Designation of Areas for Air Quality Planning Purposes; Redesignation Request and Associated Maintenance Plan for Billings, MT 2010 SO2, 28718-28720 [2016-10451]
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Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations
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.
§ 117.331
F. Environment
[FR Doc. 2016–10922 Filed 5–9–16; 8:45 am]
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a determination that this
action is one of a category of actions
which do not individually or
cumulatively have a significant effect on
the human environment. This rule
involves the operating regulations or
procedures for drawbridges. Normally
such actions are categorically excluded
from further review, under figure 2–1,
paragraph (32)(e), of the Instruction.
This rule simply promulgates the
operating regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
figure 2–1, paragraph (32)(e), of the
Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
BILLING CODE 9110–04–P
G. Protest Activities
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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 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
ehiers on DSK5VPTVN1PROD with RULES
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Revise § 117.331 to read as follows:
VerDate Sep<11>2014
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Snake Creek.
The draw of the Snake Creek Bridge,
at Islamorada, Florida, will open on
signal, except that from 7 a.m. to 6 p.m.,
the draw need open only on the hour.
Dated: May 4, 2016.
S. A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R08–OAR–2015–0205; FRL–9945–64–
Region 8]
Designation of Areas for Air Quality
Planning Purposes; Redesignation
Request and Associated Maintenance
Plan for Billings, MT 2010 SO2
Nonattainment Area
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State of
Montana’s request to redesignate the
Billings sulfur dioxide (SO2)
nonattainment area to attainment for the
2010 SO2 primary national ambient air
quality standards (NAAQS). The EPA
has determined that the Billings SO2
nonattainment area is attaining the 2010
SO2 primary NAAQS. In addition, the
EPA is approving Montana’s
maintenance plan which provides for
continued attainment of the 2010 SO2
primary NAAQS in the area. These
actions are being taken under the Clean
Air Act (CAA).
DATES: This final rule is effective on
June 9, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification Number EPA–R08–OAR–
2015–0205. 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,
SUMMARY:
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
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
The EPA designated a portion of
Billings, Montana, as nonattainment for
the 2010 SO2 NAAQS on August 5,
2013, (effective October 4, 2013) using
2009–2011 ambient air quality data,
leaving the remaining portion of Billings
and Yellowstone County undesignated
and subject to future analysis and
designation. See 78 FR 47191 (August 5,
2013).
On January 16, 2015, the State
submitted a request for the EPA to
determine that the Billings SO2
nonattainment area has attained the
2010 SO2 NAAQS per the EPA’s ‘‘clean
data policy.’’ On December 14, 2015, the
State submitted to the EPA a request for
redesignation of the Billings 2010 SO2
nonattainment area to attainment and a
SIP revision containing a maintenance
plan for the area.
On March 7, 2016, the EPA published
a notice of proposed rulemaking (NPR)
which proposed to approve the State’s
requests. See 81 FR 11733. Specifically,
the EPA proposed to take the following
four separate but related actions: (1)
Determine that the Billings SO2
nonattainment area is attaining the 2010
1-hour SO2 NAAQS; (2) approve
Montana’s plan for maintaining the
2010 1-hour SO2 NAAQS (maintenance
plan); (3) redesignate the Billings SO2
nonattainment area to attainment for the
2010 1-hour SO2 NAAQS; and (4)
determine that the Billings SO2
nonattainment area has clean
monitoring data. The details of
Montana’s submittal and the rationale
for EPA’s proposed actions are
explained in the NPR and will not be
restated here. The EPA received two
public comments on the NPR, both of
which supported the proposed
redesignation. We acknowledge these
supportive comments.
