52232 Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations 

limitations prescribed in paragraph (c) 

of this section. 

(e) Labels of manufactured food 

products containing the additive shall 

bear, in the ingredient statement, the 

name of the additive, ‘‘vitamin D2

bakers yeast,’’ in the proper order of 

decreasing predominance in the 

finished food. 

Dated: August 20, 2012. 

Kirk B. Arvidson, 

Acting Director, Office of Food Additive 

Safety, Center for Food Safety and Applied 

Nutrition. 

[FR Doc. 2012–21353 Filed 8–28–12; 8:45 am] 

BILLING CODE 4160–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0323; FRL–9720–8] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Tennessee: 

Bristol; Determination of Attaining 

Data for the 2008 Lead Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

determine that the Bristol 

nonattainment area (hereafter also 

referred to as the ‘‘Bristol Area’’ or 

‘‘Area’’) has attained the 2008 lead 

NAAQS. On April 4, 2012, the State of 

Tennessee, through the Tennessee 

Department of Environment and 

Conservation, submitted a request to 

EPA to make a determination that the 

Bristol nonattainment area for the 2008 

lead national ambient air quality 

standards (NAAQS or standard) has 

attained the 2008 lead NAAQS. This 

determination of attaining data is based 

upon complete, quality-assured and 

certified ambient air monitoring data for 

the 2009–2011 period showing that the 

Area has monitored attainment of the 

2008 lead NAAQS. Additionally, as a 

result of this determination, EPA is 

taking final action to suspend the 

requirements for the Area to submit an 

attainment demonstration, together with 

reasonably available control measures 

(RACM), a reasonable further progress 

(RFP) plan, and contingency measures 

for failure to meet RFP and attainment 

deadlines for so long as the Area 

continues to attain the 2008 lead 

NAAQS. 

DATES: Effective Date: This final rule is 

effective on September 28, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R04–OAR–2012–0323. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

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. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours 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. 

FOR FURTHER INFORMATION CONTACT: 

Steve Scofield or Zuri Farngalo, 

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. Mr. 

Scofield may be reached by phone at 

(404) 562–9034 or via electronic mail at 

scofield.steve@epa.gov. Mr. Farngalo 

may be reached by phone at (404) 562– 

9152 or via electronic mail at 

farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. What is EPA’s final action? 

IV. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is taking final action to 

determine that the Bristol Area 

(comprising the portion of Sullivan 

County bounded by a 1.25 kilometer 

radius surrounding the Universal 

Transverse Mercator (UTM) coordinates 

4042923 meters E, 386267 meters N, 

Zone 17, which surrounds the Exide 

Technologies Facility) has attaining data 

for the 2008 lead NAAQS. This clean 

data determination is based upon 

quality assured, quality controlled and 

certified ambient air monitoring data 

that shows the Area has monitored 

attainment of the 2008 lead NAAQS 

based on the 2009–2011 data. While still 

preliminary, the available 2012 

monitoring data also monitored 

attainment for the 2008 lead NAAQS. 

Other specific requirements of the 

clean data determination and the 

rationale for EPA’s action are explained 

in the Notice of Proposed Rulemaking 

(NPR) published on June 14, 2012 (77 

FR 35652) and will not be restated here. 

The comment period closed on July 16, 

2012. No comments, adverse or 

otherwise, were received in response to 

the NPR. 

II. What is the effect of this action? 

This final action suspends the 

requirements for this Area to submit an 

attainment demonstration, associated 

RACM, RFP plan, and contingency 

measures for failure to meet RFP and 

attainment deadlines so long as this 

Area continues to meet the 2008 lead 

NAAQS. Finalizing this action does not 

constitute a redesignation of the Bristol 

Area to attainment for the 2008 lead 

NAAQS under section 107(d)(3) of the 

Clean Air Act (CAA). Further, finalizing 

this action does not involve approving 

a maintenance plan for the Area as 

required under section 175A of the 

CAA, nor does it involve a 

determination that the Area has met all 

requirements for a redesignation. 

III. What is EPA’s final action? 

EPA is taking final action to 

determine that the Bristol Area has 

attaining data for the 2008 lead NAAQS. 

