Limited Disapproval of Air Plan Revisions; Arizona; New Source Review; PM2.5, 40525-40527 [2016-14669]

Download as PDF Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. This interim final rule will have no such effect on State, local, and tribal governments, or on the private sector. Paperwork Reduction Act This interim final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3521). Regulatory Flexibility Act The Secretary hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601–612. Accordingly, no proposed rulemaking was required in connection with the adoption of this final rule. Pursuant to 5 U.S.C. 605(b), this final rule is exempt from the initial and final regulatory flexibility analyses requirements of sections 603 and 604. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance number and title for the program affected by this document is 64.114, Veterans Housing—Guaranteed and Insured Loans. Signing Authority The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Robert D. Snyder, Chief of Staff, Department of Veterans Affairs, approved this document on May 31, 2016, for publication. sradovich on DSK3TPTVN1PROD with RULES Dated: June 16, 2016. Jeffrey Martin, Office Program Manager, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. List of Subjects in 38 CFR Part 36 Condominiums, Housing, Individuals with disabilities, Loan programshousing and community development, Loan programs-veterans, Manufactured homes, Mortgage insurance, Reporting and recordkeeping requirements, Veterans. For the reasons set out in the preamble, VA amends 38 CFR parts 36 and 42 as follows: VerDate Sep<11>2014 16:06 Jun 21, 2016 Jkt 238001 PART 36—LOAN GUARANTY 1. The authority citation for part 36 continues to read as follows: ■ Authority: 38 U.S.C. 501 and as otherwise noted. 2. In § 36.4340, amend paragraphs (k)(1)(i) and (k)(3) by removing ‘‘$10,000’’ and adding, in its place, ‘‘$21,563’’ and by revising the authority citation at the end of the section to read as follows: ■ § 36.4340 Underwriting standards, processing procedures, lender responsibility, and lender certification. * * * * * (Authority: 28 U.S.C. 2461; 38 U.S.C. 3710) PART 42—STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT 3. The authority citation for part 42 is revised to read as follows: ■ Authority: Pub. L. 99–509, secs. 6101– 6104, 100 Stat. 1874, codified at 31 U.S.C. 3801–3812. 4. In § 42.3, amend paragraphs (a)(1) and (b)(1) by removing ‘‘$5,500’’ and adding, in its place, ‘‘$10,781’’, and by revising the authority citation at the end of the section, to read as follows: ■ § 42.3 Basis for Civil Penalties and Assessments. * * * * * (Authority: 28 U.S.C. 2461; 31 U.S.C. 3802) [FR Doc. 2016–14592 Filed 6–21–16; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2015–0187; FRL–9948–01– Region 9] Limited Disapproval of Air Plan Revisions; Arizona; New Source Review; PM2.5 Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is finalizing a limited disapproval of a revision to the Arizona Department of Environmental Quality (ADEQ) portion of the Arizona State Implementation Plan (SIP) under the Clean Air Act (CAA or Act). This ADEQsubmitted SIP revision primarily was intended to serve as a replacement of ADEQ’s SIP-approved rules for the issuance of New Source Review (NSR) SUMMARY: PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 40525 permits for stationary sources, including but not limited to the rules governing the review and permitting of major sources and major modifications under the Act. This action concerns only the major nonattainment NSR provisions in ADEQ’s submittal as they pertain to the Nogales and West Central Pinal nonattainment areas for particulate matter with a diameter of 2.5 micrometers or less (PM2.5). The EPA previously finalized a limited approval for these PM2.5 nonattainment areas related to certain major nonattainment NSR permitting requirements for PM2.5 under the CAA. We subsequently proposed a limited disapproval for these PM2.5 nonattainment areas to set the stage for remedying certain deficiencies related to these nonattainment NSR permitting requirements for PM2.5, and this action finalizes this limited disapproval. DATES: This rule will be effective on July 22, 2016. ADDRESSES: The EPA has established docket number EPA–R09–OAR–2015– 0187 for this action. Generally, documents in the docket for this action are available electronically at http:// www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105–3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multi-volume reports), and some may not be available in either location (e.g., confidential business information (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region IX, (415) 972– 3811, beckham.lisa@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Statutory and Executive Order Reviews I. Proposed Action On May 2, 2016, the EPA proposed a limited disapproval of the major nonattainment NSR portion of ADEQ’s NSR SIP submittal for PM2.5 as it pertains to the requirements of CAA section 189(e). See 81 FR 26185. ADEQ’s NSR SIP submittal generally includes requirements for the PM2.5 E:\FR\FM\22JNR1.SGM 22JNR1 40526 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations sradovich on DSK3TPTVN1PROD with RULES nonattainment NSR program for major sources consistent with the provisions promulgated in the EPA’s 2008 NSR PM2.5 Rule. Specifically, ADEQ’s NSR SIP submittal includes the PM2.5 significant emission rates at R18–2– 101(130), regulation of certain PM2.5 precursors (SO2 and NOX) at R18–2– 101(130), the regulation of PM10 and PM2.5 condensable emissions at R18–2– 101(122)(f), and the emissions offset requirements at R18–2–403(A)(3). The EPA approved these provisions into ADEQ’s SIP as part of a limited approval and limited disapproval, and other actions, on November 2, 2015 (80 FR 67319). At that time, we did not determine that the submittal fully addressed section 189(e) in title I, Part D, subpart 4 of the Act, related to NSR permitting requirements for PM2.5 for major stationary sources in PM2.5 nonattainment areas, and instead finalized a limited approval related to the requirements of subpart 4 based on this issue. For PM2.5 nonattainment areas, CAA section 189(e) requires that the control requirements applicable under plans in effect under part D of the CAA for major stationary sources of PM2.5 also apply to major stationary sources of PM2.5 precursors, except where the Administrator determines that such sources do not contribute significantly to PM2.5 levels that exceed the standards in the area. In our May 2, 2016 proposed