81 FR 3334 - Air Plan Approval; Wisconsin; Wisconsin State Board Requirements
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 13 (January 21, 2016)
Federal Register Volume 81, Issue 13 (January 21, 2016)
| Page Range | 3334-3336 | |
| FR Document | 2016-01015 |
[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)] [Rules and Regulations] [Pages 3334-3336] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01015] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2015-0464; FRL-9939-78-Region 5] Air Plan Approval; Wisconsin; Wisconsin State Board Requirements AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing approval of state implementation plan (SIP) submissions from Wisconsin regarding the state board requirements under section 128 of the Clean Air Act (CAA). EPA is also approving elements of SIP submissions from Wisconsin regarding the infrastructure requirements of section 110, relating to state boards for the 1997 ozone, 1997 fine particulate (PM2.5 ), 2006 PM2.5 , 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide (NO2 ), and 2010 sulfur dioxide (SO2 ) National Ambient Air Quality Standards (NAAQS). The proposed rulemaking associated with this final action was published on September 11, 2015, and EPA received no comments during the comment period, which ended on October 13, 2015. DATES: This final rule is effective on February 22, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2015-0464. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (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 through www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Eric Svingen, Environmental Engineer, at (312) 353-4489 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. What is the background of these SIP submissions? II. What guidance is EPA using to evaluate these SIP submissions? III. What is the result of EPA's review of these SIP submissions? IV. What action is EPA taking? V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. What is the background of these SIP submissions? This rulemaking addresses submissions from the Wisconsin Department of Natural Resources (WDNR) dated July 2, 2015. These [[Page 3335]] submissions are intended to address CAA requirements relating to the state board requirements under section 128, as well as infrastructure requirements of section 110, relating to state boards for the 1997 ozone, 1997 PM2.5 , 2006 PM2.5 , 2008 Pb, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. The requirement for states to make infrastructure SIP submissions arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions ``within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),'' and these SIP submissions are to provide for the ``implementation, maintenance, and enforcement'' of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA's taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that ``[e]ach such plan'' submission must address. EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of CAA section 110(a)(1) and (2) as ``infrastructure SIP'' submissions. Although the term ``infrastructure SIP'' does not appear in the CAA, EPA uses the term to distinguish this particular type of SIP submission from submissions that are intended to satisfy other SIP requirements under the CAA. This specific rulemaking is only taking action on the CAA 110(a)(2)(E)(ii) element of these infrastructure SIP requirements, which is the only infrastructure SIP element addressed in WDNR's submittal dated July 2, 2015. II. What guidance is EPA using to evaluate these SIP submissions? EPA's guidance for these submissions is highlighted in an October 2, 2007, guidance document entitled ``Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5 \1\ National Ambient Air Quality Standards'' (2007 Guidance). Further guidance is provided in a September 13, 2013, document entitled ``Guidance on Infrastructure State Implementation Plan (SIP) Elements under CAA Sections 110(a)(1) and (2)'' (2013 Guidance). --------------------------------------------------------------------------- \1\ PM2.5 refers to particles with an aerodynamic diameter of less than or equal to 2.5 micrometers, oftentimes referred to as ``fine'' particles. --------------------------------------------------------------------------- III. What is the result of EPA's review of these SIP submissions? Pursuant to section 110(a), states must provide reasonable notice and opportunity for public hearing for all infrastructure SIP submissions. WDNR provided notice of a public comment period on May 9, 2015, held a public hearing at WDNR State Headquarters on June 9, 2015, and closed the public comment period on June 11, 2015. No comments were received. Wisconsin provided a detailed synopsis of how various components of its SIP meet each of the applicable requirements in section 128 and 110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5 , 2006 PM2.5 , 2008 Pb, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS, as applicable. On September 11, 2015 (80 FR 54744), EPA published a proposed rule that would approve these submissions into Wisconsin's SIP. This proposed rule contained a detailed evaluation of how Wisconsin's submissions satisfy certain requirements under CAA sections 110 and 128. No comments were received. Therefore, EPA is finalizing this rule as proposed. IV. What action is EPA taking? EPA is taking final action to incorporate Wis. Stats. 