[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Rules and Regulations]
[Pages 16676-16679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6922]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R02-OAR-2012-0032, FRL-9645-8]


Approval and Promulgation of Implementation Plans and Operating 
Permits Program; Commonwealth of Puerto Rico; Administrative Changes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Puerto Rico Regulations for 
the Control of Atmospheric Pollution, submitted to EPA by the Puerto 
Rico Environmental Quality Board on July 13, 2011. This action approves 
revisions to Rules 102, 111, 115, 116, 609 and Appendix A. Generally 
the revisions to the regulations involve administrative changes which 
improve the clarity of the rules contained in the Commonwealth's 
Implementation Plan and Operating Permits Program. They do not change 
the emission limitations nor add significant new requirements.

DATES: This direct final rule is effective on May 21, 2012 without 
further notice, unless EPA receives adverse comment by April 23, 2012. 
If EPA receives such comment, EPA will publish a timely withdrawal in 
the Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2012-0032, by one of the following methods:
    <bullet> www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#792e1c0b171c0b572b18001416171d391c0918571e160f"><span class="__cf_email__" data-cfemail="2d7a485f43485f037f4c54404243496d485d4c034a425b">[email protected]</span></a>.
    <bullet> Fax: (212) 637-3901.
    <bullet> Mail: Raymond Werner, Chief, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866.
    <bullet> Hand Delivery: Raymond Werner, Chief, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866. Such deliveries are only accepted 
during the Regional Office's normal hours of operation. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30 excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2012-0032. EPA's policy is that all comments received will be included 
in the public docket without change and may be

[[Page 16677]]

made available online at www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
www.regulations.gov or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Copies of the state submittal(s) are available at the following 
addresses for inspection during normal business hours: Environmental 
Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 
25th Floor, New York, New York 10007-1866.
    Environmental Protection Agency, Region 2 Caribbean Field Office 
Centro Europa Building, Suite 417, 1492 Ponce de Leon Avenue, Stop 22, 
Santurce, Puerto Rico 00909.
    Environmental Protection Agency, Air and Radiation Docket and 
Information Center, Environmental Protection Agency, Room B-108, 1301 
Constitution Avenue, (Mail Code 6102T) NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3381.

SUPPLEMENTARY INFORMATION: On July 13, 2011, the Puerto Rico 
Environmental Quality Board (PREQB) submitted to EPA a request for 
approval of revisions to the Puerto Rico Regulations for the Control of 
Atmospheric Pollution (PRRCAP). In the context of the Clean Air Act 
(CAA or Act), the Commonwealth of Puerto Rico is regarded as a state. 
Generally the changes to the PRRCAP involve administrative changes 
which improve the clarity of the rules. They do not change the emission 
limitations nor add significant new requirements.

I. Revisions to the PRRCAP

    Most of the revisions consist of clarification type changes such as 
public law or code cites or word changes. A summary of the various 
revisions is given below. EPA has determined that the revisions improve 
the effectiveness of the PRRCAP and will have no negative effect on 
maintaining the national ambient air quality standards.

A. General Provisions

Rule 102, ``Definitions'' and Appendix A, ``Hazardous Air Pollutants--
Section 112(b) of the Clean Air Act''
    PREQB revised two definitions in the revised Rule 102. They include 
the definition for ``Volatile Organic Compounds (VOC)'' and the 
definition for ``Applicable Rule and Regulation.'' PREQB revised the 
VOC definition to make it consistent with EPA's definition for VOC 
found in 40 CFR section 51.100. The revision to the ``Applicable Rule 
and Regulation'' definition includes a change to the citation of Puerto 
Rico's Environmental Public Policy Act. It was previously referenced in 
the definition as Law No. 9 of June 18, 1970. That Law was replaced by 
Law No. 416 of September 22, 2004.
    PREQB also revised Appendix A to the PRRCAP. PREQB revised Appendix 
A to make it consistent with EPA's amended list of hazardous air 
pollutants in CAA section 112. Appendix A is referenced in the 
federally approved definition of Rule 102--``Hazardous Air Pollutant'' 
of the PRRCAP.
Rule 111, ``Applications, Hearings, Public Notice'' and Rule 115, 
``Punishment''
    PREQB revised Rules 111 and 115 in order to change the citation to 
Puerto Rico's Environmental Public Policy Act. It was previously 
referenced in Rules 111 and 115 as Law No. 9 of June 18, 1970. That Law 
was replaced by Law No. 416 of September 22, 2004.
Rule 116, ``Public Nuisance''
    PREQB revised Rule 116 in order to revise the citation of the 
applicable Puerto Rico code. Rule 116 previously referenced Article 329 
of the Penal Code of Puerto Rico and this reference was replaced with 
Article 277 of the Civil Prosecution Code of Puerto Rico.
    None of the revisions to Rules 102, 111, 115, 116 or Appendix A of 
the PRRCAP involve changing the stringency of these provisions. EPA has 
thoroughly reviewed all of the revisions contained in these rules and 
has determined they meet EPA guidance and requirements; therefore, EPA 
is approving these revised rules. However, with regard to the revisions 
to the definition of VOC in Rule 102 and Appendix A, which are intended 
to achieve consistency with the CAA Section 112 list of chemicals, it 
is important to note that the CAA Section 112 list could potentially be 
revised by EPA and, for federal enforcement purposes, EPA will rely on 
the federally issued CAA Section 112 list.

