66780 Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Proposed Rules 

have been disclosed to OEE on the date 

of the initial notification for purposes of 

paragraph (b)(3) of this section. The 

Director of OEE may extend this 180- 

day deadline upon a determination in 

his or her discretion that U.S. 

Government interests would be served 

by an extension or that the person 

making the initial notification has 

shown that more than 180 days is 

reasonably needed to complete the 

narrative account. The Director of OEE 

in his or her discretion may place 

conditions on the approval of an 

extension. For example, the Director of 

OEE may require that the disclosing 

person agree to toll the statute of 

limitations with respect to violations 

disclosed in the initial notification or 

discovered during the review to prepare 

the narrative account, and/or require the 

disclosing person to undertake specified 

interim remedial compliance measures. 

Failure to meet the deadline (either the 

initial 180-day deadline or an extended 

deadline granted by the Director of OEE) 

would not be an additional violation of 

the EAR, but such failure may reduce or 

eliminate the mitigating impact of the 

voluntary disclosure under Supp. No. 1 

to this part. 

* * * * * 

PART 766—[AMENDED] 

3. The authority citation paragraph for 

part 766 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

15, 2012, 77 FR 49699 (August 16, 2012). 

4. Section 766.3 is amended by 

revising paragraphs (b)(1) and (c) to read 

as follows: 

§ 766.3 Institution of administrative 

enforcement proceedings. 

* * * * * 

(b) * * * 

(1) By sending a copy by registered or 

certified mail or by express mail or 

commercial courier or delivery service 

addressed to the respondent at the 

respondent’s last known address; * * * 

(c) The date of service of notice of the 

issuance of a charging letter instituting 

an administrative enforcement 

proceeding, or service of notice of the 

issuance of a supplement or amendment 

to a charging letter, is the date of its 

delivery, or of its attempted delivery by 

any means described in paragraph (b)(1) 

of this section. 

Dated November 2, 2012. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2012–27206 Filed 11–6–12; 8:45 am] 

BILLING CODE 3510–33–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0827; FRL–9749–5] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). These revisions concern 

volatile organic compound (VOC) 

emissions from architectural coatings. 

We are approving a local rule that 

regulates these emission sources under 

the Clean Air Act (CAA or the Act). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Any comments must arrive by 

December 7, 2012. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0827, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the online 

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: 

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. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rule 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule addressed by this 

proposal with the dates that it was 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Amended Submitted 

SCAQMD ............................. 1113 Architectural Coatings ............................................................................ 06/03/11 09/27/11 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Proposed Rules 66781 

On October 24, 2011, EPA determined 

that the submittal for SCAQMD Rule 

1113 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 this rule? 

We approved an earlier version of 

Rule 1113 into the SIP on August 17, 

2011 (76 FR 50891). The SCAQMD 

adopted revisions to the SIP-approved 

version on June 3, 2011 and CARB 

submitted them to us on September 27, 

2011. 

C. What is the purpose of the submitted 

rule revision? 

VOCs help produce ground-level 

ozone and smog, which harm human 

health and the environment. Section 

110(a) of the CAA requires States to 

submit regulations that control VOC 

emissions. Rule 1113 provides VOC 

limits for architectural coatings. The 

major revisions to the rule include 

limiting and phasing out the averaging 

compliance option and introducing 

VOC limits for previously unregulated 

colorants. EPA’s technical support 

document (TSD) has more information 

about these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), must require Reasonably Available 

Control Technology (RACT) for each 

category of sources covered by a Control 

Techniques Guidelines (CTG) document 

as well as each major source in 

nonattainment areas (see sections 

182(a)(2) and (b)(2)), and must not relax 

existing requirements (see sections 

110(l) and 193). 

Guidance and policy documents that 

we use to evaluate requirements 

consistently include the following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook). 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

3. ‘‘Suggested Control Measure for 

Architectural Coatings,’’ CARB, October 

2007. 

4. ‘‘Improving Air Quality with 

Economic Incentive Programs,’’ EPA, 

January 2001. 

B. Does the rule meet the evaluation 

criteria? 

We believe this rule is consistent with 

the relevant policy and guidance 

regarding enforceability and SIP 

relaxations. The TSD has more 

information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rule 

The TSD describes additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rule but are not currently the basis for 

rule disapproval. 

D. Public Comment and Final Action 

Because EPA believes the submitted 

rule fulfills all relevant requirements, 

we are proposing to fully approve it as 

described in section 110(k)(3) of the Act. 

We will accept comments from the 

public on this proposal for the next 30 

days. Unless we receive convincing new 

information during the comment period, 

we intend to publish a final approval 

action that will incorporate this rule 

into the federally enforceable SIP. 

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 proposed action 

merely proposes to approve 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 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, this proposed action 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. 

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. 

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

Dated: October 26, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–27226 Filed 11–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 174 and 180 

[EPA–HQ–OPP–2012–0001; FRL–9367–5] 

Notice of Filing of Several Pesticide 

Petitions Filed for Residues of 

Pesticide Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of filing of petitions and 

request for comment. 

SUMMARY: This document announces the 

Agency’s receipt of several initial filings 

of pesticide petitions requesting the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before December 7, 2012. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1