15.05, 19.45(2), and 19.46 into Wisconsin's SIP. EPA is further approving these submissions as meeting CAA obligations under section 128, as well as 110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5, 2006 PM2.5 , 2008 Pb, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. V. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Wisconsin Regulations described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA 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 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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). In addition, 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 [[Page 3336]] 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 March 21, 2016. 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: November 23, 2015. Susan Hedman, Regional Administrator, Region 5. 40 CFR part 52 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. 0 2. Section 52.2570 is amended by adding paragraph (c)(134) to read as follows: Sec. 52.2570 Identification of plan. * * * * * (c) * * * (134) On July 2, 2015, the Wisconsin Department of Natural Resources submitted a request to revise the State Implementation Plan to satisfy the state board requirements under section 128 of the Clean Air Act. (i) Incorporation by reference. (A) Wisconsin Statutes, section 15.05 Secretaries, as revised by 2013 Wisconsin Act 20, enacted on June 30, 2013. (A copy of 2013 Wisconsin Act 20 is attached to section 15.05 to verify the enactment date.) (B) Wisconsin Statutes, section 19.45(2), as revised by 1989 Wisconsin Act 338, enacted on April 27, 1990. (A copy of 1989 Wisconsin Act 338 is attached to section 19.45(2) to verify the enactment date.) (C) Wisconsin Statutes, section 19.46 Conflict of interest prohibited; exception, as revised by 2007 Wisconsin Act 1, enacted on February 2, 2007. (A copy of 2007 Wisconsin Act 1 is attached to section 19.46 to verify the enactment date.) 0 3. Section 52.2591 is amended by adding paragraph (j) to read as follows: Sec. 52.2591 Section 110(a)(2) infrastructure requirements. * * * * * (j) Approval--In a July 2, 2015, submission, Wisconsin certified that the state has satisfied the infrastructure SIP requirements of section 110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM 2.5 , 2006 PM2.5 , 2008 Pb, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. [FR Doc. 2016-01015 Filed 1-20-16; 8:45 am] BILLING CODE 6560-50-P
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Show, Detroit River, Detroit, MI. This Port Detroit may remove any person, (PM2.5), 2006 PM2.5, 2008 lead (Pb), 2008
security zone is intended to restrict vessel, article, or thing from this ozone, 2010 nitrogen dioxide (NO2), and
vessels from a portion of the Detroit security zone. No person may board, or 2010 sulfur dioxide (SO2) National
River in order to ensure the safety and take or place any article or thing on Ambient Air Quality Standards
security of participants, visitors, and board any vessel in this security zone (NAAQS). The proposed rulemaking
public officials at the North American without the permission of the Captain of associated with this final action was
International Auto Show (NAIAS), Port Detroit. No person may take or published on September 11, 2015, and
which is being held at Cobo Hall in place any article or thing upon any EPA received no comments during the
downtown Detroit, MI. Vessels in close waterfront facility in this security zone comment period, which ended on
proximity to the security zone will be without the permission of the Captain of October 13, 2015.
subject to increased monitoring and the Port Detroit. DATES: This final rule is effective on
boarding during the enforcement of the Vessels that wish to transit through February 22, 2016.
security zone. No person or vessel may this security zone shall request ADDRESSES: EPA has established a
enter the security zone while it is being permission from the Captain of the Port docket for this action under Docket ID
enforced without permission of the Detroit or his designated representative. No. EPA–R05–OAR–2015–0464. All
Captain of the Port Detroit. Requests must be made in advance and documents in the docket are listed on
DATES: The security zone regulation approved by the Captain of Port before the www.regulations.gov Web site.
described in 33 CFR 165.915(a)(3) is transits will be authorized. Approvals Although listed in the index, some
effective without actual notice from may be granted on a case by case basis. information is not publicly available,
January 21, 2016 through 11:59 p.m. on The Captain of the Port may be i.e., Confidential Business Information
January 24, 2016. For purposes of contacted via U.S. Coast Guard Sector (CBI) or other information whose
enforcement, actual notice will be used Detroit on channel 16, VHF–FM. The disclosure is restricted by statute.
from 8 a.m. on January 11, 2016 through Coast Guard will give notice to the Certain other material, such as
January 21, 2016. public via Local Notice to Mariners and copyrighted material, is not placed on
FOR FURTHER INFORMATION CONTACT: If VHF radio broadcasts that the regulation the Internet and will be publicly
you have questions on this document, is in effect. available only in hard copy form.
