Approval and Promulgation of Air Quality Implementation Plans; Maine, New Hampshire, Rhode Island, and Vermont; Interstate Transport of Air Pollution, 70631-70634 [2016-24491]
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Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations
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[FR Doc. 2016–24648 Filed 10–12–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2008–0486; EPA–R01–
OAR–2008–0223; EPA–R01–OAR–2008–
0447; EPA–R01–OAR–2009–0358; FRL–
9953–85–Region 1]
Approval and Promulgation of Air
Quality Implementation Plans; Maine,
New Hampshire, Rhode Island, and
Vermont; Interstate Transport of Air
Pollution
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
EPA is approving State
Implementation Plan (SIP) revisions
submitted by the Maine Department of
Environmental Protection (ME DEP), the
New Hampshire Department of
Environmental Services (NH DES), the
Rhode Island Department of
Environmental Management (RI DEM)
and the Vermont Department of
Environmental Conservation (VT DEC).
These SIP revisions address provisions
of the Clean Air Act that require each
state to submit a SIP to address
emissions that may adversely affect
another state’s air quality through
interstate transport. The EPA has
concluded that all four States have
adequate provisions to prohibit in-state
emissions activities from significantly
contributing to the nonattainment, or
interfering with the maintenance, of the
2008 ozone National Ambient Air
Quality Standards (NAAQS) in any
other state. The intended effect of this
action is to approve the SIP revisions
submitted by Maine, New Hampshire,
Rhode Island, and Vermont. This action
is being taken under the Clean Air Act.
DATES: This rule is effective on
November 14, 2016.
ADDRESSES: EPA has established
separate dockets for this action under
Docket Identification No.’s EPA–R01–
OAR–2008–0486 for Maine, EPA–R01–
OAR–2008–0223 for New Hampshire,
EPA–R01–OAR–2008–0447 for Rhode
Island, and EPA–R01–OAR–2009–0358
for Vermont. All documents in the
docket are listed on the https://
www.regulations.gov Web site, although
some information, such as confidential
business information or other
information whose disclosure is
restricted by statute is not publically
available. Certain other material, such as
Lhorne on DSK30JT082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
13:32 Oct 12, 2016
Jkt 241001
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available at https://www.regulations.gov
or at the U.S. Environmental Protection
Agency, EPA New England Regional
Office, Office of Ecosystem Protection,
Air Quality Planning Unit, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact 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 legal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard P. Burkhart, Air Quality
Planning Unit, Air Programs Branch
(Mail Code OEP05–02), U.S.
Environmental Protection Agency,
Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109–
3912; (617) 918–1664;
burkhart.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
This rulemaking approves SIP
submissions from the ME DEP, the NH
DES, the RI DEM, and the VT DEC. The
SIP revisions were submitted on the
following dates: October 26, 2015
(Maine); November 17, 2015 (New
Hampshire); June 23, 2015 (Rhode
Island) and November 2, 2015
(Vermont). These SIP submissions
address the requirements of Clean Air
Act (CAA) section 110(a)(2)(D)(i)(I) for
the 2008 ozone NAAQS.1
On August 23, 2016 (81 FR 57519),
EPA published a notice of proposed
rulemaking (NPR) proposing approval of
these four SIP submissions. The specific
details of each state’s SIP submission
and the rationale for EPA’s approval of
each SIP submission are discussed in
the NPR and will not be restated here.
1 We note that while the SIP revisions submitted
by Maine, New Hampshire, and Rhode Island
address only the transport elements of CAA section
110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS,
Vermont’s submittal addresses all of the
infrastructure elements of CAA section 110(a)(2) for
the 2008 ozone NAAQS. Today’s action, however,
only addresses the transport elements of Vermont’s
submittal.
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70631
II. Public Comments
EPA did not receive any comments in
response to the NPR.
III. Final Action
EPA is approving the SIP revisions
submitted by the states on the following
dates as meeting the interstate transport
requirements of CAA section
110(a)(2)(D)(i)(I) for the 2008 ozone
NAAQS: October 26, 2015 (Maine);
November 7, 2015 (New Hampshire);
June 23, 2015 (Rhode Island); and
November 2, 2015 (Vermont). EPA has
reviewed these SIP revisions and has
found that they satisfy the relevant CAA
requirements.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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 Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
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13OCR1
70632
Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
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, the SIP is 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 rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 12,
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.
Dated: September 27, 2016.
Michael Kenyon,
Acting Regional Administrator, EPA New
England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart U—Maine
2. In § 52.1020, the table in paragraph
(e) is amended by adding the entry
‘‘Transport SIP for the 2008 Ozone
Standard’’ to the end of the table to read
as follows:
■
§ 52.1020
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Identification of plan.
