20582 Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Proposed Rules 

maintenance plan be replaced with new 

budgets based on the MOVES2010a 

emissions model. Once this proposal is 

finalized, future transportation 

conformity determinations would use 

the new, MOVES2010a-based budgets 

and would no longer use the existing 

MOBILE6.2-based budgets. EPA is also 

proposing to find that the Central 

Indiana area’s maintenance plan would 

continue to meet its requirements as set 

forth under the CAA when these new 

budgets are included. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 CAA; 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Volatile organic compounds. 

Dated: March 26, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2012–8208 Filed 4–4–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0166; FRL–9655–6] 

Approval and Promulgation of 

Implementation Plans; State of Florida: 

New Source Review Prevention of 

Significant Deterioration: Nitrogen 

Oxides as a Precursor to Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

changes to the Florida State 

Implementation Plan (SIP), submitted 

by the Florida Department of 

Environmental Protection (FDEP) 

through the Division of Air Resource 

Management to EPA in two separate SIP 

revisions on October 19, 2007, and July 

1, 2011. These SIP revisions modify 

Florida’s New Source Review (NSR) 

Prevention of Significant Deterioration 

(PSD) program to address requirements 

promulgated in the 1997 8-hour ozone 

national ambient air quality standards 

(NAAQS) Implementation Rule NSR 

Update Phase II (hereafter referred to as 

the ‘‘Ozone Implementation NSR 

Update’’ or ‘‘Phase II Rule’’) recognizing 

nitrogen oxide (NOX) as an ozone 

precursor, among other requirements. In 

addition, both SIP revisions make 

corrective and clarifying changes to 

Florida’s regulations. EPA is proposing 

approval of both SIP revisions because 

the Agency has preliminarily 

determined that the changes are in 

accordance with the Clean Air Act (CAA 

or Act) and EPA regulations regarding 

NSR permitting. 

DATES: Comments must be received on 

or before May 7, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2012–0166, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2012–0166, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 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–R04–OAR–2012– 

0166.’’ EPA’s policy is that all 

comments received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. 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 


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Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Proposed Rules 20583 

1Florida’s July 1, 2011, revision also makes 

additional changes to Chapters 62–210, 212 and 

296, F.A.C. which will be addressed in a separate 

rulemaking. 

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. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. 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 in www.regulations.gov or 

in hard copy at the Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person 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 federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Florida SIP, 

contact Ms. Twunjala Bradley, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

Telephone number: (404) 562–9352; 

email address: 

bradley.twunjala@epa.gov. For 

information regarding NSR, contact Ms. 

Yolanda Adams, Air Permits Section, at 

the same address above. Telephone 

number: (404) 562–9214; email address: 

adams.yolanda@epa.gov. For 

information regarding 8-hour ozone 

NAAQS, contact Ms. Jane Spann, 

Regulatory Development Section, at the 

same address above. Telephone number: 

(404) 562–9029; email address: 

spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What action is EPA proposing? 

II. What is the background for EPA’s 

proposed action? 

A. What is the NSR program? 

B. What are the NSR requirements for the 

Phase II rule? 

III. What is EPA’s analysis of Florida’s SIP 

revisions? 

IV. Proposed action 

V. Statutory and Executive Order Reviews 

I. What action is EPA proposing? 

On October 19, 2007, and July 1, 

2011, FDEP submitted revisions to EPA 

for approval into the Florida SIP to 

adopt federal requirements for NSR 

permitting promulgated in the Phase II 

Rule. Florida’s October 19, 2007, SIP 

revision makes changes to the State’s 

Air Quality Regulations at Chapter 62– 

210, Florida Administrative Code 

(F.A.C.), Stationary Sources—General 

Requirements, Section 200—Definitions 

(rule 62–210.200), and Chapter 62–212, 

F.A.C., Stationary Sources— 

Preconstruction Review, Section 400— 

Prevention of Significant Deterioration 

(rule 62–210.400). Florida’s July 1, 

2011,1 SIP revision also makes changes 

at Chapter 62–210, F.A.C., to adopt PSD 

provisions promulgated in the Phase II 

Rule. Specifically, both SIP revisions 

propose to amend the State’s PSD 

regulations to establish that PSD permit 

applicants must identify NOX as an 

ozone precursor as established in the 

Phase II Rule. Lastly, both SIP revisions 

make corrective and clarifying changes 

to Florida’s rules at Chapters 62–210 

and 62–212, F.A.C. Pursuant to section 

110 of the CAA, EPA is proposing to 

approve these changes into the Florida 

SIP. 

Florida’s October 19, 2007, SIP 

submission also made changes to rule 

62–212.400(11), F.A.C., regarding 

applicable public participation 

requirements for PSD permitting. 

