Approval and Promulgation of Implementation Plans and Operating Permits Program; Commonwealth of Puerto Rico; Administrative Changes, 52233-52236 [2012-19961]
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Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations
Act (5 U.S.C. 601, et seq.). Because this
rule makes a determination based on air
quality data and suspends certain
federal requirements, it 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).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it only
proposes to make a determination based
on air quality data and suspend certain
federal requirements, and does not alter
the relationship or the distribution of
power and responsibilities established
in the CAA. This rule also is not subject
to Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it proposes to
determine that air quality in the affected
area is meeting federal standards. The
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply because it would
be inconsistent with applicable law for
EPA, when determining the attainment
status of an area, to use voluntary
consensus standards in place of
promulgated air quality standards and
monitoring procedures that otherwise
satisfy the provisions of the CAA. This
rule does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501, et seq.). Under
Executive Order 12898, EPA finds that
this rule involves a proposed
determination of attainment based on
air quality data and will not have
disproportionately high and adverse
human health or environmental effects
on any communities in the area,
including minority and low-income.
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
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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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 29, 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 determination of
attaining data for the 2008 lead standard
for the Bristol Area, 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, Lead, Reporting and
recordkeeping requirements.
Dated: August 13, 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. Amend § 52.2236 by designating
the existing undesignated paragraph as
paragraph (a), and adding paragraph (b)
to read as follows:
■
§ 52.2236
Control strategy; lead.
(a) * * *
(b) Determination of attaining data.
EPA has determined the Bristol,
Tennessee, nonattainment area has
attaining data for the 2008 lead (Pb)
NAAQS. This clean data determination
suspends the requirements for this area
to submit an attainment demonstration,
associated reasonably available control
measures, a reasonable further progress
plan, contingency measures, and other
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planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 2008 Pb NAAQS.
[FR Doc. 2012–21246 Filed 8–28–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R02–OAR–2012–0032, FRL–9714–5]
Approval and Promulgation of
Implementation Plans and Operating
Permits Program; Commonwealth of
Puerto Rico; Administrative Changes
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving revisions to
the Puerto Rico Regulations for the
Control of Atmospheric Pollution,
submitted to EPA by the Puerto Rico
Environmental Quality Board on July
13, 2011. This action approves revisions
to Rules 102, 111, 115, 116 and
Appendix A. EPA is also approving a
revision to Rule 609 as part of Puerto
Rico’s Title V Operating Program.
Generally the revisions to the
regulations involve administrative
changes which improve the clarity of
the rules contained in the
Commonwealth’s Implementation Plan
and Operating Permits Program. They
do not change the emission limitations
nor add significant new requirements.
DATES: Effective Date: This rule will be
effective on September 28, 2012.
ADDRESSES: EPA has established a
docket for this action under the Federal
Docket Management System (FDMS)
which replaces the Regional Materials
in EDOCKET (RME) docket system. The
new FDMS is located at
www.regulations.gov and the docket ID
for this action is EPA–R02–OAR–2012–
0032. All documents in the docket are
listed in the FDMS index. Publicly
available docket materials are available
either electronically in FDMS or in hard
copy at the Environmental Protection
Agency, Region 2 Office, Air Programs
Branch, 290 Broadway, 25th Floor, New
York, New York 10007–1866. Copies of
the documents relevant to this action
are also available for public inspection
during normal business hours, by
appointment at the Air and Radiation
Docket and Information Center,
Environmental Protection Agency,
Room 3334, 1301 Constitution Avenue
NW., Washington, DC; and the Puerto
Rico Environmental Quality Board, Cruz
A. Matos Environmental Agencies
SUMMARY:
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Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations
Building, 1375 Ponce de Leon Avenue,
San Juan, Puerto Rico, 00926.
FOR FURTHER INFORMATION CONTACT: Kirk
J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–3381.
SUPPLEMENTARY INFORMATION: On July
13, 2011, the Puerto Rico Environmental
Quality Board (PREQB) submitted to
EPA a request for approval of revisions
to the Puerto Rico Regulations for the
Control of Atmospheric Pollution
(PRRCAP). In the context of the Clean
Air Act (CAA or Act), the
Commonwealth of Puerto Rico is
regarded as a state. Generally the
changes to the PRRCAP involve
administrative changes which improve
the clarity of the rules. They do not
change the emission limitations nor add
significant new requirements.
