81 FR 70626 - Approval and Promulgation of Air Quality Implementation Plans; South Dakota; Revisions to the Permitting Rules
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 198 (October 13, 2016)
Federal Register Volume 81, Issue 198 (October 13, 2016)
| Page Range | 70626-70631 | |
| FR Document | 2016-24648 |
[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)] [Rules and Regulations] [Pages 70626-70631] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24648] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2016-0424; FRL-9953-92-Region 8] Approval and Promulgation of Air Quality Implementation Plans; South Dakota; Revisions to the Permitting Rules AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve State Implementation Plan (SIP) revisions submitted by the State of South Dakota on October 23, 2015 and July 29, 2013 related to South Dakota's Air Pollution Control Program. The October 23, 2015 submittal revises certain definitions and dates of incorporation by reference and contains new, amended and renumbered rules. In this rulemaking, we are taking final action on all portions of the October 23, 2015 submittal, except for those portions of the submittal which do not belong in the SIP. This action is being taken under section 110 of the Clean Air Act (CAA). DATES: This final rule is effective on November 14, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R08-OAR-2016-0424. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., 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 electronically through http://www.regulations.gov, or please contact the person identified in the ``For Further Information Contact'' section for additional availability information. FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, [email protected]. SUPPLEMENTARY INFORMATION: I. What is the EPA approving? The EPA is approving all revisions as submitted by the State of South Dakota on October 23, 2015, with the exception of the revisions that we are not acting on, as outlined in section III of our proposed rulemaking published on August 8, 2016 (81 FR 52388). We are taking final action to approve the following revisions: (1) 74:36:01:01 (Definitions) - 74:36:01:01(8), 74:36:01:01(29), 74:36:01:01(67), 74:36:01:01(73), 74:36:01:05, and 74:36:01:20 ; 74:36:02 (Ambient Air Quality)--74:36:02:02, 74:36:02:03, 74:36:02:04 and 74:36:02:05; 74:36:03 (Air Quality Episodes)--74:36:03:01 and 74:36:03:02; 74:36:04 (Operating Permits for Minor Sources)--74:36:04:04, 74:36:04:03 and 74:36:04:21.01; 74:36:09 (Prevention of Significant Deterioration)-- 74:36:09:02, 74:36:09:03, 74:36:09:02(7), 74:36:09:02(8) and 74:36:09:02(9); 74:36:10 (New Source Review)-- 74:36:10:02, 74:36:10:03.01, 74:36:10:05, 74:36:10:07 and 74:36:10:08; 74:36:11 (Performance Testing)--74:36:11:01; 74:36:12 (Control of Visible Emissions)--74:36:12:01 and 74:36:12:03; 74:36:18 (Regulations for State Facilities in the Rapid City Area)--74:36:18:10; 74:36:20 (Construction Permits for New Sources or Modifications)--74:36:20:05; 74:36:01:01(73) (Subject to Regulation); and the deletion of 74:36:04:03.01 (Minor Source Operating Permit Variance). We provided a detailed explanation of the bases for our proposal. See 81 FR 52388. We invited comment on all aspects of our proposal and provided a 30-day comment period. The comment period ended on September 8, 2016. In this action, we are responding to the comments we received and taking final rulemaking action on the rules from the State's July 29, 2013 and October 23, 2015, submittals. II. Brief Discussion of Statutory and Regulatory Requirements The changes we are taking final action to approve are consistent with the CAA and EPA regulations. Specifically: 1. CAA section 110(a)(2)(C), requires each state plan to include ``a program to provide for the . . . regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that the National Ambient Air Quality Standards [NAAQS] are achieved, including a permit program as [[Page 70627]] required in parts C and D of this subchapter.'' 2. CAA section 165, lays out the requirements for obtaining a permit that must be included in a state's SIP-approved permit program. South Dakota's Air Pollution Control Program imposes these requirements on sources, and the State's proposed plan clearly satisfies the requirements of these statutory provisions. 3. CAA section 110(a)(2)(A), requires that SIPs contain enforceable emissions limitations and other control measures. Under section CAA section 110(a)(2), the enforceability requirement in section 110(a)(2)(A) applies to all plans submitted by a state. Chapter 6, section 13 creates enforceable obligations for sources by removing phrases such as ``the plan shall provide'' and ``the plan may provide.'' 4. CAA section 110(i), (with certain limited exceptions) prohibits states from modifying SIP requirements for stationary sources except through the SIP revision process. By eliminating unspecified procedures that were referenced in the May 10, 2011 submittal, the November 6, 2015 submittal addresses this issue. In addition, the CAA (section 110(a)(2)(C)) and 40 CFR 51.160 require states to have legally enforceable procedures to prevent construction or modification of a source if it would violate any SIP control strategies or interfere with attainment or maintenance of the NAAQS. Such minor New Source Review (NSR) programs are for pollutants from stationary sources that do not require prevention of significant deterioration (PSD) or nonattainment NSR permits. States may customize the requirements of the minor NSR program as long as their program meets minimum requirements. Section 110(l) of the CAA states: ``[e]ach revision to an implementation plan submitted by a State under this Act shall be adopted by such State after reasonable notice and public hearing. The Administrator shall not approve a revision to a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of this chapter.'' The states' obligation to comply with each of the NAAQS is considered as ``any applicable requirement(s) concerning attainment.'' A demonstration is necessary to show that this SIP revision will not interfere with attainment or maintenance of the NAAQS, including those for ozone, particulate matter, carbon monoxide (CO), sulfur dioxide (SO2 ), lead, nitrogen oxides (NOX ) or any other requirement of the Act. South Dakota's demonstration of noninterference (see docket), provides sufficient basis that new revisions to ARSD 74:36 will not interfere with