Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations 71111 

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 28, 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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 30, 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. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(416) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(416) Specified portions of the 

following rule were submitted on 

November 18, 2011 by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) San Joaquin Valley Unified Air 

Pollution Control District (SJVUAPCD). 

(1) The following specified portions of 

SJVUAPCD Rule 4694, Wine 

Fermentation and Storage Tanks, 

adopted December 15, 2005: 

(i) Section 1.0 (Purpose), except for 

the words ‘‘fermentation and’’ and ‘‘or 

achieve equivalent reductions from 

alternative emission sources’’; 

(ii) Section 2.0 (Applicability), except 

for the words ‘‘fermenting wine and/or’’; 

(iii) Section 3.0 (Definitions), 

paragraphs 3.1—Air Pollution Control 

Officer (APCO), 3.2—Air Resources 

Board (ARB or CARB), 3.18—Gas Leak, 

3.19—Gas-Tight, 3.21—Must, 3.22— 

Operator, 3.27—Storage Tank, 3.29— 

Tank, 3.33—Volatile Organic 

Compound (VOC), 3.35—Wine, and 

3.36—Winery; 

(iv) Section 4.0 (Exemptions), 

paragraph 4.2; 

(v) Section 5.0 (Requirements), 

paragraph 5.2—Storage Tanks; and 

(vi) Section 6.0 (Administrative 

Requirements), paragraph 6.4— 

Monitoring and Recordkeeping, 

introductory text and paragraph 6.4.2. 

(ii) Additional materials. 

(A) California Air Resources Board 

(CARB) 

(1) CARB Executive Order S–11–024, 

November 18, 2011, adopting specified 

portions of SJVUAPCD Rule 4694 as a 

revision to the SIP. 

(B) San Joaquin Valley Unified Air 

Pollution Control District (SJVUAPCD) 

(1) SJVUAPCD Resolution No. 11–08– 

20, August 18, 2011, adopting specified 

portions of SJVUAPCD Rule 4694 as a 

revision to the SIP. 

[FR Doc. 2012–28826 Filed 11–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0935, FRL–9755–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Florida; Regional Haze State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is finalizing a full 

approval of the Best Available Retrofit 

Technology (BART) determinations 

addressed in the Agency’s May 25, 

2012, proposed rulemaking action on a 

regional haze state implementation plan 

(SIP) submitted by the State of Florida, 

through the Florida Department of 

Environmental Protection (FDEP). These 

BART determinations were submitted to 

the EPA in a draft regional haze SIP on 

April 13, 2012, for parallel processing, 

and re-submitted in final form on 

September 17, 2012. Specifically, the 

portion of Florida’s September 17, 2012, 

regional haze SIP that is being acted 

upon in this final action addresses some 

of the requirements of the Clean Air Act 

(CAA or Act) and the EPA’s rules that 

require states to prevent any future and 

remedy any existing anthropogenic 

impairment of visibility in mandatory 

Class I areas (national parks and 

wilderness areas) caused by emissions 

of air pollutants from numerous sources 

located over a wide geographic area 

(also referred to as the ‘‘regional haze 

program’’). States are required to assure 

reasonable progress toward the national 

goal of achieving natural visibility 

conditions in Class I areas. The EPA 

will take separate action at a later date 

to address the remainder of Florida’s 

September 17, 2012, regional haze SIP. 

DATES: Effective Date: This rule will be 

effective December 31, 2012. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2010–0935. 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., 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 

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. The EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

for further information. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Michele Notarianni, 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. Ms. 

Notarianni may be reached by phone at 

(404) 562–9031, or via electronic mail at 

notarianni.michele@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for this final 

action? 


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1 In a separate action published on December 30, 

2011 (76 FR 88219), the EPA proposed a limited 

disapproval of the Florida regional haze SIP, and on 

June 7, 2012 (77 FR 33642), the EPA finalized a 

limited disapproval of the regional haze SIPs for 

several states, but deferred final action on the 

Florida regional haze SIP. The EPA will address 

this limited disapproval when it completes action 

on the remainder of Florida’s September 17, 2012, 

regional haze SIP. 

