81_FR_70829 81 FR 70631 - Approval and Promulgation of Air Quality Implementation Plans; Maine, New Hampshire, Rhode Island, and Vermont; Interstate Transport of Air Pollution

81 FR 70631 - Approval and Promulgation of Air Quality Implementation Plans; Maine, New Hampshire, Rhode Island, and Vermont; Interstate Transport of Air Pollution

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 198 (October 13, 2016)

Page Range70631-70634
FR Document2016-24491

EPA is approving State Implementation Plan (SIP) revisions submitted by the Maine Department of Environmental Protection (ME DEP), the New Hampshire Department of Environmental Services (NH DES), the Rhode Island Department of Environmental Management (RI DEM) and the Vermont Department of Environmental Conservation (VT DEC). These SIP revisions address provisions of the Clean Air Act that require each state to submit a SIP to address emissions that may adversely affect another state's air quality through interstate transport. The EPA has concluded that all four States have adequate provisions to prohibit in- state emissions activities from significantly contributing to the nonattainment, or interfering with the maintenance, of the 2008 ozone National Ambient Air Quality Standards (NAAQS) in any other state. The intended effect of this action is to approve the SIP revisions submitted by Maine, New Hampshire, Rhode Island, and Vermont. This action is being taken under the Clean Air Act.

Federal Register, Volume 81 Issue 198 (Thursday, October 13, 2016)
[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Rules and Regulations]
[Pages 70631-70634]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24491]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2008-0486; EPA-R01-OAR-2008-0223; EPA-R01-OAR-2008-0447; 
EPA-R01-OAR-2009-0358; FRL-9953-85-Region 1]


Approval and Promulgation of Air Quality Implementation Plans; 
Maine, New Hampshire, Rhode Island, and Vermont; Interstate Transport 
of Air Pollution

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the Maine Department of Environmental Protection (ME DEP), 
the New Hampshire Department of Environmental Services (NH DES), the 
Rhode Island Department of Environmental Management (RI DEM) and the 
Vermont Department of Environmental Conservation (VT DEC). These SIP 
revisions address provisions of the Clean Air Act that require each 
state to submit a SIP to address emissions that may adversely affect 
another state's air quality through interstate transport. The EPA has 
concluded that all four States have adequate provisions to prohibit in-
state emissions activities from significantly contributing to the 
nonattainment, or interfering with the maintenance, of the 2008 ozone 
National Ambient Air Quality Standards (NAAQS) in any other state. The 
intended effect of this action is to approve the SIP revisions 
submitted by Maine, New Hampshire, Rhode Island, and Vermont. This 
action is being taken under the Clean Air Act.

DATES: This rule is effective on November 14, 2016.

ADDRESSES: EPA has established separate dockets for this action under 
Docket Identification No.'s EPA-R01-OAR-2008-0486 for Maine, EPA-R01-
OAR-2008-0223 for New Hampshire, EPA-R01-OAR-2008-0447 for Rhode 
Island, and EPA-R01-OAR-2009-0358 for Vermont. All documents in the 
docket are listed on the http://www.regulations.gov Web site, although 
some information, such as confidential business information or other 
information whose disclosure is restricted by statute is not publically 
available. 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 at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA 
requests that if at all possible, you contact the contact listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality 
Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 
100, Boston, Massachusetts, 02109-3912; (617) 918-1664; 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    This rulemaking approves SIP submissions from the ME DEP, the NH 
DES, the RI DEM, and the VT DEC. The SIP revisions were submitted on 
the following dates: October 26, 2015 (Maine); November 17, 2015 (New 
Hampshire); June 23, 2015 (Rhode Island) and November 2, 2015 
(Vermont). These SIP submissions address the requirements of Clean Air 
Act (CAA) section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS.\1\
---------------------------------------------------------------------------

    \1\ We note that while the SIP revisions submitted by Maine, New 
Hampshire, and Rhode Island address only the transport elements of 
CAA section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS, Vermont's 
submittal addresses all of the infrastructure elements of CAA 
section 110(a)(2) for the 2008 ozone NAAQS. Today's action, however, 
only addresses the transport elements of Vermont's submittal.
---------------------------------------------------------------------------

    On August 23, 2016 (81 FR 57519), EPA published a notice of 
proposed rulemaking (NPR) proposing approval of these four SIP 
submissions. The specific details of each state's SIP submission and 
the rationale for EPA's approval of each SIP submission are discussed 
in the NPR and will not be restated here.

