Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations 50611 

1Areas designated as mandatory Class I Federal 

areas consist of national parks exceeding 6000 

acres, wilderness areas and national memorial parks 

exceeding 5000 acres, and all international parks 

that were in existence on August 7, 1977. 42 U.S.C. 

7472(a). In accordance with section 169A of the 

CAA, EPA, in consultation with the Department of 

Interior, promulgated a list of 156 areas where 

visibility is identified as an important value. 44 FR 

69122 (November 30, 1979). The extent of a 

mandatory Class I area includes subsequent changes 

in boundaries, such as park expansions. 42 U.S.C. 

7472(a). Although states and tribes may designate 

as Class I additional areas which they consider to 

have visibility as an important value, the 

requirements of the visibility program set forth in 

section 169A of the CAA apply only to ‘‘mandatory 

Class I Federal areas.’’ Each mandatory Class I 

Federal area is the responsibility of a ‘‘Federal Land 

Manager.’’ 42 U.S.C. 7602(i). When we use the term 

‘‘Class I area’’ in this action, we mean a ‘‘mandatory 

Class I Federal area.’’ 

EPA-APPROVED NEW HAMPSHIRE REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date 1 Explanations 

*******

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

[FR Doc. 2012–20500 Filed 8–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2012–0344, FRL–9718–9] 

Approval and Promulgation of 

Implementation Plans; State of 

Oregon; Regional Haze State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve portions of a State 

Implementation Plan (SIP) revision 

submitted by the State of Oregon on 

December 10, 2010 and supplemented 

on February 1, 2011, as meeting the 

requirements of Clean Air Act (CAA or 

the Act) section 169A and B and the 

regional haze regulations in 40 CFR 

51.308. In a previous action on July 5, 

2011, EPA approved portions of the 

December 10, 2010, SIP submittal as 

meeting the requirements for interstate 

transport for visibility of CAA section 

110(a)(2)(D)(II) and certain requirements 

of the regional haze program including 

the requirements for best available 

retrofit technology (BART). 76 FR 

38997. On May 23, 2012, EPA proposed 

approving the remaining portion of the 

Regional Haze SIP including those 

portions that address requirements of 

the CAA and EPA’s rules that require 

states to set Reasonable Progress Goals 

(RPGs) for their Class I areas, and to 

develop a Long-Term Strategy (LTS) to 

achieve these goals. 77 FR 30454. In this 

Federal Register notice EPA finalizes its 

approval of the remaining Regional 

Haze SIP elements for which EPA 

previously took no action in the July 5, 

2011 notice. 

DATES: This action is effective on 

September 21, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2012–0344. Generally documents in the 

docket are available at http:// 

www.regulations.gov or in hard copy at 

EPA Region 10, Office of Air, Waste, 

and Toxics, AWT–107, 1200 Sixth 

Avenue, Seattle, Washington 98101. 

Please note that while many of the 

documents in the docket are available 

electronically at http:// 

www.regulations.gov, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

large maps or voluminous materials, is 

not placed on the Internet and will be 

publicly available only at the hard copy 

location. To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed directly 

below. 

FOR FURTHER INFORMATION CONTACT: 

Keith Rose at telephone number (206) 

553–1949, rose.keith@epa.gov, or the 

above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. Information is organized as 

follows: 

Table of Contents 

I. Background 

II. Final Action 

III. Scope of Action 

IV. Statutory and Executive Order Reviews 

I. Background 

In the CAA Amendments of 1977, 

Congress established a program to 

protect and improve visibility in the 

national parks and wilderness areas. See 

CAA section 169A. Congress amended 

the visibility provisions in the CAA in 

1990 to focus attention on the problem 

of regional haze. See CAA section 169B. 

EPA promulgated regulations in 1999 to 

implement sections 169A and 169B of 

the Act. These regulations require states 

to develop and implement plans to 

ensure reasonable progress toward 

improving visibility in mandatory Class 

I Federal areas 1 (Class I areas). 64 FR 

35714 (July 1, 1999); see also 70 FR 

39104 (July 6, 2005) and 71 FR 60612 

(October 13, 2006). 

