[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.

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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; 
[email protected].

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\
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    \1\ We note that while the SIP revisions submitted by Maine, New 
Hampshire, and Rhode Island address only the transport elements of 
CAA section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS, Vermont's 
submittal addresses all of the infrastructure elements of CAA 
section 110(a)(2) for the 2008 ozone NAAQS. Today's action, however, 
only addresses the transport elements of Vermont's submittal.
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    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
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                                      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
                                                                                               ).
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\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
                                                                                               ).
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\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
                                                                                               ).
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[FR Doc. 2016-24491 Filed 10-12-16; 8:45 am]
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