Approval and Promulgation of Implementation Plans; State of Arizona; Prevention of Air Pollution Emergency Episodes, 62452-62454 [2012-25022]
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62452
Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Rules and Regulations
therefore, no sanctions will be triggered.
This final action triggers the
requirement under section 110(c) that
EPA promulgate a Federal
Implementation Plan (FIP) no later than
2 years from the date of the disapproval
unless the State corrects the deficiency,
and the Administrator approves the
plan or plan revision before the
Administrator promulgates such FIP.
erowe on DSK2VPTVN1PROD with
IV. Statutory and Executive Order
Reviews
Under the CAA, 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 CAA. Accordingly this final action
disapproves state law because it does
not meet federal requirements. 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 CAA; 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).
VerDate Mar<15>2010
15:18 Oct 12, 2012
Jkt 229001
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 14, 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 in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: September 27, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 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.
Frm 00036
Fmt 4700
Sfmt 4700
2. Section 52.62 is amended by adding
paragraph (e), to read as follows:
■
§ 52.62 Control strategy: Sulfur oxides and
particulate matter.
*
*
*
*
*
(e) Disapproval. EPA is disapproving
portions of Alabama’s Infrastructure SIP
for the 1997 annual and 2006 24-hour
PM2.5 NAAQS addressing section
110(a)(2)(E)(ii) that requires the State to
comply with section 128 of the CAA.
[FR Doc. 2012–25149 Filed 10–12–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR part 52
[EPA–R09–OAR–2012–0244; FRL–9713–4]
Approval and Promulgation of
Implementation Plans; State of
Arizona; Prevention of Air Pollution
Emergency Episodes
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Final rule.
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Arizona to
address the requirements regarding air
pollution emergency episodes in Clean
Air Act (CAA or Act).
SUMMARY:
This final rule is effective on
November 14, 2012.
DATES:
EPA has established a
docket for this action, identified by
Docket ID Number EPA–R09–OAR–
2012–0244. The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California 94105–
3901. While all documents in the docket
are listed in the index, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material), and some may
not be publicly available in either
location (e.g., confidential business
information). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed directly
below.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
■
PO 00000
Subpart B—Alabama
Jeffrey Buss, Air Planning Office (AIR–
2), U.S. Environmental Protection
Agency, Region IX, (415) 947–4152,
buss.jeffrey@epa.gov.
E:\FR\FM\15OCR1.SGM
15OCR1
Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
On April 12, 2012 (77 FR 21911), EPA
proposed to approve a SIP revision
submitted by the State of Arizona to
address the requirements regarding air
pollution emergency episodes in CAA
section 110(a)(2)(G). Section
110(a)(2)(G) requires that each SIP
provide for authority comparable to that
in section 303 of the Act (‘‘Emergency
Powers’’) and adequate contingency
plans to implement such authority. EPA
proposed to approve Arizona’s SIP
revision as meeting the authority and
contingency plans for the 1997 8-hour
ozone National Ambient Air Quality
Standard (NAAQS).
The rationale supporting EPA’s
action, including the scope of
infrastructure SIPs in general, is
explained in the Notice of Proposed
Rulemaking (NPR) and in the technical
support document (TSD) for that action
and will not be restated here. The TSD
is available online at https://
www.regulations.gov, Docket ID number
EPA–R09–OAR–2012–0244. No public
comments were received on the NPR.
erowe on DSK2VPTVN1PROD with
II. Final Action
EPA is approving Arizona’s SIP
revision as meeting the authority and
contingency plans for the 1997 8-hour
ozone National Ambient Air Quality
Standards (NAAQS or standards).
The Arizona Emergency Episode Plan
is substantively identical to the CAA
section 110(a)(2)(G) rule currently
approved into Arizona’s SIP (R9–3–219,
‘‘Air pollution emergency episodes’’),
which EPA approved in 1982 (47 FR
42572, September 28, 1982), with one
exception which makes it more
stringent than the SIP program. We
determine that our approval of this
submittal would comply with CAA
section 110(l), because the SIP revision
would not interfere with the ongoing
process for ensuring that requirements
for reasonable further progress (RFP)
and attainment of the NAAQS are met,
and the submitted SIP revision is more
stringent than the rule previously
approved into the SIP. We also
determine that our approval of the
submittal would comply with CAA
section 193, to the extent it applies,
because the SIP revision would ensure
equivalent or greater emission
VerDate Mar<15>2010
15:18 Oct 12, 2012
Jkt 229001
reductions of ozone precursors
compared to the SIP-approved rule.
