43000 Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 

Dated: June 25, 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 RR—Tennessee 

■ 2. Section 52.2219 is added to read as 

follows: 

§ 52.2219 Conditional approval. 

Conditional Approval—Submittal 

from the State of Tennessee, through the 

Department of Environment and 

Conservation (TDEC), dated December 

14, 2007, to address the Clean Air Act 

(CAA) infrastructure requirements for 

the 1997 8-hour ozone National 

Ambient Air Quality Standards. On 

March 28, 2012, TDEC supplemented 

their December 14, 2007, submission 

with a commitment to address the 

deficient requirements of CAA section 

110(a)(2)(E)(ii) of the CAA, which 

requires state compliance with section 

128(a)(1) of the CAA. EPA is 

conditionally approving Tennessee’s 

submittal with respect to CAA section 

110(a)(2)(E)(ii) specifically related to the 

adoption of enforceable measures 

contained in CAA section 128(a)(1). 

■ 3. Section 52.2220(e) is amended by 

adding a new entry ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 1997 

8-Hour Ozone National Ambient Air 

Quality Standards’’ at the end of the 

table to read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State effective 

date EPA approval date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 

1997 8-Hour Ozone National Ambient Air Quality 

Standards.

Tennessee ........................ 12/14/2007 7/23/2012 [Insert citation 

of publication].

[FR Doc. 2012–17644 Filed 7–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0042; FRL–9702–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Offset Lithographic Printing 

and Letterpress Printing Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maryland. The 

revision pertains to amendments to the 

Code of Maryland (COMAR) 

26.11.19.11, Lithographic and 

Letterpress Printing. EPA is approving 

the revision to meet the requirements to 

adopt Reasonably Available Control 

Technology (RACT) for sources covered 

by EPA’s Control Techniques 

Guidelines (CTG) for offset lithographic 

printing and letterpress printing in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

August 22, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0042. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (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 for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 14, 2012 (77 FR 28336), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. The NPR proposed approval 

of amendments to COMAR 26.11.19.11, 

Lithographic and Letterpress Printing. 

The amendments adopt EPA’s CTG for 

lithographic and letterpress printing. 

The formal SIP revision (#11–09) was 

submitted by the Maryland Department 

of the Environment (MDE) on December 

15, 2011. Additional background 

information behind this SIP revision is 

discussed in detail in the NPR. 

II. Summary of SIP Revision 

This SIP revision consists of 

amendments to COMAR 26.11.19.11 to 

adopt a new CTG for offset lithographic 

printers and letterpress printers, entitled 

Control Techniques Guidelines for 

Offset Lithographic Printing and 

Letterpress Printing (see EPA 453/R–06– 

002). A detailed summary of EPA’s 

review of and rationale for approving 

this SIP revision may be found in the 

TSD for this action which is available in 

the docket. No public comments were 

received on the NPR. 

III. Final Action 

EPA is approving the Maryland SIP 

revision which adopts the CTG 

standards for offset lithographic printing 

and letterpress printing into the Code of 

Maryland. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the 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 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 43001 

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 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). 

C. Petitions for Judicial Review 

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 September 21, 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 

pertaining to the amendments of the 

Code of Maryland to adopt EPA’s CTG 

for lithographic printing and letterpress 

printing, may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2) of the CAA.) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 10, 2012. 

W. C. Early, 

Acting Regional Administrator, Region III. 

Therefore, 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. 

■ 2. In § 52.1070, the table in paragraph 

(c) is amended by revising the entry for 

COMAR 26.11.19.11 to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP 

Code of 

Maryland 

Administrative 

Regulations (COMAR) 

citation 

Title/subject 

State 

effective 

date 

EPA approval date 

Additional explanation/ 

citation at 40 CFR 

52.1100 

*******

26.11.19 Volatile Organic Compounds from Specific Processes 

*******

26.11.19.11 .................... Lithographic and Letterpress Printing .................. 10/31/11 7/23/12 ..........................

[Insert page number 

where the document 

begins].

Sections .11A through 

.11E are revised; sections .11F through 

.11H are added. 

* * * * * * * 

mstockstill on DSK4VPTVN1PROD with RULES

43002 Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 

* * * * * 

[FR Doc. 2012–17762 Filed 7–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[FRL 9704–1] 

Hazardous Waste Management 

System: Identification and Listing of 

Hazardous Waste Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; amendment. 

SUMMARY: The EPA (also, ‘‘the Agency’’ 

or ‘‘we’’) is amending an existing 

exclusion to reflect changes in 

ownership and name for the 

ConocoPhillips Billings, Montana 

Refinery. Today’s amendment 

documents these changes. 