2The facilities addressed in the July 31, 2012, 

proposed amendment for reasonable progress are: 

City of Gainesville Deerhaven unit 5; Florida Power 

& Light (FP&L) Manatee units 1, 2; FP&L Turkey 

Point units 1, 2; Gulf Power Company Crist unit 7; 

Lakeland Electric C.D. McIntosh unit 3; JEA 

Northside/St. Johns River Power Park (SJRPP) units 

3, 16, 17; Progress Energy Anclote units 1, 2; 

Progress Energy Crystal River units 1, 2, 3, 4; and 

Seminole Electric Cooperative units 1, 2. The 

facilities addressed in the July 31, 2012, proposed 

amendment for BART are: City of Tallahassee— 

Arvah B.Hopkins Generating Station (unit 1); 

Progress Energy Anclote Power Plant (units 1, 2); 

Progress Energy Crystal River Power Plant (units 1, 

2); FP&L Manatee Power Plant (units 1, 2); FP&L 

Martin Power Plant (units 1, 2); FP&L Turkey Point 

Power Plant (units 1, 2); Gulf Power Company Crist 

Electric Generating Plant (units 6, 7); Gulf Power 

Company Lansing Smith Plant (units 1, 2); JEA 

Northside SJRPP (unit 3); Lakeland Electric C.D. 

McIntosh, Jr. Power Plant (units 1, 2); and Reliant 

Energy Indian River (units 2, 3). 

3The EPA proposed approval of FDEP’s April 13, 

2012, draft regional haze SIP contingent upon 

Florida providing the EPA a final regional haze SIP 

that was not changed significantly from the April 

13, 2012, draft regional haze SIP. Florida provided 

its final regional haze SIP on September 17, 2012. 

There were no substantive changes made to the 

final submittal for these facilities. 

II. What is the action the EPA is taking? 

III. What are the EPA’s responses to 

comments received on this action? 

IV. What is the effect of this final action? 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. What is the background for this final 

action? 

Regional haze is visibility impairment 

that is produced by a multitude of 

sources and activities which are located 

across a broad geographic area and emit 

fine particles (e.g., sulfates, nitrates, 

organic carbon, elemental carbon, and 

soil dust), and their precursors (e.g., 

sulfur dioxide (SO2), nitrogen oxides 

(NOX), and in some cases, ammonia 

(NH3) and volatile organic compounds 

(VOC)). Fine particle precursors react in 

the atmosphere to form fine particulate 

matter (PM2.5) which impairs visibility 

by scattering and absorbing light. 

Visibility impairment reduces the 

clarity, color, and visible distance that 

one can see. PM2.5 can also cause 

serious health effects and mortality in 

humans and contributes to 

environmental effects such as acid 

deposition and eutrophication. 

In section 169A of the 1977 

Amendments to the CAA, Congress 

created a program for protecting 

visibility in the nation’s national parks 

and wilderness areas. This section of the 

CAA establishes as a national goal the 

‘‘prevention of any future, and the 

remedying of any existing, impairment 

of visibility in mandatory Class I areas 

which impairment results from 

manmade air pollution.’’ On December 

2, 1980, the EPA promulgated 

regulations to address visibility 

impairment in Class I areas that is 

‘‘reasonably attributable’’ to a single 

source or small group of sources, i.e., 

‘‘reasonably attributable visibility 

impairment.’’ See 45 FR 80084. These 

regulations represented the first phase 

in addressing visibility impairment. The 

EPA deferred action on regional haze 

that emanates from a variety of sources 

until monitoring, modeling, and 

scientific knowledge about the 

relationships between pollutants and 

visibility impairment were improved. 

