Approval and Promulgation of Implementation Plans; Alabama, Mississippi and South Carolina; Certain Visibility Requirements for the 2008 Ozone Standards, 48255-48259 [2015-19840]
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Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations
12866. VA’s impact analysis can be
found as a supporting document at
https://www.regulations.gov, usually
within 48 hours after the rulemaking
document is published. Additionally, a
copy of the rulemaking and its impact
analysis are available on VA’s Web site
at https://www.va.gov/orpm/, by
following the link for VA Regulations
Published from FY 2004 to FYTD.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This final rule will have no
such effect on State, local, and tribal
governments, or on the private sector.
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Paperwork Reduction Act
Although this document contains a
provision constituting a collection of
information at 38 CFR 36.4312(d)(6),
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521), no new or
proposed revised collections of
information are associated with this
final rule. The information collection
provisions for this final rule are
currently approved by OMB and have
been assigned OMB control number
3170–0015.
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility Act
(5 U.S.C. 601–612).
This rule aligns the disclosure and
look-back requirements for adjustable
rate mortgages to the revised
requirements in the 2013 TILA servicing
rule published by the CFPB. VA does
not have discretion not to align these
requirements with the new TILA
requirements established by CFPB and
implemented by CFPB in the 2013 TILA
servicing rule. The revised disclosure
and look-back requirements began
applying to VA adjustable rate
mortgages in January 2015, regardless of
VA action. VA is publishing this
rulemaking because it is important for
VA regulations to be consistent with
TILA and its implementing regulations.
In this rule, VA will adopt the minimum
45-day look-back period to clarify that
lenders making VA-guaranteed
adjustable rate mortgages must meet the
TILA minimum notification
requirements. As discussed in the
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preamble to VA’s proposed rule, CFPB
noted in its rulemaking that the majority
of adjustable rate mortgages in the
conventional market already have lookback periods of 45 days or longer. 80 FR
4813. Additionally, the revisions to the
disclosure requirements simply align
VA requirements with the CFPB’s 2013
TILA servicing rule and the procedures
currently followed in the conventional
mortgage lending market. See id.
Accordingly, the Secretary certifies
that the adoption of this final rule will
not have a significant economic impact
on a substantial number of small entities
as they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612.
Therefore, under 5 U.S.C. 605(b), this
rulemaking is exempt from the initial
and final regulatory flexibility analysis
requirements of sections 603 and 604.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance number and title for the
program affected by this document is
64.114, Veterans Housing—Guaranteed
and Insured Loans.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Robert L. Nabors II, Chief of Staff,
Department of Veterans Affairs,
approved this document on August 6,
2015, for publication.
List of Subjects in 38 CFR Part 36
Condominiums, Flood insurance,
Housing, Indians, Individuals with
disabilities, Loan programs—housing
and community development, Loan
programs—Indians, Loan programs—
veterans, Manufactured homes,
Mortgage insurance, Reporting and
recordkeeping requirements, Veterans.
48255
information collection parenthetical to
the end of the section to read as follows:
§ 36.4312
Interest rates.
*
*
*
*
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(d) * * *
(2) Frequency of interest rate changes.
Interest rate adjustments must occur on
an annual basis, except that the first
adjustment may occur no sooner than 36
months from the date of the borrower’s
first mortgage payment. The adjusted
rate will become effective the first day
of the month following the adjustment
date; the first monthly payment at the
new rate will be due on the first day of
the following month. To set the new
interest rate, the lender will determine
the change between the initial (i.e., base)
index figure and the current index
figure. The initial index figure shall be
the most recent figure available before
the date of the note. For loans where the
date of the note is before January 10,
2015, the current index figure shall be
the most recent index figure available 30
days before the date of each interest rate
adjustment. For loans where the date of
the note is on or after January 10, 2015,
the current index figure shall be the
most recent index figure available 45
days before the date of each interest rate
adjustment.