II. Public Comments

    EPA did not receive any comments in response to the NPR.
    III. Final Action
    EPA is approving the SIP revisions submitted by the states on the 
following dates as meeting the interstate transport requirements of CAA 
section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS: October 26, 2015 
(Maine); November 7, 2015 (New Hampshire); June 23, 2015 (Rhode 
Island); and November 2, 2015 (Vermont). EPA has reviewed these SIP 
revisions and has found that they satisfy the relevant CAA 
requirements.

IV. 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, 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 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement

[[Page 70632]]

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 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 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, 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 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 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 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 section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: September 27, 2016.
Michael Kenyon,
Acting Regional Administrator, EPA New England.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart U--Maine

0
2. In Sec.  52.1020, the table in paragraph (e) is amended by adding 
the entry ``Transport SIP for the 2008 Ozone Standard'' to the end of 
the table to read as follows:


Sec.  52.1020   Identification of plan.

* * * * *
    (e) * * *

                                              Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                      Applicable        State submittal
   Name of  nonregulatory SIP        geographic or      date/effective    EPA approved  date     Explanations
            provision             nonattainment area         date                \ 3\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Transport SIP for the 2008 Ozone  Statewide.........  Submitted 10/26/    10/13/2016,         State submitted a
 Standard.                                             2015.               [Insert Federal     transport SIP for
                                                                           Register            the 2008 ozone
                                                                           citation].          standard which
                                                                                               shows it does not
                                                                                               significantly
                                                                                               contribute to
                                                                                               ozone
                                                                                               nonattainment or
                                                                                               maintenance in
                                                                                               any other state.
                                                                                               EPA approved this
                                                                                               submittal as
                                                                                               meeting the
                                                                                               requirements of
                                                                                               Clean Air Act
                                                                                               Section
                                                                                               110(a)(2)(D)(i)(I
                                                                                               ).
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

Subpart EE--New Hampshire

0
3. In Sec.  52.1520, the table in paragraph (e) is amended by adding 
the entry ``Transport SIP for the 2008 Ozone Standard'' to the end of 
the table to read as follows:


Sec.  52.1520   Identification of plan.

* * * * *
    (e) * * *

[[Page 70633]]



                                          New Hampshire Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                      Applicable        State submittal
   Name of  nonregulatory SIP        geographic or      date/effective    EPA approved  date     Explanations
            provision             nonattainment area         date                \ 3\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Transport SIP for the 2008 Ozone  Statewide.........  Submitted 11/7/     10/13/16, [Insert   State submitted a
 Standard.                                             2015.               Federal Register    transport SIP for
                                                                           citation].          the 2008 ozone
                                                                                               standard which
                                                                                               shows it does not
                                                                                               significantly
                                                                                               contribute to
                                                                                               ozone
                                                                                               nonattainment or
                                                                                               maintenance in
                                                                                               any other state.
                                                                                               EPA approved this
                                                                                               submittal as
                                                                                               meeting the
                                                                                               requirements of
                                                                                               Clean Air Act
                                                                                               Section
                                                                                               110(a)(2)(D)(i)(I
                                                                                               ).
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

Subpart OO--Rhode Island

0
4. In Sec.  52.2070, the table in paragraph (e) is amended by adding 
the entry ``Transport SIP for the 2008 Ozone Standard'' to the end of 
the table to read as follows:


Sec.  52.2070   Identification of plan.

* * * * *
    (e) * * *

                                           Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                      Applicable        State submittal
   Name of  nonregulatory SIP        geographic or      date/effective    EPA approved  date     Explanations
            provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Transport SIP for the 2008 Ozone  Statewide.........  Submitted 6/23/     10/13/2016 ,        State submitted a
 Standard.                                             2015.               [Insert Federal     transport SIP for
                                                                           Register            the 2008 ozone
                                                                           citation].          standard which
                                                                                               shows it does not
                                                                                               significantly
                                                                                               contribute to
                                                                                               ozone
                                                                                               nonattainment or
                                                                                               maintenance in
                                                                                               any other state.
                                                                                               EPA approved this
                                                                                               submittal as
                                                                                               meeting the
                                                                                               requirements of
                                                                                               Clean Air Act
                                                                                               Section
                                                                                               110(a)(2)(D)(i)(I
                                                                                               ).
----------------------------------------------------------------------------------------------------------------

Subpart UU--Vermont

0
5. In Sec.  52.2370, the table in paragraph (e) is amended by adding 
the entry ``Transport SIP for the 2008 Ozone Standard'' to the end of 
the table to read as follows:


Sec.  52.2370   Identification of plan.