attainment, reasonable further progress (RFP), or any other applicable requirement of the CAA. Further details can be found in our proposed rulemaking. III. Response to Comments We received one comment during the public comment period. This comment was not related to the EPA's proposed rulemaking for South Dakota's permitting program changes which was published on August 8, 2016. As such, we are not providing a response to this comment. IV. Final Action As outlined in our proposed rulemaking, the EPA finds that the addition of new, revised and removed rules to ARSD 74:36 will not interfere with attainment or maintenance of any of the NAAQS in the State of South Dakota and will not interfere with any other applicable requirement of the Act or the EPA regulations as outlined in section II of this rulemaking (see proposed rulemaking for detailed rational); and thus, are approvable under CAA section 110(l). Therefore, we are taking final action to approve South Dakota's revisions as submitted on October 23, 2015. We are not taking action on South Dakota's July 29, 2013 submittal because it was superseded. In our final rule published in the Federal Register on February 16, 2016 (81 FR 7706) we inadvertently used an incorrect approval date in the updates to the South Dakota regulatory table. The EPA is taking final action to correct this error with this action. The IBR material for our February 16, 2016 action is contained within this docket. V. Incorporation by Reference In this rule, the EPA is taking final action to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is taking final action to incorporate by reference the Administrative Rules of South Dakota pertaining to their permitting rules as outlined in section I. The EPA has made, and will continue to make, these documents generally available electronically through http://www.regulations.gov and/or at the EPA Region 8 Office (please contact the person identified in the ``For Further Information Contact'' section of this preamble for more information). VI. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4); Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a [[Page 70628]] tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 12, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See CAA 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, Volatile Organic Compounds. Authority: 42 U.S.C. 7401 et seq. Dated: September 26, 2016. Richard D. Buhl, Acting Regional Administrator, Region 8. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority for citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart QQ--South Dakota 0 2. In Sec. 52.2170, the table in paragraph (c) is amended by revising entries ``74:36:01:01'', ``74:36:01:05'', ``74:36:01:10'', ``74:36:01:20''; ``74:36:02:02'', ``74:36:02:03'', ``74:36:02:04'', ``74:36:02:05''; ``74:36:03:01'', ``74:36:03:02''; ``74:36:04:03'', ``74:36:04:04'', ``74:36:04:21''; ``74:36:09:02'', ``74:36:09:03''; ``74:36:10:02'', ``74:36:10:03.01'', ``74:36:10:05'' ``74:36:10:06'' ``74:36:10:07'' ``74:36:10:08''; ``74:36:11:01''; ``74:36:12:01'', ``74:36:12:03''; ``74:36:13:02'', ``74:36:13:03'', ``74:36:13:04'', ``74:36:13:06'', ``74:36:13:07'', ``74:36:13:08''; ``74:36:18:10''; ``74:36:20:02'', ``74:36:20:05''; ``74:36:21:02'', ``74:36:21:04'', ``74:36:21:05'', and ``74:36:21:09'' to read as follows: Sec. 52.2170 Identification of plan. * * * * * (c) * * * ---------------------------------------------------------------------------------------------------------------- State EPA effective Final rule Rule No. Rule title effective date date citation, date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- 74:36:01. Definitions ---------------------------------------------------------------------------------------------------------------- 74:36:01:01................ Definitions..... 10/13/2015 11/14/2016 [Insert Federal Except for Register 74:36:01:01.(7 citation], 10/ 3). 13/2016. * * * * * * * 74:36:01:05................ Applicable 10/13/2015 11/14/2016 [Insert Federal ............... requirements of Register the Clean Air citation], 10/ Act defined. 13/2016. * * * * * * * 74:36:01:10................ Modification 10/13/2015 11/14/2016 [Insert Federal ............... defined. Register citation], 10/ 13/2016. * * * * * * * 74:36:01:20................ Physical change 10/13/2015 11/14/2016 [Insert Federal ............... in or change in Register the method of citation], 10/ operation 13/2016. defined. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 74:36:02. Ambient Air Quality ---------------------------------------------------------------------------------------------------------------- * * * * * * * 74:36:02:02................ Ambient air 10/13/2015 11/14/2016 [Insert Federal ............... quality Register standards. citation], 10/ 13/2016. 74:36:02:03................ Methods of 10/13/2015 11/14/2016 [Insert Federal ............... sampling and Register analysis. citation], 10/ 13/2016. 74:36:02:04................ Ambient air 10/13/2015 11/14/2016 [Insert Federal ............... monitoring Register network. citation], 10/ 13/2016. [[Page 70629]] 74:36:02:05................ Air quality 10/13/2015 11/14/2016 [Insert Federal ............... monitoring Register requirements. citation], 10/ 13/2016. ---------------------------------------------------------------------------------------------------------------- 74:36:03. Air Quality Episodes ---------------------------------------------------------------------------------------------------------------- 74:36:03:01................ Air pollution .............. 11/14/2016 [Insert Federal ............... emergency Register episode. citation], 10/ 13/2016. 74:36:03:02................ Episode .............. 11/14/2016 [Insert Federal ............... emergency Register contingency citation], 10/ plan. 13/2016. ---------------------------------------------------------------------------------------------------------------- 74:36:04. Operating Permits for Minor Sources ---------------------------------------------------------------------------------------------------------------- * * * * * * * 74:36:04:03................ Emission unit 10/13/2015 11/14/2016 [Insert Federal ............... exemptions. Register citation], 10/ 13/2016. 74:36:04:04................ Standard for 10/13/2015 11/14/2016 [Insert Federal ............... issuance of a Register minor source citation], 10/ operating 13/2016. permit. * * * * * * * 74:36:04:21................ Permit 10/13/2015 11/14/2016 [Insert Federal ............... modifications. Register citation], 10/ 13/2016. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 74:36:09. Prevention of Significant Deterioration ---------------------------------------------------------------------------------------------------------------- * * * * * * * 74:36:09:02................ Prevention of .............. 11/14/2016 [Insert Federal Except for significant Register 74:36:09:02.(1 deterioration. citation], 10/ 0). 13/2016. 74:36:09:03................ Public .............. 11/14/2016 [Insert Federal ............... participation. Register citation], 10/ 13/2016. ---------------------------------------------------------------------------------------------------------------- 74:36:10. New Source Review ---------------------------------------------------------------------------------------------------------------- * * * * * * * 74:36:10:02................ Definitions..... .............. 11/14/2016 [Insert Federal ............... Register citation], 10/ 13/2016. 74:36:10:03.01............. New source .............. 11/14/2016 [Insert Federal ............... review Register preconstruction citation], 10/ permit required. 13/2016. 74:36:10:05................ New source .............. 11/14/2016 [Insert Federal ............... review Register preconstruction citation], 10/ permit. 13/2016. 74:36:10:06................ Causing or .............. 11/14/2016 [Insert Federal ............... contributing to Register a violation of citation], 10/ any national 13/2016. ambient air quality standard. 74:36:10:07................ Determining .............. 11/14/2016 [Insert Federal ............... credit for Register emission citation], 10/ offsets. 13/2016. 74:36:10:08................ Projected actual .............. 11/14/2016 [Insert Federal ............... emissions. Register citation], 10/ 13/2016. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 74:36:11. Performance Testing ---------------------------------------------------------------------------------------------------------------- 74:36:11:01................ Stack 10/13/2015 11/14/2016 [Insert Federal ............... performance Register testing or citation], 10/ other testing 13/2016. methods. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 74:36:12. Control of Visible Emissions ---------------------------------------------------------------------------------------------------------------- * * * * * * * 74:36:12:01................ Restrictions on 10/13/2015 11/14/2016 [Insert Federal ............... visible Register emissions. citation], 10/ 13/2016. [[Page 70630]] * * * * * * * 74:36:12:03................ Exceptions 10/13/2015 11/14/2016 [Insert Federal ............... granted to Register alfalfa citation], 10/ pelletizers or 13/2016. dehydrators. ---------------------------------------------------------------------------------------------------------------- 74:36:13. Continuous Emission Monitoring Systems ---------------------------------------------------------------------------------------------------------------- * * * * * * * 74:36:13:02................ Minimum 10/13/2015 11/14/2016 [Insert Federal ............... performance Register specifications citation], 10/ for all 13/2016. continuous emission monitoring systems. 74:36:13:03................ Reporting 10/13/2015 11/14/2016 [Insert Federal ............... requirements. Register citation], 10/ 13/2016. 74:36:13:04................ Notice to 10/13/2015 11/14/2016 [Insert Federal ............... department of Register exceedance. citation], 10/ 13/2016. * * * * * * * 74:36:13:06................ Compliance 10/13/2015 11/14/2016 [Insert Federal ............... certification. Register citation], 10/ 13/2016. 74:36:13:07................ Credible 10/13/2015 11/14/2016 [Insert Federal ............... evidence. Register citation], 10/ 13/2016. 74:36:13:08................ Compliance 10/13/2015 11/14/2016 [Insert Federal ............... assurance Register monitoring. citation], 10/ 13/2016. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 74:36:18. Regulations for State Facilities in the Rapid City Area ---------------------------------------------------------------------------------------------------------------- * * * * * * * 74:36:18:10................ Visible emission 10/13/2015 11/14/2016 [Insert Federal ............... limit for Register construction citation], 10/ and continuous 13/2016. operation activities. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 74:36:20. Construction Permits for New Sources or Modifications ---------------------------------------------------------------------------------------------------------------- * * * * * * * 74:36:20:02................ Construction 10/13/2015 11/14/2016 [Insert Federal ............... permit required. Register citation], 10/ 13/2016. * * * * * * * 74:36:20:05................ Standard for 10/13/2015 11/14/2016 [Insert Federal ............... issuance of Register construction citation], 10/ permit. 13/2016. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 74:36:21. Regional Haze Program ---------------------------------------------------------------------------------------------------------------- * * * * * * * 74:36:21:02................ Definitions..... 10/13/2015 11/14/2016 [Insert Federal ............... Register citation], 10/ 13/2016. * * * * * * * 74:36:21:04................ Visibility 10/13/2015 11/14/2016 [Insert Federal ............... impact analysis. Register citation], 10/ 13/2016. 74:36:21:05................ BART 10/13/2015 11/14/2016 [Insert Federal ............... determination. Register citation], 10/ 13/2016. * * * * * * * 74:36:21:09................ Monitoring, 10/13/2015 11/14/2016 [Insert Federal ............... recordkeeping, Register and reporting. citation], 10/ 13/2016. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 70631]] * * * * * [FR Doc. 2016-24648 Filed 10-12-16; 8:45 am] BILLING CODE 6560-50-P
![70626 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations
Columbia. Whenever any person has application, after three-days notice to all 80202–1129, (303) 312–6227,
failed to comply with a preliminary parties, waive any rule or issue such leone.kevin@epa.gov.
order of reinstatement, or a final order, orders that justice or the administration SUPPLEMENTARY INFORMATION:
including one approving a settlement of section 18C of the FLSA requires.
agreement, issued under section 18C of [FR Doc. 2016–24559 Filed 10–12–16; 8:45 am] I. What is the EPA approving?
