30212 Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations 

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. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 July 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 determination that the 

Baltimore Area has attained the 1997 

p.m.2.5 NAAQS 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: May 8, 2012. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

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 V—Maryland 

■ 2. Section 52.1081 is amended by 

adding paragraph (c) to read as follows: 

§ 52.1081 Control strategy: Particulate 

matter. 

* * * * * 

(c) Determination of Attainment. EPA 

has determined, as of May 22, 2012, 

based on ambient air quality data of 

2008 to 2010 and the preliminary data 

of 2011, that the PM2.5 nonattainment 

area of Baltimore, Maryland has attained 

the 1997 annual PM2.5 NAAQS. This 

determination, in accordance with 40 

CFR 51.1004(c), suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 annual PM2.5

NAAQS. 

■ 3. Section 52.1082 is amended by 

adding paragraph (e) to read as follows: 

§ 52.1082 Determinations of attainment. 

* * * * * 

(e) Based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, EPA determined that the PM2.5

nonattainment area of Baltimore, 

Maryland attained the 1997 annual 

PM2.5 NAAQS by the applicable 

attainment date of April 5, 2010. 

Therefore, EPA has met the requirement 

pursuant to CAA section 179(c) to 

determine, based on the area’s air 

quality as of the attainment date, 

whether the area attained the NAAQS. 

EPA has also determined that the PM2.5

nonattainment area of Baltimore, 

Maryland is not subject to the 

consequences of failing to attain 

pursuant to section 179(d). 

[FR Doc. 2012–12230 Filed 5–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2009–0689; FRL–9674–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Vermont; Regional Haze 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a revision to 

the Vermont State Implementation Plan 

(SIP) that addresses regional haze for the 

first planning period from 2008 through 

2018. The revision was submitted by the 

Vermont Department of Environmental 

Conservation (VT DEC) on August 26, 

2009, with a supplemental submittal on 

January 3, 2012. This revision addresses 

the requirements of the Clean Air Act 

(CAA) and EPA’s regulations that 

require States to prevent any future, and 

remedy any existing, manmade 

impairment of visibility in mandatory 

Class I Areas caused by emissions of air 

pollutants from numerous sources 

located over a wide geographic area 

(also referred to as the ‘‘regional haze 

program’’). 

DATES: Effective Date: This rule is 

effective on June 21, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2009–0689. All documents in the docket 

are listed on the www.regulations.gov 

Web site. 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 form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact 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 to 4:30, 

excluding legal holidays. 

Copies of the documents relevant to 

this action are also available for public 

inspection during normal business 

hours, by appointment at the Air 

Pollution Control Division, Agency of 

Natural Resources, Building 3 South, 

103 South Main Street, Waterbury, VT 

05676. 

FOR FURTHER INFORMATION CONTACT: 

Anne McWilliams, Air Quality Unit, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square—Suite 100, (Mail 

Code OEP05–02), Boston, MA 02109— 

3912, telephone number (617) 918– 

1697, fax number (617) 918–0697, email 

mcwilliams.anne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. The following outline is provided 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations 30213 

to aid in locating information in this 

preamble. 

I. Background and Purpose 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

On February 28, 2012, EPA published 

a Notice of Proposed Rulemaking (NPR) 

for the State of Vermont. See 77 FR 

11914. The NPR proposed approval of 

the Vermont State Implementation Plan 

(SIP) that addresses regional haze for the 

first planning period from 2008 through 

2018. It was submitted by the VT DEC 

on August 26, 2009, with a 

supplemental submittal on January 3, 

2012. Specifically, EPA proposed to 

approve Vermont’s August 26, 2009 SIP 

revision, and its supplement, as meeting 

the applicable implementing regulations 

found in 40 CFR 51.308. EPA also 

proposed to approve Vermont’s revised 

Section 5–221, ‘‘Prohibition of 

Potentially Polluting Materials in Fuel,’’ 

and incorporate this regulation into the 

Vermont SIP. 

A detailed explanation of the 

requirements for regional haze SIPs, as 

well as EPA’s analysis of Vermont’s 

Regional Haze SIP submittal was 

provided in the NPR and is not restated 

here. 

EPA received one comment on the 

NPR. It was from the U.S. Forest Service 

in support of the proposed approval of 

Vermont’s Regional Haze SIP submittal. 

