11750 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 30, 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference. 

40 CFR Part 70 

Environmental protection, Air 

pollution control, Operating permits. 

Dated: February 9, 2012. 

Karl Brooks, 

Regional Administrator, Region 7. 

Chapter I, title 40 of the Code of 

Federal Regulations 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 AA—Missouri 

■ 2. In § 52.1320 the table in paragraph 

(c) is amended by revising the title, ‘‘St. 

Louis City Ordinance 65645’’ to read as 

follows. 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective date 

EPA approval 

date Explanation 

Missouri Department of Natural Resources 

*******

St. Louis City Ordinance 68657 

*******

* * * * * 

PART 70—[AMENDED] 

■ 3. The authority citation for Part 70 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

Appendix A—[Amended] 

■ 4. Appendix A to Part 70, Missouri, is 

amended by redesignating existing 

paragraph (v) as new paragraph (z) and 

by adding a new paragraph (v) to read 

as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Missouri 

* * * * * 

(v) The Missouri Department of Natural 

Resources submitted revisions to Missouri 

rule 10 CSR 10–6.110, ‘‘Submission of 

Emission Data, Emission Fees, and Process 

Information’’ on December 21, 2007; 

approval of section (3)(D) effective November 

14, 2008. 

* * * * * 

[FR Doc. 2012–4476 Filed 2–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 281 

[EPA–R10–UST–2011–0896; FRL 9640–1] 

Idaho: Final Approval of State 

Underground Storage Tank Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final determination. 

SUMMARY: The State of Idaho has 

applied for final approval of its 

underground storage tank program for 

petroleum and hazardous substances 

under subtitle I of the Resource 

Conservation and Recovery Act (RCRA). 

The United States Environmental 

Protection Agency (EPA) has reviewed 

the State of Idaho’s application and has 

made a final determination that the 

State of Idaho’s underground storage 

tank program for petroleum and 

hazardous substances satisfies all of the 

requirements necessary to qualify for 

final approval. Thus, EPA is granting 

final approval to the State of Idaho to 

operate its underground storage tank 

program for petroleum and hazardous 

substances. 

DATES: Effective Date: Final approval for 

the State of Idaho shall be effective on 

February 28, 2012. 

FOR FURTHER INFORMATION CONTACT: Erik 

Sirs, U.S. Environmental Protection 

Agency, Region 10, 1435 North Orchard, 

Boise, ID 83706, phone number: (208) 

378–5762, email: sirs.erik@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 9004 of the Resource 

Conservation and Recovery Act (RCRA), 

42 U.S.C. 6991c, authorizes EPA to 

approve underground storage tank 

programs to operate in the State in lieu 

of the federal underground storage tank 

(UST) program. To qualify for final 

approval, a state’s program must be ‘‘no 

less stringent’’ than the federal program 

in all eight elements set forth at section 

9004(a)(1) through (7) and (9) of RCRA, 

42 U.S.C. 6991c(a)(1) through (7) and 

(9); include the notification 

requirements of RCRA section 

9004(a)(8) and provide for adequate 

enforcement of compliance with UST 

standards (section 9004(a) of RCRA, 42 

U.S.C. 6991c(a)). Note that the Energy 

Policy Act of 2005 added state-specific 

operator training requirements as a state 

program approval element in section 

9004(a)(9). Although, EPA has not yet 

established performance criteria in 40 

CFR part 281 for making a no-lessstringent determination for the operator 

training element, EPA finds Idaho’s 

operator training requirements to be 

consistent with Operator Training Grant 


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Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 11751 

Guidelines issued by EPA in 2007 and 

approves Idaho’s operator training 

requirements in today’s approval. Also, 

note that RCRA sections 9005 (on 

information-gathering) and 9006 (on 

Federal enforcement) by their terms 

apply even in states with programs 

approved by EPA under RCRA section 

9004. Thus, the Agency retains its 

authority under RCRA sections 9005 

and 9006, 42 U.S.C. 6991d and 6991e, 

and other applicable statutory and 

regulatory provisions to undertake 

inspections and enforcement actions in 

approved states. With respect to such an 

enforcement action, the Agency will 

rely on Federal sanctions, Federal 

inspection authorities, and Federal 

procedures rather than the State 

authorized analogues to these 

provisions. 

On July 21, 2010, the State of Idaho 

submitted an official application to 

obtain final program approval to 

administer the underground storage 

tank program for petroleum and 

hazardous substances. On December 8, 

2011, EPA published a tentative 

determination announcing its intent to 

approve the State of Idaho’s program. 

Further background on the tentative 

decision to grant approval appears in 

the Federal Register at 76 FR 76684 

(December 8, 2011). 

Along with the tentative 

determination, EPA announced the 

availability of the application for public 

review and comment and the date of a 

public hearing on the application. EPA 

advertised and held a public hearing on 

December 19, 2011. No comments were 

received at the public hearing. No 

public comments were received 

regarding EPA’s tentative approval of 

Idaho’s underground storage tank 

program. 

II. Final Decision 

I conclude that the State of Idaho’s 

application for program approval meets 

all of the statutory and regulatory 

requirements established by subtitle I of 

RCRA and 40 CFR part 281. 