the FLSA, a person on whose behalf the BILLING CODE 4510–26–P The EPA is approving all revisions as
order was issued may file a civil action submitted by the State of South Dakota
seeking enforcement of the order in the on October 23, 2015, with the exception
appropriate United States district court. ENVIRONMENTAL PROTECTION of the revisions that we are not acting
AGENCY on, as outlined in section III of our
§ 1984.114 District court jurisdiction of proposed rulemaking published on
retaliation complaints. August 8, 2016 (81 FR 52388). We are
40 CFR Part 52
(a) The complainant may bring an taking final action to approve the
action at law or equity for de novo [EPA–R08–OAR–2016–0424; FRL–9953–92–
Region 8]
following revisions: (1) 74:36:01:01
review in the appropriate district court (Definitions) - 74:36:01:01(8),
of the United States, which will have Approval and Promulgation of Air 74:36:01:01(29), 74:36:01:01(67),
jurisdiction over such an action without Quality Implementation Plans; South 74:36:01:01(73), 74:36:01:05, and
regard to the amount in controversy, Dakota; Revisions to the Permitting 74:36:01:20 ; 74:36:02 (Ambient Air
either: Rules Quality)—74:36:02:02, 74:36:02:03,
(1) Within 90 days after receiving a 74:36:02:04 and 74:36:02:05; 74:36:03
written determination under AGENCY: Environmental Protection (Air Quality Episodes)—74:36:03:01 and
§ 1984.105(a) provided that there has Agency. 74:36:03:02; 74:36:04 (Operating
been no final decision of the Secretary; ACTION: Final rule. Permits for Minor Sources)—
or 74:36:04:04, 74:36:04:03 and
(2) If there has been no final decision SUMMARY: The Environmental Protection 74:36:04:21.01; 74:36:09 (Prevention of
of the Secretary within 210 days of the Agency (EPA) is taking final action to Significant Deterioration)— 74:36:09:02,
filing of the complaint. approve State Implementation Plan 74:36:09:03, 74:36:09:02(7),
(3) At the request of either party, the (SIP) revisions submitted by the State of 74:36:09:02(8) and 74:36:09:02(9);
action shall be tried by the court with South Dakota on October 23, 2015 and 74:36:10 (New Source Review)—
a jury. July 29, 2013 related to South Dakota’s 74:36:10:02, 74:36:10:03.01, 74:36:10:05,
(b) A proceeding under paragraph (a) Air Pollution Control Program. The 74:36:10:07 and 74:36:10:08; 74:36:11
of this section shall be governed by the October 23, 2015 submittal revises (Performance Testing)—74:36:11:01;
same legal burdens of proof specified in certain definitions and dates of 74:36:12 (Control of Visible
§ 1984.109. The court shall have incorporation by reference and contains Emissions)—74:36:12:01 and
jurisdiction to grant all relief necessary new, amended and renumbered rules. In 74:36:12:03; 74:36:18 (Regulations for
to make the employee whole, including this rulemaking, we are taking final State Facilities in the Rapid City Area)—
injunctive relief and compensatory action on all portions of the October 23, 74:36:18:10; 74:36:20 (Construction
damages, including: 2015 submittal, except for those Permits for New Sources or
(1) Reinstatement with the same portions of the submittal which do not Modifications)—74:36:20:05;
seniority status that the employee belong in the SIP. This action is being 74:36:01:01(73) (Subject to Regulation);
would have had, but for the discharge taken under section 110 of the Clean Air and the deletion of 74:36:04:03.01
or retaliation; Act (CAA). (Minor Source Operating Permit
(2) The amount of back pay, with DATES: This final rule is effective on Variance).
interest; and November 14, 2016. We provided a detailed explanation of
(3) Compensation for any special the bases for our proposal. See 81 FR
ADDRESSES: The EPA has established a
damages sustained as a result of the 52388. We invited comment on all
docket for this action under Docket ID
discharge or retaliation, including aspects of our proposal and provided a
No. EPA–R08–OAR–2016–0424. All
litigation costs, expert witness fees, and 30-day comment period. The comment
documents in the docket are listed on
reasonable attorney fees. period ended on September 8, 2016.
the http://www.regulations.gov Web
(c) Within seven days after filing a In this action, we are responding to
site. Although listed in the index, some
complaint in federal court, a the comments we received and taking
information is not publicly available,
complainant must file with the final rulemaking action on the rules
e.g., CBI or other information whose
Assistant Secretary, the ALJ, or the ARB, from the State’s July 29, 2013 and
disclosure is restricted by statute.
depending on where the proceeding is October 23, 2015, submittals.
Certain other material, such as
pending, a copy of the file-stamped II. Brief Discussion of Statutory and
copyrighted material, is not placed on
complaint. In all cases, a copy of the Regulatory Requirements
the Internet and will be publicly
complaint also must be served on the
available only in hard copy form. The changes we are taking final action
OSHA official who issued the findings
Publicly available docket materials are to approve are consistent with the CAA
and/or preliminary order, the Assistant
available electronically through http:// and EPA regulations. Specifically:
Secretary, and the Associate Solicitor,
www.regulations.gov, or please contact 1. CAA section 110(a)(2)(C), requires
Division of Fair Labor Standards, U.S.
the person identified in the ‘‘For Further each state plan to include ‘‘a program to
Department of Labor.
Information Contact’’ section for provide for the . . . regulation of the
Lhorne on DSK30JT082PROD with RULES
§ 1984.115 Special circumstances; waiver additional availability information. modification and construction of any
of rules. FOR FURTHER INFORMATION CONTACT: stationary source within the areas
In special circumstances not Kevin Leone, Air Program, U.S. covered by the plan as necessary to
contemplated by the provisions of this Environmental Protection Agency, assure that the National Ambient Air
part, or for good cause shown, the ALJ Region 8, Mailcode 8P–AR, 1595 Quality Standards [NAAQS] are
or the ARB on review may, upon Wynkoop Street, Denver, Colorado achieved, including a permit program as
VerDate Sep<11>2014 13:32 Oct 12, 2016 Jkt 241001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM 13OCR1](https://thefederalregister.org/doc/81_FR_70824/page/1.svg)
![Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations 70627
required in parts C and D of this (CO), sulfur dioxide (SO2), lead, Information Contact’’ section of this
subchapter.’’ nitrogen oxides (NOX) or any other preamble for more information).
