Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 76417 

PART 81—[AMENDED] 

■ 1. The authority citation for Part 81 

continues to read as follows: 

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

■ 2. Section 81.349 is amended by 

revising the PM2.5 (Annual NAAQS) 

table entry for the Huntington-Ashland, 

WV-KY-OH Area to read as follows: 

§ 81.349 West Virginia 

* * * * * 

WEST VIRGINIA—PM2.5 (ANNUAL NAAQS) 

Designated area 

Designation a

Date 1 Type 

* * * * * * * 

Huntington-Ashland, WV-KY-OH 

Cabell County ....................................................................................................................................................... 12/28/12 Attainment. 

Mason County (part) ............................................................................................................................................. 12/28/12 Attainment. 

Graham Tax District.

Wayne County ...................................................................................................................................................... 12/28/12 Attainment. 

* * * * * * * 

a Includes Indian County located in each county or area, except otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

* * * * * 

[FR Doc. 2012–31064 Filed 12–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0685; FRL–9726–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Idaho; 

Update to Materials Incorporated by 

Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: EPA is updating the materials 

submitted by Idaho that are 

incorporated by reference (IBR) into the 

Idaho State Implementation Plan (SIP). 

The regulations affected by this update 

have been previously submitted by the 

Idaho Department of Environmental 

Quality (IDEQ) and approved by EPA. 

This update affects the SIP materials 

that are available for public inspection 

at the National Archives and Records 

Administration (NARA), the Air and 

Radiation Docket and Information 

Center located at EPA Headquarters in 

Washington, DC, and the EPA Regional 

Office. 

DATES: Effective Date: This action is 

effective December 28, 2012. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: EPA Region 10, 

Office of Air, Waste, and Toxics (AWT– 

107), 1200 Sixth Avenue, Suite 900, 

Seattle, Washington 98101; the Air and 

Radiation Docket and Information 

Center, U.S. Environmental Protection 

Agency, 1301 Constitution Avenue NW., 

Room Number 3334, EPA West 

Building, Washington, DC 20460; or the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Donna Deneen, EPA Region 10, Office of 

Air, Waste, and Toxics (AWT–107), 

1200 Sixth Avenue, Seattle, Washington 

98101, or at (206) 553–6706. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The SIP is a living document which 

the State revises as necessary to address 

its unique air pollution problems. 

Therefore, EPA from time to time must 

take action on SIP revisions containing 

new and/or revised regulations as being 

part of the SIP. On May 22, 1997 (62 FR 

27968), EPA revised the procedures for 

incorporating by reference Federallyapproved SIPs, as a result of 

consultations between EPA and the 

Office of the Federal Register (OFR). The 

description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997, Federal Register document. 

On January 25, 2005, EPA published a 

document in the Federal Register 

beginning the new IBR procedure for 

Idaho. 70 FR 9450. Since the 

publication of the January 25, 2005, 

Federal Register document, EPA has 

approved regulatory changes to the 

Idaho Administrative Procedures Act 

(IDAPA) 58.01.01. These approved 

changes are identified in the following 

Federal Register notices: 70 FR 

58311(October 6, 2005), 71 FR 39574 

(July 13, 2006), 73 FR 44915 (August 1, 

2008), 75 FR 72705 (November 26, 

2010), 75 FR 72719 (November 26, 

2010), 76 FR 33651 (June 9, 2011), 76 FR 

36329 (June 22, 2011), and 77 FR 41916 

(July 17, 2012). 

II. EPA Action 

In this action, EPA is doing the 

following: 

A. In paragraph 52.670(b), 

announcing the update to the IBR 

material as of August 16, 2012. 

B. In paragraph 52.670(c): 

1. Removing the section heading 

‘‘EPA–APPROVED IDAHO 

REGULATIONS’’ and adding in its place 

‘‘EPA–APPROVED IDAHO 

REGULATIONS AND STATUTES’’; 

2. Correcting the entry for IDAPA 

58.01.01.470 by removing ‘‘Permit 

Application Fees for Tier II Permits’’ 

and replacing it with ‘‘Reserved’’ 

consistent with our proposed action on 

March 18, 2010 (75 FR 13058) and our 

final action on November 26, 2010 (75 

FR 72719); and 

3. Removing the entries for IDAPA 

58.01.01.726 through 729, consistent 

with our proposed action on March 18, 

2010 (75 FR 13058) and our final action 

on November 26, 2010 (75 FR 72719). 

C. In paragraph 52.683, revising the 

language to reflect the approvals made 

on July 17, 2012 (77 FR 41916), that 

were erroneously not reflected in 

paragraph 52.683. 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 


srobinson on DSK4SPTVN1PROD with 
76418 Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation and section 

553(d)(3) which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

State programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

removing outdated citations and 

incorrect table entries. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the Clean Air Act (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. 

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 rule 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. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

EPA has also determined that the 

provisions of section 307(b)(1) of the 

CAA pertaining to petitions for judicial 

review are not applicable to this action. 

Prior EPA rulemaking actions for each 

individual component of the Idaho SIP 

compilations had previously afforded 

interested parties the opportunity to file 

a petition for judicial review in the 

United States Court of Appeals for the 

appropriate circuit within 60 days of 

such rulemaking action. Thus, EPA sees 

no need in this action to reopen the 60- 

day period for filing such petitions for 

judicial review for this ‘‘Identification of 

plan’’ update action for Idaho. 

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 record keeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 27, 2012. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority for citation for part 52 

continues to read as follows: 

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

Subpart N—Idaho 

■ 2. Section 52.670 is amended by: 

■ a. Revising paragraph (b); and 

■ b. Amending the table in paragraph (c) 

by: 

■ i. Removing the table heading ‘‘EPA– 

APPROVED IDAHO REGULATIONS’’ 

and adding in its place ‘‘EPA— 

APPROVED IDAHO REGULATIONS 

AND STATUTES’’; 

■ ii. Revising the entry for 470; and 

■ iii. Removing entries 726 through 729. 

