81 FR 36176 - Finding of Attainment and Approval of Attainment Plan for Klamath Falls, Oregon Fine Particulate Matter Nonattainment Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 108 (June 6, 2016)
Federal Register Volume 81, Issue 108 (June 6, 2016)
| Page Range | 36176-36179 | |
| FR Document | 2016-13031 |
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)] [Rules and Regulations] [Pages 36176-36179] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13031] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2013-0005; FRL-9947-23-Region 10] Finding of Attainment and Approval of Attainment Plan for Klamath Falls, Oregon Fine Particulate Matter Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing the finding of attainment and approving the attainment plan submitted on December 12, 2012 by the Oregon Department of [[Page 36177]] Environmental Quality (ODEQ) for the 2006 24-hour fine particulate matter (PM2.5 ) National Ambient Air Quality Standards (NAAQS) for the Klamath Falls, Oregon nonattainment area. Based upon 2012-2014 quality-assured, quality-controlled, and certified ambient air monitoring data available in the EPA's Air Quality System (AQS), the area has monitored attainment of the 2006 24-hour PM2.5 NAAQS. The EPA determined that the attainment plan addressed the nonattainment planning requirements of the Clean Air Act (CAA) and provided for attainment of the PM2.5 NAAQS. The attainment plan's strategy for controlling direct and precursor PM2.5 emissions relied primarily on an episodic woodstove curtailment program and a program to change-out uncertified woodstoves. DATES: This final rule is effective July 6, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2013-0005. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) 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 hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the Air Planning Unit, Office of Air and Waste, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101. The EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: For information please contact Justin Spenillo at (206) 553-6125, [email protected] or by using the EPA, Region 10 address. SUPPLEMENTARY INFORMATION: Table of Contents I. Background Information II. Final Action III. Incorporation by Reference IV. Statutory and Executive Orders Review I. Background Information On April 13, 2016, the EPA proposed to approve the attainment plan submitted by the ODEQ on December 12, 2012 and to make a finding of attainment for the Klamath Falls PM2.5 area (81 FR 21814). An explanation of the CAA attainment planning requirements, a detailed analysis of the ODEQ's attainment plan submittal, and the EPA's reasons for proposing approval were provided in the notice of proposed rulemaking, and will not be restated here. The public comment period for this proposed rule ended on May 13, 2016. The EPA received no comments on the proposal. II. Final Action The EPA is finalizing the finding of attainment and approving the attainment plan submitted by the ODEQ on December 12, 2012 for the Klamath Falls PM2.5 area as meeting the requirements of the CAA. The finding of attainment does not constitute a redesignation to attainment. Redesignations require states to meet a number of criteria including EPA approval of a state plan to maintain the air quality standard for 10 years after redesignation. Additionally, the EPA is approving and incorporating by reference updated versions of supporting regulations, specifically sections of Oregon Administrative Rules, Division 240 and Division 262 that provide for the contingency measures required under the CAA. The EPA is finalizing a Clean Data Determination (CDD) that suspends the requirements for the area to submit an attainment demonstration, associated Reasonably Available Control Measures, Reasonable Further Progress, contingency measures, and any other SIP planning requirements related to the attainment of the 2006 PM2.5 NAAQS, so long as the area continues to meet the standard. Although a CDD suspends the requirement for submission of certain attainment planning elements, it does not relieve the EPA of its responsibility to take action on a state's SIP submission. The EPA is fully approving the Klamath Falls nonattainment plan as meeting the requirements of the CAA. The EPA is also approving Exceptional Events on September 25, 2009; August 25, 28, and 31, 2012; and July 30 and August 5, 2013 and removing them from the data set used for regulatory purposes. III. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the regulations described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through http://www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). 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, the 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 Clean Air Act; and does not provide the 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). [[Page 36178]] 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. In those areas of Indian country, the rule does not have tribal implications and it 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. The 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 August 5, 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) of the CAA). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: May 24, 2016. Dennis J. McLerran, Regional Administrator, Region 10. 