2. CAA section 165, lays out the requirement of the Act. South Dakota’s
requirements for obtaining a permit that VI. Statutory and Executive Order
demonstration of noninterference (see
must be included in a state’s SIP- Reviews
docket), provides sufficient basis that
approved permit program. South new revisions to ARSD 74:36 will not Under the Clean Air Act, the
Dakota’s Air Pollution Control Program interfere with attainment, reasonable Administrator is required to approve a
imposes these requirements on sources, further progress (RFP), or any other SIP submission that complies with the
and the State’s proposed plan clearly applicable requirement of the CAA. provisions of the Act and applicable
satisfies the requirements of these Further details can be found in our federal regulations. 42 U.S.C. 7410(k);
statutory provisions. proposed rulemaking. 40 CFR 52.02(a). Thus, in reviewing SIP
3. CAA section 110(a)(2)(A), requires submissions, the EPA’s role is to
that SIPs contain enforceable emissions III. Response to Comments approve state choices, provided that
limitations and other control measures. We received one comment during the they meet the criteria of the Clean Air
Under section CAA section 110(a)(2), public comment period. This comment Act. Accordingly, this action merely
the enforceability requirement in was not related to the EPA’s proposed approves state law as meeting federal
section 110(a)(2)(A) applies to all plans rulemaking for South Dakota’s requirements and does not impose
submitted by a state. Chapter 6, section permitting program changes which was additional requirements beyond those
13 creates enforceable obligations for published on August 8, 2016. As such, imposed by state law. For that reason,
sources by removing phrases such as we are not providing a response to this this action:
‘‘the plan shall provide’’ and ‘‘the plan comment. • Is not a significant regulatory action
may provide.’’ subject to review by the Office of
4. CAA section 110(i), (with certain IV. Final Action Management and Budget under
limited exceptions) prohibits states from Executive Orders 12866 (58 FR 51735,
As outlined in our proposed
modifying SIP requirements for October 4, 1993) and 13563 (76 FR 3821,
rulemaking, the EPA finds that the
stationary sources except through the January 21, 2011);
addition of new, revised and removed
SIP revision process. By eliminating
rules to ARSD 74:36 will not interfere • Does not impose an information
unspecified procedures that were collection burden under the provisions
with attainment or maintenance of any
referenced in the May 10, 2011 of the Paperwork Reduction Act (44
submittal, the November 6, 2015 of the NAAQS in the State of South
Dakota and will not interfere with any U.S.C. 3501 et seq.);
submittal addresses this issue.
other applicable requirement of the Act • Is certified as not having a
In addition, the CAA (section significant economic impact on a
110(a)(2)(C)) and 40 CFR 51.160 require or the EPA regulations as outlined in
section II of this rulemaking (see substantial number of small entities
states to have legally enforceable under the Regulatory Flexibility Act (5
procedures to prevent construction or proposed rulemaking for detailed
rational); and thus, are approvable U.S.C. 601 et seq.);
modification of a source if it would • Does not contain any unfunded
violate any SIP control strategies or under CAA section 110(l). Therefore, we
mandate or significantly or uniquely
interfere with attainment or are taking final action to approve South
affect small governments, as described
maintenance of the NAAQS. Such Dakota’s revisions as submitted on
in the Unfunded Mandates Reform Act
minor New Source Review (NSR) October 23, 2015. We are not taking
of 1995 (Public Law 104–4);
programs are for pollutants from action on South Dakota’s July 29, 2013 • Does not have federalism
stationary sources that do not require submittal because it was superseded. implications as specified in Executive
prevention of significant deterioration In our final rule published in the Order 13132 (64 FR 43255, August 10,
(PSD) or nonattainment NSR permits. Federal Register on February 16, 2016 1999);
States may customize the requirements (81 FR 7706) we inadvertently used an • Is not an economically significant
of the minor NSR program as long as incorrect approval date in the updates to regulatory action based on health or
their program meets minimum the South Dakota regulatory table. The safety risks subject to Executive Order
requirements. EPA is taking final action to correct this 13045 (62 FR 19885, April 23, 1997);
Section 110(l) of the CAA states: error with this action. The IBR material • Is not a significant regulatory action
‘‘[e]ach revision to an implementation for our February 16, 2016 action is subject to Executive Order 13211 (66 FR
plan submitted by a State under this Act contained within this docket. 28355, May 22, 2001);
shall be adopted by such State after V. Incorporation by Reference • Is not subject to requirements of
reasonable notice and public hearing. section 12(d) of the National
The Administrator shall not approve a In this rule, the EPA is taking final Technology Transfer and Advancement
revision to a plan if the revision would action to include in a final EPA rule Act of 1995 (15 U.S.C. 272 note) because
interfere with any applicable regulatory text that includes application of those requirements would
requirement concerning attainment and incorporation by reference. In be inconsistent with the Clean Air Act;
reasonable further progress (as defined accordance with requirements of 1 CFR and
in section 171), or any other applicable 51.5, the EPA is taking final action to • Does not provide the EPA with the
requirement of this chapter.’’ incorporate by reference the discretionary authority to address, as
The states’ obligation to comply with Administrative Rules of South Dakota appropriate, disproportionate human
each of the NAAQS is considered as pertaining to their permitting rules as health or environmental effects, using
‘‘any applicable requirement(s) outlined in section I. The EPA has practicable and legally permissible
Lhorne on DSK30JT082PROD with RULES
concerning attainment.’’ A made, and will continue to make, these methods, under Executive Order 12898
demonstration is necessary to show that documents generally available (59 FR 7629, February 16, 1994).
this SIP revision will not interfere with electronically through http:// In addition, the SIP is not approved
attainment or maintenance of the www.regulations.gov and/or at the EPA to apply on any Indian reservation land
NAAQS, including those for ozone, Region 8 Office (please contact the or in any other area where EPA or an
particulate matter, carbon monoxide person identified in the ‘‘For Further Indian tribe has demonstrated that a
VerDate Sep<11>2014 13:32 Oct 12, 2016 Jkt 241001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM 13OCR1](https://thefederalregister.org/doc/81_FR_70824/page/2.svg)
![70628 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations
tribe has jurisdiction. In those areas of petition for reconsideration by the Authority: 42 U.S.C. 7401 et seq.
