81_FR_36913 81 FR 36803 - Completeness Findings for 110(a)(2)(C) State Implementation Plan Pertaining to the Fine Particulate Matter (PM2.5

81 FR 36803 - Completeness Findings for 110(a)(2)(C) State Implementation Plan Pertaining to the Fine Particulate Matter (PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 110 (June 8, 2016)

Page Range36803-36805
FR Document2016-13491

The Environmental Protection Agency (EPA) is making a finding that the State of California has made a complete New Source Review (NSR) State Implementation Plan (SIP) submission for the El Dorado County Air Quality Management District (EDCAQMD) to address the permitting of emissions of particulate matter 2.5 micrometers ([mu]m) in diameter and smaller (PM<INF>2.5</INF>) from major sources in areas designated nonattainment for the 2006 PM<INF>2.5</INF> National Ambient Air Quality Standards (NAAQS), as required by the Clean Air Act (CAA). In addition, the EPA is making a finding that the State of California has not made the necessary NSR SIP submission for the Yolo-Solano Air Quality Management District (YSAQMD) to address the permitting of PM<INF>2.5</INF> emissions from major sources in areas designated nonattainment for the 2006 PM<INF>2.5</INF> NAAQS, as required by the EPA no later than December 31, 2014. The EPA is making these findings in accordance with section 110 and part D of Title I of the CAA.

Federal Register, Volume 81 Issue 110 (Wednesday, June 8, 2016)
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Rules and Regulations]
[Pages 36803-36805]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13491]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0300; FRL-9947-35-Region 9]


Completeness Findings for 110(a)(2)(C) State Implementation Plan 
Pertaining to the Fine Particulate Matter (PM2.5) NAAQS; California; El 
Dorado County Air Quality Management District and Yolo-Solano Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is making a finding 
that the State of California has made a complete New Source Review 
(NSR) State Implementation Plan (SIP) submission for the El Dorado 
County Air Quality Management District (EDCAQMD) to address the 
permitting of emissions of particulate matter 2.5 micrometers ([mu]m) 
in diameter and smaller (PM2.5) from major sources in areas 
designated nonattainment for the 2006 PM2.5 National Ambient 
Air Quality Standards (NAAQS), as required by the Clean Air Act (CAA). 
In addition, the EPA is making a finding that the State of California 
has not made the necessary NSR SIP submission for the Yolo-Solano Air 
Quality Management District (YSAQMD) to address the permitting of 
PM2.5 emissions from major sources in areas designated 
nonattainment for the 2006 PM2.5 NAAQS, as required by the 
EPA no later than December 31, 2014. The EPA is making these findings 
in accordance with section 110 and part D of Title I of the CAA.

DATES: The effective date of this rule is July 8, 2016.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, Air Division (Air-3), 
Environmental Protection Agency, Region 9, 75 Hawthorne St., San 
Francisco, CA 94105; telephone (415) 972-3534; email 
[email protected].

SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedures 
Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause 
finds that notice and public procedure are impracticable, unnecessary, 
or contrary to the public interest, the agency may issue a rule without 
providing notice and an opportunity for public comment. The EPA has 
determined that there is good cause for making this rule final without 
prior proposal and opportunity for comment because no significant EPA 
judgment is involved in making a finding of failure to submit SIPs, or 
elements of SIPs, required by the CAA, where states have made no 
submissions to meet the requirement by the statutory date. No 
additional fact gathering is necessary. Thus, notice and public 
procedure are unnecessary. The EPA finds this constitutes good cause 
under 5 U.S.C. 553(b)(B).
    Throughout this document wherever ``we,'' ``us,'' or ``our'' is 
used, we mean the EPA.

Table of Contents

I. Background and Overview
    A. Relevant PM2.5 NAAQS
    B. Revisions to the NSR Program To Implement the 2006 
PM2.5 NAAQS
II. This Action
    A. Completeness Determination
    B. Finding of Failure To Submit
III. Statutory and Executive Order Reviews

I. Background and Overview

A. Relevant PM2.5 NAAQS

    On October 17, 2006, the EPA promulgated revisions to the NAAQS for 
PM2.5 with an effective date of December 18, 2006 (71 FR 
61144). With these revisions, the EPA lowered the 24-hour NAAQS for 
PM2.5 from 65 [mu]g/m\3\ to 35 [mu]g/m\3\, and retained the 
existing annual PM2.5 NAAQS of 15 [mu]g/m\3\. The EPA 
promulgated designations for the 2006 PM2.5 NAAQS that 
became effective on December 14, 2009, which designated certain areas 
within the jurisdiction of EDCAQMD and YSAQMD as nonattainment for the 
2006 PM2.5 NAAQS (74 FR 58688, Nov. 13, 2009).

