81 FR 7706 - Approval and Promulgation of Air Quality Implementation Plans; 2008 Ozone NAAQS Interstate Transport for Colorado, Montana, North Dakota and South Dakota
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 30 (February 16, 2016)
Federal Register Volume 81, Issue 30 (February 16, 2016)
| Page Range | 7706-7708 | |
| FR Document | 2016-02959 |
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)] [Rules and Regulations] [Pages 7706-7708] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02959] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2015-0670; FRL-9942-31-Region 8] Approval and Promulgation of Air Quality Implementation Plans; 2008 Ozone NAAQS Interstate Transport for Colorado, Montana, North Dakota and South Dakota AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) submissions from the states of Colorado, Montana, North Dakota and South Dakota that are intended to demonstrate that the SIP for each respective state meets certain interstate transport requirements of the Clean Air Act (Act or CAA) for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). These submissions address the requirement that each SIP contain adequate provisions prohibiting air emissions that will have certain adverse air quality effects in other states. The EPA is approving these SIPs for all four states as containing adequate provisions to ensure that air emissions in the states do not significantly contribute to nonattainment or interfere with maintenance of the 2008 8-hour ozone NAAQS in any other state. [[Page 7707]] DATES: This final rule is effective on March 17, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification Number EPA-R08-OAR-2015-0670. All documents in the docket are listed on the http://www.regulations.gov index. Although listed in the index, some information may not be publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado, 80202-1129. EPA requests that you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Adam Clark, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-7104, [email protected]. SUPPLEMENTARY INFORMATION: I. Background On November 23, 2015, the EPA proposed to approve submittals from Colorado, Montana, North Dakota and South Dakota as meeting the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS (80 FR 72937). An explanation of the CAA requirements, a detailed analysis of the states' submittals, and the EPA's rationale for approval of each submittal were all provided in the notice of proposed rulemaking, and will not be restated here. The public comment period for this proposed rule ended on December 23, 2015. The EPA received no comments on the proposal. II. Final Action The EPA is approving the following submittals as meeting the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 8-hour ozone NAAQS: Colorado's December 31, 2012 submission; Montana's January 3, 2013 submission; North Dakota's March 8, 2013 submission; and South Dakota's May 30, 2013 submission. This action is being taken under section 110 of the CAA. III. Statutory and Executive Order Reviews Under the CAA, 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 actions, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law provisions 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 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 does not apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 18, 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: January 25, 2016. Signed: Debra H. Thomas, 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 citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. [[Page 7708]] Subpart G--Colorado 0 2. Section 52.352 is amended by adding paragraph (d) to read as follows: Sec. 52.352 Interstate transport. * * * * * (d) Addition to the Colorado State Implementation Plan of the Colorado Interstate Transport SIP regarding 2008 Ozone Standards for both of the CAA section 110(a)(2)(D)(i)(I) requirements submitted to EPA on December 31, 2012. Subpart BB--Montana 0 3. Section 52.1393 is amended by adding paragraph (c) to read as follows: Sec. 52.1393 Interstate transport requirements. * * * * * (c) EPA is approving both elements of CAA section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS, which was submitted to EPA on January 3, 2013. Subpart JJ--North Dakota 0 4. Section 52.1833 is amended by adding paragraph (e) to read as follows: Sec. 52.1833 Section 110(a)(2) infrastructure requirements. * * * * * (e) EPA is approving both elements of CAA section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS, which was submitted to EPA on March 8, 2013. Subpart QQ--South Dakota 0 5. Section 52.2170, paragraph (e), is amended by adding the entry ``XIX. Section 110(a)(2)(D)(i)(I) Infrastructure Requirements for the 2008 8-hour Ozone NAAQS'' to read as follows: Sec. 52.2170 Identification of plan. * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- Final rule Rule title State effective EPA Effective citation, Comments date date date ---------------------------------------------------------------------------------------------------------------- * * * * * * * XIX. Section 110(a)(2)(D)(i)(I) 5/21/13 3/2/15 80 FR 4799, ............................ Interstate Transport 1/29/15 Requirements for the 2008 8- hour Ozone NAAQS. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-02959 Filed 2-12-16; 8:45 am] BILLING CODE 6560-50-P
![7706 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations
on the relationship between the national discovery of a significant environmental (5) The Coast Guard and designated
government and the States, or on the impact from this rule. James River Reserve Fleet security
distribution of power and vessels enforcing the safety zone can be
G. Protest Activities
responsibilities among the various contacted on VHF–FM marine band
levels of government. We have analyzed The Coast Guard respects the First radio channel 13 (165.65Mhz) and
this rule under that Order and have Amendment rights of protesters. channel 16 (156.8 Mhz).