* * * * *
    (e) * * *

[[Page 70634]]



                                             Vermont Non-Regulatory
----------------------------------------------------------------------------------------------------------------
                                      Applicable        State submittal
   Name of  nonregulatory SIP        geographic or      date/effective    EPA approved  date     Explanations
            provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Transport SIP for the 2008 Ozone  Statewide.........  Submitted 11/2/     10/13/2016 ,        State submitted a
 Standard.                                             2015.               [Insert Federal     transport SIP for
                                                                           Register            the 2008 ozone
                                                                           citation].          standard which
                                                                                               shows it does not
                                                                                               significantly
                                                                                               contribute to
                                                                                               ozone
                                                                                               nonattainment or
                                                                                               maintenance in
                                                                                               any other state.
                                                                                               EPA approved this
                                                                                               submittal as
                                                                                               meeting the
                                                                                               requirements of
                                                                                               Clean Air Act
                                                                                               Section
                                                                                               110(a)(2)(D)(i)(I
                                                                                               ).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-24491 Filed 10-12-16; 8:45 am]
BILLING CODE 6560-50-P



                                                            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


                                           70632            Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations

                                           Act of 1995 (15 U.S.C. 272 note) because                   report containing this action and other                 Lead, Nitrogen dioxide, Ozone,
                                           application of those requirements would                    required information to the U.S. Senate,                Particulate matter, Reporting and
                                           be inconsistent with the Clean Air Act;                    the U.S. House of Representatives, and                  recordkeeping requirements, Sulfur
                                           and                                                        the Comptroller General of the United                   oxides, Volatile organic compounds.
                                              • Does not provide EPA with the                         States prior to publication of the rule in                Dated: September 27, 2016.
                                           discretionary authority to address, as                     the Federal Register. A major rule
                                                                                                                                                              Michael Kenyon,
                                           appropriate, disproportionate human                        cannot take effect until 60 days after it
                                           health or environmental effects, using                                                                             Acting Regional Administrator, EPA New
                                                                                                      is published in the Federal Register.
                                                                                                                                                              England.
                                           practicable and legally permissible                        This action is not a ‘‘major rule’’ as
                                           methods, under Executive Order 12898                       defined by 5 U.S.C. 804(2).                               Part 52 of chapter I, title 40 of the
                                           (59 FR 7629, February 16, 1994).                              Under section 307(b)(1) of the Clean                 Code of Federal Regulations is amended
                                              In addition, the SIP is not approved                    Air Act, petitions for judicial review of               as follows:
                                           to apply on any Indian reservation land                    this action must be filed in the United
                                           or in any other area where EPA or an                       States Court of Appeals for the                         PART 52—APPROVAL AND
                                           Indian tribe has demonstrated that a                       appropriate circuit by December 12,                     PROMULGATION OF
                                           tribe has jurisdiction. In those areas of                  2016. Filing a petition for                             IMPLEMENTATION PLANS
                                           Indian country, the rule does not have                     reconsideration by the Administrator of
                                           tribal implications and will not impose                    this final rule does not affect the finality            ■ 1. The authority citation for part 52
                                           substantial direct costs on tribal                         of this action for the purposes of judicial             continues to read as follows:
                                           governments or preempt tribal law as                       review nor does it extend the time                          Authority: 42 U.S.C. 7401 et seq.
                                           specified by Executive Order 13175 (65                     within which a petition for judicial
                                           FR 67249, November 9, 2000).                               review may be filed, and shall not                      Subpart U—Maine
                                              The Congressional Review Act, 5                         postpone the effectiveness of such rule
                                           U.S.C. 801 et seq., as added by the Small                  or action. This action may not be                       ■  2. In § 52.1020, the table in paragraph
                                           Business Regulatory Enforcement                            challenged later in proceedings to                      (e) is amended by adding the entry
                                           Fairness Act of 1996, generally provides                   enforce its requirements. (See section                  ‘‘Transport SIP for the 2008 Ozone
                                           that before a rule may take effect, the                    307(b)(2)).                                             Standard’’ to the end of the table to read
                                           agency promulgating the rule must                                                                                  as follows:
                                           submit a rule report, which includes a                     List of Subjects in 40 CFR Part 52
                                           copy of the rule, to each House of the                       Environmental protection, Air                         § 52.1020    Identification of plan.
                                           Congress and to the Comptroller General                    pollution control, Incorporation by                     *       *    *       *    *
                                           of the United States. EPA will submit a                    reference, Intergovernmental relations,                     (e) * * *

