Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Tennessee: Bristol; Determination of Attaining Data for the 2008 Lead Standards, 52232-52233 [2012-21246]
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52232
Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations
limitations prescribed in paragraph (c)
of this section.
(e) Labels of manufactured food
products containing the additive shall
bear, in the ingredient statement, the
name of the additive, ‘‘vitamin D2
bakers yeast,’’ in the proper order of
decreasing predominance in the
finished food.
Dated: August 20, 2012.
Kirk B. Arvidson,
Acting Director, Office of Food Additive
Safety, Center for Food Safety and Applied
Nutrition.
[FR Doc. 2012–21353 Filed 8–28–12; 8:45 am]
BILLING CODE 4160–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0323; FRL–9720–8]
Approval and Promulgation of
Implementation Plans and
Designations of Areas for Air Quality
Planning Purposes; Tennessee:
Bristol; Determination of Attaining
Data for the 2008 Lead Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
determine that the Bristol
nonattainment area (hereafter also
referred to as the ‘‘Bristol Area’’ or
‘‘Area’’) has attained the 2008 lead
NAAQS. On April 4, 2012, the State of
Tennessee, through the Tennessee
Department of Environment and
Conservation, submitted a request to
EPA to make a determination that the
Bristol nonattainment area for the 2008
lead national ambient air quality
standards (NAAQS or standard) has
attained the 2008 lead NAAQS. This
determination of attaining data is based
upon complete, quality-assured and
certified ambient air monitoring data for
the 2009–2011 period showing that the
Area has monitored attainment of the
2008 lead NAAQS. Additionally, as a
result of this determination, EPA is
taking final action to suspend the
requirements for the Area to submit an
attainment demonstration, together with
reasonably available control measures
(RACM), a reasonable further progress
(RFP) plan, and contingency measures
for failure to meet RFP and attainment
deadlines for so long as the Area
continues to attain the 2008 lead
NAAQS.
DATES: Effective Date: This final rule is
effective on September 28, 2012.
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
17:09 Aug 28, 2012
Jkt 226001
EPA has established a
docket for this action under Docket ID
Number EPA–R04–OAR–2012–0323. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not 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 for
public inspection during normal
business hours at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
FOR FURTHER INFORMATION CONTACT:
Steve Scofield or Zuri Farngalo,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr.
Scofield may be reached by phone at
(404) 562–9034 or via electronic mail at
scofield.steve@epa.gov. Mr. Farngalo
may be reached by phone at (404) 562–
9152 or via electronic mail at
farngalo.zuri@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. What action is EPA taking?
II. What is the effect of this action?
III. What is EPA’s final action?
IV. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is taking final action to
determine that the Bristol Area
(comprising the portion of Sullivan
County bounded by a 1.25 kilometer
radius surrounding the Universal
Transverse Mercator (UTM) coordinates
4042923 meters E, 386267 meters N,
Zone 17, which surrounds the Exide
Technologies Facility) has attaining data
for the 2008 lead NAAQS. This clean
data determination is based upon
quality assured, quality controlled and
certified ambient air monitoring data
that shows the Area has monitored
attainment of the 2008 lead NAAQS
based on the 2009–2011 data. While still
preliminary, the available 2012
monitoring data also monitored
attainment for the 2008 lead NAAQS.
Other specific requirements of the
clean data determination and the
rationale for EPA’s action are explained
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
in the Notice of Proposed Rulemaking
(NPR) published on June 14, 2012 (77
FR 35652) and will not be restated here.
The comment period closed on July 16,
2012. No comments, adverse or
otherwise, were received in response to
the NPR.
II. What is the effect of this action?
This final action suspends the
requirements for this Area to submit an
attainment demonstration, associated
RACM, RFP plan, and contingency
measures for failure to meet RFP and
attainment deadlines so long as this
Area continues to meet the 2008 lead
NAAQS. Finalizing this action does not
constitute a redesignation of the Bristol
Area to attainment for the 2008 lead
NAAQS under section 107(d)(3) of the
Clean Air Act (CAA). Further, finalizing
this action does not involve approving
a maintenance plan for the Area as
required under section 175A of the
CAA, nor does it involve a
determination that the Area has met all
requirements for a redesignation.
III. What is EPA’s final action?
EPA is taking final action to
determine that the Bristol Area has
attaining data for the 2008 lead NAAQS.
This clean data determination is based
upon quality assured, quality
controlled, and certified ambient air
monitoring data showing that this Area
has monitored attainment of the 2008
lead NAAQS during the period 2009–
2011. This final action suspends the
requirements for this Area to submit an
attainment demonstration, associated
RACM, RFP plans, and contingency
measures for failure to meet RFP and
attainment deadlines so long as this
Area continues to meet the 2008 lead
NAAQS. EPA is taking this final action
because it is in accordance with the
CAA and EPA policy and guidance.
