Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations 20001 

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 June 3, 2013. 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, 

Nitrogen dioxide, Particulate Matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: March 26, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart K—Florida 

■ 2. Section 52.520(e) is amended by 

adding two new entries for ‘‘110(a)(1) 

and (2) Infrastructure Requirements for 

the 1997 Fine Particulate Matter 

National Ambient Air Quality 

Standards’’ and ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards’’ at the 

end of the table to read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date Federal Register notice Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter National Ambient Air 

Quality Standards.

4/18/2008 4/3/2013 [Insert citation of publication] ......... EPA disapproved the State’s prong 

3 of section 110(a)(2)(D)(i) as it 

relates to GHG PSD permitting 

requirements. 

110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter National Ambient Air 

Quality Standards.

9/23/2009 4/3/2013 [Insert citation of publication] ......... EPA disapproved the State’s prong 

3 of section 110(a)(2)(D)(i) as it 

relates to GHG PSD permitting 

requirements. 

[FR Doc. 2013–07654 Filed 4–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[Docket No.: EPA–R10–OAR–2012–0017; 

FRL–9796–5] 

Approval and Promulgation of 

Implementation Plans; Idaho: 

Sandpoint PM10 Nonattainment Area 

Limited Maintenance Plan and 

Redesignation Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving in part 

and disapproving in part the Limited 

Maintenance Plan (LMP) submitted by 

the State of Idaho on December 14, 

2011, for the Sandpoint nonattainment 

area (Sandpoint NAA) for particulate 

matter with an aerodynamic diameter 

less than or equal to a nominal 10 

micrometers (PM10), and approving the 

State’s request to redesignate this area to 

attainment for the PM10 National 

Ambient Air Quality Standards 

(NAAQS). The EPA is disapproving a 

separable part of the Sandpoint NAA 

LMP that does not meet LMP eligibility 

criteria or applicable requirements 

under the Clean Air Act (CAA). The part 

of the Sandpoint NAA LMP that the 

EPA is approving complies with 

applicable requirements and meets the 

requirements of the CAA for full 

approval. The EPA is also approving the 

State’s redesignation request because it 

meets CAA requirements for 

redesignation. 

DATES: This final rule is effective on 

May 3, 2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2012–0017. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information the 

disclosure of which 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 through 

www.regulations.gov or in hard copy at 

EPA Region 10, Office of Air, Waste and 

Toxics (AWT–107), 1200 Sixth Avenue, 

Suite 900, Seattle, WA 98101. The EPA 

requests that 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: 

Kristin Hall at (206) 553–6357, 

hall.kristin@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

Information is organized as follows: 

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 


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20002 Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations 

I. Background 

On July 1, 1987, the EPA promulgated 

National Ambient Air Quality Standards 

(NAAQS) for particulate matter with a 

nominal aerodynamic diameter less 

than or equal to 10 micrometers (PM10) 

(52 FR 24634). The EPA established a 

24-hour standard of 150 mg/m3 and an 

annual standard of 50 mg/m3, expressed 

as an annual arithmetic mean. The EPA 

also promulgated secondary PM10

standards that were identical to the 

primary standards. In a rulemaking 

action dated October 17, 2006, the EPA 

retained the 24-hour PM10 standard but 

revoked the annual PM10 standard (71 

FR 61144, effective December 18, 2006). 

On August 7, 1987, the EPA 

designated the Sandpoint area as a PM10

nonattainment area due to measured 

violations of the 24-hour PM10 standard 

(52 FR 29383). The notice announcing 

the designation upon enactment of the 

1990 CAA Amendments was published 

on March 15, 1991 (56 FR 11101). On 

November 6, 1991, the Sandpoint 

nonattainment area (Sandpoint NAA) 

was subsequently classified as moderate 

under sections 107(d)(4)(B) and 188(a) 

of the CAA (56 FR 56694). 

After the Sandpoint NAA was 

designated nonattainment for PM10, the 

State worked with the communities of 

Sandpoint, Kootenai, and Ponderay to 

develop a plan to bring the area into 

attainment no later than December 31, 

1996. The State submitted the plan to 

the EPA on August 16, 1996, as a 

moderate PM10 State Implementation 

Plan (SIP) under section 189(a) of the 

CAA. The moderate PM10 SIP included 

a comprehensive residential wood 

combustion program, controls on 

fugitive road dust and emission 

limitations on industrial sources. The 

EPA took final action to approve the 

Sandpoint moderate PM10 SIP on June 

26, 2002 (67 FR 43006). Subsequently 

on June 22, 2010, the EPA determined 

that the Sandpoint NAA attained the 

PM10 NAAQS (75 FR 35302). 

On December 14, 2011, the State 

submitted to the EPA the Sandpoint 

PM10 Limited Maintenance Plan (LMP) 

and requested that the EPA redesignate 

the Sandpoint NAA to attainment for 

the PM10 NAAQS. The State also 

requested to revise control measures in 

the Sandpoint PM10 SIP. On February 1, 

2013, the EPA published a Notice of 

Proposed Rulemaking (NPR) addressing 

the State’s December 14, 2011 submittal 

(78 FR 7340). In the NPR, the EPA 

proposed to approve in part and 

disapprove in part the Sandpoint NAA 

LMP submitted by the State and to 

approve the State’s request to 

redesignate this area to attainment for 

the PM10 NAAQS. A detailed 

description of the proposed partial 

approval and partial disapproval can be 

found in the NPR. The EPA provided a 

30-day review and comment period on 

the NPR, published on February 1, 2013 

(78 FR 7340). The public comment 

period for the EPA’s NPR closed on 

March 4, 2013. The EPA received no 

comments on the proposed action. 

II. Final Action 

The EPA is approving in part and 

disapproving in part the Sandpoint 

NAA LMP submitted by the State on 

December 14, 2011, and approving the 

State’s request to redesignate this area to 

attainment for the PM10 NAAQS. The 

Sandpoint NAA LMP submittal 

included a request to approve revisions 

to the control measures included in the 

PM10 attainment SIP for the Sandpoint 

NAA. The EPA is approving the revised 

Sandpoint City Ordinance 965 for 

control of residential burning because it 

strengthens the SIP. The EPA is also 

approving the State’s request to remove 

the Louisiana-Pacific Corporation— 

Sandpoint operating permit control 

measure from the SIP because the 

facility has ceased operations and has 

been dismantled. However, the EPA is 

disapproving the State’s request to 

remove the operating permits for two 

other sources because these sources are 

still in operation and the State did not 

provide a demonstration that removal of 

the two permits would not interfere 

with attainment or maintenance of the 

NAAQS. In addition, the removal of 

controls that were relied on to 

demonstrate attainment would 

disqualify the Sandpoint NAA for LMP 

eligibility and require that the State 

submit a full maintenance plan. Because 

the State submitted the Sandpoint NAA 

LMP intending to qualify for the LMP 

option, and did not submit a full 

maintenance plan, the EPA is 

disapproving the separable portion of 

the submittal that is not consistent with 

the LMP qualifying criteria. This partial 

disapproval does not prevent the State 

from submitting a request for approval 

of a SIP revision demonstrating that the 

removal of the two operating permits 

does not interfere with attainment or 

maintenance of the NAAQS. 

The EPA’s partial disapproval will be 

simultaneously corrected because the 

EPA is, in this same action, fully 

approving the Sandpoint NAA LMP 

with all control measures in place. 

Therefore, a fully approved LMP is in 

place and no further submittal is 

required from the State to address the 

partial disapproval. 

III. 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, the 

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 Clean Air Act; 

and 

• Does not provide the 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 the EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 


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Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations 20003 

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. The 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 June 3, 2013. 

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, Particulate Matter, and 

Reporting and recordkeeping 

requirements. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

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

Dated: March 18, 2013. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

40 CFR parts 52 and 81 are amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority 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. In paragraph (c) by removing the 

entry for ‘‘City of Sandpoint Ordinance 

No. 965’’ and adding in its place the 

following entry for ‘‘City of Sandpoint 

Chapter 8 Air Quality (4–8–1 through 4– 

8–14).’’ 

■ b. In paragraph (d) by removing the 

entry for ‘‘Louisiana Pacific 

Corporation, Sandpoint, Idaho.’’ 

■ c. In paragraph (e) by adding an entry 

to the end of the table. 

The additions read as follows: 

§ 52.670 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED IDAHO REGULATIONS AND STATUTES

State citation Title/subject State effective date EPA approval date Explanations 

*******

City and County Ordinances 

*******

City of Sandpoint Chapter 

8 Air Quality (4–8–1 

through 4–8–14).

Solid Fuel Heating Appliances.09/21/11 (City adoption 

date).

04/03/13 ............................

[Insert page number where 

the document begins].

Codified version of City of 

Sandpoint Ordinance 

No. 965 as amended by 

Ordinance No. 1237 and 

Ordinance No. 1258. 

Sandpoint PM10 Limited 

Maintenance Plan. 

* * * * * * * 

* * * * * (e) * * * 

EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP 

provision 

Applicable geographic or nonattainment area State 

Submittal 

date 

EPA approval date Comments 

*******

Sandpoint PM10

Nonattainment 

Area Limited 

Maintenance 

Plan.

Bonner County: 

Sandpoint Area.

12/14/2011 04/03/2013 ............

