5706 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: January 27, 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 II—North Carolina 

■ 2. Section 52.1770(e), is amended by 

adding a new entry ‘‘North Carolina 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards’’ at the end of the table to 

read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date 

Federal Register citation 

*******

North Carolina 110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality Standards.

12/12/2007 2/6/2012 [Insert citation of publication]. 

■ 3. Section 52.1773 is added to read as 

follows: 

§ 52.1773 Conditional approval. 

Conditional Approval—Submittal 

from the State of North Carolina, 

through the Department of Environment 

and Natural Resources (NC DENR), 

Division of Air Quality, dated December 

12, 2007, to address the Clean Air Act 

(CAA) infrastructure requirements for 

the 1997 ozone National Ambient Air 

Quality Standards. On January 11, 2012, 

NC DENR supplemented their December 

12, 2007, submission with a 

commitment to address the 

requirements of CAA section 

110(a)(2)(E)(ii) of the CAA which 

requires state compliance with section 

128 of the CAA. EPA is conditionally 

approving North Carolina’s submittal 

with respect to CAA section 

110(a)(2)(E)(ii). 

[FR Doc. 2012–2602 Filed 2–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0351–201203; FRL– 

9627–7] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the State Implementation Plan 

(SIP) submission, submitted by the State 

of Georgia, through the Georgia 

Department of Natural Resources, 

Environmental Protection Division 

(EPD), as demonstrating that the State 

meets the state implementation plan 

(SIP) requirements of sections 110(a)(1) 

and (2) of the Clean Air Act (CAA or the 

Act) for the 1997 8-hour ozone national 

ambient air quality standards (NAAQS). 

Section 110(a) of the CAA requires that 

each state adopt and submit a SIP for 

the implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by the EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. Georgia certified 

that the Georgia SIP contains provisions 

that ensure the 1997 8-hour ozone 

NAAQS is implemented, enforced, and 

maintained in Georgia (hereafter 

referred to as ‘‘infrastructure 

submission’’). Georgia’s infrastructure 

submission, provided to EPA on 

December 13, 2007, and clarified in a 

subsequent submission submitted on 

September 9, 2008, addresses all the 

required infrastructure elements for the 

1997 8-hour ozone NAAQS. 

DATES: Effective Date: This rule will be 

effective March 7, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2011–0351. All documents in the docket 

are listed on the http:// 

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. Publicly available docket 

materials are available either 

electronically through http:// 

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: 

Nacosta C. Ward, 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. The 

telephone number is (404) 562–9140. 

Ms. Ward can be reached via electronic 

mail at ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 


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1Two elements identified in section 110(a)(2) are 

not governed by the three year submission deadline 

of section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within three years after promulgation of a new 

or revised NAAQS, but rather are due at the time 

the nonattainment area plan requirements are due 

pursuant to section 172. These requirements are: (1) 

Submissions required by section 110(a)(2)(C) to the 

extent that subsection refers to a permit program as 

required in part D Title I of the CAA, and (2) 

submissions required by section 110(a)(2)(I) which 

pertain to the nonattainment planning requirements 

of part D, Title I of the CAA. Today’s final 

rulemaking does not address infrastructure 

elements related to section 110(a)(2)(I) but does 

provide detail on how Georgia’s SIP addresses 

110(a)(2)(C). 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

3Today’s final rule does not address element 

110(a)(2)(D)(i) (Interstate Transport) for the 1997 8- 

hour ozone NAAQS. Interstate transport 

requirements were formerly addressed by Georgia 

consistent with the Clean Air Interstate Rule 

(CAIR). On December 23, 2008, CAIR was remanded 

by the DC Circuit Court of Appeals, without 

vacatur, back to EPA. See North Carolina v. EPA, 

531 F.3d 896 (DC Cir. 2008). Prior to this remand, 

EPA took final action to approve Georgia’s SIP 

revision, which was submitted to comply with 

CAIR. See 72 FR 57202 (October 9, 2007). In 

response to the remand of CAIR, EPA has recently 

finalized a new rule to address the interstate 

transport of NOx and SOx in the eastern United 

States. See 76 Fed. Reg. 48208 (August 8, 2011) 

(‘‘the Transport Rule’’). This rule was recently 

stayed by the DC Circuit Court of Appeals. EPA’s 

action on element 110(a)(2)(D)(i) will be addressed 

in a separate action. 

4This requirement was inadvertently omitted 

from EPA’s October 2, 2007, memorandum entitled 

‘‘Guidance on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8-Hour Ozone 

and PM2.5 National Ambient Air Quality 

Standards,’’ but as mentioned above is not relevant 

to today’s final rulemaking. 

modeling to assure attainment and 

maintenance for that new NAAQS. On 

July 18, 1997, EPA promulgated a new 

NAAQS for ozone based on 8-hour 

average concentrations, thus states were 

required to provide submissions to 

address sections 110(a)(1) and (2) of the 

CAA for this new NAAQS. Georgia 

provided its infrastructure submission 

for the 1997 8-hour ozone NAAQS on 

December 13, 2007, and clarified it in a 

subsequent submission submitted on 

September 9, 2008. On March 27, 2008, 

Georgia was among other states that 

received a finding of failure to submit 

because its infrastructure submission 

was deemed incomplete for element 

110(a)(2)(G) for the 1997 8-hour ozone 

NAAQS by March 1, 2008. See 73 FR 

16205. The September 9, 2008, 

submission clarified that Georgia has 

the authority to implement emergency 

powers for the 8-hour ozone standard 

and that EPA has approved these 

provisions in the SIP. EPA has 

determined that Georgia’s federallyapproved SIP includes provisions which 

provide the State with the authority to 

implement emergency powers for the 8- 

hour ozone standard and thus 

determined that Georgia has satisfied 

the requirements for 110(a)(2)(G). On 

December 5, 2011, EPA proposed to 

approve Georgia’s December 13, 2007, 

and September 9, 2008, infrastructure 

submission and supplement for the 

1997 8-hour ozone NAAQS. See 76 FR 

75849. A summary of the background 

for today’s final action is provided 

below. See EPA’s December 5, 2011, 

proposed rulemaking at 76 FR 75849 for 

more detail. 

