80 FR 60540 - Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2008 Ozone, 2008 Lead, and 2010 NO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 194 (October 7, 2015)
Federal Register Volume 80, Issue 194 (October 7, 2015)
| Page Range | 60540-60541 | |
| FR Document | 2015-25347 |
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)] [Rules and Regulations] [Pages 60540-60541] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25347] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2012-0974, FRL-9935-15-Region 8] Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2008 Ozone, 2008 Lead, and 2010 NO2 National Ambient Air Quality Standards; North Dakota AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving elements of State Implementation Plan (SIP) revisions from the State of North Dakota to demonstrate the State meets infrastructure requirements of the Clean Air Act (Act, CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for ozone on March 12, 2008; lead (Pb) on October 15, 2008; and nitrogen dioxide (NO2 ) on January 22, 2010. Section 110(a) of the CAA requires that each state submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA. DATES: This rule is effective November 6, 2015. ADDRESSES: The EPA has established a docket for this action under Docket Identification Number EPA-R08-OAR-2012-0974. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in the hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at EPA Region 8, Office of Partnerships and Regulatory Assistance, Air Program, 1595 Wynkoop Street, Denver, Colorado 80202-1129. The EPA requests that you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. The Regional Office's official hours of business are Monday through Friday, 8:00 a.m.-4:00 p.m., excluding federal holidays. An electronic copy of the State's SIP compilation is also available at http://www.epa.gov/region8/air/sip.html. FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6563, [email protected]. SUPPLEMENTARY INFORMATION: I. Background Infrastructure requirements for SIPs are provided in section 110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific infrastructure elements that a SIP must contain or satisfy. The elements that are the subject of this action are described in detail in our notice of proposed rulemaking (NPR) published on July 15, 2015 (80 FR 41450). The NPR proposed approval of North Dakota's submissions with respect to the following CAA section 110(a)(2) infrastructure elements for the 2008 ozone, 2008 Pb, and 2010 NO2 NAAQS: (A), (B), (C) with respect to minor NSR and PSD requirements, (D)(i)(II) elements 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M); and D(i)(I) elements 1 and 2 for the 2008 Pb and 2010 NO2 NAAQS. The NPR also proposed approval of element 4 of CAA section 110(a)(2)(D)(i)(II) for the 2006 fine particulate matter (PM2.5 ) NAAQS. EPA will act separately on infrastructure element (D)(i)(I), interstate transport elements 1 and 2 for the 2008 ozone NAAQS. The reasons for our approvals are provided in detail in the NPR. II. Response to Comments No comments were received on our July 15, 2015 NPR. III. Final Action EPA is approving the following infrastructure elements for the 2008 [[Page 60541]] ozone, 2008 Pb, and 2010 NO2 NAAQS: CAA 110(a)(2) (A), (B), (C) with respect to minor NSR and PSD requirements, (D)(i)(II) elements 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA is approving element 4 of 110(a)(2)(D)(i)(II) for the 2006 PM2.5 NAAQS. Finally, EPA is approving D(i)(I) elements 1 and 2 for the 2008 Pb and 2010 NO2 NAAQS. EPA will act separately on infrastructure element (D)(i)(I), interstate transport elements 1 and 2 for the 2008 ozone NAAQS.\1\ --------------------------------------------------------------------------- \1\ This action also corrects an error to a Federal Register citation in our NPR (80 FR 41450, July 15, 2015) on page 41454. The NPR incorrectly cites approval of the State's SIP-approved minor NSR program at 60 FR 43401 rather than the correct citation of 42 FR 26977 (May 26, 1977). --------------------------------------------------------------------------- IV. Statutory and Executive Orders Review 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 action merely approves relevant 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, Oct. 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, Aug. 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, Feb. 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 7, 2015. 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 CAA section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Greenhouse gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: September 21, 2015. Shaun L. McGrath, Regional Administrator, Region 8. 