Therefore, EPA is removing the
superseded Rule R9–3–219 from the SIP
and approving Rule R18–2–220 and the
‘‘Procedures for Prevention of
Emergency Episodes,’’ into the SIP.
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).
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
62453
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 December 14,
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 in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 26, 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—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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62454
Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Rules and Regulations
Subpart D—Arizona
2. Section 52.120 is amended by
adding paragraphs (c)(54)(i)(F) and
(c)(151) to read as follows:
■
§ 52.120
Identification of plan.
*
*
*
*
*
(c) * * *
(54) * * *
(i) * * *
*
*
*
*
*
(F) Previously approved on September
28, 1982, in paragraph (54)(i)(C), and
now deleted without replacement: R9–
3–219.
*
*
*
*
*
(151) The following plan revisions
were submitted on August 15, 1994 by
the Governor’s designee.
(i) Incorporation by reference.
(A) Arizona Department of
Environmental Quality.
(1) Rule R18–2–220, Air pollution
emergency episodes, Department of
Environmental Quality-Air Pollution
Control, amended effective September
26, 1990.
(2) A letter from Eric C. Massey,
Director, Air Quality, Arizona
Department of Environmental Quality,
to Jared Blumenfeld, Regional
Administrator, US EPA, dated August
30, 2012, certifying that the attached
copy of a document titled ‘‘Procedures
for Prevention of Emergency Episodes:
1988 Edition’’ is a true and correct copy
of the original and is an official
publication of the Arizona Department
of Environmental Quality.
(3) ‘‘Procedures for Prevention of
Emergency Episodes,’’ 1988 edition,
Arizona Department of Environmental
Quality.
[FR Doc. 2012–25022 Filed 10–12–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2008–0177; FRL–9740–9]
Approval and Promulgation of
Implementation Plans; Portion of York
County, South Carolina Within
Charlotte-Gastonia-Rock Hill, North
Carolina-South Carolina 1997 8-Hour
Ozone Nonattainment Area;
Reasonable Further Progress Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
EPA is taking direct final
action to approve two state
implementation plan (SIP) revisions,
SUMMARY:
VerDate Mar<15>2010
15:18 Oct 12, 2012
Jkt 229001
submitted by the South Carolina
Department of Health and
Environmental Control (SC DHEC), on
August 31, 2007, and April 29, 2010, to
address the reasonable further progress
(RFP) plan requirements for the 1997 8hour ozone national ambient air quality
standards (NAAQS) for the portion of
York County, South Carolina that is
within the bi-state Charlotte-GastoniaRock Hill 1997 8-hour ozone
nonattainment area. The CharlotteGastonia-Rock Hill, North CarolinaSouth Carolina 1997 8-hour ozone
nonattainment area (hereafter referred to
as the ‘‘bi-state Charlotte Area’’) is
comprised of Cabarrus, Gaston, Lincoln,
Mecklenburg, Rowan, Union and a
portion of Iredell (Davidson and Coddle
Creek Townships) Counties in North
Carolina; and a portion of York County
in South Carolina (hereafter referred to
as ‘‘the York County Area’’). EPA is also
providing the status of its adequacy
determination for the motor vehicle
emissions budgets (MVEB) for volatile
organic compounds (VOC) that were
included in South Carolina’s RFP plan.
Further, EPA is approving these MVEB.
These actions are being taken pursuant
to section 110 of the Clean Air Act (CAA
or Act). EPA will take action on North
Carolina’s RFP plan for its portion of the
bi-state Charlotte Area, in a separate
action.
DATES: This direct final rule is effective
December 14, 2012 without further
notice, unless EPA receives adverse
comment by November 14, 2012. If EPA
receives such comments, it will publish
a timely withdrawal of the direct final
rule in the Federal Register and inform
the public that the rule will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number, ‘‘EPA–
R04–OAR–2008–0177,’’ by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-RDS@epa.gov.
3. Fax: 404–562–9019.
4. Mail: ‘‘EPA–R04–OAR–2008–
0177,’’ 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.
5. Hand Delivery or Courier: Ms.
Lynorae Benjamin, Chief, 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. Such
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
federal holidays.