B. Other Provisions

Rule 609, ``Permit Review''
    PREQB also submitted a revision to Rule 609(g), ``Confidential 
information'' of the PRRCAP on July 13, 2011. The revisions to Rule 609 
include the citation for Puerto Rico's Environmental Public Policy Act. 
It was previously referenced as Law No. 9 of June 18, 1970. That Law 
has subsequently been replaced by Law No. 416 of September 22, 2004. 
Rule 609 was never approved into the federally enforceable SIP for 
Puerto Rico since the provisions of Rule 609 are relevant to the Title 
V of the Act requirements. The federally approved SIP reflects only 
Title I of the Act requirements and not Title V. Therefore, EPA is not 
approving the revisions to Rule 609 into the federally enforceable 
Puerto Rico SIP. However, EPA is approving the revision to Rule 609 as 
part of the federally approved Puerto Rico Title V operating permits 
program. Rule 609 and the Puerto Rico Title V program were previously 
approved by EPA on February 26, 1996 (61 FR 7073).

II. Conclusion

    The revisions to Rules 102, 111, 115, 116 and Appendix A of the 
PRRCAP, effective February 18, 2011, are generally administrative 
changes, which improve the clarity of the rules. They do not change 
emission limitations nor add significant new requirements. EPA has 
thoroughly reviewed all of the revisions contained in these rules and 
has determined they meet EPA guidance and requirements. EPA is 
therefore approving revised PRRCAP Rules 102, 111, 115, 116 and 
Appendix A into the SIP. In addition, EPA is approving revised Rule 609 
of the PRRCAP, effective February 18, 2011, as part of the federally 
approved Puerto Rico Title V operating permits program.

[[Page 16678]]

    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective May 21, 2012 
without further notice unless the Agency receives adverse comments by 
April 23, 2012.
    If the EPA receives adverse comments, then EPA will publish a 
timely withdrawal in the Federal Register informing the public that the 
rule will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 May 21, 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Volatile organic compounds.

40 CFR Part 70

    Administrative practice and procedure, Air pollution control, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: January 30, 2012.
Judith A. Enck,
Regional Administrator, Region 2.

    Parts 52 and 70, chapter I, title 40 of the Code of Federal 
Regulations is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

Subpart BBB--Puerto Rico

0
2. Section 52.2720 is amended by revising paragraphs (c)(27)(ii), 
(c)(36)(i)(A)(1) and (c)(37)(i)(A) and adding paragraph (c)(38) to read 
as follows:


Sec.  52.2720  Identification of plan.

* * * * *
    (c) * * *
* * * * *
    (27) * * *
    (ii) July 24, 1980, providing a comprehensive set of adopted 
regulations, entitled ``Regulation for the Control of Atmospheric 
Pollution.'' Rules 115 and 116 revised in 2011; see paragraph 38 of 
this section.
* * * * *
    (36) * * *
    (i) * * *
    (A) * * *
    (1) Amendments to Part I, ``General Provisions'', Rules 102, 105, 
106, 107, 109, 110, 111, 114, 117, and 121, effective September 28, 
1995. Rule 111 revised in 2011; see paragraph 38 of this section.
* * * * *
    (37) * * *
    (i) * * *
    (A) Rule 102 Definitions, Guaynabo PM<INF>10</INF> Maintenance 
Area; filed with the Secretary of State April 28, 2009; effective May 
28, 2009. Rule 102 revised in 2011; see paragraph 38 of this section.
* * * * *

