Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Prevention of Significant Deterioration and Approval of Infrastructure State Implementation Plans for Specific National Ambient Air Quality Standards, 53008-53012 [2016-18518]

Download as PDF 53008 Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations 1. The authority citation for part 50 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 2. In appendix N to part 50, in section 4.4, Equation 2 is revised to read as follows: ■ Appendix N to Part 50—Interpretation of the National Ambient Air Quality Standards for PM2.5 * * * * * 4.4 Equations for the Annual PM2.5 NAAQS * * * * * (b) * * * Where: Xy = the annual mean concentration for year y (y = 1, 2, or 3); nQy = the number of complete quarters Q in year y; and Xqy = the mean for quarter q of year y (result of equation 1). * * * * * [FR Doc. 2016–19034 Filed 8–10–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2015–0539; FRL–9950–29– Region 3] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Prevention of Significant Deterioration and Approval of Infrastructure State Implementation Plans for Specific National Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Final rule. sradovich on DSK3GMQ082PROD with RULES AGENCY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the West Virginia Department of Environmental Protection (WVDEP) for the State of West Virginia on June 3, 2015. This revision pertains to West Virginia’s Prevention of SUMMARY: VerDate Sep<11>2014 15:58 Aug 10, 2016 Jkt 238001 Significant Deterioration (PSD) permit program regulations for preconstruction permitting requirements for major sources. The revision includes a change in West Virginia’s PSD regulations related to emissions of fine particulate matter (PM2.5). The State’s June 3, 2015 submittal satisfies its obligations pursuant to an earlier rulemaking in which EPA granted final conditional approval of West Virginia’s PSD implementing regulations. This action also addresses specific infrastructure program elements specified in Clean Air Act (CAA) section 110(a)(2) necessary to implement, maintain, and enforce several national ambient air quality standards (NAAQS). This action is being taken under the CAA. DATES: This final rule is effective on September 12, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2015–0539. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, 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 through www.regulations.gov or may be viewed during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the West Virginia Department of Environmental Protection, Division of Air Quality, 601 57th Street SE., Charleston, West Virginia 25304. FOR FURTHER INFORMATION CONTACT: Mr. Paul Wentworth, (215) 814–2183, or by email at Wentworth.paul@epa.gov. SUPPLEMENTARY INFORMATION: On January 11, 2016 (81 FR 1133), EPA published a notice of proposed rulemaking (NPR) for the State of West Virginia. In the NPR, EPA proposed approval of a revision to West Virginia’s PSD permit program regulations for preconstruction permitting requirements for major sources. The revision includes revised West Virginia PSD regulations related to emissions of PM2.5. The formal SIP revision was submitted by the State of West Virginia on June 3, 2015. Frm 00040 Fmt 4700 The SIP revision submitted by WVDEP on June 3, 2015 pertains to revisions to its PSD permit program regulations at 45CSR14–16.7.c that establish a significant monitoring concentration (SMC) value of zero micrograms per cubic meter for PM2.5. The submission of this revision allows EPA to change its conditional approval of 45CSR14 to a full approval. Because this submission fulfills the commitment made by West Virginia in the final conditional approval of West Virginia’s earlier submittals of revisions to 45CSR14 as discussed in the NPR, EPA is now fully approving West Virginia’s PSD regulations at 45CSR14 in its entirety as 45CSR14 meets requirements in the CAA and its implementing regulations and removing the prior conditional approval. See 80 FR 36483 (final conditional approval of prior SIP submissions of revisions to 45CSR14). With its submittal, West Virginia has made all of the changes to its PSD implementing regulations necessary to address PM2.5 as prescribed by the CAA, 40 CFR 51.166, and the May 16, 2008 new source review implementation rule for PM2.5 at 73 FR 28321. Because