Accordingly, Idaho is granted final 

approval to operate its underground 

storage tank program for petroleum and 

hazardous substances in lieu of the 

federal underground storage tank 

program. Idaho has primary 

enforcement responsibility for 

petroleum and hazardous underground 

storage tanks, although EPA retains the 

right to conduct enforcement actions for 

all regulated underground storage tanks 

under section 9006 of RCRA. This 

approval is subject to the terms and 

conditions set forth in the State’s 

application for approval (including, but 

not limited to, the Memorandum of 

Agreement) and in the December 8, 

2011 Federal Register Idaho: Tentative 

Approval of State Underground Storage 

Tank Program. This final determination 

to approve the Idaho program applies to 

all areas within the State except for land 

in Indian Country. This includes all 

lands within the exterior boundaries of 

the Shoshone-Bannock Tribes (Fort Hall 

Reservation), Shoshone-Paiute Tribe 

(Duck Valley Reservation), Nez Perce 

Reservation, Coeur d’Alene Reservation, 

Kootenai Reservation; any land held in 

trust by the United States for an Indian 

tribe, and any other lands that are 

Indian Country within the meaning of 

18 U.S.C. 1151. 

III. Statutory and Executive Order (EO) 

Review 

This rule only applies to Idaho’s UST 

Program requirements pursuant to 

RCRA section 9004 and imposes no 

requirements other than those imposed 

by State law. It complies with 

applicable EOs and statutory provisions 

as follows: 

A. Executive Order 12866 

The Office of Management and Budget 

(OMB) has exempted this rule from its 

review under Executive Order 12866. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq., because this 

rule does not establish or modify any 

information or recordkeeping 

requirements for the regulated 

community and only seeks to authorize 

the pre-existing requirements under 

State law and imposes no additional 

requirements beyond those imposed by 

State law. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing, and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. An Agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in Title 40 of the CFR 

are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires Federal agencies to 

prepare a regulatory flexibility analysis 

of any rule subject to notice and 

comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. For 

purposes of assessing the impacts of 

today’s rule on small entities, small 

entity is defined as: (1) A small business 

defined by the Small Business 

Administration’s size regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district, or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. I certify that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities because the 

rule will only have the effect of 

authorizing pre-existing requirements 

under State law and imposes no 

additional requirements beyond those 

imposed by State law. 

D. Unfunded Mandates Reform Act 

This rule does not have any impacts 

as described in the Unfunded Mandates 

Reform Act because this rule codifies 

pre-existing requirements under State 

law and does not impose any additional 

enforceable duty beyond that required 

by State law. It does not contain any 

unfunded mandates or significantly or 

uniquely effects small governments. 

E. Executive Order 13132: Federalism 

This rule does not have Federalism 

implications. It will 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 various levels of 

government, as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999). This rule authorizes pre-existing 

State rules. Thus, Executive Order 

13132 does not apply to this rule. 


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11752 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (59 FR 

22951, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This rule does not have 

tribal implications, as specified in 

Executive Order 13175 because EPA 

retains its authority over Indian 

Country. Thus, Executive Order 13175 

does not apply to this rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it 

approves a state program. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a ‘‘significant regulatory action’’ as 

defined under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272), directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus bodies. The 

NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This rulemaking 

does not involve technical standards. 

Therefore, EPA is not considering the 

use of any voluntary consensus 

standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

has determined that this rule will not 

have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations. This rule does not affect 

the level of protection provided to 

human health or the environment 

because this rule authorizes pre-existing 

State rules which are no less stringent 

than existing Federal requirements. 

K. Submission to Congress and the 

General Accounting Office 

Under 5 U.S.C. 801(a)(1)(A) as added 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996, EPA 

submitted a report containing this rule 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives and the Comptroller 

General of the General Accounting 

Office prior to publication of the rule in 

today’s Federal Register. This rule is 

not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

List of Subjects in 40 CFR Part 281 

Environmental protection, 

administrative practice and procedure, 

hazardous materials, state program 

approval, and underground storage 

tanks. 

Authority: This document is issued under 

the authority of section 9004 of the Resource 

Conservation and Recovery Act, 42 U.S.C. 

6991c. 

Dated: February 14, 2012. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2012–4657 Filed 2–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 401 

[USCG–2011–0328] 

RIN 1625–AB70 

2012 Rates for Pilotage on the Great 

Lakes 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is adjusting 

the rates for pilotage services on the 

Great Lakes, which were last amended 

in February 2011. The adjustments 

establish new base rates and are made 

in accordance with a required full 

ratemaking procedure. They result in an 

average decrease of approximately 2.62 

percent from the rates established in 

February 2011. This final rule promotes 

the Coast Guard’s strategic goal of 

maritime safety. 

DATES: This final rule is effective August 

1, 2012. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2011–0328 and are 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, inserting 

USCG–2011–0328 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Todd Haviland, Management 

& Program Analyst, Office of Great 

Lakes Pilotage, Commandant (CG–5522), 

Coast Guard; telephone 202–372–2037, 

email Todd.A.Haviland@uscg.mil, or fax 

202–372–1909. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Regulatory History 

III. Basis and Purpose 

IV. Background 

V. Discussion of Comments and Changes 

VI. Discussion of the Final Rule 

A. Summary 

B. Calculating the Rate Adjustment 


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