On March 22, 2012 (77 FR 16676),
EPA published a direct final rule that
approved the revisions to the Puerto
Rico Regulations for the Control of
Atmospheric Pollution that were
submitted to EPA by PREQB on July 13,
2011. EPA also published a proposed
rule on March 22, 2012 (77 FR 16795).
In the direct final rule, EPA stated that
if we received adverse comments by
April 23, 2012, the rule would be
withdrawn and not take effect. EPA
received an adverse comment and
withdrew the direct final rule on May
29, 2012 (77 FR 31499). Based upon the
proposed action published on March 22,
2012 (77 FR 16795), EPA is addressing
the comment received in this final
action. EPA is not instituting a second
comment period on this action.
I. Revisions to the PRRCAP
Most of the revisions consist of
clarification type changes such as public
law or code cites or word changes. A
summary of the various revisions is
given below. EPA has determined that
the revisions improve the effectiveness
of the PRRCAP and will have no
negative effect on maintaining the
national ambient air quality standards.
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A. General Provisions
Rule 102, ‘‘Definitions’’ and Appendix
A, ‘‘Hazardous Air Pollutants—Section
112(b) of the Clean Air Act’’
PREQB revised two definitions in the
revised Rule 102. They include the
definition for ‘‘Volatile Organic
Compounds (VOC)’’ and the definition
for ‘‘Applicable Rule and Regulation.’’
PREQB revised the VOC definition to
make it consistent with EPA’s definition
for VOC found in 40 CFR section
51.100(s). The revision to the
‘‘Applicable Rule and Regulation’’
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definition includes a change to the
citation of Puerto Rico’s Environmental
Public Policy Act. It was previously
referenced in the definition as Law No.
9 of June 18, 1970. That Law was
replaced by Law No. 416 of September
22, 2004.
PREQB also revised Appendix A to
the PRRCAP. PREQB revised Appendix
A to make it consistent with EPA’s
amended list of hazardous air pollutants
in CAA section 112. Appendix A is
referenced in the federally approved
definition of Rule 102—‘‘Hazardous Air
Pollutant’’ of the PRRCAP.
Rule 111, ‘‘Applications, Hearings,
Public Notice’’ and Rule 115,
‘‘Punishment’’
PREQB revised Rules 111 and 115 in
order to change the citation to Puerto
Rico’s Environmental Public Policy Act.
It was previously referenced in Rules
111 and 115 as Law No. 9 of June 18,
1970. That Law was replaced by Law
No. 416 of September 22, 2004.
Rule 116, ‘‘Public Nuisance’’
PREQB revised Rule 116 in order to
revise the citation of the applicable
Puerto Rico code. Rule 116 previously
referenced Article 329 of the Penal Code
of Puerto Rico and this reference was
replaced with Article 277 of the Civil
Prosecution Code of Puerto Rico.
None of the revisions to Rules 102,
111, 115, 116 or Appendix A of the
PRRCAP involve changing the
stringency of these provisions. EPA has
thoroughly reviewed all of the revisions
contained in these rules and has
determined they meet EPA guidance
and requirements; therefore, EPA is
approving these revised rules. However,
with regard to the revisions to the
definition of VOC in Rule 102 and
Appendix A, which are intended to
achieve consistency with the CAA
Section 112 list of chemicals, it is
important to note that the CAA Section
112 list could potentially be revised by
EPA and, for federal enforcement
purposes, EPA will rely on the federally
issued CAA Section 112 list.
B. Other Provisions
Rule 609, ‘‘Permit Review’’
PREQB also submitted a revision to
Rule 609(g), ‘‘Confidential information’’
of the PRRCAP on July 13, 2011. The
revisions to Rule 609 include the
citation for Puerto Rico’s Environmental
Public Policy Act. It was previously
referenced as Law No. 9 of June 18,
1970. That Law has subsequently been
replaced by Law No. 416 of September
22, 2004. Rule 609 was never approved
into the federally enforceable SIP for
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Puerto Rico since the provisions of Rule
609 are relevant to the Title V of the Act
requirements. The federally approved
SIP reflects only Title I of the Act
requirements and not Title V. Therefore,
EPA is not approving the revisions to
Rule 609 into the federally enforceable
Puerto Rico SIP. However, EPA is
approving the revision to Rule 609 as
part of the federally approved Puerto
Rico Title V operating permits program.