call or email LCDR Nicholas Seniuk, This document is issued under Publicly available docket materials are
Prevention, U.S. Coast Guard Sector authority of 33 CFR 165.915 and 5 available either electronically through
Detroit, 110 Mount Elliot Ave., Detroit, U.S.C. 552(a). If the Captain of the Port www.regulations.gov or in hard copy at
MI 48207; telephone (313) 568–9508; determines that this security zone need the Environmental Protection Agency,
email Nicholas.C.Seniuk@uscg.mil. not be enforced for the full duration Region 5, Air and Radiation Division, 77
SUPPLEMENTARY INFORMATION: The Coast stated in this document; he may West Jackson Boulevard, Chicago,
Guard will enforce the North American suspend such enforcement and notify Illinois 60604. This facility is open from
International Auto Show, Detroit River, the public of the suspension via a 8:30 a.m. to 4:30 p.m., Monday through
Detroit, MI security zone listed in 33 Broadcast Notice to Mariners. Friday, excluding Federal holidays. We
CFR 165.915(a)(3). This security zone Dated: January 8, 2016. recommend that you telephone Eric
includes all waters of the Detroit River Raymond Negron, Svingen, Environmental Engineer, at
encompassed by a line beginning at a Commander, U.S. Coast Guard, Acting (312) 353–4489 before visiting the
point of origin on land adjacent to the Captain of the Port Detroit. Region 5 office.
west end of Joe Louis Arena at 42°19.44′ [FR Doc. 2016–01190 Filed 1–20–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: Eric
N., 083°03.11′ W.; then extending BILLING CODE 9110–04–P Svingen, Environmental Engineer,
offshore approximately 150 yards to Attainment Planning and Maintenance
42°19.39′ N., 083°03.07′ W.; then Section, Air Programs Branch (AR–18J),
proceeding upriver approximately 2000 ENVIRONMENTAL PROTECTION Environmental Protection Agency,
yards to a point at 42°19.72′ N., AGENCY Region 5, 77 West Jackson Boulevard,
083°01.88′ W.; then proceeding onshore Chicago, Illinois 60604, (312) 353–4489,
to a point on land adjacent the 40 CFR Part 52 svingen.eric@epa.gov.
Tricentennial State Park at 42°19.79′ N., SUPPLEMENTARY INFORMATION:
083°01.90′ W.; then proceeding [EPA–R05–OAR–2015–0464; FRL–9939–78–
Region 5] Throughout this document whenever
downriver along the shoreline to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
connect back to the point of origin. All Air Plan Approval; Wisconsin; EPA. This supplementary information
coordinates are North American Datum Wisconsin State Board Requirements section is arranged as follows:
1983.
All persons and vessels shall comply AGENCY: Environmental Protection I. What is the background of these SIP
with the instructions of the Captain of Agency (EPA). submissions?
the Port Detroit or his designated on- II. What guidance is EPA using to evaluate
ACTION: Final rule. these SIP submissions?
scene representative, who may be III. What is the result of EPA’s review of
contacted via VHF Channel 16. SUMMARY: The Environmental Protection these SIP submissions?
Under the provisions of 33 CFR Agency (EPA) is finalizing approval of IV. What action is EPA taking?
165.33, no person or vessel may enter or state implementation plan (SIP) V. Incorporation by Reference
remain in this security zone without the submissions from Wisconsin regarding VI. Statutory and Executive Order Reviews
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permission of the Captain of the Port the state board requirements under
Detroit. Each person and vessel in this section 128 of the Clean Air Act (CAA). I. What is the background of these SIP
security zone shall obey any direction or EPA is also approving elements of SIP submissions?
order of the Captain of the Port Detroit. submissions from Wisconsin regarding This rulemaking addresses
The Captain of the Port Detroit may take the infrastructure requirements of submissions from the Wisconsin
possession and control of any vessel in section 110, relating to state boards for Department of Natural Resources
this security zone. The Captain of the the 1997 ozone, 1997 fine particulate (WDNR) dated July 2, 2015. These
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submissions are intended to address III. What is the result of EPA’s review the CAA. Accordingly, this action
CAA requirements relating to the state of these SIP submissions? merely approves state law as meeting
board requirements under section 128, Pursuant to section 110(a), states must Federal requirements and does not
as well as infrastructure requirements of provide reasonable notice and impose additional requirements beyond
section 110, relating to state boards for opportunity for public hearing for all those imposed by state law. For that
the 1997 ozone, 1997 PM2.5, 2006 PM2.5, infrastructure SIP submissions. WDNR reason, this action:
2008 Pb, 2008 ozone, 2010 NO2, and provided notice of a public comment • Is not a significant regulatory action
2010 SO2 NAAQS. period on May 9, 2015, held a public subject to review by the Office of
hearing at WDNR State Headquarters on Management and Budget under
The requirement for states to make Executive Orders 12866 (58 FR 51735,
infrastructure SIP submissions arises June 9, 2015, and closed the public
comment period on June 11, 2015. No October 4, 1993) and 13563 (76 FR 3821,
out of CAA section 110(a)(1). Pursuant January 21, 2011);
comments were received.