                                                                                                                    MAINE NON REGULATORY
                                                    Name of                           Applicable                           State submittal                EPA approved
                                                nonregulatory SIP                   geographic or                           date/effective                                                  Explanations
                                                                                                                                                            date 3
                                                    provision                     nonattainment area                            date


                                                    *                        *                         *                         *                      *                      *                    *
                                           Transport SIP for the 2008        Statewide ..........................    Submitted 10/26/2015 .......   10/13/2016, [Insert Fed-       State submitted a trans-
                                             Ozone Standard.                                                                                          eral Register citation].       port SIP for the 2008
                                                                                                                                                                                     ozone standard which
                                                                                                                                                                                     shows it does not signifi-
                                                                                                                                                                                     cantly contribute to
                                                                                                                                                                                     ozone nonattainment or
                                                                                                                                                                                     maintenance in any
                                                                                                                                                                                     other state. EPA ap-
                                                                                                                                                                                     proved this submittal as
                                                                                                                                                                                     meeting the require-
                                                                                                                                                                                     ments of Clean Air Act
                                                                                                                                                                                     Section
                                                                                                                                                                                     110(a)(2)(D)(i)(I).
                                             3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
                                           umn for the particular provision.


                                           Subpart EE—New Hampshire                                   ‘‘Transport SIP for the 2008 Ozone                      § 52.1520    Identification of plan.
                                                                                                      Standard’’ to the end of the table to read              *       *    *       *    *
                                           ■ 3. In § 52.1520, the table in paragraph                  as follows:                                                 (e) * * *
                                           (e) is amended by adding the entry
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                                                            Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations                                                  70633

                                                                                                        NEW HAMPSHIRE NON REGULATORY
                                                    Name of                           Applicable                          State submittal                 EPA approved
                                                nonregulatory SIP                   geographic or                          date/effective                                                   Explanations
                                                                                                                                                            date 3
                                                    provision                     nonattainment area                           date


                                                    *                        *                         *                        *                       *                     *                     *
                                           Transport SIP for the 2008        Statewide ..........................   Submitted 11/7/2015 .........   10/13/16, [Insert Federal      State submitted a trans-
                                             Ozone Standard.                                                                                          Register citation].            port SIP for the 2008
                                                                                                                                                                                     ozone standard which
                                                                                                                                                                                     shows it does not signifi-
                                                                                                                                                                                     cantly contribute to
                                                                                                                                                                                     ozone nonattainment or
                                                                                                                                                                                     maintenance in any
                                                                                                                                                                                     other state. EPA ap-
                                                                                                                                                                                     proved this submittal as
                                                                                                                                                                                     meeting the require-
                                                                                                                                                                                     ments of Clean Air Act
                                                                                                                                                                                     Section
                                                                                                                                                                                     110(a)(2)(D)(i)(I).
                                             3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
                                           umn for the particular provision.


                                           Subpart OO—Rhode Island                                    ‘‘Transport SIP for the 2008 Ozone                      § 52.2070    Identification of plan.
                                                                                                      Standard’’ to the end of the table to read              *       *     *      *    *
                                           ■ 4. In § 52.2070, the table in paragraph                  as follows:
                                           (e) is amended by adding the entry                                                                                     (e) * * *

                                                                                                          RHODE ISLAND NON REGULATORY
                                                    Name of                           Applicable                          State submittal                 EPA approved
                                                nonregulatory SIP                   geographic or                          date/effective                                                   Explanations
                                                                                                                                                              date
                                                    provision                     nonattainment area                           date