Rule 609 and the Puerto Rico Title V
program were previously approved by
EPA on February 26, 1996 (61 FR 7073).
II. What comments did EPA receive in
response to its proposal?
On March 22, 2012 (77 FR 16676),
EPA proposed to approve the revisions
to the PRRCAP, submitted to EPA by the
Puerto Rico Environmental Quality
Board on July 13, 2011.
In response to EPA’s March 22, 2012
proposed rulemaking action, EPA
received one comment from Aida T.
Fuentes Rivera, MPH.
Comment: The commentor states that
there are other volatile organic
compounds that have the potential to
volatilize and produce adverse health
effects, but are neither subject to the
PRRCAP Rule 102 definition for VOCs,
nor included in the section 112(b)
Hazardous Air Pollutant (HAP) list. The
commentor suggests that Puerto Rico
harmonize all of its rules to clarify the
applicability of all sources of VOCs, not
just those sources applicable to Rule
102, National Emission Standards from
Hazardous Air Pollutants (NESHAPs) or
New Source Performance Standards
(NSPS) or other federal requirements.
Response: EPA is approving a revision
to the PRRCAP to include, among other
things, the federal definition of ‘‘VOC’’
into Rule 102. This definition is
consistent with the existing federal
definition of VOC found in 40 CFR
section 51.100(s). EPA is acting on a
request by the PREQB to include such
definition into its SIP. Incorporation of
the definition into the Puerto Rico SIP
does not impose any new requirements,
i.e., emission rates, reporting or
recordkeeping. It is PREQB’s prerogative
should they subsequently decide to
revise their SIP approved regulations,
i.e., Rules 102 and 206 (Rule 419 and
Appendix B are not part of the federally
approved Puerto Rico SIP), to include a
discussion of those rules’ applicability
to sources not otherwise affected by
NESHAPs, NSPS or other federal
requirements. However, that is not
necessary for EPA approval of the
definition of VOC into the SIP, nor is
that part of PREQB’s request for which
EPA is taking this action. EPA suggests
the comment would be more
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Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations
appropriately directed towards PREQB
during the public hearing process
associated with any subsequent and
relevant revisions to the PRRCAP. Also,
it is important to note that approved
implementation plans or SIPs pursuant
to section 110 of the CAA are required
to include provisions necessary to
implement, maintain and enforce the
criteria pollutants or national ambient
air quality standards and not directly
HAPs or air toxics.
III. Conclusion
The revisions to Rules 102, 111, 115,
116 and Appendix A of the PRRCAP,
effective February 18, 2011, are
generally administrative changes, which
improve the clarity of the rules. They do
not change emission limitations nor add
significant new requirements. EPA has
thoroughly reviewed all of the revisions
contained in these rules and has
determined they meet EPA guidance
and requirements. EPA is therefore
approving revised PRRCAP Rules 102,
111, 115, 116 and Appendix A into the
SIP. In addition, EPA is approving
revised Rule 609 of the PRRCAP,
effective February 18, 2011, as part of
the federally approved Puerto Rico Title
V operating permits program.
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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
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
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• 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
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52235
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 October 29, 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 section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
40 CFR Part 70
Administrative practice and
procedure, Air pollution control,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: July 31, 2012.
Judith A. Enck,
Regional Administrator, Region 2.
Part 52, 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. 7401–7671q.
Subpart BBB—Puerto Rico
2. Section 52.2723 is amended by
revising the ‘‘EPA approval date’’
entries for Rules 102, 111, 115, 116 and
Appendix A.
■
§ 52.2723 EPA approved Puerto Rico
regulations.
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Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations
REGULATION FOR THE CONTROL OF ATMOSPHERIC POLLUTION
Puerto Rico regulation
Commonwealth
effective date
EPA approval date
Comments
*
*
Rule 102—Definitions ..............
2/18/11
*
*
8/29/12, [Insert FR page citation].
*
*
*
Puerto Rico’s Environmental Public Policy Act Law No. 9 of
June 18, 1970 was replaced with Law 416 of September
22, 2004.
*
*
Rule 111—Applications, Public
Hearings and Public Notice.
2/18/11
*
*
8/29/12, [Insert FR page citation].
