Air Plan Approval; FL Infrastructure Requirements for the 2010 1-hour NO2, 84479-84481 [2016-28098]

Download as PDF Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations home viewing—27 cents per subscriber per month—results in an unchanged rate of 27 cents per subscriber per month (rounded to the nearest cent). See 37 CFR 386.2(b)(1). Application of the 1.6% COLA to the current rate for viewing in commercial establishments— 56 cents per subscriber per month— results in a rate of 57 cents per subscriber per month (rounded to the nearest cent). See 37 CFR 386.2(b)(2). List of Subjects in 37 CFR Part 386 Copyright, Satellite, Television. Final Regulations In consideration of the foregoing, the Judges amend part 386 of title 37 of the Code of Federal Regulations as follows: PART 386—ADJUSTMENT OF ROYALTY FEES FOR SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS 1. The authority citation for part 386 continues to read as follows: ■ Authority: 17 U.S.C. 119(c), 801(b)(1). 2. Section 386.2 is amended by adding paragraphs (b)(1)(viii) and (b)(2)(viii) as follows: ■ § 386.2 Royalty fee for secondary transmission by satellite carriers. * * * * * (b) * * * (1) * * * (viii) 2017: 27 cents per subscriber per month. (2) * * * (viii) 2017: 57 cents per subscriber per month. Dated: November 17, 2016. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2016–28180 Filed 11–22–16; 8:45 am] BILLING CODE 1410–72–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2014–0507; FRL–9955–49– Region 4] Air Plan Approval; FL Infrastructure Requirements for the 2010 1-hour NO2 NAAQS Environmental Protection Agency. ACTION: Final rule. mstockstill on DSK3G9T082PROD with RULES AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve the State Implementation Plan (SIP) submission, submitted by the State of Florida, through the Florida SUMMARY: VerDate Sep<11>2014 16:26 Nov 22, 2016 Jkt 241001 Department of Environmental Protection (FDEP), on January 22, 2013, to demonstrate that the State meets certain infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1hour nitrogen dioxide (NO2) national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ‘‘infrastructure’’ SIP. FDEP certified that the Florida SIP contains provisions that ensure the 2010 1-hour NO2 NAAQS is implemented, enforced, and maintained in Florida. EPA has determined that Florida’s infrastructure SIP submission, provided to EPA on January 22, 2013, satisfies certain required infrastructure elements for the 2010 1-hour NO2 NAAQS. DATES: This rule will be effective December 23, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2014–0507. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–8726. Mr. Richard Wong can also be reached via electronic mail at wong.richard@epa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00091 Fmt 4700 Sfmt 4700 84479 I. Background and Overview On January 22, 2010 (75 FR 6474, February 9, 2010), EPA promulgated a new 1-hour primary NAAQS for NO2 at a level of 100 parts per billion, based on a 3-year average of the 98th percentile of the yearly distribution of 1-hour daily maximum concentrations. Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS. States were required to submit such SIPs for the 2010 NO2 NAAQS to EPA no later than January 22, 2013. In a proposed rulemaking published on July 20, 2016 (81 FR 47094), EPA proposed to approve Florida’s 2010 1hour NO2 NAAQS infrastructure SIP submission submitted on January 22, 2013, with the exception of the elements related to the ambient air quality monitoring and data system of section 110(a)(2)(B), and the prevention of significant deterioration (PSD) permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J). EPA is not acting on Florida’s January 22, 2013, infrastructure SIP submission regarding the PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of D(i) and (J) for the 2010 1hour NO2 NAAQS because it previously approved these requirements. See 80 FR 14019, March 18, 2015. Regarding section 110(a)(2)(B), EPA is not taking any action on this portion of Florida’s 2010 1-hour NO2 NAAQS infrastructure SIP submission in this action and will instead address this requirement in a separate action. Also note that EPA did not propose any action regarding the interstate transport provisions pertaining to the contribution to nonattainment or interference with maintenance in other states of prongs 1 and 2 of section 110(a)(2)(D)(i) because Florida’s January 22, 2013 SIP submission did not address these requirements. The details of Florida’s submission and the