II. Final Action
The EPA is taking final actions on the
redesignation request and maintenance
E:\FR\FM\10MYR1.SGM
10MYR1
Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations
plan submitted by the State of Montana
on December 14, 2015 for the Billings
2010 SO2 nonattainment area. The EPA
is approving Montana’s redesignation
request because we have determined
that the request meets the redesignation
criteria set forth in section 107(d)(3)(E)
of the CAA for this standard. The EPA
finds that the monitoring data
demonstrate that the area has attained
the 2010 SO2 NAAQS, and continues to
attain the NAAQS as a result of the
permanent and enforceable shutdown of
the PPL Corette facility, whose
emissions in 2009–2011 had been
responsible for the area not previously
meeting the NAAQS. The EPA is also
approving the associated maintenance
plan for the Billings 2010 SO2
nonattainment area as a revision to the
Montana SIP for the 2010 SO2 NAAQS
because it meets the requirements of
section 175A of the CAA. Approval of
this redesignation request will change
the official designation of the Billings
2010 SO2 nonattainment area to
attainment for the 2010 SO2 NAAQS.
III. Statutory and Executive Order
Reviews
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A. General Requirements
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA 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, these actions
merely approve state law as meeting
federal requirements and do not impose
additional requirements beyond those
imposed by state law. For this reason,
these actions:
• Are not significant regulatory
actions subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
VerDate Sep<11>2014
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October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have federalism implications
as specified in Executive Order 13132
(64 FR 43255, August 10, 1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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
• Do 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 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 final 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).
B. Congressional Review Act
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
PO 00000
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28719
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).
C. Petitions for Judicial Review
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 July 11, 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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur dioxide.
40 CFR Part 81
Environmental protection, Air
pollution control, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 18, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR parts 52 and 81 are 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 BB—Montana
2. Section 52.1370, paragraph (e),
under ‘‘(9) Yellowstone County’’ is
amended by adding the entry ‘‘Billings
2010 SO2 Maintenance Plan’’ at the end
of the table to read as follows:
■
§ 52.1370
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\10MYR1.SGM
10MYR1
*
*
28720
Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations
State effective
date
Title/subject
*
*
*
*
Notice of final rule
date
*
NFR citation
*
*
(9) Yellowstone County
*
*
*
*
Billings 2010 SO2 Maintenance Plan .........................................................................
3. Section 52.1398 is added to read as
follows:
■
§ 52.1398
Control strategy: Sulfur dioxide.
(a) Redesignation to attainment. The
EPA has determined that the Billings
2010 sulfur dioxide (SO2)
nonattainment area has met the criteria
under CAA section 107(d)(3)(E) for
redesignation from nonattainment to
attainment for the 2010 1-hour SO2
NAAQS. The EPA is therefore
*
12/14/2015
redesignating the Billings 2010 SO2
nonattainment area to attainment.
(b) The EPA is approving the
maintenance plan for the Billings
nonattainment area for the 2010 SO2
NAAQS submitted by the State of
Montana on December 14, 2015.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
4. The authority citation for part 81
continues to read as follows:
■
*
5/10/2016 ...............
*
[Insert Federal
Register citation].
Authority: 42 U.S.C. 7401, et seq.
Subpart C—Section 107 Attainment
Status Designations
5. Section 81.327, table ‘‘Montana—
2010 Sulfur Dioxide NAAQS (Primary)’’
is amended by revising the entry for
‘‘Yellowstone County (part)’’ to read as
follows:
■
§ 81.327
*
Montana.
*
*
*
*
Designation
Designated area
Date
*
*
*
*
*
Yellowstone County (part) ....................................................................................................................
The area originates at the point defined as the southwest corner of Section 11, Township 1S,
Range 26E. From that point the boundary proceeds north along the western section line of Section 11 to the point of intersection with the midline of Interstate Highway 90. From that point the
boundary follows the midline of Interstate Highway 90, across the Yellowstone River, to the point
where the highway midline intersects the northern boundary of Section 35, Township 1N, Range
26E. From that point the boundary proceeds east along the northern section line of Sections 35
and 36 to the point where Old US 87/Hardin Road leaves the section line and turns southeast.
The boundary follows the midline of Old US 87/Hardin Road southeast to the point where the
road intersects the western boundary of the SE 1/4 of the SE 1/4 of Section 31, Township 1N,
Range 27E. From that point the boundary proceeds south along the 1/4 section line to the
southern boundary of Township 1N, then east to the northeast corner of Section 5, Township
1S, Range 27E. The boundary then proceeds south along the eastern section line of sections 5
and 8 to the southeast corner of Section 8, Township 1S, Range 27E, where it turns west and
follows the south section line of Sections 8 and 7, Township 1S, Range 27E; and Sections 12
and 11, Township 1S, Range 26E, back to the point of origin.