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. Subpart MM--Oregon 0 2. Section 52.1970: 0 a. In paragraph (c), Table 2--EPA Approved Oregon Administrative Rules (OAR) is amended by: 0 i. Adding a undesignated heading titled ``Klamath Falls Nonattainment Area Contingency Measures'' after the entry for ``240-0560'' and adding the entries ``240-0570'', ``240-0580'', ``240-0610'', ``240-0620'', and ``240-0630''; and 0 ii. Adding an entry ``262-1000'' after the entry for ``262-0900''; and 0 b. In paragraph (e), table titled ``State of Oregon Air Quality Control Program'' adding under ``Section 4'', a new entry ``4.62'' after the entry ``4.61''. The additions read as follows: Sec. 52.1970 Identification of plan. * * * * * (c) * * * Table 2--EPA-Approved Oregon Administrative Rules (OAR) ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanations ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Klamath Falls Nonattainment Area Contingency Measures ---------------------------------------------------------------------------------------------------------------- 240-0570.................. Applicability........ 12/11/2012 6/6/2016 [Insert Federal Register citation]. 240-0580.................. Existing Industrial 12/11/2012 6/6/2016 [Insert Sources Control Federal Register Efficiency. citation]. 240-0610.................. Continuous Monitoring 12/11/2012 6/6/2016 [Insert for Industrial Federal Register Sources. citation]. 240-0620.................. Contingency Measures: 12/11/2012 6/6/2016 [Insert New Industrial Federal Register Sources. citation]. 240-0630.................. Contingency Enhanced 12/11/2012 6/6/2016 [Insert Curtailment of Use Federal Register of Solid Fuel citation]. Burning Devices and Fireplaces. * * * * * * * 262-1000.................. Wood Burning 12/11/2012 6/6/2016 [Insert Contingency Measures Federal Register for PM2.5 citation]. Nonattainment Areas. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [[Page 36179]] (e) * * * State of Oregon Air Quality Control Program ---------------------------------------------------------------------------------------------------------------- State SIP citation Title/subject effective date EPA approval date Explanations ---------------------------------------------------------------------------------------------------------------- * * * * * * * 4.62, 12/12/ 4.62, 6/6/2016 4.62, Klamath Falls 2012 [Insert Federal PM2.5 Attainment Plan Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-13031 Filed 6-3-16; 8:45 am] BILLING CODE 6560-50-P
![36176 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
power and responsibilities among the G. Protest Activities (3) Spectators. All persons and vessels
various levels of government. We have The Coast Guard respects the First not registered with the event sponsor as
analyzed this rule under that Order and Amendment rights of protesters. participants or official patrol vessels.
have determined that it is consistent Protesters are asked to contact the (d) Regulations. (1) The general
with the fundamental federalism person listed in the FOR FURTHER regulations contained in § 165.23, as
principles and preemption requirements INFORMATION CONTACT section to well as the following regulations, apply.
described in Executive Order 13132. coordinate protest activities so that your (2) No vessels, except for fireworks
message can be received without barge and accompanying vessels, will be
Also, this rule does not have tribal
jeopardizing the safety or security of allowed to transit the safety zone
implications under Executive Order
people, places, or vessels. without the permission of the COTP.
13175, Consultation and Coordination (3) All persons and vessels shall
with Indian Tribal Governments, List of Subjects in 33 CFR Part 165 comply with the instructions of the
because it does not have a substantial COTP or a designated representative.
Harbors, Marine safety, Navigation
direct effect on one or more Indian Upon being hailed by a U.S. Coast
(water), Reporting and recordkeeping
tribes, on the relationship between the requirements, Security measures, Guard vessel by siren, radio, flashing
Federal Government and Indian tribes, Waterways. light, or other means, the operator of a
or on the distribution of power and vessel shall proceed as directed. Failure
For the reasons discussed in the
responsibilities between the Federal to comply with a lawful direction may
preamble, the Coast Guard amends 33
Government and Indian tribes. If you result in expulsion from the area,
CFR part 165 as follows:
believe this rule has implications for citation for failure to comply, or both.
federalism or Indian tribes, please PART 165—REGULATED NAVIGATION (4) Vessel operators desiring to enter
contact the person listed in the FOR AREAS AND LIMITED ACCESS AREA or operate within the regulated area
FURTHER INFORMATION CONTACT section shall contact the COTP or a designated
above. ■ 1. The authority citation for part 165 representative via VHF channel 16 or
continues to read as follows: 718–354–4353 (Sector New York
E. Unfunded Mandates Reform Act
command center) to obtain permission
The Unfunded Mandates Reform Act Authority: 33 U.S.C 1231; 50 U.S.C. 191; to do so.
of 1995 (2 U.S.C. 1531–1538) requires 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; (5) Spectators or other vessels shall
Department of Homeland Security Delegation not anchor, block, loiter, or impede the
Federal agencies to assess the effects of No. 0170.1.
their discretionary regulatory actions. In transit of event participants or official
particular, the Act addresses actions ■ 2. Add § 165.T01–0522 to read as patrol vessels in the regulated areas
that may result in the expenditure by a follows: during the effective dates and times,
State, local, or tribal government, in the unless authorized by COTP or a
§ 165.T01–0522 Safety Zone; Raritan Bay,
aggregate, or by the private sector of Perth Amboy, NJ.
designated representative.
