3144 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 

(ii) In addition to the requirements of 

Part 4 of this chapter, the following 

restrictions apply: 

(A) A vehicle operator must yield to 

pedestrians on all designated ORV 

routes. 

(B) When approaching or passing a 

pedestrian on the beach, a vehicle 

operator must move to the landward 

side to yield the wider portion of the 

ORV corridor to the pedestrian. 

(C) A vehicle operator must slow to 5 

mph when traveling within 30.5 meters 

(100 feet) or less of pedestrians at any 

location on the beach at any time of 

year. 

(D) An operator may park on a 

designated ORV route, but no more than 

one vehicle deep, and only as long as 

the parked vehicle does not obstruct 

two-way traffic. 

(E) When driving on a designated 

route, an operator must lower the 

vehicle’s tire pressure sufficiently to 

maintain adequate traction within the 

posted speed limit. 

(F) The speed limit for off-road 

driving is 15 mph, unless otherwise 

posted. 

(12) Night-Driving Restrictions. 

(i) Hours of operation and nightdriving restrictions are listed in the 

following table: 

HOURS OF OPERATION/NIGHT DRIVING RESTRICTIONS 

November 16–April 30 .................... All designated ORV routes are open 24 hours a day. 

May 1–September 14 ..................... Designated ORV routes in sea turtle nesting habitat (ocean intertidal zone, ocean backshore, dunes) are 

closed from 9 p.m. to 7 a.m. 

September 15–November 15 .......... Designated ORV routes in sea turtle nesting habitat (ocean intertidal zone, ocean backshore, dunes) are 

closed from 9 p.m. to 7 a.m., but the Superintendent may open designated ORV routes, or portions of 

the routes, in sea turtle nesting habitat (if no turtle nests remain), 24 hours a day. 

(ii) Maps available in the office of the 

Superintendent and on the Seashore’s 

Web site will show routes closed due to 

night-driving restrictions, and routes or 

portions of the routes the 

Superintendent opens because there are 

no turtle nests remaining. 

(13) Vehicle carrying capacity. The 

maximum number of vehicles allowed 

on any ORV route, at one time, is the 

length of the route (or, if part of the 

route is closed, the length of the portion 

of the route that is open) divided by 6 

meters (20 feet). 

(14) Violating any of the provisions of 

this paragraph, or the terms, conditions, 

or requirements of an ORV or other 

permit authorizing ORV use is 

prohibited. A violation may also result 

in the suspension or revocation of the 

applicable permit by the 

Superintendent. 

(15) Information Collection. As 

required by 44 U.S.C. 3501 et seq., OMB 

has approved the information collection 

requirements contained in this 

paragraph. The OMB approval number 

is 1024–0026. NPS is collecting this 

information to provide the 

Superintendent data necessary to issue 

ORV special-use permits. The 

information will be used to grant a 

benefit. The obligation to respond is 

required in order to obtain the benefit in 

the form of the ORV permit. 

Dated: January 18, 2012. 

Rachel Jacobson, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2012–1250 Filed 1–20–12; 8:45 am] 

BILLING CODE 4310–X6–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2011–0859; FRL–9621–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Missouri; Reasonably Available 

Control Technology (RACT) for the 8- 

Hour Ozone National Ambient Air 

Quality Standard (NAAQS) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

conditionally approve a State 

Implementation Plan (SIP) revision 

submitted by the State of Missouri to 

EPA on January 17, 2007, with a 

supplemental revision submitted to EPA 

on June 1, 2011. The purpose of these 

SIP revisions is to satisfy the RACT 

requirements for volatile organic 

compounds (VOCs) set forth in the 

Clean Air Act (CAA or Act) with respect 

to the 8-hour ozone NAAQS. In addition 

to taking final action on the 2007 

submission, EPA is also taking final 

action to approve several VOC rules 

adopted by Missouri and submitted to 

EPA in a letter dated August 16, 2011 

for approval into its SIP. We are taking 

final action to approve these revisions 

because they enhance the Missouri SIP 

by improving VOC emission controls in 

Missouri. EPA’s final action to 

conditionally approve the SIP submittal 

is consistent with section 110(k)(4) of 

the CAA. As part of the conditional 

approval, Missouri will be required to 

revise its rules to address one additional 

source category, no later than December 

31, 2012. 

