Air Plan Approval; Alabama and North Carolina; Interstate Transport-2010 NO2, 65286-65289 [2016-22760]
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Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations
Cormorant. The small boat ‘‘Nessy’’ is
described as a 20-foot black and gray
aluminum work skiff with an overhead
light arch. The Coast Guard will inform
mariners of any change to this period of
enforcement via Broadcast Notice to
Mariners.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Dated: September 16, 2016.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain
of the Port, Sector Columbia River.
[FR Doc. 2016–22821 Filed 9–21–16; 8:45 am]
1. The authority citation for part 165
continues to read as follows:
■
BILLING CODE 9110–04–P
Authority: Authority: 33 U.S.C. 1231; 50
U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6,
160.5; Department of Homeland Security
Delegation No. 0170.1.
DEPARTMENT OF VETERANS
AFFAIRS
2. Add § 165.T13–0818 to read as
follows:
38 CFR Part 38
§ 165.T13–0818
River.
Authority To Solicit Gifts and
Donations
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■
RIN 2900–AP75
Safety Zone; Columbia
(a) Location. The following area is the
safety zone: all navigable waters of the
Columbia River within 500 yards of the
small boat ‘‘Nessy,’’ and all involved
associated support vessels, while in the
area encompassing these points:
46°15′45″ N., 123°59′39″ W.; 46°15′24″
N., 123°59′42″ W.; 46°13′32″ N.,
123°57′18″ W.; 46°15′9″ N., 123°55′24″
W.; and 46°15′54″ N., 123°58′6″ W.
(b) Regulations. In accordance with
the general regulations in subpart C of
this part, no person may enter or remain
in the safety zone created in this section
or bring, cause to be brought, or allow
to remain in the safety zone created in
this section any vehicle, vessel, or object
unless authorized by the Captain of the
Port or his designated representative.
(c) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer
may enforce the rules in this section.
Where immediate action is required and
representatives of the Coast Guard are
not present or are not present in
sufficient force to provide effective
enforcement of this section, any Oregon
Law Enforcement Officer or Washington
Law Enforcement Officer may enforce
the rules contained in this section
pursuant to 46 U.S.C. 70118. In
addition, the Captain of the Port may be
assisted by members of the U. S. Army
Corps of Engineers and U.S. Department
of Agriculture Wildlife Services onboard
the small boat ‘‘Nessy,’’ and other
federal, state, or local agencies in
enforcing this section.
(d) Enforcement period. This section
is effective from September 21, 2016,
through October 21, 2016. It will be
enforced when the small boat ‘‘Nessy,’’
and all involved associated support
vessels, are conducting the removal
operations of the Double-Crested
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Department of Veterans Affairs.
Direct final rule; confirmation of
effective date.
AGENCY:
ACTION:
On July 11, 2016, the
Department of Veterans Affairs (VA)
published a direct final rule amending
its regulation that governs soliciting
contributions from the public by
officials and employees of NCA, or
authorizing the use of officials’ or
employees’ names, name of the
Secretary, or the name of VA for the
purpose of making a gift or donation to
VA. VA received two supportive
comments and no adverse comments
concerning the direct final rule and its
companion substantially identical
proposed rule published in the Federal
Register on the same date. This
document confirms that the direct final
rule became effective on September 9,
2016. In a companion document in this
issue of the Federal Register, we are
withdrawing as unnecessary the
proposed rule.
DATES: The effective date of September
9, 2016, for the direct final rule
published July 11, 2016, 81 FR 44792,
is confirmed.
FOR FURTHER INFORMATION CONTACT:
Thomas Howard, Chief of Staff, National
Cemetery Administration (NCA),
Department of Veterans Affairs, (40A),
810 Vermont Avenue NW., Washington,
DC 20420, (202) 461–6215. (This is not
a toll-free number.)