*
*
*
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(6) Disclosures. The lender must
provide the borrower with disclosures
in accordance with the timing, content,
and format required by the regulations
implementing the Truth in Lending Act
(15 U.S.C. 1601 et seq.) at 12 CFR
1026.20(c) and (d). A copy of these
disclosures will be made a part of the
lender’s permanent record on the loan.
*
*
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(The Office of Management and Budget has
approved the information collection
requirements in this section under control
number 3170–0015.)
[FR Doc. 2015–19775 Filed 8–11–15; 8:45 am]
BILLING CODE 8320–01–P
Dated: August 7, 2015.
Michael Shores,
Chief Impact Analyst, Office of Regulation
Policy & Management, Office of the General
Counsel, Department of Veterans Affairs.
ENVIRONMENTAL PROTECTION
AGENCY
For the reasons set forth in the
preamble, VA amends 38 CFR part 36 as
follows:
[EPA–R04–OAR–2015–0177; FRL–9932–30–
Region 4]
40 CFR Part 52
1. The authority citation for part 36
continues to read as follows:
Approval and Promulgation of
Implementation Plans; Alabama,
Mississippi and South Carolina;
Certain Visibility Requirements for the
2008 Ozone Standards
Authority: 38 U.S.C. 501 and as otherwise
noted.
AGENCY:
PART 36—LOAN GUARANTY
■
2. Amend § 36.4312 by revising
paragraphs (d)(2) and (6) and adding an
■
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Environmental Protection
Agency.
ACTION: Direct final rule.
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Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations
The Environmental Protection
Agency (EPA) is taking direct final
action to approve portions of
submissions from Alabama, Mississippi,
and South Carolina for inclusion into
each State’s implementation plan. This
action pertains to the Clean Air Act
(CAA or Act) infrastructure
requirements for the 2008 8-hour ozone
National Ambient Air Quality Standards
(NAAQS). The CAA requires that each
state adopt and submit a state
implementation plan (SIP) for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA. These
submissions are commonly referred to
as ‘‘infrastructure SIP submissions’’.
Specifically, EPA is approving the
portions of the submissions from
Alabama, Mississippi, and South
Carolina that pertain to a certain
visibility requirement related to the
2008 8-hour ozone infrastructure SIPs
for each state. All other applicable
infrastructure requirements for the 2008
8-hour ozone NAAQS associated with
these States’ infrastructure submissions
have been or will be addressed in
separate rulemakings.
DATES: This direct final rule is effective
on October 13, 2015 without further
notice, unless EPA receives relevant
adverse comment by September 11,
2015. If EPA receives such comment,
EPA will publish a timely withdrawal in
the Federal Register informing the
public that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2015–0177, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: 404–562–9019.
4. Mail: ‘‘EPA–R04–OAR–2015–
0177,’’ Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
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SUMMARY:
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Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2015–
0177’’. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
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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 Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Nacosta Ward, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9140.
Ms. Ward can be reached via electronic
mail at ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the
requirements of sections 110(a)(1) and
(2) are to be submitted by states within
three years after promulgation of a new
or revised NAAQS to provide for the
implementation, maintenance, and
enforcement of the new or revised
NAAQS. EPA has historically referred to
these SIP submissions made for the
purpose of satisfying the requirements
of CAA sections 110(a)(1) and 110(a)(2)
as ‘‘infrastructure SIP’’ submissions.
Sections 110(a)(1) and (2) require states
to address basic SIP elements such as
for monitoring, basic program
requirements and legal authority that
are designed to assure attainment and
maintenance of the newly established or
revised NAAQS. More specifically,
section 110(a)(1) provides the
procedural and timing requirements for
SIPs. Section 110(a)(2) lists specific
elements that states must meet for the
‘‘infrastructure’’ SIP requirements
related to a newly established or revised
NAAQS. The contents of an
infrastructure SIP submission may vary
depending upon the data and analytical
tools available to the state, as well as the
provisions already contained in the
state’s implementation plan at the time
in which the state develops and submits
the submission for a new or revised
NAAQS.
