81 FR 1882 - Partial Approval and Disapproval of Nevada Air Plan Revisions, Clark County
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 9 (January 14, 2016)
Federal Register Volume 81, Issue 9 (January 14, 2016)
| Page Range | 1882-1884 | |
| FR Document | 2016-00340 |
[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)] [Rules and Regulations] [Pages 1882-1884] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00340] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0673; FRL-9941-13-Region 9] Partial Approval and Disapproval of Nevada Air Plan Revisions, Clark County AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing a partial approval and partial disapproval of revisions to the Clark County portion of the Nevada State Implementation Plan (SIP). The SIP revisions include rescission of four local rules that collectively apply to sources that emit volatile organic compounds (VOCs), oxides of sulfur (SOX ), and particulate matter (PM). In this final action, the EPA is approving the rescission of two of the rules and disapproving the rescission of the other two rules. Approval of the rescission of the two local rules removes them from the Nevada SIP. The two rules for which the EPA is disapproving rescission remain in the Nevada SIP. DATES: This rule is effective on February 16, 2016. ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0673 for this action. Generally, documents in the docket for this action are available electronically at http://www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105- 3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multi- volume reports), and some may not be available in either location (e.g., confidential business information (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972- 3073, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Proposed Action [[Page 1883]] II. Public Comments and EPA Responses III. EPA Action IV. Statutory and Executive Order Reviews I. Proposed Action On November 5, 2015 (80 FR 68486), under section 110(k)(3) of the Clean Air Act (CAA or ``Act''), the EPA proposed a partial approval and partial disapproval of the rescission of four local rules submitted by the Nevada Division of Environmental Protection (NDEP) on November 20, 2014 as a revision to the Clark County portion of the Nevada SIP. Table 1 lists the rule rescissions that the EPA is approving in today's action, as currently ordered in the Nevada SIP.\1\ --------------------------------------------------------------------------- \1\ Unless otherwise specified, all references to CCAQR Sections in this document are to those sections in their entirety. Table 1--Approved Rule Rescissions ---------------------------------------------------------------------------------------------------------------- Rule Section of the Clark County Air Quality Regulations Title Local effective SIP approval FR citation (CCAQR) date date ---------------------------------------------------------------------------------------------------------------- Section 29.................... Sulfur Contents of December 29, 1978 August 27, 1981. 46 FR 43141 Fuel Oil. Section 30, subsections 30.1- Incinerators.......... December 29, 1978 August 27, 1981. 46 FR 43141 30.7 (excluding subsection 30.4). Section 30, subsection 30.4... [exemptions for September 3, 1981 June 18, 1982... 47 FR 26386 certain types of incinerators]. Section 30, subsection 30.8... [related to maximum September 3, 1981 June 18, 1982... 47 FR 26386 allowable emission rates]. ---------------------------------------------------------------------------------------------------------------- Table 2 lists the rule rescissions that the EPA is disapproving in today's action, as currently ordered in the Nevada SIP. Table 2--Disapproved Rule Rescissions ---------------------------------------------------------------------------------------------------------------- Local effective SIP approval Rule Section of the CCAQR Title date date FR citation ---------------------------------------------------------------------------------------------------------------- Section 52, subsections 52.1- Handling of Gasoline December 28, 1978 April 14, 1981.. 46 FR 21758 52.10 (excluding subsections at Service Stations, 52.4.2.3 and 52.7.2). Airports and Storage Tanks. Section 52, subsections [related to vapor September 3, 1981 June 18, 1982... 47 FR 26386 52.4.2.3 and 52.7.2. recovery and sales information]. Section 60 (excluding Evaporation and June 28, 1979.... April 14, 1981.. 46 FR 21758 subsections 60.4.2-60.4.3). Leakage. Section 60, subsection 60.4.2. [General prohibition September 3, 1981 March 20, 1984.. 49 FR 10259 on the use of cutback asphalt]. Section 60, subsection 60.4.3. [Exceptions to September 3, 1981 June 18, 1982... 