Section 110(a) of the CAA requires 

states to submit SIPs to provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within three years following 

the promulgation of such NAAQS, or 

within such shorter period as EPA may 

prescribe. Section 110(a) imposes the 

obligation upon states to make a SIP 

submission to EPA for a new or revised 

NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the SIP for a new or revised 

NAAQS affects the content of the 

submission. The contents of such SIP 

submissions may also vary depending 

upon what provisions the state’s 

existing SIP already contains. In the 

case of the 1997 8-hour ozone NAAQS, 

states typically have met the basic 

program elements required in section 

110(a)(2) through earlier SIP 

submissions in connection with 

previous ozone NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for ‘‘infrastructure’’ SIP 

requirements related to a newly 

established or revised NAAQS. As 

already mentioned, these requirements 

include SIP infrastructure elements 

such as modeling, monitoring, and 

emissions inventories that are designed 

to assure attainment and maintenance of 

the NAAQS. The requirements that are 

the subject of this final rulemaking are 

listed below 1 and in EPA’s October 2, 

2007, memorandum entitled ‘‘Guidance 

on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8- 

Hour Ozone and PM2.5 National 

Ambient Air Quality Standards.’’ 

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 

• 110(a)(2)(C): Program for 

enforcement of control measures.2

• 110(a)(2)(D): Interstate transport.3

• 110(a)(2)(E): Adequate resources. 

• 110(a)(2)(F): Stationary source 

monitoring system. 

• 110(a)(2)(G): Emergency power. 

• 110(a)(2)(H): Future SIP revisions. 

• 110(a)(2)(I): Areas designated 

nonattainment and meet the applicable 

requirements of part D.4

• 110(a)(2)(J): Consultation with 

government officials; public 

notification; and PSD and visibility 

protection. 

• 110(a)(2)(K): Air quality modeling/ 

data. 

• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

II. This Action 

EPA is taking final action to approve 

Georgia’s infrastructure submission as 

demonstrating that the State meets the 

applicable requirements of sections 

110(a)(1) and (2) of the CAA for the 

1997 8-hour ozone NAAQS. Section 

110(a) of the CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by the EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. Georgia, through 

EPD, certified that the Georgia SIP 

contains provisions that ensure the 1997 

8-hour ozone NAAQS is implemented, 

enforced, and maintained in Georgia. 

Additionally, EPA received no adverse 

comments on its December 5, 2011, 

proposed approval of Georgia’s 

December 13, 2007, infrastructure 

submission. 

Georgia’s infrastructure submission, 

provided to EPA on December 13, 2007, 

and clarified in a subsequent 

submission submitted on September 9, 

2008, addressed all the required 

infrastructure elements for the 1997 8- 

hour ozone NAAQS. EPA has 

determined that Georgia’s December 13, 

2007, and September 9, 2008 

submissions are consistent with section 

110 of the CAA. 

III. Final Action 

As already described, EPD has 

addressed the elements of the CAA 

110(a)(1) and (2) SIP requirements 

pursuant to EPA’s October 2, 2007, 

guidance to ensure that the 1997 8-hour 

ozone NAAQS are implemented, 

enforced, and maintained in Georgia. 

EPA is taking final action to approve 

Georgia’s December 13, 2007, and 

September 9, 2008, submissions for the 

1997 8-hour ozone NAAQS because 

these submissions are consistent with 

section 110 of the CAA. 


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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.); 

• 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 April 6, 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: January 27, 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 L—Georgia 

■ 2. Section 52.570(e) is amended by 

adding and reserving entry 29, and 

adding a new entry 30, to read as 

follows: 

§ 52.570 Identification of plan. 

* * * * * 

(e) EPA-Approved Georgia nonregulatory provisions 

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval date 

*******

30. 110(a)(1) and (2) Infrastructure Requirements for 

the 1997 8-Hour Ozone National Ambient Air Quality 

Standards.

Georgia ............................... 10/13/2007 2/6/2012 [Insert citation of publication]. 

[FR Doc. 2012–2605 Filed 2–3–12; 8:45 am] 

BILLING CODE 6560–50–P 


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ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0733; FRL–9501–5] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on September 12, 2011 and 

concern volatile organic compound 

(VOC) emissions from polyester resin 

operations. We are approving a local 

rule that regulates these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on March 7, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2011–0733 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: 

Andrew Steckel, EPA Region IX, (415) 

974–4115, steckel.andrew@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 September 12, 2011 (76 FR 56132), 

EPA proposed to approve the following 

rule into the California SIP. 

Local agency Rule No. Rule title Amended Submitted 

SJVUAPCD ...................................... 4684 Polyester Resin Operations .......................................... 08/18/11 08/26/11 

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. 

Our proposed approval of Rule 4684 

responded to a July 22, 2011 request 

from the State to parallel process a 

version of the Rule proposed for local 

adoption on August 18, 2011. On 

August 26, 2011, CARB submitted to 

EPA the version of Rule 4684 that was 

adopted locally on August 18, 2011. We 

have reviewed this version, and it is 

unchanged from the version we 

proposed for approval on September 12, 

2011. 

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 that 

change our assessment that the 

submitted rule complies with the 

relevant CAA requirements. 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, 


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