DATES: Effective Date: This final rule 

will be effective February 22, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R07–OAR– 

2011–0859. All documents in the docket 

are listed on the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning and Development 

Branch, Air and Waste Management 

Division, U.S. Environmental Protection 

Agency, Region 7, 901 North 5th Street, 

Kansas City, Kansas 66101. EPA 

requests that if at all possible, 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 a.m. to 

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

FOR FURTHER INFORMATION CONTACT: Ms. 

Lachala Kemp, Air Planning and 

Development Branch, U.S. 

Environmental Protection Agency 

Region 7, 901 N. 5th Street, Kansas City, 

Kansas 66101; telephone number (913) 

551–7214; email address: 

kemp.lachala@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following questions: 

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Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 3145 

1Section 182(f) of the CAA requires that all SIP 

provisions required for major stationary sources of 

VOCs shall also apply to major stationary sources 

of Nitrogen Oxides (NOX), unless EPA exempts a 

specific nonattainment area from this requirement 

based on criteria set forth in section 182(f). With 

respect to NOX, EPA approved Missouri’s request 

for a ‘‘NOX waiver,’’ effective September 19, 2011. 

Based on this rule, Missouri withdrew the portion 

of its 2007 submission relating to NOX RACT. 

Therefore, today’s action only addresses Missouri’s 

obligations for VOCs. See 76 FR at 66014–15. 

Table of Contents 

I. What final action is EPA taking in this final 

rule? 

II. What is the background for the approvals 

by EPA in this final rule? 

III. EPA’s Final Action 

IV. Statutory and Executive Order Reviews 

I. What final action is EPA taking in 

this final rule? 

EPA is taking final action to 

conditionally approve a SIP revision 

submitted by the State of Missouri to 

EPA on January 17, 2007, and June 1, 

2011. The purpose of these revisions is 

to ensure that certain sources of VOC 

emissions are controlled to a level 

which represents Reasonably Available 

Control Technology (RACT), and that 

certain source categories meet RACT 

levels consistent with Control 

Techniques Guidelines (CTGs) issued by 

EPA prior to 2006. EPA is also taking 

final action to approve several VOC 

rules adopted by Missouri and 

submitted to EPA in a letter dated 

August 16, 2011 for approval into its 

SIP. This latter submittal addresses VOC 

RACT requirements for sources in 

categories for which EPA issued CTGs 

during 2006–2008. The purpose of 

today’s action is to conditionally 

approve the referenced SIP submissions 

as meeting the VOC RACT requirements 

of CAA section 182(b)(2) for the 

Missouri portion of the St. Louis 

metropolitan 8-hour ozone 

nonattainment area. 

On October 25, 2011, EPA published 

in the Federal Register a proposed 

rulemaking to conditionally approve 

this SIP revision and to approve these 

VOC rules (76 FR 66013). EPA did not 

receive any public comments on this 

proposal. 

II. What is the background for the 

approvals by EPA in this final rule? 

This section briefly summarizes the 

background for today’s final action. 

More detailed discussion of the 

statutory and regulatory background can 

be found in the preamble to the 

proposal for this rulemaking (see 76 FR 

at 66014–17). 

The St. Louis metropolitan area, 

which includes the counties of Franklin, 

Jefferson, St. Charles and St. Louis, and 

the City of St. Louis in Missouri (as well 

as four counties in Illinois), is currently 

designated as a moderate nonattainment 

area under the 8-hour ozone standard. 

For areas in moderate nonattainment 

with the ozone NAAQS, CAA section 

182(b)(2) requires states to submit SIP 

revisions to EPA that require sources of 

VOCs that are subject to a CTG issued 

by EPA, and all other major stationary 

sources, in the nonattainment area to 

implement RACT.1

On January 17, 2007, the Missouri 

Department of Natural Resources 

(MDNR) submitted to EPA proposed SIP 

revisions demonstrating compliance 

with the RACT requirements set forth by 

the CAA under the 8-hour ozone 

NAAQS. This submittal addressed all 

source categories for which a CTG had 

been issued by EPA prior to 2006, and 

addressed the controls in place for all 

other major stationary sources in the 

nonattainment area. Since the 

development of the initial submittal by 

MDNR, EPA issued a number of new 

CTGs, in 2006, 2007, and 2008. States 

were then required to address RACT 

requirements for sources in the source 

categories covered by these CTGs. As a 

result, on June 1, 2011, MDNR 

submitted an amendment to its prior 

RACT demonstration. 

