81 FR 53309 - Wisconsin; Approval/Disapproval of Interstate Transport Requirements for the 2008 Ozone NAAQS
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 156 (August 12, 2016)
Federal Register Volume 81, Issue 156 (August 12, 2016)
| Page Range | 53309-53311 | |
| FR Document | 2016-19025 |
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)] [Rules and Regulations] [Pages 53309-53311] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19025] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2014-0704; FRL-9950-54-Region 5] Wisconsin; Approval/Disapproval of Interstate Transport Requirements for the 2008 Ozone NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is partially approving and partially disapproving elements of State Implementation Plan (SIP) submission from Wisconsin regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2008 ozone National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. This action pertains specifically to infrastructure requirements concerning interstate transport provisions for which Wisconsin made a SIP submission that, among other things, certified that the existing SIP was sufficient to meet the interstate transport requirements for the 2008 ozone NAAQS. DATES: This final rule is effective on September 12, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2014-0704. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or please contact the person identified in the ``For Further Information Contact'' section for additional availability information. FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9401, arra.sarah@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever [[Page 53310]] ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. What is the background of this SIP submission? II. What action did EPA propose on the SIP submission? III. What is our response to comments received on the proposed rulemaking? IV. What action is EPA taking? V. Statutory and Executive Order Reviews. I. What is the background of this SIP submission? This rulemaking addresses CAA section 110(a)(2)(D)(i) requirements in an infrastructure SIP submission addressing the applicable infrastructure requirements with respect to the 2008 ozone NAAQS, submitted by the Wisconsin Department of Natural Resources (WDNR) on June 20, 2013, and clarified in a letter dated January 28, 2015. The requirement for states to make a SIP submission of this type arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions ``within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),'' and these SIP submissions are to provide for the ``implementation, maintenance, and enforcement'' of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA's taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that ``[e]ach such plan'' submission must address. EPA commonly refers to such state plans as ``infrastructure SIPs.'' This rulemaking takes action on two CAA section 110(a)(2)(D)(i) requirements which apply to these submissions. In particular, section 110(a)(2)(D)(i)(I) requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from contributing significantly to nonattainment of the NAAQS (``prong one''), or interfering with maintenance of the NAAQS (``prong two''), by any another state. Section 110(a)(2)(D)(i)(II) requires that infrastructure SIPs include provisions prohibiting any source or other type of emissions activity in one state from interfering with measures required to prevent significant deterioration (PSD) of air quality (``prong three'') and to protect visibility (``prong four'') in another state. This rulemaking addresses prongs one and two of this CAA section. The majority of the other infrastructure elements were approved in rulemakings on September 11, 2015 (80 FR 54725). II. What action did EPA propose on the SIP submission? The proposed rulemaking associated with today's final action was published on March 16, 2016 (81 FR 14025). In that action, EPA proposed to disapprove the Wisconsin SIP for the prong two requirement because the WDNR SIP submission did not provide an adequate technical analysis demonstrating that the state's SIP contained adequate provisions prohibiting emissions that will significantly contribute to nonattainment or interfere with the 2008 ozone NAAQS in any other state and because EPA's most recent modeling indicated that emissions from Wisconsin were projected to contribute to projected downwind maintenance receptors in another state. EPA also proposed to approve the Wisconsin SIP for the prong one requirement because, although WDNR did not provide information or analyses explaining why existing SIP provisions are adequate to prevent significant contribution to nonattainment in downwind states, EPA's