30214 Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations 

EPA-APPROVED VERMONT REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

*******

Section 5–221 .......... Prohibition of potentially polluting materials in fuel 10/14/2011 5/22/2012 [Insert Federal Register page 

number where the 

document begins].

Approve revised Section 

5–221(1). 

* * * * * * * 

* * * * * (e) Nonregulatory. 

VERMONT NON-REGULATORY

Name of non-regulatory 

SIP provision 

Applicable geographic or 

nonattainment area 

State submittal date/ 

effective date EPA-approved date Explanations 

*******

Vermont Regional Haze 

SIP and its supplement.

Statewide .......................... 8/26/2009; supplement 

submitted 1/3/2012.

5/22/2012 [Insert Federal 

Register page number 

where the document begins].

[FR Doc. 2012–12233 Filed 5–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2009–0631; FRL–9674–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Rhode 

Island; Regional Haze 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a revision to 

the Rhode Island State Implementation 

Plan (SIP) that addresses regional haze 

for the first planning period from 2008 

through 2018. The revision was 

submitted by the Rhode Island 

Department of Environmental 

Management (RI DEM) on August 7, 

2009. This revision addresses the 

requirements of the Clean Air Act (CAA) 

and EPA’s regulations that require 

States to prevent any future, and remedy 

any existing, manmade impairment of 

visibility in mandatory Class I Areas 

caused by emissions of air pollutants 

from numerous sources located over a 

wide geographic area (also referred to as 

the ‘‘regional haze program’’). 

DATES: Effective Date: This rule is 

effective on June 21, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2009–0631. 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., 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 Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact 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 legal holidays. 

Copies of the documents relevant to 

this action are also available for public 

inspection during normal business 

hours, by appointment at the Office of 

Air Resources, Department of 

Environmental Management, 235 

Promenade Street, Providence, RI 

02908–5767. 

FOR FURTHER INFORMATION CONTACT: 

Anne McWilliams, Air Quality Unit, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square—Suite 100, (Mail 

Code OEP05–02), Boston, MA 02109– 

3912, telephone number (617) 918– 

1697, fax number (617) 918–0697, email 

mcwilliams.anne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

The following outline is provided to 

aid in locating information in this 

preamble. 

I. Background and Purpose 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

On February 28, 2012, EPA published 

a Notice of Proposed Rulemaking (NPR) 

for the State of Rhode Island. See 77 FR 

11798. The NPR proposed approval of 

the Rhode Island State Implementation 

Plan (SIP) that addresses regional haze 

for the first planning period from 2008 

through 2018. It was submitted by the 

RI DEM on August 7, 2009. Specifically, 

EPA proposed to approve Rhode 

Island’s August 7, 2009 SIP revision as 

meeting the applicable implementing 

regulations found in 40 CFR 51.308. 

A detailed explanation of the 

requirements for regional haze SIPs, as 

well as EPA’s analysis of Rhode Island’s 

Regional Haze SIP submittal was 

provided in the NPR and is not restated 

here. 

EPA received comments on the NPR 

from the U.S. Forest Service and 

Dominion Energy, Inc. in support of our 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations 30215 

proposed approval of Rhode Island’s 

Regional Haze SIP submittal. 

II. Final Action 

EPA is approving Rhode Island’s 

August 9, 2009 Regional Haze SIP 

revision as meeting the applicable 

implementing regulations found in 40 

CFR 51.308. 

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 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 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 Clean Air 

Act § 307(b)(2), 42 U.S.C. 7607(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 8, 2012. 

Ira W. Leighton, 

Acting Regional Administrator, EPA 

Region 1. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations 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 OO—Rhode Island 

■ 2. Section 52.2070 is amended by 

adding an entry at the end of the table 

in paragraph (e) to read as follows: 

§ 52.2070 Identification of plan. 

* * * * * 

(e) Nonregulatory. 

RHODE ISLAND NON REGULATORY

Name of non regulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State submittal date/effective 

date EPA approved date Explanations 

*******

Rhode Island Regional Haze 

SIP.