action, we proposed to determine that ADEQ’s NSR SIP submittal does not fully satisfy the major nonattainment NSR requirements for PM2.5 under section 189(e) of the Act for the Nogales and West Central Pinal PM2.5 nonattainment areas, based on our finding that the submittal does not include rules regulating VOCs or ammonia as PM2.5 precursors under the major source nonattainment NSR program, nor does it include a demonstration showing that the regulation of VOCs and ammonia is not necessary under section 189(e). The preamble in the Federal Register notification for our proposed action contains more information on the basis for this rulemaking and on our evaluation of the submittal. authorized in sections 110(k) of the Act, the EPA is finalizing a limited disapproval of the ADEQ NSR SIP submittal for the Nogales and West Central Pinal PM2.5 nonattainment areas under section 189(e) of the Act related to PM2.5 precursors. As a result of this final action, the EPA must promulgate a federal implementation plan (FIP) under section 110(c) to address the deficiencies that are the subject of this action unless we approve subsequent SIP revisions that correct the deficiencies within 24 months. In addition, sanctions will be imposed unless the EPA approves subsequent SIP revisions that correct these deficiencies within 18 months of the effective date of this action. These sanctions would be imposed under section 179 of the Act and 40 CFR 52.31. II. Public Comments and EPA Responses The EPA’s May 2, 2016 proposed action provided a 30-day public comment period. During this period, we did not receive any comments on our proposal. This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, will result from this action. III. EPA Action No comments were submitted on our proposed action. Therefore, as VerDate Sep<11>2014 16:06 Jun 21, 2016 Jkt 238001 IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by state law. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by state law. D. Unfunded Mandates Reform Act (UMRA) PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because the SIP is not approved to 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, and will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not impose additional requirements beyond those imposed by state law. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because application of those requirements would be inconsistent with the CAA. E:\FR\FM\22JNR1.SGM 22JNR1 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population The EPA lacks the discretionary authority to address environmental justice in this rulemaking. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). L. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 22, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: June 13, 2016. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2016–14669 Filed 6–21–16; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 74 [MB Docket No. 03–185; GN Docket No. 12– 268; ET Docket No. 14–175; FCC 15–175] Low Power Television Digital Rules Federal Communications Commission. ACTION: Final rule; announcement of effective date. sradovich on DSK3TPTVN1PROD with RULES AGENCY: In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, SUMMARY: VerDate Sep<11>2014 16:06 Jun 21, 2016 Jkt 238001 certain information collection requirements associated with the Commission’s Low Power Television Digital Rules Report and Order, FCC 15– 175. This document is consistent with the Low Power Television Digital Rules Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the rule. DATES: 47 CFR 74.800, published at 81 FR 5041, February 1, 2016, is effective June 22, 2016. FOR FURTHER INFORMATION CONTACT: Cathy Williams, Cathy.Williams@ fcc.gov, (202) 418–2918. SUPPLEMENTARY INFORMATION: This document announces that, on June 15, 2016, OMB approved the information collection requirements contained in the Commission’s Low Power Television Digital Rules Report and Order, FCC 15– 175, published at 81 FR 5041, February 1, 2016. The OMB Control Number is 3060–1177. The Commission publishes this document as an announcement of the effective date of the requirement. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Cathy Williams, Federal Communications Commission, Room 1–C823, 445 12th Street SW., Washington, DC 20554. Please include the OMB Control Number, 3060–1177, in your correspondence. The Commission will also accept your comments via the Internet if you send them to PRA@ fcc.gov. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@ fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received OMB approval on June 15, 2016 for the information collection requirements contained in FCC 15–175, 47 CFR 74.800. Under 5 CFR 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control PO 00000 Frm 00051 Fmt 4700 Sfmt 9990 40527 Number. The OMB Control Number is 3060–1177. The foregoing document is required by the Paperwork Reduction Act of 1995, Public Law 104–13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control No.: 3060–1177. OMB Approval Date: June 15, 2016. OMB Expiration Date: June 30, 2019. Title: 47 CFR 74.800, Channel Sharing Agreement. Form Numbers: Not applicable. Respondents: Business or other for profit entities; Not for profit institutions; State, local or Tribal government. Number of Respondents/Responses: 100 respondents; 100 responses. Estimated Hours per Response: 1 hr. Frequency of Response: One time reporting requirement. Total Annual Burden: 100 hours. Total Annual Cost: $54,000. Obligation to Respond: Required to obtain benefits. The statutory authority for this information collection is contained in sections 1, 4(i) and (j), 7, 154(i), 301, 302, 303, 307, 308, 309, 312, 316, 318, 319, 324, 325, 336 and 337 of the Communications Act of 1934, as amended. Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Privacy Act Assessment: No impact(s). Needs and Uses: On December 18, 2015, the Commission released a Third Report and Order and Fourth Notice of Proposed Rulemaking, In the Matter of Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television and Television Translator Stations, MB Docket No. 03–185, FCC 15–175. Low power television and television translator stations (collectively ‘‘LPTV stations’’) will be required to include certain terms in their channel sharing agreements (CSAs) and to file their CSAs with the Commission. This new requirement is provided in 47 CFR 74.800. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary. [FR Doc. 2016–14804 Filed 6–21–16; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\22JNR1.SGM 22JNR1