independent modeling presented in the Notice of Data Availability and the Cross-State Air Pollution Update Rule indicated that Wisconsin emissions were not linked to any projected downwind nonattainment receptors. Therefore, EPA proposed to find that the Wisconsin SIP had adequate provisions to prevent such significant contribution to nonattainment for the 2008 ozone standard. III. What is our response to comments received on the proposed rulemaking? During the comment period, which ended on April 15, 2016, EPA did not receive any comments on the Wisconsin portion of the proposed notice. Comments pertaining to Ohio and Indiana are addressed in a June 15, 2016 rulemaking (81 FR 38957). IV. What action is EPA taking? EPA, as proposed, is approving prong one and disapproving prong two of a required infrastructure element with respect to CAA section 110(a)(2)(D)(i), interstate transport, for the 2008 ozone NAAQS. The approval is based on the June 20, 2013 SIP submission in which Wisconsin certified that the current SIP is sufficient to meet the CAA requirements. The disapproval portion of this action triggers an obligation under CAA section 110(c) for EPA to promulgate a Federal Implementation Plan (FIP) no later than two years from the effective date of this disapproval, if EPA has not approved a SIP revision or revisions addressing the deficiencies identified in this action. The disapproval in this action is not tied to attainment planning requirements and therefore does not start any sanction clocks. V. 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 rule does not impose an information collection burden under the provisions of the PRA. C. Regulatory Flexibility Act (RFA) The Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This action merely proposes to disapprove state law as not meeting Federal requirements and imposes no additional requirements 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. 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. [[Page 53311]] F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. It will not have substantial direct effects on tribal governments. Thus, Executive Order 13175 does not apply to this rule. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children because it proposes to disapprove a state rule. H. Executive Order 13211: Actions Concerning Regulations 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) This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations 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. Congressional Review Act 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. EPA will submit a report containing this rule 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 October 11, 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, Ozone. Dated: August 1, 2016. Robert A. Kaplan, Acting Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. Section 52.2591 is amended by revising paragraph (g) to read as follows: Sec. 52.2591 Section 110(a)(2) infrastructure requirements. * * * * * (g) Approval--In a June 20, 2013, submission with a January 28, 2015, clarification, Wisconsin certified that the state has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2008 ozone NAAQS. For 110(a)(2)(D)(i)(I), we are approving prong one and disapproving prong two. We are not taking action on the prevention of significant deterioration requirements related to section 110(a)(2)(C), (D)(i)(II), and (J) and the state board requirements of (E)(ii). We will address these requirements in a separate action. * * * * * [FR Doc. 2016-19025 Filed 8-11-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations 53309
enforceable duty on any state, local or The Congressional Review Act, 5 ENVIRONMENTAL PROTECTION
tribal governments or the private sector. U.S.C. 801 et seq., as added by the Small AGENCY
Business Regulatory Enforcement
E. Executive Order 13132: Federalism 40 CFR Part 52
Fairness Act of 1996, generally provides
This action does not have federalism that before a rule may take effect, the [EPA–R05–OAR–2014–0704; FRL–9950–54–
implications. It will not have substantial agency promulgating the rule must Region 5]
direct effects on the states, on the submit a rule report, which includes a
relationship between the national copy of the rule, to each House of the Wisconsin; Approval/Disapproval of
government and the states, or on the Congress and to the Comptroller General Interstate Transport Requirements for
distribution of power and of the United States. The EPA will the 2008 Ozone NAAQS
responsibilities among the various submit a report containing this action
AGENCY: Environmental Protection
levels of government. and other required information to the
Agency (EPA).
