30216 Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations 

[FR Doc. 2012–12289 Filed 5–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2009–0696; FRL–9673–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Maine; 

Reasonably Available Control 

Technology (RACT) for the 1997 

8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving several 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Maine Department of Environmental 

Protection. These SIP revisions consist 

of a demonstration that Maine meets the 

requirements of reasonably available 

control technology (RACT) for oxides of 

nitrogen (NOX) and volatile organic 

compounds (VOCs) set forth by the 

Clean Air Act (CAA) with respect to the 

1997 8-hour ozone standard as well as 

several new and revised VOC 

regulations. The intended effect of this 

action is to approve Maine’s RACT 

demonstration for satisfying the State’s 

RACT SIP revision obligation as of 

September 15, 2006, and to approve 

Maine’s other submitted SIP regulations. 

This action is being taken in accordance 

with the CAA. 

DATES: Effective Date: This rule is 

effective on June 21, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2009–0696. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., CBI 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 at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact 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 a.m. to 

4:30 p.m., excluding legal holidays. 

Copies of the documents relevant to 

this action are also available for public 

inspection during normal business 

hours, by appointment at the State Air 

Agency: Bureau of Air Quality Control, 

Department of Environmental 

Protection, First Floor of the Tyson 

Building, Augusta Mental Health 

Institute Complex, Augusta, ME 04333– 

0017. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Garcia, Air Quality Planning Unit, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square—Suite 100, (Mail 

Code: OEP05–02), Boston, MA 02109– 

3912, telephone number (617) 918– 

1660, fax number (617) 918–0660, email 

garcia.ariel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

The following outline is provided to 

aid in locating information in this 

preamble. 

I. Background and Purpose 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

On March 15, 2012 (77 FR 15329), 

EPA published a Notice of Proposed 

Rulemaking (NPR) for the State of 

Maine. The NPR proposed approval of 

Maine’s RACT demonstration for 

satisfying the State’s RACT SIP revision 

obligation as of September 15, 2006 and 

proposed approval of Maine’s five other 

submitted SIP regulations aimed at 

reducing VOC emissions. Amongst 

Maine’s other submitted SIP regulations 

are two amended regulations and one 

newly adopted regulation, covering a 

total of four of the 11 Control 

Techniques Guidelines (CTGs) issued 

since 2006. The state must still address 

the remaining seven CTGs. 

A detailed explanation of the 

applicable NOX and VOC RACT CAA 

requirements with respect to the 1997 8- 

hour ozone standard, as well as EPA’s 

analysis of Maine’s RACT SIP submittal 

and Maine’s other VOC regulations were 

provided in the NPR and will not be 

restated here. No public comments were 

received on the NPR. 

II. Final Action 

EPA is approving Maine’s RACT 

demonstration as meeting the state’s SIP 

revision obligation as of September 15, 

2006 with respect to the 1997 8-hour 

ozone standard. EPA is also approving 

and incorporating into the Maine SIP an 

amendment (A–459–71–D–A, also 

referred to as ‘‘Amendment #2’’) of the 

Air Emission License A–459–72–B–R 

issued to the McCain Foods USA, Inc., 

Tatermeal facility. 

In addition, EPA is also approving the 

following Maine regulations and 

incorporating them into the Maine SIP: 

Revised Chapter 131, Cutback Asphalt 

and Emulsified Asphalt Regulation; 

revised Chapter 123, Control of Volatile 

Organic Compounds from Paper, Film 

and Foil Coating Operations; revised 

Chapter 129, Surface Coating Facilities; 

revised Chapter 152, Control of Volatile 

Organic Compounds from Consumer 

Products; and newly adopted Chapter 

161, Graphic Arts—Lithography and 

Letterpress Printing. 

III. 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 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations 30217 

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, 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 

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 July 23, 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 CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 8, 2012. 

Ira W. Leighton, 

Acting Regional Administrator, EPA 

Region 1. 

Part 52 of 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 U—Maine 

■ 2. Section 52.1020 is amended by: 

■ a. Amending the table in paragraph (c) 

entitled ‘‘EPA-Approved Maine 

Regulations’’ by revising entries for 

Chapters 123, 129, 131, and 152, and 

adding a new entry in numerical order 

for Chapter 161. 

