30900 Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations 

TABLE 2 (33 CFR 165.171)—Continued 

• Date: September 28, 2012. In 33 CFR 165.171, this event is listed 

as occurring during the fourth weekend in September. 

• Time: 8:00 p.m. to 10:30 p.m. 

• Location: In the vicinity of Eliot Town Boat Launch, Eliot, Maine in 

approximate position: 43°08′56′′ N, 070°49′52′′ W (NAD 83). 

This notice is issued under authority 

of 33 CFR 100.120, 33 CFR 165.171, and 

5 U.S.C. 552(a). In addition to this 

notice in the Federal Register, the Coast 

Guard will provide the maritime 

community with advance notification of 

this enforcement period via the Local 

Notice to Mariners and marine 

information broadcasts. If the COTP 

determines that the regulated area need 

not be enforced for the full duration 

stated in this notice, he or she may use 

a Broadcast Notice to Mariners to grant 

general permission to enter the 

regulated area. 

Dated: May 3, 2012. 

B.S. Gilda, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Sector Northern New 

England. 

[FR Doc. 2012–12562 Filed 5–23–12; 8:45 a.m.] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0154; FRL–9672–7] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Albuquerque/Bernalillo County; Fees 

for Permits and Administrative Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions 

which repeal and replace existing rules, 

and revisions to the applicable State 

Implementation Plan (SIP) for New 

Mexico Albuquerque/Bernalillo County, 

which relate to fee requirement 

regulations. The repeal and replace and 

SIP revisions approved today will 

address Clean Air Act (the Act or CAA) 

requirements related to fees for, in part, 

reviewing and acting on specific permit 

applications received by the City of 

Albuquerque/Bernalillo County 

Environmental Health Department (EHD 

or Department); fees to partially offset 

the administrative cost of permit-related 

administrative hearings; funding for 

small business stationary sources; and 

fees to cover administrative expenses 

incurred by the Department in 

implementing the New Mexico Air 

Quality Control Act, the joint Air 

Quality Control Board (AQCB) 

ordinances, and the Albuquerque/ 

Bernalillo County AQCB regulations of 

the New Mexico Statutes Annotated 

(NMSA) 1978. EPA finds that these 

rules and revisions comply with 

applicable provisions of the CAA and is 

approving them into the SIP. This action 

is being taken under section 110 of the 

Act. 

DATES: This final rule is effective on 

June 25, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2007–0154. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 http:// 

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 Freedom of 

Information Act Review Room between 

the hours of 8:30 a.m. and 4:30 p.m. 

weekdays except for legal holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The New Mexico submittals are also 

available for public inspection at the 

County Air Agency listed below during 

official business hours by appointment: 

Air Quality Division, Environmental 

Health Department, 3rd Floor, Suite 

3023, One Civic Plaza NW., 

Albuquerque, New Mexico. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Mohr, Air Permits Section (6PD– 

R), Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–7289; fax number (214) 665– 

6762; email address 

mohr.ashley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

the EPA. This supplementary 

information section is arranged as 

follows: 

I. What is the background for this action? 

II. What final action is EPA taking? 

III. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

The background for today’s action is 

discussed in detail in our November 4, 

2011, proposal (76 FR 68385). In that 

notice, we proposed to approve four 

submittals from the State of New 

Mexico that apply in Bernalillo County, 

pursuant to the CAA, that address the 

fee requirements specified in the CAA 

section 110(a)(2). Specifically, the SIP 

revisions address section 110(a)(2) 

Clean Air Act (the Act or CAA) 

requirements related to fees for, in part, 

reviewing and acting on specific permit 

applications received by the City of 

Albuquerque/Bernalillo County 

Environmental Health Department (EHD 

or Department); fees to partially offset 

the administrative cost of permit-related 

administrative hearings; funding for 

small business stationary sources; and 

fees to cover administrative expenses 

incurred by the Department in 

implementing the New Mexico Air 

Quality Control Act, the joint Air 

Quality Control Board (AQCB) 

ordinances, and the Albuquerque/ 

Bernalillo County AQCB regulations of 

the New Mexico Statutes Annotated 

(NMSA) 1978. New Mexico’s SIP 

submittals are dated May 24, 2011, 

September 7, 2004, February 2, 2007, 

and December 15, 2010. 