Instructions: Direct your comments to
Docket ID Number, ‘‘EPA–R04–OAR–
2008–0177.’’ EPA’s policy is that all
comments received 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 information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. 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.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy 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.,
E:\FR\FM\15OCR1.SGM
15OCR1
]]>Agencies
[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Rules and Regulations]
[Pages 62452-62454]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25022]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR part 52
[EPA-R09-OAR-2012-0244; FRL-9713-4]
Approval and Promulgation of Implementation Plans; State of
Arizona; Prevention of Air Pollution Emergency Episodes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Arizona to address the requirements regarding
air pollution emergency episodes in Clean Air Act (CAA or Act).
DATES: This final rule is effective on November 14, 2012.
ADDRESSES: EPA has established a docket for this action, identified by
Docket ID Number EPA-R09-OAR-2012-0244. The index to the docket for
this action is available electronically at https://www.regulations.gov
and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco,
California 94105-3901. While all documents in the docket are listed in
the index, some information may be publicly available only at the hard
copy location (e.g., copyrighted material), and some may not be
publicly available in either location (e.g., confidential business
information). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed
directly below.
FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, Air Planning Office
(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 947-
4152, buss.jeffrey@epa.gov.
[[Page 62453]]
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
On April 12, 2012 (77 FR 21911), EPA proposed to approve a SIP
revision submitted by the State of Arizona to address the requirements
regarding air pollution emergency episodes in CAA section 110(a)(2)(G).
Section 110(a)(2)(G) requires that each SIP provide for authority
comparable to that in section 303 of the Act (``Emergency Powers'') and
adequate contingency plans to implement such authority. EPA proposed to
approve Arizona's SIP revision as meeting the authority and contingency
plans for the 1997 8-hour ozone National Ambient Air Quality Standard
(NAAQS).
The rationale supporting EPA's action, including the scope of
infrastructure SIPs in general, is explained in the Notice of Proposed
Rulemaking (NPR) and in the technical support document (TSD) for that
action and will not be restated here. The TSD is available online at
https://www.regulations.gov, Docket ID number EPA-R09-OAR-2012-0244. No
public comments were received on the NPR.
II. Final Action
EPA is approving Arizona's SIP revision as meeting the authority
and contingency plans for the 1997 8-hour ozone National Ambient Air
Quality Standards (NAAQS or standards).
The Arizona Emergency Episode Plan is substantively identical to
the CAA section 110(a)(2)(G) rule currently approved into Arizona's SIP
(R9-3-219, ``Air pollution emergency episodes''), which EPA approved in
1982 (47 FR 42572, September 28, 1982), with one exception which makes
it more stringent than the SIP program. We determine that our approval
of this submittal would comply with CAA section 110(l), because the SIP
revision would not interfere with the ongoing process for ensuring that
requirements for reasonable further progress (RFP) and attainment of
the NAAQS are met, and the submitted SIP revision is more stringent
than the rule previously approved into the SIP. We also determine that
our approval of the submittal would comply with CAA section 193, to the
extent it applies, because the SIP revision would ensure equivalent or
greater emission reductions of ozone precursors compared to the SIP-
approved rule. Therefore, EPA is removing the superseded Rule R9-3-219
from the SIP and approving Rule R18-2-220 and the ``Procedures for
Prevention of Emergency Episodes,'' into the SIP.
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 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 December 14, 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: July 26, 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--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 62454]]
Subpart D--Arizona
0
2. Section 52.120 is amended by adding paragraphs (c)(54)(i)(F) and
(c)(151) to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(54) * * *
(i) * * *
* * * * *
(F) Previously approved on September 28, 1982, in paragraph
(54)(i)(C), and now deleted without replacement: R9-3-219.
* * * * *
(151) The following plan revisions were submitted on August 15,
1994 by the Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Rule R18-2-220, Air pollution emergency episodes, Department of
Environmental Quality-Air Pollution Control, amended effective
September 26, 1990.
(2) A letter from Eric C. Massey, Director, Air Quality, Arizona
Department of Environmental Quality, to Jared Blumenfeld, Regional
Administrator, US EPA, dated August 30, 2012, certifying that the
attached copy of a document titled ``Procedures for Prevention of
Emergency Episodes: 1988 Edition'' is a true and correct copy of the
original and is an official publication of the Arizona Department of
Environmental Quality.
(3) ``Procedures for Prevention of Emergency Episodes,'' 1988
edition, Arizona Department of Environmental Quality.
[FR Doc. 2012-25022 Filed 10-12-12; 8:45 am]
BILLING CODE 6560-50-P
