Air Plan Approval; Ohio; Regional Haze Glatfelter BART SIP Revision, 11445-11447 [2016-04730]
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Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 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 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.
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 May 3, 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 section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Greenhouse gases,
Incorporation by reference,
Intergovernmental relations, Particulate
matter, Reporting and recordkeeping
requirements.
jstallworth on DSK7TPTVN1PROD with RULES
Dated: February 23, 2016.
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:
■
VerDate Sep<11>2014
13:44 Mar 03, 2016
Jkt 238001
AUTHORITY:
42.U.S.C. 7401 et seq.
Subpart L—Georgia
2. Amend § 52.572 by designating the
existing undesignated paragraph as
paragraph (a) and adding paragraph (b)
to read as follows:
■
§ 52.572
Approval status.
*
*
*
*
*
(b) Disapproval. Submittal from the
State of Georgia, through the Georgia’s
Department of Natural Resources
Environmental Protection Division
(EPD) on January 13, 2011, that would
allow for the automatic rescission of
federal permitting-related requirements
in certain circumstances. EPA is
disapproving a portion of the SIP
submittal related to a provision (at 391–
3–1–.02(7)(a)(2)(iv)) that would
automatically rescind portions of
Georgia’s State Implementation Plan in
the wake of certain court decisions or
other triggering events (the automatic
rescission clause).
[FR Doc. 2016–04746 Filed 3–3–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2014–0362; FRL–9943–29–
Region 5]
Air Plan Approval; Ohio; Regional
Haze Glatfelter BART SIP Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
extend the compliance date for the Best
Available Retrofit Technology (BART)
emission limits for sulfur dioxide (SO2)
at the P.H. Glatfelter Company
(Glatfelter) facility submitted as part of
its State Implementation Plan (SIP)
Revision on April 14, 2014. Specifically,
EPA is extending the compliance date
for the SO2 emission limits applicable to
Boilers No. 7 and No. 8 at Glatfelter by
25 months, from December 31, 2014, to
January 31, 2017. We have reviewed this
SIP revision and concluded that it meets
the requirements of the Clean Air Act
and the regional haze rule and because
BART requirements continue to be met.
DATES: This final rule is effective on
April 4, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2014–0362. All
documents in the docket are listed on
SUMMARY:
PO 00000
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11445
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(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 through
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Gilberto
Alvarez, Environmental Engineer, at
(312) 886–6143 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Gilberto Alvarez, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6143,
alvarez.gilberto@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What is the background for this action?
II. What action is EPA taking?
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this
action?
On July 2, 2012, EPA approved Ohio’s
Regional Haze SIP (77 FR 39177). Ohio’s
Regional Haze SIP included the
applicability of BART to the State’s only
non-utility BART source, Glatfelter, in
Chillicothe, Ohio. The BART
requirement specified that two of the
coal-fired boilers at this facility, No. 7
and No. 8, install control technology to
limit the amount of SO2 emissions from
the boilers. The compliance date for
BART emission reductions was
scheduled to be December 31, 2014. The
compliance date was aligned with
Glatfelter’s expected compliance date
for the Industrial Boiler Maximum
Achievable Control Technology (MACT)
requirements finalized by EPA in May,
2011 (76 FR 28862).
On February 6, 2014, Ohio EPA
received a request from Glatfelter to
extend the original compliance date to
January 31, 2017. The extension request
E:\FR\FM\04MRR1.SGM
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11446
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations
is based on the litigation, revision and
new compliance date associated with
the Industrial Boiler MACT. Under EPA
regulations (40 CFR 51.308(3)(1)(iv)),
BART is to be implemented ‘‘as
expeditiously as practicable, but in no
event later than 5 years after approval of
the implementation plan revision.’’ The
required compliance date is July 2,
2017.
This rulemaking addresses an April
14, 2014, submission supplemented on
July 27, 2015, from the Ohio EPA to
extend the compliance date from
December 31, 2014, to January 31, 2017.
