Approval of Air Quality Implementation Plans; Puerto Rico; Infrastructure Requirements for the 1997 and 2008 Ozone, 1997 and 2006 Fine Particulate Matter and 2008 Lead NAAQS, 62813-62817 [2016-21326]

Download as PDF Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Rules and Regulations clarity and precision, provides a reasonable basis for setting statutory terms and rates and, therefore, the Judges adopt the settlement as proposed as well as the improved language. Moreover, the Judges believe that the proposed change to the placement of the extant regulations (i.e., relocating them to 37 CFR part 387) and the nonsubstantive changes to the regulations are reasonable and appropriate measures to consolidate related CRB regulations and to make those regulations more comprehensible. Therefore, the Judges adopt the regulations as proposed. List of Subjects in 37 CFR Part 387 Cable television, Copyright, Royalties. Final Regulations In consideration of the foregoing, the Copyright Royalty Judges amend 37 CFR chapter III by adding part 387 to read as follows: ■ PART 387—ADJUSTMENT OF ROYALTY FEE FOR CABLE COMPULSORY LICENSE Sec. 387.1 General. 387.2 Royalty fee for compulsory license for secondary transmission by cable systems. Authority: 17 U.S.C. 801(b)(2), 803(b)(6). § 387.1 General. This part establishes adjusted terms and rates for royalty payments in accordance with the provisions of 17 U.S.C. 111 and 801(b)(2)(A), (B), (C), and (D). Upon compliance with 17 U.S.C. 111 and the terms and rates of this part, a cable system shall be subject to a statutory license authorizing secondary transmissions of broadcast signals to the extent provided in 17 U.S.C. 111. Lhorne on DSK30JT082PROD with RULES § 387.2 Royalty fee for compulsory license for secondary transmission by cable systems. (a) Royalty fee rates. Commencing with the first semiannual accounting period of 2015 and for each semiannual accounting period thereafter, the royalty fee rates for secondary transmission by cable systems not subject to paragraph (b) of this section are those established by 17 U.S.C. 111(d)(1)(B)(i)–(iv), as amended. (b) Rates for certain classes of cable systems. Commencing with the first semiannual accounting period of 2015 and for each semiannual accounting period thereafter, the alternate tiered royalty fee rates for cable systems with certain levels of gross receipts as VerDate Sep<11>2014 15:24 Sep 12, 2016 Jkt 238001 described in 17 U.S.C. 111(d)(1)(E) and (F), are those described therein. (c) 3.75 percent rate. Commencing with the first semiannual accounting period of 2015, and for each semiannual accounting period thereafter, and notwithstanding paragraphs (a) and (d) of this section, for each distant signal equivalent or fraction thereof not represented by the carriage of: (1) Any signal that was permitted (or, in the case of cable systems commencing operations after June 24, 1981, that would have been permitted) under the rules and regulations of the Federal Communications Commission in effect on June 24, 1981 (former 47 CFR 76.1 through 76.617 (1980)); or (2) A signal of the same type (that is, independent, network, or noncommercial educational) substituted for such permitted signal; or (3) A signal that was carried pursuant to an individual waiver of (former 47 CFR 76.1 through 76.617 (1980)); in lieu of the royalty rates specified in paragraphs (a) and (d) of this section, the royalty rate shall be 3.75 percent of the gross receipts of the cable system for each distant signal equivalent. Any fraction of a distant signal equivalent shall be computed at its fractional value. (d) Syndicated exclusivity surcharge. Commencing with the first semiannual accounting period of 2015 and for each semiannual accounting period thereafter, in the case of a cable system located outside the 35-mile specified zone of a commercial VHF station that places a predicted Grade B contour, in whole or in part, over the cable system, and that is not significantly viewed or otherwise exempt from the FCC’s syndicated exclusivity rules in effect on June 24, 1981 (former 47 CFR 76.151 through 76.617 (1980)), for each distant signal equivalent or fraction thereof represented by the carriage of such commercial VHF station, the royalty rate shall be, in addition to the amount specified in paragraph (a) of this section: (1) For cable systems located wholly or in part within a top 50 television market: (i) 0.599 percent of such gross receipts for the first distant signal equivalent; (ii) 0.377 percent of such gross receipts for each of the second, third, and fourth distant signal equivalents; and (iii) 0.178 percent of such gross receipts for the fifth distant signal equivalent and each additional distant signal equivalent thereafter; (2) For cable systems located wholly or in part within a second 50 television market: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 62813 (i) 0.300 percent of such gross receipts for the first distant signal equivalent; (ii) 0.189 percent of such gross receipts for each of the second, third, and fourth distant signal equivalents; and (iii) 0.089 percent of such gross receipts for the fifth distant signal equivalent and each additional distant signal equivalent thereafter; (3) For purposes of this section ‘‘first 50 major television markets’’ and ‘‘second 50 major television markets’’ shall be defined as those terms are defined or interpreted in accordance with the Federal Communications Commission rule ‘‘Major television markets’’ in effect on June 24, 1981 (47 CFR 76.51 (1980)). (e) Computation of rates. Computation of royalty fees shall be governed by 17 U.S.C. 111(d) and 111(f) and 37 CFR 201.17. Dated: June 28, 2016. Suzanne M. Barnett, Chief Copyright Royalty Judge. Approved: David S. Mao, Acting Librarian of Congress. [FR Doc. 2016–20529 Filed 9–12–16; 8:45 am] BILLING CODE 1410–72–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R02–OAR–2016–0060; FRL–9945–84– Region 2] Approval of Air Quality Implementation Plans; Puerto Rico; Infrastructure Requirements for the 1997 and 2008 Ozone, 1997 and 2006 Fine Particulate Matter and 2008 Lead NAAQS Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving most elements of the five State Implementation Plan (SIP) revision submittals from the Commonwealth of Puerto Rico to demonstrate that the State meets the requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA) for the 1997 and 2008 ozone, 1997 and 2006 fine particulate matter (PM2.5) and 2008 lead National Ambient Air Quality Standards (NAAQS). The SIP is required to address basic program elements, including, but not limited to: Regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. SUMMARY: E:\FR\FM\13SER1.SGM 13SER1 62814 Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Rules and Regulations These elements are referred to as infrastructure requirements. In this rulemaking action, EPA is approving, in accordance with the requirements of the CAA, the infrastructure SIP submissions with the exception of some portions of the submittals addressing Prevention of Significant Deterioration (PSD). DATES: This rule is effective on October 13, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R02–OAR–2016–0060. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., 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 electronically through www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Raymond K. Forde, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007–1866, (212) 637– 3716, or by email at forde.raymond@ epa.gov. SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is arranged as follows: Table of Contents I. What is the background information? II. What comments did EPA receive in response to its proposal? III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews Lhorne on DSK30JT082PROD with RULES I. What is the background information? On July 18, 1997, the Environmental Protection Agency (EPA) promulgated a revised national ambient air quality standard (NAAQS or standards) for ozone (62 FR 38856) and a new NAAQS for fine particle matter (PM2.5) (62 FR 38652). The revised ozone NAAQS was based on 8-hour average concentrations. The 8-hour averaging period replaced the previous 1-hour averaging period, and the level of the NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm. The new PM2.5 NAAQS established a health-based annual standard of 15.0 micrograms per cubic meter (mg/m3) based on a 3-year average of annual mean PM2.5 concentrations, and a 24-hour standard of 65 mg/m3 based on a 3-year average of the 98th percentile of 24-hour concentrations. VerDate Sep<11>2014 15:24 Sep 12, 2016 Jkt 238001 On October 17, 2006 (71 FR 61144), effective December 18, 2006, EPA revised the 24-hour average PM2.5 primary and secondary NAAQS from 65 mg/m3 to 35 mg/m3. As required by section 110(a)(1) of the CAA, the 110(a)(2) submittals were due within three years after promulgation of the revised standard. On March 27, 2008 (73 FR 16436) EPA strengthened its NAAQS for ground-level ozone, revising the 8-hour primary ozone standard to 0.075 ppm. EPA also strengthened the secondary 8hour ozone standard to the level of 0.075 ppm making it identical to the revised primary standard. On November 12, 2008 (73 FR 66964), EPA promulgated a revised NAAQS for lead. The Agency revised the level of the primary lead standard from 1.5 mg/ m3 to 0.15 mg/m3. The EPA also revised the secondary NAAQS to 0.15 mg/m3 and made it identical to the revised primary standard. Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements, and legal authority that are designed to assure attainment and maintenance of the NAAQS. Section 110(a) imposes the obligation upon states to make a SIP submission to EPA for a new or revised NAAQS, but the contents of that submission may vary depending upon the facts and circumstances. In particular, the data and analytical tools available at the time the state develops and submits the SIP for a new or revised NAAQS affect the content of the submission. The content of such SIP submission may also vary depending upon what provisions the state’s existing SIP already contains. More specifically, section 110(a)(1) provides the procedural and timing requirements for SIPs. Section 110(a)(2) lists specific elements that states must meet for ‘‘infrastructure’’ SIP requirements related to a newly established or revised NAAQS. As mentioned earlier, these requirements include basic SIP elements such as requirements for monitoring, basic program requirements, and legal authority that are designed to assure attainment and maintenance of the NAAQS. EPA is acting on five SIP revision submittals from the Commonwealth of Puerto Rico Environmental Quality Board (PREQB) to satisfy the PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 requirements of section 110(a)(2) of the CAA for the 1997 and 2008 ozone, 1997 and 2006 PM2.5 and 2008 lead NAAQS. On November 29, 2006, PREQB submitted SIP revisions addressing the infrastructure requirements for the 1997 ozone and PM2.5 NAAQS. On January 22, 2013, PREQB submitted SIP revisions addressing the infrastructure requirements for the 2006 PM2.5 and 2008 ozone NAAQS. On January 31, 2013, PREQB submitted SIP revisions addressing the infrastructure requirements for the 2008 lead NAAQS. On April 16, 2015, PREQB supplemented the January 22, 2013 submittal for the 2006 PM2.5 NAAQS. On February 1, 2016, PREQB submitted additional provisions for inclusion into the SIP which address infrastructure SIP requirements for 1997 and 2008 ozone, 1997 and 2006 PM2.5 and 2008 lead NAAQS. Each of the infrastructure SIP submittals addressed the following infrastructure elements for the applicable NAAQS which EPA is approving pursuant to section 110(a)(2) of the CAA. Specifically sections 110(a)(2)(A), (B), portions of (C), portions of (D), (E), (F), (G), (H), portions of (J), (K), (L), and (M) for the 1997 and 2008 ozone, 1997 and 2006 PM2.5 and 2008 lead NAAQS. II. What comments did EPA receive in response to its proposal? In response to EPA’s proposed approval of Puerto Rico’s SIP revision, a comment was received from one interested party. The comment and EPA’s response are as follows: Comment The comment asserts that the proposed rule is confusing and hard to follow. The comment states that PREQB made 5 revisions over the past 11 or so years and that the last public meetings were 5 years ago. The comment states that this piecemeal approach is not useful for the public to follow and that EPA’s explanation about why it is justified in accepting this approach is hard to understand. Commentor notes that the examples of New Mexico and Tennessee cover much shorter timeframes. Commentor states that the purpose of the current SIP is to show PREQB can implement, enforce and maintain the NAAQS covered by the SIP and asks how have they proven this. The comment references a newspaper article and states that the Puerto Rico Electric Power Authority (PREPA) is the main polluter on the island and that it is embroiled in scandal related to burning substandard fuel that calls into question the records submitted and the roles of PREQB and USEPA. Commentor E:\FR\FM\13SER1.SGM 13SER1 Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Rules and Regulations Lhorne on DSK30JT082PROD with RULES asserts that it is not clear the PREQB is capable of enforcing the SIP and protecting our air and health of our citizens. Response EPA disagrees that PREQB is taking a piecemeal approach to revising the SIP. Under CAA sections 110(a)(1) and 110(a)(2), each state is required to submit a SIP that provides for the implementation, maintenance, and enforcement of each primary and secondary NAAQS. Moreover, CAA sections 110(a)(1) and 110(a)(2) require each state to make this new SIP submission within 3 years after promulgation of a new or