81 FR 7980 - Approval and Promulgation of Implementation Plans; State of New Mexico/Albuquerque-Bernalillo County; Infrastructure and Interstate Transport SIP 2010 Nitrogen Dioxide National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 31 (February 17, 2016)
Federal Register Volume 81, Issue 31 (February 17, 2016)
| Page Range | 7980-7982 | |
| FR Document | 2016-03130 |
[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)] [Rules and Regulations] [Pages 7980-7982] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03130] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2013-0613; FRL-9942-30-Region 6] Approval and Promulgation of Implementation Plans; State of New Mexico/Albuquerque-Bernalillo County; Infrastructure and Interstate Transport SIP 2010 Nitrogen Dioxide National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) submission from the Governor of New Mexico for the City of Albuquerque-Bernalillo County for the 2010 Nitrogen Dioxide (NO2 ) National Ambient Air Quality Standards (NAAQS). The submittal addresses how the existing SIP provides for implementation, maintenance, and enforcement of the 2010 NO2 NAAQS (infrastructure SIP or i-SIP). This i-SIP ensures that the State's SIP for Albuquerque-Bernalillo County is adequate to meet the state's responsibilities under the Federal Clean Air Act (CAA or Act), including the four [[Page 7981]] CAA requirements for interstate transport of NO2 emissions. DATES: This final rule is effective on March 18, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2013-0613. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202- 2733. FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, 214-665-6633, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' means the EPA. I. Background The background for this action is discussed in detail in our December 2, 2015 proposal (80 FR 75444). In that document, we proposed that the Albuquerque-Bernalillo County New Mexico i-SIP submittal for the 2010 NO2 NAAQS met the requirements for an i-SIP, including the requirements for interstate transport of NO2 emissions. Our Proposal and the technical support documents (TSDs) that accompanied the proposed rule provide detailed descriptions of the revisions and the rationale for our proposed decisions. Please see the docket for these and other documents regarding our proposal. The public comment period for our proposal closed on January 4, 2016. We did not receive any comments. Therefore, we are finalizing our action as proposed. II. Final Action We are approving the July 26, 2013 i-SIP submission from Albuquerque-Bernalillo County New Mexico, which address the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2010 NO2 NAAQS. Specifically, we are approving the following infrastructure elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). We are also approving the New Mexico- Albuquerque Bernalillo County demonstration as it meets the four statutory requirements for interstate transport of NO2 emissions. 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 choices, provided that they meet the criteria of the CAA. 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, 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 CAA; 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 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 purposed of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide (NO 2 ), Reporting and recordkeeping requirements. Dated: February 4, 2016. Ron Curry, Regional Administrator, Region 6. 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. Subpart GG--New Mexico 0 2. In Sec. 52.1620, the second table in paragraph (e) entitled ``EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP'' is amended by adding a new entry at the end of the table for ``Infrastructure and Interstate Transport for the 2010 NO2 NAAQS'' to read as follows: [[Page 7982]] Sec. 52.1620 Identification of plan. * * * * * (e) * * * EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP -------------------------------------------------------------------------------------------------------------------------------------------------------- State Name of SIP provision Applicable geographic submittal/ EPA approval date Explanation or nonattainment area effective date -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Infrastructure and Interstate Albuquerque- 7/26/2013 2/17/16, [insert Federal Register ..................................... Transport for the 2010 NO2 NAAQS. Bernalillo County. citation]. -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-03130 Filed 2-16-16; 8:45 am] BILLING CODE 6560-50-P
![7980 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations
that before a rule may take effect, the affect the finality of this action for the PART 52—APPROVAL AND
agency promulgating the rule must purposes of judicial review nor does it PROMULGATION OF
submit a rule report, which includes a extend the time within which a petition IMPLEMENTATION PLANS
copy of the rule, to each House of the for judicial review may be filed, and
Congress and to the Comptroller General shall not postpone the effectiveness of ■ 1. The authority citation for part 52
of the United States. EPA will submit a such rule or action. This action may not continues to read as follows:
report containing this action and other be challenged later in proceedings to
required information to the U.S. Senate, enforce its requirements. (See section Authority: 42 U.S.C. 7401 et seq.
the U.S. House of Representatives, and 307(b)(2).)
the Comptroller General of the United Subpart Q—Iowa
States prior to publication of the rule in List of Subjects in 40 CFR Part 52
the Federal Register. A major rule Environmental protection, Air ■ 2. Amend § 52.820(c) by revising in
cannot take effect until 60 days after it pollution control, Intergovernmental the table under ‘‘Polk County’’ the entry
is published in the Federal Register. relations, Incorporation by reference, for ‘‘Chapter V’’ to read as follows:
This action is not a ‘‘major rule’’ as Reporting and recordkeeping
defined by 5 U.S.C. 804(2). § 52.820 Identification of plan.
requirements.
