Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Rules and Regulations 66405 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0470; FRL–9740–2] 

Revisions to the Arizona State 

Implementation Plan, Arizona 

Department of Environmental Quality 

and Maricopa County Air Quality 

Department 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the Arizona Department of 

Environmental Quality (ADEQ) and 

Maricopa County Air Quality 

Department (MCAQD) portions of the 

Arizona State Implementation Plan 

(SIP). This action was proposed in the 

Federal Register on June 27, 2012 and 

concerns regulations that require 

monitoring and reporting of volatile 

organic compounds (VOC), oxides of 

nitrogen (NOX), and particulate matter 

(PM) emissions from stationary sources. 

We are approving local rules that 

regulate these emission sources under 

the Clean Air Act (CAA or the Act). We 

are not acting on two Pima County 

Department of Environmental Quality 

(PCDEQ) rules originally listed in our 

June 27, 2012 proposed action because 

official copies of these rules with public 

process documentation were not 

submitted for SIP approval. 

DATES: These rules will be effective on 

December 5, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0470 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: 

Rynda Kay, EPA Region IX, (415) 947– 

4118, Kay.Rynda@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 

EPA proposed to approve the 

following rules into the Arizona SIP in 

the Federal Register at 77 FR 38246, 

June 27, 2012. 

Local agency Rule No. Rule title 

ADEQ ................................................................ 18–2–313 ......................................................... Existing Source Emission Monitoring. 

ADEQ ................................................................ 18–2–327 ......................................................... Annual Emissions Inventory Questionnaire. 

MCAQD ............................................................ 100, Section 500 .............................................. Monitoring and Records. 

PCDEQ ............................................................. 17.12.040 ......................................................... Reporting Requirements. 

PCDEQ ............................................................. 17.24.040 ......................................................... Reporting for Compliance Evaluations. 

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. Our proposed 

approval of these rules responded to a 

June 1, 2012 request from the State to 

parallel process versions of these rules. 

Our proposal explained that the above 

rules had not previously been submitted 

to us or had been adopted locally but 

had not been adopted specifically for 

purposes of approval into the federally 

enforceable SIP under CAA section 110. 

On August 24, 2012, ADEQ submitted 

to EPA the versions of ADEQ 18–2–313 

and 18–2–327 that were adopted locally 

on February 15, 2001 and December 7, 

1995 respectively. On June 19, 2012, 

ADEQ submitted to EPA the version of 

Maricopa Rule 100, Section 500 that 

was adopted locally on March 15, 2006. 

On September 5, 2012, EPA determined 

that the submittal for ADEQ Rules 18– 

2–313 and 18–2–327, and MCAQD Rule 

100, Section 500 met the completeness 

criteria in 40 CFR part 51 Appendix V, 

which must be met before formal EPA 

review. We have reviewed these 

versions of the rules, and they are 

unchanged from the versions we 

proposed for approval on June 27, 2012. 

On June 27, 2012, we also proposed 

approval of PCDEQ Rules 17.12.040 and 

17.24.040 contingent upon EPA’s 

receipt of fully adopted rules that satisfy 

state and local procedural requirements 

for SIP submittals. PCDEQ Rule 

17.12.040 was not submitted to EPA and 

while PCDEQ Rule 17.24.040 was 

submitted on August 24, 2012, it did not 

include evidence of public notice as 

required by 40 CFR part 51 Appendix V. 

As such, we are not finalizing our action 

on these rules at this time. If these rules 

are subsequently submitted to EPA, we 

may finalize their approval in a future 

rulemaking contingent upon the rules 

being substantially identical to the rules 

in our June 27, 2012 proposed action, 

and that the adopted rules satisfy 

relevant requirements for SIP 

submittals. 

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 Maricopa Rule 100, Section 

500, ADEQ Rule 18–2–313 and ADEQ 

Rule 18–2–327 into the Arizona 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 

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66406 Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Rules and Regulations 

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 January 4, 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, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 14, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Therefore, 40 CFR chapter I 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 D—Arizona 

■ 2. Section 52.120 is amended by 

adding paragraph (c)(152) to read as 

follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(152) The following plan was 

submitted August 24, 2012, by the 

Governor’s designee. 

(i) Incorporated by reference. 

(A) Arizona Department of 

Environmental Quality. 

(1) Arizona Administrative Code, title 

18, chapter 2, article 3 (Permits and 

Permit Revisions): 

(i) Section R18–2–313 (‘‘Existing 

Source Emission Monitoring’’), effective 

on February 15, 2001. 

(ii) Section R18–2–327, (‘‘Annual 

Emissions Inventory Questionnaire’’), 

effective on December 7, 1995. 

(B) Maricopa County Air Quality 

Department. 

(1) Rule 100, Section 500, 

‘‘Monitoring and Records,’’ revised on 

March 15, 2006. 

* * * * * 

[FR Doc. 2012–26684 Filed 11–2–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 21 

[FWS–HQ–MB–2012–0084; 91200–1231– 

9BPP] 

RIN 1018–AZ16 

Migratory Bird Permits; Delegating 

Falconry Permitting Authority to Seven 

States 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: The States of Alaska, Arizona, 

Kansas, Kentucky, Massachusetts, New 

Hampshire, and North Dakota have 

requested that we delegate permitting 

for falconry to the State, as provided 

under our regulations. We have 

reviewed regulations and supporting 

materials provided by these States, and 

have concluded that their regulations 

comply with the Federal regulations. 

We change the falconry regulations 

accordingly. 

DATES: This rule is effective January 1, 

2013. 

FOR FURTHER INFORMATION CONTACT: Dr. 

George T. Allen, 703–358–1825. 

SUPPLEMENTARY INFORMATION: 

Background 

We, the U.S. Fish and Wildlife 

Service, published a final rule in the 

Federal Register on October 8, 2008 (73 

FR 59448), to revise our regulations 

governing falconry in the United States. 

These regulations are found in title 50 

of the Code of Federal Regulations (CFR) 

at § 21.29. The regulations provide that 

when a State meets the requirements for 

operating under the regulations, 

falconry permitting must be delegated to 

the State. 

The States of Alaska, Arizona, Kansas, 

Kentucky, Massachusetts, New 

Hampshire, and North Dakota have 

submitted revised falconry regulations 

and supporting materials and have 

requested to be allowed to operate 

under the revised Federal regulations. 

We have reviewed the regulations 

administered by these States and have 

determined that their regulations meet 

the requirements of 50 CFR 21.29(b). 

According to the regulations at 

§ 21.29(b)(4), we must issue a rule to 

add a State to the list at § 21.29(b)(10) 

of approved States with a falconry 

program. Therefore, we change the 

Federal regulations accordingly, and a 

Federal permit will no longer be 

required to practice falconry in the 

States of Alaska, Arizona, Kansas, 

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