revised NAAQS. In addition, EPA is proposing action on these SIP revisions simultaneously, and not separately, since each SIP revision addresses the infrastructure requirements of the CAA. PREQB provided the necessary public notice and public hearings for each SIP revision as required by the CAA. Public hearings were held by PREQB for the lead infrastructure SIP on October 10, 2011. Public hearings were held by PREQB for the ozone and PM2.5 infrastructure SIPs on December 19, 2011. With respect to public hearings, EPA’s proposed approval is not based on how many public meetings PREQB holds, or how long ago the last one was held. Rather EPA’s proposed approval is based, in part, on PREQB’s ability to hold a public hearing on each revision to the SIP. The proposed timeframes for other state SIP actions have no bearing on EPA’s proposed approval of Puerto Rico’s SIP submittal. Footnote 4 of the proposal cites New Mexico SIP actions as an example in support of EPA’s statement, in the proposal, ‘‘If states elect to make such multiple SIP submissions to meet the infrastructure SIP requirements, EPA can elect to act on such submissions either individually or in a larger combined action.’’ 81 FR 8457. Similarly, footnote 5 of the proposal cites Tennessee SIP actions as an example in support of EPA’s statement in the proposal that, ‘‘EPA interprets the CAA to allow it to take action on the individual parts of one larger, comprehensive infrastructure SIP submission for a given NAAQS without concurrent action on the entire submission. For example, EPA has sometimes elected to act at different times on various elements and subelements of the same infrastructure SIP submittal.’’ 81 FR 8457. Commentor is referred to the technical support document (TSD) in the docket for this matter which describes in detail PREQB’s procedures VerDate Sep<11>2014 15:24 Sep 12, 2016 Jkt 238001 for implementing, enforcing and maintaining the NAAQS. EPA’s proposed approval is based on PREQB having these procedures in place. Finally, EPA is not a party to and cannot comment on the ongoing litigation that the Commentor cites with respect to PREPA. III. What action is EPA taking? EPA is approving Puerto Rico’s infrastructure submittals dated November 29, 2006, January 22, 2013 and January 31, 2013, and supplemented April 16, 2015 and February 1, 2016, for the 1997 ozone and PM2.5, 2008 ozone and 2006 PM2.5, and 2008 lead NAAQS, respectively, as meeting the requirements of section 110(a)(2) of the CAA, including specifically section 110(a)(2)(A), (B), (C)(with the exception of program requirements for PSD), (D)(i)(II) (with the exception of program requirements related to PSD), (D)(ii) (with the exception of program requirements related to PSD), (E), (F), (G), (H), (J) (with the exception of program requirements related to PSD), (K), (L), and (M). EPA is incorporating by reference Act 416 (Commonwealth of Puerto Rico’s ‘‘Environmental Public Policy Act’’), Title II, ‘‘On the Environmental Board,’’ Section 7, ‘‘Creating the Board; Members; Terms,’’ sections A. and D., approved September 22, 2004 and effective six months after its approval and Act 1 (‘‘Puerto Rico Government Ethics Act of 2011’’), Chapter V, ‘‘Financial Reports,’’ (approved January 3, 2012 and effective January 1, 2012, except for Sections 5.5(a) and 5.8(a), which became effective 180 days after the effective date), for inclusion into Puerto Rico’s SIP. These provisions are intended to apply to any person subject to CAA section 128, and are included in the SIP to address the requirements of CAA sections 110(a)(2)(E)(ii) and 128 for the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 lead, and 2008 ozone NAAQS. EPA is disapproving the following infrastructure SIP requirements as they relate to the PSD program because Puerto Rico lacks a State adopted PSD rule to satisfy CAA sections 110(a)(2)(C), (D)(i)(II), (D)(ii) and (J) for the 1997 and 2008 ozone NAAQS, 1997 and 2006 PM2.5 NAAQS, and 2008 lead NAAQS. It should be noted that a Federal Implementation Plan (FIP) clock will not be started because a PSD FIP is currently in place, and sanctions will not be triggered. Since Puerto Rico is not required to address the visibility portion of section 110(a)(2)(J) in the context of an infrastructure SIP, and therefore did not make a submission, PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 62815 action on this sub-element is not applicable. A detailed analysis of EPA’s review and rationale for approving and disapproving elements of the infrastructure SIP submittals as addressing these CAA requirements may be found in the February 19, 2016 proposed rulemaking action (81 FR 8455) and Technical Support Document (TSD) which are available on line at www.regulations.gov, Docket ID Number EPA–R02–OAR–2016–0060. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Commonwealth of Puerto Rico Statutes described in the proposed amemdments to 40 CFR part 52 set forth below. EPA is incorporating by reference Act 416 (Commonwealth of Puerto Rico’s ‘‘Environmental Public Policy Act’’), Title II, ‘‘On the Environmental Board,’’ Section 7, ‘‘Creating the Board; Members; Terms,’’ sections A. and D., approved September 22, 2004, and Act 1 (‘‘Puerto Rico Government Ethics Act of 2011’’), Chapter V, ‘‘Financial Reports,’’ approved January 3, 2012, for inclusion into Puerto Rico’s SIP to address the requirements of CAA sections 110(a)(2)(E)(ii) and 128. The EPA has made, and will continue to make, these documents generally available electronically through http:// www.regulations (see the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act 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 Order 12866 (58 FR 51735, October 4, 1993); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); E:\FR\FM\13SER1.SGM 13SER1 62816 Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Rules and Regulations Lhorne on DSK30JT082PROD with RULES • 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. 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 VerDate Sep<11>2014 15:24 Sep 12, 2016 Jkt 238001 required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 14, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: May 2, 2016. Judith A. Enck, Regional Administrator, Region 2. Editorial Note: This document was received for publication by the Office of the Federal Register on August 31, 2016. For the reasons set forth in the preamble, the Environmental Protection Agency amends part 52 of chapter I, title 40 of the Code of Federal Regulations as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Authority: 42 U.S.C. 7401 et seq. Subpart BBB—Puerto Rico 2. Section 52.2720 is amended by adding paragraph (c)(39) to read as follows: ■ § 52.2720 Identification of plan. * * * * * (c) * * * (39) Revisions to the State Implementation Plan submitted by the Puerto Rico Environmental Quality Board (EQB) on November 29, 2006, and supplemented February 1, 2016 for the 1997 ozone and PM2.5 NAAQS; dated January 22, 2013, and supplemented April 16, 2015 and February 1, 2016 for the 2006 PM2.5 and supplemented February 1, 2016 for the 2008 ozone NAAQS; and dated January 31, 2013 and supplemented February 1, 2016 for the 2008 lead NAAQS. (i) Incorporation by reference. These provisions are intended to apply to any person subject to CAA section 128, and are included in the SIP to address the requirements of CAA sections 110(a)(2)(E)(ii) and 128. (A) Act 416 (Commonwealth of Puerto Rico’s ‘‘Environmental Public Policy Act’’), Title II, ‘‘On the Environmental Board,’’ Section 7, ‘‘Creating the Board; Members; Terms,’’ sections A. and D., approved September 22, 2004; (B) Act 1 (‘‘Puerto Rico Government Ethics Act of 2011’’), Chapter V, ‘‘Financial Reports,’’ approved January 3, 2012. 