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Federal Register/Vol. 77, No. 214/Monday, November 5, 2012/Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0470; FRL-9740-2]

Revisions to the Arizona State

Implementation Plan, Arizona

Department of Environmental Quality

and Maricopa County Air Quality

Department

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing approval of

revisions to the Arizona Department of

Environmental Quality (ADEQ) and

Maricopa County Air Quality

Department (MCAQD) portions of the

Arizona State Implementation Plan

(SIP). This action was proposed in the

Federal Register on June 27, 2012 and

concerns regulations that require

monitoring and reporting of volatile

organic compounds (VOC), oxides of

nitrogen (NOx), and particulate matter

(PM) emissions from stationary sources.

We are approving local rules that

regulate these emission sources under

the Clean Air Act (CAA or the Act). We

are not acting on two Pima County

Department of Environmental Quality

(PCDEQ) rules originally listed in our

June 27, 2012 proposed action because

official copies of these rules with public

process documentation were not

submitted for SIP approval.

DATES: These rules will be effective on

December 5, 2012.

ADDRESSES: EPA has established docket

number EPA-R09-OAR-2012-0470 for

this action. Generally, documents in the

docket for this action are available

electronically at http://

www.regulations.gov or in hard copy at

EPA Region IX, 75 Hawthorne Street,

San Francisco, California. While all

documents in the docket are listed at

http://www.regulations.gov, some

information may be publicly available

only at the hard copy location (e.g.,

copyrighted material, large maps, multivolume reports), and some may not be

available in either location (e.g.,

confidential business information

(CBI)). To inspect the hard copy

materials, please schedule an

appointment during normal business

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT:

Rynda Kay, EPA Region IX, (415) 947-

4118, Kay.Rynda@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, "we," "us"

and "our" refer to EPA.

Table of Contents

I. Proposed Action

II. Public Comments and EPA Responses

II. EPA Action

IV. Statutory and Executive Order Reviews

I. Proposed Action

EPA proposed to approve the

following rules into the Arizona SIP in

the Federal Register at 77 FR 38246,

June 27, 2012.

Local agency Rule No. Rule title

ADEQ ................................................................ 18-2-313 ................................................... Existing Source Em ission Monitoring.

ADEQ ................................................................ 18-2-327 ............................................... .... Annual Em issions Inventory Q uestionnaire.

M CAQ D ............................................................ 100, Section 500 .............................................. Monitoring and Records.

PCDEQ ............................................................. 17.12.040 ...................................................... Reporting Requirem ents.

PCDEQ ............................................................. 17.24.040 .................................................. Reporting for Com pliance Evaluations.

We proposed to approve these rules

because we determined that they

complied with the relevant CAA

requirements. Our proposed action

contains more information on the rules

and our evaluation. Our proposed

approval of these rules responded to a

June 1, 2012 request from the State to

parallel process versions of these rules.

Our proposal explained that the above

rules had not previously been submitted

to us or had been adopted locally but

had not been adopted specifically for

purposes of approval into the federally

enforceable SIP under CAA section 110.

On August 24, 2012, ADEQ submitted

to EPA the versions of ADEQ 18-2-313

and 18-2-327 that were adopted locally

on February 15, 2001 and December 7,

1995 respectively. On June 19, 2012,

ADEQ submitted to EPA the version of

Maricopa Rule 100, Section 500 that

was adopted locally on March 15, 2006.

On September 5, 2012, EPA determined

that the submittal for ADEQ Rules 18-

2-313 and 18-2-327, and MCAQD Rule

100, Section 500 met the completeness

criteria in 40 CFR part 51 Appendix V,

which must be met before formal EPA

review. We have reviewed these

versions of the rules, and they are

unchanged from the versions we

proposed for approval on June 27, 2012.

On June 27, 2012, we also proposed

approval of PCDEQ Rules 17.12.040 and

17.24.040 contingent upon EPA's

receipt of fully adopted rules that satisfy

state and local procedural requirements

for SIP submittals. PCDEQ Rule

17.12.040 was not submitted to EPA and

while PCDEQ Rule 17.24.040 was

submitted on August 24, 2012, it did not

include evidence of public notice as

required by 40 CFR part 51 Appendix V.