to section 110(a)(1), states must make
Wisconsin provided a detailed • Does not impose an information
SIP submissions ‘‘within 3 years (or collection burden under the provisions
synopsis of how various components of
such shorter period as the Administrator its SIP meet each of the applicable of the Paperwork Reduction Act (44
may prescribe) after the promulgation of requirements in section 128 and U.S.C. 3501 et seq.);
a national primary ambient air quality 110(a)(2)(E)(ii) for the 1997 ozone, 1997 • Is certified as not having a
standard (or any revision thereof),’’ and PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, significant economic impact on a
these SIP submissions are to provide for 2010 NO2, and 2010 SO2 NAAQS, as substantial number of small entities
the ‘‘implementation, maintenance, and applicable. under the Regulatory Flexibility Act (5
enforcement’’ of such NAAQS. The On September 11, 2015 (80 FR 54744), U.S.C. 601 et seq.);
statute directly imposes on states the EPA published a proposed rule that • Does not contain any unfunded
duty to make these SIP submissions, would approve these submissions into mandate or significantly or uniquely
and the requirement to make the Wisconsin’s SIP. This proposed rule affect small governments, as described
submissions is not conditioned upon contained a detailed evaluation of how in the Unfunded Mandates Reform Act
EPA’s taking any action other than Wisconsin’s submissions satisfy certain of 1995 (Pub. L. 104–4);
promulgating a new or revised NAAQS. requirements under CAA sections 110 • Does not have Federalism
Section 110(a)(2) includes a list of and 128. No comments were received. implications as specified in Executive
Therefore, EPA is finalizing this rule as Order 13132 (64 FR 43255, August 10,
specific elements that ‘‘[e]ach such
proposed. 1999);
plan’’ submission must address. • Is not an economically significant
EPA has historically referred to these IV. What action is EPA taking? regulatory action based on health or
SIP submissions made for the purpose EPA is taking final action to safety risks subject to Executive Order
of satisfying the requirements of CAA incorporate Wis. Stats. 15.05, 19.45(2), 13045 (62 FR 19885, April 23, 1997);
section 110(a)(1) and (2) as and 19.46 into Wisconsin’s SIP. EPA is • Is not a significant regulatory action
‘‘infrastructure SIP’’ submissions. further approving these submissions as subject to Executive Order 13211 (66 FR
Although the term ‘‘infrastructure SIP’’ meeting CAA obligations under section 28355, May 22, 2001);
does not appear in the CAA, EPA uses 128, as well as 110(a)(2)(E)(ii) for the • Is not subject to requirements of
the term to distinguish this particular 1997 ozone, 1997 PM2.5, 2006 PM2.5, Section 12(d) of the National
type of SIP submission from 2008 Pb, 2008 ozone, 2010 NO2, and Technology Transfer and Advancement
submissions that are intended to satisfy 2010 SO2 NAAQS. Act of 1995 (15 U.S.C. 272 note) because
other SIP requirements under the CAA. application of those requirements would
V. Incorporation by Reference be inconsistent with the CAA; and
This specific rulemaking is only taking
In this rule, EPA is finalizing • Does not provide EPA with the
action on the CAA 110(a)(2)(E)(ii)