West Virginia’s regulations at 45CSR14 fully meet the federal requirements for PSD in the CAA, EPA also found that West Virginia’s PSD program now addresses specific PSD-related portions of the infrastructure program elements in section 110(a)(2) of the CAA for the 1997 ozone and PM2.5 NAAQS, the 2006 PM2.5 NAAQS, the 2008 lead and ozone NAAQS, and the 2010 nitrogen dioxide (NO2) and sulfur dioxide (SO2) NAAQS. Other specific requirements of and the rationale for EPA’s approval action of West Virginia’s revised PSD regulations and relevant infrastructure SIP revisions for several NAAQS are explained in the NPR and will not be restated here. No public comments were received on the NPR. III. Final Action I. Background PO 00000 II. Summary of SIP Revision Sfmt 4700 EPA is approving this SIP revision submitted by WVDEP as a revision to the West Virginia SIP for its PSD program and removing a prior conditional approval on the PSD program. In this action, EPA is also approving several of West Virginia’s infrastructure SIP revisions as meeting the PSD elements of section 110(a)(2) of the CAA for the 1997 ozone and PM2.5 NAAQS, the 2006 PM2.5 NAAQS, the 2008 lead and ozone NAAQS, and the 2010 NO2 and SO2 NAAQS. E:\FR\FM\11AUR1.SGM 11AUR1 ER11AU16.002</GPH> PART 50—NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations IV. Incorporation by Reference In this rule the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of 45CSR14– 16.7.c, described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or may be viewed at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. Statutory and Executive Order Reviews sradovich on DSK3GMQ082PROD with RULES A. General Requirements 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); VerDate Sep<11>2014 15:58 Aug 10, 2016 Jkt 238001 • 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, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General 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 October 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 which revises West Virginia’s PSD regulations related to emissions of PM2.5 and which PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 53009 approves portions of several infrastructure SIPs as addressing PSD elements in CAA section 110(a)(2) 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, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: July 25, 2016. Shawn M. Garvin, Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart XX—West Virginia 2. In § 52.2520: a. The table in paragraph (c) is amended by revising the entries for 45CSR Series 14. ■ b. The table in paragraph (e) is amended by revising the entries for: ■ i. Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone NAAQS, ■ ii. Section 110(a)(2) Infrastructure Requirements for the 1997 PM2.5 NAAQS, ■ iii. Section 110(a)(2) Infrastructure Requirements for the 2006 PM2.5 NAAQS, ■ iv. Section 110(a)(2) Infrastructure Requirements for the 2008 Lead NAAQS, ■ v. Section 110(a)(2) Infrastructure Requirements for the 2008 8-Hour Ozone NAAQS, ■ vi. Section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen Dioxide NAAQS, and ■ vii. Section 110(a)(2) Infrastructure Requirements for the 2010 1-Hour Sulfur Dioxide NAAQS. The revised text reads as follows: ■ ■ § 52.2520 * Identification of plan. * * (c) * * * E:\FR\FM\11AUR1.SGM 11AUR1 * * 53010 Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations EPA–APPROVED REGULATIONS IN THE WEST VIRGINIA SIP State citation [Chapter 16–20 or 45 CSR ] * State effective date Title/Subject * * * EPA Approval date * * Additional explanation/ Citation at 40 CFR 52.2565 * [45CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration Section 45–14–1 .......... Section 45–14–2 .......... Section 45–14–3 .......... Section 45–14–4 .......... Section 45–14–5 .......... Section 45–14–6 .......... Section 45–14–7 .......... Section 45–14–8 .......... Section 45–14–9 .......... Section 45–14–10 ........ Section 45–14–11 ........ Section 45–14–12 ........ Section 45–14–13 ........ Section 45–14–14 ........ Section 45–14–15 ........ Section 45–14–16 ........ Section 45–14–17 ........ Section 45–14–18 ........ sradovich on DSK3GMQ082PROD with RULES Section 45–14–19 ........ Section 45–14–20 ........ Section 45–14–21 ........ VerDate Sep<11>2014 General .............................................................. Definitions .......................................................... Applicability ........................................................ Ambient Air Quality Increments and Ceilings ... Area Classification ............................................. 06/01/2015 06/01/2015 06/01/2015 06/01/2015 06/01/2015 Prohibition of Dispersion Enhancement Techniques. 06/01/2015 Registration, Report and Permit Requirements for Major Stationary Sources and Major Modifications. Requirements Relating to Control Technology 06/01/2015 06/01/2015 Requirements Relating to the Source’s Impact on Air Quality. 06/01/2015 Modeling Requirements ..................................... 06/01/2015 Air Quality Monitoring Requirements ................ Additional Impacts Analysis Requirements ....... 06/01/2015 06/01/2015 Additional Requirements and Variances for Source Impacting Federal Class 1 Areas. 06/01/2015 Procedures for Sources Employing Innovative Control Technology. 06/01/2015 Exclusions From Increment Consumption ........ 06/01/2015 Specific Exemptions .......................................... Public Review Procedures ................................ Public Meetings ................................................. 06/01/2015 06/01/2015 06/01/2015 Permit Transfer, Cancellation and Responsibility. 06/01/2015 Disposition of Permits ........................................ 06/01/2015 Conflict with Other Permitting Rules ................. 15:58 Aug 10, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4700 06/01/2015 Sfmt 4700 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. 08/11/2016, [Insert Federal Register tation]. E:\FR\FM\11AUR1.SGM 11AUR1 cicicicicicicicicicicicicicicicicicicicici- 53011 Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations EPA–APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued State citation [Chapter 16–20 or 45 CSR ] Title/Subject Section 45–14–25 ........ Actual PALs ....................................................... 06/01/2015 Section 45–14–26 ........ Inconsistency Between Rules ........................... 06/01/2015 * * * * * * * * * EPA Approval date Applicable geographic area * State submittal date * Section 110(a)(2) Infrastructure Requirements for the 1997 8Hour Ozone NAAQS. 08/11/2016, [Insert Federal Register citation]. 08/11/2016, [Insert Federal Register citation]. * Section 110(a)(2) Infrastructure Requirements for the 1997 PM2.5 NAAQS. Statewide * * Statewide 12/3/07, 5/21/08 ......... 8/4/11, 76 FR 47062 10/17/12, 77 FR 63736. 8/11/2016, .................. [Insert Federal Register citation]. 8/4/11, 76 FR 47062 4/3/08, 5/21/08, 7/9/ 08, 3/18/10. 12/11/07, 4/3/08, 8/31/ 11. Statewide 10/17/12, 77 FR 63736. 6/1/2015 ..................... Section 110(a)(2) Infrastructure Requirements for the 2006 PM2.5 NAAQS. 8/11/2016, .................. [Insert Federal Register citation]. 8/4/11, 76 FR 47062 10/1/09, 3/18/10 ......... 10/1/09, 8/31/11 ......... Jkt 238001 10/17/12, 77 FR 63736. 6/1/2015 ..................... 15:58 Aug 10, 2016 8/11/2016, .................. [Insert Federal Register citation]. PO 00000 Frm 00043 Fmt 4700 Additional explanation * 6/1/2015 ..................... sradovich on DSK3GMQ082PROD with RULES * EPA Approval date 12/3/07, 12/11/07, 8/ 31/11. VerDate Sep<11>2014 Additional explanation/ Citation at 40 CFR 52.2565 (e) * * * Name of non-regulatory SIP revision * State effective date Sfmt 4700 * * This action addresses the following CAA elements or portions thereof: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). Approval of the following PSD-related elements or portions thereof: 110(a)(2)(D)(i)(II), except taking no action on the definition of ‘‘regulated NSR pollutant’’ found at 45CSR14 section 2.66 only as it relates to the requirement to include condensable emissions of particulate matter in that definition. See § 52.2522(i). Approval of PSD-related element 110(a)(2)(D)(i)(II). See § 52.2520. This action addresses the following CAA elements or portions thereof: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). Approval of the following PSD-related elements or portions thereof: 110(a)(2)(D) (i)(II), except taking no action on the definition of ‘‘regulated NSR pollutant’’ found at 45CSR14 section 2.66 only as it relates to the requirement to include condensable emissions of particulate matter in that definition. See § 52.2522(i). Approval of PSD-related element 