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Citation: 77 Fed. Reg. 62452 2012

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

therefore, no sanctions willbe triggered. This final action triggers the requirement under section 110(c) that EPA promulgate a Federal Implementation Plan (FIP)no later than 2years from the date ofthe disapproval unless the State corrects the deficiency, andthe Administrator approves the plan or plan revision before the Administrator promulgates such FIP.

IV. Statutory andExecutive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions ofthe Act and applicable federalregulations. 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 lawbecause itdoes
not meet federal requirements. For that
reason, this action:

* Is not a "significant regulatory action" subject to reviewby the Office ofManagement and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

* Does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 etseq.);

* 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 etseq.);

* Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of1995 (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 actionbased onhealth 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 (66FR 28355, May 22, 2001);

* Is not subject to requirements of Section 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application ofthose 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 ontribal governments or preempt tribal law.

The Congressional Review Act, 5 U.S.C. 801 etseq., as added bythe Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore a rulemay take effect, the agency promulgating the rule must submit a rule report, which includes a copy ofthe rule, to each House ofthe Congress and tothe Comptroller General ofthe United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe rule in the Federal Register. A major rule
cannot take effect until 60 days afterit is published in theFederal Register. This action is not a "major rule" as defined by 5U.S.C. 804(2).

Under section 307(b)(1) ofthe CAA, petitions forjudicial review ofthis action must be filed in the United States Court ofAppeals for the appropriate circuit byDecember 14, 2012. Filing a petition for reconsideration by the Administrator ofthis finalrule does not affect the finality of this action for the
purposes ofjudicial review nor does it extend the time within which apetition forjudicial review maybe filed, and shall not postpone the effectiveness of such rule or action. This action maynot be challenged later in proceedings to enforce its requirements. Seesection 307(b)(2).

List of Subjects in40 CFRPart52

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, ActingRegionalAdministrator, Region4.

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 etseq. Subpart B-Alabama

* 2.Section 52.62 is amendedbyadding paragraph (e), toread as follows:
§52.62 Control strategy: Sulfuroxidesand particulate matter.

(e)Disapproval. EPA is disapproving portions ofAlabama's Infrastructure SIP for the 1997 annual and 2006 24-hour PM2.5NAAQS addressing section 110(a)(2)(E)(ii) thatrequires the State to comply with section 128 ofthe CAA.

[FRDoe. 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 ofAirPollution Emergency Episodes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision submitted by the State ofArizona to address the requirements regarding air pollution emergency episodes in Clean Air Act (CAA orAct).
DATES: This final rule iseffective on November 14, 2012. ADDRESSES: EPA has established a docketfor 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.govand in hard
copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105- 3901. While all documents inthe docket

are listed in the index, some information maybe 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 normalbusiness 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 ofContents

I.Background II.FinalAction I1. Statutory andExecutive Order Reviews

I. Background

On April 12, 2012 (77 FR 21911), EPA proposed to approve a SIP revision submitted by the State ofArizona 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 tothat in section 303 ofthe 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 theNotice ofProposed 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 ofthis 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 ofthe NAAQS are met, andthe submitted SIP revision is more stringent than the rule previously approved into the SIP. We also determine that our approval ofthe submittal would comply with CAA section 193, to the extent it applies, because the SIP revision would ensure equivalent or greater emission reductions ofozone precursors compared tothe SIP-approved rule. Therefore, EPA isremoving the superseded Rule R9-3-219 from the SIP and approving Rule R18-2-220 andthe "Procedures for Prevention of Emergency Episodes," into the SIP.

III. Statutoryand Executive Order Reviews

Under the Clean Air Act,the Administrator is required to approve a SIP submission that complies with the provisions ofthe Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role isto approve State choices, provided that they meet the criteria ofthe Clean AirAct. Accordingly, this action merely
approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. Forthatreason, this action: * Is not a "significant regulatory action" subject toreview by the Office ofManagement and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); * Does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 etseq.); * 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 etseq.); * 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 actionbased on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

* Is not a significant regulatory action subject toExecutive Order 13211 (66 FR 28355, May 22, 2001);

* Is not subject to requirements of Section 12(d) ofthe National Technology Transfer and Advancement Act of1995 (15 U.S.C. 272 note)because application ofthose 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, andlegally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does nothave 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 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore a rule may take effect, the agency promulgating the rulemust submita rule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United Statesprior to publication ofthe rule in the FederalRegister. A majorrule
cannot take effectuntil 60 days after it is published in the Federal Register. This action is not a "major rule" as defined by 5U.S.C. 804(2).

Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review of this action must be filed inthe United States Court ofAppeals 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 ofthis action for the purposes ofjudicial review nordoes itextend the time within which a petitionfor judicial review may be filed, and shall not postpone the effectiveness ofsuch rule

oraction. This action may notbe challenged later in proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFRPart52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Oxides ofnitrogen, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: July 26, 2012. JaredBlumenfeld,
Regional Administrator,RegionIX.
Part 52, chapter I,title 40 ofthe Code ofFederal Regulations is amended as follows:

PART52-[AMENDED]

m 1. The authority citationfor part52 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 Identificationofplan.

* * * * *

(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)Aletter from Eric C. Massey, Director, Air Quality, Arizona Department ofEnvironmental Quality,
to Jared Blumenfeld, Regional Administrator, US EPA, dated August 30, 2012, certifying that the attached
copy ofa document titled "Procedures for Prevention ofEmergency Episodes: 1988 Edition" isa true and correct copy ofthe original and is an official publication ofthe Arizona Department ofEnvironmental Quality.

(3) "Procedures for Prevention of Emergency Episodes," 1988 edition, Arizona Department ofEnvironmental 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 ofYork 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 ofHealth 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 ofCabarrus, Gaston, Lincoln, Mecklenburg, Rowan, Union and a portion ofIredell (Davidson and Coddle Creek Townships) Counties in North Carolina; and a portion ofYork County in South Carolina (hereafter referred to

as "the YorkCounty Area"). EPA is also providing the status of its adequacy determination for the motorvehicle 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 ofthe Clean Air Act (CAA

or Act). EPA will take action onNorth Carolina's RFP plan for itsportion ofthe bi-state Charlotte Area, in a separate action.
DATES: This direct finalrule is effective December 14, 2012 without further notice, unless EPA receives adverse
comment by November 14, 2012. IfEPA receives such comments, itwill publish

a timely withdrawal ofthe direct final rule in the Federal Register andinform the public thatthe rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number, "EPAR04-OAR-2008-0177," by one ofthe 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.HandDeliveryorCourier: 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 ofbusiness 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 willbe 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 tobe Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.govor email, information thatyou consider to be CBI

orotherwise protected. The www.regulations.govWeb site is an "anonymous access" system, which

means EPA will not know your identity

orcontact information unless you provide itin thebody ofyour comment. Ifyou send an email comment directly
to EPA without going through www.regulations.gov,your email address will be automatically captured andincluded as part ofthe comment that isplaced in the public docket and made available on the Internet. Ifyou submit an electronic comment, EPA recommends thatyou include your

name and other contact information in the body ofyour comment andwith any disk orCD-ROM you submit. IfEPA
cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may notbe able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, andbe free ofany defects or viruses. Foradditional information about EPA's public docketvisit 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.govindex. Although listed in the index, some information is
not publicly available, i.e., CBIor 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.govor 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.,