3. Amend § 52.2723 by revising the section heading and the title of the table and adding a heading and the entries ‘‘Act 1’’ and ‘‘Act 416’’ at the end of the table to read as follows: ■ § 52.2723 EPA-approved Puerto Rico regulations and laws. 1. The authority citation for part 52 continues to read as follows: ■ PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\13SER1.SGM 13SER1 62817 Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Rules and Regulations REGULATION FOR THE CONTROL OF ATMOSPHERIC POLLUTION AND PUERTO RICO LAWS Commonwealth effective date Puerto Rico regulation * * * EPA approval date * Comments * * * PUERTO RICO LAWS Act 1 (‘‘Puerto Rico Government Ethics Act of 2011’’), Chapter V, ‘‘Financial Reports’’. January 3, 2012 ........ September 13, 2016, [insert Federal Register citation]. Act 416 (Commonwealth of Puerto Rico’s ‘‘Environmental Public Policy Act’’), Title II, ‘‘On the Environmental Board,’’ Section 7, ‘‘Creating the Board; Members; Terms,’’ sections A. and D. September 22, 2004 September 13, 2016, [insert Federal Register citation]. ■ 4. Add § 52.2730 to read as follows: Lhorne on DSK30JT082PROD with RULES § 52.2730 Section 110(a)(2) infrastructure requirements. (a) 1997 8-hour ozone and the 1997 PM2.5 NAAQS—(1) Approval. Submittal from Puerto Rico dated November 29, 2006 and supplemented February 1, 2016, to address the CAA infrastructure requirements for the 1997 ozone and the 1997 PM2.5 NAAQS. This submittal satisfies the 1997 ozone and the 1997 PM2.5 NAAQS requirements of the Clean Air Act (CAA) 110(a)(2)(A), (B), (C) (with the exception of program requirements for PSD), (D)(i)(II) and (ii) (with the exception of program requirements related to PSD), (E), (F), (G), (H), (J) (with the exception of program requirements related to PSD), (K), (L), and (M). (2) Disapproval. Submittal from Puerto Rico dated November 29, 2006 and supplemented February 1, 2016, to address the CAA infrastructure requirements for the 1997 ozone and the 1997 PM2.5 NAAQS are disapproved for the following sections: 110(a)(2)(C) (PSD program only), (D)(i)(II), PSD program only), (D)(ii) (PSD program only) and (J) (PSD program only). These requirements are being addressed by § 52.2729 which has been delegated to Puerto Rico to implement. (b) 2008 ozone and the 2006 PM2.5 NAAQS—(1) Approval. Submittal from Puerto Rico dated January 22, 2013, supplemented February 1, 2016 to address the CAA infrastructure requirements for the 2008 ozone NAAQS and supplemented April 16, 2015 and February 1, 2016 to address the CAA infrastructure requirements for the 2006 PM2.5 NAAQS. This submittal satisfies the 2008 ozone and the 2006 VerDate Sep<11>2014 15:24 Sep 12, 2016 Jkt 238001 PM2.5 NAAQS requirements of the Clean Air Act (CAA) 110(a)(2)(A), (B), (C) (with the exception of program requirements for PSD), (D)(i)(II) and (ii) (with the exception of program requirements related to PSD), (E), (F), (G), (H), (J) (with the exception of program requirements related to PSD), (K), (L), and (M). (2) Disapproval. Submittal from Puerto Rico dated January 22, 2013 and supplemented April 16, 2015 and February 1, 2016, to address the CAA infrastructure requirements for the 2008 ozone and the 2006 PM2.5 NAAQS are disapproved for the following sections: 110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), (D)(ii) (PSD program only) and (J) (PSD program only). These requirements are being addressed by § 52.2729 which has been delegated to Puerto Rico to implement. (c) 2008 lead NAAQS—(1) Approval. Submittal from Puerto Rico dated January 31, 2013 and supplemented February 1, 2016, to address the CAA infrastructure requirements for the 2008 lead NAAQS. This submittal satisfies the 2008 lead NAAQS requirements of the Clean Air Act (CAA) 110(a)(2)(A), (B), (C) (with the exception of program requirements for PSD), (D)(i)(II) and (ii) (with the exception of program requirements related to PSD), (E), (F), (G), (H), (J) (with the exception of program requirements related to PSD), (K), (L), and (M). (2) Disapproval. Submittal from Puerto Rico dated January 31, 2013 and supplemented February 1, 2016, to address the CAA infrastructure requirements for the 2008 lead NAAQS are disapproved for the following PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 These provisions are intended to apply to any person subject to Clean Air Act section 128, and are included in the SIP for the limited purpose of satisfying the requirements of Clean Air Act sections 110(a)(2)(E)(ii) and 128. January 3, 2012 is the Commonwealth approval date. These provisions are intended to apply to any person subject to Clean Air Act section 128, and are included in the SIP for the limited purpose of satisfying the requirements of Clean Air Act sections 110(a)(2)(E)(ii) and 128. September 22, 2004 is the Commonwealth approval date. sections: 110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), (D)(ii) (PSD program only) and (J) (PSD program only). These requirements are being addressed by § 52.2729 which has been delegated to Puerto Rico to implement. [FR Doc. 2016–21326 Filed 9–12–16; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 102 RIN 0906–AA84 Removing Outmoded Regulations Regarding the Smallpox Vaccine Injury Compensation Program Health Resources and Services Administration, HHS. ACTION: Direct final rule. AGENCY: This action removes the outmoded regulations for the Smallpox Vaccine Injury Compensation Program. The program and its implementing regulation have been rendered obsolete by the expiration of the Declaration Regarding Administration of Smallpox Countermeasures under the Smallpox Emergency Personnel Protection Act of 2003 and incorporation of the smallpox countermeasure injury coverage under the Public Readiness and Emergency Preparedness Act of 2005 and its authorization of the Countermeasures Injury Compensation Program. DATES: This action is effective November 14, 2016 without further action, unless adverse comment is received by October 13, 2016. If adverse SUMMARY: E:\FR\FM\13SER1.SGM 13SER1