As such, we are not finalizing our action

on these rules at this time. If these rules

are subsequently submitted to EPA, we

may finalize their approval in a future

rulemaking contingent upon the rules

being substantially identical to the rules

in our June 27, 2012 proposed action,

and that the adopted rules satisfy

relevant requirements for SIP

submittals.

II. Public Comments and EPA

Responses

EPA's proposed action provided a 30-

day public comment period. During this

period, we received no comments.

III. EPA Action

No comments were submitted.

Therefore, as authorized in section

110(k)(3) of the Act, EPA is fully

approving Maricopa Rule 100, Section

500, ADEQ Rule 18-2-313 and ADEQ

Rule 18-2-327 into the Arizona SIP.

IV. 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

66405
66406 Federal Register/Vol. 77, No. 214/Monday, November 5, 2012/Rules and Regulations

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

disproportionate human health or

environmental effects with practical,

appropriate, 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 January 4, 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

30 7(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: September 14, 2012.

Jared Blumenfeld,

Regional Administrator, Region IX.

Therefore, 40 CFR chapter I is

amended as follows:

PART 52-[AMENDED]

m 1. The authority citation for Part 52

continues to read as follows:

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

Subpart D-Arizona

* 2. Section 52.120 is amended by

adding paragraph (c)(152) to read as

follows:

§52.120 Identification of plan.

)* * * * *

(c)

(152) The following plan was

submitted August 24, 2012, by the

Governor's designee.

(i) Incorporated by reference.

(A) Arizona Department of

Environmental Quality.

(1) Arizona Administrative Code, title

18, chapter 2, article 3 (Permits and

Permit Revisions):

(i) Section R18-2-313 ("Existing

Source Emission Monitoring"), effective

on February 15, 2001.

(ii) Section R18-2-327, ("Annual

Emissions Inventory Questionnaire"),

effective on December 7, 1995.

(B) Maricopa County Air Quality

Department.

(1) Rule 100, Section 500,

"Monitoring and Records," revised on

March 15, 2006.

[FR Doe. 2012-26684 Filed 11-2-12; 8:45 am]

BILLING CODE 6560-50-P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 21

[FWS-HQ-MB-2012-0084; 91200-1231-

9BPP]

RIN 1018-AZ16

Migratory Bird Permits; Delegating

Falconry Permitting Authority to Seven

States

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The States of Alaska, Arizona,

Kansas, Kentucky, Massachusetts, New

Hampshire, and North Dakota have

requested that we delegate permitting

for falconry to the State, as provided

under our regulations. We have

reviewed regulations and supporting

materials provided by these States, and

have concluded that their regulations

comply with the Federal regulations.

We change the falconry regulations

accordingly.

DATES: This rule is effective January 1,

2013.

FOR FURTHER INFORMATION CONTACT: Dr.

George T. Allen, 703-358-1825.

SUPPLEMENTARY INFORMATION:

Background

We, the U.S. Fish and Wildlife

Service, published a final rule in the

Federal Register on October 8, 2008 (73

FR 59448), to revise our regulations

governing falconry in the United States.

These regulations are found in title 50

of the Code of Federal Regulations (CFR)

at § 21.29. The regulations provide that

when a State meets the requirements for

operating under the regulations,

falconry permitting must be delegated to

the State.

The States of Alaska, Arizona, Kansas,

Kentucky, Massachusetts, New

Hampshire, and North Dakota have

submitted revised falconry regulations

and supporting materials and have

requested to be allowed to operate

under the revised Federal regulations.

We have reviewed the regulations

administered by these States and have

determined that their regulations meet

the requirements of 50 CFR 21.29(b).

According to the regulations at

§ 21.29(b)(4), we must issue a rule to

add a State to the list at § 21.29(b)(10)

of approved States with a falconry

program. Therefore, we change the

Federal regulations accordingly, and a

Federal permit will no longer be

required to practice falconry in the

States of Alaska, Arizona, Kansas,