
[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]


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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.

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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
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                                         Commonwealth
        Puerto Rico regulation          effective date      EPA approval date                 Comments
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                                                  * * * * * * *
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]
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