40 CFR part 52 is amended to read as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart JJ--North Dakota 0 2. Section 52.1833 is amended by adding paragraph (d) to read as follows: Sec. 52.1833 Section 110(a)(2) infrastructure requirements. * * * * * (d) EPA is approving the following infrastructure elements for the 2008 ozone, 2008 Pb , and 2010 NO2 NAAQS: CAA 110(a)(2) (A), (B), (C) with respect to minor NSR and PSD requirements, (D)(i)(II) elements 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA is approving element 4 of 110(a)(2)(D)(i)(II) for the 2006 PM2.5 NAAQS. Finally, EPA is approving D(i)(I) elements 1 and 2 for the 2008 Pb and 2010 NO2 NAAQS. [FR Doc. 2015-25347 Filed 10-6-15; 8:45 am] BILLING CODE 6560-50-P
![60540 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations
Regulatory Procedures § 1625.21 Apprenticeship programs. other material, such as copyrighted
The Commission finds that public All apprenticeship programs, material, is not placed on the Internet
notice-and-comment on this rule is including those apprenticeship and will be publicly available only in
unnecessary, because the revision programs created or maintained by joint the hard copy form. Publicly available
makes no substantive change; it merely labor-management organizations, are docket materials are available either
corrects an internal cross-referencing subject to the prohibitions of sec. 4 of electronically through http://
error. The rule is therefore exempt from the Age Discrimination in Employment www.regulations.gov or in hard copy at
the notice-and-comment requirements Act of 1967, as amended, 29 U.S.C. 623. EPA Region 8, Office of Partnerships
of 5 U.S.C. 553(b) under 5 U.S.C. Age limitations in apprenticeship and Regulatory Assistance, Air Program,
553(b)(B). This technical correction also programs are valid only if excepted 1595 Wynkoop Street, Denver, Colorado
is not ‘‘significant’’ for purposes of under sec. 4(f)(1) of the Act, 29 U.S.C. 80202–1129. The EPA requests that you
Executive Order 12866, as reaffirmed by 623(f)(1), or exempted by the contact the individual listed in the FOR
Commission under sec. 9 of the Act, 29 FURTHER INFORMATION CONTACT section to
E.O. 13563, and therefore is not subject
to review by Office of Management and U.S.C. 628, in accordance with the view the hard copy of the docket. The
Budget. procedures set forth in 29 CFR 1625.30. Regional Office’s official hours of
For the Commission. business are Monday through Friday,
Regulatory Analysis 8:00 a.m.–4:00 p.m., excluding federal
Jenny R. Yang,
Since this technical correction holidays. An electronic copy of the
Chair.
contains no substantive changes to the State’s SIP compilation is also available
[FR Doc. 2015–25491 Filed 10–6–15; 8:45 am]
law, EEOC certifies that it contains no at http://www.epa.gov/region8/air/
BILLING CODE 6570–01–P
new information collection sip.html.
requirements subject to review by the FOR FURTHER INFORMATION CONTACT:
Office of Management and Budget under ENVIRONMENTAL PROTECTION Abby Fulton, Air Program, U.S.
the Paperwork Reduction Act (44 U.S.C. AGENCY Environmental Protection Agency
chapter 35), it requires no formal cost- (EPA), Region 8, Mail Code 8P–AR,
benefit analysis pursuant to E.O. 12866, 40 CFR Part 52 1595 Wynkoop Street, Denver, Colorado
it creates no significant impact on small 80202–1129, 303–312–6563,
business entities subject to review under [EPA–R08–OAR–2012–0974, FRL–9935–15– fulton.abby@epa.gov.
Region 8]
the Regulatory Flexibility Act, and it SUPPLEMENTARY INFORMATION:
imposes no new economic burden Promulgation of State Implementation
requiring further analysis under the I. Background
Plan Revisions; Infrastructure
Unfunded Mandates Reform Act of Requirements for the 2008 Ozone, 2008 Infrastructure requirements for SIPs
1995. Lead, and 2010 NO2 National Ambient are provided in section 110(a)(1) and (2)
Congressional Review Act Air Quality Standards; North Dakota of the CAA. Section 110(a)(2) lists the
specific infrastructure elements that a
This correction is defined as a rule AGENCY: Environmental Protection SIP must contain or satisfy. The
under the Congressional Review Act, Agency (EPA). elements that are the subject of this
but not as a major rule. As a result, it ACTION: Final rule. action are described in detail in our
was provided to Congress and the notice of proposed rulemaking (NPR)
General Accountability Office pursuant SUMMARY: The Environmental Protection
published on July 15, 2015 (80 FR
to the requirements of 5 U.S.C. 801 as Agency (EPA) is approving elements of
41450).
interpreted by Office of Management State Implementation Plan (SIP)
The NPR proposed approval of North
and Budget Memorandum M–99–13. revisions from the State of North Dakota
Dakota’s submissions with respect to the
to demonstrate the State meets
List of Subjects in 29 CFR Part 1625 following CAA section 110(a)(2)
infrastructure requirements of the Clean
infrastructure elements for the 2008
Advertising, Age, Employee benefit Air Act (Act, CAA) for the National
ozone, 2008 Pb, and 2010 NO2 NAAQS:
plans, Equal employment opportunity, Ambient Air Quality Standards
(A), (B), (C) with respect to minor NSR
and Retirement. (NAAQS) promulgated for ozone on
and PSD requirements, (D)(i)(II)
March 12, 2008; lead (Pb) on October
For the reasons stated in the elements 3 and 4, (D)(ii), (E), (F), (G),
15, 2008; and nitrogen dioxide (NO2) on
preamble, the Equal Employment (H), (J), (K), (L), and (M); and D(i)(I)
January 22, 2010. Section 110(a) of the
Opportunity Commission amends 29 elements 1 and 2 for the 2008 Pb and
CAA requires that each state submit a
CFR part 1625 as follows: 2010 NO2 NAAQS. The NPR also
SIP for the implementation,
proposed approval of element 4 of CAA
PART 1625—AGE DISCRIMINATION IN maintenance, and enforcement of each
section 110(a)(2)(D)(i)(II) for the 2006
EMPLOYMENT ACT NAAQS promulgated by EPA.
fine particulate matter (PM2.5) NAAQS.
DATES: This rule is effective November EPA will act separately on infrastructure
■ 1. The authority citation for 29 CFR 6, 2015. element (D)(i)(I), interstate transport
part 1625 continues to read as follows: ADDRESSES: The EPA has established a elements 1 and 2 for the 2008 ozone
Authority: 29 U.S.C. 621–634; 5 U.S.C. docket for this action under Docket NAAQS. The reasons for our approvals
301; Pub. L. 99–502, 100 Stat. 3342; Identification Number EPA–R08–OAR– are provided in detail in the NPR.
asabaliauskas on DSK5VPTVN1PROD with RULES
Secretary’s Order No. 10–68; Secretary’s 2012–0974. All documents in the docket
Order No. 11–68; sec. 2, Reorg. Plan No. 1 of are listed on the http:// II. Response to Comments
1978, 43 FR 19807; Executive Order 12067, www.regulations.gov Web site. Although No comments were received on our
43 FR 28967. listed in the index, some information July 15, 2015 NPR.
■ 2. Revise § 1625.21 to read as follows: may not be publicly available, i.e.,
Confidential Business Information or III. Final Action
youth but not be available to older people covered other information the disclosure of EPA is approving the following
by the ADEA. which is restricted by statute. Certain infrastructure elements for the 2008
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![Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations 60541
ozone, 2008 Pb, and 2010 NO2 NAAQS: Act of 1995 (15 U.S.C. 272 note) because Authority: 42 U.S.C. 7401 et seq.
CAA 110(a)(2) (A), (B), (C) with respect application of those requirements would Dated: September 21, 2015.
to minor NSR and PSD requirements, be inconsistent with the CAA; and, Shaun L. McGrath,
(D)(i)(II) elements 3 and 4, (D)(ii), (E), • Does not provide EPA with the
Regional Administrator, Region 8.
(F), (G), (H), (J), (K), (L), and (M). EPA discretionary authority to address, as
is approving element 4 of appropriate, disproportionate human 40 CFR part 52 is amended to read as
110(a)(2)(D)(i)(II) for the 2006 PM2.5 health or environmental effects, using follows:
NAAQS. Finally, EPA is approving practicable and legally permissible
methods, under Executive Order 12898 PART 52—APPROVAL AND
D(i)(I) elements 1 and 2 for the 2008 Pb
(59 FR 7629, Feb. 16, 1994). PROMULGATION OF
and 2010 NO2 NAAQS. EPA will act
The SIP is not approved to apply on IMPLEMENTATION PLANS
separately on infrastructure element
(D)(i)(I), interstate transport elements 1 any Indian reservation land or in any
■ 1. The authority citation for part 52
and 2 for the 2008 ozone NAAQS.1 other area where EPA or an Indian tribe
continues to read as follows:
has demonstrated that a tribe has
IV. Statutory and Executive Orders jurisdiction. In those areas of Indian Authority: 42 U.S.C. 7401 et seq.
Review country, the rule does not have tribal
implications and will not impose Subpart JJ—North Dakota
Under the CAA, the Administrator is
required to approve a SIP submission substantial direct costs on tribal ■ 2. Section 52.1833 is amended by
that complies with the provisions of the governments or preempt tribal law as adding paragraph (d) to read as follows:
Act and applicable federal regulations specified by Executive Order 13175 (65
(42 U.S.C. 7410(k), 40 CFR 52.02(a)). FR 67249, November 9, 2000). § 52.1833 Section 110(a)(2) infrastructure
Thus, in reviewing SIP submissions, The Congressional Review Act, 5 requirements.
EPA’s role is to approve state choices, U.S.C. 801 et seq., as added by the Small * * * * *
provided that they meet the criteria of Business Regulatory Enforcement (d) EPA is approving the following
the CAA. Accordingly, this action Fairness Act of 1996, generally provides infrastructure elements for the 2008
merely approves relevant state law as that before a rule may take effect, the ozone, 2008 Pb, and 2010 NO2 NAAQS:
meeting federal requirements and does agency promulgating the rule must CAA 110(a)(2) (A), (B), (C) with respect
not impose additional requirements submit a rule report, which includes a to minor NSR and PSD requirements,
beyond those imposed by state law. For copy of the rule, to each House of the (D)(i)(II) elements 3 and 4, (D)(ii), (E),
that reason, this action: Congress and to the Comptroller General (F), (G), (H), (J), (K), (L), and (M). EPA
• Is not a ‘‘significant regulatory of the United States. EPA will submit a is approving element 4 of
action’’ subject to review by the Office report containing this action and other 110(a)(2)(D)(i)(II) for the 2006 PM2.5
of Management and Budget under required information to the U.S. Senate, NAAQS. Finally, EPA is approving
Executive Order 12866 (58 FR 51735, the U.S. House of Representatives, and D(i)(I) elements 1 and 2 for the 2008 Pb
Oct. 4, 1993); the Comptroller General of the United and 2010 NO2 NAAQS.
• Does not impose an information States prior to publication of the rule in [FR Doc. 2015–25347 Filed 10–6–15; 8:45 am]
collection burden under the provisions the Federal Register. A major rule
BILLING CODE 6560–50–P
of the Paperwork Reduction Act (44 cannot take effect until 60 days after it
U.S.C. 3501 et seq.); is published in the Federal Register.
• Is certified as not having a This action is not a ‘‘major rule’’ as ENVIRONMENTAL PROTECTION
significant economic impact on a defined by 5 U.S.C. 804(2). AGENCY
substantial number of small entities Under section 307(b)(1) of the Clean
under the Regulatory Flexibility Act (5 Air Act, petitions for judicial review of 40 CFR Part 52
U.S.C. 601 et seq.); this action must be filed in the United
[EPA–R01–OAR–2014–0605; A–1–FRL–
• Does not contain any unfunded States Court of Appeals for the
9935–31–Region 1]
mandate or significantly or uniquely appropriate circuit by December 7,
affect small governments, as described 2015. Filing a petition for Approval and Promulgation of Air
in the Unfunded Mandates Reform Act reconsideration by the Administrator of Quality Implementation Plans; Rhode
of 1995 (Pub. L. 104–4); this final rule does not affect the finality Island; Sulfur Content of Fuels
• Does not have federalism of this action for the purposes of judicial
implications as specified in Executive review nor does it extend the time AGENCY: Environmental Protection
Order 13132 (64 FR 43255, Aug. 10, within which a petition for judicial Agency (EPA).
1999); review may be filed, and shall not ACTION: Direct final rule.
• Is not an economically significant postpone the effectiveness of such rule
regulatory action based on health or or action. This action may not be SUMMARY: The Environmental Protection
safety risks subject to Executive Order challenged later in proceedings to Agency (EPA) is approving a State
13045 (62 FR 19885, April 23, 1997); enforce its requirements. (See CAA Implementation Plan (SIP) revision
• Is not a significant regulatory action section 307(b)(2).) submitted by the State of Rhode Island
subject to Executive Order 13211 (66 FR on June 26, 2014, with supplemental
28355, May 22, 2001); List of Subjects in 40 CFR Part 52 submittals on March 25, 2015 and
• Is not subject to requirements of Environmental protection, Air August 28, 2015. This SIP revision
asabaliauskas on DSK5VPTVN1PROD with RULES
Section 12(d) of the National pollution control, Carbon monoxide, includes a regulation that has been
Technology Transfer and Advancement Incorporation by reference, revised to require a lower sulfur content
Intergovernmental relations, for petroleum-based distillate and
1 This action also corrects an error to a Federal Greenhouse gases, Lead, Nitrogen residual fuel oils. In addition, outdated
Register citation in our NPR (80 FR 41450, July 15, dioxide, Ozone, Particulate matter, provisions in the regulation have been
2015) on page 41454. The NPR incorrectly cites
approval of the State’s SIP-approved minor NSR
Reporting and recordkeeping removed. The intended effect of this
program at 60 FR 43401 rather than the correct requirements, Sulfur oxides, Volatile action is to approve this regulation into
citation of 42 FR 26977 (May 26, 1977). organic compounds. the Rhode Island SIP. This action is
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Document Created: 2015-12-15 08:49:05
Document Modified: 2015-12-15 08:49:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective November 6, 2015. | |
| Contact | Abby Fulton, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6563, [email protected] | |
| FR Citation | 80 FR 60540 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Greenhouse Gases; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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