On behalf of the State of Oregon, the 

Oregon Department of Environmental 

Quality (ODEQ) submitted its Regional 

Haze State Implementation Plan 

(Regional Haze SIP submission or SIP 

submittal) to EPA on December 10, 2010 

and supplemented it on February 1, 

2011. In a previous action EPA 

approved certain provisions in Oregon’s 

Regional Haze SIP submission. 76 FR 

38997. This previous action approved 

the BART provisions (40 CFR 51.308(e), 

calculation of baseline and natural 

conditions (40 CFR 51.308(d)(2)), and 

state wide emission inventory of 

pollutants that are reasonably 

anticipated to cause or contribute to 

visibility impairment in any mandatory 

Class I area. EPA also approved Oregon 

Administrative Rules OAR 340–223– 

0010 through 340–223–0080 (Regional 

Haze Rules). In that same action, EPA 

also approved portions of the SIP 

submittal as meeting the requirements 

of CAA section 110(a)(2)(D)(i)(II) with 

respect to the visibility prong for the 

1997 8-hour ozone and 1997 PM2.5

National Ambient Air Quality Standards 

(NAAQS). 

In a proposed rule published on May 

23, 2012, EPA proposed approving the 

remaining provisions of Oregon’s 

Regional Haze SIP submission, the 

regional haze requirements for 

establishing RPGs and developing a 

LTS. 76 FR 38997. A detailed 

explanation of the Regional Haze Rule 

including the requirements relating to 

the reasonable progress goals and long 

term strategy, ODEQ’s reasonable 

progress goals and long term strategy, 


wreier-aviles on DSK7SPTVN1PROD with RULES
50612 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations 

and EPA’s reasons for approving this 

SIP revision were provided in the notice 

of proposed rulemaking on May 23, 

2012, and will not be restated here. See 

77 FR 30454. The public comment 

period for this proposed rule ended on 

June 22, 2012. EPA did not receive any 

comments on the proposal. 

II. Final Action 

EPA is approving the remaining 

portions of the Regional Haze SIP 

submittal from the State of Oregon, 

submitted on December 10, 2010 and 

supplemented on February 1, 2011, as 

meeting the remaining regional haze 

requirements that require states to 

prevent any future and remedy any 

existing visibility impairment in 

mandatory Class I areas caused by 

emissions of air pollutants from 

numerous sources located over a wide 

geographical area. See CAA section 

169A and B and Federal Regulations in 

40 CFR 51.308. Specifically included is 

EPA’s approval of the RPGs established 

by Oregon and the elements of its LTS 

which include: (1) Ongoing Air 

Pollution Control Programs, (2) 

Measures to Mitigate Impacts of 

Construction Activities, (3) Emission 

Limitations and Schedules for 

Compliance, (4) Source Retirement and 

Replacement Schedules, (5) Smoke 

Management Techniques for 

Agricultural and Forestry Burning, and 

(6) Enforceability of Emission 

Limitations and Control Measures. 

III. Scope of Action 

Oregon has not demonstrated 

authority to implement and enforce the 

Oregon Administrative rules within 

‘‘Indian Country’’ as defined in 18 

U.S.C. 1151. ‘‘Indian country’’ is 

defined under 18 U.S.C. 1151 as: (1) All 

land within the limits of any Indian 

reservation under the jurisdiction of the 

United States Government, 

notwithstanding the issuance of any 

patent, and including rights-of-way 

running through the reservation, (2) all 

dependent Indian communities within 

the borders of the United States, 

whether within the original or 

subsequently acquired territory thereof, 

and whether within or without the 

limits of a State, and (3) all Indian 

allotments, the Indian titles to which 

have not been extinguished, including 

rights-of-way running through the same. 