Agencies

[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Rules and Regulations]
[Pages 62813-62817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21326]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2016-0060; FRL-9945-84-Region 2]


Approval of Air Quality Implementation Plans; Puerto Rico; 
Infrastructure Requirements for the 1997 and 2008 Ozone, 1997 and 2006 
Fine Particulate Matter and 2008 Lead NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving most 
elements of the five State Implementation Plan (SIP) revision 
submittals from the Commonwealth of Puerto Rico to demonstrate that the 
State meets the requirements of section 110(a)(1) and (2) of the Clean 
Air Act (CAA) for the 1997 and 2008 ozone, 1997 and 2006 fine 
particulate matter (PM2.5) and 2008 lead National Ambient 
Air Quality Standards (NAAQS). The SIP is required to address basic 
program elements, including, but not limited to: Regulatory structure, 
monitoring, modeling, legal authority, and adequate resources necessary 
to assure attainment and maintenance of the standards.

[[Page 62814]]

These elements are referred to as infrastructure requirements. In this 
rulemaking action, EPA is approving, in accordance with the 
requirements of the CAA, the infrastructure SIP submissions with the 
exception of some portions of the submittals addressing Prevention of 
Significant Deterioration (PSD).

DATES: This rule is effective on October 13, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2016-0060. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., 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 electronically through www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Raymond K. Forde, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3716, or by email at 
forde.raymond@epa.gov.

SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is 
arranged as follows:

Table of Contents

I. What is the background information?
II. What comments did EPA receive in response to its proposal?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background information?