*
*
*
Puerto Rico’s Environmental Public Policy Act Law No. 9 of
June 18, 1970 was replaced with Law 416 of September
22, 2004.
*
*
Rule 115— Penalties ...............
2/18/11
*
*
8/29/12, [Insert FR page citation].
Rule 116— Public Nuisance ....
2/18/11
8/29/12, [Insert FR page citation].
*
*
Puerto Rico’s Environmental Public Policy Act
June 18, 1970 was replaced with Law 416
22, 2004.
Puerto Rico’s Environmental Public Policy Act
June 18, 1970 was replaced with Law 416
22, 2004.
*
*
Appendix A, Hazardous Air
Pollutants—Section 112(b)
of the Clean Air Act.
2/18/11
*
*
8/29/12, [Insert FR page citation].
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
[FR Doc. 2012–19961 Filed 8–28–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2011–0564; FRL–9360–2]
Thifensulfuron Methyl; Pesticide
Tolerances
FOR FURTHER INFORMATION CONTACT:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of thifensulfuron
methyl in or on chicory roots and
chicory tops. Interregional Research
Project Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
August 29, 2012. Objections and
requests for hearings must be received
on or before October 29, 2012, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2011–0564, is
available at https://www.regulations.gov
or at the OPP Docket in the
Environmental Protection Agency
Docket Center (EPA/DC), located in EPA
West, Rm. 3334, 1301 Constitution Ave.
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SUMMARY:
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*
Andrew Ertman, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9367; email address:
ertman.andrew@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to those engaged in the
following activities:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
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*
*
Law No. 9 of
of September
Law No. 9 of
of September
*
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://ecfr.gpoaccess.gov/cgi/t/
text/text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2011–0564 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before October 29, 2012. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit a copy of
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]]>Agencies
[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Rules and Regulations]
[Pages 52233-52236]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19961]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R02-OAR-2012-0032, FRL-9714-5]
Approval and Promulgation of Implementation Plans and Operating
Permits Program; Commonwealth of Puerto Rico; Administrative Changes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the Puerto Rico Regulations for
the Control of Atmospheric Pollution, submitted to EPA by the Puerto
Rico Environmental Quality Board on July 13, 2011. This action approves
revisions to Rules 102, 111, 115, 116 and Appendix A. EPA is also
approving a revision to Rule 609 as part of Puerto Rico's Title V
Operating Program. Generally the revisions to the regulations involve
administrative changes which improve the clarity of the rules contained
in the Commonwealth's Implementation Plan and Operating Permits
Program. They do not change the emission limitations nor add
significant new requirements.
DATES: Effective Date: This rule will be effective on September 28,
2012.
ADDRESSES: EPA has established a docket for this action under the
Federal Docket Management System (FDMS) which replaces the Regional
Materials in EDOCKET (RME) docket system. The new FDMS is located at
www.regulations.gov and the docket ID for this action is EPA-R02-OAR-
2012-0032. All documents in the docket are listed in the FDMS index.
Publicly available docket materials are available either electronically
in FDMS or in hard copy at the Environmental Protection Agency, Region
2 Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New
York 10007-1866. Copies of the documents relevant to this action are
also available for public inspection during normal business hours, by
appointment at the Air and Radiation Docket and Information Center,
Environmental Protection Agency, Room 3334, 1301 Constitution Avenue
NW., Washington, DC; and the Puerto Rico Environmental Quality Board,
Cruz A. Matos Environmental Agencies
[[Page 52234]]
Building, 1375 Ponce de Leon Avenue, San Juan, Puerto Rico, 00926.
FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-3381.
SUPPLEMENTARY INFORMATION: On July 13, 2011, the Puerto Rico
Environmental Quality Board (PREQB) submitted to EPA a request for
approval of revisions to the Puerto Rico Regulations for the Control of
Atmospheric Pollution (PRRCAP). In the context of the Clean Air Act
(CAA or Act), the Commonwealth of Puerto Rico is regarded as a state.
Generally the changes to the PRRCAP involve administrative changes
which improve the clarity of the rules. They do not change the emission
limitations nor add significant new requirements.