Under this definition, EPA treats as 

reservations trust lands validly set aside 

for the use of a Tribe even if the trust 

lands have not been formally designated 

as a reservation. Therefore, this SIP 

approval does not extend to ‘‘Indian 

Country’’ in Oregon. See CAA sections 

110(a)(2)(A) (SIP shall include 

enforceable emission limits), 

110(a)(2)(E)(i) (State must have adequate 

authority under State law to carry out 

SIP), and 172(c)(6) (nonattainment SIPs 

shall include enforceable emission 

limits). 

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, 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. 

Consistent with EPA policy, EPA 

nonetheless provided a consultation 

opportunity to Tribes in Idaho, Oregon 

and Washington in letters dated January 

14, 2011. EPA received one request for 

consultation, and we have followed-up 

with that Tribe. 

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 October 22, 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 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Visibility, 

and Volatile organic compounds. 

Dated: August 8, 2012. 

Julie M. Hagensen, 

Acting Regional Administrator, Region 10. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 


wreier-aviles on DSK7SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations 50613 

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

Subpart MM—Oregon 

■ 2. Section 52.1970 is amended by 

adding paragraph (c)(151)(ii)(B) to read 

as follows: 

§ 52.1970 Identification of plan. 

* * * * * 

(c) * * * 

(151) * * * 

(ii) * * * 

(B) The remaining portions of the 

December 20, 2010, SIP revision, which 

relate to establishing reasonable 

progress goals, and a long term strategy 

to achieve these reasonable progress 

goals. 

* * * * * 

■ 3. Section 52.1973 is amended by 

adding paragraph (g)(2) to read as 

follows: 

§ 52.1973 Approval of plans. 

* * * * * 

(g) * * * 

(2) EPA approves the remaining 

portions of the Regional Haze SIP 

revision submitted by the Oregon 

Department of Environmental Quality 

on December 20, 2010, and adopted by 

the Oregon Department of 

Environmental Quality Commission on 

December 9, 2010, as meeting the 

requirements of the Clean Air Act 

section 169A and 40 CFR 51.308(d)(1) 

regarding establishing reasonable 

progress goals, and 51.308(d)(3) for 

developing a long term strategy to 

achieve these goals. 

[FR Doc. 2012–20496 Filed 8–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0950; FRL–9359–5] 

Didecyl Dimethyl Ammonium 

Carbonate and Didecyl Dimethyl 

Ammonium Bicarbonate; Exemption 

From the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation amends the 

exemption from the requirement of a 

tolerance for residues of Didecyl 

Dimethyl Ammonium Carbonate and 

Didecyl Dimethyl Ammonium 

Bicarbonate, jointly referred to as 

DDACB on food contact surfaces when 

applied or used in public eating places, 

dairy processing equipment, and/or 

food processing equipment and utensils. 

Lonza, Inc. submitted a petition to EPA 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting an 

amendment which would provide for an 

increase in the final use concentration 

of DDACB in products eligible for the 

exemption from the requirement of a 

tolerance. As amended, the regulation 

will exempt solutions from the 

requirement of tolerance residues 

resulting from contact with surfaces 

treated with solutions where the enduse concentration of the DDACB does 

not exceed 400 parts per million (ppm). 

DATES: This regulation is effective 

August 22, 2012. Objections and 

requests for hearings must be received 

on or before October 22, 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–2011–0950, is 

available at http://www.regulations.gov 

or 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: 

Velma Noble, Antimicrobials Division 

(7510P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–6233; email address: 

noble.velma@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. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Dairy Cattle Milk Production 

(NAICS code 11212). 

• Food manufacturing (NAICS code 

311). 

• Beverage Manufacturing (NAICS 

code 3121). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http:// 

ecfr.gpoaccess.gov/cgi/t/text/textidx?&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–2011–0950 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 October 22, 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 

request, identified by docket ID number 

EPA–HQ–OPP–2011–0950, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statue. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), Mail Code: 28221T, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http:// 

www.epa.gov/dockets/contacts.htm. 

Additional instructions on commenting 

or visiting the docket, along with more 


wreier-aviles on DSK7SPTVN1PROD with RULES