Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2008 Ozone, 2008 Lead, and 2010 NO2, 60540-60541 [2015-25347]
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60540
Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations
Regulatory Procedures
§ 1625.21
The Commission finds that public
notice-and-comment on this rule is
unnecessary, because the revision
makes no substantive change; it merely
corrects an internal cross-referencing
error. The rule is therefore exempt from
the notice-and-comment requirements
of 5 U.S.C. 553(b) under 5 U.S.C.
553(b)(B). This technical correction also
is not ‘‘significant’’ for purposes of
Executive Order 12866, as reaffirmed by
E.O. 13563, and therefore is not subject
to review by Office of Management and
Budget.
All apprenticeship programs,
including those apprenticeship
programs created or maintained by joint
labor-management organizations, are
subject to the prohibitions of sec. 4 of
the Age Discrimination in Employment
Act of 1967, as amended, 29 U.S.C. 623.
Age limitations in apprenticeship
programs are valid only if excepted
under sec. 4(f)(1) of the Act, 29 U.S.C.
623(f)(1), or exempted by the
Commission under sec. 9 of the Act, 29
U.S.C. 628, in accordance with the
procedures set forth in 29 CFR 1625.30.
Regulatory Analysis
For the Commission.
Jenny R. Yang,
Chair.
Since this technical correction
contains no substantive changes to the
law, EEOC certifies that it contains no
new information collection
requirements subject to review by the
Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C.
chapter 35), it requires no formal costbenefit analysis pursuant to E.O. 12866,
it creates no significant impact on small
business entities subject to review under
the Regulatory Flexibility Act, and it
imposes no new economic burden
requiring further analysis under the
Unfunded Mandates Reform Act of
1995.
Congressional Review Act
This correction is defined as a rule
under the Congressional Review Act,
but not as a major rule. As a result, it
was provided to Congress and the
General Accountability Office pursuant
to the requirements of 5 U.S.C. 801 as
interpreted by Office of Management
and Budget Memorandum M–99–13.
List of Subjects in 29 CFR Part 1625
Advertising, Age, Employee benefit
plans, Equal employment opportunity,
and Retirement.
For the reasons stated in the
preamble, the Equal Employment
Opportunity Commission amends 29
CFR part 1625 as follows:
PART 1625—AGE DISCRIMINATION IN
EMPLOYMENT ACT
1. The authority citation for 29 CFR
part 1625 continues to read as follows:
asabaliauskas on DSK5VPTVN1PROD with RULES
■
Authority: 29 U.S.C. 621–634; 5 U.S.C.
301; Pub. L. 99–502, 100 Stat. 3342;
Secretary’s Order No. 10–68; Secretary’s
Order No. 11–68; sec. 2, Reorg. Plan No. 1 of
1978, 43 FR 19807; Executive Order 12067,
43 FR 28967.
■
2. Revise § 1625.21 to read as follows:
youth but not be available to older people covered
by the ADEA.
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Apprenticeship programs.
[FR Doc. 2015–25491 Filed 10–6–15; 8:45 am]
BILLING CODE 6570–01–P
other material, such as copyrighted
material, is not placed on the Internet
and will be publicly available only in
the hard copy form. Publicly available
docket materials are available either
electronically through https://
www.regulations.gov or in hard copy at
EPA Region 8, Office of Partnerships
and Regulatory Assistance, Air Program,
1595 Wynkoop Street, Denver, Colorado
80202–1129. The EPA requests that you
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. The
Regional Office’s official hours of
business are Monday through Friday,
8:00 a.m.–4:00 p.m., excluding federal
holidays. An electronic copy of the
State’s SIP compilation is also available
at https://www.epa.gov/region8/air/
sip.html.
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2012–0974, FRL–9935–15–
Region 8]
Promulgation of State Implementation
Plan Revisions; Infrastructure
Requirements for the 2008 Ozone, 2008
Lead, and 2010 NO2 National Ambient
Air Quality Standards; North Dakota
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
State Implementation Plan (SIP)
revisions from the State of North Dakota
to demonstrate the State meets
infrastructure requirements of the Clean
Air Act (Act, CAA) for the National
Ambient Air Quality Standards
(NAAQS) promulgated for ozone on
March 12, 2008; lead (Pb) on October
15, 2008; and nitrogen dioxide (NO2) on
January 22, 2010. Section 110(a) of the
CAA requires that each state submit a
SIP for the implementation,
maintenance, and enforcement of each
NAAQS promulgated by EPA.