47 FR 26386 subsection 60.4.2]. ---------------------------------------------------------------------------------------------------------------- We proposed approval of the rescission of CCAQR sections 29 and 30, as approved into the SIP, based on our conclusion that these rules were not specifically required under the CAA and that rescission would be consistent with section 110(l) of the CAA, i.e., the rescission of the two rules would not interfere with attainment or maintenance of any of the national ambient air quality standards (NAAQS). We proposed to disapprove the rescission of CCAQR sections 52 and 60, as approved into the SIP, because rescission would be inconsistent with section 110(l) of the CAA. More specifically, we concluded that rescission of sections 52 and 60 would allow for an increase in VOC emissions and thus would not be protective of the 2008 ozone NAAQS. Our conclusion in this regard derives from the following findings: 1. The rescission of Section 52 would allow an increase in VOC emissions from gasoline dispensing facilities that would not be controlled by other regulations. 2. The rescission of Section 60 would allow an increase in VOC emissions from the allowance of cutback asphalt use during summer months that would not be controlled by other regulations. Our proposed action contains more information on the basis for this rulemaking and on our evaluation of the submittal. II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. During this period, we received no comments. III. EPA Action Under section 110(k)(3) of the Act, the EPA is finalizing a partial approval and partial disapproval of the SIP revision submitted by NDEP on November 20, 2014. More specifically, we are approving the rescission of CCAQR Sections 29 and 30 from the Nevada SIP and we are disapproving the rescission of CCAQR Sections 52 and 60. Rescission of CCAQR Sections 29 and 30 means the removal of the rules from the Nevada SIP. Disapproval of the rescission of CCAQR Sections 52 and 60 means that the rules remain in the Nevada SIP. This final partial disapproval does not trigger sanctions or a Federal Implementation Plan (FIP) clock. Sanctions will not be imposed under CAA section 179(b) because the SIP submittal that we are partially disapproving is not a required SIP submittal. The EPA will not promulgate a FIP in this instance under CAA section 110(c)(1) because the partial disapproval of the SIP revision retains existing SIP rules and does not reveal a deficiency in the SIP for the area that a FIP must correct. [[Page 1884]] IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by state law. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by state law. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to state, local, or tribal governments, or to the private sector, will result from this action. E. Executive Order 13132: Federalism This action does not have federalism implications. It will 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. F. Executive Order 13175: Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not impose additional requirements beyond those imposed by state law. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because application of those requirements would be inconsistent with the CAA. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population The EPA lacks the discretionary authority to address environmental justice in this rulemaking. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). L. Petitions for Judicial Review 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 March 14, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Dated: December 24, 2015. Alexis Strauss, Acting Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended 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 DD--Nevada Sec. 52.1470 [Amended] 0 2. In Sec. 52.1470 in paragraph (c), Table 3 is amended by removing the entries for ``Section 29,'' ``Section 30: Subsections 30.1-30.7 (excluding subsection 30.4),'' ``Section 30 (Incinerators): Subsection 30.4,'' and ``Section 30 (Incinerators): Subsection 30.8.'' [FR Doc. 2016-00340 Filed 1-13-16; 8:45 am] BILLING CODE 6560-50-P
![1882 Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations
• Is not subject to requirements of copy of the rule, to each House of the reference, Intergovernmental relations,
section 12(d) of the National Congress and to the Comptroller General Lead (Pb), Reporting and recordkeeping
Technology Transfer and Advancement of the United States. EPA will submit a requirements.
Act of 1995 (15 U.S.C. 272 note) because report containing this action and other
Dated: January 5, 2016.
application of those requirements would required information to the U.S. Senate,
be inconsistent with the Clean Air Act; the U.S. House of Representatives, and Ron Curry,
and the Comptroller General of the United Regional Administrator, Region 6.