Under section 307(b)(1) of the CAA, * * * * *
Dated: February 1, 2016.
petitions for judicial review of this (c) * * *
action must be filed in the United States Mark Hague,
Court of Appeals for the appropriate Regional Administrator, Region 7.
circuit by April 18, 2016. Filing a For the reasons stated in the
petition for reconsideration by the preamble, EPA amends 40 CFR part 52
Administrator of this final rule does not as set forth below:
EPA-APPROVED IOWA REGULATIONS
State
Iowa citation Title effective EPA approval date Explanation
date
Iowa Department of Natural Resources Environmental Protection Commission [567]
* * * * * * *
Polk County
CHAPTER V .......... Polk County Board of Health 10/12/15 2/17/16, [Insert Federal Article I, Section 5–2, definition of ‘‘vari-
Rules and Regulations Air Register citation]. ance,’’ ‘‘anaerobic lagoon,’’ and ‘‘green-
Pollution Chapter V. house gases’’; Article III, Incineration and
Open Burning, Section 5–7(d) Variance
Application; Article VI, Sections 5–16(n),
(o) and (p); Article VIII; Article IX, Sections
5–27(3) and (4); Article X, Section 5–28,
subsections (a) through (c), and Article X,
Section 5–35(b)(5); Article XIII; and Article
XVI, Section 5–75 are not part of the SIP.
Article VI, Section 5–17, adopted by Polk
County on 7/26/2011, is not part of the
SIP, and the previously approved version
of Article VI, Section 5–17 remains part of
the SIP.
* * * * * ENVIRONMENTAL PROTECTION SUMMARY: The Environmental Protection
[FR Doc. 2016–03108 Filed 2–16–16; 8:45 am] AGENCY Agency (EPA) is approving a State
BILLING CODE 6560–50–P Implementation Plan (SIP) submission
40 CFR Part 52 from the Governor of New Mexico for
[EPA–R06–OAR–2013–0613; FRL–9942–30– the City of Albuquerque-Bernalillo
Region 6] County for the 2010 Nitrogen Dioxide
(NO2) National Ambient Air Quality
Approval and Promulgation of Standards (NAAQS). The submittal
Implementation Plans; State of New addresses how the existing SIP provides
Mexico/Albuquerque-Bernalillo for implementation, maintenance, and
asabaliauskas on DSK5VPTVN1PROD with RULES
County; Infrastructure and Interstate enforcement of the 2010 NO2 NAAQS
Transport SIP 2010 Nitrogen Dioxide (infrastructure SIP or i-SIP). This i-SIP
National Ambient Air Quality ensures that the State’s SIP for
Standards
Albuquerque-Bernalillo County is
AGENCY: Environmental Protection adequate to meet the state’s
Agency (EPA). responsibilities under the Federal Clean
ACTION: Final rule. Air Act (CAA or Act), including the four
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![7982 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations
§ 52.1620 Identification of plan. (e) * * *
* * * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
State
Applicable geographic
Name of SIP provision submittal/ EPA approval date Explanation
or nonattainment area effective date
* * * * * * *
Infrastructure and Interstate Albuquerque-Bernalillo County .... 7/26/2013 2/17/16, [insert Federal
Transport for the 2010 NO2 Register citation].
NAAQS.
[FR Doc. 2016–03130 Filed 2–16–16; 8:45 am] Environmental Protection Agency, 1200 must be in writing, and must be
BILLING CODE 6560–50–P Pennsylvania Ave. NW., Washington, received by the Hearing Clerk on or
DC 20460–0001; main telephone before April 18, 2016. Addresses for
number: (703) 305–7090; email address: mail and hand delivery of objections
ENVIRONMENTAL PROTECTION RDFRNotices@epa.gov. and hearing requests are provided in 40
AGENCY SUPPLEMENTARY INFORMATION: CFR 178.25(b).
In addition to filing an objection or
40 CFR Part 180 I. General Information hearing request with the Hearing Clerk
[EPA–HQ–OPP–2014–0913; FRL–9941–69] A. Does this action apply to me? as described in 40 CFR part 178, please
submit a copy of the filing (excluding
You may be potentially affected by any Confidential Business Information
Fluridone; Pesticide Tolerances
this action if you are an agricultural (CBI)) for inclusion in the public docket.