DATES: This rule is effective November
6, 2015.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification Number EPA–R08–OAR–
2012–0974. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information
may not be publicly available, i.e.,
Confidential Business Information or
other information the disclosure of
which is restricted by statute. Certain
SUMMARY:
PO 00000
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Abby Fulton, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, 303–312–6563,
fulton.abby@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Infrastructure requirements for SIPs
are provided in section 110(a)(1) and (2)
of the CAA. Section 110(a)(2) lists the
specific infrastructure elements that a
SIP must contain or satisfy. The
elements that are the subject of this
action are described in detail in our
notice of proposed rulemaking (NPR)
published on July 15, 2015 (80 FR
41450).
The NPR proposed approval of North
Dakota’s submissions with respect to the
following CAA section 110(a)(2)
infrastructure elements for the 2008
ozone, 2008 Pb, and 2010 NO2 NAAQS:
(A), (B), (C) with respect to minor NSR
and PSD requirements, (D)(i)(II)
elements 3 and 4, (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M); and D(i)(I)
elements 1 and 2 for the 2008 Pb and
2010 NO2 NAAQS. The NPR also
proposed approval of element 4 of CAA
section 110(a)(2)(D)(i)(II) for the 2006
fine particulate matter (PM2.5) NAAQS.
EPA will act separately on infrastructure
element (D)(i)(I), interstate transport
elements 1 and 2 for the 2008 ozone
NAAQS. The reasons for our approvals
are provided in detail in the NPR.
II. Response to Comments
No comments were received on our
July 15, 2015 NPR.
III. Final Action
EPA is approving the following
infrastructure elements for the 2008
E:\FR\FM\07OCR1.SGM
07OCR1
Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations
asabaliauskas on DSK5VPTVN1PROD with RULES
ozone, 2008 Pb, and 2010 NO2 NAAQS:
CAA 110(a)(2) (A), (B), (C) with respect
to minor NSR and PSD requirements,
(D)(i)(II) elements 3 and 4, (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M). EPA
is approving element 4 of
110(a)(2)(D)(i)(II) for the 2006 PM2.5
NAAQS. Finally, EPA is approving
D(i)(I) elements 1 and 2 for the 2008 Pb
and 2010 NO2 NAAQS. EPA will act
separately on infrastructure element
(D)(i)(I), interstate transport elements 1
and 2 for the 2008 ozone NAAQS.1
IV. Statutory and Executive Orders
Review
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,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves relevant 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 Order 12866 (58 FR 51735,
Oct. 4, 1993);
• 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, Aug. 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
1 This action also corrects an error to a Federal
Register citation in our NPR (80 FR 41450, July 15,
2015) on page 41454. The NPR incorrectly cites
approval of the State’s SIP-approved minor NSR
program at 60 FR 43401 rather than the correct
citation of 42 FR 26977 (May 26, 1977).
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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, Feb. 16, 1994).
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 7,
2015. 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,
Greenhouse gases, Lead, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
PO 00000
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60541
Authority: 42 U.S.C. 7401 et seq.
Dated: September 21, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart JJ—North Dakota
2. Section 52.1833 is amended by
adding paragraph (d) to read as follows:
■
§ 52.1833 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(d) EPA is approving the following
infrastructure elements for the 2008
ozone, 2008 Pb, and 2010 NO2 NAAQS:
CAA 110(a)(2) (A), (B), (C) with respect
to minor NSR and PSD requirements,
(D)(i)(II) elements 3 and 4, (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M). EPA
is approving element 4 of
110(a)(2)(D)(i)(II) for the 2006 PM2.5
NAAQS. Finally, EPA is approving
D(i)(I) elements 1 and 2 for the 2008 Pb
and 2010 NO2 NAAQS.
[FR Doc. 2015–25347 Filed 10–6–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2014–0605; A–1–FRL–
9935–31–Region 1]
Approval and Promulgation of Air
Quality Implementation Plans; Rhode
Island; Sulfur Content of Fuels
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Rhode Island
on June 26, 2014, with supplemental
submittals on March 25, 2015 and
August 28, 2015. This SIP revision
includes a regulation that has been
revised to require a lower sulfur content
for petroleum-based distillate and
residual fuel oils. In addition, outdated
provisions in the regulation have been
removed. The intended effect of this
action is to approve this regulation into
the Rhode Island SIP. This action is
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60540-60541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25347]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2012-0974, FRL-9935-15-Region 8]
Promulgation of State Implementation Plan Revisions;
Infrastructure Requirements for the 2008 Ozone, 2008 Lead, and 2010
NO2 National Ambient Air Quality Standards; North Dakota
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of State Implementation Plan (SIP) revisions from the State of
North Dakota to demonstrate the State meets infrastructure requirements
of the Clean Air Act (Act, CAA) for the National Ambient Air Quality
Standards (NAAQS) promulgated for ozone on March 12, 2008; lead (Pb) on
October 15, 2008; and nitrogen dioxide (NO2) on January 22,
2010. Section 110(a) of the CAA requires that each state submit a SIP
for the implementation, maintenance, and enforcement of each NAAQS
promulgated by EPA.