With respect to the source categories 

for which a CTG had been issued by 

EPA prior to 2006, MDNR certified that 

all of the existing St. Louis area VOC 

rules satisfy RACT requirements for the 

8-hour ozone standard. EPA proposed to 

approve this certification (see 76 FR at 

66016) and did not receive any public 

comments on this proposal. Therefore, 

based on the rational stated in the 

proposal, EPA is approving this 

certification in today’s action. 

With respect to the source categories 

for which a CTG was issued by EPA 

beginning in 2006, MDNR submitted 

three revised rules to EPA for approval. 

EPA proposed to approve these rules in 

the proposed rulemaking (see 76 FR at 

66016) and did not receive any public 

comments on this proposal. Therefore, 

in today’s action, EPA finds that these 

revised rules address the RACT 

requirements and is approving these 

rules into the Missouri SIP. These rules 

cover the following source categories: 1) 

Industrial Surface Coating Operations 

(10 CSR 10–5.330), 2) Rotogravure and 

Flexographic Printing (10 CSR 10– 

5.340), and 3) Lithographic Printing 

Operations (10 CSR 10–5.442). For a 

more detailed description of the CTGs 

issued by EPA and the corresponding 

Missouri VOC rules which address these 

CTGs, see 76 FR at 66015–17. 

Finally, in today’s final action, EPA is 

conditionally approving the Missouri 

SIP revisions that address the 

requirements of RACT under the 8-hour 

ozone NAAQS. As discussed in the 

proposed rulemaking, at this time, EPA 

is unable to fully approve the state’s 

RACT SIP revision because the current 

submittal does not yet meet all RACT 

requirements. Specifically, Missouri has 

not submitted RACT rules for inclusion 

into the Missouri SIP to address one 

CTG: Solvent Cleanup Operations. 

However, MDNR submitted a letter 

dated September 30, 2011, committing 

to submit a SIP to address the solvent 

cleaning CTG no later than December 

31, 2012. Based on this commitment, 

pursuant to section 110(k)(4) of the 

CAA, EPA is conditionally approving 

Missouri’s proposed SIP revision in 

today’s action. Under that section, EPA 

may approve a SIP revision based on a 

commitment of the State to adopt 

specific enforceable measures by a date 

certain, but not later than one year after 

the date of approval of the SIP. Missouri 

must revise its rules to be consistent 

with the CAA (i.e., it must adopt a 

specific enforceable measure to address 

RACT for solvent metal cleaning 

operations) no later than December 31, 

2012. This conditional approval shall be 

treated as a disapproval if Missouri fails 

to comply with this commitment. 

III. EPA’s Final Action 

In today’s rulemaking, EPA is taking 

the following final actions. First, with 

respect to Missouri’s VOC RACT rules 

that EPA previously approved into 

Missouri’s SIP under the 1-hour ozone 

standard, EPA is taking final action to 

approve Missouri’s certification that 

these RACT controls continue to 

represent RACT under the 8-hour ozone 

standard. Second, EPA is taking final 

action to approve revisions to three of 

Missouri’s VOC rules (10 CSR 10–5.330; 

10 CSR 10–5.340; 10 CSR 10–5.442) into 

Missouri’s SIP, as these rules satisfy 

RACT for the Missouri portion of the St. 

Louis nonattainment area. Third, 

pursuant to CAA section 110(k)(4), EPA 

is taking final action to conditionally 

approve the Missouri SIP revisions that 

address the requirements of RACT 

under the 8-hour ozone NAAQS. 

Missouri must submit a SIP revision 

addressing the solvent cleaning CTG 

discussed above, no later than December 

31, 2012. This conditional approval 

shall be treated as a disapproval if 

Missouri fails to comply with this 

commitment. 