However, because Florida’s subsequent 

July 1, 2011, SIP revision made further 

revisions to this public participation 

provision, EPA is not taking action to 

approve Florida’s October 19, 2007, 

revision to rule 62–212.400(11), F.A.C. 

Instead, EPA is proposing to approve 

the revisions to rule 62–212.400(11), 

F.A.C., included in Florida’s July 1, 

2011, SIP revision. 

II. What is the background for EPA’s 

proposed action? 

A. What is the NSR program? 

The CAA NSR program is a 

preconstruction review and permitting 

program applicable to certain new and 

modified stationary sources of air 

pollutants regulated under the CAA. 

The program includes a combination of 

air quality planning and air pollution 

control technology requirements. The 

CAA NSR program is comprised of three 

separate programs: PSD, nonattainment 

NSR (NNSR), and minor NSR. PSD is 

established in Part C of title I of the 

CAA and applies in areas that meet the 

NAAQS—‘‘attainment areas’’—as well 

as areas where there is insufficient 

information to determine if the area 

meets the NAAQS—‘‘unclassifiable 

areas.’’ The NNSR program is 

established in Part D of title I of the 

CAA and applies in areas that are not in 

attainment of the NAAQS— 

‘‘nonattainment areas.’’ The minor NSR 

program addresses construction or 

modification activities that do not 

qualify as ‘‘major’’ and applies 

regardless of the designation of the area 

in which a source is located. Together, 

these programs are referred to as NSR 

programs. EPA regulations governing 

the implementation of these programs 

are contained in 40 CFR 51.160 through 

.166; 40 CFR 52.21 through .24; and, 

part 51, appendix S. 

Section 109 of the CAA requires EPA 

to promulgate a primary NAAQS to 

protect public health and a secondary 

NAAQS to protect public welfare. Once 

EPA sets those standards, states must 

develop, adopt, and submit a SIP to EPA 

for approval that includes emission 

limitations and other control measures 

to attain and maintain the NAAQS. See 

CAA section 110, 42 U.S.C. 7410. 

Pursuant to section 110(a)(2)(C) of the 

CAA, each SIP is required to include a 

preconstruction review program for the 

construction and modification of any 

stationary source of air pollution to 

assure the maintenance of the NAAQS. 

B. What are the NSR requirements for 

the Phase II Rule? 

Today’s proposed action on the 

Florida SIP relates to EPA’s Phase II 

Rule. See 70 FR 71612 (November 29, 

2005). On July 18, 1997, EPA 

promulgated a revised 8-hour ozone 

NAAQS of 0.08 parts per million—also 

referred to as the 1997 8-hour ozone 

NAAQS. On April 30, 2004, EPA 

designated areas as attainment, 

nonattainment and unclassifiable for the 

1997 8-hour ozone NAAQS. As part of 

the framework to implement the 1997 

8-hour ozone NAAQS, EPA 

promulgated an implementation rule in 

two phases. Phase I of EPA’s 1997 8- 

hour ozone implementation rule (Phase 

I Rule), published on April 30, 2004, 

effective on June 15, 2004, provided the 

implementation requirements for 

designating areas under subpart 1 and 

subpart 2 of the CAA (69 FR 23951). 

On November 29, 2005, EPA 

promulgated the second phase for 

implementation provisions related to 

the 1997 8-hour ozone NAAQS—also 


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2On, June 27, 2008 (73 FR 36435), EPA took final 

action to approve a February 3, 2006, Florida SIP 

revision to adopt the provisions promulgated in the 

2002 NSR Reform Rule. See 67 FR 80186. In the 

June 27, 2008, final rulemaking, EPA approved 

Florida’s definition of ‘‘PSD Pollutant’’ as an 

equivalent to the federal term ‘‘regulated NSR 

pollutant’’ into the Florida SIP. As part of its 

February 3, 2006, SIP revision to adopt the NSR 

Reform provisions, Florida provided an equivalency 

demonstration that addressed how the State’s 

definition of ‘‘PSD pollutant’’ was comparable to 

the federal term ‘‘regulated NSR pollutant.’’ EPA’s 

June 27, 2008, rulemaking also conditionally 

approved portions of Florida’s PSD program that 

were not consistent with federal PSD regulations 

(including the definition for significant emissions 

rate). On June 17, 2009, in response to the 

conditional approval, FDEP submitted a SIP 

revision to revise portions of its PSD program to be 

consistent with the federal PSD regulations. EPA 

took final action to approve this revision on April 

12, 2011, which converted the State’s PSD program 

from conditional to full approval. See 76 FR 20239. 

known as the Phase II Rule (70 FR 

71612). The Phase II Rule addressed 

control and planning requirements as 

they applied to areas designated 

nonattainment for the 1997 8-hour 

ozone NAAQS such as reasonably 

available control technology, reasonably 

available control measures, reasonable 

further progress, modeling and 

attainment demonstrations and NSR, 

and the impact to reformulated gas for 

the 1997 8-hour ozone NAAQS 

transition. The Phase II Rule 

requirements include, among other 

changes, a provision stating that NOX is 

an ozone precursor. See 70 FR 71612, 

71679. In the Phase II Rule, EPA stated 

as follows: 