$100,000,000 (adjusted for inflation) or (6) The COTP or a designated
(a) Regulated area. The following area
more in any one year. Though this rule representative may delay or terminate
is a temporary safety zone: All navigable
will not result in such an expenditure, any marine event in this subpart at any
waters of Raritan Bay within a 300-yard
we do discuss the effects of this rule time it is deemed necessary to ensure
radius of the fireworks barge located in
elsewhere in this preamble. the safety of life or property.
approximate position 40°29′28″ N,
074°15′45″ W, in the vicinity of Perth Dated: May 15, 2016.
F. Environment M.H. Day,
Amboy, NJ, approximately 1,110 yards
We have analyzed this rule under southeast of Ferry Point, Perth Amboy, Captain, U.S. Coast Guard, Captain of the
Department of Homeland Security NJ. Port New York.
Management Directive 023–01 and (b) Effective and enforcement period. [FR Doc. 2016–13338 Filed 6–3–16; 8:45 am]
Commandant Instruction M16475.lD, This rule will be effective and enforced BILLING CODE 9110–04–P
which guide the Coast Guard in from 8:45 p.m. until 10:30 p.m. on July
complying with the National 1, 2016.
(c) Definitions. The following ENVIRONMENTAL PROTECTION
Environmental Policy Act of 1969 (42
definitions apply to this section: AGENCY
U.S.C. 4321–4370f), and have (1) Designated representative. A
determined that this action is one of a ‘‘designated representative’’ is any Coast
category of actions that do not 40 CFR Part 52
Guard commissioned, warrant or petty
individually or cumulatively have a officer of the U.S. Coast Guard who has [EPA–R10–OAR–2013–0005; FRL–9947–23–
significant effect on the human been designated by the Captain of the Region 10]
environment. This rule involves the Port New York (COTP), to act on his or
establishment of a temporary safety Finding of Attainment and Approval of
her behalf. A designated representative Attainment Plan for Klamath Falls,
zone. It is categorically excluded from may be on an official patrol vessel or
further review under paragraph 34(g) of Oregon Fine Particulate Matter
may be on shore and will communicate Nonattainment Area
Figure 2–1 of the Commandant with vessels via VHF–FM radio or
Instruction. An environmental analysis loudhailer. In addition, members of the AGENCY: Environmental Protection
checklist supporting this determination Coast Guard Auxiliary may be present to Agency (EPA).
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and a Categorical Exclusion inform vessel operators of this ACTION: Final rule.
Determination will be available in the regulation.
docket where indicated under (2) Official patrol vessels. Official SUMMARY: The Environmental Protection
ADDRESSES. We seek any comments or patrol vessels may consist of any Coast Agency (EPA) is finalizing the finding of
information that may lead to the Guard, Coast Guard Auxiliary, state, or attainment and approving the
discovery of a significant environmental local law enforcement vessels assigned attainment plan submitted on December
impact from this rule. or approved by the COTP. 12, 2012 by the Oregon Department of
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The SIP is not approved to apply on any Under section 307(b)(1) of the CAA, PART 52—APPROVAL AND
Indian reservation land or in any other petitions for judicial review of this PROMULGATION OF
area where the EPA or an Indian tribe action must be filed in the United States IMPLEMENTATION PLANS
has demonstrated that a tribe has Court of Appeals for the appropriate
jurisdiction. In those areas of Indian circuit by August 5, 2016. Filing a ■ 1. The authority citation for part 52
country, the rule does not have tribal petition for reconsideration by the continues to read as follows:
implications and it will not impose Administrator of this final rule does not Authority: 42 U.S.C. 7401 et seq.
