72968 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

2002 Base Year Emissions Inventory for the 1997 fine particulate matter (PM2.5) standard.Washington County, Maryland 

1997 PM2.5 nonattainment area.

6/6/08 12/7/12 [Insert page number where the document 

begins].

§ 52.1075(m) 

■ 3. In § 52.1075, paragraph (m) is 

added to read as follows: 

§ 52.1075 Base year emissions inventory. 

* * * * * 

(m) EPA approves as a revision to the 

Maryland State Implementation Plan the 

2002 base year emissions inventory for 

the Washington County, Maryland 1997 

fine particulate matter (PM2.5) 

nonattainment area submitted by the 

Maryland Department of Environment 

on June 6, 2008. The 2002 base year 

emissions inventory includes emissions 

estimates that cover the general source 

categories of point sources, non-road 

mobile sources, area sources, on-road 

mobile sources, and biogenic sources. 

The pollutants that comprise the 

inventory are nitrogen oxides (NOX), 

volatile organic compounds (VOCs), 

PM2.5, coarse particles (PM10), ammonia 

(NH3), and sulfur dioxide (SO2). 

[FR Doc. 2012–29611 Filed 12–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0120; FRL–9710–3] 

Revisions to the California State 

Implementation Plan, for Imperial 

County, Placer County and Ventura 

County Air Pollution Control Districts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Imperial County Air Pollution Control 

District (ICAPCD), Placer County Air 

Pollution Control District (PCAPCD) and 

Ventura County Air Pollution Control 

District (PCAPCD) portions of the 

California State Implementation Plan 

(SIP). Under authority of the Clean Air 

Act as amended in 1990 (CAA or the 

Act), we are approving local rules that 

address emission statements for ICAPCD 

and PCAPCD and definitions for 

VCAPCD. 

DATES: This rule is effective on February 

5, 2013 without further notice, unless 

EPA receives adverse comments by 

January 7, 2013. If we receive such 

comments, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that this direct final 

rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0120, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or Deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., 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: 

Cynthia Allen, EPA Region IX, (415) 

947–4120, allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. Public Comment and Final Action 

III. Statutory and Executive Order 

Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the dates that they were 

adopted by the local air agencies and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted/ 

amended Submitted 

ICAPCD ........... 116 Emissions Statement and Certification .......................................................... 02/23/10 07/20/10 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 72969 

TABLE 1—SUBMITTED RULES—Continued 

Local agency Rule No. Rule title Adopted/ 

amended Submitted 

PCAPCD ......... 503 Emission Statement ....................................................................................... 08/10/10 12/10/10 

VCAPCD ......... 2 Definitions ....................................................................................................... 04/12/11 09/27/11 

On August 25, 2010, EPA determined 

that the submittal for ICAPCD Rule 116 

met the completeness criteria in 40 CFR 

Part 51 Appendix V, which must be met 

before formal EPA review. On January 

13, 2011, and October 24, 2011, 

respectively, the submittals of PCAPCD 

Rule 503 and VCAPCD Rule 2 were 

determined to meet the completeness 

criteria. 

B. Are there other versions of these 

rules? 

There are no previous versions of 

ICAPCD Rule 116 and PCAPCD Rule 

503 in the SIP. We approved an earlier 

version of VCAPCD Rule 2 into the SIP 

on March 7, 2011 (76 FR 12280). 

C. What is the purpose of the submitted 

rules revisions? 

Section 110(a) of the CAA requires 

states to submit regulations that control 

volatile organic compounds, oxides of 

nitrogen, particulate matter, and other 

air pollutants which harm human health 

and the environment. These rules were 

developed as part of the local agency’s 

program to control these pollutants. 

ICAPCD Rule 116 will require owners 

and/or operators of stationary sources 

emitting VOC or NOX emissions to 

provide the ICAPCD with an annual 

statement of actual emissions of these 

pollutants certified by a responsible 

official of the company. 

PCAPCD Rule 503 details how every 

stationary source permitted by the 

District with actual or potential 

emissions in excess of 10 tons per year 

or more of NOX or VOC report their 

actual emissions. The rule describes the 

District’s current emissions reporting 

system using the Renewal Information 

Request. 

VCAPCD Rule 2 is being amended by 

adding new definitions and revisions to 

existing definitions. 