• Does not provide EPA with the States prior to publication of the rule in 40 CFR part 52 is amended as follows:
discretionary authority to address, as the Federal Register. A major rule
appropriate, disproportionate human cannot take effect until 60 days after it PART 52—APPROVAL AND
health or environmental effects, using is published in the Federal Register. PROMULGATION OF
practicable and legally permissible This action is not a ‘‘major rule’’ as IMPLEMENTATION PLANS
methods, under Executive Order 12898 defined by 5 U.S.C. 804(2).
(59 FR 7629, February 16, 1994). Under section 307(b)(1) of the Clean
■ 1. The authority citation for part 52
Air Act, petitions for judicial review of
In addition, the SIP is not approved to this action must be filed in the United continues to read as follows:
apply on any Indian reservation land or States Court of Appeals for the Authority: 42 U.S.C. 7401 et seq.
in any other area where EPA or an appropriate circuit by March 14, 2016.
Indian tribe has demonstrated that a Filing a petition for reconsideration by Subpart SS—Texas
tribe has jurisdiction. In those areas of the Administrator of this final rule does
Indian country, the rule does not have not affect the finality of this action for ■ 2. In § 52.2270, the second table in
tribal implications and will not impose the purposed of judicial review nor does paragraph (e) titled ‘‘EPA Approved
substantial direct costs on tribal it extend the time within which a Nonregulatory Provisions and Quasi-
governments or preempt tribal law as petition for judicial review may be filed, Regulatory Measures in the Texas SIP’’
specified by Executive Order 13175 (65 and shall not postpone the effectiveness is amended by adding the entry
FR 67249, November 9, 2000). of such rule or action. This action may ‘‘Infrastructure and Interstate Transport
The Congressional Review Act, 5 not be challenged later in proceedings to for the 2008 Pb NAAQS’’ at the end of
U.S.C. 801 et seq., as added by the Small enforce its requirements. (See section
Business Regulatory Enforcement the table to read as follows:
307(b)(2)).
Fairness Act of 1996, generally provides § 52.2270 Identification of plan.
that before a rule may take effect, the List of Subjects in 40 CFR Part 52
* * * * *
agency promulgating the rule must Environmental protection, Air
submit a rule report, which includes a pollution control, Incorporation by (e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Applicable geographic or State submittal/effective
Name of SIP provision EPA approval date Comments
nonattainment area date
* * * * * * *
Infrastructure and Interstate Statewide ........................... 9/8/2011, 10/13/2011 1/14/2016 [Insert Federal
Transport for the 2008 Pb Register citation].
NAAQS.
[FR Doc. 2016–00574 Filed 1–13–16; 8:45 am] (SIP). The SIP revisions include San Francisco, California 94105–3901.
BILLING CODE 6560–50–P rescission of four local rules that While all documents in the docket are
collectively apply to sources that emit listed at http://www.regulations.gov,
volatile organic compounds (VOCs), some information may be publicly
ENVIRONMENTAL PROTECTION oxides of sulfur (SOX), and particulate available only at the hard copy location
AGENCY matter (PM). In this final action, the (e.g., copyrighted material, large maps,
EPA is approving the rescission of two multi-volume reports), and some may
40 CFR Part 52 of the rules and disapproving the not be available in either location (e.g.,
[EPA–R09–OAR–2015–0673; FRL–9941–13– rescission of the other two rules. confidential business information
Region 9] Approval of the rescission of the two (CBI)). To inspect the hard copy
local rules removes them from the materials, please schedule an
Partial Approval and Disapproval of Nevada SIP. The two rules for which the appointment during normal business
Nevada Air Plan Revisions, Clark EPA is disapproving rescission remain hours with the contact listed in the FOR
County in the Nevada SIP. FURTHER INFORMATION CONTACT section.