substantial direct costs on tribal affect the finality of this action for the
governments or preempt tribal law as purposes of judicial review nor does it Subpart MM—Oregon
specified by Executive Order 13175 (65
extend the time within which a petition
FR 67249, November 9, 2000). ■ 2. Section 52.1970:
The Congressional Review Act, 5 for judicial review may be filed, and ■ a. In paragraph (c), Table 2—EPA
U.S.C. 801 et seq., as added by the Small shall not postpone the effectiveness of Approved Oregon Administrative Rules
Business Regulatory Enforcement such rule or action. This action may not (OAR) is amended by:
Fairness Act of 1996, generally provides be challenged later in proceedings to ■ i. Adding a undesignated heading
that before a rule may take effect, the enforce its requirements. (See section titled ‘‘Klamath Falls Nonattainment
agency promulgating the rule must 307(b)(2) of the CAA). Area Contingency Measures’’ after the
submit a rule report, which includes a List of Subjects in 40 CFR Part 52 entry for ‘‘240–0560’’ and adding the
copy of the rule, to each House of the entries ‘‘240–0570’’, ‘‘240–0580’’, ‘‘240–
Congress and to the Comptroller General Environmental protection, Air 0610’’, ‘‘240–0620’’, and ‘‘240–0630’’;
of the United States. The EPA will pollution control, Incorporation by and
submit a report containing this action reference, Nitrogen dioxide, Ozone, ■ ii. Adding an entry ‘‘262–1000’’ after
and other required information to the Particulate matter, Reporting and the entry for ‘‘262–0900’’; and
U.S. Senate, the U.S. House of recordkeeping requirements, Sulfur ■ b. In paragraph (e), table titled ‘‘State
Representatives, and the Comptroller oxides, Volatile organic compounds. of Oregon Air Quality Control Program’’
General of the United States prior to adding under ‘‘Section 4’’, a new entry
publication of the rule in the Federal Dated: May 24, 2016. ‘‘4.62’’ after the entry ‘‘4.61’’.
Register. A major rule cannot take effect Dennis J. McLerran, The additions read as follows:
until 60 days after it is published in the Regional Administrator, Region 10.
Federal Register. This action is not a § 52.1970 Identification of plan.
‘‘major rule’’ as defined by 5 U.S.C. 40 CFR part 52 is amended as follows: * * * * *
804(2). (c) * * *
TABLE 2—EPA-APPROVED OREGON ADMINISTRATIVE RULES (OAR)
State
State citation Title/subject effective EPA approval date Explanations
date
* * * * * * *
Klamath Falls Nonattainment Area Contingency Measures
240–0570 ......... Applicability .................................................... 12/11/2012 6/6/2016 [Insert Federal Register citation].
240–0580 ......... Existing Industrial Sources Control Efficiency 12/11/2012 6/6/2016 [Insert Federal Register citation].
240–0610 ......... Continuous Monitoring for Industrial Sources 12/11/2012 6/6/2016 [Insert Federal Register citation].
240–0620 ......... Contingency Measures: New Industrial 12/11/2012 6/6/2016 [Insert Federal Register citation].
Sources.
240–0630 ......... Contingency Enhanced Curtailment of Use of 12/11/2012 6/6/2016 [Insert Federal Register citation].
Solid Fuel Burning Devices and Fireplaces.
* * * * * * *
262–1000 ......... Wood Burning Contingency Measures for 12/11/2012 6/6/2016 [Insert Federal Register citation].
PM2.5 Nonattainment Areas.