U.S. Senate, the U.S. House of
F. Executive Order 13175: Consultation ACTION: Final rule.
Representatives, and the Comptroller
and Coordination With Indian Tribal
General of the United States prior to SUMMARY: The Environmental Protection
Governments
publication of the rule in the Federal Agency (EPA) is partially approving and
This action does not have tribal Register. A major rule cannot take effect partially disapproving elements of State
implications as specified in Executive until 60 days after it is published in the Implementation Plan (SIP) submission
Order 13175. This action does not apply Federal Register. This action is not a from Wisconsin regarding the
on any Indian reservation land, any ‘‘major rule’’ as defined by 5 U.S.C. infrastructure requirements of section
other area where EPA or an Indian tribe 804(2). 110 of the Clean Air Act (CAA) for the
has demonstrated that a tribe has Under section 307(b)(1) of the CAA, 2008 ozone National Ambient Air
jurisdiction, or non-reservation areas of petitions for judicial review of this Quality Standards (NAAQS). The
Indian country. Thus, Executive Order action must be filed in the United States infrastructure requirements are designed
13175 does not apply to this action. Court of Appeals for the appropriate to ensure that the structural components
circuit by October 11, 2016. Filing a of each state’s air quality management
G. Executive Order 13045: Protection of petition for reconsideration by the program are adequate to meet the state’s
Children From Environmental Health Administrator of this final rule does not responsibilities under the CAA. This
Risks and Safety Risks affect the finality of this action for the action pertains specifically to
The EPA interprets Executive Order purposes of judicial review nor does it infrastructure requirements concerning
13045 as applying only to those extend the time within which a petition interstate transport provisions for which
regulatory actions that concern for judicial review may be filed, and Wisconsin made a SIP submission that,
environmental health or safety risks that shall not postpone the effectiveness of among other things, certified that the
the EPA has reason to believe may such rule or action. This action may not existing SIP was sufficient to meet the
disproportionately affect children, per be challenged later in proceedings to interstate transport requirements for the
the definition of ‘‘covered regulatory enforce its requirements. (See section 2008 ozone NAAQS.
action’’ in section 2–202 of the 307(b)(2).) DATES: This final rule is effective on
Executive Order. This action is not List of Subjects in 40 CFR Part 52 September 12, 2016.
subject to Executive Order 13045 ADDRESSES: EPA has established a
because it merely disapproves a SIP Environmental protection, Air docket for this action under Docket ID
submission as not meeting the CAA. pollution control, Incorporation by No. EPA–R05–OAR–2014–0704. All
reference, and Ozone. documents in the docket are listed on
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Dated: July 29, 2016. the www.regulations.gov Web site.
Distribution or Use Ron Curry, Although listed in the index, some
Regional Administrator, Region 6. information is not publicly available,
This action is not subject to Executive i.e., Confidential Business Information
Order 13211, because it is not a 40 CFR part 52 is amended as follows: (CBI) or other information whose
significant regulatory action under PART 52—APPROVAL AND disclosure is restricted by statute.
Executive Order 12866. PROMULGATION OF Certain other material, such as
IMPLEMENTATION PLANS copyrighted material, is not placed on
I. National Technology Transfer and
the Internet and will be publicly
Advancement Act
■ 1. The authority citation for part 52 available only in hard copy form.
This rulemaking does not involve continues to read as follows: Publicly available docket materials are
technical standards. available either through
Authority: 42 U.S.C. 7401 et seq.
www.regulations.gov or please contact
J. Executive Order 12898: Federal the person identified in the ‘‘For Further
Actions To Address Environmental Subpart T—Louisiana
Information Contact’’ section for
Justice in Minority Populations and additional availability information.
■ 2. Section 52.996 is revised to read as
Low-Income Populations
follows: FOR FURTHER INFORMATION CONTACT:
EPA believes the human health or Sarah Arra, Environmental Scientist,
§ 52.996 Disapprovals. Attainment Planning and Maintenance
environmental risk addressed by this
action will not have potential (a) The portion of the SIP submitted Section, Air Programs Branch (AR–18J),
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disproportionately high and adverse on June 4, 2013 addressing Clean Air Environmental Protection Agency,
human health or environmental effects Act section 110(a)(2)(D)(i)(I) for the 2008 Region 5, 77 West Jackson Boulevard,
on minority, low-income or indigenous ozone NAAQS is disapproved. Chicago, Illinois 60604, (312) 886–9401,
populations. This action merely (b) [Reserved] arra.sarah@epa.gov.