DATES: This rule is effective November 6, 2015.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification Number EPA-R08-OAR-2012-0974. All documents in
the docket are listed on the https://www.regulations.gov Web site.
Although listed in the index, some information may not be publicly
available, i.e., Confidential Business Information or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in the hard copy form. Publicly
available docket materials are available either electronically through
https://www.regulations.gov or in hard copy at EPA Region 8, Office of
Partnerships and Regulatory Assistance, Air Program, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. The EPA requests that you contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. The Regional Office's official hours
of business are Monday through Friday, 8:00 a.m.-4:00 p.m., excluding
federal holidays. An electronic copy of the State's SIP compilation is
also available at https://www.epa.gov/region8/air/sip.html.
FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6563,
fulton.abby@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Infrastructure requirements for SIPs are provided in section
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific
infrastructure elements that a SIP must contain or satisfy. The
elements that are the subject of this action are described in detail in
our notice of proposed rulemaking (NPR) published on July 15, 2015 (80
FR 41450).
The NPR proposed approval of North Dakota's submissions with
respect to the following CAA section 110(a)(2) infrastructure elements
for the 2008 ozone, 2008 Pb, and 2010 NO2 NAAQS: (A), (B),
(C) with respect to minor NSR and PSD requirements, (D)(i)(II) elements
3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M); and
D(i)(I) elements 1 and 2 for the 2008 Pb and 2010 NO2 NAAQS.
The NPR also proposed approval of element 4 of CAA section
110(a)(2)(D)(i)(II) for the 2006 fine particulate matter
(PM2.5) NAAQS. EPA will act separately on infrastructure
element (D)(i)(I), interstate transport elements 1 and 2 for the 2008
ozone NAAQS. The reasons for our approvals are provided in detail in
the NPR.
II. Response to Comments
No comments were received on our July 15, 2015 NPR.
III. Final Action
EPA is approving the following infrastructure elements for the 2008
[[Page 60541]]
ozone, 2008 Pb, and 2010 NO2 NAAQS: CAA 110(a)(2)
(A), (B), (C) with respect to minor NSR and PSD requirements,
(D)(i)(II) elements 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). EPA is approving element 4 of 110(a)(2)(D)(i)(II) for the
2006 PM2.5 NAAQS. Finally, EPA is approving D(i)(I) elements
1 and 2 for the 2008 Pb and 2010 NO2 NAAQS. EPA will act
separately on infrastructure element (D)(i)(I), interstate transport
elements 1 and 2 for the 2008 ozone NAAQS.\1\
---------------------------------------------------------------------------
\1\ This action also corrects an error to a Federal Register
citation in our NPR (80 FR 41450, July 15, 2015) on page 41454. The
NPR incorrectly cites approval of the State's SIP-approved minor NSR
program at 60 FR 43401 rather than the correct citation of 42 FR
26977 (May 26, 1977).
---------------------------------------------------------------------------
IV. Statutory and Executive Orders Review
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, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves relevant 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 Order
12866 (58 FR 51735, Oct. 4, 1993);
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, Aug. 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, Feb. 16, 1994).
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 7, 2015. 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, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 21, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read 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 JJ--North Dakota
0
2. Section 52.1833 is amended by adding paragraph (d) to read as
follows:
Sec. 52.1833 Section 110(a)(2) infrastructure requirements.
* * * * *
(d) EPA is approving the following infrastructure elements for the
2008 ozone, 2008 Pb, and 2010 NO2 NAAQS: CAA
110(a)(2) (A), (B), (C) with respect to minor NSR and PSD requirements,
(D)(i)(II) elements 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). EPA is approving element 4 of 110(a)(2)(D)(i)(II) for the
2006 PM2.5 NAAQS. Finally, EPA is approving D(i)(I) elements
1 and 2 for the 2008 Pb and 2010 NO2 NAAQS.
[FR Doc. 2015-25347 Filed 10-6-15; 8:45 am]
BILLING CODE 6560-50-P