B. Revisions to the NSR Program To Implement the 2006 PM2.5 NAAQS

    To implement the PM2.5 NAAQS for NSR purposes, the EPA 
issued a final rule that established the NSR permitting requirements 
for PM2.5, entitled Implementation of the New Source Review 
(NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5), 
on May 16, 2008 (73 FR 28321). Among other things, the final rule

[[Page 36804]]

amended the NSR regulations to establish the minimum elements for state 
and local agencies implementing a nonattainment NSR program for major 
sources for the PM2.5 NAAQS. The final rule required states 
to submit SIP revisions to address these requirements to the EPA by 
July 15, 2011.
    In 2013, certain provisions of EPA's May 16, 2008 final rule were 
affected by a judicial decision, Natural Resources Defense Council 
(NRDC) v. EPA, 706 F.3d 428 (D.C. Cir. 2013), in which the U.S. Court 
of Appeals for the D.C. Circuit determined that the EPA must regulate 
PM2.5 in nonattainment areas under the particulate-matter-
specific provisions of subpart 4 of part D of Title I of the CAA. As a 
partial response to this judicial decision, the EPA finalized a 
rulemaking on June 2, 2014 which, among other things, set a new date of 
December 31, 2014 for states to submit SIP revisions to address 
applicable nonattainment SIP requirements for PM2.5, 
pursuant to subpart 4 of part D of Title I of the CAA. 79 FR 31566. 
Accordingly, states are required to have submitted all elements of a 
nonattainment NSR SIP for the 2006 PM2.5 NAAQS to the EPA by 
no later than December 31, 2014.

II. This Action

A. Completeness Determination

    The EPA is making a finding that the State of California submitted 
an NSR SIP revision for EDCAQMD to address NSR requirements for major 
sources in nonattainment areas for purposes of the 2006 
PM2.5 NAAQS on March 21, 2016, which the EPA determined met 
the completeness criteria in 40 CFR part 51, appendix V, on March 30, 
2016. This completeness finding establishes a 12-month deadline for EPA 
to take action upon such SIP submission in accordance with section 
110(k).

B. Finding of Failure To Submit

    The EPA is making a finding that, as of the date of signature for 
this document, the State of California has failed to submit the 
required NSR program SIP revision for YSAQMD to address NSR 
requirements for major sources in nonattainment areas for purposes of 
the 2006 PM2.5 NAAQS as required by December 31, 2014. This 
action will be effective on July 8, 2016.
    If the EPA finds that a state has failed to make a required SIP 
submission or that a submitted SIP submission is incomplete for 
elements of a part D, Title I plan for nonattainment areas as required 
under section 110(a)(2)(I), then CAA section 179(a) establishes 
specific consequences, including the imposition of mandatory sanctions 
for the affected area. Additionally, such a finding triggers an 
obligation under CAA section 110(c) for the EPA to promulgate a Federal 
Implementation Plan (FIP) no later than 2 years from the effective date 
of such finding of failure to submit, if the affected state has not 
submitted, and the EPA has not approved, the required SIP submission 
before that date.
    In this case, if the EPA has not affirmatively determined that the 
State of California has made the required complete NSR program SIP 
submission for YSAQMD to address NSR requirements for major sources in 
nonattainment areas for purposes of the 2006 PM2.5 NAAQS 
within 18 months of the effective date of this rulemaking, then, 
pursuant to CAA section 179(a) and (b) and 40 CFR 52.31, the offset 
sanction identified in CAA section 179(b)(2) will apply in the affected 
nonattainment areas. In addition, if the EPA has not affirmatively 
determined that the State has made such a complete submission within 6 
months after the offset sanction is imposed, then the highway funding 
sanction will apply in the affected nonattainment areas, in accordance 
with CAA section 179(b)(1) and 40 CFR 52.31. The sanctions will not 
take effect, if, within 18 months after the effective date of this 
finding of failure to submit, the EPA finds that the State has made a 
complete SIP submission addressing the deficiency for which the finding 
was made. Additionally, if the State makes the required SIP submission 
and the EPA takes final action to approve the submission within 2 years 
of the effective date of this finding, the EPA is not required to 
promulgate a FIP for the affected nonattainment areas per CAA section 
110(c).

