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]
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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.
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§ 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
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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:
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(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:
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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
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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.
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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
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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
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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
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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,
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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 https://
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.);
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• 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
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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:
■
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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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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]
BILLING CODE 6560-50-P
