule 

submission for Kentucky on October 3, 

2012, (77 FR 60307). If the 

Commonwealth fails to submit these 

revisions by October 3, 2013, the 

conditional approval will automatically 

become a disapproval on that date and 

EPA will issue a finding of disapproval. 

Subpart II—North Carolina 

■ 3. Section 52.1773 is amended by 

adding paragraph (c) to read as follows: 

§ 52.1773 Conditional Approval. 

* * * * * 

(c) North Carolina submitted a 

commitment letter to EPA on July 10, 

2012, requesting conditional approval of 

outstanding requirements related to the 

NSR PM2.5 Rule. In this letter, North 

Carolina provided a schedule as to how 

it will address outstanding requirements 

related to the NSR PM2.5 Rule (including 

PM2.5 PSD Increment-SILs-SMC, as it 

relates to PM2.5 increments to meet the 

prong 3 requirements of section 

110(a)(2)(D)(i)). EPA conditionally 

approved the NSR PM2.5 Rule 

submission for North Carolina on 

October 16, 2012, (77 FR 63234). If the 

North Carolina fails to submit these 

revisions by October 16, 2013, the 

conditional approval will automatically 

become a disapproval on that date and 

EPA will issue a finding of disapproval. 

Subpart RR—Tennessee 

■ 4. Section 52.2219 is amended by 

revising paragraph (e) to read as follows: 

§ 52.2219 Conditional Approval. 

* * * * * 

(e) Conditional Approval. On October 

4, 2012, Tennessee submitted a 

commitment letter to EPA requesting 

conditional approval of specific 

enforceable measures related to prong 3 

of section 110(a)(2)(D)(i); specifically, 

the PM2.5 PSD Increment-SILs-SMC Rule 

(only as it relates to PM2.5 increments) 

for the 1997 annual and 2006 24-hour 

fine particulate matter (PM2.5) national 

ambient air quality standards. EPA is 

conditionally approving Tennessee’s 

commitment to address outstanding 

requirements promulgated in the PM2.5

PSD Increment-SILs-SMC Rule (only as 

it relates to PM2.5 increments). If 

Tennessee fails to submit these 

revisions by March 6, 2014, the 

conditional approval will automatically 

become a disapproval on that date and 

EPA will issue a finding of disapproval. 

[FR Doc. 2013–06646 Filed 3–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0827; FRL–9785–6] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). This action was proposed in 

the Federal Register on November 7, 

2012 and concerns volatile organic 

compound (VOC) emissions from 

architectural coatings. We are approving 

a local rule that regulates these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule is effective on April 25, 

2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0827 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: 

Nicole Law, EPA Region IX, (415) 947– 

4126, law.nicole@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 7, 2012 (77 FR 66780), 

EPA proposed to approve the following 

rule into the California SIP. 

Local agency Rule # Rule title Amended Submitted 

SCAQMD ....................................................... 1113 Architectural Coatings ................................................. 06/03/11 09/27/11 


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Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations 18245 

We proposed to approve this rule 

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 a comment through 

the anonymous access system. 

The comment and our response are 

summarized below. 

Comment: Rule changes of this type 

are only designed to hurt the local 

businesses that use architectural 

coatings with higher costs that only 

serve to bolster the EPA pocketbook. 

Please leave well enough alone. You 

have not provided a study to back up 

your regulations to start with and this 

further limits our businesses. Please 

clarify what the current rule is and what 

exactly you are proposing. 

Response: This rule is designed to 

help reduce significant public health 

impacts from ground-level ozone and 

smog. It has no financial impact on EPA. 

The local process for adopting the rule 

included development of a cost 

effectiveness analysis (included in the 

district staff report) which provides 

support for the revised architectural 

coating requirements. 

This action finalizes EPA approval of 

SCAQMD Rule 1113 as submitted to 

EPA on September 27, 2011. The 

current version in the SIP was approved 

on August 17, 2011 (76 FR 50891). A 

summary of the revisions from the last 

SIP approved rule can be found in our 

TSD. The comment does not provide 

any specific information to support its 

general concerns, while both 

SCAQMD’s staff report and EPA’s TSD 

provide specific rationale supporting 

the revised rule. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rule as 

described in our proposed action. 

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). 

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 May 28, 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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 14, 2013. 

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)(A)(3) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(404) * * * 

(i) * * * 

(A) * * * 

(3) Rule 1113, ‘‘Architectural 

Coatings,’’ amended on June 3, 2011. 

* * * * * 

[FR Doc. 2013–06754 Filed 3–25–13; 8:45 am] 

BILLING CODE 6560–50–P 


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