On March 27, 2008, EPA promulgated
a revised NAAQS for ozone based on 8hour average concentrations. EPA
revised the level of the 8-hour ozone
NAAQS to 0.075 parts per million. See
77 FR 16436. States were required to
submit infrastructure SIP submissions
for the 2008 8-hour ozone NAAQS to
EPA by March 2011. Infrastructure SIPs
for the 2008 8-hour ozone NAAQS were
provided on August 20, 2012, for
Alabama; on May 29, 2012, and
resubmitted July 26, 2012, for
Mississippi; and on July 17, 2012, for
South Carolina. Through this action,
EPA is proposing approval of the
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visibility requirements of section
110(a)(2)(J) for the infrastructure SIP
submissions from the states of Alabama,
Mississippi, and South Carolina for the
2008 8-hour ozone NAAQS. All other
applicable infrastructure requirements
for the 2008 8-hour ozone NAAQS
associated with these States have been
or will be addressed in separate
rulemakings.1
II. What is EPA’s analyses of submittals
from Alabama, Mississippi and South
Carolina for Section 110(a)(2)(J) in
relation to visibility?
EPA’s September 13, 2013,
memorandum entitled ‘‘Guidance on
Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act
Sections 110(a)(1) and 110(a)(2)’’notes
that EPA does not treat the visibility
protection aspects of section 110(a)(2)(J)
as applicable for purposes of the
infrastructure SIP approval process.
EPA recognizes that states are subject to
visibility protection and regional haze
program requirements under Part C of
the Act (which includes sections 169A
and 169B). However, in the event of the
establishment of a new primary
NAAQS, the visibility protection and
regional haze program requirements
under part C of the CAA do not change.
Thus, EPA does not expect state
infrastructure SIP submittals to address
the visibility component of this element.
Below provides more detail on how
Alabama, Mississippi and South
Carolina addressed the visibility
requirements of section 110(a)(2)(J).
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a. Alabama
As noted above, there are no newly
applicable visibility protection
obligations after the promulgation of a
new or revised NAAQS. Thus, EPA has
determined that states do not need to
address the visibility component of
110(a)(2)(J) in infrastructure SIP
submittals. In accordance with EPA’s
guidance, Alabama did not address the
section 110(a)(2)(J) visibility element in
its infrastructure SIP submission.
Because states do not need to address
this element, EPA has made the
determination that Alabama’s
infrastructure SIP submission for the
section 110(a)(2)(J) visibility element
1 With the exception of provisions pertaining to
prevention of significant deterioration (PSD)
permitting, interstate transport, and visibility
protection requirements, EPA took action on the
infrastructure SIP submissions for Alabama,
Mississippi and South Carolina for the 2008 8-hour
ozone NAAQS on 80 FR 17689 (April 2, 2015), 80
FR 11131 (March 2, 2015), and 80 FR 11136 (March
2, 2015), respectively. EPA took action for the PSD
portions of the Alabama, Mississippi and South
Carolina infrastructure submissions on March 18,
2015. See 80 FR 14019.
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related to the 2008 8-hour ozone
NAAQS is approvable.
b. Mississippi
Mississippi referenced its regional
haze program as germane to the
visibility component of section
110(a)(2)(J). As noted above, EPA has
determined that states do not need to
address the visibility component of
110(a)(2)(J) in infrastructure SIP
submittals so Mississippi does not need
to rely on its regional haze program to
fulfill its obligations under section
110(a)(2)(J). As such, EPA has made the
preliminary determination that it does
not need to address the visibility
protection element of section
110(a)(2)(J) in Mississippi’s
infrastructure SIP submission related to
the 2008 8-hour ozone NAAQS.
c. South Carolina
South Carolina referenced its regional
haze program as germane to the
visibility component of section
110(a)(2)(J). As noted above, EPA has
determined that states do not need to
address the visibility component of
110(a)(2)(J) in infrastructure SIP
submittals so South Carolina does not
need to rely on its regional haze
program to fulfill its obligations under
section 110(a)(2)(J). As such, EPA has
made the preliminary determination
that it does not need to address the
visibility protection element of section
110(a)(2)(J) in South Carolina’s
infrastructure SIP submission related to
the 2008 8-hour ozone NAAQS.
