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62452 Federal Register/Vol. 77, No. 199/Monday, October 15, 2012/Rules and Regulations

therefore, no sanctions will be triggered.

This final action triggers the

requirement under section 110(c) that

EPA promulgate a Federal

Implementation Plan (FIP) no later than

2 years from the date of the disapproval

unless the State corrects the deficiency,

and the Administrator approves the

plan or plan revision before the

Administrator promulgates such FIP.

IV. 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 final action

disapproves state law because it does

not meet federal requirements. 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.

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 CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by December 14, 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

30 7(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Dated: September 27, 2012.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

40 CFR part 52 is amended as follows:

PART 52-APPROVAL AND

PROMULGATION OF

IMPLEMENTATION PLANS

m 1. The authority citation for part 52

continues to read as follows:

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

Subpart B-Alabama

* 2. Section 52.62 is amended by adding

paragraph (e), to read as follows:

§ 52.62 Control strategy: Sulfur oxides and

particulate matter.

(e) Disapproval. EPA is disapproving

portions of Alabama's Infrastructure SIP

for the 1997 annual and 2006 24-hour

PM2 .5 NAAQS addressing section

110(a)(2)(E)(ii) that requires the State to

comply with section 128 of the CAA.

[FR Doe. 2012-25149 Filed 10-12-12; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR part 52

[EPA-R09-OAR-2012-0244; FRL-9713-4]

Approval and Promulgation of

Implementation Plans; State of

Arizona; Prevention of Air Pollution

Emergency Episodes

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the State of Arizona to

address the requirements regarding air

pollution emergency episodes in Clean

Air Act (CAA or Act).

DATES: This final rule is effective on

November 14, 2012.

ADDRESSES: EPA has established a

docket for this action, identified by

Docket ID Number EPA-R09-OAR2012-0244. The index to the docket for

this action is available electronically at

http://www.regulations.gov and in hard

copy at EPA Region IX, 75 Hawthorne

Street, San Francisco, California 94105-

3901. While all documents in the docket

are listed in the index, some

information may be publicly available

only at the hard copy location (e.g.,

copyrighted material), and some may

not be publicly available in either

location (e.g., confidential business

information). To inspect the hard copy

materials, please schedule an

appointment during normal business

hours with the contact listed directly

below.

FOR FURTHER INFORMATION CONTACT:

Jeffrey Buss, Air Planning Office (AIR2), U.S. Environmental Protection

Agency, Region IX, (415) 947-4152,

buss.jeffrey@epa.gov.
Federal Register/Vol. 77, No. 199 / Monday, October 15, 2012 / Rules and Regulations

SUPPLEMENTARY INFORMATION:

Throughout this document, the terms "we," "us," and "our" refer to EPA.

Table of Contents

I. Background

II. Final Action

I1. Statutory and Executive Order Reviews

I. Background

On April 12, 2012 (77 FR 21911), EPA

proposed to approve a SIP revision

submitted by the State of Arizona to

address the requirements regarding air

pollution emergency episodes in CAA

section 110(a)(2)(G). Section

110(a)(2)(G) requires that each SIP

provide for authority comparable to that

in section 303 of the Act ("Emergency

Powers") and adequate contingency

plans to implement such authority. EPA

proposed to approve Arizona's SIP

revision as meeting the authority and

contingency plans for the 1997 8-hour

ozone National Ambient Air Quality

Standard (NAAQS).

The rationale supporting EPA's

action, including the scope of

infrastructure SIPs in general, is

explained in the Notice of Proposed

Rulemaking (NPR) and in the technical

support document (TSD) for that action

and will not be restated here. The TSD

is available online at http://

www.regulations.gov, Docket ID number

EPA-R09-OAR-2012-0244. No public

comments were received on the NPR.

II. Final Action

EPA is approving Arizona's SIP

revision as meeting the authority and

contingency plans for the 1997 8-hour

ozone National Ambient Air Quality

Standards (NAAQS or standards).

The Arizona Emergency Episode Plan

is substantively identical to the CAA

section 110(a)(2)(G) rule currently

approved into Arizona's SIP (R9-3-219,

"Air pollution emergency episodes"),

which EPA approved in 1982 (47 FR

42572, September 28, 1982), with one

exception which makes it more

stringent than the SIP program. We

determine that our approval of this

submittal would comply with CAA

section 110(1), because the SIP revision

would not interfere with the ongoing

process for ensuring that requirements

for reasonable further progress (RFP)

and attainment of the NAAQS are met,

and the submitted SIP revision is more

stringent than the rule previously

approved into the SIP. We also

determine that our approval of the

submittal would comply with CAA

section 193, to the extent it applies,

because the SIP revision would ensure

equivalent or greater emission

reductions of ozone precursors

compared to the SIP-approved rule.