rationale for EPA’s actions for this final rulemaking are explained in the July 20, 2016, proposed rulemaking. Comments on the proposed rulemaking were due on or before August 19, 2016. EPA received no adverse comments on the proposed action. E:\FR\FM\23NOR1.SGM 23NOR1 84480 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations II. Final Action With the exception of the elements related to the ambient air quality monitoring and data system of section 110(a)(2)(B), and the PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J), EPA is taking final action to approve Florida’s infrastructure SIP submission for the 2010 1-hour NO2 NAAQS submitted on January 22, 2013. EPA is taking final action to approve Florida’s infrastructure SIP submission for the 2010 1-hour NO2 NAAQS because the submission is consistent with section 110 of the CAA. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, 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 CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 23, 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: November 7, 2016. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart K—Florida 2. In § 52.520, the table in paragraph (e) is amended by adding the entry ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS’’ at the end of the table to read as follows: ■ § 52.520 * Identification of plan. * * (e) * * * * * EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS State effective date Provision mstockstill on DSK3G9T082PROD with RULES * * 110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS. VerDate Sep<11>2014 17:14 Nov 22, 2016 EPA approval date * 1/22/2013 Jkt 241001 * 11/23/2016 PO 00000 Federal Register notice Frm 00092 * [Insert Federal Register citation]. Fmt 4700 Explanation Sfmt 4700 * * With the exception of sections: 110(a)(2)(B) Concerning ambient air quality monitoring and data system; 110(a)(2)(C) and (J) concerning PSD permitting requirements; and 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 3) concerning interstate transport requirements. E:\FR\FM\23NOR1.SGM 23NOR1 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations II. Public Comments and Responses III. Final Action IV. Statutory and Executive Order Reviews [FR Doc. 2016–28098 Filed 11–22–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2016–0494; FRL–9955–53– Region 9] Findings of Failure To Attain the 1997 PM2.5 Standards; California; San Joaquin Valley Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) has determined that the San Joaquin Valley nonattainment area failed to attain the 1997 annual and 24hour fine particulate matter (PM2.5) national ambient air quality standards by the December 31, 2015 ‘‘Serious’’ area attainment date. As a result of this determination, the State of California is required to submit a revision to the California State Implementation Plan that, among other elements, provides for expeditious attainment of the 1997 PM2.5 standards and for a five percent annual reduction in the emissions of direct PM2.5 or a PM2.5 plan precursor pollutant in the San Joaquin Valley. DATES: This rule is effective December 23, 2016. ADDRESSES: The EPA has established docket number EPA–R09–OAR–2016– 0494 for this action. Generally, documents in the docket for this action are available electronically at https:// www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105–3901. While all documents in the docket are listed at https://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multi-volume reports), and some may not be available in either location (e.g., confidential business information (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Rory Mays, Air Planning Office (AIR–2), EPA Region IX, (415) 972–3227, mays.rory@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we’’, ‘‘us,’’ and ‘‘our’’ refer to the EPA. mstockstill on DSK3G9T082PROD with RULES SUMMARY: Table of Contents I. Background VerDate Sep<11>2014 16:26 Nov 22, 2016 Jkt 241001 84481 procedures to determine whether an area has attained the 1997 PM2.5 NAAQS; and the PM2.5 monitoring networks operated in the Valley by the I. Background California Air Resources Board and the On October 6, 2016 (81 FR 69448), the San Joaquin Valley Unified Air EPA proposed to determine that the San Pollution Control District and related Joaquin Valley Serious nonattainment monitoring network plans. We also area failed to attain the 1997 PM2.5 documented our previous review of the national ambient air quality standards networks and network plans, the (NAAQS or ‘‘standards’’) by