                                                    *                        *                         *                        *                       *                      *                    *
                                           Transport SIP for the 2008        Statewide ..........................   Submitted 6/23/2015 .........   10/13/2016 , [Insert Fed-      State submitted a trans-
                                             Ozone Standard.                                                                                          eral Register citation].       port SIP for the 2008
                                                                                                                                                                                     ozone standard which
                                                                                                                                                                                     shows it does not signifi-
                                                                                                                                                                                     cantly contribute to
                                                                                                                                                                                     ozone nonattainment or
                                                                                                                                                                                     maintenance in any
                                                                                                                                                                                     other state. EPA ap-
                                                                                                                                                                                     proved this submittal as
                                                                                                                                                                                     meeting the require-
                                                                                                                                                                                     ments of Clean Air Act
                                                                                                                                                                                     Section
                                                                                                                                                                                     110(a)(2)(D)(i)(I).



                                           Subpart UU—Vermont                                         ‘‘Transport SIP for the 2008 Ozone                      § 52.2370    Identification of plan.
                                                                                                      Standard’’ to the end of the table to read              *       *    *       *    *
                                           ■ 5. In § 52.2370, the table in paragraph                  as follows:                                                 (e) * * *
                                           (e) is amended by adding the entry
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                                      VerDate Sep<11>2014   16:45 Oct 12, 2016   Jkt 241001   PO 00000      Frm 00039    Fmt 4700   Sfmt 4700   E:\FR\FM\13OCR1.SGM   13OCR1


                                           70634            Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations

                                                                                                              VERMONT NON-REGULATORY
                                                    Name of                           Applicable                          State submittal                 EPA approved
                                                nonregulatory SIP                   geographic or                          date/effective                                                 Explanations
                                                                                                                                                              date
                                                    provision                     nonattainment area                           date


                                                    *                        *                         *                        *                       *                      *                    *
                                           Transport SIP for the 2008        Statewide ..........................   Submitted 11/2/2015 .........   10/13/2016 , [Insert Fed-      State submitted a trans-
                                             Ozone Standard.                                                                                          eral Register citation].       port SIP for the 2008
                                                                                                                                                                                     ozone standard which
                                                                                                                                                                                     shows it does not signifi-
                                                                                                                                                                                     cantly contribute to
                                                                                                                                                                                     ozone nonattainment or
                                                                                                                                                                                     maintenance in any
                                                                                                                                                                                     other state. EPA ap-
                                                                                                                                                                                     proved this submittal as
                                                                                                                                                                                     meeting the require-
                                                                                                                                                                                     ments of Clean Air Act
                                                                                                                                                                                     Section
                                                                                                                                                                                     110(a)(2)(D)(i)(I).