Therefore, EPA is removing the

superseded Rule R9-3-219 from the SIP

and approving Rule R18-2-220 and the

"Procedures for Prevention of

Emergency Episodes," into the 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

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.

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 December 14,

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,

Oxides of nitrogen, Ozone, Particulate

matter, Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: July 26, 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]

m 1. The authority citation for part 52

continues to read as follows:

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

62453
62454 Federal Register/Vol. 77, No. 199/Monday, October 15, 2012/Rules and Regulations

Subpart D-Arizona

* 2. Section 52.120 is amended by

adding paragraphs (c)(54)(i)(F) and

(c)(151) to read as follows:

§ 52.120 Identification of plan. * * * * *

(c) * * * (54) * * *

(i) * * *

(F) Previously approved on September

28, 1982, in paragraph (54)(i)(C), and

now deleted without replacement: R9-

3-219.

(151) The following plan revisions

were submitted on August 15, 1994 by

the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Department of

Environmental Quality.

(1) Rule R18-2-220, Air pollution

emergency episodes, Department of

Environmental Quality-Air Pollution

Control, amended effective September

26, 1990.

(2) A letter from Eric C. Massey,

Director, Air Quality, Arizona

Department of Environmental Quality,

to Jared Blumenfeld, Regional

Administrator, US EPA, dated August

30, 2012, certifying that the attached

copy of a document titled "Procedures

for Prevention of Emergency Episodes:

1988 Edition" is a true and correct copy

of the original and is an official

publication of the Arizona Department

of Environmental Quality.

(3) "Procedures for Prevention of

Emergency Episodes," 1988 edition,

Arizona Department of Environmental

Quality.

[FR Doe. 2012-25022 Filed 10-12-12; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-R04-OAR-2008-0177; FRL-9740-9]

Approval and Promulgation of

Implementation Plans; Portion of York

County, South Carolina Within

Charlotte-Gastonia-Rock Hill, North

Carolina-South Carolina 1997 8-Hour

Ozone Nonattainment Area;

Reasonable Further Progress Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve two state

implementation plan (SIP) revisions,

submitted by the South Carolina

Department of Health and

Environmental Control (SC DHEC), on

August 31, 2007, and April 29, 2010, to

address the reasonable further progress

(RFP) plan requirements for the 1997 8-

hour ozone national ambient air quality

standards (NAAQS) for the portion of

York County, South Carolina that is

within the bi-state Charlotte-GastoniaRock Hill 1997 8-hour ozone

nonattainment area. The CharlotteGastonia-Rock Hill, North CarolinaSouth Carolina 1997 8-hour ozone

nonattainment area (hereafter referred to

as the "bi-state Charlotte Area") is

comprised of Cabarrus, Gaston, Lincoln,

Mecklenburg, Rowan, Union and a

portion of Iredell (Davidson and Coddle

Creek Townships) Counties in North

Carolina; and a portion of York County

in South Carolina (hereafter referred to

as "the York County Area"). EPA is also

providing the status of its adequacy

determination for the motor vehicle

emissions budgets (MVEB) for volatile

organic compounds (VOC) that were

included in South Carolina's RFP plan.

Further, EPA is approving these MVEB.

These actions are being taken pursuant

to section 110 of the Clean Air Act (CAA

or Act). EPA will take action on North

Carolina's RFP plan for its portion of the

bi-state Charlotte Area, in a separate

action.

DATES: This direct final rule is effective

December 14, 2012 without further

notice, unless EPA receives adverse

comment by November 14, 2012. If EPA

receives such comments, it will publish

a timely withdrawal of the direct final

rule in the Federal Register and inform

the public that the rule will not take

effect.

ADDRESSES: Submit your comments,

identified by Docket ID Number, "EPAR04-OAR-2008-0177," by one of the

following methods:

1. www.regulations.gov: Follow the

on-line instructions for submitting

comments.

2. Email: R4-RDS@epa.gov.

3.Fax:404-562-9019.

4. Mail: "EPA-R04-OAR-2008-

0177," 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 a.m. to 4:30 p.m., excluding

federal holidays.

Instructions: Direct your comments to

Docket ID Number, "EPA-R04-OAR2008-0177." 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

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.,