    On July 18, 1997, the Environmental Protection Agency (EPA) 
promulgated a revised national ambient air quality standard (NAAQS or 
standards) for ozone (62 FR 38856) and a new NAAQS for fine particle 
matter (PM2.5) (62 FR 38652). The revised ozone NAAQS was 
based on 8-hour average concentrations. The 8-hour averaging period 
replaced the previous 1-hour averaging period, and the level of the 
NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm. The 
new PM2.5 NAAQS established a health-based annual standard 
of 15.0 micrograms per cubic meter ([mu]g/m\3\) based on a 3-year 
average of annual mean PM2.5 concentrations, and a 24-hour 
standard of 65 [mu]g/m\3\ based on a 3-year average of the 98th 
percentile of 24-hour concentrations.
    On October 17, 2006 (71 FR 61144), effective December 18, 2006, EPA 
revised the 24-hour average PM2.5 primary and secondary 
NAAQS from 65 [mu]g/m\3\ to 35 [mu]g/m\3\. As required by section 
110(a)(1) of the CAA, the 110(a)(2) submittals were due within three 
years after promulgation of the revised standard.
    On March 27, 2008 (73 FR 16436) EPA strengthened its NAAQS for 
ground-level ozone, revising the 8-hour primary ozone standard to 0.075 
ppm. EPA also strengthened the secondary 8-hour ozone standard to the 
level of 0.075 ppm making it identical to the revised primary standard.
    On November 12, 2008 (73 FR 66964), EPA promulgated a revised NAAQS 
for lead. The Agency revised the level of the primary lead standard 
from 1.5 [mu]g/m\3\ to 0.15 [mu]g/m\3\. The EPA also revised the 
secondary NAAQS to 0.15 [mu]g/m\3\ and made it identical to the revised 
primary standard.
    Pursuant to section 110(a)(1) of the CAA, states are required to 
submit SIPs meeting the applicable requirements of section 110(a)(2) 
within three years after promulgation of a new or revised NAAQS or 
within such shorter period as EPA may prescribe. Section 110(a)(2) 
requires states to address basic SIP elements such as requirements for 
monitoring, basic program requirements, and legal authority that are 
designed to assure attainment and maintenance of the NAAQS. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances. In particular, the 
data and analytical tools available at the time the state develops and 
submits the SIP for a new or revised NAAQS affect the content of the 
submission. The content of such SIP submission may also vary depending 
upon what provisions the state's existing SIP already contains.
    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for ``infrastructure'' SIP requirements related 
to a newly established or revised NAAQS. As mentioned earlier, these 
requirements include basic SIP elements such as requirements for 
monitoring, basic program requirements, and legal authority that are 
designed to assure attainment and maintenance of the NAAQS.
    EPA is acting on five SIP revision submittals from the Commonwealth 
of Puerto Rico Environmental Quality Board (PREQB) to satisfy the 
requirements of section 110(a)(2) of the CAA for the 1997 and 2008 
ozone, 1997 and 2006 PM2.5 and 2008 lead NAAQS. On November 
29, 2006, PREQB submitted SIP revisions addressing the infrastructure 
requirements for the 1997 ozone and PM2.5 NAAQS. On January 
22, 2013, PREQB submitted SIP revisions addressing the infrastructure 
requirements for the 2006 PM2.5 and 2008 ozone NAAQS. On 
January 31, 2013, PREQB submitted SIP revisions addressing the 
infrastructure requirements for the 2008 lead NAAQS. On April 16, 2015, 
PREQB supplemented the January 22, 2013 submittal for the 2006 
PM2.5 NAAQS. On February 1, 2016, PREQB submitted additional 
provisions for inclusion into the SIP which address infrastructure SIP 
requirements for 1997 and 2008 ozone, 1997 and 2006 PM2.5 
and 2008 lead NAAQS. Each of the infrastructure SIP submittals 
addressed the following infrastructure elements for the applicable 
NAAQS which EPA is approving pursuant to section 110(a)(2) of the CAA. 
Specifically sections 110(a)(2)(A), (B), portions of (C), portions of 
(D), (E), (F), (G), (H), portions of (J), (K), (L), and (M) for the 
1997 and 2008 ozone, 1997 and 2006 PM2.5 and 2008 lead 
NAAQS.

II. What comments did EPA receive in response to its proposal?

    In response to EPA's proposed approval of Puerto Rico's SIP 
revision, a comment was received from one interested party. The comment 
and EPA's response are as follows:

Comment

    The comment asserts that the proposed rule is confusing and hard to 
follow. The comment states that PREQB made 5 revisions over the past 11 
or so years and that the last public meetings were 5 years ago. The 
comment states that this piecemeal approach is not useful for the 
public to follow and that EPA's explanation about why it is justified 
in accepting this approach is hard to understand. Commentor notes that 
the examples of New Mexico and Tennessee cover much shorter timeframes. 
Commentor states that the purpose of the current SIP is to show PREQB 
can implement, enforce and maintain the NAAQS covered by the SIP and 
asks how have they proven this. The comment references a newspaper 
article and states that the Puerto Rico Electric Power Authority 
(PREPA) is the main polluter on the island and that it is embroiled in 
scandal related to burning substandard fuel that calls into question 
the records submitted and the roles of PREQB and USEPA. Commentor

[[Page 62815]]

asserts that it is not clear the PREQB is capable of enforcing the SIP 
and protecting our air and health of our citizens.

Response

    EPA disagrees that PREQB is taking a piecemeal approach to revising 
the SIP. Under CAA sections 110(a)(1) and 110(a)(2), each state is 
required to submit a SIP that provides for the implementation, 
maintenance, and enforcement of each primary and secondary NAAQS. 
Moreover, CAA sections 110(a)(1) and 110(a)(2) require each state to 
make this new SIP submission within 3 years after promulgation of a new 
or revised NAAQS. In addition, EPA is proposing action on these SIP 
revisions simultaneously, and not separately, since each SIP revision 
addresses the infrastructure requirements of the CAA. PREQB provided 
the necessary public notice and public hearings for each SIP revision 
as required by the CAA. Public hearings were held by PREQB for the lead 
infrastructure SIP on October 10, 2011. Public hearings were held by 
PREQB for the ozone and PM2.5 infrastructure SIPs on 
December 19, 2011. With respect to public hearings, EPA's proposed 
approval is not based on how many public meetings PREQB holds, or how 
long ago the last one was held. Rather EPA's proposed approval is 
based, in part, on PREQB's ability to hold a public hearing on each 
revision to the SIP.
    The proposed timeframes for other state SIP actions have no bearing 
on EPA's proposed approval of Puerto Rico's SIP submittal. Footnote 4 
of the proposal cites New Mexico SIP actions as an example in support 
of EPA's statement, in the proposal, ``If states elect to make such 
multiple SIP submissions to meet the infrastructure SIP requirements, 
EPA can elect to act on such submissions either individually or in a 
larger combined action.'' 81 FR 8457. Similarly, footnote 5 of the 
proposal cites Tennessee SIP actions as an example in support of EPA's 
statement in the proposal that, ``EPA interprets the CAA to allow it to 
take action on the individual parts of one larger, comprehensive 
infrastructure SIP submission for a given NAAQS without concurrent 
action on the entire submission. For example, EPA has sometimes elected 
to act at different times on various elements and sub-elements of the 
same infrastructure SIP submittal.'' 81 FR 8457.
    Commentor is referred to the technical support document (TSD) in 
the docket for this matter which describes in detail PREQB's procedures 
for implementing, enforcing and maintaining the NAAQS. EPA's proposed 
approval is based on PREQB having these procedures in place. Finally, 
EPA is not a party to and cannot comment on the ongoing litigation that 
the Commentor cites with respect to PREPA.