Congress added section 169B to the 

CAA in 1990 to address regional haze 

issues. The EPA promulgated a rule to 

address regional haze on July 1, 1999 

(64 FR 35713), the Regional Haze Rule 

(RHR). The RHR revised the existing 

visibility regulations to integrate into 

the regulation provisions addressing 

regional haze impairment and 

established a comprehensive visibility 

protection program for Class I areas. The 

requirements for regional haze, found at 

40 CFR 51.308 and 51.309, are included 

in the EPA’s visibility protection 

regulations at 40 CFR 51.300–309. The 

requirement to submit a regional haze 

SIP applies to all 50 states, the District 

of Columbia, and the Virgin Islands. 40 

CFR 51.308(b) requires states to submit 

the first implementation plan 

addressing regional haze visibility 

impairment no later than December 17, 

2007. 

On March 19, 2010, and August 31, 

2010, FDEP submitted and subsequently 

amended a SIP to address regional haze 

due to emissions from sources in the 

State’s and other states’ Class I areas. On 

May 25, 2012, the EPA published an 

action proposing a limited approval of 

Florida’s regional haze SIP to address 

the first implementation period.1 See 

77 FR 31240. The EPA’s May 25, 2012, 

proposed rulemaking covered Florida’s 

March 19, 2010, and August 31, 2010, 

regional haze SIP submittals as well as 

the State’s April 13, 2012, draft regional 

haze SIP that was submitted for parallel 

processing, and subsequently resubmitted in final form on September 

17, 2012. In a draft regional haze SIP 

provided on July 31, 2012, Florida 

addressed 18 reasonable progress units 

and 11 facilities with BART-eligible 

electric generating units (EGUs) subject 

to the Clean Air Interstate Rule (CAIR) 

(a total of 20 EGUs) that were not 

covered by Florida’s April 13, 2012, 

draft regional haze SIP.2 It also amended 

the SIP to remove Florida’s reliance on 

CAIR to satisfy BART and reasonable 

progress requirements for the State’s 

affected EGUs. 

Florida’s September 17, 2012, final 

regional haze SIP consolidated its draft 

April 13, 2012, and July 31, 2012, 

regional haze SIP submittals into a 

single package. The EPA has not yet 

proposed action on Florida’s July 31, 

2012, draft regional haze SIP as 

finalized on September 17, 2012. 

Because of the interdependence 

between the various elements of 

Florida’s regional haze SIP, the EPA has 

elected to: (1) Take final action on the 

BART determinations addressed in the 

May 25, 2012, proposed action; and (2) 

defer final action on the remaining 

elements of the SIP addressed in the 

Agency’s May 25, 2012, proposed action 

until it has taken action on the BART 

and reasonable progress determinations 

for the facilities included in Florida’s 

draft July 31, 2012, regional haze SIP. 

As such, today’s final action fully 

approves all of the BART 

determinations addressed in the EPA’s 

May 25, 2012, proposed action. The 

EPA will propose action on the 

remaining facilities addressed in 

Florida’s July 31, 2012, draft regional 

haze SIP (as finalized in the September 

17, 2012, final regional haze SIP) and 

take final action on the entire remaining 

elements of Florida’s regional haze plan 

in actions subsequent to today’s final 

rulemaking. 

II. What is the action the EPA is taking? 

The EPA is finalizing a full approval 

of the BART determinations addressed 

in the Agency’s May 25, 2012, proposed 

rulemaking action on a draft regional 

haze SIP submitted by the State of 

Florida on April 13, 2012, to the EPA for 

parallel processing. Florida re-submitted 

this draft regional haze SIP in final form 

on September 17, 2012.3

Specifically, the BART 

determinations addressed by this action 

are: Tampa Electric Company—Big 

Bend Station (Units 1, 2, 3); City of 

Tallahassee—Purdom Generating 

Station (Unit 7); FP&L—Port Everglades 

Power Plant (Units 3, 4); CEMEX; White 

Springs Agricultural Chemical—SR/SC 

Complex; City of Gainesville— 

Deerhaven Generating Station (Unit 3); 

City of Vero Beach—City of Vero Beach 

Municipal Utilities (Units 2, 3, 4); 

FP&L—Putnam Power Plant (Units 3, 4, 

5, 6, 7, 8, 9, 10); Lake Worth Utilities— 

Tom G. Smith (Units 6, 9); City of 

Tallahassee—Arvah B. Hopkins 


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Generating Station (Unit 4); FP&L— 

Riviera Power Plant (Unit 4); Florida 

Power Corp.—Bartow Plant (Unit 3); 

Lakeland Electric—Charles Larsen 

Memorial Power Plant (Unit 4); Ft. 