One of the requests within the April 14,
2014, SIP revision includes ‘‘the
requirement that P.H. Glatfelter submit
an application for modification of the
federally enforceable permit (that will
include a compliance date outlining, at
a minimum, the specific, selected
control technologies and methods of
compliance) from December 31, 2013, to
requiring the submittal provide for
sufficient time for Ohio EPA to include
these requirements, along with any
appropriate monitoring, record keeping
and reporting requirements, in the
federally enforceable permit by no later
than January 31, 2017.’’
Ohio EPA supplemented its original
submittal on July 27, 2015, with a
revised federally enforceable permit for
Glatfelter that included the new
compliance date. Ohio EPA made the
federally enforceable permit available
for public comment on June 6, 2015,
and comments were accepted through
July 7, 2015. The Ohio EPA consulted
the Federal Land Managers and
included them in the public comment
process. Two comments were received
and those comments, along with Ohio
EPA’s responses were included in the
July 27, 2015, submittal.
jstallworth on DSK7TPTVN1PROD with RULES
II. What action is EPA taking?
The CAA and the Regional Haze Rule
require BART controls to be installed as
expeditiously as practicable, but in no
event later than five years after approval
of the Regional Haze implementation
plan revision. The proposed rulemaking
associated with this final action was
published on December 9, 2015 (236 FR
76403), and EPA received no comments
during the comment period, which
ended on January 8, 2016. EPA is
therefore taking final action to approve,
as proposed, Ohio’s submission.
III. Final Action
EPA is approving a revision to the
Ohio SIP submitted by the State of Ohio
on April 14, 2014, supplemented on
July 27, 2015, related to BART
requirements for Glatfelter. Specifically,
EPA is extending the compliance date
VerDate Sep<11>2014
13:44 Mar 03, 2016
Jkt 238001
for the SO2 emission limits applicable to
Boilers No. 7 and No. 8 at Glatfelter by
25 months from December 31, 2014, to
January 31, 2017.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Ohio permit
described in the amendments to 40 CFR
part 52 set forth below. EPA has made,
and will continue to make, these
documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under Executive
Orders 12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21, 2011);
• Does not impose an information
collection burden under the provisions of the
Paperwork Reduction Act (44 U.S.C. 3501 et
seq.);
• Is certified as not having a significant
economic impact on a substantial number of
small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
• Does not contain any unfunded mandate
or significantly or uniquely affect small
governments, 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
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human health
or environmental effects, using practicable
and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February
16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 3, 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 section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Sulfur oxides.
Dated: February 22, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
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11447
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1870
2. In § 52.1870, the table in paragraph
(d) is amended by revising the entry for
‘‘P.H. Glatfelter Co.—Chillicothe’’ to
read as follows:
■
1. The authority citation for part 52
continues to read as follows:
■
*
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED OHIO SOURCE-SPECIFIC PROVISIONS
Ohio effective
date
Name of source
Number
*
*
P.H. Glatfelter Co.—Chillicothe ...
*
P0118907 ....................................
*
*
*
*
*
*
*
*
Centers for Medicare & Medicaid
Services
42 CFR Part 435
Eligibility in the States, District of
Columbia, the Northern Mariana
Islands, and American Samoa
CFR Correction
In Title 42 of the Code of Federal
Regulations, Parts 430 to 481, revised as
of October 1, 2015, on page 161, in
§ 435.301, in paragraph (b)(2)(iii),
remove the term ‘‘425.330.320’’ and add
the term ‘‘425.320’’ in its place.
[FR Doc. 2016–04872 Filed 3–3–16; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 495
[CMS–3310 & 3311–F2]
RINs 0938–AS26 and AS58
Medicare and Medicaid Programs;
Electronic Health Record Initiative
Program—Stage 3 and Modifications to
Meaningful Use in 2015 Through 2017;
Corrections and Correcting
Amendment
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule; corrections and
correcting amendment.
AGENCY:
Jkt 238001
*
Regional haze BART
emissions limits.
*
*
Medicaid EHR Incentive Programs. In
addition, it established the requirements
for Stage 3 of the program as optional
in 2017 and required for all participants
beginning in 2018. The final rule with
comment period continues to encourage
the electronic submission of clinical
quality measure (CQM) data, establishes
requirements to transition the program
to a single stage, and aligns reporting for
providers in the Medicare and Medicaid
EHR Incentive Programs.
I. Background
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
jstallworth on DSK7TPTVN1PROD with RULES
*
*
*
03/04/16, [Insert Federal
Register citation].
On page 62767, in our discussion of
certified EHR technology requirements
for the EHR Incentive Program, we made
a typographical error in the word ‘‘use’’
in the sentence specifying that providers
may continue to use technology
certified to the 2014 Edition until EHR
technology certified to the 2015 Edition
is required with an EHR reporting
period beginning in 2018.
On page 62801, in our response to the
public comment regarding ‘‘Objective 4:
Electronic Prescribing’’ we made a
typographical error in the word
‘‘distinguish’’ in the sentence specifying
that we will no longer distinguish
between prescriptions for controlled
substances.
On page 62806, in our response to a
public comment regarding ‘‘Objective 4:
Electronic Prescribing’’ and the
pathways acceptable for transmitting
Summary of Care records, we
inadvertently omitted the word ‘‘have’’
in the sentence specifying that to count
in the numerator the sending provider
must have reasonable certainty of
receipt of the summary of care
document. In addition, there is
typographical error and the word
‘‘obtain’’ was omitted causing an
incomplete sentence which reads
‘‘Instead, r the referring provider must
confirmation’’. This sentence is
SUMMARY:
BILLING CODE 6560–50–P
13:44 Mar 03, 2016
07/20/15
Comments
This document corrects
certain technical and typographical
errors that appeared in the October 16,
2015 final rule with comment period
titled ‘‘Medicare and Medicaid
Programs; Electronic Health Record
Incentive Program—Stage 3 and
Modifications to Meaningful Use in
2015 through 2017.’’
DATES: This document is effective on
March 4, 2016.
FOR FURTHER INFORMATION CONTACT:
Kateisha Martin, (410) 786–4651.
SUPPLEMENTARY INFORMATION:
*
[FR Doc. 2016–04730 Filed 3–3–16; 8:45 am]
VerDate Sep<11>2014
*
EPA approval date
In FR Doc. 2015–25595 of October 16,
2015 (80 FR 62762), in the final rule
with comment period titled ‘‘Medicare
and Medicaid Programs; Electronic
Health Record Incentive Program—Stage
3 and Modifications to Meaningful Use
in 2015 through 2017’’ (hereafter
referred to as the ‘‘2015 EHR Incentive
Programs final rule with comment
period’’), there were a number of
technical errors that are identified and
corrected in this correcting amendment.
The provisions in this document are
treated as if they had been included in
the 2015 EHR Incentive Programs final
rule with comment period.
In the 2015 EHR Incentive Programs
final rule with comment period, we
specified the requirements that eligible
professionals (EPs), eligible hospitals,
and critical access hospitals (CAHs)
must meet in order to participate in the
Medicare and Medicaid EHR Incentive
Programs and successfully demonstrate
meaningful use of certified EHR
technology. In addition, it changed the
Medicare and Medicaid EHR Incentive
Programs reporting period in 2015 to a
90-day period aligned with the calendar
year. It also removed reporting
requirements on measures that have
become redundant, duplicative, or
topped out from the Medicare and
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II. Summary of Errors
A. Summary of Errors in the Preamble
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]]>Agencies
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Rules and Regulations]
[Pages 11445-11447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04730]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2014-0362; FRL-9943-29-Region 5]
Air Plan Approval; Ohio; Regional Haze Glatfelter BART SIP
Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to extend the compliance date for the Best Available Retrofit
Technology (BART) emission limits for sulfur dioxide (SO2)
at the P.H. Glatfelter Company (Glatfelter) facility submitted as part
of its State Implementation Plan (SIP) Revision on April 14, 2014.
Specifically, EPA is extending the compliance date for the
SO2 emission limits applicable to Boilers No. 7 and No. 8 at
Glatfelter by 25 months, from December 31, 2014, to January 31, 2017.
We have reviewed this SIP revision and concluded that it meets the
requirements of the Clean Air Act and the regional haze rule and
because BART requirements continue to be met.
DATES: This final rule is effective on April 4, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2014-0362. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (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 through www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Gilberto Alvarez,
Environmental Engineer, at (312) 886-6143 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Gilberto Alvarez, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6143,
alvarez.gilberto@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is the background for this action?