III. Statutory and Executive Order Reviews

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 provisions of the PRA. This final rule does not establish any new 
information collection requirement apart from what is already required 
by law. This rule relates to the requirement in the CAA for states to 
submit nonattainment NSR SIPs for major sources to satisfy certain NSR 
requirements under the CAA for the PM2.5 NAAQS.

C. Regulatory Flexibility Act (RFA)

    I certify that this rule 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. This action 
relates to the requirement in the CAA for states to submit 
nonattainment NSR SIPs for major sources to satisfy certain NSR 
requirements of the CAA for the PM2.5 NAAQS.

D. Unfunded Mandates Reform Act of 1995 (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. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

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: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This rule addresses the requirement in the CAA 
for states to submit nonattainment NSR SIPs for major sources to 
satisfy certain NSR requirements under the CAA for the PM2.5 
NAAQS. No tribe is subject to this requirement. Thus, Executive Order 
13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern 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 provides EPA's finding that the State of California has 
failed to make a submission for YSAQMD that is required under the CAA 
to implement the PM2.5 NAAQS, and does not directly or 
disproportionately affect children.

[[Page 36805]]

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

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income, 
or indigenous populations. In finding that the State of California has 
failed to submit a SIP to address certain basic permitting requirements 
for the PM2.5 NAAQS, for YSAQMD, this action does not 
directly affect the level of protection provided for human health or 
the environment.

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. Judicial Review

    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 8, 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 
must be filed, and shall not postpone the effectiveness of such rule or 
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: May 26, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-13491 Filed 6-7-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                             Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations                                            36803