III. Final Action
Today, EPA is approving the portions
of the submissions from Alabama,
Mississippi, and South Carolina that
relate visibility requirements of
110(a)(2)(J) for the 2008 8-hour ozone
infrastructure SIPs for each state. EPA is
approving of these portions of these
submissions because they are consistent
with section 110 of the CAA.
EPA is publishing this rule without
prior proposal because the Agency
views this as a non-controversial
revision and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should relevant adverse comment be
filed. This rule will be effective on
October 13, 2015 without further notice
unless the Agency receives relevant
adverse comment by September 11,
2015. If EPA receives such comments,
EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
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48257
not take effect. EPA will address all
relevant adverse comment received
during the comment period in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so by September 11, 2015. If no
such comments are received, this rule
will be effective on October 13, 2015
and no further action will be taken on
the proposed rule.
IV. 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.
See 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 proposed
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 proposed 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 CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
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Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
With the exception of South Carolina,
the SIPs involved in this action are 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 as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law. With respect to
today’s action as it relates to South
Carolina, this direct final rule does not
have Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because it does not
have substantial direct effects on an
Indian Tribe. The Catawba Indian
Nation Reservation is located in the
York County, South Carolina Area.
Pursuant to the Catawba Indian Claims
Settlement Act, S.C. Code Ann. 27–16–
120, ‘‘all state and local environmental
laws and regulations apply to the
[Catawba Indian Nation] and
Reservation and are fully enforceable by
all relevant state and local agencies and
authorities.’’ EPA notes that today’s
action will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
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 October 13, 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 section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 30, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended 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 B—Alabama
2. Section 52.50(e), is amended by
adding a new entry for ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
2008 Ozone NAAQS’’ at the end of the
table to read as follows:
■
§ 52.50
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
Name of nonregulatory
SIP provision
*
110(a)(1) and (2) Infrastructure Requirements for the 2008
Ozone NAAQS.
Applicable geographic
or nonattainment area
*
*
Alabama ......................
Subpart Z—Mississippi
3. Section 52.1270(e), is amended by
adding a new entry for ‘‘110(a)(1) and
■
State submittal
date/effective
date
EPA approval date
8/20/2012
*
*
8/12/2015 [Insert citation of publication].
(2) Infrastructure Requirements for the
2008 Ozone NAAQS’’ at the end of the
table to read as follows:
Explanation
*
Addressing the visibility
110(a)(2)(J) only.
§ 52.1270
*
*
requirements
of
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
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Name of nonregulatory
SIP provision
*
110(a)(1) and (2) Infrastructure Requirements for the 2008
Ozone NAAQS.
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Applicable geographic
or nonattainment area
*
*
Mississippi ...................
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State submittal
date/effective
date
EPA approval date
7/26/2012
*
*
8/12/2015 [Insert citation of publication].
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Explanation
*
Addressing the visibility
110(a)(2)(J) only.
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requirements
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Subpart PP—South Carolina
4. Section 52.2120(e), is amended by
adding a new entry for ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
2008 Ozone NAAQS’’ at the end of the
table to read as follows:
§ 52.2120
*
48259
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS
Provision
State effective
date
*
*
110(a)(1) and (2) Infrastructure
Requirements for the 2008
Ozone NAAQS.