Statewide ............................... Submitted 8/7/2009 ................ 5/22/2012 [Insert Federal 

Register page number 

where the document begins]. 


sroberts on DSK5SPTVN1PROD with RULES
30216 Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations 

[FR Doc. 2012–12289 Filed 5–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2009–0696; FRL–9673–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Maine; 

Reasonably Available Control 

Technology (RACT) for the 1997 

8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving several 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Maine Department of Environmental 

Protection. These SIP revisions consist 

of a demonstration that Maine meets the 

requirements of reasonably available 

control technology (RACT) for oxides of 

nitrogen (NOX) and volatile organic 

compounds (VOCs) set forth by the 

Clean Air Act (CAA) with respect to the 

1997 8-hour ozone standard as well as 

several new and revised VOC 

regulations. The intended effect of this 

action is to approve Maine’s RACT 

demonstration for satisfying the State’s 

RACT SIP revision obligation as of 

September 15, 2006, and to approve 

Maine’s other submitted SIP regulations. 

This action is being taken in accordance 

with the CAA. 

DATES: Effective Date: This rule is 

effective on June 21, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2009–0696. 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., 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 Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact 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 a.m. to 

4:30 p.m., excluding legal holidays. 

Copies of the documents relevant to 

this action are also available for public 

inspection during normal business 

hours, by appointment at the State Air 

Agency: Bureau of Air Quality Control, 

Department of Environmental 

Protection, First Floor of the Tyson 

Building, Augusta Mental Health 

Institute Complex, Augusta, ME 04333– 

0017. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Garcia, Air Quality Planning Unit, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square—Suite 100, (Mail 

Code: OEP05–02), Boston, MA 02109– 

3912, telephone number (617) 918– 

1660, fax number (617) 918–0660, email 

garcia.ariel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

The following outline is provided to 

aid in locating information in this 

preamble. 

I. Background and Purpose 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

On March 15, 2012 (77 FR 15329), 

EPA published a Notice of Proposed 

Rulemaking (NPR) for the State of 

Maine. The NPR proposed approval of 

Maine’s RACT demonstration for 

satisfying the State’s RACT SIP revision 

obligation as of September 15, 2006 and 

proposed approval of Maine’s five other 

submitted SIP regulations aimed at 

reducing VOC emissions. Amongst 

Maine’s other submitted SIP regulations 

are two amended regulations and one 

newly adopted regulation, covering a 

total of four of the 11 Control 

Techniques Guidelines (CTGs) issued 

since 2006. The state must still address 

the remaining seven CTGs. 

A detailed explanation of the 

applicable NOX and VOC RACT CAA 

requirements with respect to the 1997 8- 

hour ozone standard, as well as EPA’s 

analysis of Maine’s RACT SIP submittal 

and Maine’s other VOC regulations were 

provided in the NPR and will not be 

restated here. No public comments were 

received on the NPR. 

II. Final Action 

EPA is approving Maine’s RACT 

demonstration as meeting the state’s SIP 

revision obligation as of September 15, 

2006 with respect to the 1997 8-hour 

ozone standard. EPA is also approving 

and incorporating into the Maine SIP an 

amendment (A–459–71–D–A, also 

referred to as ‘‘Amendment #2’’) of the 

Air Emission License A–459–72–B–R 

issued to the McCain Foods USA, Inc., 

Tatermeal facility. 

In addition, EPA is also approving the 

following Maine regulations and 

incorporating them into the Maine SIP: 

Revised Chapter 131, Cutback Asphalt 

and Emulsified Asphalt Regulation; 

revised Chapter 123, Control of Volatile 

Organic Compounds from Paper, Film 

and Foil Coating Operations; revised 

Chapter 129, Surface Coating Facilities; 

revised Chapter 152, Control of Volatile 

Organic Compounds from Consumer 

Products; and newly adopted Chapter 

161, Graphic Arts—Lithography and 

Letterpress Printing. 

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 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 


sroberts on DSK5SPTVN1PROD with RULES