disapproves a SIP submission as not [FR Doc. 2016–19148 Filed 8–11–16; 8:45 am] SUPPLEMENTARY INFORMATION:
meeting the CAA. BILLING CODE 6560–50–P Throughout this document whenever
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![53310 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean of the other infrastructure elements the effective date of this disapproval, if
EPA. This supplementary information were approved in rulemakings on EPA has not approved a SIP revision or
section is arranged as follows: September 11, 2015 (80 FR 54725). revisions addressing the deficiencies
I. What is the background of this SIP II. What action did EPA propose on the identified in this action. The
submission? SIP submission? disapproval in this action is not tied to
II. What action did EPA propose on the SIP attainment planning requirements and
submission? The proposed rulemaking associated therefore does not start any sanction
III. What is our response to comments with today’s final action was published clocks.
received on the proposed rulemaking? on March 16, 2016 (81 FR 14025). In
IV. What action is EPA taking? that action, EPA proposed to disapprove V. Statutory and Executive Order
V. Statutory and Executive Order Reviews. the Wisconsin SIP for the prong two Reviews.
I. What is the background of this SIP requirement because the WDNR SIP
submission did not provide an adequate A. Executive Order 12866: Regulatory
submission? Planning and Review and Executive
technical analysis demonstrating that
This rulemaking addresses CAA the state’s SIP contained adequate Order 13563: Improving Regulation and
section 110(a)(2)(D)(i) requirements in provisions prohibiting emissions that Regulatory Review
an infrastructure SIP submission will significantly contribute to
addressing the applicable infrastructure This action is not a significant
nonattainment or interfere with the
requirements with respect to the 2008 2008 ozone NAAQS in any other state regulatory action and was therefore not
ozone NAAQS, submitted by the and because EPA’s most recent submitted to the Office of Management
Wisconsin Department of Natural modeling indicated that emissions from and Budget (OMB) for review.
Resources (WDNR) on June 20, 2013, Wisconsin were projected to contribute B. Paperwork Reduction Act (PRA)
and clarified in a letter dated January to projected downwind maintenance
28, 2015. receptors in another state. EPA also This rule does not impose an
The requirement for states to make a proposed to approve the Wisconsin SIP information collection burden under the
SIP submission of this type arises out of for the prong one requirement because, provisions of the PRA.
CAA section 110(a)(1). Pursuant to although WDNR did not provide
section 110(a)(1), states must make SIP information or analyses explaining why C. Regulatory Flexibility Act (RFA)
submissions ‘‘within 3 years (or such existing SIP provisions are adequate to
shorter period as the Administrator may The Administrator certifies that this
prevent significant contribution to rule will not have a significant
prescribe) after the promulgation of a nonattainment in downwind states,
national primary ambient air quality economic impact on a substantial
EPA’s independent modeling presented number of small entities under the RFA.
standard (or any revision thereof),’’ and in the Notice of Data Availability and
these SIP submissions are to provide for In making this determination, the
the Cross-State Air Pollution Update
the ‘‘implementation, maintenance, and impact of concern is any significant
Rule indicated that Wisconsin
enforcement’’ of such NAAQS. The adverse economic impact on small
emissions were not linked to any
statute directly imposes on states the entities. An agency may certify that a
projected downwind nonattainment
duty to make these SIP submissions, rule will not have a significant
receptors. Therefore, EPA proposed to
and the requirement to make the economic impact on a substantial
find that the Wisconsin SIP had
submissions is not conditioned upon adequate provisions to prevent such number of small entities if the rule
EPA’s taking any action other than significant contribution to relieves regulatory burden, has no net
promulgating a new or revised NAAQS. nonattainment for the 2008 ozone burden or otherwise has a positive
Section 110(a)(2) includes a list of standard. economic effect on the small entities
specific elements that ‘‘[e]ach such subject to the rule. This action merely
plan’’ submission must address. EPA III. What is our response to comments proposes to disapprove state law as not
commonly refers to such state plans as received on the proposed rulemaking? meeting Federal requirements and
‘‘infrastructure SIPs.’’ During the comment period, which imposes no additional requirements
This rulemaking takes action on two ended on April 15, 2016, EPA did not beyond those imposed by state law.
