62452 Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Rules and Regulations 

therefore, no sanctions will be triggered. 

This final action triggers the 

requirement under section 110(c) that 

EPA promulgate a Federal 

Implementation Plan (FIP) no later than 

2 years from the date of the disapproval 

unless the State corrects the deficiency, 

and the Administrator approves the 

plan or plan revision before the 

Administrator promulgates such FIP. 

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 final action 

disapproves state law because it does 

not meet federal requirements. 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 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 14, 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. 

Dated: September 27, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart B—Alabama 

■ 2. Section 52.62 is amended by adding 

paragraph (e), to read as follows: 

§ 52.62 Control strategy: Sulfur oxides and 

particulate matter. 

* * * * * 

(e) Disapproval. EPA is disapproving 

portions of Alabama’s Infrastructure SIP 

for the 1997 annual and 2006 24-hour 

PM2.5 NAAQS addressing section 

110(a)(2)(E)(ii) that requires the State to 

comply with section 128 of the CAA. 

[FR Doc. 2012–25149 Filed 10–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR part 52 

[EPA–R09–OAR–2012–0244; FRL–9713–4] 

Approval and Promulgation of 

Implementation Plans; State of 

Arizona; Prevention of Air Pollution 

Emergency Episodes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Arizona to 

address the requirements regarding air 

pollution emergency episodes in Clean 

Air Act (CAA or Act). 

DATES: This final rule is effective on 

November 14, 2012. 

ADDRESSES: EPA has established a 

docket for this action, identified by 

Docket ID Number EPA–R09–OAR– 

2012–0244. The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California 94105– 

3901. While all documents in the docket 

are listed in the index, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material), and some may 

not be publicly available in either 

location (e.g., confidential business 

information). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed directly 

below. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Buss, Air Planning Office (AIR– 

2), U.S. Environmental Protection 

Agency, Region IX, (415) 947–4152, 

buss.jeffrey@epa.gov. 


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Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Rules and Regulations 62453 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

On April 12, 2012 (77 FR 21911), EPA 

proposed to approve a SIP revision 

submitted by the State of Arizona to 

address the requirements regarding air 

pollution emergency episodes in CAA 

section 110(a)(2)(G). Section 

110(a)(2)(G) requires that each SIP 

provide for authority comparable to that 

in section 303 of the Act (‘‘Emergency 

Powers’’) and adequate contingency 

plans to implement such authority. EPA 

proposed to approve Arizona’s SIP 

revision as meeting the authority and 

contingency plans for the 1997 8-hour 

ozone National Ambient Air Quality 

Standard (NAAQS). 

The rationale supporting EPA’s 

action, including the scope of 

infrastructure SIPs in general, is 

explained in the Notice of Proposed 

Rulemaking (NPR) and in the technical 

support document (TSD) for that action 

and will not be restated here. The TSD 

is available online at http:// 

www.regulations.gov, Docket ID number 

EPA–R09–OAR–2012–0244. No public 

comments were received on the NPR. 

II. Final Action 

EPA is approving Arizona’s SIP 

revision as meeting the authority and 

contingency plans for the 1997 8-hour 

ozone National Ambient Air Quality 

Standards (NAAQS or standards). 

The Arizona Emergency Episode Plan 

is substantively identical to the CAA 

section 110(a)(2)(G) rule currently 

approved into Arizona’s SIP (R9–3–219, 

‘‘Air pollution emergency episodes’’), 

which EPA approved in 1982 (47 FR 

42572, September 28, 1982), with one 

exception which makes it more 

stringent than the SIP program. We 

determine that our approval of this 

submittal would comply with CAA 

section 110(l), because the SIP revision 

would not interfere with the ongoing 

process for ensuring that requirements 

for reasonable further progress (RFP) 

and attainment of the NAAQS are met, 

and the submitted SIP revision is more 

stringent than the rule previously 

approved into the SIP. We also 

determine that our approval of the 

submittal would comply with CAA 

section 193, to the extent it applies, 

because the SIP revision would ensure 

equivalent or greater emission 

reductions of ozone precursors 

compared to the SIP-approved rule. 