the agencies’ annual certifications of applicable attainment date of December ambient air monitoring data, and our 31, 2015, based on complete, qualitydetermination that 15 of the 17 assured and certified ambient air quality monitoring sites within the Valley data for the 2013 to 2015 monitoring produced valid design values for period. The San Joaquin Valley PM2.5 purposes of comparison with the 1997 nonattainment area (or ‘‘the Valley’’) PM2.5 NAAQS. covers San Joaquin County, Stanislaus Under EPA regulations in 40 CFR part County, Merced County, Madera 50, section 50.7 and in accordance with County, Fresno County, Tulare County, Appendix N, the 1997 annual PM2.5 Kings County, and the valley portion of standards are met when the design Kern County (see 40 CFR 81.305 for the value is less than or equal to 15.0 mg/ precise boundaries of the PM2.5 m3, and the 1997 24-hour PM2.5 nonattainment area). standards are met when the design As discussed further in our October 6, value is less than or equal to 65 mg/m3. 2016 proposed rule, in 1997, the EPA More specifically, the design value for established annual and 24-hour PM2.5 the annual PM2.5 standards is the 3-year standards of 15.0 micrograms per cubic average of annual mean concentration, meter (mg/m3) and 65 mg/m3, and the 1997 annual PM2.5 NAAQS are respectively (see 40 CFR 50.7). Since met when the design value for the promulgation of the 1997 PM2.5 NAAQS, annual PM2.5 standards at each eligible the EPA has established more stringent monitoring site is less than or equal to PM2.5 NAAQS but, for reasons given in 15.0 mg/m3. With respect to the 24-hour the proposed rule, the 1997 PM2.5 PM2.5 standards, the design value is the NAAQS remain in effect in the San 3-year average of annual 98th percentile Joaquin Valley and represent the 24-hour average values recorded at each standards for which today’s eligible monitoring site, and the 1997 determinations are made. See pages 24-hour PM2.5 NAAQS are met when the 69448–69449 of the proposed rule. design value for the 24-hour standards Our proposed rule provided at each such monitoring site is less than background information on: The effects or equal to 65 mg/m3. of exposure to elevated levels of PM2.5; In our proposed rule, to evaluate the designations and classifications of whether the San Joaquin Valley attained the San Joaquin Valley under the Clean the 1997 PM2.5 NAAQS by the December Air Act (CAA or ‘‘Act’’) for the 1997 31, 2015 attainment date, we PM2.5 NAAQS; the plans developed by determined the 2013–2015 design California to address nonattainment area values at each of the 17 PM2.5 requirements for San Joaquin Valley; the monitoring sites for the 1997 annual and reclassification of the San Joaquin 24-hour PM2.5 standards. See Tables 1 Valley from ‘‘Moderate’’ to ‘‘Serious’’ for and 2 of our October 6, 2016 proposed the 1997 PM2.5 NAAQS and the related rule. Based on the design values at the extension of the applicable attainment various sites, we found that eight sites, date to December 31, 2015; the request all in the central and southern San by California to extend the December Joaquin Valley, did not meet the 1997 31, 2015 attainment date for San Joaquin annual PM2.5 NAAQS of 15.0 mg/m3, Valley under CAA section 188(e); and and that four sites, all in southwestern the denial of that request by the EPA. San Joaquin Valley, did not meet the The EPA published its final denial of 1997 24-hour PM2.5 NAAQS of 65 mg/m3 the State’s attainment date extension by the December 31, 2015 attainment request on October 6, 2016 at 81 FR date. The 2015 annual design value site, 69396. i.e., the site with the highest design In our October 6, 2016 proposed rule, value based on 2013–2015 data, is the we also described the following: The Corcoran site with a 2015 annual PM2.5 statutory basis (i.e., CAA sections design value of 22.2 mg/m3 and a 24179(c)(1) and 188(b)(2)) for the hour PM2.5 design value of 79 mg/m3. obligation on the EPA to determine For the San Joaquin Valley to attain whether an area’s air quality meets the the 1997 PM2.5 NAAQS by December 31, 1997 PM2.5 NAAQS; the EPA regulations 2015, the 2015 design value (reflecting data from 2013–2015) at each eligible establishing the specific methods and PO 00000 Frm 00093 Fmt 4700 Sfmt 4700 E:\FR\FM\23NOR1.SGM 23NOR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Rules and Regulations]
[Pages 84479-84481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28098]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0507; FRL-9955-49-Region 4]