110(a)(2)(D)(i)(II). See § 52.2520. This action addresses the following CAA elements or portions thereof: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). Approval of the following PSD-related elements or portions thereof: 110(a)(2)(D) (i)(II), except taking no action on the definition of ‘‘regulated NSR pollutant’’ found at 45CSR14 section 2.66 only as it relates to the requirement to include condensable emissions of particulate matter in that definition. See § 52.2522(i). Approval of PSD-related element 110(a)(2)(D)(i)(II). See § 52.2520. E:\FR\FM\11AUR1.SGM 11AUR1 53012 Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations Applicable geographic area Name of non-regulatory SIP revision * * Section 110(a)(2) Infrastructure Requirements for the 2008 Lead NAAQS. Statewide State submittal date EPA Approval date * * * 10/26/11 ..................... 9/10/12, 77 FR 55417 8/31/11, 10/26/11 ....... 6/1/2015 ..................... Section 110(a)(2) Infrastructure Requirements for the 2008 8Hour Ozone NAAQS. Statewide 10/17/12, 77 FR 63736. 8/11/2016, .................. [Insert Federal Register citation]. 10/17/12, 77 FR 63736. 8/31/11, 2/17/12 ......... 2/17/12 ....................... 4/7/2014, .................... 79 FR 19001 .............. 7/24/14 ....................... 3/9/15, ........................ 80 FR 12348 .............. 8/11/2016, .................. [Insert Federal Register citation]. 6/1/2015 ..................... * * Section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen Dioxide NAAQS. Statewide * * * 12/13/12 ..................... 1/22/14, 78 FR 3504 7/24/14 ....................... 6/1/2015 ..................... * * Section 110(a)(2) Infrastructure Requirements for the 2010 1Hour Sulfur Dioxide NAAQS. Statewide * * * 6/25/13 ....................... 10/16/14, 79 FR 62035. 7/24/14 ....................... 6/1/2015 ..................... * * * [FR Doc. 2016–18518 Filed 8–10–16; 8:45 am] sradovich on DSK3GMQ082PROD with RULES BILLING CODE 6560–50–P 3/9/15, 80 FR 12348 8/11/2016, .................. [Insert Federal Register citation]. 3/9/15, 80 FR 12348 8/11/2016, .................. [Insert Federal Register citation]. * ENVIRONMENTAL PROTECTION AGENCY Aminocyclopyrachlor; Pesticide Tolerances Environmental Protection Agency (EPA). AGENCY: Jkt 238001 PO 00000 Frm 00044 Fmt 4700 Approval of 110(a)(2)(C), § 52.2520. Sfmt 4700 PSD-related (D)(i)(II), and element (J). See * * This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof. Addresses CAA element 110(a)(2)(E)(ii). Approval of PSD-related element 110(a)(2)(C), (D)(i)(II), and (J). See § 52.2520. * * This action addresses the following CAA elements: 110(a)(2)(A), (B), (C) (enforcement and minor new source review), (D)(ii), (E)(i) and (iii), (F), (G), (H), (J) (consultation, public notification, and visibility protection), (K), (L), and (M). Addresses CAA element 110(a)(2)(E)(ii). Approval of PSD-related element 110(a)(2)(C), (D)(i)(II), and (J). See § 52.2520. * ACTION: * Final rule. This regulation establishes tolerances for residues of aminocyclopyrachlor in or on milk and livestock commodities imported into the United States, which are identified and discussed later in this document. E.I. du Pont de Nemours and Company requested these tolerances under the SUMMARY: [EPA–HQ–OPP–2011–0144; FRL–9944–48] 15:58 Aug 10, 2016 * * This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof. Approval of the following elements or portions thereof: 110(a)(2)(C), (D)(i)(II), and (J), except taking no action on the definition of ‘‘regulated NSR pollutant’’ found at 45CSR14 section 2.66 only as it relates to the requirement to include condensable emissions of particulate matter in that definition. See § 52.2522(i). Approval of PSD-related element 110(a)(2)(C), (D)(i)(II), and (J). See § 52.2520. Approval of the following PSD-related elements or portions thereof: 110(a)(2)(C), (D)(i)(II), and (J), except taking no action on the definition of ‘‘regulated NSR pollutant’’ found at 45CSR14 section 2.66 only as it relates to the requirement to include condensable emissions of particulate matter in that definition. See § 52.2522(i). This action addresses the following CAA elements, or portions thereof: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). Addresses CAA element 110(a)(2)(E)(ii). * 40 CFR Part 180 VerDate Sep<11>2014 Additional explanation E:\FR\FM\11AUR1.SGM 11AUR1

