Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations 63743 

Name of 

non-regulatory 

SIP revision 

Applicable 

geographic 

area 

State 

submittal date EPA approval date Additional explanation 

Section 110(a)(2) Infrastructure Requirements for the 2008 8- 

Hour Ozone NAAQS.

Statewide 8/31/11, 2/17/12 10/17/12 [Insert page number where the document 

begins].

Approval of the following PSD-related elements or 

portions thereof: 110(a)(2)(C), (D)(i)(II), and (J), 

except taking no action on the definition of ‘‘regulated NSR pollutant’’ found at 45CSR14 section 

2.66 only as it relates to the requirement to include condensable emissions of particulate matter 

in that definition. See § 52.2522(i). 

■ 3. In § 52.2522, paragraph (i) is added 

to read as follows. 

§ 52.2522 Approval status. 

* * * * * 

(i)(1) EPA is fully approving WVDEP’s 

August 31, 2011 submittal, except for 

the narrow issue of the requirement to 

include condensable emissions of 

particulate matter in the definition of 

‘‘regulated NSR pollutant’’ found at 

45CSR14 section 2.66. Except for this 

narrow issue, EPA is approving all other 

portions of the submittal, including but 

not limited to, the remainder of section 

2.66. In approving West Virginia State 

Rule 45CSR14 with regard to all other 

CAA and Federal regulatory SIP 

requirements for PSD applicable as of 

the August 31, 2011 SIP revision 

submission date, EPA is acknowledging 

that it is consistent with the ‘‘Prevention 

of Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule’’ 

(Tailoring Rule), which was 

promulgated on June 3, 2010 (75 FR 

31514). EPA is not finalizing its 

proposed approval of WVDEP’s August 

31, 2011 submittal with respect to the 

narrow issue of the requirement to 

include condensable emissions of 

particulate matter in the definition of 

‘‘regulated NSR pollutant’’ found at 

45CSR14 section 2.66. In light of a 

comment received on its July 31, 2012 

proposed rule (77 FR 45302), EPA is 

reviewing West Virginia State Rule 

45CSR14 to determine the extent to 

which its definition of ‘‘regulated NSR 

pollutant’’ satisfies the corresponding 

Federal definition, and will address this 

issue in a separate action. 

(2) EPA is also approving those 

portions of West Virginia’s SIP 

submissions dated December 3, 2007, 

December 11, 2007, April 3, 2008, 

October 1, 2009, October 26, 2011, and 

February 17, 2012 which address the 

PSD-related requirements set forth in 

CAA section 110(a)(2)(D)(i)(II) for the 

1997 PM2.5 NAAQS, 1997 8-hour ozone 

NAAQS, 2006 PM2.5 NAAQS, 2008 lead 

NAAQS, and 2008 ozone NAAQS, as 

well as CAA Section 110(a)(2)(C) and (J) 

for the 2008 lead NAAQS and 2008 

ozone NAAQS, except for the narrow 

issue of the requirement to include 

condensable emissions of particulate 

matter in the definition of ‘‘regulated 

NSR pollutant’’ found at 45CSR14 

section 2.66. EPA is not finalizing its 

July 31, 2012 proposed approval (77 FR 

45302) of WVDEP’s SIP submissions 

dated December 3, 2007, December 11, 

2007, April 3, 2008, October 1, 2009, 

October 26, 2011, and February 17, 2012 

submitted to meet the PSD-related 

infrastructure SIP obligations set forth at 

CAA sections 110(a)(2)(C), (D)(i)(II) and 

(J) with respect to the narrow issue of 

the requirement to include condensable 

emissions of particulate matter in the 

definition of ‘‘regulated NSR pollutant’’ 

found at 45CSR14 section 2.66. EPA 

will address this issue in a separate 

action. 

[FR Doc. 2012–25386 Filed 10–16–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0754; FRL–9740–7] 

Revisions to the California State 

Implementation Plan, Sacramento 

Metropolitan Air Quality Management 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Sacramento Metropolitan Air Quality 

Management District (SMAQMD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions concern negative declarations 

for volatile organic compound (VOC) 

source categories for the SMAQMD. We 

are approving these negative 

declarations under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: This rule is effective on 

December 17, 2012 without further 

notice, unless EPA receives adverse 

comments by November 16, 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–2012–0754, 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: The index to the docket for 

this action is 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 in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), 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. 