                                           evidence obtained on the person’s                         (5) From subsection (f) of 5 U.S.C.                  972–3534; email yannayon.laura@
                                           activities; about the identity of                       552a because these systems are exempt                  epa.gov.
                                           confidential sources, witnesses, and law                from the access and amendment                          SUPPLEMENTARY INFORMATION: Section
                                           enforcement personnel; and about                        provisions of subsection (d) of 5 U.S.C.               553 of the Administrative Procedures
                                           information that may enable the person                  552a, pursuant to subsection (k)(2) of                 Act, 5 U.S.C. 553(b)(B), provides that,
                                           to avoid being detected or apprehended.                 the Privacy Act.                                       when an agency for good cause finds
                                           These factors present a serious                           Dated: May 29, 2016.                                 that notice and public procedure are
                                           impediment to effective law                             David S. Ferriero,                                     impracticable, unnecessary, or contrary
                                           enforcement when they prevent                                                                                  to the public interest, the agency may
                                                                                                   Archivist of the United States.
                                           investigators from successfully                                                                                issue a rule without providing notice
                                                                                                   [FR Doc. 2016–13599 Filed 6–7–16; 8:45 am]
                                           completing the investigation, endanger                                                                         and an opportunity for public comment.
                                           the physical safety of confidential                     BILLING CODE 7515–01–P
                                                                                                                                                          The EPA has determined that there is
                                           sources, witnesses, and law enforcement                                                                        good cause for making this rule final
                                           personnel, or lead to improperly                                                                               without prior proposal and opportunity
                                           influencing witnesses, destroying                       ENVIRONMENTAL PROTECTION                               for comment because no significant EPA
                                           evidence, or fabricating testimony. In                  AGENCY                                                 judgment is involved in making a
                                           addition, granting access to such records                                                                      finding of failure to submit SIPs, or
                                           could disclose security-sensitive or                    40 CFR Part 52                                         elements of SIPs, required by the CAA,
                                           confidential business information or                                                                           where states have made no submissions
                                                                                                   [EPA–R09–OAR–2016–0300; FRL–9947–35–
                                           information that would constitute an                                                                           to meet the requirement by the statutory
                                                                                                   Region 9]
                                           unwarranted invasion of the personal                                                                           date. No additional fact gathering is
                                           privacy of third parties. Amending these                Completeness Findings for 110(a)(2)(C)                 necessary. Thus, notice and public
                                           records could allow the subject to avoid                State Implementation Plan Pertaining                   procedure are unnecessary. The EPA
                                           being detected or apprehended and                       to the Fine Particulate Matter (PM2.5)                 finds this constitutes good cause under
                                           interfere with ongoing investigations                   NAAQS; California; El Dorado County                    5 U.S.C. 553(b)(B).
                                           and law enforcement activities.                         Air Quality Management District and                       Throughout this document wherever
                                             (3) From subsection (e)(1) of 5 U.S.C.                Yolo-Solano Air Quality Management                     ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                           552a because applying this provision                    District                                               the EPA.
                                           could impair investigations and
                                                                                                   AGENCY:  Environmental Protection                      Table of Contents
                                           interfere with the law enforcement
                                           responsibilities of the OIG, the Insider                Agency (EPA).                                          I. Background and Overview
                                           Threat Office, or another agency for the                ACTION: Final rule.                                       A. Relevant PM2.5 NAAQS
                                           following reasons:                                                                                                B. Revisions to the NSR Program To
                                                                                                   SUMMARY:   The Environmental Protection                      Implement the 2006 PM2.5 NAAQS
                                             (i) It is not possible to detect                                                                             II. This Action
                                           relevance or need for specific                          Agency (EPA) is making a finding that
                                                                                                                                                             A. Completeness Determination
                                           information in the early stages of an                   the State of California has made a                        B. Finding of Failure To Submit
                                           investigation, case, or matter. After the               complete New Source Review (NSR)                       III. Statutory and Executive Order Reviews
                                           investigators evaluate the information,                 State Implementation Plan (SIP)
                                                                                                   submission for the El Dorado County                    I. Background and Overview
                                           they may establish its relevance and
                                           need.                                                   Air Quality Management District                        A. Relevant PM2.5 NAAQS
                                             (ii) During an investigation, the                     (EDCAQMD) to address the permitting
                                                                                                   of emissions of particulate matter 2.5                    On October 17, 2006, the EPA
                                           investigating office may obtain                                                                                promulgated revisions to the NAAQS
                                           information about other actual or                       micrometers (mm) in diameter and
                                                                                                   smaller (PM2.5) from major sources in                  for PM2.5 with an effective date of
                                           potential criminal, civil, or                                                                                  December 18, 2006 (71 FR 61144). With
                                           administrative violations, including                    areas designated nonattainment for the
                                                                                                   2006 PM2.5 National Ambient Air                        these revisions, the EPA lowered the 24-
                                           those outside the scope of its                                                                                 hour NAAQS for PM2.5 from 65 mg/m3
                                           jurisdiction. The office should retain                  Quality Standards (NAAQS), as required
                                                                                                   by the Clean Air Act (CAA). In addition,               to 35 mg/m3, and retained the existing
                                           this information, as it may help                                                                               annual PM2.5 NAAQS of 15 mg/m3. The
                                           establish patterns of inappropriate                     the EPA is making a finding that the
                                                                                                   State of California has not made the                   EPA promulgated designations for the
                                           activity, and can provide valuable leads                                                                       2006 PM2.5 NAAQS that became
                                           for Federal and other law enforcement                   necessary NSR SIP submission for the
                                                                                                   Yolo-Solano Air Quality Management                     effective on December 14, 2009, which
                                           agencies.                                                                                                      designated certain areas within the
                                             (iii) When interviewing individuals or                District (YSAQMD) to address the
                                                                                                   permitting of PM2.5 emissions from                     jurisdiction of EDCAQMD and
                                           obtaining other forms of evidence                                                                              YSAQMD as nonattainment for the 2006
                                           during an investigation, the investigator               major sources in areas designated
                                                                                                   nonattainment for the 2006 PM2.5                       PM2.5 NAAQS (74 FR 58688, Nov. 13,
                                           may receive information that relates to                                                                        2009).
                                           matters incidental to the primary                       NAAQS, as required by the EPA no later
                                           purpose of the investigation but which                  than December 31, 2014. The EPA is                     B. Revisions to the NSR Program To
                                           may also relate to matters under the                    making these findings in accordance                    Implement the 2006 PM2.5 NAAQS
                                           investigative jurisdiction of another                   with section 110 and part D of Title I of                To implement the PM2.5 NAAQS for
                                           office or agency. The investigator cannot               the CAA.                                               NSR purposes, the EPA issued a final
                                           readily segregate such information.                     DATES: The effective date of this rule is              rule that established the NSR permitting
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                                             (4) From subsection (e)(4)(G) and (H)                 July 8, 2016.                                          requirements for PM2.5, entitled
                                           of 5 U.S.C. 552a because these systems                  FOR FURTHER INFORMATION CONTACT:                       Implementation of the New Source
                                           are exempt from the access and                          Laura Yannayon, Air Division (Air–3),                  Review (NSR) Program for Particulate
                                           amendment provisions of subsection                      Environmental Protection Agency,                       Matter Less than 2.5 Micrometers
                                           (d), pursuant to subsection (k)(2) of the               Region 9, 75 Hawthorne St., San                        (PM2.5), on May 16, 2008 (73 FR 28321).
                                           Privacy Act.                                            Francisco, CA 94105; telephone (415)                   Among other things, the final rule


