Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Rules and Regulations 64425 

1William T. Harnett, Director, Air Quality Policy 

Division, Office of Air Quality Planning and 

Standards. ‘‘Guidance on SIP Elements Required 

Under Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2.5 National Ambient Air Quality 

Standards.’’ Memorandum to EPA Air Division 

Directors, Regions I–X, October 2, 2007. 

(193) On June 20, 2012, Illinois 

submitted an Adjusted Standard for the 

Greif Packaging, LLC facility located at 

5 S 220 Frontenac Road in Naperville, 

DuPage County. This adjustment to the 

Standard at 35 Ill. Adm. Code 

218.986(a) for Greif’s fiber drum 

manufacturing facility replaces the 

VOM capture and control requirements 

in 35 Ill. Adm. Code 218.986(a) with the 

control requirements in the Illinois 

Pollution Control Board’s April 5, 2012 

Order. 

(i) Incorporation by reference. 

(A) April 5, 2012 Opinion and Order 

of the Illinois Pollution Control Board 

(AS 2011–01), effective April 5, 2012. 

[FR Doc. 2012–25819 Filed 10–19–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0883; FRL–9701–5] 

Approval and Promulgation of 

Implementation Plans; Alaska: 

Infrastructure Requirements for the 

1997 8-Hour Ozone National Ambient 

Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the State 

Implementation Plan (SIP) submittals 

from the State of Alaska to demonstrate 

that the SIP meets the requirements of 

section 110(a)(1) and (2) of the Clean Air 

Act (CAA) for the National Ambient Air 

Quality Standards (NAAQS) 

promulgated for ozone on July 18, 1997. 

EPA finds that the Alaska SIP meets the 

following 110(a)(2) infrastructure 

elements for the 1997 8-hour ozone 

NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M). EPA is 

concurrently approving a number of 

revisions to the Alaska SIP as a 

necessary condition to approving the 

110(a)(2) infrastructure elements for 

ozone. Specifically, EPA is approving 

revisions submitted by Alaska to update 

the SIP to include the ozone standard at 

an 8-hour averaging period, the 

associated federal method for measuring 

and monitoring ozone in ambient air, a 

general definition of ozone, federal 

Prevention of Significant Deterioration 

(PSD) program changes to regulate NOx 

as a precursor to ozone, and provisions 

to satisfy CAA section 128 conflict of 

interest disclosure requirements. 

DATES: This action is effective on 

November 21, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2011–0883. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information may not be 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 

EPA Region 10, Office of Air, Waste and 

Toxics (AWT–107), 1200 Sixth Avenue, 

Suite 900, Seattle, WA 98101. EPA 

requests that 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: 

Kristin Hall at telephone number: (206) 

553–6357, email address: 

hall.kristin@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

EPA. Information is organized as 

follows: 

Table of Contents 

I. Background 

II. Scope of Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997, EPA promulgated a 

new NAAQS for ozone. EPA revised the 

ozone NAAQS to provide an 8-hour 

averaging period which replaced the 

previous 1-hour averaging period, and 

the level of the NAAQS was changed 

from 0.12 parts per million (ppm) to 

0.08 ppm (62 FR 38856). The CAA 

requires SIPs meeting the requirements 

of sections 110(a)(1) and (2) be 

submitted by states within 3 years after 

promulgation of a new or revised 

standard. Sections 110(a)(1) and (2) 

require states to address basic SIP 

requirements, including emissions 

inventories, monitoring, and modeling 

to assure attainment and maintenance of 

the standards, so-called ‘‘infrastructure’’ 

requirements. To help states meet this 

statutory requirement for the 1997 8- 

hour ozone NAAQS, EPA issued 

guidance to address infrastructure SIP 

elements under section 110(a)(1) and 

(2).1 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 standards. The State of 

Alaska submitted a SIP to EPA on 

March 2, 2012, which, among other 

things, certified that Alaska’s SIP meets 

the infrastructure obligations for the 

1997 8-hour ozone NAAQS. The 

certification included an analysis of 

Alaska’s SIP as it relates to each section 

of the infrastructure requirements with 

regard to the 1997 8-hour ozone 

NAAQS. The State also submitted as 

part of the March 2, 2012, SIP submittal, 

existing state regulatory provisions to be 

approved into the Alaska SIP for 

purposes of meeting CAA section 128 

conflict of interest disclosure 

requirements. The state requested 

parallel processing of the March 2, 2012, 

submittal. Under this procedure, the 

state submits the SIP revision to EPA 

before final adoption by the state. EPA 

reviews this proposed state action and 

prepares a notice of proposed 

rulemaking. EPA publishes its notice of 

proposed rulemaking in the Federal 

Register and solicits public comment in 

approximately the same time frame 

during which the state is completing its 

rulemaking action. 

On March 22, 2012, EPA published a 

notice of proposed rulemaking (NPR) for 

the State of Alaska to act on the State’s 

infrastructure SIP for the 1997 8-hour 

ozone NAAQS (77 FR 16785). 

Specifically in the NPR, EPA proposed 

to approve Alaska’s SIP as meeting the 

requirements for the following 110(a)(2) 

infrastructure elements for the 1997 8- 

hour ozone NAAQS: (A), (B), (C), (D)(ii), 

(E), (F), (G), (H), (J), (K), (L), and (M). 

EPA also proposed to concurrently 

approve a number of revisions to the 

Alaska SIP as a necessary condition to 

approving the 110(a)(2) infrastructure 

elements for ozone. Specifically, EPA 

proposed to approve revisions 

submitted by Alaska on April 9, 2010, 

and November 19, 2010, to update the 

SIP to include the ozone standard at an 

8-hour averaging period, the associated 

federal method for measuring and 

monitoring ozone in ambient air, a 

general definition of ozone, and federal 

Prevention of Significant Deterioration 

(PSD) program changes to regulate NOX

as a precursor to ozone. EPA also 

proposed to concurrently approve the 


wreier-aviles on DSK5TPTVN1PROD with 
64426 Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Rules and Regulations 

state regulatory provisions submitted by 

Alaska as part of the March 2, 2012, SIP 

submittal to satisfy CAA section 128 

conflict of interest disclosure 

requirements. 

EPA provided a 30-day review and 

comment period on the NPR published 

March 22, 2012 (77 FR 16785). The 

public comment period for EPA’s NPR 

closed on April 23, 2012. EPA received 

no comments on the proposed action. 

While EPA was conducting its public 

notice and comment process, Alaska 

completed public review of the March 2, 

2012, SIP submittal at the state level, as 

provided for through the parallel 

processing procedures described above. 

Alaska subsequently completed its state 

adoption process and submitted a final 

SIP package to EPA on July 9, 2012. EPA 

has reviewed the July 9, 2012, final SIP 

submittal and we have concluded that 

the content of the final submittal is 

substantively identical to the provisions 

that were anticipated in EPA’s NPR 

published on March 22, 2012 (77 FR 

16785). Therefore, we are taking final 

action on our NPR. 

II. Scope of Action 

The SIP approval does not extend to 

sources or activities located in Indian 

Country, as defined in 18 U.S.C. 1151. 

EPA will continue to implement the 

CAA in Indian Country in Alaska 

because ADEC has not adequately 

demonstrated authority over sources 

and activities located within the exterior 

boundaries of the Annette Island 

Reserve and other areas of Indian 

Country in Alaska. 

III. Final Action 

EPA is taking final action to approve 

the July 9, 2012, SIP provisions 

identified in our March 22, 2012, 

proposal as adequate to demonstrate 

that the SIP meets the requirements of 

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

the NAAQS promulgated for ozone on 

July 18, 1997. EPA is approving the 

following section 110(a)(2) 

infrastructure elements for Alaska for 

the 1997 ozone NAAQS: (A), (B), (C), 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), (M). 

EPA is concurrently approving a 

number of revisions to the Alaska SIP as 

a necessary condition to approving the 

110(a)(2) infrastructure elements for 

ozone. Specifically, EPA is approving 

revisions submitted by Alaska on April 

9, 2010, and November 19, 2010, to 

update the Alaska SIP to include the 

ozone standard at an 8-hour averaging 

period, the associated federal method 

for measuring and monitoring ozone in 

ambient air, a general definition of 

ozone, and federal PSD program 

changes to regulate NOX as a precursor 

to ozone. EPA is also approving the 

Alaska state regulatory provisions 

submitted as part of the July 9, 2012, SIP 

submittal to satisfy CAA section 128 

conflict of interest disclosure 

requirements. 

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, 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 December 21, 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, and Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: July 23, 2012. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

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. 


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Rules and Regulations 64427 

Subpart C—Alaska 

■ 2. Section 52.70 is amended by adding 

paragraphs (c)(39) and (c)(40) to read as 

follows: 

§ 52.70 Identification of plan. 

* * * * * 

(c) * * * 

(39) On April 9, 2010, the Alaska 

Department of Environmental 

Conservation (ADEC) submitted a 

revision to the Alaska State 

Implementation Plan (SIP) to update the 

SIP to include the 2008 ozone standard 

at an 8-hour averaging period, the 

associated federal method for measuring 

and monitoring ozone in ambient air, 

and a general definition of ozone. 

(i) Incorporation by reference. (A) The 

following revised sections of Alaska 

Administrative Code Title 18: Chapter 

50, effective April 1, 2010: 

(1) Article 1, Ambient Air Quality 

Management: Rule 010 Ambient Air 

Quality Standards, the undesignated 

introductory text, and (4); Rule 035 

Documents, procedures, and methods 

adopted by reference, (b) the 

undesignated introductory text, and 

(b)(1), but only with respect to the 

incorporation by reference of 40 CFR 

part 50, Appendix P; 

(2) Article 2, Program Administration: 

Rule 215 Ambient Air Quality Analysis 

Methods, (a) introductory text, and 

(a)(2); 

(3) Article 9, General Provisions, Rule 

990 Definitions, (129). 

(40) On November 19, 2010, and July 

9, 2012, the Alaska Department of 

Environmental Conservation (ADEC) 

submitted revisions to the Alaska State 

Implementation Plan (SIP) to update the 

SIP to include federal Prevention of 

Significant Deterioration (PSD) program 

changes to regulate NOX as a precursor 

to ozone, and provisions to satisfy CAA 

section 128 conflict of interest 

disclosure requirements. 

(i) Incorporation by reference. (A) The 

following revised sections of Alaska 

Administrative Code Title 18, Chapter 

50, effective December 9, 2010: 

(1) Article 1, Ambient Air Quality 

Management: Rule 040 Federal 

standards adopted by reference, (h) the 

undesignated introductory text, only 

with respect to 40 CFR Part 52 and 

(h)(4), only with respect to the 

incorporation by reference date for 

‘‘significant’’ at 40 CFR 52.21(b)(23)(i); 

(2) Article 9, General Provisions, Rule 

990 Definitions, (52)(A), ‘‘major 

stationary source,’’ (53)(A), ‘‘major 

modification,’’ and (92), ‘‘regulated NSR 

pollutant.’’ 

(ii) Additional material. (A) The 

following sections of Alaska 

Administrative Code Title 2 and Title 9, 

effective February 20, 2005: 

(1) Title 2, Administration: Chapter 

50, Alaska Public Offices Commission: 

Conflict of Interest, Campaign 

Disclosure, Legislative Financial 

Disclosure, and Regulations of 

Lobbying; Article 1, Public Official 

Financial Disclosure (2 AAC 50.010–2 

AAC 50.200); 

(2) Title 9, Law: Chapter 52, Executive 

Branch Code of Ethics (9 AAC 52.010– 

9 AAC 52.990). 

■ 3. Section 52.96 is amended by 

revising paragraph (a) to read as follows: 

§ 52.96 Significant deterioration of air 

quality. 

(a) The State of Alaska Department of 

Environmental Conservation Air Quality 

Control Regulations as in effect on 

December 3, 2005 (specifically 18 AAC 

50.010 except (7) and (8); 50.015; 

50.020; 50.030(6) and (7); 50.035(a)(4) 

and (5); 50.040(h) except (17), (18), and 

(19); 50.215 except (a)(3); 50.250; 50.306 

except (b)(2) and (b)(3); 50.345 except 

(b), (c)(3) and (l); and 50.990 except (21) 

and (77)) are approved as meeting the 

requirements of part C for preventing 

significant deterioration of air quality. 

The following regulations as in effect on 

April 1, 2010, are also approved as 

meeting the requirements of part C for 

preventing significant deterioration of 

air quality: 18 AAC 50.010 (introductory 

paragraph); 18 AAC 50.010(4); 18 AAC 

50.035(b) (introductory paragraph); 18 

AAC 50.035(b)(1), only with respect to 

the incorporation by reference of 40 CFR 

part 50, Appendix P; 18 AAC 50.215(a) 

(introductory paragraph and (a)(2); and 

18 AAC 50.990(129). The following 

regulations as in effect on December 9, 

2010, are also approved as meeting the 

requirements of part C for preventing 

significant deterioration of air quality: 

18 AAC 50.040(h) (introductory 

paragraph) with respect to 40 CFR 

52.21, and (h)(4), only with respect to 

the incorporation by reference date for 

‘‘significant’’ at 40 CFR 52.21(b)(23)(i) 

and ‘‘subject to regulation’’ at 

52.21(b)(49) for the purpose of 

greenhouse gases only; and 18 AAC 

50.990 (52)(A), (53)(A), and (92). 

* * * * * 

■ 4. Section 52.98 is added to read as 

follows: 

§ 52.98 Section 110(a)(2) infrastructure 

requirements. 

On July 9, 2012, the Alaska 

Department of Environmental Quality 

submitted a certification to address the 

requirements of CAA Section 110(a)(1) 

and (2) for the 1997 8-hour ozone 

NAAQS. EPA approves the submittal as 

meeting the following 110(a)(2) 

infrastructure elements for the 1997 8- 

hour ozone NAAQS: (A), (B), (C), (D)(ii), 

(E), (F), (G), (H), (J), (K), (L), and (M). 

[FR Doc. 2012–25808 Filed 10–19–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0359; FRL–9732–5] 

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). This 

action was proposed in the Federal 

Register on June 13, 2012 and concerns 

volatile organic compound (VOC) 

emissions from crude oil production 

sumps and refinery wastewater 

separators. We are approving local rules 

that regulate these emission sources 

under the Clean Air Act (CAA or the 

Act). 

DATES: These rules will be effective on 

November 21, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0359 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: 

Nicole Law, EPA Region IX, (415) 947– 

4126, law.nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 


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