DATES: This rule is effective on February FOR FURTHER INFORMATION CONTACT:
AGENCY: Environmental Protection
Agency (EPA). 16, 2016. Kevin Gong, EPA Region IX, (415) 972–
mstockstill on DSK4VPTVN1PROD with RULES
ADDRESSES: The EPA has established 3073, Gong.Kevin@epa.gov.
ACTION: Final rule.
docket number EPA–R09–OAR–2015– SUPPLEMENTARY INFORMATION:
SUMMARY: The Environmental Protection 0673 for this action. Generally, Throughout this document, ‘‘we,’’ ‘‘us’’
Agency (EPA) is finalizing a partial documents in the docket for this action and ‘‘our’’ refer to the EPA.
approval and partial disapproval of are available electronically at http://
revisions to the Clark County portion of www.regulations.gov or in hard copy at Table of Contents
the Nevada State Implementation Plan EPA Region IX, 75 Hawthorne Street, I. Proposed Action
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![Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations 1883
II. Public Comments and EPA Responses Act (CAA or ‘‘Act’’), the EPA proposed revision to the Clark County portion of
III. EPA Action a partial approval and partial the Nevada SIP.
IV. Statutory and Executive Order Reviews disapproval of the rescission of four Table 1 lists the rule rescissions that
I. Proposed Action local rules submitted by the Nevada the EPA is approving in today’s action,
On November 5, 2015 (80 FR 68486), Division of Environmental Protection as currently ordered in the Nevada SIP.1
under section 110(k)(3) of the Clean Air (NDEP) on November 20, 2014 as a
TABLE 1—APPROVED RULE RESCISSIONS
Rule Section of the Clark County Air
Quality Regulations Title Local effective date SIP approval date FR citation
(CCAQR)
Section 29 .............................................. Sulfur Contents of Fuel Oil .................... December 29, 1978 August 27, 1981 .... 46 FR 43141
Section 30, subsections 30.1–30.7 (ex- Incinerators ............................................ December 29, 1978 August 27, 1981 .... 46 FR 43141
cluding subsection 30.4).
Section 30, subsection 30.4 .................. [exemptions for certain types of inciner- September 3, 1981 June 18, 1982 ........ 47 FR 26386
ators].
Section 30, subsection 30.8 .................. [related to maximum allowable emission September 3, 1981 June 18, 1982 ........ 47 FR 26386
rates].
Table 2 lists the rule rescissions that action, as currently ordered in the
the EPA is disapproving in today’s Nevada SIP.
TABLE 2—DISAPPROVED RULE RESCISSIONS
Rule Section of the CCAQR Title Local effective date SIP approval date FR citation
Section 52, subsections 52.1–52.10 (ex- Handling of Gasoline at Service Sta- December 28, 1978 April 14, 1981 ........ 46 FR 21758
cluding subsections 52.4.2.3 and tions, Airports and Storage Tanks.
52.7.2).
Section 52, subsections 52.4.2.3 and [related to vapor recovery and sales in- September 3, 1981 June 18, 1982 ........ 47 FR 26386
52.7.2. formation].
Section 60 (excluding subsections Evaporation and Leakage ...................... June 28, 1979 ........ April 14, 1981 ........ 46 FR 21758
60.4.2–60.4.3).
Section 60, subsection 60.4.2 ............... [General prohibition on the use of cut- September 3, 1981 March 20, 1984 ...... 49 FR 10259
back asphalt].
Section 60, subsection 60.4.3 ............... [Exceptions to subsection 60.4.2] .......... September 3, 1981 June 18, 1982 ........ 47 FR 26386
We proposed approval of the from gasoline dispensing facilities that Sections 29 and 30 from the Nevada SIP
rescission of CCAQR sections 29 and 30, would not be controlled by other and we are disapproving the rescission
as approved into the SIP, based on our regulations. of CCAQR Sections 52 and 60.