determined that it is consistent with the Protesters are asked to contact the (6) This section applies to all persons
fundamental federalism principles and person listed in the FOR FURTHER or vessels wishing to transit through the
preemption requirements described in INFORMATION CONTACT section to safety zone except participants and
E.O. 13132. coordinate protest activities so that your vessels that are engaged in the following
Also, this rule does not have tribal message can be received without operations:
implications under E.O. 13175, jeopardizing the safety or security of (i) Enforcing laws;
Consultation and Coordination with people, places or vessels. (ii) Servicing aids to navigation; and
Indian Tribal Governments, because it (iii) Emergency response vessels.
List of Subjects in 33 CFR Part 165 (7) The U.S. Coast Guard may be
does not have a substantial direct effect
on one or more Indian tribes, on the Harbors, Marine safety, Navigation assisted in the patrol and enforcement
relationship between the Federal (water), Reporting and recordkeeping of the safety zone by Federal, State, and
Government and Indian tribes, or on the requirements, Security measures, local agencies.
distribution of power and Waterways. (d) Enforcement period. This rule will
responsibilities between the Federal For the reasons discussed in the be enforced from 8 a.m. on February 29,
Government and Indian tribes. If you preamble, the Coast Guard amends 33 2016 through 4 p.m. on March 4, 2016.
believe this rule has implications for CFR part 165 as follows: Dated: January 13, 2016.
federalism or Indian tribes, please Christopher S. Keane,
contact the person listed in the FOR PART 165—REGULATED NAVIGATION
Captain, U.S. Coast Guard, Captain of the
FURTHER INFORMATION CONTACT section AREAS AND LIMITED ACCESS AREAS
Port Hampton Roads.
above. ■ 1. The authority citation for part 165 [FR Doc. 2016–03090 Filed 2–12–16; 8:45 am]
E. Unfunded Mandates Reform Act continues to read as follows: BILLING CODE 9110–04–P
The Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
of 1995 (2 U.S.C. 1531–1538) requires 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
Federal agencies to assess the effects of Department of Homeland Security Delegation ENVIRONMENTAL PROTECTION
No. 0170.1. AGENCY
their discretionary regulatory actions. In
particular, the Act addresses actions ■ 2. Add § 165.T05–0701 to read as
40 CFR Part 52
that may result in the expenditure by a follows:
State, local, or tribal government, in the [EPA–R08–OAR–2015–0670; FRL–9942–31–
165.T05–0202 Safety Zone, James River; Region 8]
aggregate, or by the private sector of Newport News, VA.
$100,000,000 (adjusted for inflation) or
(a) Definitions. For the purposes of Approval and Promulgation of Air
more in any one year. Though this rule
this section, Captain of the Port means Quality Implementation Plans; 2008
will not result in such an expenditure,
the Commander, Sector Hampton Roads. Ozone NAAQS Interstate Transport for
we do discuss the effects of this rule
Representative means any Coast Guard Colorado, Montana, North Dakota and
elsewhere in this preamble. commissioned, warrant or petty officer South Dakota
F. Environment who has been authorized to act on the
behalf of the Captain of the Port. AGENCY: Environmental Protection
We have analyzed this rule under Agency (EPA).
Department of Homeland Security Participants mean individuals and
vessels involved in explosives training. ACTION: Final rule.