II. What action is EPA taking?
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this action?
On July 2, 2012, EPA approved Ohio's Regional Haze SIP (77 FR
39177). Ohio's Regional Haze SIP included the applicability of BART to
the State's only non-utility BART source, Glatfelter, in Chillicothe,
Ohio. The BART requirement specified that two of the coal-fired boilers
at this facility, No. 7 and No. 8, install control technology to limit
the amount of SO2 emissions from the boilers. The compliance
date for BART emission reductions was scheduled to be December 31,
2014. The compliance date was aligned with Glatfelter's expected
compliance date for the Industrial Boiler Maximum Achievable Control
Technology (MACT) requirements finalized by EPA in May, 2011 (76 FR
28862).
On February 6, 2014, Ohio EPA received a request from Glatfelter to
extend the original compliance date to January 31, 2017. The extension
request
[[Page 11446]]
is based on the litigation, revision and new compliance date associated
with the Industrial Boiler MACT. Under EPA regulations (40 CFR
51.308(3)(1)(iv)), BART is to be implemented ``as expeditiously as
practicable, but in no event later than 5 years after approval of the
implementation plan revision.'' The required compliance date is July 2,
2017.
This rulemaking addresses an April 14, 2014, submission
supplemented on July 27, 2015, from the Ohio EPA to extend the
compliance date from December 31, 2014, to January 31, 2017. One of the
requests within the April 14, 2014, SIP revision includes ``the
requirement that P.H. Glatfelter submit an application for modification
of the federally enforceable permit (that will include a compliance
date outlining, at a minimum, the specific, selected control
technologies and methods of compliance) from December 31, 2013, to
requiring the submittal provide for sufficient time for Ohio EPA to
include these requirements, along with any appropriate monitoring,
record keeping and reporting requirements, in the federally enforceable
permit by no later than January 31, 2017.''
Ohio EPA supplemented its original submittal on July 27, 2015, with
a revised federally enforceable permit for Glatfelter that included the
new compliance date. Ohio EPA made the federally enforceable permit
available for public comment on June 6, 2015, and comments were
accepted through July 7, 2015. The Ohio EPA consulted the Federal Land
Managers and included them in the public comment process. Two comments
were received and those comments, along with Ohio EPA's responses were
included in the July 27, 2015, submittal.
II. What action is EPA taking?
The CAA and the Regional Haze Rule require BART controls to be
installed as expeditiously as practicable, but in no event later than
five years after approval of the Regional Haze implementation plan
revision. The proposed rulemaking associated with this final action was
published on December 9, 2015 (236 FR 76403), and EPA received no
comments during the comment period, which ended on January 8, 2016. EPA
is therefore taking final action to approve, as proposed, Ohio's
submission.
III. Final Action
EPA is approving a revision to the Ohio SIP submitted by the State
of Ohio on April 14, 2014, supplemented on July 27, 2015, related to
BART requirements for Glatfelter. Specifically, EPA is extending the
compliance date for the SO2 emission limits applicable to
Boilers No. 7 and No. 8 at Glatfelter by 25 months from December 31,
2014, to January 31, 2017.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Ohio
permit described in the amendments to 40 CFR part 52 set forth below.
EPA has made, and will continue to make, these documents generally
available electronically through www.regulations.gov and/or in hard
copy at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January
21, 2011);
Does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.);
Is certified as not having a significant economic
impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly
or uniquely affect small governments, 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 health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16,
1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 3, 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 section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Sulfur oxides.
Dated: February 22, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
[[Page 11447]]
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.
0
2. In Sec. 52.1870, the table in paragraph (d) is amended by revising
the entry for ``P.H. Glatfelter Co.--Chillicothe'' to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Ohio Source-Specific Provisions
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Ohio effective
Name of source Number date EPA approval date Comments
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* * * * * * *
P.H. Glatfelter Co.--Chillicothe.. P0118907............. 07/20/15 03/04/16, [Insert Federal Register Regional haze BART emissions limits.
citation].
* * * * * * *
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* * * * *
[FR Doc. 2016-04730 Filed 3-3-16; 8:45 am]
BILLING CODE 6560-50-P