SUPPLEMENTARY INFORMATION: In a direct
final rule published in the Federal
Register on July 11, 2016, at 81 FR
44792, VA amended 38 Code of Federal
Regulations (CFR) 38.603(b), giving the
Under Secretary of Memorial Affairs
(USMA), or his designee, authority to
SUMMARY:
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solicit gifts and donations, or approve
the solicitation of gifts and donations
from the public. VA published a
companion substantially-identical
proposed rule on the same date, at 81
FR 44827, to serve as a proposal for the
revisions in the direct final rule in case
adverse comments were received. The
direct final rule and proposed rule each
provided a 30-day comment period that
ended on August 10, 2016. No adverse
comments were received. Two
comments that supported the
rulemaking were received from the
general public. VA is not making any
changes to this rulemaking based on the
comments.
Under the direct final rule procedures
that were described in 81 FR 44827 and
81 FR 44792, the direct final rule
became effective on September 9, 2016,
because no adverse comments were
received within the comment period. In
a companion document in this issue of
the Federal Register, VA is withdrawing
the proposed rulemaking, RIN 2900–
AP74, published at 81 FR 44827, as
unnecessary.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. Gina
S. Farrisee, Deputy Chief of Staff,
Department of Veterans Affairs,
approved this document on September
16, 2016, for publication.
Dated: September 19, 2016.
Jeffrey Martin,
Office Program Manager, Office of Regulation
Policy & Management, Office of the Secretary,
Department of Veterans Affairs.
[FR Doc. 2016–22834 Filed 9–21–16; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0209; FRL–9952–74–
Region 4]
Air Plan Approval; Alabama and North
Carolina; Interstate Transport—2010
NO2 Standards
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the North Carolina SIP, submitted by the
SUMMARY:
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Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations
North Carolina Department of
Environmental Quality (NC DEQ) on
March 24, 2016, and the portions of a
revision to the Alabama State
Implementation Plan (SIP), submitted
by the Alabama Department of
Environmental Management (ADEM) on
December 9, 2015, addressing the Clean
Air Act (CAA or Act) interstate transport
(prongs 1 and 2) infrastructure SIP
requirements for the 2010 1-hour
Nitrogen Dioxide (NO2) National
Ambient Air Quality Standard
(NAAQS). The CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA, commonly
referred to as an ‘‘infrastructure SIP.’’
Specifically, EPA is approving North
Carolina’s March 24, 2016, SIP
submission and the portions of
Alabama’s December 9, 2015, SIP
submission addressing interstate
transport requirements for the 2010 NO2
NAAQS.
DATES: This rule is effective on October
24, 2016.
ADDRESSES: EPA has established a
docket for these actions under Docket
Identification No EPA–R04–OAR–2016–
0209. All documents in the docket are
listed on the www.regulations.gov Web
site. Although listed in the index, some
information may not be publicly
available, i.e., Confidential Business
Information 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 either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr.
Lakeman can be reached by telephone at
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(404) 562–9043 or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the
requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by
states within three years after
promulgation of a new or revised
NAAQS to provide for the
implementation, maintenance, and
enforcement of the new or revised
NAAQS. EPA has historically referred to
these SIP submissions made for the
purpose of satisfying the requirements
of sections 110(a)(1) and 110(a)(2) as
‘‘infrastructure SIP’’ submissions.
Sections 110(a)(1) and (2) require 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
newly established or revised NAAQS.
More specifically, section 110(a)(1)
provides the procedural and timing
requirements for infrastructure SIPs.
Section 110(a)(2) lists specific elements
that states must meet for the
infrastructure SIP requirements related
to a newly established or revised
NAAQS. The contents of an
infrastructure SIP submission may vary
depending upon the data and analytical
tools available to the state, as well as the
provisions already contained in the
state’s implementation plan at the time
in which the state develops and submits
the submission for a new or revised
NAAQS.