DATES: This amendment is effective on 

July 23, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Christina Cosentini, by mail at EPA 

Region 8, Resource Conservation and 

Recovery Program, 1595 Wynkoop 

Street, Mail Code 8P–R, Denver, 

Colorado 80202, by phone at (303) 312– 

6231, or by email at cosentini.christina@

epa.gov. 

SUPPLEMENTARY INFORMATION: In this 

document the EPA is amending 

appendix IX to part 261 to reflect a 

change in the ownership and name of a 

particular facility. Today’s notice 

documents the transfer of ownership 

and name change by updating appendix 

IX to incorporate the change in owner’s 

name for the ConocoPhillips Billings, 

Montana Refinery. On May 3, 2012, the 

EPA was notified that ownership of the 

Billings, Montana Refinery had been 

transferred to Phillips 66 Company. 

Phillips 66 Company certified that the 

management and operation of the 

Billings Refinery has not changed due to 

the restructuring. This notice 

documents the change by updating 

appendix IX to incorporate a change in 

name. 

These changes to appendix IX of part 

261 are effective July 23, 2012. The 

Hazardous and Solid Waste 

Amendments of 1984 amended section 

3010 of the Resource Conservation and 

Recovery Act (RCRA) to allow rules to 

become effective in less than six months 

when the regulated community does not 

need the six-month period to come into 

compliance. As described above, the 

change in ownership will not affect the 

refineries operations. Therefore, a sixmonth delay in the effective date is not 

necessary in this case. This provides the 

basis for making this amendment 

effective immediately upon publication 

under the Administrative Procedures 

Act pursuant to 5 United States Code 

(U.S.C.) 5531(d). 

List of Subjects in 40 CFR Part 261 

Environmental protection, Hazardous 

waste, Recycling, and Reporting and 

recordkeeping requirements. 

Authority: RCRA 3001(f), 42 U.S.C. 6921(f). 

Dated: June 28, 2012. 

Howard M. Cantor, 

Acting Regional Administrator, Region 8. 

For the reasons set out in the 

preamble, 40 CFR part 261 is amended 

as follows: 

PART 261—IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

■ 1. The authority citation for part 261 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921, 

6922, 6924(y) and 6938. 

■ 2. In Table 1 of Appendix IX to part 

261 is amended by removing the ’’ 

ConocoPhillips Billings Refinery ’’ entry 

and adding a new entry ‘‘Phillips 66 

Company, Billings Refinery’’ in 

alphabetical order by facility to read as 

follows: 

Appendix IX to Part 261—Waste 

Excluded Under §§ 260.20 and 260.22 

TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES

Facility Address Waste description 

*******

Phillips 66 Company, Billings Refinery (formerly 

ConocoPhillips Billings 

Refinery).

Billings, Montana ................ Residual solids from centrifuge and/or filter press processing of storm water tank 

sludge (F037) generated at a maximum annual rate of 200 cubic yards per year 

must be disposed in a lined Subtitle D landfill, licensed, permitted or otherwise authorized by a state to accept the delisted processed storm water tank sludge. The 

exclusion became effective March 1, 2012. 

For the exclusion to be valid, Phillips 66 must implement a verification testing program that meets the following Paragraphs: 

1. Delisting levels: The constituent concentrations in a leachate extract of the waste 

measured in any sample must not exceed the following concentrations (mg/L 

TCLP): Acenaphthene-37.9; Antimony-.97; Anthracene-50; Arsenic-.301; Barium100; Benz(a)anthracene-.25; Benzene-.5; Benzo(a)pyrene-1.1; 

Benzo(b)fluoranthene-8.7; Benzo(k) fluoranthene-50; Bis(2-ethylhexyl)phthalate 

-50; 2-Butanone -50; Cadmium-1.0; Carbon disulfide-36; Chromium- 5.0; Chrysene-25.0; Cobalt-.763; Cyanide(total)-41.2; Dibenz(a,h)anthrancene-1.16; Di-noctyl phthalate-50; 1,4-Dioxane -36.5; Ethylbenzene-12; Fluoranthene -8.78; Fluorene-17.5; Indeno(1,2,3-cd)pyrene-27.3; Lead-5.0; Mercury-.2; m&p -Cresol-10.3; 

Naphthalene-1.17; Nickel-48.2; o-Cresol-50; Phenanthrene-50; Phenol-50; Pyrene15.9; Selenium -1.0; Silver-5.0; Tetrachloroethene-0.7; Toluene-26;Trichloroethene 

-.403; Vanadium-12.3; Xylenes (total)-22; Zinc-500. 

mstockstill on DSK4VPTVN1PROD with RULES