The EPA has recognized NOX as an ozone 

precursor in several national rules because of 

its contribution to ozone transport and the 

ozone nonattainment problem. The EPA’s 

recognition of NOX as an ozone precursor is 

supported by scientific studies, which have 

long recognized the role of NOX in ozone 

formation and transport. Such formation and 

transport is not limited to nonattainment 

areas. Therefore, we believe NOX should be 

treated consistently as an ozone precursor in 

both our PSD and nonattainment NSR 

regulations. For these reasons, we have 

promulgated final regulations providing that 

NOX is an ozone precursor in attainment 

areas. 

The Phase II Rule made changes to 

federal regulations at 40 CFR 51.165 and 

51.166 (which governs the NNSR and 

PSD permitting programs respectively). 

The changes made to the PSD federal 

regulations at 40 CFR 52.21 recognizing 

NOX as an ozone precursor included 

changes to the definitions for ‘‘major 

stationary source’’ (40 CFR 52.21(b)(1)), 

‘‘major modification’’ (40 CFR 

52.21(b)(2)), ‘‘significant’’ (for 

significant emissions rate) (at 40 CFR 

52.21(b)(23)(i)), ‘‘regulated NSR 

pollutant’’ (40 CFR 52.21(b)(50)), and 

the addition of a footnote at 40 CFR 

52.21(i)(5)(i)(f) establishing the 

requirement for ambient air impact 

analysis. The Phase II rule also made 

other revisions to the NSR program; 

however, only the addition of NOX as a 

precursor for ozone is relevant to 

today’s action. 

Pursuant to these requirements, states 

were required to submit SIP revisions 

adopting the relevant federal 

requirements of the Phase II Rule (at 40 

CFR 51.165, 51.166 and 52.21) into their 

SIP no later than June 15, 2007. On 

October 19, 2007, and July 1, 2011, 

Florida submitted SIP revisions (the 

subject of this action) to adopt the 

relevant PSD provisions at 40 CFR 52.21 

into the Florida SIP to be consistent 

with federal regulations for NSR 

permitting purposes promulgated in the 

Phase II Rule. 

III. What is EPA’s analysis of Florida’s 

SIP revisions? 

Florida currently has a SIP-approved 

NSR program for new and modified 

stationary sources. FDEP’s PSD related 

definitions and preconstruction rules 

are found at 62–210.200, F.A.C, and 62– 

212.400, F.A.C. These rules apply to 

major stationary sources or 

modifications constructed in areas 

designated attainment as required under 

Part C of title I of the CAA with respect 

to the NAAQS. The current changes to 

Chapters 62–210, F.A.C., and 62–212, 

F.A.C., which EPA is now proposing to 

approve into the Florida SIP, were 

submitted to update the existing Florida 

regulations to be consistent with the 

federal PSD requirements, promulgated 

in the Phase II Rule. 

Florida’s October 19, 2007, SIP 

revision, which became state effective 

July 16, 2007, revised Chapters 62–210, 

F.A.C., and 62–212, F.A.C., to establish 

NOX as an ozone precursor in the 

Florida SIP. Specifically for rule 62– 

210.200, F.A.C., the SIP revision 

changed the definitions for ‘‘major 

stationary source,’’ ‘‘significant 

emissions rate’’ (or ‘‘significant’’ at 40 

CFR 52.21(b)(23)(i)), and ‘‘PSD 

pollutant’’ 2 (Florida’s equivalent to the 

federal term ‘‘regulated NSR pollutant’’ 

at 40 CFR 52.21(b)(50)) to include the 

term ‘‘nitrogen oxides.’’ Florida defines 

‘‘PSD Pollutant’’ at rule 62–210.200, 

F.A.C., as ‘‘any pollutant listed as 

having a significant emissions rate.’’ 

Florida’s October 19, 2007, SIP revision 

(the subject of this action) amends the 

definition of ‘‘significant emissions 

rate’’ to adopt the Phase II Rule 

provisions by listing NOX for the 

pollutant ‘‘ozone.’’ In doing so, Florida’s 

definition of ‘‘PSD pollutant’’ is also 

amended to establish NOX as an ozone 

precursor. The changes at rule 62– 

212.400, F.A.C., also addressed the 

inclusion of ‘‘nitrogen oxides’’ in the 

footnote at 62–212.400(3)(e)1.e., (as 

amended at 40 CFR 52.21(i)(5)(i)(f)) 

regarding air quality level for ozone. 