AGENCY: Environmental Protection producer, food manufacturer, or Information not marked confidential
Agency (EPA). pesticide manufacturer. The following pursuant to 40 CFR part 2 may be
ACTION: Final rule. list of North American Industrial disclosed publicly by EPA without prior
Classification System (NAICS) codes is notice. Submit the non-CBI copy of your
SUMMARY: This regulation establishes a not intended to be exhaustive, but rather objection or hearing request, identified
tolerance for residues of fluridone in or provides a guide to help readers by docket ID number EPA–HQ–OPP–
on cotton, undelinted seed. SePRO determine whether this document 2014–0913, by one of the following
Corporation requested these tolerances applies to them. Potentially affected methods:
under the Federal Food, Drug, and entities may include: • Federal eRulemaking Portal: http://
Cosmetic Act (FFDCA). • Crop production (NAICS code 111). www.regulations.gov. Follow the online
DATES: This regulation is effective • Animal production (NAICS code instructions for submitting comments.
February 17, 2016. Objections and 112). Do not submit electronically any
requests for hearings must be received • Food manufacturing (NAICS code information you consider to be CBI or
on or before April 18, 2016, and must 311). other information whose disclosure is
be filed in accordance with the • Pesticide manufacturing (NAICS restricted by statute.
instructions provided in 40 CFR part code 32532). • Mail: OPP Docket, Environmental
178 (see also Unit I.C. of the B. How can I get electronic access to Protection Agency Docket Center (EPA/
SUPPLEMENTARY INFORMATION). other related information? DC), (28221T), 1200 Pennsylvania Ave.
ADDRESSES: The docket for this action,
NW., Washington, DC 20460–0001.
You may access a frequently updated • Hand Delivery: To make special
identified by docket identification (ID) electronic version of EPA’s tolerance arrangements for hand delivery or
number EPA–HQ–OPP–2014–0913, is regulations at 40 CFR part 180 through delivery of boxed information, please
available at http://www.regulations.gov the Government Printing Office’s e-CFR follow the instructions at http://
or at the Office of Pesticide Programs site at http://www.ecfr.gov/cgi-bin/text- www.epa.gov/dockets/contacts.html.
Regulatory Public Docket (OPP Docket) idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Additional instructions on
in the Environmental Protection Agency 40tab_02.tpl. commenting or visiting the docket,
Docket Center (EPA/DC), West William along with more information about
Jefferson Clinton Bldg., Rm. 3334, 1301 C. How can I file an objection or hearing
request? dockets generally, is available at
Constitution Ave. NW., Washington, DC http://www.epa.gov/dockets.
20460–0001. The Public Reading Room Under FFDCA section 408(g), 21
is open from 8:30 a.m. to 4:30 p.m., U.S.C. 346a, any person may file an II. Summary of Petitioned-for Tolerance
Monday through Friday, excluding legal objection to any aspect of this regulation In the Federal Register of April 6,
holidays. The telephone number for the and may also request a hearing on those 2015 (80 FR 18327) (FRL–9924–00),
Public Reading Room is (202) 566–1744, objections. You must file your objection EPA issued a document pursuant to
asabaliauskas on DSK5VPTVN1PROD with RULES
and the telephone number for the OPP or request a hearing on this regulation FFDCA section 408(d)(3), 21 U.S.C.
Docket is (703) 305–5805. Please review in accordance with the instructions 346a(d)(3), announcing the filing of a
the visitor instructions and additional provided in 40 CFR part 178. To ensure pesticide petition (PP 4F8308) by
information about the docket available proper receipt by EPA, you must SePRO Corporation, 11550 North
at http://www.epa.gov/dockets. identify docket ID number EPA–HQ– Meridian Street, Suite 600, Carmel, IN
FOR FURTHER INFORMATION CONTACT: OPP–2014–0913 in the subject line on 46032. The petition requested that 40
Susan Lewis, Registration Division the first page of your submission. All CFR part 180 be amended by
(7505P), Office of Pesticide Programs, objections and requests for a hearing establishing tolerances for residues of
VerDate Sep<11>2014 19:42 Feb 16, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\17FER1.SGM 17FER1](https://thefederalregister.org/doc/81_FR_8011/page/3.svg)
Document Created: 2016-02-17 01:16:26
Document Modified: 2016-02-17 01:16:26
| 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 18, 2016. | |
| Contact | Tracie Donaldson, 214-665-6633, [email protected] | |
| FR Citation | 81 FR 7980 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Nitrogen Dioxide (no2 |
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