III. What action is EPA taking?

    EPA is approving Puerto Rico's infrastructure submittals dated 
November 29, 2006, January 22, 2013 and January 31, 2013, and 
supplemented April 16, 2015 and February 1, 2016, for the 1997 ozone 
and PM2.5, 2008 ozone and 2006 PM2.5, and 2008 
lead NAAQS, respectively, as meeting the requirements of section 
110(a)(2) of the CAA, including specifically section 110(a)(2)(A), (B), 
(C)(with the exception of program requirements for PSD), (D)(i)(II) 
(with the exception of program requirements related to PSD), (D)(ii) 
(with the exception of program requirements related to PSD), (E), (F), 
(G), (H), (J) (with the exception of program requirements related to 
PSD), (K), (L), and (M).
    EPA is incorporating by reference Act 416 (Commonwealth of Puerto 
Rico's ``Environmental Public Policy Act''), Title II, ``On the 
Environmental Board,'' Section 7, ``Creating the Board; Members; 
Terms,'' sections A. and D., approved September 22, 2004 and effective 
six months after its approval and Act 1 (``Puerto Rico Government 
Ethics Act of 2011''), Chapter V, ``Financial Reports,'' (approved 
January 3, 2012 and effective January 1, 2012, except for Sections 
5.5(a) and 5.8(a), which became effective 180 days after the effective 
date), for inclusion into Puerto Rico's SIP. These provisions are 
intended to apply to any person subject to CAA section 128, and are 
included in the SIP to address the requirements of CAA sections 
110(a)(2)(E)(ii) and 128 for the 1997 ozone, 1997 PM2.5, 
2006 PM2.5, 2008 lead, and 2008 ozone NAAQS.
    EPA is disapproving the following infrastructure SIP requirements 
as they relate to the PSD program because Puerto Rico lacks a State 
adopted PSD rule to satisfy CAA sections 110(a)(2)(C), (D)(i)(II), 
(D)(ii) and (J) for the 1997 and 2008 ozone NAAQS, 1997 and 2006 
PM2.5 NAAQS, and 2008 lead NAAQS. It should be noted that a 
Federal Implementation Plan (FIP) clock will not be started because a 
PSD FIP is currently in place, and sanctions will not be triggered. 
Since Puerto Rico is not required to address the visibility portion of 
section 110(a)(2)(J) in the context of an infrastructure SIP, and 
therefore did not make a submission, action on this sub-element is not 
applicable.
    A detailed analysis of EPA's review and rationale for approving and 
disapproving elements of the infrastructure SIP submittals as 
addressing these CAA requirements may be found in the February 19, 2016 
proposed rulemaking action (81 FR 8455) and Technical Support Document 
(TSD) which are available on line at www.regulations.gov, Docket ID 
Number EPA-R02-OAR-2016-0060.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Commonwealth of Puerto Rico Statutes described in the proposed 
amemdments to 40 CFR part 52 set forth below.
    EPA is incorporating by reference Act 416 (Commonwealth of Puerto 
Rico's ``Environmental Public Policy Act''), Title II, ``On the 
Environmental Board,'' Section 7, ``Creating the Board; Members; 
Terms,'' sections A. and D., approved September 22, 2004, and Act 1 
(``Puerto Rico Government Ethics Act of 2011''), Chapter V, ``Financial 
Reports,'' approved January 3, 2012, for inclusion into Puerto Rico's 
SIP to address the requirements of CAA sections 110(a)(2)(E)(ii) and 
128.
    The EPA has made, and will continue to make, these documents 
generally available electronically through http://www.regulations (see 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act 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 Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

[[Page 62816]]

     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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 14, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

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

    Dated: May 2, 2016.
Judith A. Enck,
Regional Administrator, Region 2.

    Editorial Note: This document was received for publication by 
the Office of the Federal Register on August 31, 2016.

    For the reasons set forth in the preamble, the Environmental 
Protection Agency amends part 52 of chapter I, title 40 of the Code of 
Federal Regulations 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 BBB--Puerto Rico

0
2. Section 52.2720 is amended by adding paragraph (c)(39) to read as 
follows:


Sec.  52.2720  Identification of plan.

* * * * *
    (c) * * *
    (39) Revisions to the State Implementation Plan submitted by the 
Puerto Rico Environmental Quality Board (EQB) on November 29, 2006, and 
supplemented February 1, 2016 for the 1997 ozone and PM2.5 
NAAQS; dated January 22, 2013, and supplemented April 16, 2015 and 
February 1, 2016 for the 2006 PM2.5 and supplemented 
February 1, 2016 for the 2008 ozone NAAQS; and dated January 31, 2013 
and supplemented February 1, 2016 for the 2008 lead NAAQS.
    (i) Incorporation by reference. These provisions are intended to 
apply to any person subject to CAA section 128, and are included in the 
SIP to address the requirements of CAA sections 110(a)(2)(E)(ii) and 
128.
    (A) Act 416 (Commonwealth of Puerto Rico's ``Environmental Public 
Policy Act''), Title II, ``On the Environmental Board,'' Section 7, 
``Creating the Board; Members; Terms,'' sections A. and D., approved 
September 22, 2004;
    (B) Act 1 (``Puerto Rico Government Ethics Act of 2011''), Chapter 
V, ``Financial Reports,'' approved January 3, 2012.

0
3. Amend Sec.  52.2723 by revising the section heading and the title of 
the table and adding a heading and the entries ``Act 1'' and ``Act 
416'' at the end of the table to read as follows:


Sec.  52.2723  EPA-approved Puerto Rico regulations and laws.

