Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations 39181 

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: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, vineyard.christine@epa.

gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Dated: June 11, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Accordingly, the amendment to 

40 CFR 52.220 published in the Federal 

Register on June 1, 2012 (77 FR 32398) 

which was to become effective on July 

31, 2012 is withdrawn. 

[FR Doc. 2012–15724 Filed 6–29–12; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0027; FRL–9686–6] 

Revisions to the California State 

Implementation Plan, Mojave Desert 

Air Quality Management District 

(MDAQMD) and Yolo-Solano Air 

Quality Management District 

(YSAQMD) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the MDAQMD and the 

YSAQMD portions of the California 

State Implementation Plan (SIP). These 

rules were proposed in the Federal 

Register on February 28, 2012 and 

concern glass furnaces and biomass 

boilers. We are approving local rules 

that regulate these emission sources 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: These rules will be effective on 

August 1, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0027 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: 

Andy Steckel, EPA Region IX, (415) 

947–4115, steckel.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On February 28, 2012 (77 FR 11990), 

EPA proposed to approve the following 

rules into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

MDAQMD ................................... 1165 Glass Melting Furnaces .................................................................. 08/12/08 12/23/08 

YSAQMD .................................... 2.43 Biomass Boilers .............................................................................. 11/10/10 04/05/11 

We proposed to approve these rules 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

and our evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 

30-day public comment period. During 

this period, we received no comments. 

III. EPA Action 

No comments were submitted. 

Therefore, as authorized in section 

110(k)(3) of the Act, EPA is fully 

approving these rules into the California 

SIP. 

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 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 


pmangrum on DSK3VPTVN1PROD with RULES
39182 Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations 

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 August 31, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, VOCs, Reporting and 

recordkeeping requirements. 

Dated: May 10, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Therefore, 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. 

■ 2. Amend § 52.220 by adding 

paragraphs (c)(364)(i)(D) and 

(c)(388)(i)(F) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(364) * * * 

(i) * * * 

(D) Mojave Desert Air Quality 

Management District. 

(1) Rule 1165, ‘‘Glass Melting 

Furnaces,’’ amended on August 25, 

2008. 

* * * * * 

(388) * * * 

(i) * * * 

(F) Yolo-Solano Air Quality 

Management District. 

(1) Rule 2.43, ‘‘Biomass Boilers,’’ 

adopted on November 10, 2010. 

* * * * * 

[FR Doc. 2012–16060 Filed 6–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 141 and 142 

[Docket No. EPA–HQ–OW–2009–0090; FRL– 

9660–4] 

RIN 2040–AF10 

Revisions to the Unregulated 

Contaminant Monitoring Regulation 

(UCMR 3) for Public Water Systems 

Correction 

In rule document 2012–9978 

appearing on pages 26072–26101 in the 

issue of Wednesday, May 2, 2012, make 

the following correction: 

On pages 26072–26073, the table 

entitled ‘‘EXHIBIT 1—APPLICABILITY 

OF UCMR 3 TO WATER UTILITIES BY 

SYSTEM TYPE AND SIZE’’ should read 

as set forth below: 

EXHIBIT 1—APPLICABILITY OF UCMR 3 TO WATER UTILITIES BY SYSTEM TYPE AND SIZE

System Type 

System size 1

Serving > 10,000 Serving ≤ 10,000 

UCMR 3 Assessment Monitoring 

CWS & NTNCWS ................ Requires all systems to monitor for List 1 chemicals ..... Requires 800 randomly selected systems to monitor for 

List 1 chemicals. EPA will pay for the analysis of 

samples. 

TNCWS ................................ No requirements .............................................................. No Requirements. 

UCMR 3 Screening Survey 

CWS & NTNCWS ................ Requires all systems serving more than 100,000, and 

320 randomly selected systems serving 10,001 to 

100,000 to monitor for List 2 chemicals.

Requires 480 randomly selected systems to monitor for 

List 2 chemicals. EPA will pay for the analysis of 

samples. 

TNCWS ................................ No requirements .............................................................. No Requirements. 

UCMR 3 Pre-Screen Testing 

CWS, TNCWS & NTNCWS No requirements .............................................................. Requires 800 randomly selected systems to permit 

EPA to sample and analyze List 3 microbes. The selected systems will be served by non-disinfecting 

ground water wells in vulnerable areas. EPA will pay 

for the analysis of samples. 

1Based on the retail population, as indicated by SDWIS/Fed on December 31, 2010. 


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