conclusion that these rules were not 2. The rescission of Section 60 would Rescission of CCAQR Sections 29 and
specifically required under the CAA and allow an increase in VOC emissions 30 means the removal of the rules from
that rescission would be consistent with from the allowance of cutback asphalt the Nevada SIP. Disapproval of the
section 110(l) of the CAA, i.e., the use during summer months that would rescission of CCAQR Sections 52 and 60
rescission of the two rules would not not be controlled by other regulations. means that the rules remain in the
interfere with attainment or Our proposed action contains more Nevada SIP.
maintenance of any of the national information on the basis for this
rulemaking and on our evaluation of the This final partial disapproval does not
ambient air quality standards (NAAQS).
submittal. trigger sanctions or a Federal
We proposed to disapprove the
Implementation Plan (FIP) clock.
rescission of CCAQR sections 52 and 60, II. Public Comments and EPA
as approved into the SIP, because Sanctions will not be imposed under
Responses CAA section 179(b) because the SIP
rescission would be inconsistent with
The EPA’s proposed action provided submittal that we are partially
section 110(l) of the CAA. More
a 30-day public comment period. During disapproving is not a required SIP
specifically, we concluded that
this period, we received no comments. submittal. The EPA will not promulgate
rescission of sections 52 and 60 would
allow for an increase in VOC emissions III. EPA Action a FIP in this instance under CAA
and thus would not be protective of the section 110(c)(1) because the partial
Under section 110(k)(3) of the Act, the disapproval of the SIP revision retains
2008 ozone NAAQS. Our conclusion in EPA is finalizing a partial approval and
this regard derives from the following existing SIP rules and does not reveal a
partial disapproval of the SIP revision
mstockstill on DSK4VPTVN1PROD with RULES
findings: deficiency in the SIP for the area that a
submitted by NDEP on November 20,
FIP must correct.
1. The rescission of Section 52 would 2014. More specifically, we are
allow an increase in VOC emissions approving the rescission of CCAQR
1 Unless otherwise specified, all references to
CCAQR Sections in this document are to those
sections in their entirety.
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IV. Statutory and Executive Order Thus, Executive Order 13175 does not shall not postpone the effectiveness of
Reviews apply to this action. such rule or action. This action may not
be challenged later in proceedings to
Additional information about these G. Executive Order 13045: Protection of
enforce its requirements (see section
statutes and Executive Orders can be Children From Environmental Health
307(b)(2)).
found at http://www2.epa.gov/laws- Risks and Safety Risks
regulations/laws-and-executive-orders. The EPA interprets Executive Order List of Subjects in 40 CFR Part 52
A. Executive Order 12866: Regulatory 13045 as applying only to those Environmental protection, Air
Planning and Review and Executive regulatory actions that concern pollution control, Incorporation by
Order 13563: Improving Regulation and environmental health or safety risks that reference, Intergovernmental relations,
Regulatory Review the EPA has reason to believe may Nitrogen dioxide, Ozone, Particulate
disproportionately affect children, per matter, Reporting and recordkeeping
This action is not a significant the definition of ‘‘covered regulatory requirements, Sulfur dioxide, Volatile
regulatory action and was therefore not action’’ in section 2–202 of the organic compounds.
submitted to the Office of Management Executive Order. This action is not
and Budget (OMB) for review. Dated: December 24, 2015.
subject to Executive Order 13045 Alexis Strauss,
B. Paperwork Reduction Act (PRA) because it does not impose additional
Acting Regional Administrator, Region IX.
requirements beyond those imposed by
This action does not impose an
state law. Part 52, Chapter I, Title 40 of the Code
information collection burden under the
of Federal Regulations is amended as
PRA because this action does not H. Executive Order 13211: Actions That
follows:
impose additional requirements beyond Significantly Affect Energy Supply,
those imposed by state law. Distribution, or Use PART 52—APPROVAL AND
C. Regulatory Flexibility Act (RFA) This action is not subject to Executive PROMULGATION OF
Order 13211, because it is not a IMPLEMENTATION PLANS
I certify that this action will not have significant regulatory action under
a significant economic impact on a Executive Order 12866. ■ 1. The authority citation for part 52
substantial number of small entities continues to read as follows:
under the RFA. This action will not I. National Technology Transfer and
Authority: 42 U.S.C. 7401 et seq.