Indian country, the rule does not have Administrator of this final rule does not
tribal implications and will not impose affect the finality of this action for the Subpart QQ—South Dakota
substantial direct costs on tribal purposes of judicial review nor does it
governments or preempt tribal law as extend the time within which a petition ■ 2. In § 52.2170, the table in paragraph
specified by Executive Order 13175 (65 for judicial review may be filed, and (c) is amended by revising entries
FR 67249, November 9, 2000). shall not postpone the effectiveness of ‘‘74:36:01:01’’, ‘‘74:36:01:05’’,
The Congressional Review Act (CRA), such rule or action. This action may not ‘‘74:36:01:10’’, ‘‘74:36:01:20’’;
5 U.S.C. 801 et seq., as added by the be challenged later in proceedings to ‘‘74:36:02:02’’, ‘‘74:36:02:03’’,
Small Business Regulatory Enforcement enforce its requirements. (See CAA ‘‘74:36:02:04’’, ‘‘74:36:02:05’’;
Fairness Act of 1996, generally provides section 307(b)(2)). ‘‘74:36:03:01’’, ‘‘74:36:03:02’’;
that before a rule may take effect, the ‘‘74:36:04:03’’, ‘‘74:36:04:04’’,
agency promulgating the rule must List of Subjects in 40 CFR Part 52
‘‘74:36:04:21’’; ‘‘74:36:09:02’’,
submit a rule report, which includes a Environmental protection, Air ‘‘74:36:09:03’’; ‘‘74:36:10:02’’,
copy of the rule, to each House of the pollution control, Incorporation by ‘‘74:36:10:03.01’’, ‘‘74:36:10:05’’
Congress and to the Comptroller General reference, Intergovernmental relations,
of the United States. The EPA will ‘‘74:36:10:06’’ ‘‘74:36:10:07’’
Nitrogen dioxide, Ozone, Particulate ‘‘74:36:10:08’’; ‘‘74:36:11:01’’;
submit a report containing this action matter, Reporting and recordkeeping
and other required information to the ‘‘74:36:12:01’’, ‘‘74:36:12:03’’;
requirements, Volatile Organic
U.S. Senate, the U.S. House of ‘‘74:36:13:02’’, ‘‘74:36:13:03’’,
Compounds.
Representatives, and the Comptroller ‘‘74:36:13:04’’, ‘‘74:36:13:06’’,
Authority: 42 U.S.C. 7401 et seq. ‘‘74:36:13:07’’, ‘‘74:36:13:08’’;
General of the United States prior to
publication of the rule in the Federal Dated: September 26, 2016. ‘‘74:36:18:10’’; ‘‘74:36:20:02’’,
Register. A major rule cannot take effect Richard D. Buhl, ‘‘74:36:20:05’’; ‘‘74:36:21:02’’,
until 60 days after it is published in the Acting Regional Administrator, Region 8. ‘‘74:36:21:04’’, ‘‘74:36:21:05’’, and
Federal Register. This action is not a 40 CFR part 52 is amended as follows: ‘‘74:36:21:09’’ to read as follows:
‘‘major rule’’ as defined by 5 U.S.C.
804(2). PART 52—APPROVAL AND § 52.2170 Identification of plan.
Under section 307(b)(1) of the CAA, PROMULGATION OF * * * * *
petitions for judicial review of this IMPLEMENTATION PLANS (c) * * *
action must be filed in the United States
Court of Appeals for the appropriate ■ 1. The authority for citation for part 52
circuit by December 12, 2016. Filing a continues to read as follows:
State effective EPA effective
Rule No. Rule title Final rule citation, date Comments
date date
* * * * * * *
74:36:01. Definitions
74:36:01:01 ................ Definitions ......................... 10/13/2015 11/14/2016 [Insert Federal Register Except for
citation], 10/13/2016. 74:36:01:01.(73).
* * * * * * *
74:36:01:05 ................ Applicable requirements of 10/13/2015 11/14/2016 [Insert Federal Register
the Clean Air Act de- citation], 10/13/2016.
fined.
* * * * * * *
74:36:01:10 ................ Modification defined .......... 10/13/2015 11/14/2016 [Insert Federal Register
citation], 10/13/2016.
* * * * * * *
74:36:01:20 ................ Physical change in or 10/13/2015 11/14/2016 [Insert Federal Register
change in the method of citation], 10/13/2016.
operation defined.
* * * * * * *
74:36:02. Ambient Air Quality
* * * * * * *
Lhorne on DSK30JT082PROD with RULES
74:36:02:02 ................ Ambient air quality stand- 10/13/2015 11/14/2016 [Insert Federal Register
ards. citation], 10/13/2016.
74:36:02:03 ................ Methods of sampling and 10/13/2015 11/14/2016 [Insert Federal Register
analysis. citation], 10/13/2016.
74:36:02:04 ................ Ambient air monitoring 10/13/2015 11/14/2016 [Insert Federal Register
network. citation], 10/13/2016.
VerDate Sep<11>2014 13:32 Oct 12, 2016 Jkt 241001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM 13OCR1](https://thefederalregister.org/doc/81_FR_70824/page/3.svg)
![Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations 70629
State effective EPA effective
Rule No. Rule title Final rule citation, date Comments
date date
74:36:02:05 ................ Air quality monitoring re- 10/13/2015 11/14/2016 [Insert Federal Register
quirements. citation], 10/13/2016.
74:36:03. Air Quality Episodes
74:36:03:01 ................ Air pollution emergency ........................ 11/14/2016 [Insert Federal Register
episode. citation], 10/13/2016.
74:36:03:02 ................ Episode emergency con- ........................ 11/14/2016 [Insert Federal Register
tingency plan. citation], 10/13/2016.
74:36:04. Operating Permits for Minor Sources
* * * * * * *
74:36:04:03 ................ Emission unit exemptions 10/13/2015 11/14/2016 [Insert Federal Register
citation], 10/13/2016.
74:36:04:04 ................ Standard for issuance of a 10/13/2015 11/14/2016 [Insert Federal Register
minor source operating citation], 10/13/2016.
permit.
* * * * * * *
74:36:04:21 ................ Permit modifications ......... 10/13/2015 11/14/2016 [Insert Federal Register
citation], 10/13/2016.