Our November 4, 2011, proposal 

provides a detailed description of the 

submittals and the rationale for EPA’s 

proposed actions, together with a 

discussion of the opportunity to 

comment. The public comment period 

for these actions closed on December 5, 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations 30901 

2011, and we did not receive any 

comments. 

II. What final action is EPA taking? 

We are fully approving the New 

Mexico SIP revisions submitted on May 

24, 2011, September 7, 2004, February 

2, 2007, and December 15, 2010, relating 

to permitting fees to cover the cost of 

reviewing, approving, implementing, 

and enforcing a permit. This action is 

being taken under section 110 of the 

CAA. 

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 Clean Air 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, 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 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 July 23, 2012. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposed 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 3, 2012. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

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 GG—New Mexico 

■ 1. The second table in § 52.1620(c) 

entitled ‘‘EPA Approved Albuquerque/ 

Bernalillo County, NM Regulations’’ is 

amended as follows: 

■ a. Removing the heading 

‘‘Albuquerque/Bernalillo County, Air 

Quality Control Regulations’’ and 

removing the entry for Section 21, 

Permit Fees; and 

■ b. Adding a new entry for Part 2 

(20.11.2 NMAC) in numerical order by 

part number to read as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

EPA Approved Albuquerque/Bernalillo 

County, NM Regulations 

State citation Title/subject 

State 

approval/ 

effective date 

EPA approval date Explanation 

*******

Part 2 (20.11.2 NMAC) .... Fees ............. 1/10/2011 5/24/2012 [Insert FR page 

number where document begins].

NOT in SIP: references to Operating Permits 

(20.11.42 NMAC) in subsection (A) of 20.11.2.2, 

subsection (B) of 20.11.2.11, subsection (B) of 

20.11.2.12, subsections (A) and (B) of 20.11.2.13, 

and subsection (B) of 20.11.2.21. 

* * * * * * * 


srobinson on DSK4SPTVN1PROD with RULES
30902 Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations 

1William T. Harnett, Director, Air Quality Policy 

Division, Office of Air Quality Planning and 

Standards. ‘‘Guidance on SIP Elements Required 

Under Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2.5 National Ambient Air Quality 

Standards.’’ Memorandum to EPA Air Division 

Directors, Regions I–X, October 2, 2007. 

2 ’’Indian country’’ is defined under 18 U.S.C. 

1151 as: (1) All land within the limits of any Indian 

reservation under the jurisdiction of the United 

States Government, notwithstanding the issuance of 

any patent, and including rights-of-way running 

through the reservation, (2) all dependent Indian 

communities within the borders of the United 

States, whether within the original or subsequently 

acquired territory thereof, and whether within or 

without the limits of a State, and (3) all Indian 

allotments, the Indian titles to which have not been 

extinguished, including rights-of-way running 

through the same. Under this definition, EPA treats 

as reservations trust lands validly set aside for the 

use of a Tribe even if the trust lands have not been 

formally designated as a reservation. 

[FR Doc. 2012–12497 Filed 5–23–12; 8:45 a.m.] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2012–0112; FRL–9674–2] 

Partial Approval and Promulgation of 

Implementation Plans; Washington: 

Infrastructure Requirements for the 

1997 8-Hour Ozone National Ambient 

Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is partially approving the 

State Implementation Plan (SIP) 

submittal from the State of Washington 

to demonstrate that the SIP meets the 

requirements of section 110(a)(1) and (2) 

of the Clean Air Act (CAA) for the 

National Ambient Air Quality Standard 

(NAAQS) promulgated for ozone on July 

18, 1997. EPA finds that the current 

Washington SIP meets the following 

110(a)(2) infrastructure elements for the 

1997 8-hour ozone NAAQS: (A), (B), (C), 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), and 

(M), except for portions related to the 

major source Prevention of Significant 

Deterioration (PSD) permitting program 

which is implemented under a Federal 

Implementation Plan. 