Pierce Utilities Authority—H D King 

Power Plant (Units 7, 8); FP&L—Cape 

Canaveral Power Plant (Units 1, 2); 

Atlantic Sugar Association—Atlantic 

Sugar Mill; Buckeye Florida—Perry; 

ExxonMobil Production—St. Regis 

Treating Facility and Jay Gas Plant; IFF 

Chemical Holdings, Inc.; IMC 

Phosphates Company—South Pierce; 

International Paper Company— 

Pensacola Mill; Mosaic—Bartow; 

Mosaic—Green Bay Plant; Osceola 

Farms; Sugar Cane Growers Co-Op; U.S. 

Sugar Corp.—Clewiston Mill and 

Refinery; Solutia Inc., Sterling Fibers, 

Inc.; U.S. Sugar Corp.—Bryant Mill; IMC 

Phosphates Company—Port Sutton 

Terminal; Georgia Pacific-Palatka; 

Smurfit-Stone-Fernandina Beach; 

Smurfit-Stone–Panama City; MosaicNew Wales; Mosaic-Riverview; and CF 

Industries. 

On May 25, 2012, the EPA proposed 

a limited approval of the March 19, 

2010, August 31, 2010, and draft April 

13, 2012, regional haze SIP submittals to 

implement the regional haze 

requirements for Florida on the basis 

that these submissions, as a whole, 

strengthen the Florida SIP. In today’s 

action, the EPA has elected to finalize 

approval of only those BART 

determinations identified above and to 

defer final action on the remaining 

elements of the regional haze SIP 

addressed in the Agency’s May 25, 

2012, proposed action. The EPA will 

take final action on those remaining 

elements once it has taken action on the 

BART and reasonable progress 

determinations for the facilities 

included in Florida’s July 31, 2012, draft 

regional haze SIP as incorporated into 

its September 17, 2012, final regional 

haze SIP. 

The EPA received adverse comments 

on its May 25, 2012, proposed action on 

Florida’s regional haze SIP. See section 

III of this rulemaking for a summary of 

the comments received on the EPA’s 

May 25, 2012, proposed action that 

relate to the BART determinations being 

acted upon today and the Agency’s 

responses to these comments. Detailed 

background information and the EPA’s 

rationale for the proposed action is 

provided in the EPA’s May 25, 2012, 

proposed rulemaking. See 77 FR 31240. 

The EPA’s May 25, 2012, proposed 

action was contingent upon Florida 

providing a final regional haze SIP that 

was substantively the same as the draft 

proposed for approval by the EPA in the 

proposed rulemaking. See 77 FR 31242. 

Florida provided its final regional haze 

SIP on September 17, 2012. While there 

are minor differences between the 

provisions covered by the April 13, 

2012, draft regional haze SIP and those 

same provisions addressed in the final 

September 17, 2012, regional haze SIP, 

the EPA has determined that these 

differences do not warrant re-proposal 

of this action. 

III. What are the EPA’s responses to 

comments received on this action? 

The EPA received two sets of 

comments on its May 25, 2012, 

proposed rulemaking on Florida’s 

regional haze SIP described above. 

Specifically, the comments were 

received from the Sierra Club and 

National Parks Conservation 

Association (collectively) and from the 

Florida Electric Power Coordinating 

Group Environment Committee. Full 

sets of the comments provided by all of 

the aforementioned entities (hereinafter 

referred to as ‘‘the Commenter’’) are 

provided in the docket for today’s final 

action. A summary of the comment that 

relates to the approvability of the BART 

determinations subject to today’s final 

action and the EPA’s response is 

provided below. The remaining 

comments will be addressed in a 

subsequent final action on the 

remaining elements of Florida’s regional 

haze SIP. 

