Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Rules and Regulations 66927 

NEW HAMPSHIRE NON REGULATORY

Name of non regulatory 

SIP provision 

Applicable geographic 

or nonattainment area 

State submittal 

date/effective 

date 

EPA approved date 3 Explanations 

*******

Negative Declarations 

included in New 

Hampshire’s State 

Implementation Plan 

Revision for the 

2006, 2007, and 

2008 Control Techniques Guidelines.

Statewide .................... 07/26/2011 11/8/12 [Insert Federal 

Register page number 

where the document begins].

Includes negative declarations for the following 

CTG categories: Large appliance coatings; 

and automobile and light-duty truck assembly coatings. 

3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

* * * * * 

[FR Doc. 2012–27217 Filed 11–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0382; FRL–9734–6] 

Approval and Promulgation of 

Implementation Plans; Florida 110(a)(1) 

and (2) Infrastructure Requirements for 

the 1997 and 2006 Fine Particulate 

Matter National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the State Implementation Plan 

(SIP) submissions, submitted by the 

State of Florida, through the Florida 

Department of Environmental Protection 

(FDEP), as demonstrating that the State 

meets certain SIP requirements of 

sections 110(a)(1) and (2) of the Clean 

Air Act (CAA or the Act) for the 1997 

annual and 2006 24-hour fine 

particulate matter (PM2.5) national 

ambient air quality standards (NAAQS). 

Section 110(a) of the CAA requires that 

each state adopt and submit a SIP for 

the implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. Florida certified 

that the Florida SIP contains provisions 

that ensure the 1997 annual and 2006 

24-hour PM2 NAAQS are implemented, 

enforced, and maintained in Florida 

(hereafter referred to as ‘‘infrastructure 

submissions’’). Florida’s infrastructure 

submissions, provided to EPA on April 

18, 2008, and September 23, 2009, with 

the exception of element 110(a)(2)(D)(i) 

which will be addressed in a separate 

rulemaking action. 

DATES: This rule is effective December 

10, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0382. 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, i.e., Confidential Business 

Information 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 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: 

Sean Lakeman, 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. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. On 

July 18, 1997 (62 FR 38652), EPA 

promulgated a new annual PM2.5

NAAQS and on October 17, 2006 (71 FR 

61144), EPA promulgated a new 24-hour 

NAAQS. On June 12, 2012, EPA 

proposed to approve Florida’s April 18, 

2008, and September 23, 2009, 

infrastructure submissions for the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

See 77 FR 34906. A summary of the 

background for today’s final action is 

provided below. See EPA’s June 12, 

2012, proposed rulemaking at 77 FR 

34906 for more detail. 

Section 110(a) of the CAA requires 

states to submit SIPs to provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within three years following 

the promulgation of such NAAQS, or 

within such shorter period as EPA may 

prescribe. Section 110(a) imposes the 

obligation upon states to make a SIP 

submission to EPA for a new or revised 

NAAQS, but the contents of that 

submission may vary from depending 

upon the facts and circumstances. The 

data and analytical tools available at the 

time the state develops and submits the 

SIP for a new or revised NAAQS affects 

the content of the submission. The 

contents of such SIP submissions may 

also vary depending upon what 

provisions the state’s existing SIP 

already contains. In the case of the 1997 


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66928 Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Rules and Regulations 

1Two elements identified in section 110(a)(2) are 

not governed by the three year submission deadline 

of section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within three years after promulgation of a new 

or revised NAAQS, but rather are due at the time 

the nonattainment area plan requirements are due 

pursuant to section 172. These requirements are: (1) 

Submissions required by section 110(a)(2)(C) to the 

extent that subsection refers to a permit program as 

required in part D Title I of the CAA, and (2) 

submissions required by section 110(a)(2)(I) which 

pertain to the nonattainment planning requirements 

of part D, Title I of the CAA. Today’s final 

rulemaking does not address infrastructure 

elements related to section 110(a)(2)(I) or the 

nonattainment plan requirements of section 

110(a)(2)(C). 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

3Today’s final rule does not address element 

110(a)(2)(D)(i) (Interstate Transport) for the 1997 

and 2006 PM2.5 NAAQS. 

4This requirement was inadvertently omitted 

from EPA’s October 2, 2007, memorandum entitled 

‘‘Guidance on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8-Hour Ozone 

and PM2.5 National Ambient Air Quality 

Standards,’’ but as mentioned above is not relevant 

to today’s final rulemaking. 

5As noted above, today’s final rulemaking also 

does not address section 110(a)(2)(C) requirements 

related nonattainment area plan requirements and 

section 110(a)(2)(I) requirements. 

annual and 2006 24-hour PM2.5 NAAQS, 

states typically have met the basic 

program elements required in section 

110(a)(2) through earlier SIP 

submissions in connection with 

previous PM NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for ‘‘infrastructure’’ SIP 

requirements related to a newly 

established or revised NAAQS. As 

already mentioned, these requirements 

include SIP infrastructure elements 

such as modeling, monitoring, and 

emissions inventories that are designed 

to assure attainment and maintenance of 

the NAAQS. The requirements that are 

the subject of this final rulemaking are 

listed below 1 and in EPA’s October 2, 

2007, memorandum entitled ‘‘Guidance 

on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8- 

Hour Ozone and PM2.5 National 

Ambient Air Quality Standards.’’ and 

September 25, 2009, memorandum 

entitled ‘‘Guidance on SIP Elements 

Required Under Section 110(a)(1) and 

(2) for the 2006 24-Hour Fine Particle 

(PM2.5) National Ambient Air Quality 

Standards.’’ 