regulatory text that includes discretionary authority to address, as
element of these infrastructure SIP
incorporation by reference. In appropriate, disproportionate human
requirements, which is the only
accordance with requirements of 1 CFR health or environmental effects, using
infrastructure SIP element addressed in practicable and legally permissible
51.5, EPA is finalizing the incorporation
WDNR’s submittal dated July 2, 2015. methods, under Executive Order 12898
by reference of the Wisconsin
II. What guidance is EPA using to Regulations described in the (59 FR 7629, February 16, 1994).
evaluate these SIP submissions? amendments to 40 CFR part 52 set forth In addition, the SIP is not approved
below. EPA has made, and will continue to apply on any Indian reservation land
EPA’s guidance for these submissions to make, these documents generally or in any other area where EPA or an
is highlighted in an October 2, 2007, available electronically through Indian tribe has demonstrated that a
guidance document entitled ‘‘Guidance www.regulations.gov and/or in hard tribe has jurisdiction. In those areas of
on SIP Elements Required Under copy at the appropriate EPA office (see Indian country, the rule does not have
Sections 110(a)(1) and (2) for the 1997 the ADDRESSES section of this preamble tribal implications and will not impose
8-hour Ozone and PM2.5 1 National for more information). substantial direct costs on tribal
Ambient Air Quality Standards’’ (2007 governments or preempt tribal law as
VI. Statutory and Executive Order specified by Executive Order 13175 (65
Guidance). Further guidance is provided
Reviews FR 67249, November 9, 2000).
in a September 13, 2013, document
entitled ‘‘Guidance on Infrastructure Under the CAA, the Administrator is The Congressional Review Act, 5
jstallworth on DSK7TPTVN1PROD with RULES
State Implementation Plan (SIP) required to approve a SIP submission U.S.C. 801 et seq., as added by the Small
Elements under CAA Sections 110(a)(1) that complies with the provisions of the Business Regulatory Enforcement
and (2)’’ (2013 Guidance). CAA and applicable Federal regulations. Fairness Act of 1996, generally provides
42 U.S.C. 7410(k); 40 CFR 52.02(a). that before a rule may take effect, the
1 PM Thus, in reviewing SIP submissions, agency promulgating the rule must
2.5 refers to particles with an aerodynamic
diameter of less than or equal to 2.5 micrometers, EPA’s role is to approve state choices, submit a rule report, which includes a
oftentimes referred to as ‘‘fine’’ particles. provided that they meet the criteria of copy of the rule, to each House of the
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Congress and to the Comptroller General is attached to section 15.05 to verify the October 26, 2015 is confirmed as
of the United States. EPA will submit a enactment date.) January 25, 2016.
report containing this action and other (B) Wisconsin Statutes, section
required information to the U.S. Senate, 19.45(2), as revised by 1989 Wisconsin FOR FURTHER INFORMATION CONTACT: Mr.
the U.S. House of Representatives, and Act 338, enacted on April 27, 1990. (A Davis Breyer, Marine Personnel
the Comptroller General of the United copy of 1989 Wisconsin Act 338 is Qualifications Division (CG–OES–1),
States prior to publication of the rule in attached to section 19.45(2) to verify the Coast Guard; email Davis.J.Breyer@
the Federal Register. A major rule enactment date.) uscg.mil, telephone (202) 372–1445.
cannot take effect until 60 days after it (C) Wisconsin Statutes, section 19.46 SUPPLEMENTARY INFORMATION: We
is published in the Federal Register. Conflict of interest prohibited; received two comments in response to
This action is not a ‘‘major rule’’ as exception, as revised by 2007 Wisconsin the direct final rule (DFR). The two
defined by 5 U.S.C. 804(2). Act 1, enacted on February 2, 2007. (A comments we received were either not
Under section 307(b)(1) of the CAA, copy of 2007 Wisconsin Act 1 is
adverse or separable from and not
petitions for judicial review of this attached to section 19.46 to verify the
within the scope of the rulemaking.
action must be filed in the United States enactment date.)
Court of Appeals for the appropriate ■ 3. Section 52.2591 is amended by One commenter supported the rule
circuit by March 21, 2016. Filing a adding paragraph (j) to read as follows: and thanked the Coast Guard for its
petition for reconsideration by the prompt action. Another commenter
Administrator of this final rule does not § 52.2591 Section 110(a)(2) infrastructure titled its comment as ‘‘adverse’’ and
requirements. requested that the Coast Guard
affect the finality of this action for the
purposes of judicial review nor does it * * * * * withdraw the DFR. The commenter
extend the time within which a petition (j) Approval—In a July 2, 2015, agreed that ‘‘the Coast Guard is obliged
for judicial review may be filed, and submission, Wisconsin certified that the to align Coast Guard regulations with
shall not postpone the effectiveness of state has satisfied the infrastructure SIP the statutes’’ and did not oppose the
such rule or action. This action may not requirements of section 110(a)(2)(E)(ii) changes to the regulation. The
be challenged later in proceedings to for the 1997 ozone, 1997 PM2.5, 2006 commenter argued, rather, that the Coast
enforce its requirements. (See section PM2.5, 2008 Pb, 2008 ozone, 2010 NO2,
Guard should delay the rulemaking
307(b)(2).) and 2010 SO2 NAAQS.