* * * * * * *
* * * * *
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(e) * * *
STATE OF OREGON AIR QUALITY CONTROL PROGRAM
State
SIP citation Title/subject effective EPA approval date Explanations
date
* * * * * * *
4.62, 12/12/ 4.62, 6/6/2016 [Insert Federal Register cita- 4.62, Klamath
2012 tion]. Falls PM2.5
Attainment
Plan
* * * * * * *
[FR Doc. 2016–13031 Filed 6–3–16; 8:45 am] Environmental Quality (ADEQ) on final rulemaking for which the
BILLING CODE 6560–50–P December 27, 2012, and supplemented regulatory text was inadvertently
on December 3, 2015, to address the omitted. Section 553(d)(3) of the APA
interstate transport requirements of allows an effective date less than 30
ENVIRONMENTAL PROTECTION Clean Air Act (CAA or Act) section days after publication ‘‘as otherwise
AGENCY 110(a)(2)(D)(i) with respect to the 2008 provided by the agency for good cause
ozone National Ambient Air Quality found and published with the rule.’’ 5
40 CFR Part 52 Standard (NAAQS). More specifically, U.S.C. 553(d)(3). The purpose of the 30-
[EPA–R09–OAR–2015–0793; FRL–9947–27– in the March 22, 2016 proposed rule, day waiting period prescribed in APA
Region 9] the EPA proposed to approve Arizona’s section 553(d)(3) is to give affected
SIP as meeting the interstate transport parties a reasonable time to adjust their
Partial Approval and Partial requirements of CAA section behavior and prepare before the final
Disapproval of Air Quality State 110(a)(2)(D)(i)(I) prongs 1 and 2 and to rule takes effect. This rule, however,
Implementation Plans; Arizona; disapprove Arizona’s SIP with respect does not create any new regulatory
Infrastructure Requirements To to the interstate transport requirements requirements such that affected parties
Address Interstate Transport for the of CAA section 110(a)(2)(D)(i)(II) prong would need time to prepare before the
2008 Ozone NAAQS; Correction 4. Id., at 15204. No comments were rule takes effect. Rather, this rule merely
submitted on the EPA’s March 22, 2016 adds regulatory text codifying the
AGENCY: Environmental Protection proposed action. On May 19, 2016 (81 partial approval and partial disapproval
Agency (EPA). FR 31513), the EPA published a final action that the EPA published on May
ACTION: Final rule; correcting rulemaking action announcing its 19, 2016, which is 30 days from the date
amendment. approval in part and disapproval in part on which this rule will become
SUMMARY: This document corrects an of the relevant SIP revisions as proposed effective. The May 19, 2016 final rule
omission in the final rule document on March 22, 2016. However, in its May thus provided sufficient notice and time
published on May 19, 2016, announcing 19, 2016 final rule, the EPA for affected parties to take appropriate
the Environmental Protection Agency’s inadvertently omitted the regulatory text action to the extent any action is
(EPA’s) approval in part and that codifies the final action taken necessary to comply with the rule. For
disapproval in part of State therein. This document corrects that these reasons, the EPA finds good cause
Implementation Plan (SIP) revisions oversight. under APA section 553(d)(3) for the
The EPA has determined that this regulatory text codified herein and
submitted by the Arizona Department of
action falls under the ‘‘good cause’’ associated with the May 19, 2016 final
Environmental Quality to address the
exemption in section 553(b)(B) of the rule to become effective on same date as
interstate transport requirements of
Administrative Procedure Act (APA) the May 19, 2016 final rule becomes
Clean Air Act section 110(a)(2)(D)(i)
which, upon finding ‘‘good cause,’’ effective (i.e., June 20, 2019).
with respect to the 2008 ozone national
authorizes agencies to dispense with
ambient air quality standard. The Statutory and Executive Order Reviews
public participation where public notice
correction of this omission does not Under Executive Order 12866 (58 FR
and comment procedures are
change the EPA’s final action to approve 51735, October 4, 1993), this action is
impracticable, unnecessary or contrary
in part and disapprove in part these SIP not a ‘‘significant regulatory action’’ and
to the public interest. Public notice and
revisions. therefore is not subject to review by the
comment for this action are unnecessary
DATES: This correcting amendment is because the action codified herein was Office of Management and Budget. For
effective on June 20, 2016. already subject to a 30-day comment this reason, this action is also not
FOR FURTHER INFORMATION CONTACT: Tom period beginning with publication of the subject to Executive Order 13211,
Kelly, Air Planning Office (AIR–2), U.S. related proposed rule on March 22, ‘‘Actions Concerning Regulations That
Environmental Protection Agency, 2016, and as noted above, no comments Significantly Affect Energy Supply,
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Region IX, (415) 972–3856, were submitted. Thus, no purpose Distribution, or Use’’ (66 FR 28355, May
kelly.thomasp@epa.gov. would be served by additional public 22, 2001). This action merely adds
SUPPLEMENTARY INFORMATION: On March notice and comment. regulatory text inadvertently omitted
22, 2016 (81 FR 15200), the EPA The EPA also finds that there is good from a previous final rule and imposes
proposed to approve in part and to cause under APA section 553(d)(3) for no additional requirements beyond
disapprove in part SIP revisions the regulatory text added herein to those imposed by state law.
submitted by the Arizona Department of become effective on the same date as the Accordingly, the Administrator certifies
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Document Created: 2016-06-04 00:16:46
Document Modified: 2016-06-04 00:16:46
| 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 July 6, 2016. | |
| Contact | For information please contact Justin Spenillo at (206) 553-6125, [email protected] or by using the | |
| FR Citation | 81 FR 36176 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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