On March 22, 2012 (77 FR 16676), EPA published a direct final rule
that approved the revisions to the Puerto Rico Regulations for the
Control of Atmospheric Pollution that were submitted to EPA by PREQB on
July 13, 2011. EPA also published a proposed rule on March 22, 2012 (77
FR 16795). In the direct final rule, EPA stated that if we received
adverse comments by April 23, 2012, the rule would be withdrawn and not
take effect. EPA received an adverse comment and withdrew the direct
final rule on May 29, 2012 (77 FR 31499). Based upon the proposed
action published on March 22, 2012 (77 FR 16795), EPA is addressing the
comment received in this final action. EPA is not instituting a second
comment period on this action.
I. Revisions to the PRRCAP
Most of the revisions consist of clarification type changes such as
public law or code cites or word changes. A summary of the various
revisions is given below. EPA has determined that the revisions improve
the effectiveness of the PRRCAP and will have no negative effect on
maintaining the national ambient air quality standards.
A. General Provisions
Rule 102, ``Definitions'' and Appendix A, ``Hazardous Air Pollutants--
Section 112(b) of the Clean Air Act''
PREQB revised two definitions in the revised Rule 102. They include
the definition for ``Volatile Organic Compounds (VOC)'' and the
definition for ``Applicable Rule and Regulation.'' PREQB revised the
VOC definition to make it consistent with EPA's definition for VOC
found in 40 CFR section 51.100(s). The revision to the ``Applicable
Rule and Regulation'' definition includes a change to the citation of
Puerto Rico's Environmental Public Policy Act. It was previously
referenced in the definition as Law No. 9 of June 18, 1970. That Law
was replaced by Law No. 416 of September 22, 2004.
PREQB also revised Appendix A to the PRRCAP. PREQB revised Appendix
A to make it consistent with EPA's amended list of hazardous air
pollutants in CAA section 112. Appendix A is referenced in the
federally approved definition of Rule 102--``Hazardous Air Pollutant''
of the PRRCAP.
Rule 111, ``Applications, Hearings, Public Notice'' and Rule 115,
``Punishment''
PREQB revised Rules 111 and 115 in order to change the citation to
Puerto Rico's Environmental Public Policy Act. It was previously
referenced in Rules 111 and 115 as Law No. 9 of June 18, 1970. That Law
was replaced by Law No. 416 of September 22, 2004.
Rule 116, ``Public Nuisance''
PREQB revised Rule 116 in order to revise the citation of the
applicable Puerto Rico code. Rule 116 previously referenced Article 329
of the Penal Code of Puerto Rico and this reference was replaced with
Article 277 of the Civil Prosecution Code of Puerto Rico.
None of the revisions to Rules 102, 111, 115, 116 or Appendix A of
the PRRCAP involve changing the stringency of these provisions. EPA has
thoroughly reviewed all of the revisions contained in these rules and
has determined they meet EPA guidance and requirements; therefore, EPA
is approving these revised rules. However, with regard to the revisions
to the definition of VOC in Rule 102 and Appendix A, which are intended
to achieve consistency with the CAA Section 112 list of chemicals, it
is important to note that the CAA Section 112 list could potentially be
revised by EPA and, for federal enforcement purposes, EPA will rely on
the federally issued CAA Section 112 list.
B. Other Provisions
Rule 609, ``Permit Review''
PREQB also submitted a revision to Rule 609(g), ``Confidential
information'' of the PRRCAP on July 13, 2011. The revisions to Rule 609
include the citation for Puerto Rico's Environmental Public Policy Act.
It was previously referenced as Law No. 9 of June 18, 1970. That Law
has subsequently been replaced by Law No. 416 of September 22, 2004.
Rule 609 was never approved into the federally enforceable SIP for
Puerto Rico since the provisions of Rule 609 are relevant to the Title
V of the Act requirements. The federally approved SIP reflects only
Title I of the Act requirements and not Title V. Therefore, EPA is not
approving the revisions to Rule 609 into the federally enforceable
Puerto Rico SIP. However, EPA is approving the revision to Rule 609 as
part of the federally approved Puerto Rico Title V operating permits
program. Rule 609 and the Puerto Rico Title V program were previously
approved by EPA on February 26, 1996 (61 FR 7073).
II. What comments did EPA receive in response to its proposal?
On March 22, 2012 (77 FR 16676), EPA proposed to approve the
revisions to the PRRCAP, submitted to EPA by the Puerto Rico
Environmental Quality Board on July 13, 2011.
In response to EPA's March 22, 2012 proposed rulemaking action, EPA
received one comment from Aida T. Fuentes Rivera, MPH.