Agencies

[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Rules and Regulations]
[Pages 40525-40527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14669]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0187; FRL-9948-01-Region 9]


Limited Disapproval of Air Plan Revisions; Arizona; New Source 
Review; PM2.5

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is finalizing a 
limited disapproval of a revision to the Arizona Department of 
Environmental Quality (ADEQ) portion of the Arizona State 
Implementation Plan (SIP) under the Clean Air Act (CAA or Act). This 
ADEQ-submitted SIP revision primarily was intended to serve as a 
replacement of ADEQ's SIP-approved rules for the issuance of New Source 
Review (NSR) permits for stationary sources, including but not limited 
to the rules governing the review and permitting of major sources and 
major modifications under the Act. This action concerns only the major 
nonattainment NSR provisions in ADEQ's submittal as they pertain to the 
Nogales and West Central Pinal nonattainment areas for particulate 
matter with a diameter of 2.5 micrometers or less (PM2.5). 
The EPA previously finalized a limited approval for these 
PM2.5 nonattainment areas related to certain major 
nonattainment NSR permitting requirements for PM2.5 under 
the CAA. We subsequently proposed a limited disapproval for these 
PM2.5 nonattainment areas to set the stage for remedying 
certain deficiencies related to these nonattainment NSR permitting 
requirements for PM2.5, and this action finalizes this 
limited disapproval.