                                           [FR Doc. 2016–24491 Filed 10–12–16; 8:45 am]               ADDRESSES:    Petitions for reconsideration               N. National Technology Transfer and
                                           BILLING CODE 6560–50–P                                     this final rule must be submitted in                        Advancement Act (Technical Standards)
                                                                                                      accordance with 49 CFR 389.35 to:                         O. Environment (NEPA, CAA, E.O.12898
                                                                                                                                                                  Environmental Justice)
                                                                                                      FMCSA Administrator, Federal Motor
                                           DEPARTMENT OF TRANSPORTATION                               Carrier Safety Administration, 1200                     I. Rulemaking Documents
                                                                                                      New Jersey Avenue SE., Washington,
                                           Federal Motor Carrier Safety                               DC 20590– 0001 no later than November                   A. Availability of Rulemaking
                                           Administration                                             14, 2016.                                               Documents
                                                                                                      FOR FURTHER INFORMATION CONTACT: Mr.                      For access to docket FMCSA–2016–
                                           49 CFR Parts 383 and 384                                   Selden Fritschner, CDL Division,                        0051 to read background documents and
                                           [Docket No. FMCSA–2016–0051]                               Federal Motor Carrier Safety                            comments received, go to http://
                                                                                                      Administration, 1200 New Jersey                         www.regulations.gov at any time, or to
                                           RIN 2126–AB68
                                                                                                      Avenue SE., Washington, DC 20590–                       Docket Services at U.S. Department of
                                           Commercial Driver’s License                                0001, by email at selden.fritschner@                    Transportation, Room W12–140, 1200
                                           Requirements of the Moving Ahead for                       dot.gov, or by telephone at 202–366–                    New Jersey Avenue SE., Washington,
                                           Progress in the 21st Century Act                           0677. If you have questions on viewing                  DC 20590, between 9 a.m. and 5 p.m.,
                                           (MAP–21) and the Military Commercial                       or submitting material to the docket,                   Monday through Friday, except Federal
                                           Driver’s License Act of 2012                               contact Docket Services, telephone (202)                holidays.
                                                                                                      366–9826.                                               B. Privacy Act
                                           AGENCY:  Federal Motor Carrier Safety
                                           Administration (FMCSA), DOT.                               SUPPLEMENTARY INFORMATION: This Final                     In accordance with 5 U.S.C. 553(c),
                                                                                                      Rule is organized as follows:                           DOT solicits comments from the public
                                           ACTION: Final rule.
                                                                                                      I. Rulemaking Documents                                 to better inform its rulemaking process.
                                           SUMMARY:    FMCSA amends its                                  A. Availability of Rulemaking Documents              DOT posts these comments, without
                                           commercial driver’s license (CDL)                             B. Privacy Act                                       edit, including any personal information
                                           regulations to ease the transition of                      II. Executive Summary                                   the commenter provides, to
                                           military personnel into civilian careers                   III. Legal Basis
                                                                                                      IV. Background                                          www.regulations.gov, as described in
                                           driving commercial motor vehicles                                                                                  the system of records notice (DOT/ALL–
                                                                                                      V. Proposed Rule
                                           (CMVs) by simplifying the process of                       VI. Discussion of Comments and Responses                14 FDMS), which can be reviewed at
                                           obtaining a commercial learner’s permit                    VII. Changes from the NPRM                              www.dot.gov/privacy.
                                           (CLP) or CDL. This final rule extends                      VIII. Today’s Final Rule
                                           the period of time for applying for a                      IX. International Impacts                               II. Executive Summary
                                           skills test waiver from 90 days to 1 year                  X. Section-by-Section                                      Section 32308 of the Moving Ahead
                                           after leaving a military position                          XI. Regulatory Analyses                                 for Progress in the 21st Century Act
                                           requiring the operation of a CMV. This                        A. E.O. 12866 (Regulatory Planning and               (MAP–21) [Pub. L. 112–141, 126 Stat.
                                           final rule also allows a State to accept                         Review, E.O. 13563, DOT Regulatory
                                                                                                            Policies and Procedures
                                                                                                                                                              405, 794, July 6, 2012] required FMCSA
                                           applications from active duty military                        B. Regulatory Flexibility Act                        to undertake a study to assess Federal
                                           personnel who are stationed in that                           C. Assistance for Small Entities                     and State regulatory, economic, and
                                           State as well as administer the written                       D. Unfunded Mandates Reform Act of 1995              administrative challenges faced by
                                           and skills tests for a CLP or CDL. States                     E. Paperwork Reduction Act                           current and former members of the
                                           that choose to accept such applications                       F. E.O. 13132 (Federalism)                           armed forces, who operated qualifying
                                           are required to transmit the test results                     G. E.O. 12988 (Civil Justice Reform)                 motor vehicles during their service, in
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                                           electronically to the State of domicile of                    H. E.O. 13045 (Protection of Children)               obtaining CDLs. As a result of this
                                           the military personnel. The State of                          I. E.O. 12630 (Taking of Private Property)
                                                                                                         J. Privacy
                                                                                                                                                              study, FMCSA provided a report to
                                           domicile may issue the CLP or CDL on                          K. E.O. 12372 (Intergovermental Review)              Congress titled ‘‘Program to Assist
                                           the basis of those results.                                   L. E.O. 13211 (Energy Supply, Distribution,          Veterans to Acquire Commercial
                                           DATES: This final rule is effective                              or Use)                                           Driver’s Licenses’’ (November 2013)
                                           December 12, 2016.                                            M. E.O. 13175 (Indian Tribal Governments)            (available in the docket for this


                                      VerDate Sep<11>2014   16:45 Oct 12, 2016   Jkt 241001   PO 00000      Frm 00040    Fmt 4700   Sfmt 4700   E:\FR\FM\13OCR1.SGM   13OCR1



Document Created: 2016-10-13 00:53:42
Document Modified: 2016-10-13 00:53:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on November 14, 2016.
ContactRichard P. Burkhart, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts, 02109-3912; (617) 918-1664; [email protected]
FR Citation81 FR 70631 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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