impose any requirements on small Advancement Act (NTTAA)
entities beyond those imposed by state Section 12(d) of the NTTAA directs Subpart DD—Nevada
law. the EPA to use voluntary consensus
standards in its regulatory activities § 52.1470 [Amended]
D. Unfunded Mandates Reform Act
(UMRA) unless to do so would be inconsistent ■ 2. In § 52.1470 in paragraph (c), Table
with applicable law or otherwise 3 is amended by removing the entries
This action does not contain any impractical. The EPA believes that this for ‘‘Section 29,’’ ‘‘Section 30:
unfunded mandate as described in action is not subject to the requirements Subsections 30.1–30.7 (excluding
UMRA, 2 U.S.C. 1531–1538, and does of section 12(d) of the NTTAA because subsection 30.4),’’ ‘‘Section 30
not significantly or uniquely affect small application of those requirements would (Incinerators): Subsection 30.4,’’ and
governments. This action does not be inconsistent with the CAA. ‘‘Section 30 (Incinerators): Subsection
impose additional requirements beyond 30.8.’’
those imposed by state law. J. Executive Order 12898: Federal
Actions To Address Environmental [FR Doc. 2016–00340 Filed 1–13–16; 8:45 am]
Accordingly, no additional costs to
state, local, or tribal governments, or to Justice in Minority Populations and BILLING CODE 6560–50–P
the private sector, will result from this Low-Income Population
action. The EPA lacks the discretionary ENVIRONMENTAL PROTECTION
E. Executive Order 13132: Federalism authority to address environmental AGENCY
justice in this rulemaking.
This action does not have federalism 40 CFR Part 52
implications. It will not have substantial K. Congressional Review Act (CRA)
direct effects on the states, on the This action is subject to the CRA, and [EPA–R06–OAR–2015–0647; FRL–9941–21–
relationship between the national the EPA will submit a rule report to Region 6]
government and the states, or on the each House of the Congress and to the Approval and Promulgation of
distribution of power and Comptroller General of the United Implementation Plans; Arkansas;
responsibilities among the various States. This action is not a ‘‘major rule’’ Crittenden County Base Year Emission
levels of government. as defined by 5 U.S.C. 804(2). Inventory
F. Executive Order 13175: Coordination L. Petitions for Judicial Review
With Indian Tribal Governments AGENCY: Environmental Protection
Under section 307(b)(1) of the Clean Agency (EPA).
This action does not have tribal Air Act, petitions for judicial review of ACTION: Direct final rule.
implications, as specified in Executive this action must be filed in the United
Order 13175, because the SIP is not States Court of Appeals for the SUMMARY: The Environmental Protection
mstockstill on DSK4VPTVN1PROD with RULES
approved to apply on any Indian appropriate circuit by March 14, 2016. Agency (EPA) is approving a revision to
reservation land or in any other area Filing a petition for reconsideration by the Arkansas State Implementation Plan
where the EPA or an Indian tribe has the Administrator of this final rule does (SIP) submitted to meet the Clean Air
demonstrated that a tribe has not affect the finality of this rule for the Act (CAA) emissions inventory (EI)
jurisdiction, and will not impose purposes of judicial review nor does it requirement for the Crittenden County
substantial direct costs on tribal extend the time within which a petition ozone nonattainment area. EPA is
governments or preempt tribal law. for judicial review may be filed, and approving the SIP revision because it
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Document Created: 2016-01-14 02:50:44
Document Modified: 2016-01-14 02:50:44
| 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 on February 16, 2016. | |
| Contact | Kevin Gong, EPA Region IX, (415) 972- 3073, [email protected] | |
| FR Citation | 81 FR 1882 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds |
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