                                      VerDate Sep<11>2014   14:36 Jun 07, 2016   Jkt 238001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\08JNR1.SGM   08JNR1


                                           36804             Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations

                                           amended the NSR regulations to                          of mandatory sanctions for the affected                SIPs for major sources to satisfy certain
                                           establish the minimum elements for                      area. Additionally, such a finding                     NSR requirements under the CAA for
                                           state and local agencies implementing a                 triggers an obligation under CAA                       the PM2.5 NAAQS.
                                           nonattainment NSR program for major                     section 110(c) for the EPA to promulgate
                                                                                                                                                          C. Regulatory Flexibility Act (RFA)
                                           sources for the PM2.5 NAAQS. The final                  a Federal Implementation Plan (FIP) no
                                           rule required states to submit SIP                      later than 2 years from the effective date               I certify that this rule will not have a
                                           revisions to address these requirements                 of such finding of failure to submit, if               significant economic impact on a
                                           to the EPA by July 15, 2011.                            the affected state has not submitted, and              substantial number of small entities
                                              In 2013, certain provisions of EPA’s                 the EPA has not approved, the required                 under the RFA. This action will not
                                           May 16, 2008 final rule were affected by                SIP submission before that date.                       impose any requirements on small
                                           a judicial decision, Natural Resources                     In this case, if the EPA has not                    entities. This action relates to the
                                           Defense Council (NRDC) v. EPA, 706                      affirmatively determined that the State                requirement in the CAA for states to
                                           F.3d 428 (D.C. Cir. 2013), in which the                 of California has made the required                    submit nonattainment NSR SIPs for
                                           U.S. Court of Appeals for the D.C.                      complete NSR program SIP submission                    major sources to satisfy certain NSR
                                           Circuit determined that the EPA must                    for YSAQMD to address NSR                              requirements of the CAA for the PM2.5
                                           regulate PM2.5 in nonattainment areas                   requirements for major sources in                      NAAQS.
                                           under the particulate-matter-specific                   nonattainment areas for purposes of the                D. Unfunded Mandates Reform Act of
                                           provisions of subpart 4 of part D of Title              2006 PM2.5 NAAQS within 18 months of                   1995 (UMRA)
                                           I of the CAA. As a partial response to                  the effective date of this rulemaking,
                                           this judicial decision, the EPA finalized               then, pursuant to CAA section 179(a)                      This action does not contain any
                                           a rulemaking on June 2, 2014 which,                     and (b) and 40 CFR 52.31, the offset                   unfunded mandate as described in
                                           among other things, set a new date of                   sanction identified in CAA section                     UMRA, 2 U.S.C. 1531–1538, and does
                                           December 31, 2014 for states to submit                  179(b)(2) will apply in the affected                   not significantly or uniquely affect small
                                           SIP revisions to address applicable                     nonattainment areas. In addition, if the               governments. The action imposes no
                                           nonattainment SIP requirements for                      EPA has not affirmatively determined                   enforceable duty on any state, local or
                                           PM2.5, pursuant to subpart 4 of part D                  that the State has made such a complete                tribal governments or the private sector.
                                           of Title I of the CAA. 79 FR 31566.                     submission within 6 months after the                   E. Executive Order 13132: Federalism
                                           Accordingly, states are required to have                offset sanction is imposed, then the
                                           submitted all elements of a                             highway funding sanction will apply in                   This action does not have federalism
                                           nonattainment NSR SIP for the 2006                      the affected nonattainment areas, in                   implications. It will not have substantial
                                           PM2.5 NAAQS to the EPA by no later                      accordance with CAA section 179(b)(1)                  direct effects on the states, on the
                                                                                                   and 40 CFR 52.31. The sanctions will                   relationship between the national
                                           than December 31, 2014.
                                                                                                   not take effect, if, within 18 months                  government and the states, or on the
                                           II. This Action                                                                                                distribution of power and
                                                                                                   after the effective date of this finding of
                                                                                                   failure to submit, the EPA finds that the              responsibilities among the various
                                           A. Completeness Determination
                                                                                                   State has made a complete SIP                          levels of government.
                                             The EPA is making a finding that the
                                           State of California submitted an NSR                    submission addressing the deficiency                   F. Executive Order 13175: Consultation
                                           SIP revision for EDCAQMD to address                     for which the finding was made.                        and Coordination With Indian Tribal
                                           NSR requirements for major sources in                   Additionally, if the State makes the                   Governments
                                           nonattainment areas for purposes of the                 required SIP submission and the EPA                      This action does not have tribal
                                           2006 PM2.5 NAAQS on March 21, 2016,                     takes final action to approve the                      implications as specified in Executive
                                           which the EPA determined met the                        submission within 2 years of the                       Order 13175. This rule addresses the
                                           completeness criteria in 40 CFR part 51,                effective date of this finding, the EPA is             requirement in the CAA for states to
                                           appendix V, on March 30, 2016. This                     not required to promulgate a FIP for the               submit nonattainment NSR SIPs for
                                           completeness finding establishes a 12-                  affected nonattainment areas per CAA                   major sources to satisfy certain NSR
                                           month deadline for EPA to take action                   section 110(c).                                        requirements under the CAA for the
                                           upon such SIP submission in                             III. Statutory and Executive Order                     PM2.5 NAAQS. No tribe is subject to this
                                           accordance with section 110(k).                         Reviews                                                requirement. Thus, Executive Order
                                                                                                                                                          13175 does not apply to this action.
                                           B. Finding of Failure To Submit                         A. Executive Order 12866: Regulatory
                                              The EPA is making a finding that, as                 Planning and Review and Executive                      G. Executive Order 13045: Protection of
                                           of the date of signature for this                       Order 13563: Improving Regulation and                  Children From Environmental Health
                                           document, the State of California has                   Regulatory Review                                      and Safety Risks
                                           failed to submit the required NSR                         This action is not a ‘‘significant                      The EPA interprets Executive Order
                                           program SIP revision for YSAQMD to                      regulatory action’’ and was, therefore,                13045 as applying only to those
                                           address NSR requirements for major                      not submitted to the Office of                         regulatory actions that concern health or
                                           sources in nonattainment areas for                      Management and Budget (OMB) for                        safety risks that the EPA has reason to
                                           purposes of the 2006 PM2.5 NAAQS as                     review.                                                believe may disproportionately affect
                                           required by December 31, 2014. This                                                                            children, per the definition of ‘‘covered
                                           action will be effective on July 8, 2016.               B. Paperwork Reduction Act (PRA)                       regulatory action’’ in section 2–202 of
                                              If the EPA finds that a state has failed                This action does not impose an                      the Executive Order. This action is not
                                           to make a required SIP submission or                    information collection burden under the                subject to Executive Order 13045
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                                           that a submitted SIP submission is                      provisions of the PRA. This final rule                 because it provides EPA’s finding that
                                           incomplete for elements of a part D,                    does not establish any new information                 the State of California has failed to make
                                           Title I plan for nonattainment areas as                 collection requirement apart from what                 a submission for YSAQMD that is
                                           required under section 110(a)(2)(I), then               is already required by law. This rule                  required under the CAA to implement
                                           CAA section 179(a) establishes specific                 relates to the requirement in the CAA                  the PM2.5 NAAQS, and does not directly
                                           consequences, including the imposition                  for states to submit nonattainment NSR                 or disproportionately affect children.