*
*
*
*
*
[FR Doc. 2016–10451 Filed 5–9–16; 8:45 am]
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BILLING CODE 6560–50–P
VerDate Sep<11>2014
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*
5/10/2016
Type
*
Attainment.
to revise the maximum permit term for
Municipal Solid Waste Landfill
(MSWLF) units operating under
40 CFR Part 258
Research, Development and
[EPA–HQ–RCRA–2015–0126; FRL–9943–87– Demonstration (RD&D) permits. The
RD&D permit program, which began in
OLEM]
2004, allows landfill facilities to utilize
RIN 2050–AG75
innovative methods that vary from the
run-on control systems, liquids
Revision to the Research,
restrictions, and final cover criteria
Development and Demonstration
prescribed in 40 CFR part 258 if these
Permits Rule for Municipal Solid Waste systems are determined by the Director
Landfills
of an approved State to be at least as
protective as those criteria. The current
AGENCY: Environmental Protection
rule limits permits for these units to
Agency (EPA).
three years, and they are renewable
ACTION: Final rule.
three times for a total permit term of 12
SUMMARY: The Environmental Protection years. This revision allows the Director
of an approved State to increase the
Agency (EPA) is publishing a final rule
ENVIRONMENTAL PROTECTION
AGENCY
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10MYR1
]]>Agencies
[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Rules and Regulations]
[Pages 28718-28720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10451]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R08-OAR-2015-0205; FRL-9945-64-Region 8]
Designation of Areas for Air Quality Planning Purposes;
Redesignation Request and Associated Maintenance Plan for Billings, MT
2010 SO2 Nonattainment Area
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
State of Montana's request to redesignate the Billings sulfur dioxide
(SO2) nonattainment area to attainment for the 2010
SO2 primary national ambient air quality standards (NAAQS).
The EPA has determined that the Billings SO2 nonattainment
area is attaining the 2010 SO2 primary NAAQS. In addition,
the EPA is approving Montana's maintenance plan which provides for
continued attainment of the 2010 SO2 primary NAAQS in the
area. These actions are being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on June 9, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification Number EPA-R08-OAR-2015-0205. 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
The EPA designated a portion of Billings, Montana, as nonattainment
for the 2010 SO2 NAAQS on August 5, 2013, (effective October
4, 2013) using 2009-2011 ambient air quality data, leaving the
remaining portion of Billings and Yellowstone County undesignated and
subject to future analysis and designation. See 78 FR 47191 (August 5,
2013).
On January 16, 2015, the State submitted a request for the EPA to
determine that the Billings SO2 nonattainment area has
attained the 2010 SO2 NAAQS per the EPA's ``clean data
policy.'' On December 14, 2015, the State submitted to the EPA a
request for redesignation of the Billings 2010 SO2
nonattainment area to attainment and a SIP revision containing a
maintenance plan for the area.
On March 7, 2016, the EPA published a notice of proposed rulemaking
(NPR) which proposed to approve the State's requests. See 81 FR 11733.
Specifically, the EPA proposed to take the following four separate but
related actions: (1) Determine that the Billings SO2
nonattainment area is attaining the 2010 1-hour SO2 NAAQS;
(2) approve Montana's plan for maintaining the 2010 1-hour
SO2 NAAQS (maintenance plan); (3) redesignate the Billings
SO2 nonattainment area to attainment for the 2010 1-hour
SO2 NAAQS; and (4) determine that the Billings
SO2 nonattainment area has clean monitoring data. The
details of Montana's submittal and the rationale for EPA's proposed
actions are explained in the NPR and will not be restated here. The EPA
received two public comments on the NPR, both of which supported the
proposed redesignation. We acknowledge these supportive comments.