* * * * * * *
74:36:09. Prevention of Significant Deterioration
* * * * * * *
74:36:09:02 ................ Prevention of significant ........................ 11/14/2016 [Insert Federal Register Except for
deterioration. citation], 10/13/2016. 74:36:09:02.(10).
74:36:09:03 ................ Public participation ............ ........................ 11/14/2016 [Insert Federal Register
citation], 10/13/2016.
74:36:10. New Source Review
* * * * * * *
74:36:10:02 ................ Definitions ......................... ........................ 11/14/2016 [Insert Federal Register
citation], 10/13/2016.
74:36:10:03.01 ........... New source review ........................ 11/14/2016 [Insert Federal Register
preconstruction permit citation], 10/13/2016.
required.
74:36:10:05 ................ New source review ........................ 11/14/2016 [Insert Federal Register
preconstruction permit. citation], 10/13/2016.
74:36:10:06 ................ Causing or contributing to ........................ 11/14/2016 [Insert Federal Register
a violation of any na- citation], 10/13/2016.
tional ambient air quality
standard.
74:36:10:07 ................ Determining credit for ........................ 11/14/2016 [Insert Federal Register
emission offsets. citation], 10/13/2016.
74:36:10:08 ................ Projected actual emissions ........................ 11/14/2016 [Insert Federal Register
citation], 10/13/2016.
* * * * * * *
74:36:11. Performance Testing
74:36:11:01 ................ Stack performance testing 10/13/2015 11/14/2016 [Insert Federal Register
or other testing methods. citation], 10/13/2016.
* * * * * * *
74:36:12. Control of Visible Emissions
Lhorne on DSK30JT082PROD with RULES
* * * * * * *
74:36:12:01 ................ Restrictions on visible 10/13/2015 11/14/2016 [Insert Federal Register
emissions. citation], 10/13/2016.
VerDate Sep<11>2014 13:32 Oct 12, 2016 Jkt 241001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM 13OCR1](https://thefederalregister.org/doc/81_FR_70824/page/4.svg)
![70630 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations
State effective EPA effective
Rule No. Rule title Final rule citation, date Comments
date date
* * * * * * *
74:36:12:03 ................ Exceptions granted to al- 10/13/2015 11/14/2016 [Insert Federal Register
falfa pelletizers or citation], 10/13/2016.
dehydrators.
74:36:13. Continuous Emission Monitoring Systems
* * * * * * *
74:36:13:02 ................ Minimum performance 10/13/2015 11/14/2016 [Insert Federal Register
specifications for all con- citation], 10/13/2016.
tinuous emission moni-
toring systems.
74:36:13:03 ................ Reporting requirements .... 10/13/2015 11/14/2016 [Insert Federal Register
citation], 10/13/2016.
74:36:13:04 ................ Notice to department of 10/13/2015 11/14/2016 [Insert Federal Register
exceedance. citation], 10/13/2016.
* * * * * * *
74:36:13:06 ................ Compliance certification .... 10/13/2015 11/14/2016 [Insert Federal Register
citation], 10/13/2016.
74:36:13:07 ................ Credible evidence ............. 10/13/2015 11/14/2016 [Insert Federal Register
citation], 10/13/2016.
74:36:13:08 ................ Compliance assurance 10/13/2015 11/14/2016 [Insert Federal Register
monitoring. citation], 10/13/2016.
* * * * * * *
74:36:18. Regulations for State Facilities in the Rapid City Area
* * * * * * *
74:36:18:10 ................ Visible emission limit for 10/13/2015 11/14/2016 [Insert Federal Register
construction and contin- citation], 10/13/2016.
uous operation activities.
* * * * * * *
74:36:20. Construction Permits for New Sources or Modifications
* * * * * * *
74:36:20:02 ................ Construction permit re- 10/13/2015 11/14/2016 [Insert Federal Register
quired. citation], 10/13/2016.
* * * * * * *
74:36:20:05 ................ Standard for issuance of 10/13/2015 11/14/2016 [Insert Federal Register
construction permit. citation], 10/13/2016.
* * * * * * *
74:36:21. Regional Haze Program
* * * * * * *
74:36:21:02 ................ Definitions ......................... 10/13/2015 11/14/2016 [Insert Federal Register
citation], 10/13/2016.
* * * * * * *
74:36:21:04 ................ Visibility impact analysis ... 10/13/2015 11/14/2016 [Insert Federal Register
citation], 10/13/2016.
74:36:21:05 ................ BART determination ......... 10/13/2015 11/14/2016 [Insert Federal Register
citation], 10/13/2016.
Lhorne on DSK30JT082PROD with RULES
* * * * * * *
74:36:21:09 ................ Monitoring, recordkeeping, 10/13/2015 11/14/2016 [Insert Federal Register
and reporting. citation], 10/13/2016.
* * * * * * *
VerDate Sep<11>2014 13:32 Oct 12, 2016 Jkt 241001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM 13OCR1](https://thefederalregister.org/doc/81_FR_70824/page/5.svg)
![Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations 70631
* * * * * copyrighted material, is not placed on II. Public Comments
[FR Doc. 2016–24648 Filed 10–12–16; 8:45 am] the Internet and will be publicly EPA did not receive any comments in
BILLING CODE 6560–50–P available only in hard copy form. response to the NPR.
Publicly available docket materials are III. Final Action
available at http://www.regulations.gov EPA is approving the SIP revisions
ENVIRONMENTAL PROTECTION or at the U.S. Environmental Protection submitted by the states on the following
AGENCY Agency, EPA New England Regional dates as meeting the interstate transport
Office, Office of Ecosystem Protection, requirements of CAA section
40 CFR Part 52 Air Quality Planning Unit, 5 Post Office 110(a)(2)(D)(i)(I) for the 2008 ozone
[EPA–R01–OAR–2008–0486; EPA–R01– Square—Suite 100, Boston, MA. EPA NAAQS: October 26, 2015 (Maine);
OAR–2008–0223; EPA–R01–OAR–2008– requests that if at all possible, you November 7, 2015 (New Hampshire);
0447; EPA–R01–OAR–2009–0358; FRL– contact the contact listed in the FOR
9953–85–Region 1]
June 23, 2015 (Rhode Island); and
FURTHER INFORMATION CONTACT section to November 2, 2015 (Vermont). EPA has
schedule your inspection. The Regional reviewed these SIP revisions and has
Approval and Promulgation of Air Office’s official hours of business are
Quality Implementation Plans; Maine, found that they satisfy the relevant CAA
Monday through Friday, 8:30 a.m. to requirements.