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                                                             Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations                                            36805

                                           H. Executive Order 13211: Actions That                  FEDERAL COMMUNICATIONS                                 Governmental Affairs Bureau at (202)
                                           Significantly Affect Energy Supply,                     COMMISSION                                             418–0530 (voice), (202) 418–0432
                                           Distribution or Use                                                                                            (TTY).
                                                                                                   47 CFR Part 1
                                             This action is not subject to Executive                                                                      Synopsis
                                           Order 13211, because it is not a                        [GN Docket No. 12–268, WT Docket Nos.
                                                                                                   14–70, 05–211, RM–11395; FCC 15–80]                       As required by the Paperwork
                                           significant regulatory action under                                                                            Reduction Act of 1995 (44 U.S.C. 3507),
                                           Executive Order 12866.                                                                                         the FCC is notifying the public that it
                                                                                                   Updating Competitive Bidding Rules
                                           I. National Technology Transfer and                                                                            received OMB approval on May 23,
                                           Advancement Act                                         AGENCY:   Federal Communications                       2016, for the information collection
                                                                                                   Commission.                                            requirements contained in the
                                             This rulemaking does not involve                      ACTION: Final rule; announcement of                    information collection 3060–1092.
                                           technical standards.                                    effective date.                                        Under 5 CFR 1320, an agency may not
                                           J. Executive Order 12898: Federal                                                                              conduct or sponsor a collection of
                                           Actions To Address Environmental                        SUMMARY:  In this document, the                        information unless it displays a current,
                                           Justice in Minority Populations and                     Commission announces that the Office                   valid OMB Control Number. No person
                                           Low-Income Populations                                  of Management and Budget (OMB)                         shall be subject to any penalty for failing
                                                                                                   approved on May 23, 2016, an                           to comply with a collection of
                                              The EPA believes the human health or                 information collection for FCC Form                    information subject to the Paperwork
                                           environmental risk addressed by this                    611–T, FCC Wireless                                    Reduction Act that does not display a
                                           action will not have potential                          Telecommunications Bureau Annual                       current, valid OMB Control Number.
                                           disproportionately high and adverse                     Report Related to Eligibility for                      The OMB Control Number is 3060–
                                           human health or environmental effects                   Designated Entity Benefits and 47 CFR                  1092. The foregoing document is
                                           on minority, low-income, or indigenous                  1.2110(n) contained in the Report and                  required by the Paperwork Reduction
                                           populations. In finding that the State of               Order, FCC 15–80. This document is                     Act of 1995, Public Law 104–13,
                                           California has failed to submit a SIP to                consistent with the Report and Order,                  October 1, 1995, and 44 U.S.C. 3507.
                                           address certain basic permitting                        which stated that the Commission                          The total annual reporting burdens
                                           requirements for the PM2.5 NAAQS, for                   would publish a document in the                        and costs for the respondents are as
                                           YSAQMD, this action does not directly                   Federal Register announcing OMB                        follows:
                                           affect the level of protection provided                 approval and the effective date of the                    OMB Control Number: 3060–1092.
                                           for human health or the environment.                    requirements.                                             OMB Approval Date: May 23, 2016.
                                           K. Congressional Review Act (CRA)                       DATES:  47 CFR 1.2110(n), published at                    OMB Expiration Date: January 31,
                                                                                                   80 FR 56764 on September 18, 2015 and                  2017.
                                             This action is subject to the CRA, and                                                                          Title: Interim Procedures for Filing
                                           the EPA will submit a rule report to                    revised FCC Form 611–T, are effective
                                                                                                   on July 8, 2016.                                       Applicants Seeking Approval for
                                           each House of the Congress and to the                                                                          Designated Entity Reportable Eligibility