Section 110(a)(2)(D) has two
components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
includes four distinct components,
commonly referred to as ‘‘prongs,’’ that
must be addressed in infrastructure SIP
submissions. The first two prongs,
which are codified in section
110(a)(2)(D)(i)(I), are provisions that
prohibit any source or other type of
emissions activity in one state from
contributing significantly to
nonattainment of the NAAQS in another
state (prong 1) and from interfering with
maintenance of the NAAQS in another
state (prong 2). EPA sometimes refers to
these two prongs conjointly as the
‘‘good neighbor’’ provision of the CAA.
The third and fourth prongs, which are
codified in section 110(a)(2)(D)(i)(II), are
provisions that prohibit emissions
activity in one state from interfering
with measures required to prevent
significant deterioration of air quality in
another state (prong 3) and from
interfering with measures to protect
visibility in another state (prong 4).
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65287
Section 110(a)(2)(D)(ii) requires SIPs to
include provisions ensuring compliance
with sections 115 and 126 of the Act,
relating to interstate and international
pollution abatement.
In a notice of proposed rulemaking
(NPRM) published on August 1, 2016
(81 FR 50409), EPA proposed to approve
North Carolina’s March 24, 2016, SIP
submission and the portions of
Alabama’s December 9, 2015, SIP
submission addressing interstate
transport requirements for the 2010 NO2
NAAQS. The NPRM provides additional
detail regarding the rationale for EPA’s
actions, including further discussion of
the requirements for prongs 1 and 2.
Comments on the proposed rulemaking
were due on or before August 31, 2016.
EPA received no adverse comments on
the proposed actions. All other
applicable infrastructure SIP
requirements for Alabama and North
Carolina for the 2010 1-hour NO2
NAAQS have been or will be addressed
in separate rulemakings.
II. Final Actions
As described previously, EPA is
approving North Carolina’s March 24,
2016, SIP revision and the portions of
Alabama’s December 9, 2015, SIP
revision addressing prongs 1 and 2 of
CAA section 110(a)(2)(D)(i) for the 2010
1-hour NO2 NAAQS.
III. 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.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, these actions
merely approve state law as meeting
federal requirements and do not impose
additional requirements beyond those
imposed by state law. For that reason,
these actions:
• Are not ‘‘significant regulatory
actions’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• do not contain any unfunded
mandate or significantly or uniquely
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Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• are not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIPs are not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rules do not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will they 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 these actions 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. These actions are 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 these
actions must be filed in the United
States Court of Appeals for the
appropriate circuit by November 21,
2016. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of these actions 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. These actions may not be
challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: September 13, 2016.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart B—Alabama
2. Section 52.50(e) is amended by
adding a new entry for ‘‘110(a)(1) and
110(a)(2) Infrastructure Requirements
for the 2010 NO2 NAAQS—Update’’ at
the end of the table to read as follows:
■
§ 52.50
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
Name of nonregulatory
SIP provision
*
*
110(a)(1) and 110(a)(2) Infrastructure Requirements for the 2010
NO2 NAAQS—Update.
State submittal
date/effective
date
*
Alabama ........
12/9/2015
Subpart II—North Carolina
3. Section 52.1770(e) is amended by
adding a new entry ‘‘Good Neighbor
■
EPA approval date
Explanation
*
*
9/22/2016, [Insert Federal Register citation].
*
*
Addressing Prongs 1 and 2 of
Section 110(a)(2)(D)(i)(I) only.
Provisions (Section 110(a)(2)(D)(i)(I)) for
the 2010 1-hour NO2 NAAQS’’ at the
end of the table to read as follows:
§ 52.1770
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State effective
date
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Provision
EPA approval
date
*
3/24/2016
9/22/2016
*
*
Good Neighbor Provisions (Section
110(a)(2)(D)(i)(I)) for the 2010 1hour NO2 NAAQS.
