Air Plan Approval; NH; Rules for Reducing Particulate Emissions, 78052-78054 [2016-26598]
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78052
Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Rules and Regulations
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland
Administrative
Regulations (COMAR)
citation
State effective
date
Title/subject
*
*
*
*
26.11.01
Additional explanation/
citation at 40 CFR 52.1100
EPA approval date
*
*
*
General Administrative Provisions
26.11.01.01 ...............
Definitions ...................................
5/17/2010
11/7/2016 [Insert Federal Register citation].
New definition for COMs and
clarify definition for CEMs.
*
26.11.01.05 ...............
*
*
Records and Information ............
*
5/17/2010
*
11/7/2016 [Insert Federal Register citation].
*
*
(c)(172) Administrative changes
to reporting and recordkeeping requirements.
*
26.11.01.10 ...............
*
*
Continuous Opacity Monitoring ..
*
8/22/2010
*
11/7/2016 [Insert Federal Register citation].
*
*
(c)(106) Requirement to use TM
90–01 is removed. Exceptions: A(4), B(4), D(2)(c), and
F.
26.11.01.11 ...............
Continuous
toring.
Moni-
8/22/2010
11/7/2016 [Insert Federal Register citation].
*
26.11.31 ....................
*
*
Quality Assurance Requirements
for Opacity Monitors (COMs).
*
6/13/2011
*
11/7/2016 [Insert Federal Register citation].
*
*
*
*
*
*
*
*
Emissions
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[FR Doc. 2016–26866 Filed 11–4–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2016–0285; FRL–9953–83Region 1]
Air Plan Approval; NH; Rules for
Reducing Particulate Emissions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of New
Hampshire on March 31, 2011 and on
July 23, 2013. These SIP revisions
establish particulate matter (PM) and
visible emissions (VE) standards for the
following sources: foundries, smelters,
and investment casting operations; hot
mix asphalt plants; and sand and gravel
sources, non-metallic mineral
processing plants, and cement and
concrete sources. In addition, EPA is
approving a part of a SIP revision
submitted by New Hampshire on March
12, 2003 that establishes procedures for
testing opacity of emissions (i.e., VE).
ehiers on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
11:32 Nov 04, 2016
Jkt 241001
*
This action is being taken under the
Clean Air Act.
DATES: This rule is effective on
December 7, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2016–0285. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available 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:
Alison C. Simcox, Environmental
Scientist, Air Quality Planning Unit, Air
Programs Branch (Mail Code OEP05–
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
02), U.S. Environmental Protection
Agency, Region 1, 5 Post Office Square,
Suite 100, Boston, Massachusetts,
02109–3912; (617) 918–1684;
simcox.alison@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 and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On August 22, 2016 (81 FR 56556),
EPA published a Notice of Proposed
Rulemaking (NPR) for the State of New
Hampshire.
The NPR proposed approval of State
Implementation Plan (SIP) revisions
submitted by the State of New
Hampshire on March 31, 2011 and July
23, 2013. The NPR also proposed
approval of a part of a SIP revision
submitted by the state on March 12,
2003. The March 2011 submittal
included a regulation entitled ‘‘Sand
and Gravel Sources; Non-Metallic
Mineral Processing Plants; Cement and
Concrete Sources’’ (New Hampshire
Code of Administrative Rules Chapter
(Env-A 2800)). The July 2013 submittal
E:\FR\FM\07NOR1.SGM
07NOR1
Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Rules and Regulations
ehiers on DSK5VPTVN1PROD with RULES
included the following three
regulations: ‘‘Particulate Matter and
Visible Emissions Standards’’ (Env-A
2100); ‘‘Ferrous and Non-Ferrous
Foundries, Smelters, and Investment
Casting Operations’’ (Env-A 2400); and
‘‘Hot Mix Asphalt Plants’’ (Env-A 2700).
The four submitted regulations (EnvA 2100, 2400, 2700, and 2800) state that
opacity shall be determined in
accordance with test methods
established in Env-A 807. Therefore, the
NPR also proposed to approve Env-A
807, which was part of a SIP revision
submitted by New Hampshire on March
12, 2003.
Two of the submitted regulations
(Env-A 2100 and 2400) included
affirmative defense provisions for
malfunction, which is defined as a
sudden and unavoidable breakdown of
process or control equipment. The New
Hampshire regulations were submitted
to EPA after EPA issued a start-up, shutdown, and malfunction (SSM) SIP Call
proposal in February 2013 (78 FR
12460), which would have allowed
narrowly drawn affirmative defense
provisions in SIPs for malfunction.
However, following issuance of our
SSM SIP Call proposal in February 2013
(78 FR 12460), a federal court ruled that
the Clean Air Act precludes authority of
the EPA to create affirmative defense
provisions. On April 13, 2016, New
Hampshire Department of
Environmental Services (NH DES) sent
a letter to EPA withdrawing the
affirmative defense provisions in
Chapter Env-A 2100 and 2400 (i.e.,
2103.03, and 2405). Therefore, EPA is
approving all of the SIP revisions
without the withdrawn portions.
Rationale for EPA’s proposed action
are explained in the NPR and will not
be restated here. No public comments
were received on the NPR.
II. Final Action
EPA is approving, and incorporating
into the New Hampshire SIP, four
regulations and part of one regulation,
except for affirmative defense
provisions in two of the regulations
which NH DES has withdrawn. The four
regulations include one regulation
submitted by the State of New
Hampshire on March 31, 2011, Sand
and Gravel Sources; Non-Metallic
Mineral Processing Plants; Cement and
Concrete Sources (Env-A 2800),
effective October 1, 2010; and three
regulations submitted on July 23, 2013,
Particulate Matter and Visible Emissions
Standards (Env-A 2100), effective April
23, 2013; Ferrous and Non-Ferrous
Foundries, Smelters, and Investment
Casting Operations (Env-A 2400),
effective April 23, 2013; and Hot Mix
VerDate Sep<11>2014
11:32 Nov 04, 2016
Jkt 241001
Asphalt Plants (Env-A 2700), effective
February 16, 2013. As noted earlier, the
affirmative defense provisions, which
NH DES has withdrawn from its SIP
submittals, are not included in this
approval action and are contained in
state law only in Env-A 2103.03 and
2405. EPA is also approving and
incorporating into the New Hampshire’s
SIP, New Hampshire’s Env-A 807
(‘‘Testing for Opacity of Emissions’’),
effective October 31, 2002.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the New
Hampshire Code of Administrative
Rules described in the amendments to
40 CFR part 52 set forth below. The EPA
has made, and will continue to make,
these documents generally available
through https://www.regulations.gov.
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);
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
78053
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the 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 January 6, 2017.
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).)
E:\FR\FM\07NOR1.SGM
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78054
Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Rules and Regulations
Dated: September 27, 2016.
Michael Kenyon,
Acting Regional Administrator, EPA New
England.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Subpart EE—New Hampshire
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
2. In § 52.1520, the table in paragraph
(c) is amended by adding five entries for
state citation ‘‘Env-A 807’’, ‘‘Env-A
2100’’, ‘‘Env-A 2400’’, ‘‘Env-A 2700’’,
and ‘‘Env-A 2800’’ in alphanumeric
order to read as follows:
■
§ 52.1520
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
EPA approval date 1
State citation
Title/subject
State effective date
*
Env-A 807 ..................
*
*
Testing and Monitoring Procedures.
*
October 31, 2002 ......
*
November 7, 2016 [Insert
Federal Register citation].
*
*
Approve Part Env-A 807
‘‘Testing for Opacity of
Emissions.’’
*
Env-A 2100 ................
*
*
Particulate Matter and Visible
Emissions Standards.
*
April 23, 2013 ............
*
November 7, 2016 [Insert
Federal Register citation].
*
*
Approve Chapter Env-A 2100,
except Part Env-A 2103.03
‘‘Affirmative Defense to
Penalty Action,’’ which NH
DES did not submit for approval.
*
Env-A 2400 ................
*
*
Ferrous and Non-Ferrous
Foundries, Smelters, and
Investment Casting Operations.
*
April 23, 2013 ............
*
November 7, 2016 [Insert
Federal Register citation].
*
*
Approve Chapter Env-A 2400,
except PART Env-A 2405
‘‘Affirmative Defenses for
Violations of Visible Emission Standards,’’ which NH
DES did not submit for approval.
Env-A 2700 ................
Hot Mix Asphalt Plants ...........
February 16, 2013 .....
November 7, 2016 [Insert
Federal Register citation].
*
Env-A 2800 ................
*
*
Sand and Gravel Sources;
Non-Metallic Mineral Processing Plants; Cement and
Concrete Sources.
*
October 1, 2010 ........
*
November 7, 2016 [Insert
Federal Register citation].
*
*
*
*
Explanations
*
*
*
*
*
1 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.
*
*
*
*
*
[FR Doc. 2016–26598 Filed 11–4–16; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
BILLING CODE 6560–50–P
Federal Emergency Management
Agency
44 CFR Part 64
ehiers on DSK5VPTVN1PROD with RULES
[Docket ID FEMA–2016–0002; Internal
Agency Docket No. FEMA–8455]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
AGENCY:
ACTION:
VerDate Sep<11>2014
11:32 Nov 04, 2016
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PO 00000
Final rule.
Frm 00034
Fmt 4700
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This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
SUMMARY:
E:\FR\FM\07NOR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Rules and Regulations]
[Pages 78052-78054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26598]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2016-0285; FRL-9953-83-Region 1]
Air Plan Approval; NH; Rules for Reducing Particulate Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of New
Hampshire on March 31, 2011 and on July 23, 2013. These SIP revisions
establish particulate matter (PM) and visible emissions (VE) standards
for the following sources: foundries, smelters, and investment casting
operations; hot mix asphalt plants; and sand and gravel sources, non-
metallic mineral processing plants, and cement and concrete sources. In
addition, EPA is approving a part of a SIP revision submitted by New
Hampshire on March 12, 2003 that establishes procedures for testing
opacity of emissions (i.e., VE). This action is being taken under the
Clean Air Act.
DATES: This rule is effective on December 7, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2016-0285. All documents in the docket
are listed on the https://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available 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: Alison C. Simcox, Environmental
Scientist, 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-
1684; simcox.alison@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 and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On August 22, 2016 (81 FR 56556), EPA published a Notice of
Proposed Rulemaking (NPR) for the State of New Hampshire.
The NPR proposed approval of State Implementation Plan (SIP)
revisions submitted by the State of New Hampshire on March 31, 2011 and
July 23, 2013. The NPR also proposed approval of a part of a SIP
revision submitted by the state on March 12, 2003. The March 2011
submittal included a regulation entitled ``Sand and Gravel Sources;
Non-Metallic Mineral Processing Plants; Cement and Concrete Sources''
(New Hampshire Code of Administrative Rules Chapter (Env-A 2800)). The
July 2013 submittal
[[Page 78053]]
included the following three regulations: ``Particulate Matter and
Visible Emissions Standards'' (Env-A 2100); ``Ferrous and Non-Ferrous
Foundries, Smelters, and Investment Casting Operations'' (Env-A 2400);
and ``Hot Mix Asphalt Plants'' (Env-A 2700).
The four submitted regulations (Env-A 2100, 2400, 2700, and 2800)
state that opacity shall be determined in accordance with test methods
established in Env-A 807. Therefore, the NPR also proposed to approve
Env-A 807, which was part of a SIP revision submitted by New Hampshire
on March 12, 2003.