Management Directive 023–01 and
(b) Locations. The following area is a
Commandant Instruction M16475.lD, SUMMARY: The Environmental Protection
safety zone:
which guide the Coast Guard in (1) All waters in the vicinity of the of Agency (EPA) is approving State
complying with the National the James River Reserve Fleet, in the Implementation Plan (SIP) submissions
Environmental Policy Act of 1969 (42 James River, within a 1500 foot radius from the states of Colorado, Montana,
U.S.C. 4321–4370f), and have of the M/V SS DEL MONTE in North Dakota and South Dakota that are
determined that this action is one of a approximate position 37°06′11″ N., intended to demonstrate that the SIP for
category of actions that do not 076°38′40″ W. (NAD 1983). each respective state meets certain
individually or cumulatively have a (c) Regulations. (1) All persons are interstate transport requirements of the
significant effect on the human required to comply with the general Clean Air Act (Act or CAA) for the 2008
environment. This rule involves a safety regulations governing safety zones in 8-hour ozone National Ambient Air
zone lasting less than 4 days that will § 165.23 of this part. Quality Standards (NAAQS). These
prohibit entry within 1500 feet of the M/ (2) With the exception of participants, submissions address the requirement
V SS DEL MONTE along the James entry into or remaining in this safety that each SIP contain adequate
River. It is categorically excluded from zone is prohibited unless authorized by provisions prohibiting air emissions that
further review under paragraph 34(g) of the Captain of the Port, Hampton Roads will have certain adverse air quality
Figure 2–1 of the Commandant or his designated representatives. effects in other states. The EPA is
mstockstill on DSK4VPTVN1PROD with RULES
Instruction. An environmental analysis (3) All vessels underway within this approving these SIPs for all four states
checklist supporting this determination safety zone at the time it is implemented as containing adequate provisions to
and a Categorical Exclusion are to depart the zone immediately. ensure that air emissions in the states do
Determination are available in the (4) The Captain of the Port, Hampton not significantly contribute to
docket where indicated under Roads or his representative can be nonattainment or interfere with
ADDRESSES. We seek any comments or contacted at telephone number (757) maintenance of the 2008 8-hour ozone
information that may lead to the 668–5555. NAAQS in any other state.
VerDate Sep<11>2014 17:32 Feb 12, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\16FER1.SGM 16FER1](https://thefederalregister.org/doc/81_FR_7736/page/1.svg)
![7708 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations
Subpart G—Colorado § 52.1393 Interstate transport 2008 ozone NAAQS, which was
requirements. submitted to EPA on March 8, 2013.
■ 2. Section 52.352 is amended by * * * * *
adding paragraph (d) to read as follows: (c) EPA is approving both elements of Subpart QQ—South Dakota
§ 52.352 Interstate transport. CAA section 110(a)(2)(D)(i)(I) for the
2008 ozone NAAQS, which was ■ 5. Section 52.2170, paragraph (e), is
* * * * * amended by adding the entry ‘‘XIX.
(d) Addition to the Colorado State submitted to EPA on January 3, 2013.
Section 110(a)(2)(D)(i)(I) Infrastructure
Implementation Plan of the Colorado
Subpart JJ—North Dakota Requirements for the 2008 8-hour Ozone
Interstate Transport SIP regarding 2008
NAAQS’’ to read as follows:
Ozone Standards for both of the CAA
section 110(a)(2)(D)(i)(I) requirements ■ 4. Section 52.1833 is amended by
adding paragraph (e) to read as follows: § 52.2170 Identification of plan.
submitted to EPA on December 31,
* * * * *
2012. § 52.1833 Section 110(a)(2) infrastructure
requirements. (e) * * *
Subpart BB—Montana
* * * * *
■ 3. Section 52.1393 is amended by (e) EPA is approving both elements of
adding paragraph (c) to read as follows: CAA section 110(a)(2)(D)(i)(I) for the
State effective EPA Effective
Rule title Final rule citation, date Comments
date date
* * * * * * *
XIX. Section 110(a)(2)(D)(i)(I) Interstate Transport 5/21/13 3/2/15 80 FR 4799, 1/29/15
Requirements for the 2008 8-hour Ozone
NAAQS.