II. Final Action
The EPA is taking final actions on the redesignation request and
maintenance
[[Page 28719]]
plan submitted by the State of Montana on December 14, 2015 for the
Billings 2010 SO2 nonattainment area. The EPA is approving
Montana's redesignation request because we have determined that the
request meets the redesignation criteria set forth in section
107(d)(3)(E) of the CAA for this standard. The EPA finds that the
monitoring data demonstrate that the area has attained the 2010
SO2 NAAQS, and continues to attain the NAAQS as a result of
the permanent and enforceable shutdown of the PPL Corette facility,
whose emissions in 2009-2011 had been responsible for the area not
previously meeting the NAAQS. The EPA is also approving the associated
maintenance plan for the Billings 2010 SO2 nonattainment
area as a revision to the Montana SIP for the 2010 SO2 NAAQS
because it meets the requirements of section 175A of the CAA. Approval
of this redesignation request will change the official designation of
the Billings 2010 SO2 nonattainment area to attainment for
the 2010 SO2 NAAQS.
III. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA 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, these actions merely approve state law as meeting federal
requirements and do not impose additional requirements beyond those
imposed by state law. For this reason, these actions:
Are not significant regulatory actions 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);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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 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
final 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).
B. Congressional Review Act
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).
C. Petitions for Judicial Review
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 July 11, 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur dioxide.
40 CFR Part 81
Environmental protection, Air pollution control, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 18, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR parts 52 and 81 are 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 BB--Montana
0
2. Section 52.1370, paragraph (e), under ``(9) Yellowstone County'' is
amended by adding the entry ``Billings 2010 SO2 Maintenance
Plan'' at the end of the table to read as follows:
Sec. 52.1370 Identification of plan.
* * * * *
(e) * * *
[[Page 28720]]
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State
Title/subject effective date Notice of final rule date NFR citation
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(9) Yellowstone County
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Billings 2010 SO2 Maintenance Plan...... 12/14/2015 5/10/2016................. [Insert Federal Register
citation].
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0
3. Section 52.1398 is added to read as follows:
Sec. 52.1398 Control strategy: Sulfur dioxide.
(a) Redesignation to attainment. The EPA has determined that the
Billings 2010 sulfur dioxide (SO2) nonattainment area has
met the criteria under CAA section 107(d)(3)(E) for redesignation from
nonattainment to attainment for the 2010 1-hour SO2 NAAQS.
The EPA is therefore redesignating the Billings 2010 SO2
nonattainment area to attainment.
(b) The EPA is approving the maintenance plan for the Billings
nonattainment area for the 2010 SO2 NAAQS submitted by the
State of Montana on December 14, 2015.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
4. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C--Section 107 Attainment Status Designations
0
5. Section 81.327, table ``Montana--2010 Sulfur Dioxide NAAQS
(Primary)'' is amended by revising the entry for ``Yellowstone County
(part)'' to read as follows:
Sec. 81.327 Montana.
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Designation
Designated area ------------------------------------------------------------------
Date Type
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Yellowstone County (part).................... 5/10/2016 Attainment.
The area originates at the point defined as
the southwest corner of Section 11, Township
1S, Range 26E. From that point the boundary
proceeds north along the western section
line of Section 11 to the point of
intersection with the midline of Interstate
Highway 90. From that point the boundary
follows the midline of Interstate Highway
90, across the Yellowstone River, to the
point where the highway midline intersects
the northern boundary of Section 35,
Township 1N, Range 26E. From that point the
boundary proceeds east along the northern
section line of Sections 35 and 36 to the
point where Old US 87/Hardin Road leaves the
section line and turns southeast. The
boundary follows the midline of Old US 87/
Hardin Road southeast to the point where the
road intersects the western boundary of the
SE 1/4 of the SE 1/4 of Section 31, Township
1N, Range 27E. From that point the boundary
proceeds south along the 1/4 section line to
the southern boundary of Township 1N, then
east to the northeast corner of Section 5,
Township 1S, Range 27E. The boundary then
proceeds south along the eastern section
line of sections 5 and 8 to the southeast
corner of Section 8, Township 1S, Range 27E,
where it turns west and follows the south
section line of Sections 8 and 7, Township
1S, Range 27E; and Sections 12 and 11,
Township 1S, Range 26E, back to the point of
origin.
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[FR Doc. 2016-10451 Filed 5-9-16; 8:45 am]
BILLING CODE 6560-50-P
