81 FR 40525 - Limited Disapproval of Air Plan Revisions; Arizona; New Source Review; PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 120 (June 22, 2016)
Federal Register Volume 81, Issue 120 (June 22, 2016)
| Page Range | 40525-40527 | |
| FR Document | 2016-14669 |
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)] [Rules and Regulations] [Pages 40525-40527] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14669] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0187; FRL-9948-01-Region 9] Limited Disapproval of Air Plan Revisions; Arizona; New Source Review; PM2.5 AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing a limited disapproval of a revision to the Arizona Department of Environmental Quality (ADEQ) portion of the Arizona State Implementation Plan (SIP) under the Clean Air Act (CAA or Act). This ADEQ-submitted SIP revision primarily was intended to serve as a replacement of ADEQ's SIP-approved rules for the issuance of New Source Review (NSR) permits for stationary sources, including but not limited to the rules governing the review and permitting of major sources and major modifications under the Act. This action concerns only the major nonattainment NSR provisions in ADEQ's submittal as they pertain to the Nogales and West Central Pinal nonattainment areas for particulate matter with a diameter of 2.5 micrometers or less (PM2.5 ). The EPA previously finalized a limited approval for these PM2.5 nonattainment areas related to certain major nonattainment NSR permitting requirements for PM2.5 under the CAA. We subsequently proposed a limited disapproval for these PM2.5 nonattainment areas to set the stage for remedying certain deficiencies related to these nonattainment NSR permitting requirements for PM2.5 , and this action finalizes this limited disapproval. DATES: This rule will be effective on July 22, 2016. ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0187 for this action. Generally, documents in the docket for this action are available electronically at http://www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105- 3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multi- volume reports), and some may not be available in either location (e.g., confidential business information (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region IX, (415) 972-3811, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Statutory and Executive Order Reviews I. Proposed Action On May 2, 2016, the EPA proposed a limited disapproval of the major nonattainment NSR portion of ADEQ's NSR SIP submittal for PM2.5 as it pertains to the requirements of CAA section 189(e). See 81 FR 26185. ADEQ's NSR SIP submittal generally includes requirements for the PM2.5 [[Page 40526]] nonattainment NSR program for major sources consistent with the provisions promulgated in the EPA's 2008 NSR PM2.5 Rule. Specifically, ADEQ's NSR SIP submittal includes the PM2.5 significant emission rates at R18-2-101(130), regulation of certain PM2.5 precursors (SO2 and NOX ) at R18- 2-101(130), the regulation of PM10 and PM2.5 condensable emissions at R18-2-101(122)(f), and the emissions offset requirements at R18-2-403(A)(3). The EPA approved these provisions into ADEQ's SIP as part of a limited approval and limited disapproval, and other actions, on November 2, 2015 (80 FR 67319). At that time, we did not determine that the submittal fully addressed section 189(e) in title I, Part D, subpart 4 of the Act, related to NSR permitting requirements for PM2.5 for major stationary sources in PM2.5 nonattainment areas, and instead finalized a limited approval related to the requirements of subpart 4 based on this issue. For PM2.5 nonattainment areas, CAA section 189(e) requires that the control requirements applicable under plans in effect under part D of the CAA for major stationary sources of PM2.5 also apply to major stationary sources of PM2.5 precursors, except where the Administrator determines that such sources do not contribute significantly to PM2.5 levels that exceed the standards in the area. In our May 2, 2016 proposed action, we proposed to determine that ADEQ's NSR SIP submittal does not fully satisfy the major nonattainment NSR requirements for PM2.5 under section 189(e) of the Act for the Nogales and West Central Pinal PM2.5 nonattainment areas, based on our finding that the submittal does not include rules regulating VOCs or ammonia as PM2.5 precursors under the major source nonattainment NSR program, nor does it include a demonstration showing that the regulation of VOCs and ammonia is not necessary under section 189(e). The preamble in the Federal Register notification for our proposed action contains more information on the basis for this rulemaking and on our evaluation of the submittal. II. Public Comments and EPA Responses The EPA's May 2, 2016 proposed action provided a 30-day public comment period. During this period, we did not receive any comments on our proposal. III. EPA Action No comments were submitted on our proposed action. Therefore, as authorized in sections 110(k) of the Act, the EPA is finalizing a limited disapproval of the ADEQ NSR SIP submittal for the Nogales and West Central Pinal PM2.5 nonattainment areas under section 189(e) of the Act related to PM2.5 precursors. As a result of this final action, the EPA must promulgate a federal implementation plan (FIP) under section 110(c) to address the deficiencies that are the subject of this action unless we approve subsequent SIP revisions that correct the deficiencies within 24 months. In addition, sanctions will be imposed unless the EPA approves subsequent SIP revisions that correct these deficiencies within 18 months of the effective date of this action. These sanctions would be imposed under section 179 of the Act and 40 CFR 52.31. IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by state law. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by state law. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, will result from this action. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not impose additional requirements beyond those imposed by state law. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because application of those requirements would be inconsistent with the CAA. [[Page 40527]] J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population The EPA lacks the discretionary authority to address environmental justice in this rulemaking. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). L. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 22, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: June 13, 2016. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2016-14669 Filed 6-21-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations 40525
agencies prepare an assessment of PART 36—LOAN GUARANTY permits for stationary sources, including
anticipated costs and benefits before but not limited to the rules governing
issuing any rule that may result in ■ 1. The authority citation for part 36 the review and permitting of major
expenditure by State, local, and tribal continues to read as follows: sources and major modifications under
governments, in the aggregate, or by the Authority: 38 U.S.C. 501 and as otherwise the Act. This action concerns only the
private sector, of $100 million or more noted. major nonattainment NSR provisions in
(adjusted annually for inflation) in any ADEQ’s submittal as they pertain to the
■ 2. In § 36.4340, amend paragraphs
one year. This interim final rule will Nogales and West Central Pinal
(k)(1)(i) and (k)(3) by removing
have no such effect on State, local, and nonattainment areas for particulate
‘‘$10,000’’ and adding, in its place,
tribal governments, or on the private matter with a diameter of 2.5
‘‘$21,563’’ and by revising the authority
sector. micrometers or less (PM2.5). The EPA
citation at the end of the section to read
Paperwork Reduction Act as follows: previously finalized a limited approval
for these PM2.5 nonattainment areas
This interim final rule contains no § 36.4340 Underwriting standards, related to certain major nonattainment
provisions constituting a collection of processing procedures, lender NSR permitting requirements for PM2.5
information under the Paperwork responsibility, and lender certification. under the CAA. We subsequently
Reduction Act of 1995 (44 U.S.C. 3501– * * * * * proposed a limited disapproval for these
3521). PM2.5 nonattainment areas to set the
(Authority: 28 U.S.C. 2461; 38 U.S.C. 3710)
Regulatory Flexibility Act stage for remedying certain deficiencies
PART 42—STANDARDS related to these nonattainment NSR
The Secretary hereby certifies that
IMPLEMENTING THE PROGRAM permitting requirements for PM2.5, and
this final rule will not have a significant
economic impact on a substantial FRAUD CIVIL REMEDIES ACT this action finalizes this limited
number of small entities as they are disapproval.
■ 3. The authority citation for part 42 is DATES: This rule will be effective on July
defined in the Regulatory Flexibility
revised to read as follows: 22, 2016.
Act, 5 U.S.C. 601–612. Accordingly, no
proposed rulemaking was required in Authority: Pub. L. 99–509, secs. 6101– ADDRESSES: The EPA has established
connection with the adoption of this 6104, 100 Stat. 1874, codified at 31 U.S.C. docket number EPA–R09–OAR–2015–
final rule. Pursuant to 5 U.S.C. 605(b), 3801–3812.
0187 for this action. Generally,
this final rule is exempt from the initial ■ 4. In § 42.3, amend paragraphs (a)(1) documents in the docket for this action
and final regulatory flexibility analyses and (b)(1) by removing ‘‘$5,500’’ and are available electronically at http://
requirements of sections 603 and 604. adding, in its place, ‘‘$10,781’’, and by www.regulations.gov or in hard copy at
Catalog of Federal Domestic Assistance revising the authority citation at the end EPA Region IX, 75 Hawthorne Street,
of the section, to read as follows: San Francisco, California 94105–3901.
The Catalog of Federal Domestic While all documents in the docket are
Assistance number and title for the § 42.3 Basis for Civil Penalties and
Assessments.
listed at http://www.regulations.gov,
program affected by this document is some information may be publicly
64.114, Veterans Housing—Guaranteed * * * * * available only at the hard copy location
and Insured Loans. (Authority: 28 U.S.C. 2461; 31 U.S.C. 3802) (e.g., copyrighted material, large maps,
Signing Authority [FR Doc. 2016–14592 Filed 6–21–16; 8:45 am] multi-volume reports), and some may
The Secretary of Veterans Affairs, or BILLING CODE 8320–01–P not be available in either location (e.g.,
designee, approved this document and confidential business information
authorized the undersigned to sign and (CBI)). To inspect the hard copy
submit the document to the Office of the ENVIRONMENTAL PROTECTION materials, please schedule an
Federal Register for publication AGENCY appointment during normal business
electronically as an official document of hours with the contact listed in the FOR
the Department of Veterans Affairs. 40 CFR Part 52 FURTHER INFORMATION CONTACT section.