■ The revisions read as follows: 

§ 52.670 Identification of plan. 

* * * * * 

(b) Incorporation by reference. (1) 

Material listed as incorporated by 

reference in paragraphs (c) and (d) was 

approved for incorporation by reference 

by the Director of the Federal Register 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. The material 

incorporated is as it exists on the date 

of the approval, and notice of any 

change in the material will be published 

in the Federal Register. Entries in 

paragraphs (c) and (d) of this section 

with EPA approval dates on or after 

August 16, 2012, will be incorporated 

by reference in the next update to the 

SIP compilation. 

(2)(i) EPA Region 10 certifies that the 

rules and regulations provided by EPA 

at the addresses in paragraph (b)(3) of 

this section are an exact duplicate of the 

officially promulgated State rules and 

regulations which have been approved 

as part of the State implementation plan 

as of August 16, 2012. 

(ii) EPA Region 10 certifies that the 

source-specific requirements provided 

by EPA at the addresses in paragraph 

(b)(3) of this section are an exact 

duplicate of the officially promulgated 

source-specific requirements which 

have been approved as part of the State 

implementation plan as of August 16, 

2012. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the EPA Region 10 Office 

of Air, Waste, and Toxics (AWT–107), 

1200 Sixth Avenue, Seattle, Washington 

98101; For further information, call 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 76419 

(206) 553–6706; the EPA, Air and 

Radiation Docket and Information 

Center, Room Number 3334, EPA West 

Building, 1301 Constitution Avenue 

NW., Washington, DC 20460. For further 

information, call (202) 556–1742; or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/code_of_federal_

regulations/ibr_locations.html. 

(c) EPA-approved regulations. 

EPA-APPROVED IDAHO REGULATIONS AND STATUTES

State Citation Title/Subject State effective 

date EPA approval date Explanations 

* * * * * * * 

470. ................................................................................... Reserved ................... 5/22/03 11/26/10, 75 FR 

72719.

* * * * * * * 

■ 3. Section 52.683 is amended by 

revising paragraph (a) to read as follows. 

§ 52.683 Significant deterioration of air 

quality. 

(a) The State of Idaho Rules for 

Control of Air Pollution in Idaho, 

specifically, IDAPA 58.01.01.005 

through 007 (definitions), IDAPA 

58.01.01.107.03.a, b, c, p, and q 

(incorporations by reference), IDAPA 

58.01.01.200 through 222 (permit to 

construct rules), IDAPA 58.01.01.510 

through 516 (stack height rules), and 

IDAPA 58.01.01.575 through 581 

(standards, increments and area 

designations) except Section 577, are 

approved as meeting the requirements 

of title I, part C, subpart 1 of the Clean 

Air Act for preventing significant 

deterioration of air quality. 

* * * * * 

[FR Doc. 2012–31065 Filed 12–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 716 

[EPA–HQ–OPPT–2011–0363; FRL–9375–3] 

RIN 2070–AJ89 

Health and Safety Data Reporting; 

Addition of Certain Chemicals; 

Withdrawal of Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; withdrawal. 

SUMMARY: EPA is withdrawing the final 

Toxic Substances Control Act (TSCA) 

section 8(d) Health and Safety Data 

Reporting Rule that it issued on 

December 3, 2012. The health and safety 

data reporting rule would have required 

manufacturers (including importers) of 

cadmium or cadmium compounds, 

including as part of an article, that have 

been, or are reasonably likely to be, 

incorporated into consumer products to 

report certain unpublished health and 

safety studies to EPA. 

DATES: The final rule published on 

December 3, 2012 at 76 FR 71561 is 

withdrawn effective December 28, 2012. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2011–0363, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC. 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 OPPT Docket is (202) 

566–0280. Please review the visitor 

instructions and additional information 

about the docket available at http:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Mark 

Seltzer, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–2901; email address: 

seltzer.mark@epa.gov or Mike 

Mattheisen, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–3077; email address: 

mattheisen.mike@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be affected by this 

withdrawal if you are a manufacturer 

(including importer) of cadmium or 

cadmium compounds, including as part 

of an article, that have been, or are 

reasonably likely to be, incorporated 

into consumer products. 

B. What action is the agency taking? 

In the Federal Register issue of 

December 3, 2012 (77 FR 71561) (FRL– 

9355–9), EPA issued a health and safety 

data reporting rule that would have 

required manufacturers (including 

importers) of cadmium or cadmium 

compounds, including as part of an 

article, that have been, or are reasonably 

likely to be, incorporated into consumer 

products to report certain unpublished 

health and safety studies to EPA. EPA 

has good cause to withdraw the final 

rule. 

In this document, EPA is withdrawing 

the final health and safety data reporting 

rule that it issued pursuant to TSCA 

section 8(d) on December 3, 2012. Since 

the final rule’s issuance, EPA has 

received a number of letters, including 

requests for withdrawal under 

§ 716.105(c)–(d), asking questions and 

raising concerns about the scope and 

extent of the immediate final rule that 

indicate that there is significant 

confusion and uncertainty about the 

final rule in certain industrial sectors 

subject to the final rule. For example, 

EPA received comments that the 

regulatory text did not clearly specify 

which additional industrial sectors 

beyond those subject to reporting in 

§ 716.5(a) must report unpublished 

health and safety studies, as required by 

§ 716.5(b). EPA believes that some of the 

points raised in the letters warrant 

additional consideration by the Agency. 

Comments received by EPA are 

available in the docket under docket ID 

number EPA–HQ–OPPT–2011–0363. 


srobinson on DSK4SPTVN1PROD with