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3146 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 

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 proposed 

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 proposed 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 amended 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 March 23, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review, nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Air pollution control, Environmental 

protection, Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: January 10, 2012. 

Karl Brooks, 

Regional Administrator, Region 7. 

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. 

Subpart AA—Missouri 

■ 2. Section 52.1320(c) is amended by 

revising the following entries under 

‘‘Chapter 5—Air Quality Standards and 

Air Pollution Control Requirements for 

the St. Louis Metropolitan Area’’ to read 

as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c)* * * 

TABLE 1—EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective 

date EPA approval date Explanation 

*******

10–5.330 .................................... Control of Emissions from Industrial Surface Coating Operations.08/30/2011 01/23/2012 [Insert citation of 

publication]. 

10–5.340 .................................... Control of Emissions from Rotogravure and Flexographic 

Printing Facilities.

08/30/2011 01/23/2012 [Insert citation of 

publication]. 

*******

10–5.442 .................................... Control of Emissions from Offset 

Lithographic Printing Operations.

08/30/2011 01/23/2012 [Insert citation of 

publication]. 

*******

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Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 3147 

■ 3. In § 52.1320, the table in paragraph 

(e) is amended by adding the following 

entry to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(e)* * * 

Name of non-regulatory SIP 

revision 

Applicable geographic or 

nonattainment area 

State submittal 

date EPA approval date Explanation 

*******

(55) VOC RACT Requirements for the 8-hour 

ozone NAAQS.

St. Louis ............................... 01/17/2007, 

06/01/2011 

01/23/2012 [Insert citation of 

publication].

We are conditionally approving 

this SIP revision based on Missouri’s commitment to submit a 

SIP to address the solvent 

cleaning CTG no later than December 31, 2012. 

■ 4. Section 52.1323 is amended by 

adding paragraph (o) to read as follows: 

§ 52.1323 Approval status. 

* * * * * 

(o) The Administrator conditionally 

approves the Missouri SIP revisions that 

address the requirements of RACT 

under the 8-hour ozone NAAQS under 

§ 52.1320(c). Full approval is contingent 

on Missouri submitting RACT rules for 

inclusion into the Missouri SIP to 

address the Solvent Cleanup Operations 

CTG, to the EPA, no later than 

December 31, 2012. 

[FR Doc. 2012–1086 Filed 1–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0714; FRL–9620–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware, New Jersey, and 

Pennsylvania; Determinations of 

Attainment of the 1997 Annual Fine 

Particulate Standard for the 

Philadelphia-Wilmington 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to make two determinations 

regarding the Philadelphia-Wilmington 

fine particulate (PM2.5) nonattainment 

area (the Philadelphia Area). First, EPA 

is making a determination that the 

Philadelphia Area has attained the 1997 

annual PM2.5 national ambient air 

quality standard (NAAQS) by its 

attainment date of April 5, 2010. This 

determination is based upon quality 

assured and certified ambient air 

monitoring data that show the area has 

monitored attainment of the 1997 

annual PM2.5 NAAQS for the 2007–2009 

monitoring period. Second, EPA is 

making a clean data determination, 

finding that the Philadelphia Area has 

attained the 1997 PM2.5 NAAQS, based 

on quality assured and certified ambient 

air monitoring data for the 2007–2009 

and 2008–2010 monitoring periods. In 

accordance with EPA’s applicable PM2.5

implementation rule, this determination 

suspends the requirement for the 

Philadelphia Area to submit an 

attainment demonstration, reasonably 

available control measures (RACM), a 

reasonable further progress (RFP) plan, 

and contingency measures related to 

attainment of the 1997 annual PM2.5

NAAQS for so long as the area 

continues to attain the 1997 annual 

PM2.5 NAAQS. Although these 

requirements are suspended, EPA is not 

precluded from acting upon these 

elements at any time if submitted to 

EPA for review and approval. These 

actions are being taken under the Clean 

Air Act (CAA). 

DATES: This rule is effective on March 

23, 2012 without further notice, unless 

EPA receives adverse written comment 

by February 22, 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–2011–0714 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0714, 

Cristina Fernandez, 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–2011– 

0714. 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 

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