Robert D. Snyder, Chief of Staff, FOR FURTHER INFORMATION CONTACT: Lisa
[EPA–R09–OAR–2015–0187; FRL–9948–01–
Department of Veterans Affairs, Region 9] Beckham, EPA Region IX, (415) 972–
approved this document on May 31, 3811, beckham.lisa@epa.gov.
2016, for publication. Limited Disapproval of Air Plan SUPPLEMENTARY INFORMATION:
Dated: June 16, 2016. Revisions; Arizona; New Source Throughout this document, ‘‘we,’’ ‘‘us’’
Jeffrey Martin,
Review; PM2.5 and ‘‘our’’ refer to the EPA.
Office Program Manager, Office of Regulation AGENCY: Environmental Protection Table of Contents
Policy & Management, Office of the Secretary, Agency (EPA).
Department of Veterans Affairs. I. Proposed Action
ACTION: Final rule. II. Public Comments and EPA Responses
List of Subjects in 38 CFR Part 36 III. EPA Action
SUMMARY: The Environmental Protection IV. Statutory and Executive Order Reviews
Condominiums, Housing, Individuals Agency (EPA) is finalizing a limited
with disabilities, Loan programs- disapproval of a revision to the Arizona I. Proposed Action
housing and community development, Department of Environmental Quality On May 2, 2016, the EPA proposed a
sradovich on DSK3TPTVN1PROD with RULES
Loan programs-veterans, Manufactured (ADEQ) portion of the Arizona State limited disapproval of the major
homes, Mortgage insurance, Reporting Implementation Plan (SIP) under the nonattainment NSR portion of ADEQ’s
and recordkeeping requirements, Clean Air Act (CAA or Act). This ADEQ- NSR SIP submittal for PM2.5 as it
Veterans. submitted SIP revision primarily was pertains to the requirements of CAA
For the reasons set out in the intended to serve as a replacement of section 189(e). See 81 FR 26185.
preamble, VA amends 38 CFR parts 36 ADEQ’s SIP-approved rules for the ADEQ’s NSR SIP submittal generally
and 42 as follows: issuance of New Source Review (NSR) includes requirements for the PM2.5
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![Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations 40527
J. Executive Order 12898: Federal certain information collection Number. The OMB Control Number is
Actions To Address Environmental requirements associated with the 3060–1177. The foregoing document is
Justice in Minority Populations and Commission’s Low Power Television required by the Paperwork Reduction
Low-Income Population Digital Rules Report and Order, FCC 15– Act of 1995, Public Law 104–13,
The EPA lacks the discretionary 175. This document is consistent with October 1, 1995, and 44 U.S.C. 3507.
authority to address environmental the Low Power Television Digital Rules
The total annual reporting burdens
justice in this rulemaking. Report and Order, which stated that the
and costs for the respondents are as
Commission would publish a document
K. Congressional Review Act (CRA) in the Federal Register announcing follows:
This action is subject to the CRA, and OMB approval and the effective date of OMB Control No.: 3060–1177.
the EPA will submit a rule report to the rule. OMB Approval Date: June 15, 2016.
each House of the Congress and to the DATES: 47 CFR 74.800, published at 81 OMB Expiration Date: June 30, 2019.
Comptroller General of the United FR 5041, February 1, 2016, is effective
States. This action is not a ‘‘major rule’’ June 22, 2016. Title: 47 CFR 74.800, Channel Sharing
as defined by 5 U.S.C. 804(2). FOR FURTHER INFORMATION CONTACT:
Agreement.
Cathy Williams, Cathy.Williams@ Form Numbers: Not applicable.
L. Petitions for Judicial Review
fcc.gov, (202) 418–2918. Respondents: Business or other for
Under section 307(b)(1) of the Clean SUPPLEMENTARY INFORMATION: This profit entities; Not for profit institutions;
Air Act, petitions for judicial review of document announces that, on June 15, State, local or Tribal government.
this action must be filed in the United 2016, OMB approved the information
States Court of Appeals for the Number of Respondents/Responses:
collection requirements contained in the
appropriate circuit by August 22, 2016. 100 respondents; 100 responses.