Agencies

[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Rules and Regulations]
[Pages 53008-53012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18518]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0539; FRL-9950-29-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Prevention of Significant Deterioration and Approval of 
Infrastructure State Implementation Plans for Specific National Ambient 
Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the West Virginia 
Department of Environmental Protection (WVDEP) for the State of West 
Virginia on June 3, 2015. This revision pertains to West Virginia's 
Prevention of Significant Deterioration (PSD) permit program 
regulations for preconstruction permitting requirements for major 
sources. The revision includes a change in West Virginia's PSD 
regulations related to emissions of fine particulate matter 
(PM2.5). The State's June 3, 2015 submittal satisfies its 
obligations pursuant to an earlier rulemaking in which EPA granted 
final conditional approval of West Virginia's PSD implementing 
regulations. This action also addresses specific infrastructure program 
elements specified in Clean Air Act (CAA) section 110(a)(2) necessary 
to implement, maintain, and enforce several national ambient air 
quality standards (NAAQS). This action is being taken under the CAA.

DATES: This final rule is effective on September 12, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0539. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, 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 through www.regulations.gov or may be viewed during normal 
business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the State submittal are available at the 
West Virginia Department of Environmental Protection, Division of Air 
Quality, 601 57th Street SE., Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Wentworth, (215) 814-2183, or 
by email at Wentworth.paul@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On January 11, 2016 (81 FR 1133), EPA published a notice of 
proposed rulemaking (NPR) for the State of West Virginia. In the NPR, 
EPA proposed approval of a revision to West Virginia's PSD permit 
program regulations for preconstruction permitting requirements for 
major sources. The revision includes revised West Virginia PSD 
regulations related to emissions of PM2.5. The formal SIP 
revision was submitted by the State of West Virginia on June 3, 2015.

II. Summary of SIP Revision

    The SIP revision submitted by WVDEP on June 3, 2015 pertains to 
revisions to its PSD permit program regulations at 45CSR14-16.7.c that 
establish a significant monitoring concentration (SMC) value of zero 
micrograms per cubic meter for PM2.5. The submission of this 
revision allows EPA to change its conditional approval of 45CSR14 to a 
full approval. Because this submission fulfills the commitment made by 
West Virginia in the final conditional approval of West Virginia's 
earlier submittals of revisions to 45CSR14 as discussed in the NPR, EPA 
is now fully approving West Virginia's PSD regulations at 45CSR14 in 
its entirety as 45CSR14 meets requirements in the CAA and its 
implementing regulations and removing the prior conditional approval. 
See 80 FR 36483 (final conditional approval of prior SIP submissions of 
revisions to 45CSR14).
    With its submittal, West Virginia has made all of the changes to 
its PSD implementing regulations necessary to address PM2.5 
as prescribed by the CAA, 40 CFR 51.166, and the May 16, 2008 new 
source review implementation rule for PM2.5 at 73 FR 28321. 
Because West Virginia's regulations at 45CSR14 fully meet the federal 
requirements for PSD in the CAA, EPA also found that West Virginia's 
PSD program now addresses specific PSD-related portions of the 
infrastructure program elements in section 110(a)(2) of the CAA for the 
1997 ozone and PM2.5 NAAQS, the 2006 PM2.5 NAAQS, 
the 2008 lead and ozone NAAQS, and the 2010 nitrogen dioxide 
(NO2) and sulfur dioxide (SO2) NAAQS. Other 
specific requirements of and the rationale for EPA's approval action of 
West Virginia's revised PSD regulations and relevant infrastructure SIP 
revisions for several NAAQS are explained in the NPR and will not be 
restated here. No public comments were received on the NPR.

III. Final Action

    EPA is approving this SIP revision submitted by WVDEP as a revision 
to the West Virginia SIP for its PSD program and removing a prior 
conditional approval on the PSD program. In this action, EPA is also 
approving several of West Virginia's infrastructure SIP revisions as 
meeting the PSD elements of section 110(a)(2) of the CAA for the 1997 
ozone and PM2.5 NAAQS, the 2006 PM2.5 NAAQS, the 
2008 lead and ozone NAAQS, and the 2010 NO2 and 
SO2 NAAQS.

[[Page 53009]]

IV. Incorporation by Reference

    In this rule the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of 45CSR14-
16.7.c, described in the amendments to 40 CFR part 52 set forth below. 
The EPA has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and/or may be 
viewed at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).

V. Statutory and Executive Order Reviews

A. General Requirements

    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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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 October 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 which revises West Virginia's PSD regulations 
related to emissions of PM2.5 and which approves portions of 
several infrastructure SIPs as addressing PSD elements in CAA section 
110(a)(2) 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, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 25, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart XX--West Virginia

0
2. In Sec.  52.2520:
0
a. The table in paragraph (c) is amended by revising the entries for 
45CSR Series 14.
0
b. The table in paragraph (e) is amended by revising the entries for:
0
i. Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour 
Ozone NAAQS,
0
ii. Section 110(a)(2) Infrastructure Requirements for the 1997 
PM2.5 NAAQS,
0
iii. Section 110(a)(2) Infrastructure Requirements for the 2006 
PM2.5 NAAQS,
0
iv. Section 110(a)(2) Infrastructure Requirements for the 2008 Lead 
NAAQS,
0
v. Section 110(a)(2) Infrastructure Requirements for the 2008 8-Hour 
Ozone NAAQS,
0
vi. Section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen 
Dioxide NAAQS, and
0
vii. Section 110(a)(2) Infrastructure Requirements for the 2010 1-Hour 
Sulfur Dioxide NAAQS.
    The revised text reads as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

[[Page 53010]]



                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                                                                   Additional
 State citation [Chapter 16-20                             State effective                        explanation/
          or 45 CSR ]                 Title/Subject             date        EPA Approval date    Citation at 40
                                                                                                  CFR 52.2565
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 [45CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution
                                 for the Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
Section 45-14-1................  General................        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-2................  Definitions............        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-3................  Applicability..........        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-4................  Ambient Air Quality            06/01/2015  08/11/2016,        .................
                                  Increments and                             [Insert Federal
                                  Ceilings.                                  Register
                                                                             citation].
Section 45-14-5................  Area Classification....        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-6................  Prohibition of                 06/01/2015  08/11/2016,        .................
                                  Dispersion Enhancement                     [Insert Federal
                                  Techniques.                                Register
                                                                             citation].
Section 45-14-7................  Registration, Report           06/01/2015  08/11/2016,        .................
                                  and Permit                                 [Insert Federal
                                  Requirements for Major                     Register
                                  Stationary Sources and                     citation].
                                  Major Modifications.
Section 45-14-8................  Requirements Relating          06/01/2015  08/11/2016,        .................
                                  to Control Technology.                     [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-9................  Requirements Relating          06/01/2015  08/11/2016,        .................
                                  to the Source's Impact                     [Insert Federal
                                  on Air Quality.                            Register
                                                                             citation].
Section 45-14-10...............  Modeling Requirements..        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-11...............  Air Quality Monitoring         06/01/2015  08/11/2016,        .................
                                  Requirements.                              [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-12...............  Additional Impacts             06/01/2015  08/11/2016,        .................
                                  Analysis Requirements.                     [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-13...............  Additional Requirements        06/01/2015  08/11/2016,        .................
                                  and Variances for                          [Insert Federal
                                  Source Impacting                           Register
                                  Federal Class 1 Areas.                     citation].
Section 45-14-14...............  Procedures for Sources         06/01/2015  08/11/2016,        .................
                                  Employing Innovative                       [Insert Federal
                                  Control Technology.                        Register
                                                                             citation].
Section 45-14-15...............  Exclusions From                06/01/2015  08/11/2016,        .................
                                  Increment Consumption.                     [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-16...............  Specific Exemptions....        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-17...............  Public Review                  06/01/2015  08/11/2016,        .................
                                  Procedures.                                [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-18...............  Public Meetings........        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-19...............  Permit Transfer,               06/01/2015  08/11/2016,        .................
                                  Cancellation and                           [Insert Federal
                                  Responsibility.                            Register
                                                                             citation].
Section 45-14-20...............  Disposition of Permits.        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-21...............  Conflict with Other            06/01/2015  08/11/2016,        .................
                                  Permitting Rules.                          [Insert Federal
                                                                             Register
                                                                             citation].

[[Page 53011]]

 
Section 45-14-25...............  Actual PALs............        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-26...............  Inconsistency Between          06/01/2015  08/11/2016,        .................
                                  Rules.                                     [Insert Federal
                                                                             Register
                                                                             citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP        Applicable      State submittal
            revision              geographic area          date        EPA Approval date  Additional explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2)                Statewide........  12/3/07, 5/21/08.  8/4/11, 76 FR      This action addresses
 Infrastructure Requirements                                            47062.             the following CAA
 for the 1997 8-Hour Ozone                                                                 elements or portions
 NAAQS.                                                                                    thereof:
                                                                                           110(a)(2)(A), (B),
                                                                                           (C), (D)(ii), (E),
                                                                                           (F), (G), (H), (J),
                                                                                           (K), (L), and (M).
                                                    12/3/07, 12/11/    10/17/12, 77 FR    Approval of the
                                                     07, 8/31/11.       63736.             following PSD-related
                                                                                           elements or portions
                                                                                           thereof:
                                                                                           110(a)(2)(D)(i)(II),
                                                                                           except taking no
                                                                                           action on the
                                                                                           definition of
                                                                                           ``regulated NSR
                                                                                           pollutant'' found at
                                                                                           45CSR14 section 2.66
                                                                                           only as it relates to
                                                                                           the requirement to
                                                                                           include condensable
                                                                                           emissions of
                                                                                           particulate matter in
                                                                                           that definition. See
                                                                                           Sec.   52.2522(i).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(D)(i)(II).
                                                                        citation].         See Sec.   52.2520.
Section 110(a)(2)                Statewide........  4/3/08, 5/21/08,   8/4/11, 76 FR      This action addresses
 Infrastructure Requirements                         7/9/08, 3/18/10.   47062.             the following CAA
 for the 1997 PM2.5 NAAQS.                                                                 elements or portions
                                                                                           thereof:
                                                                                           110(a)(2)(A), (B),
                                                                                           (C), (D)(ii), (E),
                                                                                           (F), (G), (H), (J),
                                                                                           (K), (L), and (M).
                                                    12/11/07, 4/3/08,  10/17/12, 77 FR    Approval of the
                                                     8/31/11.           63736.             following PSD-related
                                                                                           elements or portions
                                                                                           thereof: 110(a)(2)(D)
                                                                                           (i)(II), except
                                                                                           taking no action on
                                                                                           the definition of
                                                                                           ``regulated NSR
                                                                                           pollutant'' found at
                                                                                           45CSR14 section 2.66
                                                                                           only as it relates to
                                                                                           the requirement to
                                                                                           include condensable
                                                                                           emissions of
                                                                                           particulate matter in
                                                                                           that definition. See
                                                                                           Sec.   52.2522(i).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(D)(i)(II).
                                                                        citation].         See Sec.   52.2520.
Section 110(a)(2)                Statewide........  10/1/09, 3/18/10.  8/4/11, 76 FR      This action addresses
 Infrastructure Requirements                                            47062.             the following CAA
 for the 2006 PM2.5 NAAQS.                                                                 elements or portions
                                                                                           thereof:
                                                                                           110(a)(2)(A), (B),
                                                                                           (C), (D)(ii), (E),
                                                                                           (F), (G), (H), (J),
                                                                                           (K), (L), and (M).
                                                    10/1/09, 8/31/11.  10/17/12, 77 FR    Approval of the
                                                                        63736.             following PSD-related
                                                                                           elements or portions
                                                                                           thereof: 110(a)(2)(D)
                                                                                           (i)(II), except
                                                                                           taking no action on
                                                                                           the definition of
                                                                                           ``regulated NSR
                                                                                           pollutant'' found at
                                                                                           45CSR14 section 2.66
                                                                                           only as it relates to
                                                                                           the requirement to
                                                                                           include condensable
                                                                                           emissions of
                                                                                           particulate matter in
                                                                                           that definition. See
                                                                                           Sec.   52.2522(i).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(D)(i)(II).
                                                                        citation].         See Sec.   52.2520.
 

[[Page 53012]]

 
                                                  * * * * * * *
Section 110(a)(2)                Statewide........  10/26/11.........  9/10/12, 77 FR     This action addresses
 Infrastructure Requirements                                            55417.             the following CAA
 for the 2008 Lead NAAQS.                                                                  elements:
                                                                                           110(a)(2)(A), (B),
                                                                                           (C), (D), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M), or
                                                                                           portions thereof.
                                                    8/31/11, 10/26/11  10/17/12, 77 FR    Approval of the
                                                                        63736.             following elements or
                                                                                           portions thereof:
                                                                                           110(a)(2)(C),
                                                                                           (D)(i)(II), and (J),
                                                                                           except taking no
                                                                                           action on the
                                                                                           definition of
                                                                                           ``regulated NSR
                                                                                           pollutant'' found at
                                                                                           45CSR14 section 2.66
                                                                                           only as it relates to
                                                                                           the requirement to
                                                                                           include condensable
                                                                                           emissions of
                                                                                           particulate matter in
                                                                                           that definition. See
                                                                                           Sec.   52.2522(i).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(C),
                                                                        citation].         (D)(i)(II), and (J).
                                                                                           See Sec.   52.2520.
Section 110(a)(2)                Statewide........  8/31/11, 2/17/12.  10/17/12, 77 FR    Approval of the
 Infrastructure Requirements                                            63736.             following PSD-related
 for the 2008 8-Hour Ozone                                                                 elements or portions
 NAAQS.                                                                                    thereof:
                                                                                           110(a)(2)(C),
                                                                                           (D)(i)(II), and (J),
                                                                                           except taking no
                                                                                           action on the
                                                                                           definition of
                                                                                           ``regulated NSR
                                                                                           pollutant'' found at
                                                                                           45CSR14 section 2.66
                                                                                           only as it relates to
                                                                                           the requirement to
                                                                                           include condensable
                                                                                           emissions of
                                                                                           particulate matter in
                                                                                           that definition. See
                                                                                           Sec.   52.2522(i).
                                                    2/17/12..........  4/7/2014,........  This action addresses
                                                                       79 FR 19001......   the following CAA
                                                                                           elements, or portions
                                                                                           thereof:
                                                                                           110(a)(2)(A), (B),
                                                                                           (C), (D), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M).
                                                    7/24/14..........  3/9/15,..........  Addresses CAA element
                                                                       80 FR 12348......   110(a)(2)(E)(ii).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(C),
                                                                        citation].         (D)(i)(II), and (J).
                                                                                           See Sec.   52.2520.
 
                                                  * * * * * * *
Section 110(a)(2)                Statewide........  12/13/12.........  1/22/14, 78 FR     This action addresses
 Infrastructure Requirements                                            3504.              the following CAA
 for the 2010 Nitrogen Dioxide                                                             elements:
 NAAQS.                                                                                    110(a)(2)(A), (B),
                                                                                           (C), (D), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M), or
                                                                                           portions thereof.
                                                    7/24/14..........  3/9/15, 80 FR      Addresses CAA element
                                                                        12348.             110(a)(2)(E)(ii).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(C),
                                                                        citation].         (D)(i)(II), and (J).
                                                                                           See Sec.   52.2520.
 
                                                  * * * * * * *
Section 110(a)(2)                Statewide........  6/25/13..........  10/16/14, 79 FR    This action addresses
 Infrastructure Requirements                                            62035.             the following CAA
 for the 2010 1-Hour Sulfur                                                                elements:
 Dioxide NAAQS.                                                                            110(a)(2)(A), (B),
                                                                                           (C) (enforcement and
                                                                                           minor new source
                                                                                           review), (D)(ii),
                                                                                           (E)(i) and (iii),
                                                                                           (F), (G), (H), (J)
                                                                                           (consultation, public
                                                                                           notification, and
                                                                                           visibility
                                                                                           protection), (K),
                                                                                           (L), and (M).
                                                    7/24/14..........  3/9/15, 80 FR      Addresses CAA element
                                                                        12348.             110(a)(2)(E)(ii).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(C),
                                                                        citation].         (D)(i)(II), and (J).
                                                                                           See Sec.   52.2520.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-18518 Filed 8-10-16; 8:45 am]
 BILLING CODE 6560-50-P