Comment 1: The Commenter believes 

that the EPA must clarify its proposed 

decisions on Florida’s BART 

determinations. The Commenter notes 

that the proposal ‘‘includes BART 

proposals for the five sources listed in 

Table 8 as ‘Facilities With Unit(s) With 

a Complete BART Analysis,’ ’’ but it 

does not believe that the EPA clearly 

states that it is proposing to approve or 

disapprove the State’s BART disposition 

for each of these sources. If the EPA is 

approving them, the Commenter states 

that it must include them as part of the 

enforceable conditions of the regional 

haze SIP. 

Response 1: The EPA specifically 

addressed each of the proposed BART 

determinations for the five sources 

identified by the Commenter in five 

subsections under the portion of the 

notice addressing BART (section V.C.6), 

and in a subsection entitled ‘‘EPA 

Assessment’’ (section V.C.6.vi), stated 

that ‘‘EPA proposes to agree with 

Florida’s analyses and conclusions for 

the five BART-subject sources described 

above. The EPA has reviewed the State’s 

analyses and believes that they were 

conducted in a manner that is consistent 

with the EPA’s BART Guidelines and 

the EPA’s Air Pollution Control Cost 

Manual (http://www.epa.gov/ttncatc1/ 

products.html#cccinfo).’’ This is a clear 

statement of the EPA’s intent to approve 

these BART determinations. Regarding 

the emissions limits and conditions for 

these five BART determinations that 

were adopted by Florida and have been 

incorporated into the facilities’ federally 

enforceable title V operating permits, 

the EPA has incorporated these limits 

and conditions into the SIP in 40 CFR 

52.520 as part of this final action. 

IV. What is the effect of this final 

action? 

The EPA is finalizing a full approval 

of the BART determinations addressed 

in the Agency’s May 25, 2012, proposed 

rulemaking action on a draft regional 

haze SIP submitted by the State of 

Florida on April 13, 2012, to the EPA for 

parallel processing. Florida submitted 

this draft regional haze SIP in final form 

on September 17, 2012. The EPA is 

taking this approach because these 

BART determinations meet the regional 

haze requirements of the CAA and RHR 

and because Florida’s SIP will be 

stronger and more protective of the 

environment with the implementation 

of these measures. The EPA has elected 

to defer final action on the remaining 

elements of the regional haze SIP 

addressed in the Agency’s May 25, 

2012, proposed action because of the 

interdependence between the various 

elements of Florida’s regional haze SIP. 

The EPA will take final action on the 

remaining elements once it has taken 

action on the BART and reasonable 

progress determinations for the facilities 

included in Florida’s July 31, 2012, draft 

regional haze SIP, as incorporated into 

its September 17, 2012, final regional 

haze SIP. As mentioned above, Florida’s 

September 17, 2012, regional haze SIP 

addresses 18 reasonable progress units 

and 11 facilities with BART-eligible 

EGUs subject to CAIR (a total of 20 

EGUs) that were not covered by 

Florida’s April 13, 2012, draft regional 

haze SIP. The EPA will also take action 

at a later date to address the Agency’s 

December 30, 2011, proposed limited 

disapproval of the Florida regional haze 

plan. 

V. Final Action 

The EPA is finalizing a full approval 

of the BART determinations addressed 

in the Agency’s May 25, 2012, proposed 

rulemaking action on a draft regional 

haze SIP submitted by the State of 

Florida on April 13, 2012, to the EPA for 

parallel processing. Florida re-submitted 

this regional haze SIP in final form on 

September 17, 2012. Specifically, this 

action addresses only the 

aforementioned BART determinations 

included in the draft regional haze SIP 


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submitted to the EPA for parallel 

processing on April 13, 2012 (as resubmitted in final form on September 

17, 2012), as meeting some of the 

applicable regional haze requirements 

as set forth in sections 169A and 169B 

of the CAA and in 40 CFR 51.300–308. 

VI. 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, the 

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 the 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 the 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. The 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 January 28, 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, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 15, 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 K—Florida 

■ 2. Section 52.520(e) is amended by 

adding a new entry for ‘‘Portion of 

Regional Haze Plan Amendment 

submitted on September 17, 2012’’ at 

the end of the table to read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision State effective date EPA approval 

date Federal Register notice Explanation 

*******

Portion of Regional Haze Plan 

Amendment submitted on 

September 17, 2012.