The rule at 40 CFR 52.21(i)(5)(i)(f) 

establishes that there is no de minimis 

air quality level for ozone, however any 

source subject to PSD with a net 

increase of 100 tons per year or more of 

volatile organic compounds or NOX is 

required to perform an ambient impact 

analysis. Florida’s October 19, 2007, SIP 

revision also makes clarifying and 

corrective changes to rule 62–212.400, 

F.A.C. First, FDEP amends the 

subsection entitled ‘‘General 

Prohibitions’’ at rule 62–212.400(1) by 

replacing the term ‘‘Prohibitions’’ with 

the term ‘‘Provisions.’’ Second, FDEP 

includes language at rule 62– 

212.400(1)(c) and 62–212.720—Actuals 

Plantwide Applicability Limits (PALs), 

to clarify that the term ‘‘Administrator’’ 

in 40 CFR 52.21 shall mean 

‘‘Department’’ when applying the 

portions of the federal rule cited from 

within the FDEP rules. 

Florida’s July 1, 2011, SIP revision, 

which became state effective October 

12, 2008, revised the definition for 

‘‘major modification’’ to be consistent 

with the definition promulgated in the 

Phase II Rule to include NOX as an 

ozone precursor. In addition, the July 1, 

2011, SIP revision corrected an 

administrative error in the definition of 

‘‘major modification’’ by replacing the 

term ‘‘PSD pollutant’’ with ‘‘regulated 

air pollutant’’ at rule 62– 

210.200(186)(d), F.A.C. Lastly, the July 

1, 2011, SIP revision revises the public 

participation provision at 62– 

212.400(11), F.A.C., to clarify that the 

applicable public notice and 

participation provisions can be found at 

62–210.350, F.A.C., and 62–110.106, 

F.A.C., to satisfy the federal public 

participation requirements. As 

described earlier, Florida’s October 19, 

2007, SIP submission also made changes 

to rule 62–212.400(11), F.A.C., regarding 

applicable public participation 

requirements for PSD permitting. 

However, Florida’s July 1, 2011, SIP 

revision made further changes to the 

public participation provision at rule 

62–212.400(11), F.A.C., and therefore, 

EPA is not taking action to approve 

Florida’s October 19, 2007, revision to 

rule 62–212.400(11), F.A.C. Instead, 

EPA is proposing to approve the 

revision to rule 62–212.400(11), F.A.C., 

included in Florida’s July 1, 2011, SIP 

revision. 

As part of its review of the Florida SIP 

revisions, EPA performed a line-by-line 


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review of the proposed SIP revisions 

including the provision that may differ 

from the federal rules, and determined 

that they are consistent with the 

program requirements for NSR, set forth 

at 40 CFR 51.166. States may meet the 

requirements of 40 CFR part 51 and the 

Phase II Rules with alternative but 

equivalent regulations. 

IV. Proposed Action 

EPA is proposing to approve Florida’s 

October 19, 2007, and July 1, 2011, SIP 

revisions adopting federal regulations 

amended in the Phase II Rule 

recognizing NOx as an ozone precursor 

into the Florida SIP and making 

clarifying and corrective changes at 

Chapters 62–210 and 62–212, F.A.C. 

EPA has made the preliminary 

determination that these SIP revisions 

are approvable because it is in 

accordance with the CAA and EPA 

regulations regarding NSR permitting. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. Accordingly, this proposed 

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 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 CAA; 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 proposed 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone, Oxides of nitrogen, 

Recordkeeping and reporting, Volatile 

organic compounds. 

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

Dated: March 23, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2012–8197 Filed 4–4–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2012–0095; FRL–9656–3] 

RIN 2040–AF33 

Proposed Withdrawal of Certain 

Federal Water Quality Criteria 

Applicable to California, New Jersey 

and Puerto Rico 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to amend 

the federal regulations to withdraw 

human health and aquatic life water 

quality criteria applicable to certain 

waters of New Jersey, Puerto Rico, and 

California’s San Francisco Bay, now that 

those States have adopted and EPA has 

approved relevant state criteria. EPA is 

seeking public comment on its action 

with respect to those state criteria that 

are less stringent than the federally 

promulgated criteria. The withdrawal of 

the federally promulgated criteria will 

enable New Jersey, Puerto Rico, and 

California to implement their EPAapproved water quality criteria. 

DATES: Comments must be received on 

or before June 4, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2012–0095, by one of the following 

methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: ow-docket@epa.gov. 

• Mail to: Water Docket, 

Environmental Protection Agency, 

Mailcode: 28221T, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460. 

Attention Docket ID No. EPA–HQ–OW– 

2012–0095. 

• Hand Delivery: EPA Docket Center, 

EPA West Room 3334, 1301 

Constitution Ave. NW. Washington, DC 

20004. Attention Docket ID No. EPA– 

HQ–OW–2012–0095. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2012– 

0095. EPA’s policy is that all comments 

received 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 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 


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