[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Rules and Regulations]
[Pages 7706-7708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02959]



40 CFR Part 52

[EPA-R08-OAR-2015-0670; FRL-9942-31-Region 8]

Approval and Promulgation of Air Quality Implementation Plans; 
2008 Ozone NAAQS Interstate Transport for Colorado, Montana, North 
Dakota and South Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) submissions from the states of Colorado, 
Montana, North Dakota and South Dakota that are intended to demonstrate 
that the SIP for each respective state meets certain interstate 
transport requirements of the Clean Air Act (Act or CAA) for the 2008 
8-hour ozone National Ambient Air Quality Standards (NAAQS). These 
submissions address the requirement that each SIP contain adequate 
provisions prohibiting air emissions that will have certain adverse air 
quality effects in other states. The EPA is approving these SIPs for 
all four states as containing adequate provisions to ensure that air 
emissions in the states do not significantly contribute to 
nonattainment or interfere with maintenance of the 2008 8-hour ozone 
NAAQS in any other state.

[[Page 7707]]

DATES: This final rule is effective on March 17, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification Number EPA-R08-OAR-2015-0670. All documents in the 
docket are listed on the http://www.regulations.gov index. Although 
listed in the index, some information may not be publicly available, 
e.g., Confidential Business Information or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
through http://www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado, 80202-1129. EPA requests that you contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section to 
view the hard copy of the docket. You may view the hard copy of the 
docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal 

Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 
Wynkoop, Denver, Colorado 80202-1129, (303) 312-7104, 
[email protected].


I. Background

    On November 23, 2015, the EPA proposed to approve submittals from 
Colorado, Montana, North Dakota and South Dakota as meeting the 
interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for 
the 2008 ozone NAAQS (80 FR 72937). An explanation of the CAA 
requirements, a detailed analysis of the states' submittals, and the 
EPA's rationale for approval of each submittal were all provided in the 
notice of proposed rulemaking, and will not be restated here. The 
public comment period for this proposed rule ended on December 23, 
2015. The EPA received no comments on the proposal.

II. Final Action

    The EPA is approving the following submittals as meeting the 
interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for 
the 2008 8-hour ozone NAAQS: Colorado's December 31, 2012 submission; 
Montana's January 3, 2013 submission; North Dakota's March 8, 2013 
submission; and South Dakota's May 30, 2013 submission. This action is 
being taken under 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state actions, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law provisions 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 the 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 does not apply on any Indian reservation land 
or in any other area where the 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. 
    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 April 18, 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 CAA section 307(b)(2).)

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.

    Dated: January 25, 2016. Signed:
Debra H. Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:


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

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

[[Page 7708]]

Subpart G--Colorado

2. Section 52.352 is amended by adding paragraph (d) to read as 

Sec.  52.352  Interstate transport.

* * * * *
    (d) Addition to the Colorado State Implementation Plan of the 
Colorado Interstate Transport SIP regarding 2008 Ozone Standards for 
both of the CAA section 110(a)(2)(D)(i)(I) requirements submitted to 
EPA on December 31, 2012.

Subpart BB--Montana

3. Section 52.1393 is amended by adding paragraph (c) to read as 

Sec.  52.1393  Interstate transport requirements.

* * * * *
    (c) EPA is approving both elements of CAA section 
110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS, which was submitted to EPA 
on January 3, 2013.

Subpart JJ--North Dakota

4. Section 52.1833 is amended by adding paragraph (e) to read as 

Sec.  52.1833  Section 110(a)(2) infrastructure requirements.

* * * * *
    (e) EPA is approving both elements of CAA section 
110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS, which was submitted to EPA 
on March 8, 2013.

Subpart QQ--South Dakota

5. Section 52.2170, paragraph (e), is amended by adding the entry 
``XIX. Section 110(a)(2)(D)(i)(I) Infrastructure Requirements for the 
2008 8-hour Ozone NAAQS'' to read as follows:

Sec.  52.2170  Identification of plan.

* * * * *
    (e) * * *

                                                                        Final rule
           Rule title             State effective     EPA Effective     citation,             Comments
                                        date               date            date
                                                  * * * * * * *
XIX. Section 110(a)(2)(D)(i)(I)            5/21/13             3/2/15  80 FR 4799,  ............................
 Interstate Transport                                                   1/29/15
 Requirements for the 2008 8-
 hour Ozone NAAQS.

[FR Doc. 2016-02959 Filed 2-12-16; 8:45 am]