7/17/2012
[FR Doc. 2015–19840 Filed 8–11–15; 8:45 a.m.]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0336; FRL–9932–25–
Region 4]
Approval and Promulgation of
Implementation Plans; Florida;
Miscellaneous Changes
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State
Implementation Plan (SIP) revision
submitted by the State of Florida
through the Florida Department of
Environmental Protection (FDEP) on
May 1, 2015. This SIP revision seeks to
make changes to the SIP to remove
certain Stage I vapor control
requirements and to make
administrative changes to the SIP that
would remove gasoline vapor control
rules that no longer serve a regulatory
purpose, including rules related to the
Stage II vapor control requirements for
new and upgraded gasoline dispensing
facilities in Broward, Miami-Dade, and
Palm Beach Counties (hereinafter
referred to as the ‘‘Southeast Florida
Area’’). EPA has determined that
Florida’s May 1, 2015, SIP revision is
approvable because it is consistent with
the Clean Air Act (CAA or Act).
DATES: This direct final rule is effective
October 13, 2015 without further notice,
unless EPA receives adverse comment
by September 11, 2015. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
18:35 Aug 11, 2015
Jkt 235001
EPA approval date
*
*
8/12/2015 [Insert citation of
publication].
Explanation
*
*
*
Addressing the visibility requirements of 110(a)(2)(J) only.
OAR–2015–0336, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4–ARMS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR- 2015–
0336,’’ Air Regulatory Management
Section (formerly Regulatory
Development Section), Air Planning and
Implementation Branch (formerly Air
Planning Branch), Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Ms.
Lynorae Benjamin, Chief, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2015–
0336’’ EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information
may not be publicly available, i.e., CBI
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person 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 Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, Air Regulatory
Management Section, Air Planning and
E:\FR\FM\12AUR1.SGM
12AUR1
]]>Agencies
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Rules and Regulations]
[Pages 48255-48259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19840]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0177; FRL-9932-30-Region 4]
Approval and Promulgation of Implementation Plans; Alabama,
Mississippi and South Carolina; Certain Visibility Requirements for the
2008 Ozone Standards
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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[[Page 48256]]
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve portions of submissions from Alabama,
Mississippi, and South Carolina for inclusion into each State's
implementation plan. This action pertains to the Clean Air Act (CAA or
Act) infrastructure requirements for the 2008 8-hour ozone National
Ambient Air Quality Standards (NAAQS). The CAA requires that each state
adopt and submit a state implementation plan (SIP) for the
implementation, maintenance, and enforcement of each NAAQS promulgated
by EPA. These submissions are commonly referred to as ``infrastructure
SIP submissions''. Specifically, EPA is approving the portions of the
submissions from Alabama, Mississippi, and South Carolina that pertain
to a certain visibility requirement related to the 2008 8-hour ozone
infrastructure SIPs for each state. All other applicable infrastructure
requirements for the 2008 8-hour ozone NAAQS associated with these
States' infrastructure submissions have been or will be addressed in
separate rulemakings.
DATES: This direct final rule is effective on October 13, 2015 without
further notice, unless EPA receives relevant adverse comment by
September 11, 2015. If EPA receives such comment, EPA will publish a
timely withdrawal in the Federal Register informing the public that
this rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0177, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: 404-562-9019.
4. Mail: ``EPA-R04-OAR-2015-0177,'' Air Regulatory Management
Section, Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2015-0177''. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person 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 Federal holidays.
FOR FURTHER INFORMATION CONTACT: Nacosta Ward, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9140. Ms. Ward can be
reached via electronic mail at ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the requirements of sections 110(a)(1) and
(2) are to be submitted by states within three years after promulgation
of a new or revised NAAQS to provide for the implementation,
maintenance, and enforcement of the new or revised NAAQS. EPA has
historically referred to these SIP submissions made for the purpose of
satisfying the requirements of CAA sections 110(a)(1) and 110(a)(2) as
``infrastructure SIP'' submissions. Sections 110(a)(1) and (2) require
states to address basic SIP elements such as for monitoring, basic
program requirements and legal authority that are designed to assure
attainment and maintenance of the newly established or revised NAAQS.