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 

• 110(a)(2)(C): Program for 

enforcement of control measures.2

• 110(a)(2)(D): Interstate transport.3

• 110(a)(2)(E): Adequate resources. 

• 110(a)(2)(F): Stationary source 

monitoring system. 

• 110(a)(2)(G): Emergency power. 

• 110(a)(2)(H): Future SIP revisions. 

• 110(a)(2)(I): Areas designated 

nonattainment and meet the applicable 

requirements of part D.4

• 110(a)(2)(J): Consultation with 

government officials; public 

notification; and PSD and visibility 

protection. 

• 110(a)(2)(K): Air quality modeling/ 

data. 

• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

II. This Action 

EPA is taking final action to approve 

Florida’s infrastructure submissions as 

demonstrating that the State meets 

certain applicable requirements of 

sections 110(a)(1) and (2) of the CAA for 

the 1997 annual and 2006 24-hour PM2.5

NAAQS. Section 110(a) of the CAA 

requires that each state adopt and 

submit a SIP for the implementation, 

maintenance, and enforcement of each 

NAAQS promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. FDEP certified that 

the Florida SIP contains provisions that 

ensure the 1997 annual and 2006 24- 

hour PM2.5 NAAQS are implemented, 

enforced, and maintained in Florida. 

EPA received no adverse comments 

on its June 12, 2012, proposed approval 

of Florida’s April 18, 2008, and 

September 23, 2009, infrastructure 

submissions. Concerning elements 

110(a)(2)(C) and (J), EPA signed a final 

rulemaking action on September 6, 

2012, approving revisions to Florida’s 

New Source Review (NSR) requirements 

addressing elements 110(a)(2)(C) and (J). 

EPA is not taking action today on 

Florida’s NSR program, as these 

requirements are already approved in 

Florida’s SIP. Additionally, on July 30, 

2012, EPA published a final rulemaking 

action addressing the requirements of 

element 110(a)(2)(E)(ii). See 77 FR 

44485. 

EPA is today finalizing its 

determination that Florida’s 

infrastructure submissions, provided to 

EPA on April 18, 2008, and September 

23, 2009, satisfy the required 

infrastructure elements for the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

with the exception of 110(a)(2)(D)(i), 

which will be addressed in a separate 

rulemaking action.5 EPA has 

determined that Florida’s April 18, 

2008, and September 23, 2009, 

submissions are consistent with section 

110 of the CAA. 

III. Final Action 

As already described, EPA has 

determined that FDEP has addressed 

certain elements of the CAA 110(a)(1) 

and (2) SIP requirements pursuant to 

EPA’s October 2, 2007, guidance to 

ensure that 1997 annual and 2006 24- 

hour PM2.5 NAAQS are implemented, 

enforced, and maintained in Florida, 

with the exception of section 

110(a)(2)(D)(i) requirements. EPA is 

taking final action to approve Florida’s 

April 18, 2008, and September 23, 2009, 

submissions for 1997 annual and 2006 

24-hour PM2.5 NAAQS because these 

submissions are consistent with section 

110 of the CAA. Today’s action is not 

approving any specific rule, but rather 

making a determination that Florida’s 

already approved SIP meets certain 

CAA requirements. 

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 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); 


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Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Rules and Regulations 66929 

• 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, 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 January 7, 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: September 13, 2012. 

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 11/8/2012 [Insert citation of publication] ......... With the exception of section 

110(a)(2)(D)(i). 

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

Quality Standards.

9/23/2009 11/8/2012 [Insert citation of publication] ......... With the exception of section 

110(a)(2)(D)(i). 

[FR Doc. 2012–27223 Filed 11–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2010–0930, FRL9750–1] 

Approval and Promulgation of 

Implementation Plans; State of Idaho; 

Regional Haze State Implementation 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve portions of a State 

Implementation Plan (SIP) revision 

submitted by the State of Idaho on 

October 25, 2010, as meeting the 

requirements of Clean Air Act (CAA or 

the Act) sections 169A and 169B and 

federal regional haze regulations. In a 

previous action on June 22, 2011, EPA 

approved portions of the October 25, 

2010, SIP submittal as meeting the 

requirements for interstate transport for 

visibility of CAA section 

110(a)(2)(D)(i)(II) and certain 

requirements of the regional haze rule, 

including the requirements for best 

available retrofit technology (BART). On 

May 22, 2012, EPA proposed to approve 

the remaining portion of the Regional 

Haze SIP submittal, including those 

portions that address CAA provisions 

that require states to set Reasonable 

Progress Goals (RPGs) for their Class I 

areas, and to develop a Long Term 

Strategy (LTS) to achieve these goals. In 

this Federal Register notice, EPA 

finalizes its approval of the remaining 

Regional Haze SIP elements as proposed 

in the May 22, 2012 notice. 

DATES: This action is effective on 

December 10, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2010–0930. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information 


emcdonald on DSK67QTVN1PROD with RULES