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63744 Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations 

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 negative declarations did the State 

submit? 

B. Are there other versions of these 

negative declarations? 

C. What is the purpose of the submitted 

negative declarations? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the negative 

declarations? 

B. Do the negative declarations meet the 

evaluation criteria? 

C. Public Comment and Final Action 

III. Administrative Requirements 

I. The State’s Submittal 

A. What negative declarations did the 

State submit? 

Table 1 lists the negative declarations 

we are approving with the dates that 

they were adopted by the SMAQMD and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED NEGATIVE DECLARATIONS

Local agency Title Adopted Submitted 

SMAQMD ......... Fiberglass Boat Manufacturing Materials (EPA–453/R–08–004, September 2008) ................ 03/22/12 07/12/12 

SMAQMD ......... Automobile and Light-Duty Truck Assembly Coatings (EPA–453/R–08–006, September 

2008).

03/22/12 07/12/12 

On August 16, 2012, EPA determined 

that the SMAQMD Negative 

Declarations submitted on July 12, 2012, 

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 

negative declarations? 

There are no previous versions of 

these negative declarations. 

C. What is the purpose of the submitted 

negative declarations? 

The negative declarations were 

submitted to meet the requirements of 

CAA section 182(b)(2). Ozone 

nonattainment areas classified at 

moderate and above are required to 

adopt VOC regulations for the published 

Control Techniques Guidelines (CTG) 

categories and for major non-CTG 

sources of VOC or NOX. If a 

nonattainment area does not have 

stationary sources covered by an EPA 

published CTG, then the area is required 

to submit a negative declaration. The 

negative declarations were submitted 

because there are no applicable sources 

within the SMAQMD jurisdiction. 

EPA’s technical support document 

(TSD) has more information about these 

negative declarations. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the negative 

declarations? 

The negative declarations are 

submitted as SIP revisions and must be 

consistent with CAA requirements for 

Reasonably Available Control 

Technology (RACT) (see section 

182(b)(2)) and SIP relaxation (see 

sections 110(1) and 193.) To do so, the 

submittal should provide reasonable 

assurance that no sources subject to the 

CTG requirements currently exist or are 

planned for the SMAQMD. 

B. Do the negative declarations meet the 

evaluation criteria? 

We believe these negative 

declarations are consistent with the 

relevant policy and guidance regarding 

RACT and SIP relaxations. The TSD has 

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 negative declarations as 

additional information to the SIP 

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 these negative declarations. 

If we receive adverse comments by 

November 16, 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 December 17, 2012. 

III. Administrative Requirements 

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 interfere with Executive 

Order 12898 (59 FR 7629 (Feb. 16, 

1994)) because EPA lacks the 

discretionary authority to address 

environmental justice in this 

rulemaking. 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 


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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations 63745 

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 17, 

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 and address the 

comment in the proposed rulemaking. 

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: September 27, 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 52.222 is amended by 

adding paragraph (a)(2)(iii) to read as 

follows: 

§ 52.222 Negative declarations. 

(a) * * * 

(2) * * * 

(iii) Fiberglass and Boat 

Manufacturing Materials and 

Automobile and Light-Duty Truck 

Assembly Coatings were submitted on 

July 12, 2012 and adopted on March 22, 

2012. 

* * * * * 

[FR Doc. 2012–25383 Filed 10–16–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0759; FRL–9364–9] 

Buprofezin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of the insecticide 

buprofezin in or on multiple 

commodities which are identified and 

discussed later in this document. In 

addition, this regulation removes 

established tolerances for certain 

commodities/groups superseded by this 

action, and corrects the spelling of some 

commodities. The Interregional 

Research Project #4 (IR–4) and Nichino 

America Inc. requested these tolerances 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

October 17, 2012. Objections and 

requests for hearings must be received 

on or before December 17, 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: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–0759, is 

available at http://www.regulations.gov 

or in hard copy at the OPP Docket in the 

Environmental Protection Agency 

Docket Center (EPA/DC), located in EPA 

West, Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Amaris Johnson, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–9542; email address: 

johnson.amaris@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 


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