September 17, 2012 .............. 11–29–12 [Insert citation of publication] Only the BART determinations approved in [Insert citation of publication] are incorporated. 

[FR Doc. 2012–28824 Filed 11–28–12; 8:45 am] 

BILLING CODE 6560–50–P 


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Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations 71115 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0797; FRL–9755–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Allegheny County 

Incorporation by Reference of 

Pennsylvania’s Consumer Products 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Pennsylvania State Implementation Plan 

(SIP) submitted by the Pennsylvania 

Department of Environmental Protection 

(PADEP). The SIP revision adds Section 

2105.88—Consumer Products from 

Allegheny County Health Department 

(ACHD) Rules and Regulations, Article 

XXI, Air Pollution Control to 

incorporate by reference 25 Pa. Code 

sections 130.201–130.471 (Consumer 

Products) of the PADEP Air Pollution 

Control Act. EPA is approving these 

revisions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on January 

28, 2013 without further notice, unless 

EPA receives adverse written comment 

by December 31, 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– 

R03–OAR–2012–0797 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0797, 

Donna Mastro, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0797. 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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. 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. 

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 during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Allegheny County 

Health Department, Bureau of 

Environmental Quality, Division of Air 

Quality, 301 39th Street, Pittsburgh, 

Pennsylvania 15201. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 25, 2012, PADEP submitted 

to EPA a revision to the Allegheny 

County portion of the Pennsylvania SIP. 

The SIP revision seeks to add Section 

2105.88—Consumer Products from 

ACHD’s Rules and Regulations, Article 

XXI, Air Pollution Control to 

incorporate by reference 25 Pa. Code 

sections 130.201–130.471 (Consumer 

Products) of PADEP’s Air Pollution 

Control Act. This regulation controls the 

volatile organic compound (VOC) 

content of consumer products for sale in 

the Commonwealth of Pennsylvania in 

order to reduce VOC levels. 

On December 8, 2004 (69 FR 70895), 

EPA approved into the Pennsylvania 

SIP 25 Pa. Code Chapter 130, 

Subchapter B, that included VOC 

content limits for consumer products. 

On October 18, 2010 (75 FR 63717), EPA 

approved a revision to the Pennsylvania 

SIP that amended 25 Pa. Code Chapter 

130, Subchapter B in order to add and 

revise VOC content limits of consumer 

products. In addition, the approved SIP 

revision added and amended definitions 

in order to provide clarity. ACHD is 

incorporating by reference the same 

provisions in 25 Pa. Code sections 

130.201–130.471 in order to regulate 

consumer products in Allegheny 

County. Further details of the 

Commonwealth of Pennsylvania’s 

regulation for consumer products can be 

found in Docket ID No. EPA–R03–OAR– 

2010–0319 at www.regulations.gov. 

II. Summary of SIP Revision 

The Pennsylvania SIP revision adds 

section 2105.88 from ACHD Rules and 

Regulations, Article XXI, Air Pollution 

Control to incorporate by reference 

Pennsylvania’s regulation for consumer 

products promulgated under the Air 

Pollution Control Act at 25 Pa. Code 

sections 130.201–130.471. The 

incorporation by reference provides that 

section 2105.88 shall be applied 

consistent with the provisions of 

Pennsylvania’s regulation for consumer 

products. Any additions, revisions, or 

deletions to the consumer products 

regulation by Pennsylvania shall be 

incorporated into section 2105.88 and 

are effective on the date established by 

Pennsylvania regulations. The addition 

of section 2105.88 to ACHD Rules and 

Regulations provides ACHD the 

authority to request information on VOC 

levels in consumer products that are 

listed in 25 Pa. Code sections 130.201– 

130.471 for sale in Allegheny County to 

ensure that products do not exceed 

accepted VOC levels, establishes that all 

information on consumer products 

sought under section 2105.88 shall be 


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