Comment: The commentor states that there are other volatile organic
compounds that have the potential to volatilize and produce adverse
health effects, but are neither subject to the PRRCAP Rule 102
definition for VOCs, nor included in the section 112(b) Hazardous Air
Pollutant (HAP) list. The commentor suggests that Puerto Rico harmonize
all of its rules to clarify the applicability of all sources of VOCs,
not just those sources applicable to Rule 102, National Emission
Standards from Hazardous Air Pollutants (NESHAPs) or New Source
Performance Standards (NSPS) or other federal requirements.
Response: EPA is approving a revision to the PRRCAP to include,
among other things, the federal definition of ``VOC'' into Rule 102.
This definition is consistent with the existing federal definition of
VOC found in 40 CFR section 51.100(s). EPA is acting on a request by
the PREQB to include such definition into its SIP. Incorporation of the
definition into the Puerto Rico SIP does not impose any new
requirements, i.e., emission rates, reporting or recordkeeping. It is
PREQB's prerogative should they subsequently decide to revise their SIP
approved regulations, i.e., Rules 102 and 206 (Rule 419 and Appendix B
are not part of the federally approved Puerto Rico SIP), to include a
discussion of those rules' applicability to sources not otherwise
affected by NESHAPs, NSPS or other federal requirements. However, that
is not necessary for EPA approval of the definition of VOC into the
SIP, nor is that part of PREQB's request for which EPA is taking this
action. EPA suggests the comment would be more
[[Page 52235]]
appropriately directed towards PREQB during the public hearing process
associated with any subsequent and relevant revisions to the PRRCAP.
Also, it is important to note that approved implementation plans or
SIPs pursuant to section 110 of the CAA are required to include
provisions necessary to implement, maintain and enforce the criteria
pollutants or national ambient air quality standards and not directly
HAPs or air toxics.
III. Conclusion
The revisions to Rules 102, 111, 115, 116 and Appendix A of the
PRRCAP, effective February 18, 2011, are generally administrative
changes, which improve the clarity of the rules. They do not change
emission limitations nor add significant new requirements. EPA has
thoroughly reviewed all of the revisions contained in these rules and
has determined they meet EPA guidance and requirements. EPA is
therefore approving revised PRRCAP Rules 102, 111, 115, 116 and
Appendix A into the SIP. In addition, EPA is approving revised Rule 609
of the PRRCAP, effective February 18, 2011, as part of the federally
approved Puerto Rico Title V operating permits program.
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 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 October 29, 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 section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.
40 CFR Part 70
Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: July 31, 2012.
Judith A. Enck,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart BBB--Puerto Rico
0
2. Section 52.2723 is amended by revising the ``EPA approval date''
entries for Rules 102, 111, 115, 116 and Appendix A.
Sec. 52.2723 EPA approved Puerto Rico regulations.
[[Page 52236]]
Regulation for the Control of Atmospheric Pollution
----------------------------------------------------------------------------------------------------------------
Commonwealth
Puerto Rico regulation effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Rule 102--Definitions................. 2/18/11 8/29/12, [Insert FR page Puerto Rico's Environmental
citation]. Public Policy Act Law No. 9
of June 18, 1970 was
replaced with Law 416 of
September 22, 2004.
* * * * * * *
Rule 111--Applications, Public 2/18/11 8/29/12, [Insert FR page Puerto Rico's Environmental
Hearings and Public Notice. citation]. Public Policy Act Law No. 9
of June 18, 1970 was
replaced with Law 416 of
September 22, 2004.
* * * * * * *
Rule 115-- Penalties.................. 2/18/11 8/29/12, [Insert FR page Puerto Rico's Environmental
citation]. Public Policy Act Law No. 9
of June 18, 1970 was
replaced with Law 416 of
September 22, 2004.
Rule 116-- Public Nuisance............ 2/18/11 8/29/12, [Insert FR page Puerto Rico's Environmental
citation]. Public Policy Act Law No. 9
of June 18, 1970 was
replaced with Law 416 of
September 22, 2004.
* * * * * * *
Appendix A, Hazardous Air Pollutants-- 2/18/11 8/29/12, [Insert FR page
Section 112(b) of the Clean Air Act. citation].
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[FR Doc. 2012-19961 Filed 8-28-12; 8:45 am]
BILLING CODE 6560-50-P