Air Plan Approval; FL Infrastructure Requirements for the 2010 1-
hour NO2 NAAQS

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the State Implementation Plan (SIP) submission, 
submitted by the State of Florida, through the Florida Department of 
Environmental Protection (FDEP), on January 22, 2013, to demonstrate 
that the State meets certain infrastructure requirements of the Clean 
Air Act (CAA or Act) for the 2010 1-hour nitrogen dioxide 
(NO2) national ambient air quality standards (NAAQS). The 
CAA requires that each state adopt and submit a SIP for the 
implementation, maintenance and enforcement of each NAAQS promulgated 
by EPA, which is commonly referred to as an ``infrastructure'' SIP. 
FDEP certified that the Florida SIP contains provisions that ensure the 
2010 1-hour NO2 NAAQS is implemented, enforced, and 
maintained in Florida. EPA has determined that Florida's infrastructure 
SIP submission, provided to EPA on January 22, 2013, satisfies certain 
required infrastructure elements for the 2010 1-hour NO2 
NAAQS.

DATES: This rule will be effective December 23, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0507. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Pesticides 
and Toxics Management Division, Region 4, U.S. Environmental Protection 
Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The 
telephone number is (404) 562-8726. Mr. Richard Wong can also be 
reached via electronic mail at wong.richard@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background and Overview

    On January 22, 2010 (75 FR 6474, February 9, 2010), EPA promulgated 
a new 1-hour primary NAAQS for NO2 at a level of 100 parts 
per billion, based on a 3-year average of the 98th percentile of the 
yearly distribution of 1-hour daily maximum concentrations. Pursuant to 
section 110(a)(1) of the CAA, states are required to submit SIPs 
meeting the requirements of section 110(a)(2) within three years after 
promulgation of a new or revised NAAQS or within such shorter period as 
EPA may prescribe. Section 110(a)(2) requires states to address basic 
SIP elements such as requirements for monitoring, basic program 
requirements and legal authority that are designed to assure attainment 
and maintenance of the NAAQS. States were required to submit such SIPs 
for the 2010 NO2 NAAQS to EPA no later than January 22, 
2013.
    In a proposed rulemaking published on July 20, 2016 (81 FR 47094), 
EPA proposed to approve Florida's 2010 1-hour NO2 NAAQS 
infrastructure SIP submission submitted on January 22, 2013, with the 
exception of the elements related to the ambient air quality monitoring 
and data system of section 110(a)(2)(B), and the prevention of 
significant deterioration (PSD) permitting requirements for major 
sources of sections 110(a)(2)(C), prong 3 of D(i), and (J). EPA is not 
acting on Florida's January 22, 2013, infrastructure SIP submission 
regarding the PSD permitting requirements for major sources of sections 
110(a)(2)(C), prong 3 of D(i) and (J) for the 2010 1-hour 
NO2 NAAQS because it previously approved these requirements. 
See 80 FR 14019, March 18, 2015. Regarding section 110(a)(2)(B), EPA is 
not taking any action on this portion of Florida's 2010 1-hour 
NO2 NAAQS infrastructure SIP submission in this action and 
will instead address this requirement in a separate action. Also note 
that EPA did not propose any action regarding the interstate transport 
provisions pertaining to the contribution to nonattainment or 
interference with maintenance in other states of prongs 1 and 2 of 
section 110(a)(2)(D)(i) because Florida's January 22, 2013 SIP 
submission did not address these requirements. The details of Florida's 
submission and the rationale for EPA's actions for this final 
rulemaking are explained in the July 20, 2016, proposed rulemaking. 
Comments on the proposed rulemaking were due on or before August 19, 
2016. EPA received no adverse comments on the proposed action.

[[Page 84480]]

II. Final Action

    With the exception of the elements related to the ambient air 
quality monitoring and data system of section 110(a)(2)(B), and the PSD 
permitting requirements for major sources of sections 110(a)(2)(C), 
prong 3 of D(i), and (J), EPA is taking final action to approve 
Florida's infrastructure SIP submission for the 2010 1-hour 
NO2 NAAQS submitted on January 22, 2013. EPA is taking final 
action to approve Florida's infrastructure SIP submission for the 2010 
1-hour NO2 NAAQS because the submission is consistent with 
section 110 of the CAA.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, 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 CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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 as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 23, 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: November 7, 2016.
 Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart K--Florida

0
2. In Sec.  52.520, the table in paragraph (e) is amended by adding the 
entry ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-
hour NO2 NAAQS'' at the end of the table to read as follows:


Sec.  52.520   Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     State         EPA approval      Federal  Register
           Provision             effective date        date               notice                Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
110(a)(1) and (2)                    1/22/2013       11/23/2016   [Insert Federal         With the exception of
 Infrastructure Requirements                                       Register citation].     sections:
 for the 2010 1-hour NO2 NAAQS.                                                            110(a)(2)(B)
                                                                                           Concerning ambient
                                                                                           air quality
                                                                                           monitoring and data
                                                                                           system; 110(a)(2)(C)
                                                                                           and (J) concerning
                                                                                           PSD permitting
                                                                                           requirements; and
                                                                                           110(a)(2)(D)(i)(I)
                                                                                           and (II) (prongs 1
                                                                                           through 3) concerning
                                                                                           interstate transport
                                                                                           requirements.
----------------------------------------------------------------------------------------------------------------


[[Page 84481]]

[FR Doc. 2016-28098 Filed 11-22-16; 8:45 am]
 BILLING CODE 6560-50-P

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