DATES: This action is effective on June 

25, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2012–0112. 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 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 

EPA Region 10, Office of Air, Waste and 

Toxics (AWT–107), 1200 Sixth Avenue, 

Suite 900, Seattle, WA 98101. 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: Jeff 

Hunt at telephone number: (206) 553– 

0256, email address: hunt.jeff@epa.gov, 

or the above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean 

EPA. Information is organized as 

follows: 

Table of Contents 

I. Background 

II. Scope of Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997, EPA promulgated a 

new NAAQS for ozone. EPA revised the 

ozone NAAQS to provide an 8-hour 

averaging period which replaced the 

previous 1-hour averaging period, and 

the level of the NAAQS was changed 

from 0.12 parts per million (ppm) to 

0.08 ppm (62 FR 38856). The CAA 

requires SIPs meeting the requirements 

of sections 110(a)(1) and (2) be 

submitted by states within 3 years after 

promulgation of a new or revised 

standard. Sections 110(a)(1) and (2) 

require states to address basic SIP 

requirements, including emissions 

inventories, monitoring, and modeling 

to assure attainment and maintenance of 

the standards, so-called ’’infrastructure’’ 

requirements. To help states meet this 

statutory requirement for the 1997 8- 

hour ozone NAAQS, EPA issued 

guidance to address infrastructure SIP 

elements under section 110(a)(1) and 

(2).1 In the case of the 1997 8-hour 

ozone NAAQS, states typically have met 

the basic program elements required in 

section 110(a)(2) through earlier SIP 

submissions in connection with 

previous ozone standards. The State of 

Washington submitted a certification to 

EPA on January 24, 2012, certifying that 

Washington’s SIP meets the 

infrastructure obligations for the 1997 8- 

hour ozone NAAQS. The certification 

included an analysis of Washington’s 

SIP as it relates to each section of the 

infrastructure requirements with regard 

to the 1997 8-hour ozone NAAQS. On 

March 6, 2012, EPA published a notice 

of proposed rulemaking (NPR) for the 

State of Washington (77 FR 13238) to 

partially approve the state’s 

infrastructure SIP for the 1997 ozone 

NAAQS. Specifically in the NPR, EPA 

proposed approval of Washington’s SIP 

as meeting the requirements for the 

following 110(a)(2) infrastructure 

elements for the 1997 8-hour ozone 

NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M), except for 

portions related to the major source 

Prevention of Significant Deterioration 

(PSD) permitting program which is 

implemented under a Federal 

Implementation Plan codified at 40 CFR 

52.2497. Also, as discussed in the NPR, 

this action does not address 

110(a)(2)(D)(i) and 110(a)(2)(I). The 

public comment period for EPA’s NPR 

closed on April 5, 2012. EPA received 

no comments on the proposed action. 

Accordingly, EPA is taking final action 

to approve the provisions as discussed 

in the NPR. 

II. Scope of Action 

This partial SIP approval does not 

extend to sources or activities located in 

’’Indian Country’’ as defined in 18 

U.S.C. 1151.2 Consistent with previous 

Federal program approvals or 

delegations, EPA will continue to 

implement the Act in Indian Country 

because Washington did not adequately 

demonstrate authority over sources and 

activities located within the exterior 

boundaries of Indian reservations and 

other areas of Indian Country. The one 

exception is within the exterior 

boundaries of the Puyallup Indian 

Reservation, also known as the 1873 

Survey Area. Under the Puyallup Tribe 

of Indians Settlement Act of 1989, 25 

U.S.C. 1773, Congress explicitly 

provided state and local agencies in 

Washington authority over activities on 

non-trust lands within the 1873 Survey 

Area. Therefore, EPA’s proposed SIP 

approval applies to sources and 

activities on nontrust lands within the 

1873 Survey Area. 

III. Final Action 

EPA is approving the January 24, 

2012, SIP submittal from the State of 

Washington to demonstrate that the SIP 

meets the requirements of section 

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

NAAQS promulgated for ozone on July 

18, 1997. EPA is approving the 

following section 110(a)(2) 

infrastructure elements for Washington 


srobinson on DSK4SPTVN1PROD with RULES