CAA section 110(a)(2)(D)(i) receive any comments on the Wisconsin
requirements which apply to these D. Unfunded Mandates Reform Act
portion of the proposed notice.
submissions. In particular, section (UMRA)
Comments pertaining to Ohio and
110(a)(2)(D)(i)(I) requires SIPs to include Indiana are addressed in a June 15, 2016 This action does not contain any
provisions prohibiting any source or rulemaking (81 FR 38957). unfunded mandate as described in
other type of emissions activity in one
IV. What action is EPA taking? UMRA, 2 U.S.C. 1531–1538, and does
state from contributing significantly to
not significantly or uniquely affect small
nonattainment of the NAAQS (‘‘prong EPA, as proposed, is approving prong
governments. The action imposes no
one’’), or interfering with maintenance one and disapproving prong two of a
enforceable duty on any state, local or
of the NAAQS (‘‘prong two’’), by any required infrastructure element with
tribal governments or the private sector.
another state. Section 110(a)(2)(D)(i)(II) respect to CAA section 110(a)(2)(D)(i),
requires that infrastructure SIPs include interstate transport, for the 2008 ozone E. Executive Order 13132: Federalism
provisions prohibiting any source or NAAQS. The approval is based on the
other type of emissions activity in one June 20, 2013 SIP submission in which This action does not have federalism
state from interfering with measures Wisconsin certified that the current SIP implications. It will not have substantial
ehiers on DSK5VPTVN1PROD with RULES
required to prevent significant is sufficient to meet the CAA direct effects on the states, on the
deterioration (PSD) of air quality requirements. The disapproval portion relationship between the national
(‘‘prong three’’) and to protect visibility of this action triggers an obligation government and the states, or on the
(‘‘prong four’’) in another state. This under CAA section 110(c) for EPA to distribution of power and
rulemaking addresses prongs one and promulgate a Federal Implementation responsibilities among the various
two of this CAA section. The majority Plan (FIP) no later than two years from levels of government.
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F. Executive Order 13175: Consultation This action is not a ‘‘major rule’’ as ENVIRONMENTAL PROTECTION
and Coordination With Indian Tribal defined by 5 U.S.C. 804(2). AGENCY
Governments Under section 307(b)(1) of the CAA,
40 CFR Part 300
This action does not have tribal petitions for judicial review of this
implications as specified in Executive action must be filed in the United States [EPA–HQ–SFUND–2000–0006; FRL–9950–
Order 13175. It will not have substantial Court of Appeals for the appropriate 62–Region 2]
direct effects on tribal governments. circuit by October 11, 2016. Filing a
National Oil and Hazardous
Thus, Executive Order 13175 does not petition for reconsideration by the Substances Pollution Contingency
apply to this rule. Administrator of this final rule does not Plan; National Priorities List: Deletion
G. Executive Order 13045: Protection of affect the finality of this rule for the of the Jackson Steel Superfund Site
Children From Environmental Health purposes of judicial review nor does it
extend the time within which a petition AGENCY: Environmental Protection
Risks and Safety Risks
for judicial review may be filed, and Agency (EPA).
This action is not subject to Executive shall not postpone the effectiveness of ACTION: Direct final rule.
Order 13045 because it is not such rule or action. This action may not
economically significant as defined in SUMMARY: The Jackson Steel Superfund
be challenged later in proceedings to site (Site), located in the Village of
Executive Order 12866, and because
enforce its requirements. (See section Mineola, Nassau County, New York,
EPA does not believe the environmental
307(b)(2).) contains a building formerly used as a
health or safety risks addressed by this
action present a disproportionate risk to List of Subjects in 40 CFR Part 52 metal-forming facility. The Site is
children because it proposes to bordered to the north by commercial
disapprove a state rule. Environmental protection, Air spaces and single-family dwellings, to
pollution control, Incorporation by the east by a two-story apartment
H. Executive Order 13211: Actions reference, Intergovernmental relations, complex, to the south by a daycare
Concerning Regulations That center and to the west by an office
Ozone.