[FR Doc. 2016–02959 Filed 2–12–16; 8:45 am] ADDRESSES: Submit your comments, I. Background
BILLING CODE 6560–50–P identified by Docket ID No. EPA–R07– On November 4, 2008, Iowa submitted
OAR–2015–0840, to http:// several revisions to EPA for approval
www.regulations.gov. Follow the online into the SIP. On December 30, 2009,
ENVIRONMENTAL PROTECTION instructions for submitting comments. EPA took direct final action to approve
AGENCY Once submitted, comments cannot be the revisions to the SIP. (74 FR 68692).
edited or removed from Regulations.gov. However, EPA did not act on several
40 CFR Part 52 EPA may publish any comment received state administrative regulations that
to its public docket. Do not submit provided for electronic submittal of
[EPA–R07–OAR–2015–0840; FRL–9942–39– electronically any information you emissions inventory information,
Region 7] consider to be Confidential Business construction permit applications, and
Information (CBI) or other information Title V operating permit applications, as
Approval of Iowa’s State whose disclosure is restricted by statute. Iowa had not obtained approval of its
Implementation Plan (SIP); Electronic Multimedia submissions (audio, video, electronic document receiving system as
Reporting Consistent With the Cross- etc.) must be accompanied by a written required by the Cross-Media Electronic
Media Electronic Reporting Rule comment. The written comment is Reporting Rule (CROMERR) found at 40
(CROMERR) considered the official comment and CFR part 3 (70 FR 59848). Therefore,
should include discussion of all points EPA did not take action on the
AGENCY: Environmental Protection you wish to make. EPA will generally
Agency (EPA). electronic emissions inventory
not consider comments or comment submittal provisions of Iowa
ACTION: Direct final rule. contents located outside of the primary Administrative Code (IAC) 567–21.1(3).
submission (i.e. on the web, cloud, or On December 9, 2015, EPA approved
SUMMARY: The Environmental Protection other file sharing system). For Iowa’s CROMERR application for
Agency (EPA) is approving a SIP additional submission methods, the full electronic reporting of emissions
revision submitted by the State of Iowa. EPA public comment policy, information through its State and Local
The revision pertains to the approval of information about CBI or multimedia Emissions Inventory System (SLEIS).
Iowa’s CROMERR submission which submissions, and general guidance on (80 FR 76474). Accordingly, EPA is
was published in the Federal Register making effective comments, please visit approving IAC 567–21–1(3) in to the SIP
on December 9, 2015, and will revise http://www2.epa.gov/dockets/ to allow for electronic submittal of
the Iowa SIP to provide for electronic commenting-epa-dockets. emissions inventory data.
submittal of emission inventory data. FOR FURTHER INFORMATION CONTACT:
DATES: This direct final rule will be Heather Hamilton, Environmental II. EPA’s Evaluation
effective April 18, 2016, without further Protection Agency, Air Planning and Section 110(1) of the Federal Clean
mstockstill on DSK4VPTVN1PROD with RULES
notice, unless EPA receives adverse Development Branch, 11201 Renner Air Act (CAA) states that each revision
comment by March 17, 2016. If EPA Boulevard, Lenexa, Kansas 66219 at to an implementation plan submitted by
receives adverse comment, we will 913–551–7039, or by email at a state under this chapter shall be
publish a timely withdrawal of the Hamilton.heather@epa.gov. adopted by such state after reasonable
direct final rule in the Federal Register SUPPLEMENTARY INFORMATION: notice and public hearing. In the
informing the public that the rule will Throughout this document ‘‘we,’’ ‘‘us,’’ November 4, 2008, submittal for rule
not take effect. or ‘‘our’’ refer to EPA. IAC 567–21.1(3), Iowa provided
VerDate Sep<11>2014 17:32 Feb 12, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\16FER1.SGM 16FER1](https://thefederalregister.org/doc/81_FR_7736/page/3.svg)
Document Created: 2016-02-13 03:13:11
Document Modified: 2016-02-13 03:13:11
| 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 March 17, 2016. | |
| Contact | Adam Clark, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-7104, [email protected] | |
| FR Citation | 81 FR 7706 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR