26448 Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Rules and Regulations 

(SO2) from the Portland Generating 

Station in Northampton County, Upper 

Mount Bethel Township, Pennsylvania 

(Portland) significantly contribute to 

nonattainment and interfere with 

maintenance of the 1-hour SO2 national 

ambient air quality standard (NAAQS) 

in New Jersey. The owners and 

operators of Portland shall comply with 

the requirements in paragraphs (a) 

through (d) of this section. 

* * * * * 

[FR Doc. 2012–10718 Filed 5–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0643; FRL–9652–4] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

Air Quality Management District and 

Eastern Kern and Santa Barbara 

County; Air Pollution Control Districts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Antelope Valley Air Quality 

Management District (AVAQMD), 

Eastern Kern Air Pollution Control 

District (EKAPCD), and Santa Barbara 

County Air Pollution Control District 

(SBCAPCD) portions of the California 

State Implementation Plan (SIP). Under 

authority of the Clean Air Act as 

amended in 1990 (CAA or the Act), we 

are approving local rules that define 

terms used in other air pollution 

regulation in these areas and approving 

a rule rescission that addresses 

Petroleum Coke Calcining Operations— 

Oxides of Sulfur. 

DATES: This rule is effective on July 3, 

2012 without further notice, unless EPA 

receives adverse comments by June 4, 

2012. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0643, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., 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: 

Cynthia Allen, EPA Region IX, (415) 

947–4120, allen.cynthia@epa.gov 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rule we are 

rescinding and the rules we are 

approving with the dates that they were 

adopted by the local air agencies and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

AVAQMD .............. 1119 Petroleum Coke Calcining Operations—Oxides of Sulfur (rescinded) .................. 01/18/11 06/21/11 

EKAPCD ............... 102 Definitions ............................................................................................................... 01/13/11 06/21/11 

SBCAPCD ............ 102 Definitions ............................................................................................................... 01/20/11 06/21/11 

On July 15, 2011, EPA determined 

that the submittal for AVAQMD Rule 

1119, EKAPCD Rule 102, and SBCAPCD 

Rule 102 met the completeness criteria 

in 40 CFR Part 51 Appendix V, which 

must be met before formal EPA review. 

B. Are there other versions of these 

rules? 

We approved earlier versions of these 

rules into the SIP on the dates listed: 

AVAQMD Rule 1119 on September 28, 

1981 (46 FR 47451), EKAPCD Rule 102 

on March 7, 2011 (76 FR 12280), and 

SBCAPCD Rule 102 on May 6, 2009 (74 

FR 20872). The SBCAPCD amended 

revisions to the SIP-approved version on 

September 20, 2010 and CARB 

submitted them to us on April 5, 2011. 

While we can act on only the most 

recently submitted version, we have 

reviewed materials provided with 

previous submittals. 

C. What is the purpose of the submitted 

rule revisions? 

Section 110(a) of the CAA requires 

states to submit regulations that control 

volatile organic compounds, oxides of 

nitrogen, particulate matter, and other 

air pollutants which harm human health 

and the environment. These rules were 

developed as part of the local agency’s 

program to control these pollutants. 

Antelope Valley AQMD Rule 1119 

applies to the operation of petroleum 


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Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Rules and Regulations 26449 

coke calcining equipment. The 

AVAQMD has determined that there are 

no petroleum coke calcining operations 

located within the District and none are 

anticipated in the future. The AVAQMD 

has rescinded this rule and has certified 

that there are no sources covered by this 

rule in the jurisdiction of the AVAQMD. 

Since this rule is currently part of the 

SIP for AVAQMD, a resolution 

certifying that no sources exist in the 

AVAQMD is required by section 

182(b)(2). 

Eastern Kern APCD Rule 102, 

Definitions, is being amended to define 

a number of terms that are used in other 

District rules. The amendments include 

updating the name of the District, 

adding ten new definitions, revising 

language in three definitions, and 

adding one compound to the Exempt 

Compounds list. Minor formatting 

issues are also being corrected. 

Santa Barbara County Rule 102, is 

amended by adding a new definition for 

‘‘greenhouse gas or greenhouse gases.’’ 

In addition, the definition of 

‘‘attainment pollutant’’ has been 

clarified to exclude greenhouse gases. 

EPA’s technical support documents 

(TSDs) have more information about 

these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

These rules describe administrative 

provisions and definitions that support 

emission controls found in other local 

agency requirements. In combination 

with the other requirements, these rules 

must be enforceable (see section 110(a) 

of the Act) and must not relax existing 

requirements (see sections 110(l) and 

193). EPA policy that we used to 

evaluate enforceability requirements 

consistently includes the Bluebook 

(‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988) and 

the Little Bluebook (‘‘Guidance 

Document for Correcting Common VOC 

& Other Rule Deficiencies,’’ EPA Region 

9, August 21, 2001). 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability and SIP 

relaxations. The TSDs have more 

information on our evaluation. 

C. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted rules because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by June 4, 2012, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on July 3, 2012. 

This will incorporate these rules into 

the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

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, these rules do 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 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 3, 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 


erowe on DSK2VPTVN1PROD with RULES
26450 Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Rules and Regulations 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged in later 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: March 8, 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 paragraphs (c)(88)(iii)(C) and 

(c)(391) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(88) * * * 

(iii) * * * 

(C) In Resolution 11–04 dated January 

18, 2011, Antelope Valley Air Quality 

Management District certified that no 

sources which would be subject to Rule 

1119, ‘‘Petroleum Coke Calcining 

Operations,’’ exist in the AVAQMD. 

Therefore, Rule 1119 has been rescinded 

and is removed from the SIP. 

* * * * * 

(391) New and amended regulations 

were submitted on June 21, 2011 by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Eastern Kern Air Pollution Control 

District. 

(1) Rule 102, ‘‘Definitions,’’ amended 

on January 13, 2011. 

(B) Santa Barbara County Air 

Pollution Control District. 

(1) Rule 102, ‘‘Definitions,’’ revised on 

January 20, 2011. 

* * * * * 

[FR Doc. 2012–10734 Filed 5–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0179; FRL–9345–6] 

Metconazole; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance for residues of Metconazole, 

including its metabolites and degradates 

in or on sugarcane, cane. BASF 

Corporation requested the tolerance 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective May 

4, 2012. Objections and requests for 

hearings must be received on or before 

July 3, 2012, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2011–0179. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Tamue L. Gibson, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–9096; email address: 

gibson.tamue@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://ecfr.gpoaccess.gov/cgi/t/ 

text/text-idx?&c=ecfr&tpl=/ecfrbrowse/ 

Title40/40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2011–0179 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before July 3, 2012. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit a copy of 

your non-CBI objection or hearing 


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