Two of the submitted regulations (Env-A 2100 and 2400) included
affirmative defense provisions for malfunction, which is defined as a
sudden and unavoidable breakdown of process or control equipment. The
New Hampshire regulations were submitted to EPA after EPA issued a
start-up, shut-down, and malfunction (SSM) SIP Call proposal in
February 2013 (78 FR 12460), which would have allowed narrowly drawn
affirmative defense provisions in SIPs for malfunction. However,
following issuance of our SSM SIP Call proposal in February 2013 (78 FR
12460), a federal court ruled that the Clean Air Act precludes
authority of the EPA to create affirmative defense provisions. On April
13, 2016, New Hampshire Department of Environmental Services (NH DES)
sent a letter to EPA withdrawing the affirmative defense provisions in
Chapter Env-A 2100 and 2400 (i.e., 2103.03, and 2405). Therefore, EPA
is approving all of the SIP revisions without the withdrawn portions.
Rationale for EPA's proposed action are explained in the NPR and
will not be restated here. No public comments were received on the NPR.
II. Final Action
EPA is approving, and incorporating into the New Hampshire SIP,
four regulations and part of one regulation, except for affirmative
defense provisions in two of the regulations which NH DES has
withdrawn. The four regulations include one regulation submitted by the
State of New Hampshire on March 31, 2011, Sand and Gravel Sources; Non-
Metallic Mineral Processing Plants; Cement and Concrete Sources (Env-A
2800), effective October 1, 2010; and three regulations submitted on
July 23, 2013, Particulate Matter and Visible Emissions Standards (Env-
A 2100), effective April 23, 2013; Ferrous and Non-Ferrous Foundries,
Smelters, and Investment Casting Operations (Env-A 2400), effective
April 23, 2013; and Hot Mix Asphalt Plants (Env-A 2700), effective
February 16, 2013. As noted earlier, the affirmative defense
provisions, which NH DES has withdrawn from its SIP submittals, are not
included in this approval action and are contained in state law only in
Env-A 2103.03 and 2405. EPA is also approving and incorporating into
the New Hampshire's SIP, New Hampshire's Env-A 807 (``Testing for
Opacity of Emissions''), effective October 31, 2002.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the New
Hampshire Code of Administrative Rules described in the amendments to
40 CFR part 52 set forth below. The EPA has made, and will continue to
make, these documents generally available through https://www.regulations.gov.
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 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 January 6, 2017. 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).)
[[Page 78054]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
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 EE--New Hampshire
0
2. In Sec. 52.1520, the table in paragraph (c) is amended by adding
five entries for state citation ``Env-A 807'', ``Env-A 2100'', ``Env-A
2400'', ``Env-A 2700'', and ``Env-A 2800'' in alphanumeric order to
read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
EPA approval
State citation Title/subject State effective date date \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Env-A 807................... Testing and October 31, 2002........... November 7, 2016 Approve Part Env-
Monitoring [Insert Federal A 807 ``Testing
Procedures. Register for Opacity of
citation]. Emissions.''
* * * * * * *
Env-A 2100.................. Particulate April 23, 2013............. November 7, 2016 Approve Chapter
Matter and [Insert Federal Env-A 2100,
Visible Register except Part Env-
Emissions citation]. A 2103.03
Standards. ``Affirmative
Defense to
Penalty
Action,'' which
NH DES did not
submit for
approval.
* * * * * * *
Env-A 2400.................. Ferrous and Non- April 23, 2013............. November 7, 2016 Approve Chapter
Ferrous [Insert Federal Env-A 2400,
Foundries, Register except PART Env-
Smelters, and citation]. A 2405
Investment ``Affirmative
Casting Defenses for
Operations. Violations of
Visible
Emission
Standards,''
which NH DES
did not submit
for approval.
Env-A 2700.................. Hot Mix Asphalt February 16, 2013.......... November 7, 2016 ................
Plants. [Insert Federal
Register
citation].
* * * * * * *
Env-A 2800.................. Sand and Gravel October 1, 2010............ November 7, 2016 ................
Sources; Non- [Insert Federal
Metallic Mineral Register
Processing citation].
Plants; Cement
and Concrete
Sources.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ 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.
* * * * *
[FR Doc. 2016-26598 Filed 11-4-16; 8:45 am]
BILLING CODE 6560-50-P