[[Page 62817]]



                    Regulation for the Control of Atmospheric Pollution and Puerto Rico Laws
----------------------------------------------------------------------------------------------------------------
     Puerto Rico regulation       Commonwealth effective date         EPA approval date             Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                PUERTO RICO LAWS
----------------------------------------------------------------------------------------------------------------
Act 1 (``Puerto Rico Government  January 3, 2012..............  September 13, 2016, [insert    These provisions
 Ethics Act of 2011''), Chapter                                  Federal Register citation].    are intended to
 V, ``Financial Reports''.                                                                      apply to any
                                                                                                person subject
                                                                                                to Clean Air Act
                                                                                                section 128, and
                                                                                                are included in
                                                                                                the SIP for the
                                                                                                limited purpose
                                                                                                of satisfying
                                                                                                the requirements
                                                                                                of Clean Air Act
                                                                                                sections
                                                                                                110(a)(2)(E)(ii)
                                                                                                and 128. January
                                                                                                3, 2012 is the
                                                                                                Commonwealth
                                                                                                approval date.
Act 416 (Commonwealth of Puerto  September 22, 2004...........  September 13, 2016, [insert    These provisions
 Rico's ``Environmental Public                                   Federal Register citation].    are intended to
 Policy Act''), Title II, ``On                                                                  apply to any
 the Environmental Board,''                                                                     person subject
 Section 7, ``Creating the                                                                      to Clean Air Act
 Board; Members; Terms,''                                                                       section 128, and
 sections A. and D.                                                                             are included in
                                                                                                the SIP for the
                                                                                                limited purpose
                                                                                                of satisfying
                                                                                                the requirements
                                                                                                of Clean Air Act
                                                                                                sections
                                                                                                110(a)(2)(E)(ii)
                                                                                                and 128.
                                                                                                September 22,
                                                                                                2004 is the
                                                                                                Commonwealth
                                                                                                approval date.
----------------------------------------------------------------------------------------------------------------


0
4. Add Sec.  52.2730 to read as follows:


Sec.  52.2730   Section 110(a)(2) infrastructure requirements.

    (a) 1997 8-hour ozone and the 1997 PM2.5 NAAQS--(1) 
Approval. Submittal from Puerto Rico dated November 29, 2006 and 
supplemented February 1, 2016, to address the CAA infrastructure 
requirements for the 1997 ozone and the 1997 PM2.5 NAAQS. 
This submittal satisfies the 1997 ozone and the 1997 PM2.5 
NAAQS requirements of the Clean Air Act (CAA) 110(a)(2)(A), (B), (C) 
(with the exception of program requirements for PSD), (D)(i)(II) and 
(ii) (with the exception of program requirements related to PSD), (E), 
(F), (G), (H), (J) (with the exception of program requirements related 
to PSD), (K), (L), and (M).
    (2) Disapproval. Submittal from Puerto Rico dated November 29, 2006 
and supplemented February 1, 2016, to address the CAA infrastructure 
requirements for the 1997 ozone and the 1997 PM2.5 NAAQS are 
disapproved for the following sections: 110(a)(2)(C) (PSD program 
only), (D)(i)(II), PSD program only), (D)(ii) (PSD program only) and 
(J) (PSD program only). These requirements are being addressed by Sec.  
52.2729 which has been delegated to Puerto Rico to implement.
    (b) 2008 ozone and the 2006 PM2.5 NAAQS--(1) Approval. Submittal 
from Puerto Rico dated January 22, 2013, supplemented February 1, 2016 
to address the CAA infrastructure requirements for the 2008 ozone NAAQS 
and supplemented April 16, 2015 and February 1, 2016 to address the CAA 
infrastructure requirements for the 2006 PM2.5 NAAQS. This 
submittal satisfies the 2008 ozone and the 2006 PM2.5 NAAQS 
requirements of the Clean Air Act (CAA) 110(a)(2)(A), (B), (C) (with 
the exception of program requirements for PSD), (D)(i)(II) and (ii) 
(with the exception of program requirements related to PSD), (E), (F), 
(G), (H), (J) (with the exception of program requirements related to 
PSD), (K), (L), and (M).
    (2) Disapproval. Submittal from Puerto Rico dated January 22, 2013 
and supplemented April 16, 2015 and February 1, 2016, to address the 
CAA infrastructure requirements for the 2008 ozone and the 2006 
PM2.5 NAAQS are disapproved for the following sections: 
110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), (D)(ii) 
(PSD program only) and (J) (PSD program only). These requirements are 
being addressed by Sec.  52.2729 which has been delegated to Puerto 
Rico to implement.
    (c) 2008 lead NAAQS--(1) Approval. Submittal from Puerto Rico dated 
January 31, 2013 and supplemented February 1, 2016, to address the CAA 
infrastructure requirements for the 2008 lead NAAQS. This submittal 
satisfies the 2008 lead NAAQS requirements of the Clean Air Act (CAA) 
110(a)(2)(A), (B), (C) (with the exception of program requirements for 
PSD), (D)(i)(II) and (ii) (with the exception of program requirements 
related to PSD), (E), (F), (G), (H), (J) (with the exception of program 
requirements related to PSD), (K), (L), and (M).
    (2) Disapproval. Submittal from Puerto Rico dated January 31, 2013 
and supplemented February 1, 2016, to address the CAA infrastructure 
requirements for the 2008 lead NAAQS are disapproved for the following 
sections: 110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program 
only), (D)(ii) (PSD program only) and (J) (PSD program only). These 
requirements are being addressed by Sec.  52.2729 which has been 
delegated to Puerto Rico to implement.

[FR Doc. 2016-21326 Filed 9-12-16; 8:45 am]
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