[Insert page number where the 

document begins].


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20004 Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations 

* * * * * PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.313, the table entitled 

‘‘Idaho-PM–10’’ is amended by revising 

the entry for ‘‘Bonner County: 

Sandpoint Area’’ to read as follows: 

§ 81.313 Idaho. 

* * * * * 

IDAHO-PM–10 

Designated area 

Designation Classification 

Date Type Date Type 

*******

Bonner County: Sandpoint Area: Section 1–3, 9–12, 15, 16, 21, 22, 27, 28 of range 2 

west and Township 57 north; and the western d of Sections 14, 23 and 26 of the 

same Township and range coordinates.

06/3/13 Attainment 

* * * * * * * 

* * * * * 

[FR Doc. 2013–07647 Filed 4–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2011–0354; FRL–9797–5] 

RIN 2060–AQ98 

Protection of Stratospheric Ozone: 

Adjustments to the Allowance System 

for Controlling HCFC Production, 

Import, and Export 

AGENCY: Environmental Protection 

Agency [EPA]. 

ACTION: Final rule. 

SUMMARY: EPA is adjusting the 

allowance system controlling U.S. 

consumption and production of 

hydrochlorofluorocarbons (HCFCs) as a 

result of a 2010 Court decision vacating 

a portion of the 2009 final rule titled 

‘‘Protection of Stratospheric Ozone: 

Adjustments to the Allowance System 

for Controlling HCFC Production, 

Import, and Export.’’ EPA interprets the 

Court’s vacatur as applying to the part 

of the rule that establishes the companyby-company baselines and calendar year 

allowances for HCFC–22 and HCFC– 

142b. On August 5, 2011, EPA 

published an interim final rule 

allocating allowances for 2011. Today’s 

action relieves the regulatory ban on 

production and consumption of these 

two chemicals following the Court’s 

vacatur by establishing company-bycompany HCFC–22 and HCFC–142b 

baselines and allocating production and 

consumption allowances for 2012–2014. 

DATES: This final rule is effective April 

3, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2011–0354. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 through 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket and 

Information Center, EPA/DC, EPA West, 

Room 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 Air and Radiation 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Luke H. Hall-Jordan by telephone at 

(202) 343–9591, or by email at halljordan.luke@epa.gov, or by mail at U.S. 

Environmental Protection Agency, 

Stratospheric Protection Division 

(6205J), 1200 Pennsylvania Ave. NW., 

Washington, DC 20460. You may also 

visit the Web site of EPA’s Stratospheric 

Protection Division at www.epa.gov/ 

ozone/strathome.html for further 

information about EPA’s Stratospheric 

Ozone Protection regulations, the 

science of ozone layer depletion, and 

related topics. 

SUPPLEMENTARY INFORMATION: 

Effective Date. This rule concerns 

Clean Air Act (CAA) restrictions on the 

consumption and production of 

hydrochlorofluorocarbon (HCFC)-22 and 

HCFC–142b during 2012–2014. Section 

553(d) of the Administrative Procedure 

Act (APA), 5 U.S.C. chapter 5, generally 

provides that rules may not take effect 

earlier than 30 days after they are 

published in the Federal Register. EPA 

is issuing this final rule under section 

307(d)(1) of the Clean Air Act, which 

states: ‘‘The provisions of section 553 

through 557 * * * of Title 5 shall not, 

except as expressly provided in this 

section, apply to actions to which this 

subsection applies.’’ Thus, section 

553(d) of the APA does not apply to this 

rule. EPA is nevertheless acting 

consistently with the policies 

underlying APA section 553(d) in 

making this rule effective April 3, 2013. 

APA section 553(d) allows an effective 

date less than 30 days after publication 

for any action ‘‘that grants or recognizes 

an exemption or relieves a restriction,’’ 

(5 U.S.C. 553(d)(1)). Since today’s action 

relieves a restriction from the regulatory 

ban on the production and consumption 

of HCFC–22 and HCFC–142b in the 

U.S., EPA is making this action effective 

immediately upon publication to ensure 

the availability of these HCFCs for 

servicing air conditioning and 

refrigeration equipment. 

Acronyms and Abbreviations. The 

following acronyms and abbreviations 

are used in this document. 

CAA—Clean Air Act 

CAAA—Clean Air Act Amendments of 1990 

CFC—Chlorofluorocarbon 

CDM—Clean Development Mechanism 

CFR—Code of Federal Regulations 

EPA—Environmental Protection Agency 

FR—Federal Register 

HCFC—Hydrochlorofluorocarbon 

HVAC—Heating, Ventilating, and Air 

Conditioning 

Montreal Protocol—Montreal Protocol on 

Substances that Deplete the Ozone Layer 


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