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(e) * * *
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MAINE NON REGULATORY
Name of
nonregulatory SIP
provision
Applicable
geographic or
nonattainment area
State submittal
date/effective
date
EPA approved
date 3
Explanations
*
Transport SIP for the 2008
Ozone Standard.
*
*
Statewide ..........................
*
Submitted 10/26/2015 .......
*
*
10/13/2016, [Insert Federal Register citation].
*
State submitted a transport SIP for the 2008
ozone standard which
shows it does not significantly contribute to
ozone nonattainment or
maintenance in any
other state. EPA approved this submittal as
meeting the requirements of Clean Air Act
Section
110(a)(2)(D)(i)(I).
3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
Subpart EE—New Hampshire
3. In § 52.1520, the table in paragraph
(e) is amended by adding the entry
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‘‘Transport SIP for the 2008 Ozone
Standard’’ to the end of the table to read
as follows:
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§ 52.1520
*
Identification of plan.
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(e) * * *
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Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations
70633
NEW HAMPSHIRE NON REGULATORY
Name of
nonregulatory SIP
provision
Applicable
geographic or
nonattainment area
State submittal
date/effective
date
EPA approved
date 3
Explanations
*
Transport SIP for the 2008
Ozone Standard.
*
*
Statewide ..........................
*
Submitted 11/7/2015 .........
*
*
10/13/16, [Insert Federal
Register citation].
*
State submitted a transport SIP for the 2008
ozone standard which
shows it does not significantly contribute to
ozone nonattainment or
maintenance in any
other state. EPA approved this submittal as
meeting the requirements of Clean Air Act
Section
110(a)(2)(D)(i)(I).
3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
Subpart OO—Rhode Island
4. In § 52.2070, the table in paragraph
(e) is amended by adding the entry
■
‘‘Transport SIP for the 2008 Ozone
Standard’’ to the end of the table to read
as follows:
§ 52.2070
*
*
Identification of plan.
*
*
*
(e) * * *
RHODE ISLAND NON REGULATORY
Name of
nonregulatory SIP
provision
Applicable
geographic or
nonattainment area
State submittal
date/effective
date
EPA approved
date
Explanations
*
Transport SIP for the 2008
Ozone Standard.
*
*
Statewide ..........................
*
Submitted 6/23/2015 .........
*
*
10/13/2016 , [Insert Federal Register citation].
*
State submitted a transport SIP for the 2008
ozone standard which
shows it does not significantly contribute to
ozone nonattainment or
maintenance in any
other state. EPA approved this submittal as
meeting the requirements of Clean Air Act
Section
110(a)(2)(D)(i)(I).
Subpart UU—Vermont
5. In § 52.2370, the table in paragraph
(e) is amended by adding the entry
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‘‘Transport SIP for the 2008 Ozone
Standard’’ to the end of the table to read
as follows:
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
§ 52.2370
*
Identification of plan.
*
*
(e) * * *
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70634
Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations
VERMONT NON-REGULATORY
Name of
nonregulatory SIP
provision
Applicable
geographic or
nonattainment area
State submittal
date/effective
date
EPA approved
date
Explanations
*
Transport SIP for the 2008
Ozone Standard.
*
*
Statewide ..........................
*
Submitted 11/2/2015 .........
*
*
10/13/2016 , [Insert Federal Register citation].
*
State submitted a transport SIP for the 2008
ozone standard which
shows it does not significantly contribute to
ozone nonattainment or
maintenance in any
other state. EPA approved this submittal as
meeting the requirements of Clean Air Act
Section
110(a)(2)(D)(i)(I).
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 383 and 384
[Docket No. FMCSA–2016–0051]
RIN 2126–AB68
Commercial Driver’s License
Requirements of the Moving Ahead for
Progress in the 21st Century Act
(MAP–21) and the Military Commercial
Driver’s License Act of 2012
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
FMCSA amends its
commercial driver’s license (CDL)
regulations to ease the transition of
military personnel into civilian careers
driving commercial motor vehicles
(CMVs) by simplifying the process of
obtaining a commercial learner’s permit
(CLP) or CDL. This final rule extends
the period of time for applying for a
skills test waiver from 90 days to 1 year
after leaving a military position
requiring the operation of a CMV. This
final rule also allows a State to accept
applications from active duty military
personnel who are stationed in that
State as well as administer the written
and skills tests for a CLP or CDL. States
that choose to accept such applications
are required to transmit the test results
electronically to the State of domicile of
the military personnel. The State of
domicile may issue the CLP or CDL on
the basis of those results.
DATES: This final rule is effective
December 12, 2016.
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SUMMARY:
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Petitions for reconsideration
this final rule must be submitted in
accordance with 49 CFR 389.35 to:
FMCSA Administrator, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington,
DC 20590– 0001 no later than November
14, 2016.
FOR FURTHER INFORMATION CONTACT: Mr.
Selden Fritschner, CDL Division,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001, by email at selden.fritschner@
dot.gov, or by telephone at 202–366–
0677. If you have questions on viewing
or submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: This Final
Rule is organized as follows:
ADDRESSES:
[FR Doc. 2016–24491 Filed 10–12–16; 8:45 am]
I. Rulemaking Documents
A. Availability of Rulemaking Documents
B. Privacy Act
II. Executive Summary
III. Legal Basis
IV. Background
V. Proposed Rule
VI. Discussion of Comments and Responses
VII. Changes from the NPRM
VIII. Today’s Final Rule
IX. International Impacts
X. Section-by-Section
XI. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and
Review, E.O. 13563, DOT Regulatory
Policies and Procedures
B. Regulatory Flexibility Act
C. Assistance for Small Entities
D. Unfunded Mandates Reform Act of 1995
E. Paperwork Reduction Act
F. E.O. 13132 (Federalism)
G. E.O. 12988 (Civil Justice Reform)
H. E.O. 13045 (Protection of Children)
I. E.O. 12630 (Taking of Private Property)
J. Privacy
K. E.O. 12372 (Intergovermental Review)
L. E.O. 13211 (Energy Supply, Distribution,
or Use)
M. E.O. 13175 (Indian Tribal Governments)
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
N. National Technology Transfer and
Advancement Act (Technical Standards)
O. Environment (NEPA, CAA, E.O.12898
Environmental Justice)
I. Rulemaking Documents
A. Availability of Rulemaking
Documents
For access to docket FMCSA–2016–
0051 to read background documents and
comments received, go to https://
www.regulations.gov at any time, or to
Docket Services at U.S. Department of
Transportation, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
B. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. Executive Summary
Section 32308 of the Moving Ahead
for Progress in the 21st Century Act
(MAP–21) [Pub. L. 112–141, 126 Stat.
405, 794, July 6, 2012] required FMCSA
to undertake a study to assess Federal
and State regulatory, economic, and
administrative challenges faced by
current and former members of the
armed forces, who operated qualifying
motor vehicles during their service, in
obtaining CDLs. As a result of this
study, FMCSA provided a report to
Congress titled ‘‘Program to Assist
Veterans to Acquire Commercial
Driver’s Licenses’’ (November 2013)
(available in the docket for this
E:\FR\FM\13OCR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Rules and Regulations]
[Pages 70631-70634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24491]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2008-0486; EPA-R01-OAR-2008-0223; EPA-R01-OAR-2008-0447;
EPA-R01-OAR-2009-0358; FRL-9953-85-Region 1]
Approval and Promulgation of Air Quality Implementation Plans;
Maine, New Hampshire, Rhode Island, and Vermont; Interstate Transport
of Air Pollution
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the Maine Department of Environmental Protection (ME DEP),
the New Hampshire Department of Environmental Services (NH DES), the
Rhode Island Department of Environmental Management (RI DEM) and the
Vermont Department of Environmental Conservation (VT DEC). These SIP
revisions address provisions of the Clean Air Act that require each
state to submit a SIP to address emissions that may adversely affect
another state's air quality through interstate transport. The EPA has
concluded that all four States have adequate provisions to prohibit in-
state emissions activities from significantly contributing to the
nonattainment, or interfering with the maintenance, of the 2008 ozone
National Ambient Air Quality Standards (NAAQS) in any other state. The
intended effect of this action is to approve the SIP revisions
submitted by Maine, New Hampshire, Rhode Island, and Vermont. This
action is being taken under the Clean Air Act.
DATES: This rule is effective on November 14, 2016.
ADDRESSES: EPA has established separate dockets for this action under
Docket Identification No.'s EPA-R01-OAR-2008-0486 for Maine, EPA-R01-
OAR-2008-0223 for New Hampshire, EPA-R01-OAR-2008-0447 for Rhode
Island, and EPA-R01-OAR-2009-0358 for Vermont. All documents in the
docket are listed on the https://www.regulations.gov Web site, although
some information, such as confidential business information or other
information whose disclosure is restricted by statute is not publically
available. 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
New England Regional Office, Office of Ecosystem Protection, Air
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact 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 legal holidays.
FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109-3912; (617) 918-1664;
burkhart.richard@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
This rulemaking approves SIP submissions from the ME DEP, the NH
DES, the RI DEM, and the VT DEC. The SIP revisions were submitted on
the following dates: October 26, 2015 (Maine); November 17, 2015 (New
Hampshire); June 23, 2015 (Rhode Island) and November 2, 2015
(Vermont). These SIP submissions address the requirements of Clean Air
Act (CAA) section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS.\1\
---------------------------------------------------------------------------
\1\ We note that while the SIP revisions submitted by Maine, New
Hampshire, and Rhode Island address only the transport elements of
CAA section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS, Vermont's
submittal addresses all of the infrastructure elements of CAA
section 110(a)(2) for the 2008 ozone NAAQS. Today's action, however,
only addresses the transport elements of Vermont's submittal.
---------------------------------------------------------------------------
On August 23, 2016 (81 FR 57519), EPA published a notice of
proposed rulemaking (NPR) proposing approval of these four SIP
submissions. The specific details of each state's SIP submission and
the rationale for EPA's approval of each SIP submission are discussed
in the NPR and will not be restated here.
II. Public Comments
EPA did not receive any comments in response to the NPR.
III. Final Action
EPA is approving the SIP revisions submitted by the states on the
following dates as meeting the interstate transport requirements of CAA
section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS: October 26, 2015
(Maine); November 7, 2015 (New Hampshire); June 23, 2015 (Rhode
Island); and November 2, 2015 (Vermont). EPA has reviewed these SIP
revisions and has found that they satisfy the relevant CAA
requirements.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement
[[Page 70632]]
Act of 1995 (15 U.S.C. 272 note) because application of those
requirements would be inconsistent with the Clean Air Act; 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, the SIP is 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 rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 12, 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.
Dated: September 27, 2016.
Michael Kenyon,
Acting Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
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 U--Maine
0
2. In Sec. 52.1020, the table in paragraph (e) is amended by adding
the entry ``Transport SIP for the 2008 Ozone Standard'' to the end of
the table to read as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(e) * * *
Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of nonregulatory SIP geographic or date/effective EPA approved date Explanations
provision nonattainment area date \ 3\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Transport SIP for the 2008 Ozone Statewide......... Submitted 10/26/ 10/13/2016, State submitted a
Standard. 2015. [Insert Federal transport SIP for
Register the 2008 ozone
citation]. standard which
shows it does not
significantly
contribute to
ozone
nonattainment or
maintenance in
any other state.
EPA approved this
submittal as
meeting the
requirements of
Clean Air Act
Section
110(a)(2)(D)(i)(I
).
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
Subpart EE--New Hampshire
0
3. In Sec. 52.1520, the table in paragraph (e) is amended by adding
the entry ``Transport SIP for the 2008 Ozone Standard'' to the end of
the table to read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(e) * * *
[[Page 70633]]
New Hampshire Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of nonregulatory SIP geographic or date/effective EPA approved date Explanations
provision nonattainment area date \ 3\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Transport SIP for the 2008 Ozone Statewide......... Submitted 11/7/ 10/13/16, [Insert State submitted a
Standard. 2015. Federal Register transport SIP for
citation]. the 2008 ozone
standard which
shows it does not
significantly
contribute to
ozone
nonattainment or
maintenance in
any other state.
EPA approved this
submittal as
meeting the
requirements of
Clean Air Act
Section
110(a)(2)(D)(i)(I
).
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
Subpart OO--Rhode Island
0
4. In Sec. 52.2070, the table in paragraph (e) is amended by adding
the entry ``Transport SIP for the 2008 Ozone Standard'' to the end of
the table to read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(e) * * *
Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of nonregulatory SIP geographic or date/effective EPA approved date Explanations
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Transport SIP for the 2008 Ozone Statewide......... Submitted 6/23/ 10/13/2016 , State submitted a
Standard. 2015. [Insert Federal transport SIP for
Register the 2008 ozone
citation]. standard which
shows it does not
significantly
contribute to
ozone
nonattainment or
maintenance in
any other state.
EPA approved this
submittal as
meeting the
requirements of
Clean Air Act
Section
110(a)(2)(D)(i)(I
).
----------------------------------------------------------------------------------------------------------------
Subpart UU--Vermont
0
5. In Sec. 52.2370, the table in paragraph (e) is amended by adding
the entry ``Transport SIP for the 2008 Ozone Standard'' to the end of
the table to read as follows:
Sec. 52.2370 Identification of plan.
* * * * *
(e) * * *
[[Page 70634]]
Vermont Non-Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of nonregulatory SIP geographic or date/effective EPA approved date Explanations
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Transport SIP for the 2008 Ozone Statewide......... Submitted 11/2/ 10/13/2016 , State submitted a
Standard. 2015. [Insert Federal transport SIP for
Register the 2008 ozone
citation]. standard which
shows it does not
significantly
contribute to
ozone
nonattainment or
maintenance in
any other state.
EPA approved this
submittal as
meeting the
requirements of
Clean Air Act
Section
110(a)(2)(D)(i)(I
).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-24491 Filed 10-12-16; 8:45 am]
BILLING CODE 6560-50-P