More specifically, section 110(a)(1) provides the procedural and timing
requirements for SIPs. Section 110(a)(2) lists specific elements that
states must meet for the ``infrastructure'' SIP requirements related to
a newly established or revised NAAQS. The contents of an infrastructure
SIP submission may vary depending upon the data and analytical tools
available to the state, as well as the provisions already contained in
the state's implementation plan at the time in which the state develops
and submits the submission for a new or revised NAAQS.
On March 27, 2008, EPA promulgated a revised NAAQS for ozone based
on 8-hour average concentrations. EPA revised the level of the 8-hour
ozone NAAQS to 0.075 parts per million. See 77 FR 16436. States were
required to submit infrastructure SIP submissions for the 2008 8-hour
ozone NAAQS to EPA by March 2011. Infrastructure SIPs for the 2008 8-
hour ozone NAAQS were provided on August 20, 2012, for Alabama; on May
29, 2012, and resubmitted July 26, 2012, for Mississippi; and on July
17, 2012, for South Carolina. Through this action, EPA is proposing
approval of the
[[Page 48257]]
visibility requirements of section 110(a)(2)(J) for the infrastructure
SIP submissions from the states of Alabama, Mississippi, and South
Carolina for the 2008 8-hour ozone NAAQS. All other applicable
infrastructure requirements for the 2008 8-hour ozone NAAQS associated
with these States have been or will be addressed in separate
rulemakings.\1\
---------------------------------------------------------------------------
\1\ With the exception of provisions pertaining to prevention of
significant deterioration (PSD) permitting, interstate transport,
and visibility protection requirements, EPA took action on the
infrastructure SIP submissions for Alabama, Mississippi and South
Carolina for the 2008 8-hour ozone NAAQS on 80 FR 17689 (April 2,
2015), 80 FR 11131 (March 2, 2015), and 80 FR 11136 (March 2, 2015),
respectively. EPA took action for the PSD portions of the Alabama,
Mississippi and South Carolina infrastructure submissions on March
18, 2015. See 80 FR 14019.
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II. What is EPA's analyses of submittals from Alabama, Mississippi and
South Carolina for Section 110(a)(2)(J) in relation to visibility?
EPA's September 13, 2013, memorandum entitled ``Guidance on
Infrastructure State Implementation Plan (SIP) Elements under Clean Air
Act Sections 110(a)(1) and 110(a)(2)''notes that EPA does not treat the
visibility protection aspects of section 110(a)(2)(J) as applicable for
purposes of the infrastructure SIP approval process. EPA recognizes
that states are subject to visibility protection and regional haze
program requirements under Part C of the Act (which includes sections
169A and 169B). However, in the event of the establishment of a new
primary NAAQS, the visibility protection and regional haze program
requirements under part C of the CAA do not change. Thus, EPA does not
expect state infrastructure SIP submittals to address the visibility
component of this element. Below provides more detail on how Alabama,
Mississippi and South Carolina addressed the visibility requirements of
section 110(a)(2)(J).
a. Alabama
As noted above, there are no newly applicable visibility protection
obligations after the promulgation of a new or revised NAAQS. Thus, EPA
has determined that states do not need to address the visibility
component of 110(a)(2)(J) in infrastructure SIP submittals. In
accordance with EPA's guidance, Alabama did not address the section
110(a)(2)(J) visibility element in its infrastructure SIP submission.
Because states do not need to address this element, EPA has made the
determination that Alabama's infrastructure SIP submission for the
section 110(a)(2)(J) visibility element related to the 2008 8-hour
ozone NAAQS is approvable.
b. Mississippi
Mississippi referenced its regional haze program as germane to the
visibility component of section 110(a)(2)(J). As noted above, EPA has
determined that states do not need to address the visibility component
of 110(a)(2)(J) in infrastructure SIP submittals so Mississippi does
not need to rely on its regional haze program to fulfill its
obligations under section 110(a)(2)(J). As such, EPA has made the
preliminary determination that it does not need to address the
visibility protection element of section 110(a)(2)(J) in Mississippi's
infrastructure SIP submission related to the 2008 8-hour ozone NAAQS.
c. South Carolina
South Carolina referenced its regional haze program as germane to
the visibility component of section 110(a)(2)(J). As noted above, EPA
has determined that states do not need to address the visibility
component of 110(a)(2)(J) in infrastructure SIP submittals so South
Carolina does not need to rely on its regional haze program to fulfill
its obligations under section 110(a)(2)(J). As such, EPA has made the
preliminary determination that it does not need to address the
visibility protection element of section 110(a)(2)(J) in South
Carolina's infrastructure SIP submission related to the 2008 8-hour
ozone NAAQS.
