Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations 13495 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0875; FRL–9626–6] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). These revisions were 

proposed in the Federal Register on 

November 22, 2011 and concern 

particulate matter (PM) emissions from 

paved and unpaved roads and livestock 

operations and aggregate and related 

operations. We are approving local rules 

that regulate these emission sources 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on April 6, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2011–0875 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: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, 

vineyard.christine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

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 November 22, 2011 (76 FR 72142), 

EPA proposed to approve the following 

rules into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

SCAQMD ................................ 1157 PM10 Emission Reduction from Aggregate and Related Operations.09/06/06 05/17/10 

SCAQMD ................................ 1186 PM10 Emissions from Paved and Unpaved Roads and Livestock Operations.07/11/08 12/23/08 

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 that 

change our assessment that the 

submitted rules comply with the 

relevant CAA requirements. 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). 

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. 


srobinson on DSK4SPTVN1PROD with RULES
13496 Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations 

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 May 7, 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: January 13, 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 52.220 is amended by 

adding paragraphs (c)(364)(i)(B)(2) and 

(379)(i)(A)(5) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(364) * * * 

(i) * * * 

(B) * * * 

(2) Rule 1186, ‘‘PM10 Emissions from 

Paved and Unpaved Roads and 

Livestock Operations,’’ amended on July 

11, 2008. 

* * * * * 

(379) * * * 

(i) * * * 

(A) * * * 

(5) Rule 1157, ‘‘PM10 Emission 

Reductions from Aggregate and Related 

Operations,’’ adopted on September 6, 

2006. 

* * * * * 

[FR Doc. 2012–5385 Filed 3–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2009–0596; FRL–9637–1] 

RIN 2040–AF36 

Effective Date for the Water Quality 

Standards for the State of Florida’s 

Lakes and Flowing Waters 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing an extension 

of the March 6, 2012 effective date of 

the ‘‘Water Quality Standards for the 

State of Florida’s Lakes and Flowing 

Waters; Final Rule’’ (inland waters rule) 

for four months to July 6, 2012. EPA’s 

inland waters rule included an effective 

date of March 6, 2012 for the entire 

regulation except for the site-specific 

alternative criteria provision, which 

took effect on February 4, 2011. This 

revision of the effective date for the 

inland waters rule does not affect or 

change the February 4, 2011 effective 

date for the site-specific alternative 

criteria provision. 

DATES: This final rule is effective on 

March 6, 2012. The effective date of 

§ 131.43, revised on December 6, 2010 

(75 FR 75805), effective March 6, 2012, 

is delayed until July 6, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–OW–2011–0466. 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, 

e.g., CBI or other information of which 

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 EPA Docket Center, EPA West Room 

3334, 1301 Constitution Avenue NW., 

Washington, DC 20004, Attention: 

Docket ID No. EPA–HQ–OW–2009– 

0596. The Office of Water (OW) Docket 

Center is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The OW Docket Center 

telephone number is 202–566–1744. 

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. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning this rulemaking, 

contact: Tracy Bone, U.S. EPA, Office of 

Water, Mailcode 4305T, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460; telephone number 202–564– 

5257; email address: 

bone.tracy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

Does this action apply to me? 

Citizens concerned with water quality 

in Florida may be interested in this 

rulemaking. Entities discharging 

nitrogen or phosphorus to lakes and 

flowing waters of Florida could be 

indirectly affected by this rulemaking 

because water quality standards (WQS) 

are used in determining National 

Pollutant Discharge Elimination System 

(NPDES) permit limits. Categories and 

entities that may ultimately be affected 

include: 

Category Examples of potentially affected entities 

Industry .................................................... Industries discharging pollutants to lakes and flowing waters in the State of Florida. 

Municipalities ........................................... Publicly-owned treatment works discharging pollutants to lakes and flowing waters in the State of 

Florida. 

Stormwater Management Districts .......... Entities responsible for managing stormwater runoff in Florida. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for entities that may be directly or 

indirectly affected by this action. This 

table lists the types of entities of which 

EPA is now aware that potentially could 

be affected by this action. Other types of 

entities not listed in the table, such as 

nonpoint source contributors to 

nitrogen/phosphorus pollution in 

Florida’s waters may be indirectly 

affected through implementation of 

Florida’s water quality standards 

program (i.e., through Basin 

Management Action Plans (BMAPs)). 


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