Approval and Promulgation of Air Quality Implementation Plans; 2008 Ozone NAAQS Interstate Transport for Colorado, Montana, North Dakota and South Dakota, 7706-7708 [2016-02959]
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Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this rule under that Order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
E.O. 13132.
Also, this rule does not have tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
mstockstill on DSK4VPTVN1PROD with RULES
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting less than 4 days that will
prohibit entry within 1500 feet of the M/
V SS DEL MONTE along the James
River. It is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
VerDate Sep<11>2014
17:32 Feb 12, 2016
Jkt 238001
discovery of a significant environmental
impact from this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0701 to read as
follows:
■
165.T05–0202 Safety Zone, James River;
Newport News, VA.
(a) Definitions. For the purposes of
this section, Captain of the Port means
the Commander, Sector Hampton Roads.
Representative means any Coast Guard
commissioned, warrant or petty officer
who has been authorized to act on the
behalf of the Captain of the Port.
Participants mean individuals and
vessels involved in explosives training.
(b) Locations. The following area is a
safety zone:
(1) All waters in the vicinity of the of
the James River Reserve Fleet, in the
James River, within a 1500 foot radius
of the M/V SS DEL MONTE in
approximate position 37°06′11″ N.,
076°38′40″ W. (NAD 1983).
(c) Regulations. (1) All persons are
required to comply with the general
regulations governing safety zones in
§ 165.23 of this part.
(2) With the exception of participants,
entry into or remaining in this safety
zone is prohibited unless authorized by
the Captain of the Port, Hampton Roads
or his designated representatives.
(3) All vessels underway within this
safety zone at the time it is implemented
are to depart the zone immediately.
(4) The Captain of the Port, Hampton
Roads or his representative can be
contacted at telephone number (757)
668–5555.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
(5) The Coast Guard and designated
James River Reserve Fleet security
vessels enforcing the safety zone can be
contacted on VHF–FM marine band
radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
(6) This section applies to all persons
or vessels wishing to transit through the
safety zone except participants and
vessels that are engaged in the following
operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation; and
(iii) Emergency response vessels.
(7) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the safety zone by Federal, State, and
local agencies.
(d) Enforcement period. This rule will
be enforced from 8 a.m. on February 29,
2016 through 4 p.m. on March 4, 2016.
Dated: January 13, 2016.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2016–03090 Filed 2–12–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2015–0670; FRL–9942–31–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; 2008
Ozone NAAQS Interstate Transport for
Colorado, Montana, North Dakota and
South Dakota
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) submissions
from the states of Colorado, Montana,
North Dakota and South Dakota that are
intended to demonstrate that the SIP for
each respective state meets certain
interstate transport requirements of the
Clean Air Act (Act or CAA) for the 2008
8-hour ozone National Ambient Air
Quality Standards (NAAQS). These
submissions address the requirement
that each SIP contain adequate
provisions prohibiting air emissions that
will have certain adverse air quality
effects in other states. The EPA is
approving these SIPs for all four states
as containing adequate provisions to
ensure that air emissions in the states do
not significantly contribute to
nonattainment or interfere with
maintenance of the 2008 8-hour ozone
NAAQS in any other state.
SUMMARY:
E:\FR\FM\16FER1.SGM
16FER1
Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations
This final rule is effective on
March 17, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification Number EPA–R08–OAR–
2015–0670. All documents in the docket
are listed on the https://
www.regulations.gov index. Although
listed in the index, some information
may not be publicly available, e.g.,
Confidential Business Information or
other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver,
Colorado, 80202–1129. EPA requests
that you contact the individual listed in
the FOR FURTHER INFORMATION CONTACT
section to view the hard copy of the
docket. You may view the hard copy of
the docket Monday through Friday, 8:00
a.m. to 4:00 p.m., excluding federal
holidays.
DATES:
FOR FURTHER INFORMATION CONTACT:
Adam Clark, Air Program, U.S.
Environmental Protection Agency,
Region 8, Mailcode 8P–AR, 1595
Wynkoop, Denver, Colorado 80202–
1129, (303) 312–7104, clark.adam@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 23, 2015, the EPA
proposed to approve submittals from
Colorado, Montana, North Dakota and
South Dakota as meeting the interstate
transport requirements of CAA section
110(a)(2)(D)(i)(I) for the 2008 ozone
NAAQS (80 FR 72937). An explanation
of the CAA requirements, a detailed
analysis of the states’ submittals, and
the EPA’s rationale for approval of each
submittal were all provided in the
notice of proposed rulemaking, and will
not be restated here. The public
comment period for this proposed rule
ended on December 23, 2015. The EPA
received no comments on the proposal.
mstockstill on DSK4VPTVN1PROD with RULES
II. Final Action
The EPA is approving the following
submittals as meeting the interstate
transport requirements of CAA section
110(a)(2)(D)(i)(I) for the 2008 8-hour
ozone NAAQS: Colorado’s December 31,
2012 submission; Montana’s January 3,
2013 submission; North Dakota’s March
8, 2013 submission; and South Dakota’s
May 30, 2013 submission. This action is
VerDate Sep<11>2014
17:32 Feb 12, 2016
Jkt 238001
being taken under section 110 of the
CAA.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state actions,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law provisions as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP does not apply on
any Indian reservation land or in any
other area where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
7707
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 18, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 25, 2016. Signed:
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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7708
Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations
Subpart G—Colorado
§ 52.1393 Interstate transport
requirements.
2. Section 52.352 is amended by
adding paragraph (d) to read as follows:
*
■
§ 52.352
Interstate transport.
*
*
*
*
*
(d) Addition to the Colorado State
Implementation Plan of the Colorado
Interstate Transport SIP regarding 2008
Ozone Standards for both of the CAA
section 110(a)(2)(D)(i)(I) requirements
submitted to EPA on December 31,
2012.
Subpart BB—Montana
*
*
*
*
(c) EPA is approving both elements of
CAA section 110(a)(2)(D)(i)(I) for the
2008 ozone NAAQS, which was
submitted to EPA on January 3, 2013.
4. Section 52.1833 is amended by
adding paragraph (e) to read as follows:
■
§ 52.2170
*
§ 52.1833 Section 110(a)(2) infrastructure
requirements.
Identification of plan.
*
*
(e) * * *
*
*
*
*
*
*
(e) EPA is approving both elements of
CAA section 110(a)(2)(D)(i)(I) for the
State effective
date
*
*
*
XIX. Section 110(a)(2)(D)(i)(I) Interstate Transport
Requirements for the 2008 8-hour Ozone
NAAQS.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0840; FRL–9942–39–
Region 7]
Approval of Iowa’s State
Implementation Plan (SIP); Electronic
Reporting Consistent With the CrossMedia Electronic Reporting Rule
(CROMERR)
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a SIP
revision submitted by the State of Iowa.
The revision pertains to the approval of
Iowa’s CROMERR submission which
was published in the Federal Register
on December 9, 2015, and will revise
the Iowa SIP to provide for electronic
submittal of emission inventory data.
DATES: This direct final rule will be
effective April 18, 2016, without further
notice, unless EPA receives adverse
comment by March 17, 2016. If EPA
receives adverse comment, we will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
SUMMARY:
Jkt 238001
EPA Effective
date
*
Final rule citation, date
*
5/21/13
3/2/15
*
80 FR 4799, 1/29/15
Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2015–0840, to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Heather Hamilton, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
913–551–7039, or by email at
Hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA.
ADDRESSES:
[FR Doc. 2016–02959 Filed 2–12–16; 8:45 am]
mstockstill on DSK4VPTVN1PROD with RULES
5. Section 52.2170, paragraph (e), is
amended by adding the entry ‘‘XIX.
Section 110(a)(2)(D)(i)(I) Infrastructure
Requirements for the 2008 8-hour Ozone
NAAQS’’ to read as follows:
■
Subpart JJ—North Dakota
Rule title
17:32 Feb 12, 2016
Subpart QQ—South Dakota
*
3. Section 52.1393 is amended by
adding paragraph (c) to read as follows:
■
VerDate Sep<11>2014
2008 ozone NAAQS, which was
submitted to EPA on March 8, 2013.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Comments
*
I. Background
On November 4, 2008, Iowa submitted
several revisions to EPA for approval
into the SIP. On December 30, 2009,
EPA took direct final action to approve
the revisions to the SIP. (74 FR 68692).
However, EPA did not act on several
state administrative regulations that
provided for electronic submittal of
emissions inventory information,
construction permit applications, and
Title V operating permit applications, as
Iowa had not obtained approval of its
electronic document receiving system as
required by the Cross-Media Electronic
Reporting Rule (CROMERR) found at 40
CFR part 3 (70 FR 59848). Therefore,
EPA did not take action on the
electronic emissions inventory
submittal provisions of Iowa
Administrative Code (IAC) 567–21.1(3).
On December 9, 2015, EPA approved
Iowa’s CROMERR application for
electronic reporting of emissions
information through its State and Local
Emissions Inventory System (SLEIS).
(80 FR 76474). Accordingly, EPA is
approving IAC 567–21–1(3) in to the SIP
to allow for electronic submittal of
emissions inventory data.
II. EPA’s Evaluation
Section 110(1) of the Federal Clean
Air Act (CAA) states that each revision
to an implementation plan submitted by
a state under this chapter shall be
adopted by such state after reasonable
notice and public hearing. In the
November 4, 2008, submittal for rule
IAC 567–21.1(3), Iowa provided
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]]>Agencies
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Rules and Regulations]
[Pages 7706-7708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02959]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2015-0670; FRL-9942-31-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
2008 Ozone NAAQS Interstate Transport for Colorado, Montana, North
Dakota and South Dakota
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) submissions from the states of Colorado,
Montana, North Dakota and South Dakota that are intended to demonstrate
that the SIP for each respective state meets certain interstate
transport requirements of the Clean Air Act (Act or CAA) for the 2008
8-hour ozone National Ambient Air Quality Standards (NAAQS). These
submissions address the requirement that each SIP contain adequate
provisions prohibiting air emissions that will have certain adverse air
quality effects in other states. The EPA is approving these SIPs for
all four states as containing adequate provisions to ensure that air
emissions in the states do not significantly contribute to
nonattainment or interfere with maintenance of the 2008 8-hour ozone
NAAQS in any other state.
[[Page 7707]]
DATES: This final rule is effective on March 17, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification Number EPA-R08-OAR-2015-0670. All documents in the
docket are listed on the https://www.regulations.gov index. Although
listed in the index, some information may not be publicly available,
e.g., Confidential Business Information or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
through https://www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado, 80202-1129. EPA requests that you contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You may view the hard copy of the
docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: Adam Clark, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129, (303) 312-7104,
clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 23, 2015, the EPA proposed to approve submittals from
Colorado, Montana, North Dakota and South Dakota as meeting the
interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for
the 2008 ozone NAAQS (80 FR 72937). An explanation of the CAA
requirements, a detailed analysis of the states' submittals, and the
EPA's rationale for approval of each submittal were all provided in the
notice of proposed rulemaking, and will not be restated here. The
public comment period for this proposed rule ended on December 23,
2015. The EPA received no comments on the proposal.
II. Final Action
The EPA is approving the following submittals as meeting the
interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for
the 2008 8-hour ozone NAAQS: Colorado's December 31, 2012 submission;
Montana's January 3, 2013 submission; North Dakota's March 8, 2013
submission; and South Dakota's May 30, 2013 submission. This action is
being taken under section 110 of the CAA.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state actions,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law provisions as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP does not apply on any Indian reservation land
or in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 18, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 25, 2016. Signed:
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 7708]]
Subpart G--Colorado
0
2. Section 52.352 is amended by adding paragraph (d) to read as
follows:
Sec. 52.352 Interstate transport.
* * * * *
(d) Addition to the Colorado State Implementation Plan of the
Colorado Interstate Transport SIP regarding 2008 Ozone Standards for
both of the CAA section 110(a)(2)(D)(i)(I) requirements submitted to
EPA on December 31, 2012.
Subpart BB--Montana
0
3. Section 52.1393 is amended by adding paragraph (c) to read as
follows:
Sec. 52.1393 Interstate transport requirements.
* * * * *
(c) EPA is approving both elements of CAA section
110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS, which was submitted to EPA
on January 3, 2013.
Subpart JJ--North Dakota
0
4. Section 52.1833 is amended by adding paragraph (e) to read as
follows:
Sec. 52.1833 Section 110(a)(2) infrastructure requirements.
* * * * *
(e) EPA is approving both elements of CAA section
110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS, which was submitted to EPA
on March 8, 2013.
Subpart QQ--South Dakota
0
5. Section 52.2170, paragraph (e), is amended by adding the entry
``XIX. Section 110(a)(2)(D)(i)(I) Infrastructure Requirements for the
2008 8-hour Ozone NAAQS'' to read as follows:
Sec. 52.2170 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Final rule
Rule title State effective EPA Effective citation, Comments
date date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
XIX. Section 110(a)(2)(D)(i)(I) 5/21/13 3/2/15 80 FR 4799, ............................
Interstate Transport 1/29/15
Requirements for the 2008 8-
hour Ozone NAAQS.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-02959 Filed 2-12-16; 8:45 am]
BILLING CODE 6560-50-P