III. Final Action
Today, EPA is approving the portions of the submissions from
Alabama, Mississippi, and South Carolina that relate visibility
requirements of 110(a)(2)(J) for the 2008 8-hour ozone infrastructure
SIPs for each state. EPA is approving of these portions of these
submissions because they are consistent with section 110 of the CAA.
EPA is publishing this rule without prior proposal because the
Agency views this as a non-controversial revision and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comment be filed. This rule will be effective on
October 13, 2015 without further notice unless the Agency receives
relevant adverse comment by September 11, 2015. If EPA receives such
comments, EPA will publish a document withdrawing the final rule and
informing the public that the rule will not take effect. EPA will
address all relevant adverse comment received during the comment period
in a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so by September 11, 2015. If no such
comments are received, this rule will be effective on October 13, 2015
and no further action will be taken on the proposed rule.
IV. 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. See 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
proposed 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 proposed 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 CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human
[[Page 48258]]
health or environmental effects, using practicable and legally
permissible methods, under Executive Order 12898 (59 FR 7629, February
16, 1994).
With the exception of South Carolina, the SIPs involved in this
action are 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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law. With respect to
today's action as it relates to South Carolina, this direct final rule
does not have Tribal implications as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), because it does not have substantial
direct effects on an Indian Tribe. The Catawba Indian Nation
Reservation is located in the York County, South Carolina Area.
Pursuant to the Catawba Indian Claims Settlement Act, S.C. Code Ann.
27-16-120, ``all state and local environmental laws and regulations
apply to the [Catawba Indian Nation] and Reservation and are fully
enforceable by all relevant state and local agencies and authorities.''
EPA notes that today's action will not impose substantial direct costs
on Tribal governments or preempt Tribal law.
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 October 13, 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 section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: July 30, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
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 B--Alabama
0
2. Section 52.50(e), is amended by adding a new entry for ``110(a)(1)
and (2) Infrastructure Requirements for the 2008 Ozone NAAQS'' at the
end of the table to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of nonregulatory SIP geographic or date/effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Alabama........... 8/20/2012 8/12/2015 [Insert Addressing the
Infrastructure Requirements citation of visibility
for the 2008 Ozone NAAQS. publication]. requirements of
110(a)(2)(J) only.
----------------------------------------------------------------------------------------------------------------
Subpart Z--Mississippi
0
3. Section 52.1270(e), is amended by adding a new entry for ``110(a)(1)
and (2) Infrastructure Requirements for the 2008 Ozone NAAQS'' at the
end of the table to read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Mississippi Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of nonregulatory SIP geographic or date/effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Mississippi....... 7/26/2012 8/12/2015 [Insert Addressing the
Infrastructure Requirements citation of visibility
for the 2008 Ozone NAAQS. publication]. requirements of
110(a)(2)(J) only.
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[[Page 48259]]
Subpart PP--South Carolina
4. Section 52.2120(e), is amended by adding a new entry for
``110(a)(1) and (2) Infrastructure Requirements for the 2008 Ozone
NAAQS'' at the end of the table to read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(e) * * *
EPA-Approved South Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State effective
Provision date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure 7/17/2012 8/12/2015 [Insert Addressing the visibility
Requirements for the 2008 Ozone NAAQS. citation of requirements of 110(a)(2)(J)
publication]. only.
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[FR Doc. 2015-19840 Filed 8-11-15; 8:45 a.m.]
BILLING CODE 6560-50-P