■ b. Amending the table in paragraph 

(d) entitled ‘‘EPA-Approved Maine 

Source Specific Requirements’’ by 

adding a new entry at the end of the 

table for McCain Foods. 

■ c. Amending the table in paragraph (e) 

entitled ‘‘Maine Non Regulatory’’ by 

adding a new entry at the end of the 

table for Reasonably Available Control 

Technology Demonstration (RACT). 

The revisions and additions read as 

follows: 

§ 52.1020 Identification of plan. 

* * * * * 

(c) EPA approved regulations. 


sroberts on DSK5SPTVN1PROD with RULES
30218 Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations 

EPA-APPROVED MAINE REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

Chapter 123 .................................. Control of Volatile Organic Compounds from Paper, Film, and 

Foil Coating Operations.

05/18/2010 05/22/2012 [Insert Federal Register page number where the 

document begins]. 

*******

Chapter 129 .................................. Surface Coating Facilities ........... 04/16/2011 05/22/2012 [Insert Federal Register page number where the 

document begins]. 

*******

Chapter 131 .................................. Cutback Asphalt and Emulsified 

Asphalt.

09/15/2009 05/22/2012 [Insert Federal Register page number where the 

document begins]. 

*******

Chapter 152 .................................. Control of Volatile Organic Compounds from Consumer Products.12/15/2007 05/22/2012 [Insert Federal Register page number where the 

document begins]. 

*******

Chapter 161 .................................. Graphic Arts—Offset Lithography 

and Letterpress Printing.

04/06/2010 05/22/2012 [Insert Federal Register page number where the 

document begins]. 

*******

(d) EPA-approved State Source 

specific requirements. 

EPA-APPROVED MAINE SOURCE SPECIFIC REQUIREMENTS

Name of source Permit No. State effective 

date EPA approval date Explanations 

*******

McCain Foods USA, Inc., 

Tatermeal Facility.

Amendment #2 of Air Emission 

License A–459–72–B–R.

03/19/2003 05/22/2012 [Insert Federal Register page number where the 

document begins]. 

(e) Nonregulatory. 

MAINE NON REGULATORY

Name of non regulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State submittal date/effective 

date EPA-approved date Explanations 

*******

Reasonably Available Control 

Technology Demonstration 

(RACT) for the 1997 8-hour 

Ozone National Ambient 

Air Quality Standard.

Statewide .............................. Submitted 08/27/2009 ........... 05/22/2012 [Insert Federal 

Register page number 

where the document begins]. 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations 30219 

[FR Doc. 2012–12226 Filed 5–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2012–0003; Internal 

Agency Docket No. FEMA–B–1253] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Deputy Associate Administrator for 

Mitigation reconsider the changes. The 

modified BFEs may be changed during 

the 90-day period. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or new scientific or technical 

data. 

The modifications are made pursuant 

to section 201 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own or 

pursuant to policies established by other 

Federal, State, or regional entities. The 

changes in BFEs are in accordance with 

44 CFR 65.4. 

National Environmental Policy Act. 

This interim rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This 

interim rule is not a significant 

regulatory action under the criteria of 

section 3(f) of Executive Order 12866 of 

September 30, 1993, Regulatory 

Planning and Review, 58 FR 51735. 

Executive Order 13132, Federalism. 

This interim rule involves no policies 

that have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This interim rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 65 

Flood insurance, Floodplains, 

Reporting and recordkeeping 

requirements. 

Accordingly, 44 CFR part 65 is 

amended to read as follows: 

PART 65—[AMENDED] 

■ 1. The authority citation for part 65 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows: 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Florida: Sumter ........ Unincorporated 

areas of Sumter 

County (11–04– 

4816P).

September 22, 2011; September 29, 2011; The Sumter County Times.The Honorable Don Burgess, Chairman, 

Sumter County Board of Commissioners, 7375 Powell Road, Wildwood, 

FL 34785.

January 27, 2011 ........... 120296 

Georgia: Bryan ........ City of Richmond 

Hill, (11–04– 

4401P).

December 7, 2011; December 

14, 2011; The Bryan County 

News.

The Honorable E. Harold Fowler,Mayor, 

City of Richmond Hill, 40 Richard Davis 

Drive, Richmond Hill, GA 31324.

November 29, 2011 ........ 130018 


sroberts on DSK5SPTVN1PROD with RULES