[[Page 16679]]

    (38) Revisions to the Puerto Rico Regulations for the Control of 
Atmospheric Pollution submitted on July 13, 2011 by the Puerto Rico 
Environmental Quality Board.
    (i) Rule 102, Definitions, filed with the Secretary of State 
January 19, 2011; effective February 18, 2011. Supersedes version in 
paragraph 37.
    (ii) Rule 111, Applications, Public Hearings and Public Notice; 
filed with the Secretary of State January 19, 2011; effective February 
18, 2011. Supersedes version in paragraph 36.
    (iii) Rule 115, Penalties; filed with the Secretary of State 
January 19, 2011; effective February 18, 2011. Supersedes version in 
paragraph 27.
    (iv) Rule 116, Public Nuisance; filed with the Secretary of State 
January 19, 2011; effective February 18, 2011. Supersedes version in 
paragraph 27.
    (v) Appendix A, Hazardous Air Pollutants--Section 112(b) of the 
Clean Air Act; filed with the Secretary of State January 19, 2011; 
effective February 18, 2011.

0
3. Section 52.2723 is amended by revising the entries for Rules 102, 
103, 111, 113, 115 through 117 and adding a category for appendices and 
an entry for Appendix A to read as follows:


Sec.  52.2723  EPA-approved Puerto Rico regulations.

                               Regulation for the Control of Atmospheric Pollution
----------------------------------------------------------------------------------------------------------------
                                   Commonwealth
     Puerto Rico regulation       effective date            EPA approval date                   Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Rule 102--Definitions...........         2/18/11  3/22/12, [Insert page number where    Puerto Rico's
                                                   the document begins].                 Environmental Public
                                                                                         Policy Act, Law No. 9
                                                                                         of June 18, 1970, is
                                                                                         replaced with Law 416
                                                                                         of September 22, 2004.
Rule 103--Source Monitoring,             9/28/95  1/22/97, 62 FR 3213.................
 Recordkeeping, Reporting,
 Sampling and Testing Methods.
 
                                                  * * * * * * *
Rule 111--Applications, Public           2/18/11  3/22/12, [Insert page number where    Puerto Rico's
 Hearings and Public Notice.                       the document begins].                 Environmental Public
                                                                                         Policy Act, Law No. 9
                                                                                         of June 18, 1970, is
                                                                                         replaced with Law 416
                                                                                         of September 22, 2004.
Rule 113--Closure of a Source...         9/28/95  1/22/97, 62 FR 3213.................
 
                                                  * * * * * * *
Rule 115--Penalties.............         2/18/11  3/22/12, [Insert page number where    Puerto Rico's
                                                   the document begins].                 Environmental Public
                                                                                         Policy Act, Law No. 9
                                                                                         of June 18, 1970, is
                                                                                         replaced with Law 416
                                                                                         of September 22, 2004.
Rule 116--Public Nuisance.......         2/18/11  3/22/12, [Insert page number where    Puerto Rico's
                                                   the document begins].                 Environmental Public
                                                                                         Policy Act, Law No. 9
                                                                                         of June 18, 1970, is
                                                                                         replaced with Law 416
                                                                                         of September 22, 2004.
Rule 117--Overlapping or                 9/28/95  1/22/97, 62 FR 3213.................
 Contradictory Provisions.
 
                                                  * * * * * * *
                                                   APPENDICES
----------------------------------------------------------------------------------------------------------------
Appendix A, Hazardous Air                2/18/11  3/22/12, [Insert page number where
 Pollutants--Section 112(b) of                     the document begins].
 the Clean Air Act.
----------------------------------------------------------------------------------------------------------------

PART 70--[AMENDED]

0
4. The authority citation for part 70 continues to read as follows:

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


0
5. Appendix A to part 70 is amended by adding paragraph (c) to the 
entry for Puerto Rico to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *
Puerto Rico
* * * * *
    (c) The Puerto Rico Environmental Quality Board submitted a 
revision to its operating permits program on July 13, 2011. The 
revision includes a change to the Puerto Regulations for the Control 
of Atmospheric Pollution, Rule 609(g), ``Confidential Information,'' 
effective on February 18, 2011. The reference to Puerto Rico's 
Environmental Public Policy Act, Law No. 9 of June 18, 1970, is 
replaced with Law 416 of September 22, 2004.
* * * * *

[FR Doc. 2012-6922 Filed 3-21-12; 8:45 am]
BILLING CODE 6560-50-P


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