This clean data determination is based 

upon quality assured, quality 

controlled, and certified ambient air 

monitoring data showing that this Area 

has monitored attainment of the 2008 

lead NAAQS during the period 2009– 

2011. This final action suspends the 

requirements for this Area to submit an 

attainment demonstration, associated 

RACM, RFP plans, and contingency 

measures for failure to meet RFP and 

attainment deadlines so long as this 

Area continues to meet the 2008 lead 

NAAQS. EPA is taking this final action 

because it is in accordance with the 

CAA and EPA policy and guidance. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action makes the 

determination based on air quality data, 

and suspends certain federal 

requirements. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

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Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations 52233 

Act (5 U.S.C. 601, et seq.). Because this 

rule makes a determination based on air 

quality data and suspends certain 

federal requirements, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it only 

proposes to make a determination based 

on air quality data and suspend certain 

federal requirements, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the CAA. This rule also is not subject 

to Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it proposes to 

determine that air quality in the affected 

area is meeting federal standards. The 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply because it would 

be inconsistent with applicable law for 

EPA, when determining the attainment 

status of an area, to use voluntary 

consensus standards in place of 

promulgated air quality standards and 

monitoring procedures that otherwise 

satisfy the provisions of the CAA. This 

rule does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501, et seq.). Under 

Executive Order 12898, EPA finds that 

this rule involves a proposed 

determination of attainment based on 

air quality data and will not have 

disproportionately high and adverse 

human health or environmental effects 

on any communities in the area, 

including minority and low-income. 

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 October 29, 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, 

pertaining to the determination of 

attaining data for the 2008 lead standard 

for the Bristol Area, 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, Lead, Reporting and 

recordkeeping requirements. 

Dated: August 13, 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 RR—Tennessee 

■ 2. Amend § 52.2236 by designating 

the existing undesignated paragraph as 

paragraph (a), and adding paragraph (b) 

to read as follows: 

§ 52.2236 Control strategy; lead. 

(a) * * * 

(b) Determination of attaining data. 

EPA has determined the Bristol, 

Tennessee, nonattainment area has 

attaining data for the 2008 lead (Pb) 

NAAQS. This clean data determination 

suspends the requirements for this area 

to submit an attainment demonstration, 

associated reasonably available control 

measures, a reasonable further progress 

plan, contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 2008 Pb NAAQS. 

[FR Doc. 2012–21246 Filed 8–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R02–OAR–2012–0032, FRL–9714–5] 

Approval and Promulgation of 

Implementation Plans and Operating 

Permits Program; Commonwealth of 

Puerto Rico; Administrative Changes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the Puerto Rico Regulations for the 

Control of Atmospheric Pollution, 

submitted to EPA by the Puerto Rico 

Environmental Quality Board on July 

13, 2011. This action approves revisions 

to Rules 102, 111, 115, 116 and 

Appendix A. EPA is also approving a 

revision to Rule 609 as part of Puerto 

Rico’s Title V Operating Program. 

Generally the revisions to the 

regulations involve administrative 

changes which improve the clarity of 

the rules contained in the 

Commonwealth’s Implementation Plan 

and Operating Permits Program. They 

do not change the emission limitations 

nor add significant new requirements. 

DATES: Effective Date: This rule will be 

effective on September 28, 2012. 

ADDRESSES: EPA has established a 

docket for this action under the Federal 

Docket Management System (FDMS) 

which replaces the Regional Materials 

in EDOCKET (RME) docket system. The 

new FDMS is located at 

www.regulations.gov and the docket ID 

for this action is EPA–R02–OAR–2012– 

0032. All documents in the docket are 

listed in the FDMS index. Publicly 

available docket materials are available 

either electronically in FDMS or in hard 

copy at the Environmental Protection 

Agency, Region 2 Office, Air Programs 

Branch, 290 Broadway, 25th Floor, New 

York, New York 10007–1866. Copies of 

the documents relevant to this action 

are also available for public inspection 

during normal business hours, by 

appointment at the Air and Radiation 

Docket and Information Center, 

Environmental Protection Agency, 

Room 3334, 1301 Constitution Avenue 

NW., Washington, DC; and the Puerto 

Rico Environmental Quality Board, Cruz 

A. Matos Environmental Agencies 

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