Therefore, EPA is removing the 

superseded Rule R9–3–219 from the SIP 

and approving Rule R18–2–220 and the 

‘‘Procedures for Prevention of 

Emergency Episodes,’’ into the SIP. 

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 

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 December 14, 

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, 

Oxides of nitrogen, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 26, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, 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. 


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62454 Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Rules and Regulations 

Subpart D—Arizona 

■ 2. Section 52.120 is amended by 

adding paragraphs (c)(54)(i)(F) and 

(c)(151) to read as follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(54) * * * 

(i) * * * 

* * * * * 

(F) Previously approved on September 

28, 1982, in paragraph (54)(i)(C), and 

now deleted without replacement: R9– 

3–219. 

* * * * * 

(151) The following plan revisions 

were submitted on August 15, 1994 by 

the Governor’s designee. 

(i) Incorporation by reference. 

(A) Arizona Department of 

Environmental Quality. 

(1) Rule R18–2–220, Air pollution 

emergency episodes, Department of 

Environmental Quality-Air Pollution 

Control, amended effective September 

26, 1990. 

(2) A letter from Eric C. Massey, 

Director, Air Quality, Arizona 

Department of Environmental Quality, 

to Jared Blumenfeld, Regional 

Administrator, US EPA, dated August 

30, 2012, certifying that the attached 

copy of a document titled ‘‘Procedures 

for Prevention of Emergency Episodes: 

1988 Edition’’ is a true and correct copy 

of the original and is an official 

publication of the Arizona Department 

of Environmental Quality. 

(3) ‘‘Procedures for Prevention of 

Emergency Episodes,’’ 1988 edition, 

Arizona Department of Environmental 

Quality. 

[FR Doc. 2012–25022 Filed 10–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2008–0177; FRL–9740–9] 

Approval and Promulgation of 

Implementation Plans; Portion of York 

County, South Carolina Within 

Charlotte-Gastonia-Rock Hill, North 

Carolina-South Carolina 1997 8-Hour 

Ozone Nonattainment Area; 

Reasonable Further Progress Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve two state 

implementation plan (SIP) revisions, 

submitted by the South Carolina 

Department of Health and 

Environmental Control (SC DHEC), on 

August 31, 2007, and April 29, 2010, to 

address the reasonable further progress 

(RFP) plan requirements for the 1997 8- 

hour ozone national ambient air quality 

standards (NAAQS) for the portion of 

York County, South Carolina that is 

within the bi-state Charlotte-GastoniaRock Hill 1997 8-hour ozone 

nonattainment area. The CharlotteGastonia-Rock Hill, North CarolinaSouth Carolina 1997 8-hour ozone 

nonattainment area (hereafter referred to 

as the ‘‘bi-state Charlotte Area’’) is 

comprised of Cabarrus, Gaston, Lincoln, 

Mecklenburg, Rowan, Union and a 

portion of Iredell (Davidson and Coddle 

Creek Townships) Counties in North 

Carolina; and a portion of York County 

in South Carolina (hereafter referred to 

as ‘‘the York County Area’’). EPA is also 

providing the status of its adequacy 

determination for the motor vehicle 

emissions budgets (MVEB) for volatile 

organic compounds (VOC) that were 

included in South Carolina’s RFP plan. 

Further, EPA is approving these MVEB. 

These actions are being taken pursuant 

to section 110 of the Clean Air Act (CAA 

or Act). EPA will take action on North 

Carolina’s RFP plan for its portion of the 

bi-state Charlotte Area, in a separate 

action. 

DATES: This direct final rule is effective 

December 14, 2012 without further 

notice, unless EPA receives adverse 

comment by November 14, 2012. If EPA 

receives such comments, it will publish 

a timely withdrawal of the direct final 

rule in the Federal Register and inform 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number, ‘‘EPA– 

R04–OAR–2008–0177,’’ by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-RDS@epa.gov. 

3. Fax: 404–562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2008– 

0177,’’ 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. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, 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. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

federal holidays. 

Instructions: Direct your comments to 

Docket ID Number, ‘‘EPA–R04–OAR– 

2008–0177.’’ EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. 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 in 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., 


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