indefinitely and seek new legislation
[FR Doc. 2016–01015 Filed 1–20–16; 8:45 am] from Congress that limits every
List of Subjects in 40 CFR Part 52
BILLING CODE 6560–50–P merchant mariner to serving a uniform
Environmental protection, Air maximum of 12 hours in a 24 hour
pollution control, Incorporation by period, except in an emergency.
reference, Intergovernmental relations, DEPARTMENT OF HOMELAND
Lead, Nitrogen dioxide, Ozone, SECURITY The DFR conforms Coast Guard
Particulate matter, Reporting and regulations to existing law, under which
recordkeeping requirements, Sulfur Coast Guard affected mariners may earn one and a
oxides. half days sea service credit for each 12-
Dated: November 23, 2015. 46 CFR Part 15 hour period of work. The commenter
Susan Hedman, [Docket No. USCG–2015–0758]
did not oppose granting such mariners
such credit for time worked. Instead, the
Regional Administrator, Region 5. RIN 1625–AC25 commenter took issue with the absence
40 CFR part 52 is amended as follows: of statutory restrictions on the length of
Offshore Supply Vessels, Towing
time certain mariners may be required
PART 52—APPROVAL AND Vessel, and Barge Engine Rating
to work. The commenter advocated that
PROMULGATION OF Watches
the Coast Guard delay updating the
IMPLEMENTATION PLANS
AGENCY: Coast Guard, DHS. regulations and request that Congress
■ 1. The authority citation for part 52 ACTION: Direct final rule; confirmation of amend the statute further.
continues to read as follows: effective date. The DFR stated that ‘‘we may adopt,
Authority: 42 U.S.C. 7401 et seq. SUMMARY: On October 26, 2015, the as final, those parts of this rule on
Coast Guard published a direct final which no adverse comment was
■ 2. Section 52.2570 is amended by received.’’ 80 FR 65166. The
adding paragraph (c)(134) to read as rule, which notified the public of our
intent to amend merchant mariner commenter’s requests are separable from
follows:
manning regulations to align them with the rule and raises issues well outside
§ 52.2570 Identification of plan. statutory changes made by the Howard the scope of the rule. The rule will
* * * * * Coble Coast Guard and Maritime therefore go into effect as scheduled.
(c) * * * Transportation Act of 2014. The Act Dated: January 14, 2016.
(134) On July 2, 2015, the Wisconsin allows oilers serving on certain offshore J.G. Lantz,
Department of Natural Resources support vessels, towing vessels, and
Director, Commercial Regulations and
submitted a request to revise the State barges to be divided into at least two
Standards, U.S. Coast Guard.
Implementation Plan to satisfy the state watches. The change would increase the
[FR Doc. 2016–01101 Filed 1–20–16; 8:45 am]
jstallworth on DSK7TPTVN1PROD with RULES
board requirements under section 128 of sea service credit affected mariners are
the Clean Air Act. permitted to earn for each 12-hour BILLING CODE P
(i) Incorporation by reference. period of work from one day to one and
(A) Wisconsin Statutes, section 15.05 a half days. The rule will go into effect
Secretaries, as revised by 2013 as scheduled.
Wisconsin Act 20, enacted on June 30, DATES: The effective date of the direct
2013. (A copy of 2013 Wisconsin Act 20 final rule published at 80 FR 65165 on
VerDate Sep<11>2014 15:08 Jan 20, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4700 Sfmt 9990 E:\FR\FM\21JAR1.SGM 21JAR1](https://thefederalregister.org/doc/81_FR_3347/page/3.svg)
Document Created: 2018-02-02 12:33:43
Document Modified: 2018-02-02 12:33:43
| 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 final rule is effective on February 22, 2016. | |
| Contact | Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [email protected] | |
| FR Citation | 81 FR 3334 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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