Significantly Affect Energy Supply, building and restaurant.
Distribution or Use Dated: August 1, 2016. The Environmental Protection Agency
This action is not subject to Executive Robert A. Kaplan, (EPA) Region 2 is publishing this direct
Order 13211, because it is not a Acting Regional Administrator, Region 5. final Notice of Deletion (NOD) of the
significant regulatory action under Site from the National Priorities List
40 CFR part 52 is amended as follows: (NPL). The NPL, promulgated pursuant
Executive Order 12866.
to Section 105 of the Comprehensive
I. National Technology Transfer and PART 52—APPROVAL AND Environmental Response,
Advancement Act (NTTAA) PROMULGATION OF Compensation, and Liability Act
IMPLEMENTATION PLANS (CERCLA) of 1980, as amended, is an
This rulemaking does not involve
technical standards. appendix of the National Oil and
■ 1. The authority citation for part 52 Hazardous Substances Pollution
J. Executive Order 12898: Federal continues to read as follows: Contingency Plan (NCP). This direct
Actions to Address Environmental final deletion is being published by EPA
Authority: 42 U.S.C. 7401 et seq.
Justice in Minority Populations and with the concurrence of the State of
Low-Income Populations ■ 2. Section 52.2591 is amended by New York, through the New York State
EPA believes the human health or revising paragraph (g) to read as follows: Department of Environmental
environmental risk addressed by this Conservation (NYSDEC), because EPA
§ 52.2591 Section 110(a)(2) infrastructure has determined that all appropriate
action will not have potential
requirements. response actions under CERCLA have
disproportionately high and adverse
human health or environmental effects * * * * * been completed at the Site and that the
on minority, low-income or indigenous (g) Approval—In a June 20, 2013, soil on the Site and the groundwater
populations. beneath the Site no longer pose a threat
submission with a January 28, 2015,
to public health or the environment.
Congressional Review Act clarification, Wisconsin certified that
Because elevated concentrations of
the state has satisfied the infrastructure volatile organic compounds (VOCs) are
The Congressional Review Act, 5 SIP requirements of section 110(a)(2)(A)
U.S.C. 801 et seq., as added by the Small present under the slab of the vacant
through (H), and (J) through (M) for the Jackson Steel building and the occupied
Business Regulatory Enforcement 2008 ozone NAAQS. For
Fairness Act of 1996, generally provides daycare center, operation and
110(a)(2)(D)(i)(I), we are approving maintenance of the subslab vapor
that before a rule may take effect, the prong one and disapproving prong two.
agency promulgating the rule must intrusion mitigation systems under the
We are not taking action on the daycare center, periodic vapor intrusion
submit a rule report, which includes a
prevention of significant deterioration monitoring, and five-year reviews will
copy of the rule, to each House of the
Congress and to the Comptroller General requirements related to section continue. The deletion does not
of the United States. EPA will submit a 110(a)(2)(C), (D)(i)(II), and (J) and the preclude future actions under
report containing this rule and other state board requirements of (E)(ii). We Superfund.
required information to the U.S. Senate, will address these requirements in a DATES: This direct final deletion will be
ehiers on DSK5VPTVN1PROD with RULES
the U.S. House of Representatives, and separate action. effective September 26, 2016 unless
the Comptroller General of the United * * * * * EPA receives adverse comments by
States prior to publication of the rule in [FR Doc. 2016–19025 Filed 8–11–16; 8:45 am] September 12, 2016. If adverse
the Federal Register. A major rule BILLING CODE 6560–50–P comments are received, EPA will
cannot take effect until 60 days after it publish a timely withdrawal of this
is published in the Federal Register. direct final NOD in the Federal
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Document Created: 2018-02-09 11:32:55
Document Modified: 2018-02-09 11:32:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on September 12, 2016. | |
| Contact | Sarah Arra, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9401, [email protected] | |
| FR Citation | 81 FR 53309 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Ozone |
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