EPA’s technical support documents 

(TSD) have more information about 

these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

These rules describe administrative 

provisions and definitions that support 

emission controls found in other local 

agency requirements. In combination 

with the other requirements, these rules 

must be enforceable (see section 110(a) 

of the Act) and must not relax existing 

requirements (see sections 110(l) and 

193). EPA policy that we used to 

evaluate enforceability requirements 

consistently includes the Bluebook 

(‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988) and 

the Little Bluebook (‘‘Guidance 

Document for Correcting Common VOC 

& Other Rule Deficiencies,’’ EPA Region 

9, August 21, 2001). 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability and SIP 

relaxations. The TSDs have more 

information on our evaluation. 

C. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted rules because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by January 7, 2013, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on February 5, 

2013. This will incorporate these rules 

into the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

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 

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 


srobinson on DSK4SPTVN1PROD with 
72970 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 

1This rulemaking responds to the uncertainty 

created by the Ninth Circuit’s holding in NEDC that 

certain channeled discharges of stormwater from 

logging roads constitute point source discharges, 

bringing them within the Section 402 NPDES 

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 February 5, 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 19, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(381)(i)(A)(6), 

(389)(i)(B)(4), and (404)(i)(C) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(381) * * * 

(i) * * * 

(A) * * * 

(6) Rule 116, ‘‘Emissions Statement 

and Certification,’’ adopted on February 

23, 2010. 

* * * * * 

(389) * * * 

(i) * * * 

(B) * * * 

(4) Rule 503, ‘‘Emission Statement,’’ 

amended on August 12, 2010. 

* * * * * 

(404) * * * 

(i) * * * 

(C) Ventura County Air Pollution 

Control District. 

(1) Rule 2, ‘‘Definitions,’’ adopted on 

October 22, 1968, as revised through 

April 12, 2011. 

* * * * * 

[FR Doc. 2012–29117 Filed 12–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 122 

[EPA–HQ–OW–2012–0195; FRL–9758–9] 

RIN 2040–AF42 

Revisions to Stormwater Regulations 

To Clarify That an NPDES Permit Is Not 

Required for Stormwater Discharges 

From Logging Roads 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is revising its Phase 

I stormwater regulations to clarify that 

stormwater discharges from logging 

roads do not constitute stormwater 

discharges associated with industrial 

activity and that a National Pollutant 

Discharge Elimination System (NPDES) 

permit is not required for these 

stormwater discharges. 

DATES: This final rule is effective on 

January 7, 2013. 

ADDRESSES: The record for this 

rulemaking is available for inspection 

and copying at the Water Docket, 

located at the EPA Docket Center (EPA/ 

DC), EPA West 1301 Constitution 

Avenue NW., Washington, DC 20004. 

The record is also available via the EPA 

Dockets at http://www.regulations.gov 

under docket number EPA–HQ–OW– 

2012–0195. 

FOR FURTHER INFORMATION CONTACT: For 

further information on this notice, you 

may contact Jeremy Bauer, EPA 

Headquarters, Office of Water, Office of 

Wastewater Management via email at 

bauer.jeremy@epa.gov or telephone at 

202–564–2775. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Applicability 

This action does not impose 

requirements on any entity. The action 

clarifies the status of stormwater 

discharges from logging roads. Those 

with an interest in such discharges may 

be interested in this action. If you have 

questions regarding the applicability of 

this rule, consult the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

B. Copies of This Document and Other 

Information 

This document is available for 

download at http://www.epa.gov/npdes/ 

stormwater/forestroads or under docket 

EPA–HQ–OW–2012–0195. 

II. Background 

A. Purpose 

The EPA is promulgating this final 

rule to address the stormwater 

discharges identified under Northwest 

Environmental Defense Center v. Brown, 

640 F.3d 1063 (9th Cir. 2011) (NEDC). 

The final rule clarifies that, for the 

purposes of assessing whether 

stormwater discharges are ‘‘associated 

with industrial activity,’’ the only 

facilities under SIC code 2411 that are 

‘‘industrial’’ are: rock crushing, gravel 

washing, log sorting, and log storage. 

This clarifies, contrary to the Ninth 

Circuit’s decision in NEDC, that 

discharges of stormwater from 

silviculture facilities other than the four 

specifically named silviculture facilities 

identified above do not require an 

NPDES permit.1


srobinson on DSK4SPTVN1PROD with