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action makes the
determination based on air quality data,
and suspends certain federal
requirements. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
E:\FR\FM\29AUR1.SGM
29AUR1
mstockstill on DSK4VPTVN1PROD with RULES
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
VerDate Mar<15>2010
17:09 Aug 28, 2012
Jkt 226001
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
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
52233
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:
E:\FR\FM\29AUR1.SGM
29AUR1
]]>Agencies
[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Rules and Regulations]
[Pages 52232-52233]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21246]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0323; FRL-9720-8]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Tennessee:
Bristol; Determination of Attaining Data for the 2008 Lead Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to determine that the Bristol
nonattainment area (hereafter also referred to as the ``Bristol Area''
or ``Area'') has attained the 2008 lead NAAQS. On April 4, 2012, the
State of Tennessee, through the Tennessee Department of Environment and
Conservation, submitted a request to EPA to make a determination that
the Bristol nonattainment area for the 2008 lead national ambient air
quality standards (NAAQS or standard) has attained the 2008 lead NAAQS.
This determination of attaining data is based upon complete, quality-
assured and certified ambient air monitoring data for the 2009-2011
period showing that the Area has monitored attainment of the 2008 lead
NAAQS. Additionally, as a result of this determination, EPA is taking
final action to suspend the requirements for the Area to submit an
attainment demonstration, together with reasonably available control
measures (RACM), a reasonable further progress (RFP) plan, and
contingency measures for failure to meet RFP and attainment deadlines
for so long as the Area continues to attain the 2008 lead NAAQS.
DATES: Effective Date: This final rule is effective on September 28,
2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2012-0323. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not 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 for public inspection during normal business hours at the
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
FOR FURTHER INFORMATION CONTACT: Steve Scofield or Zuri Farngalo,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr.
Scofield may be reached by phone at (404) 562-9034 or via electronic
mail at scofield.steve@epa.gov. Mr. Farngalo may be reached by phone at
(404) 562-9152 or via electronic mail at farngalo.zuri@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the effect of this action?
III. What is EPA's final action?
IV. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is taking final action to determine that the Bristol Area
(comprising the portion of Sullivan County bounded by a 1.25 kilometer
radius surrounding the Universal Transverse Mercator (UTM) coordinates
4042923 meters E, 386267 meters N, Zone 17, which surrounds the Exide
Technologies Facility) has attaining data for the 2008 lead NAAQS. This
clean data determination is based upon quality assured, quality
controlled and certified ambient air monitoring data that shows the
Area has monitored attainment of the 2008 lead NAAQS based on the 2009-
2011 data. While still preliminary, the available 2012 monitoring data
also monitored attainment for the 2008 lead NAAQS.
Other specific requirements of the clean data determination and the
rationale for EPA's action are explained in the Notice of Proposed
Rulemaking (NPR) published on June 14, 2012 (77 FR 35652) and will not
be restated here. The comment period closed on July 16, 2012. No
comments, adverse or otherwise, were received in response to the NPR.
II. What is the effect of this action?
This final action suspends the requirements for this Area to submit
an attainment demonstration, associated RACM, RFP plan, and contingency
measures for failure to meet RFP and attainment deadlines so long as
this Area continues to meet the 2008 lead NAAQS. Finalizing this action
does not constitute a redesignation of the Bristol Area to attainment
for the 2008 lead NAAQS under section 107(d)(3) of the Clean Air Act
(CAA). Further, finalizing this action does not involve approving a
maintenance plan for the Area as required under section 175A of the
CAA, nor does it involve a determination that the Area has met all
requirements for a redesignation.
III. What is EPA's final action?
EPA is taking final action to determine that the Bristol Area has
attaining data for the 2008 lead NAAQS. This clean data determination
is based upon quality assured, quality controlled, and certified
ambient air monitoring data showing that this Area has monitored
attainment of the 2008 lead NAAQS during the period 2009-2011. This
final action suspends the requirements for this Area to submit an
attainment demonstration, associated RACM, RFP plans, and contingency
measures for failure to meet RFP and attainment deadlines so long as
this Area continues to meet the 2008 lead NAAQS. EPA is taking this
final action because it is in accordance with the CAA and EPA policy
and guidance.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
makes the determination based on air quality data, and suspends certain
federal requirements. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility
[[Page 52233]]
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 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]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. Amend Sec. 52.2236 by designating the existing undesignated
paragraph as paragraph (a), and adding paragraph (b) to read as
follows:
Sec. 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 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