II. Final Action 

EPA is approving Vermont’s August 

26, 2009 SIP revision and supplemental 

submittal on January 3, 2012, as meeting 

the applicable implementing regulations 

found in 40 CFR 51.308. In addition, 

EPA is approving Vermont’s revised 

Section 5–221, ‘‘Prohibition of 

Potentially Polluting Materials in Fuel,’’ 

and incorporating this regulation into 

the Vermont 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 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. 

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 July 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 Clean Air 

Act § 307(b)(2), 42 U.S.C. 7607(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 8, 2012. 

Ira W. Leighton, 

Acting Regional Administrator, EPA 

Region 1. 

Part 52 of 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 UU—Vermont 

■ 2. Section 52.2370 is amended by 

revising the entry for Section 5–221 in 

paragraph (c) and adding a new entry at 

the end of the table in paragraph (e) to 

read as follows: 

§ 52.2370 Identification of plan. 

* * * * * 

(c) EPA-approved regulations. 


sroberts on DSK5SPTVN1PROD with RULES
30214 Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations 

EPA-APPROVED VERMONT REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

*******

Section 5–221 .......... Prohibition of potentially polluting materials in fuel 10/14/2011 5/22/2012 [Insert Federal Register page 

number where the 

document begins].

Approve revised Section 

5–221(1). 

* * * * * * * 

* * * * * (e) Nonregulatory. 

VERMONT NON-REGULATORY

Name of non-regulatory 

SIP provision 

Applicable geographic or 

nonattainment area 

State submittal date/ 

effective date EPA-approved date Explanations 

*******

Vermont Regional Haze 

SIP and its supplement.

Statewide .......................... 8/26/2009; supplement 

submitted 1/3/2012.

5/22/2012 [Insert Federal 

Register page number 

where the document begins].

[FR Doc. 2012–12233 Filed 5–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2009–0631; FRL–9674–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Rhode 

Island; Regional Haze 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a revision to 

the Rhode Island State Implementation 

Plan (SIP) that addresses regional haze 

for the first planning period from 2008 

through 2018. The revision was 

submitted by the Rhode Island 

Department of Environmental 

Management (RI DEM) on August 7, 

2009. This revision addresses the 

requirements of the Clean Air Act (CAA) 

and EPA’s regulations that require 

States to prevent any future, and remedy 

any existing, manmade impairment of 

visibility in mandatory Class I Areas 

caused by emissions of air pollutants 

from numerous sources located over a 

wide geographic area (also referred to as 

the ‘‘regional haze program’’). 

DATES: Effective Date: This rule is 

effective on June 21, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2009–0631. All documents in the docket 

are listed on the www.regulations.gov 

Web site. 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 form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact 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 to 4:30, 

excluding legal holidays. 

Copies of the documents relevant to 

this action are also available for public 

inspection during normal business 

hours, by appointment at the Office of 

Air Resources, Department of 

Environmental Management, 235 

Promenade Street, Providence, RI 

02908–5767. 

FOR FURTHER INFORMATION CONTACT: 

Anne McWilliams, Air Quality Unit, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square—Suite 100, (Mail 

Code OEP05–02), Boston, MA 02109– 

3912, telephone number (617) 918– 

1697, fax number (617) 918–0697, email 

mcwilliams.anne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

The following outline is provided to 

aid in locating information in this 

preamble. 

I. Background and Purpose 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

On February 28, 2012, EPA published 

a Notice of Proposed Rulemaking (NPR) 

for the State of Rhode Island. See 77 FR 

11798. The NPR proposed approval of 

the Rhode Island State Implementation 

Plan (SIP) that addresses regional haze 

for the first planning period from 2008 

through 2018. It was submitted by the 

RI DEM on August 7, 2009. Specifically, 

EPA proposed to approve Rhode 

Island’s August 7, 2009 SIP revision as 

meeting the applicable implementing 

regulations found in 40 CFR 51.308. 

A detailed explanation of the 

requirements for regional haze SIPs, as 

well as EPA’s analysis of Rhode Island’s 

Regional Haze SIP submittal was 

provided in the NPR and is not restated 

here. 

EPA received comments on the NPR 

from the U.S. Forest Service and 

Dominion Energy, Inc. in support of our 


sroberts on DSK5SPTVN1PROD with RULES