New Hampshire, Rhode Island, and 4:30 p.m., excluding legal holidays.
Vermont; Interstate Transport of Air IV. Statutory and Executive Order
Pollution FOR FURTHER INFORMATION CONTACT:
Richard P. Burkhart, Air Quality Reviews
AGENCY: Environmental Protection Planning Unit, Air Programs Branch Under the Clean Air Act, the
Agency. (Mail Code OEP05–02), U.S. Administrator is required to approve a
ACTION: Final rule. Environmental Protection Agency, SIP submission that complies with the
Region 1, 5 Post Office Square, Suite provisions of the Act and applicable
SUMMARY: EPA is approving State 100, Boston, Massachusetts, 02109– Federal regulations. 42 U.S.C. 7410(k);
Implementation Plan (SIP) revisions 3912; (617) 918–1664; 40 CFR 52.02(a). Thus, in reviewing SIP
submitted by the Maine Department of burkhart.richard@epa.gov. submissions, EPA’s role is to approve
Environmental Protection (ME DEP), the state choices, provided that they meet
SUPPLEMENTARY INFORMATION:
New Hampshire Department of the criteria of the Clean Air Act.
Throughout this document whenever
Environmental Services (NH DES), the Accordingly, this action merely
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Rhode Island Department of approves state law as meeting Federal
EPA.
Environmental Management (RI DEM) requirements and does not impose
Organization of this document. The
and the Vermont Department of additional requirements beyond those
following outline is provided to aid in
Environmental Conservation (VT DEC). imposed by state law. For that reason,
locating information in this preamble.
These SIP revisions address provisions this action:
of the Clean Air Act that require each I. Background
II. Public Comments • Is not a significant regulatory action
state to submit a SIP to address subject to review by the Office of
III. Final Action
emissions that may adversely affect Management and Budget under
IV. Statutory and Executive Order Reviews
another state’s air quality through Executive Orders 12866 (58 FR 51735,
interstate transport. The EPA has I. Background October 4, 1993) and 13563 (76 FR 3821,
concluded that all four States have January 21, 2011);
adequate provisions to prohibit in-state This rulemaking approves SIP
• Does not impose an information
emissions activities from significantly submissions from the ME DEP, the NH
collection burden under the provisions
contributing to the nonattainment, or DES, the RI DEM, and the VT DEC. The
of the Paperwork Reduction Act (44
interfering with the maintenance, of the SIP revisions were submitted on the
U.S.C. 3501 et seq.);
2008 ozone National Ambient Air following dates: October 26, 2015
• Is certified as not having a
Quality Standards (NAAQS) in any (Maine); November 17, 2015 (New
significant economic impact on a
other state. The intended effect of this Hampshire); June 23, 2015 (Rhode
substantial number of small entities
action is to approve the SIP revisions Island) and November 2, 2015
under the Regulatory Flexibility Act (5
submitted by Maine, New Hampshire, (Vermont). These SIP submissions
U.S.C. 601 et seq.);
Rhode Island, and Vermont. This action address the requirements of Clean Air
• Does not contain any unfunded
is being taken under the Clean Air Act. Act (CAA) section 110(a)(2)(D)(i)(I) for
mandate or significantly or uniquely
DATES: This rule is effective on the 2008 ozone NAAQS.1
affect small governments, as described
November 14, 2016. On August 23, 2016 (81 FR 57519),
in the Unfunded Mandates Reform Act
EPA published a notice of proposed
ADDRESSES: EPA has established of 1995 (Pub. L. 104–4);
rulemaking (NPR) proposing approval of
separate dockets for this action under • Does not have Federalism
these four SIP submissions. The specific
Docket Identification No.’s EPA–R01– implications as specified in Executive
details of each state’s SIP submission
OAR–2008–0486 for Maine, EPA–R01– Order 13132 (64 FR 43255, August 10,
and the rationale for EPA’s approval of
OAR–2008–0223 for New Hampshire, 1999);
each SIP submission are discussed in
EPA–R01–OAR–2008–0447 for Rhode • Is not an economically significant
the NPR and will not be restated here.
Island, and EPA–R01–OAR–2009–0358 regulatory action based on health or
for Vermont. All documents in the 1 We note that while the SIP revisions submitted
safety risks subject to Executive Order
docket are listed on the http:// 13045 (62 FR 19885, April 23, 1997);
Lhorne on DSK30JT082PROD with RULES
by Maine, New Hampshire, and Rhode Island
www.regulations.gov Web site, although address only the transport elements of CAA section • Is not a significant regulatory action
some information, such as confidential 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS, subject to Executive Order 13211 (66 FR
business information or other Vermont’s submittal addresses all of the 28355, May 22, 2001);
infrastructure elements of CAA section 110(a)(2) for
information whose disclosure is the 2008 ozone NAAQS. Today’s action, however,
• Is not subject to requirements of
restricted by statute is not publically only addresses the transport elements of Vermont’s section 12(d) of the National
available. Certain other material, such as submittal. Technology Transfer and Advancement
VerDate Sep<11>2014 13:32 Oct 12, 2016 Jkt 241001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM 13OCR1](https://thefederalregister.org/doc/81_FR_70824/page/6.svg)
Document Created: 2016-10-13 00:53:33
Document Modified: 2016-10-13 00:53:33
| 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 November 14, 2016. | |
| Contact | Kevin Leone, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, [email protected] | |
| FR Citation | 81 FR 70626 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR