Approval and Promulgation of Air Quality Implementation Plans; Maine, New Hampshire, Rhode Island, and Vermont; Interstate Transport of Air Pollution, 70631-70634 [2016-24491]

Download as PDF Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations * * * * * [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 http:// 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 http://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. PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 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 E:\FR\FM\13OCR1.SGM 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: ■ 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 * Identification of plan. * * (e) * * * * * 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 Lhorne on DSK30JT082PROD with RULES ■ VerDate Sep<11>2014 13:32 Oct 12, 2016 Jkt 241001 ‘‘Transport SIP for the 2008 Ozone Standard’’ to the end of the table to read as follows: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 § 52.1520 * Identification of plan. * * (e) * * * E:\FR\FM\13OCR1.SGM 13OCR1 * * 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 Lhorne on DSK30JT082PROD with RULES ■ VerDate Sep<11>2014 16:45 Oct 12, 2016 Jkt 241001 ‘‘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) * * * E:\FR\FM\13OCR1.SGM 13OCR1 * * 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. Lhorne on DSK30JT082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:45 Oct 12, 2016 Jkt 241001 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 http:// 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 13OCR1

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]


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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 http://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 http://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