                                           Comptroller General of the United                       FOR FURTHER INFORMATION CONTACT: For
                                                                                                   additional information contact Cathy                   Events and Annual Reports.
                                           States. This action is not a ‘‘major rule’’                                                                       Form Number: FCC Form 611–T and
                                           as defined by 5 U.S.C. 804(2).                          Williams, Cathy.Williams@fcc.gov, (202)
                                                                                                   418–2918.                                              FCC Form 609–T (only Form 611–T was
                                           L. Judicial Review                                                                                             revised with this submission to OMB).
                                                                                                   SUPPLEMENTARY INFORMATION: This                           Respondents: Business or other for-
                                              Under section 307(b)(1) of the CAA,                  document announces that, on May 23,                    profit entities; Not for Profit Institutions;
                                           petitions for judicial review of this                   2016, OMB approved the information                     and State, Local or Tribal Government.
                                           action must be filed in the United States               collection requirements for FCC Form                      Number of Respondents and
                                           Court of Appeals for the appropriate                    611–T, FCC Wireless                                    Responses: 1,100 respondents and 2,750
                                           circuit by August 8, 2016. Filing a                     Telecommunication Bureau Annual                        responses.
                                           petition for reconsideration by the                     Report Related to Eligibility for                         Estimated Hours per Response: 0.50
                                           Administrator of this final rule does not               Designated Entity Benefits and 47 CFR                  to 6 hours.
                                           affect the finality of this action for the              1.2110(n) contained in the Report and                     Frequency of Response: On occasion
                                           purposes of judicial review nor does it                 Order, FCC 15–80. The OMB Control                      and annual reporting requirements.
                                           extend the time within which a petition                 Number is 3060–1092. If you have any                      Total Annual Burden: 7,288 hours.
                                           for judicial review must be filed, and                  comments on the burden estimates                          Total Annual Costs: 2,223,375.
                                           shall not postpone the effectiveness of                 listed below, or how the Commission                       Obligation to Respond: Required to
                                           such rule or action.                                    can improve the collections and reduce                 obtain or retain benefits. The statutory
                                                                                                   any burdens caused thereby, please                     authority for this information collection
                                           List of Subjects in 40 CFR Part 52
                                                                                                   contact Cathy Williams, Federal                        is contained in 47 U.S.C. 4(i), 308(b),
                                             Environmental protection, Air                         Communications Commission, Room 1–                     309(j)(3) and 309(j)(4).
                                           pollution control, Incorporation by                     C823, 445 12th Street SW., Washington,                    Nature and Extent of Confidentiality:
                                           reference, Intergovernmental relations,                 DC 20554. Please include the OMB                       There is no need for confidentiality
                                           Nitrogen dioxide, Particulate matter,                   Control Number, 3060–1092, in your                     required with this collection of
                                           Reporting and recordkeeping                             correspondence. The Commission will                    information.
                                           requirements, Sulfur oxides.                            also accept your comments via the                         Privacy Impact Assessment: No
                                              Authority: 42 U.S.C. 7401 et seq.                    Internet if you send them to PRA@                      impact(s).
ehiers on DSK5VPTVN1PROD with RULES




                                                                                                   fcc.gov.                                                  Needs and Uses: On July 20, 2015, the
                                             Dated: May 26, 2016.                                     To request materials in accessible                  Commission released the Part 1 R&O in
                                           Alexis Strauss,                                         formats for people with disabilities                   which it updated many of its Part 1
                                           Acting Regional Administrator, Region IX.               (Braille, large print, electronic files,               competitive bidding rules (See Updating
                                           [FR Doc. 2016–13491 Filed 6–7–16; 8:45 am]              audio format), send an email to fcc504@                Part 1 Competitive Bidding Rules;
                                           BILLING CODE 6560–50–P                                  fcc.gov or call the Consumer and                       Expanding the Economic and


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Document Created: 2016-06-08 03:10:13
Document Modified: 2016-06-08 03:10:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe effective date of this rule is July 8, 2016.
ContactLaura Yannayon, Air Division (Air-3), Environmental Protection Agency, Region 9, 75 Hawthorne St., San Francisco, CA 94105; telephone (415) 972-3534; email [email protected]
FR Citation81 FR 36803 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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