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Federal Register citation
Explanation
*
*
[Insert Federal Register citation]
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Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2012–0918; FRL–9951–91–
OAR]
Air Quality Designations for the 2012
Primary Annual Fine Particle (PM2.5)
National Ambient Air Quality Standard
(NAAQS) for Areas in Georgia and
Florida
Correction
In rule document 2016–21338
beginning on page 61136 in the issue of
Tuesday, September 6, 2016, make the
following correction:
§ 83.311
[Amended]
On page 61141, in § 81.311, in the
table, in the third column, the sixth
entry should read ‘‘Unclassifiable/
Attainment’’.
■
[FR Doc. C1–2016–21338 Filed 9–21–16; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2015–0554; FRL–9950–05]
I. General Information
Thiabendazole; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of thiabendazole
in or on the legume vegetable group 6
and foliage of legume vegetable group 7.
Syngenta Crop Protection requested
these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA). This
regulation also assigns an expiration
date to existing tolerances for bean, dry,
seed at 0.1 part per million (ppm) and
soybean at 0.1 ppm as well as removes
a threshold of regulation determination
for seed treatment use of thiabendazole
on dry pea (including field pea, pigeon
pea, chickpea or lentil). Lastly, this
regulation establishes a time-limited
tolerance on sweet potato. The timelimited tolerance is in response to EPA’s
granting of an emergency exemption
under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA). The time-limited tolerance will
expire and be revoked on December 31,
2019.
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SUMMARY:
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This regulation is effective
September 22, 2016. Objections and
requests for hearings must be received
on or before November 21, 2016, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2015–0554, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
[FR Doc. 2016–22760 Filed 9–21–16; 8:45 am]
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
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65289
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2015–0554 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before November 21, 2016. Addresses
for mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2015–0554, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Summary of Agency’s Action
A. Petitioned-For Tolerances
In the Federal Register of September
9, 2015 (80 FR 54257) (FRL–9933–26),
EPA issued a document pursuant to
FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of a
pesticide petition (PP 5F8368) by
Syngenta Crop Protection, LLC, P.O.
Box 18300, Greensboro, NC 27419. The
petition requested that 40 CFR 180.242
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]]>Agencies
[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Rules and Regulations]
[Pages 65286-65289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22760]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0209; FRL-9952-74-Region 4]
Air Plan Approval; Alabama and North Carolina; Interstate
Transport--2010 NO2 Standards
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the North Carolina SIP, submitted by the
[[Page 65287]]
North Carolina Department of Environmental Quality (NC DEQ) on March
24, 2016, and the portions of a revision to the Alabama State
Implementation Plan (SIP), submitted by the Alabama Department of
Environmental Management (ADEM) on December 9, 2015, addressing the
Clean Air Act (CAA or Act) interstate transport (prongs 1 and 2)
infrastructure SIP requirements for the 2010 1-hour Nitrogen Dioxide
(NO2) National Ambient Air Quality Standard (NAAQS). The CAA
requires that each state adopt and submit a SIP for the implementation,
maintenance, and enforcement of each NAAQS promulgated by EPA, commonly
referred to as an ``infrastructure SIP.'' Specifically, EPA is
approving North Carolina's March 24, 2016, SIP submission and the
portions of Alabama's December 9, 2015, SIP submission addressing
interstate transport requirements for the 2010 NO2 NAAQS.
DATES: This rule is effective on October 24, 2016.
ADDRESSES: EPA has established a docket for these actions under Docket
Identification No EPA-R04-OAR-2016-0209. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information 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 either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Lakeman can be reached by telephone at (404) 562-9043
or via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by states within three years after
promulgation of a new or revised NAAQS to provide for the
implementation, maintenance, and enforcement of the new or revised
NAAQS. EPA has historically referred to these SIP submissions made for
the purpose of satisfying the requirements of sections 110(a)(1) and
110(a)(2) as ``infrastructure SIP'' submissions. Sections 110(a)(1) and
(2) require 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 newly
established or revised NAAQS. More specifically, section 110(a)(1)
provides the procedural and timing requirements for infrastructure
SIPs. Section 110(a)(2) lists specific elements that states must meet
for the infrastructure SIP requirements related to a newly established
or revised NAAQS. The contents of an infrastructure SIP submission may
vary depending upon the data and analytical tools available to the
state, as well as the provisions already contained in the state's
implementation plan at the time in which the state develops and submits
the submission for a new or revised NAAQS.
Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
components, commonly referred to as ``prongs,'' that must be addressed
in infrastructure SIP submissions. The first two prongs, which are
codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit
any source or other type of emissions activity in one state from
contributing significantly to nonattainment of the NAAQS in another
state (prong 1) and from interfering with maintenance of the NAAQS in
another state (prong 2). EPA sometimes refers to these two prongs
conjointly as the ``good neighbor'' provision of the CAA. The third and
fourth prongs, which are codified in section 110(a)(2)(D)(i)(II), are
provisions that prohibit emissions activity in one state from
interfering with measures required to prevent significant deterioration
of air quality in another state (prong 3) and from interfering with
measures to protect visibility in another state (prong 4). Section
110(a)(2)(D)(ii) requires SIPs to include provisions ensuring
compliance with sections 115 and 126 of the Act, relating to interstate
and international pollution abatement.
In a notice of proposed rulemaking (NPRM) published on August 1,
2016 (81 FR 50409), EPA proposed to approve North Carolina's March 24,
2016, SIP submission and the portions of Alabama's December 9, 2015,
SIP submission addressing interstate transport requirements for the
2010 NO2 NAAQS. The NPRM provides additional detail
regarding the rationale for EPA's actions, including further discussion
of the requirements for prongs 1 and 2. Comments on the proposed
rulemaking were due on or before August 31, 2016. EPA received no
adverse comments on the proposed actions. All other applicable
infrastructure SIP requirements for Alabama and North Carolina for the
2010 1-hour NO2 NAAQS have been or will be addressed in
separate rulemakings.
II. Final Actions
As described previously, EPA is approving North Carolina's March
24, 2016, SIP revision and the portions of Alabama's December 9, 2015,
SIP revision addressing prongs 1 and 2 of CAA section 110(a)(2)(D)(i)
for the 2010 1-hour NO2 NAAQS.
III. 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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, these
actions merely approve state law as meeting federal requirements and do
not impose additional requirements beyond those imposed by state law.
For that reason, these actions:
Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
do not contain any unfunded mandate or significantly or
uniquely
[[Page 65288]]
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4);
do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIPs are not approved to apply on any Indian reservation land or in
any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rules do
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will they 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 these actions 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. These actions are 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 these actions must be filed in the United States Court of Appeals
for the appropriate circuit by November 21, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of these actions 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. These actions may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: September 13, 2016.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart B--Alabama
0
2. Section 52.50(e) is amended by adding a new entry for ``110(a)(1)
and 110(a)(2) Infrastructure Requirements for the 2010 NO2
NAAQS--Update'' at the end of the table to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable geographic submittal date/ EPA approval date Explanation
provision or nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and 110(a)(2) Alabama............... 12/9/2015 9/22/2016, [Insert Addressing Prongs
Infrastructure Requirements for Federal Register 1 and 2 of
the 2010 NO2 NAAQS--Update. citation]. Section
110(a)(2)(D)(i)(I
) only.
----------------------------------------------------------------------------------------------------------------
Subpart II--North Carolina
0
3. Section 52.1770(e) is amended by adding a new entry ``Good Neighbor
Provisions (Section 110(a)(2)(D)(i)(I)) for the 2010 1-hour
NO2 NAAQS'' at the end of the table to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(e) * * *
EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State EPA approval Federal Register
Provision effective date date citation Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Good Neighbor Provisions (Section 3/24/2016 9/22/2016 [Insert Federal .....................
110(a)(2)(D)(i)(I)) for the 2010 Register citation]
1-hour NO2 NAAQS.
----------------------------------------------------------------------------------------------------------------
[[Page 65289]]
[FR Doc. 2016-22760 Filed 9-21-16; 8:45 am]
BILLING CODE 6560-50-P