Commission’s Low Power Television
Filing a petition for reconsideration by Digital Rules Report and Order, FCC 15– Estimated Hours per Response: 1 hr.
the Administrator of this final rule does 175, published at 81 FR 5041, February Frequency of Response: One time
not affect the finality of this rule for the 1, 2016. The OMB Control Number is reporting requirement.
purposes of judicial review nor does it 3060–1177. The Commission publishes
extend the time within which a petition Total Annual Burden: 100 hours.
this document as an announcement of
for judicial review may be filed, and the effective date of the requirement. If Total Annual Cost: $54,000.
shall not postpone the effectiveness of you have any comments on the burden Obligation to Respond: Required to
such rule or action. This action may not estimates listed below, or how the obtain benefits. The statutory authority
be challenged later in proceedings to Commission can improve the
enforce its requirements (see section for this information collection is
collections and reduce any burdens contained in sections 1, 4(i) and (j), 7,
307(b)(2)). caused thereby, please contact Cathy 154(i), 301, 302, 303, 307, 308, 309, 312,
List of Subjects in 40 CFR Part 52 Williams, Federal Communications 316, 318, 319, 324, 325, 336 and 337 of
Commission, Room 1–C823, 445 12th the Communications Act of 1934, as
Environmental protection, Air
Street SW., Washington, DC 20554. amended.
pollution control, Incorporation by
Please include the OMB Control
reference, Intergovernmental relations, Nature and Extent of Confidentiality:
Number, 3060–1177, in your
Nitrogen dioxide, Ozone, Particulate There is no need for confidentiality with
correspondence. The Commission will
matter, Reporting and recordkeeping this collection of information.
also accept your comments via the
requirements, Sulfur oxides, Volatile
Internet if you send them to PRA@ Privacy Act Assessment: No impact(s).
organic compounds.
fcc.gov.
Dated: June 13, 2016. Needs and Uses: On December 18,
To request materials in accessible
Alexis Strauss, formats for people with disabilities 2015, the Commission released a Third
(Braille, large print, electronic files, Report and Order and Fourth Notice of
Acting Regional Administrator, Region IX.
audio format), send an email to fcc504@ Proposed Rulemaking, In the Matter of
[FR Doc. 2016–14669 Filed 6–21–16; 8:45 am]
fcc.gov or call the Consumer and Amendment of Parts 73 and 74 of the
BILLING CODE 6560–50–P
Governmental Affairs Bureau at (202) Commission’s Rules to Establish Rules
418–0530 (voice), (202) 418–0432 for Digital Low Power Television and
(TTY). Television Translator Stations, MB
FEDERAL COMMUNICATIONS
Docket No. 03–185, FCC 15–175. Low
COMMISSION Synopsis power television and television
47 CFR Part 74 As required by the Paperwork translator stations (collectively ‘‘LPTV
Reduction Act of 1995 (44 U.S.C. 3507), stations’’) will be required to include
[MB Docket No. 03–185; GN Docket No. 12– the FCC is notifying the public that it certain terms in their channel sharing
268; ET Docket No. 14–175; FCC 15–175] received OMB approval on June 15, agreements (CSAs) and to file their
2016 for the information collection CSAs with the Commission. This new
Low Power Television Digital Rules
requirements contained in FCC 15–175, requirement is provided in 47 CFR
AGENCY: Federal Communications 47 CFR 74.800. Under 5 CFR 1320, an 74.800.
Commission. agency may not conduct or sponsor a
collection of information unless it Federal Communications Commission.
ACTION: Final rule; announcement of
sradovich on DSK3TPTVN1PROD with RULES
effective date. displays a current, valid OMB Control Marlene H. Dortch,
Number. Secretary, Office of the Secretary.
SUMMARY: In this document, the Federal No person shall be subject to any [FR Doc. 2016–14804 Filed 6–21–16; 8:45 am]
Communications Commission penalty for failing to comply with a BILLING CODE 6712–01–P
(Commission) announces that the Office collection of information subject to the
of Management and Budget (OMB) has Paperwork Reduction Act that does not
approved, for a period of three years, display a current, valid OMB Control
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Document Created: 2016-06-22 01:06:15
Document Modified: 2016-06-22 01:06:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective on July 22, 2016. | |
| Contact | Lisa Beckham, EPA Region IX, (415) 972-3811, [email protected] | |
| FR Citation | 81 FR 40525 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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