DATES: This rule will be effective on July 22, 2016.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0187 
for this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location 
(e.g., confidential business information (CBI)). To inspect the hard 
copy materials, please schedule an appointment during normal business 
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT 
section.

FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region IX, (415) 
972-3811, beckham.lisa@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On May 2, 2016, the EPA proposed a limited disapproval of the major 
nonattainment NSR portion of ADEQ's NSR SIP submittal for 
PM2.5 as it pertains to the requirements of CAA section 
189(e). See 81 FR 26185. ADEQ's NSR SIP submittal generally includes 
requirements for the PM2.5

[[Page 40526]]

nonattainment NSR program for major sources consistent with the 
provisions promulgated in the EPA's 2008 NSR PM2.5 Rule. 
Specifically, ADEQ's NSR SIP submittal includes the PM2.5 
significant emission rates at R18-2-101(130), regulation of certain 
PM2.5 precursors (SO2 and NOX) at R18-
2-101(130), the regulation of PM10 and PM2.5 
condensable emissions at R18-2-101(122)(f), and the emissions offset 
requirements at R18-2-403(A)(3). The EPA approved these provisions into 
ADEQ's SIP as part of a limited approval and limited disapproval, and 
other actions, on November 2, 2015 (80 FR 67319). At that time, we did 
not determine that the submittal fully addressed section 189(e) in 
title I, Part D, subpart 4 of the Act, related to NSR permitting 
requirements for PM2.5 for major stationary sources in 
PM2.5 nonattainment areas, and instead finalized a limited 
approval related to the requirements of subpart 4 based on this issue.
    For PM2.5 nonattainment areas, CAA section 189(e) 
requires that the control requirements applicable under plans in effect 
under part D of the CAA for major stationary sources of 
PM2.5 also apply to major stationary sources of 
PM2.5 precursors, except where the Administrator determines 
that such sources do not contribute significantly to PM2.5 
levels that exceed the standards in the area. In our May 2, 2016 
proposed action, we proposed to determine that ADEQ's NSR SIP submittal 
does not fully satisfy the major nonattainment NSR requirements for 
PM2.5 under section 189(e) of the Act for the Nogales and 
West Central Pinal PM2.5 nonattainment areas, based on our 
finding that the submittal does not include rules regulating VOCs or 
ammonia as PM2.5 precursors under the major source 
nonattainment NSR program, nor does it include a demonstration showing 
that the regulation of VOCs and ammonia is not necessary under section 
189(e).
    The preamble in the Federal Register notification for our proposed 
action contains more information on the basis for this rulemaking and 
on our evaluation of the submittal.

II. Public Comments and EPA Responses

    The EPA's May 2, 2016 proposed action provided a 30-day public 
comment period. During this period, we did not receive any comments on 
our proposal.

III. EPA Action

    No comments were submitted on our proposed action. Therefore, as 
authorized in sections 110(k) of the Act, the EPA is finalizing a 
limited disapproval of the ADEQ NSR SIP submittal for the Nogales and 
West Central Pinal PM2.5 nonattainment areas under section 
189(e) of the Act related to PM2.5 precursors.
    As a result of this final action, the EPA must promulgate a federal 
implementation plan (FIP) under section 110(c) to address the 
deficiencies that are the subject of this action unless we approve 
subsequent SIP revisions that correct the deficiencies within 24 
months. In addition, sanctions will be imposed unless the EPA approves 
subsequent SIP revisions that correct these deficiencies within 18 
months of the effective date of this action. These sanctions would be 
imposed under section 179 of the Act and 40 CFR 52.31.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP is not approved to 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, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

[[Page 40527]]

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 22, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: June 13, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-14669 Filed 6-21-16; 8:45 am]
 BILLING CODE 6560-50-P