64072 Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations because it does not affect 

the level of protection provided to 

human health or the environment. This 

action merely partially approves and 

partially disapproves a SIP submittal 

from the State of New Jersey. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

EPA will submit a rule report to each 

House of the Congress and to 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). 

L. Judicial Review 

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 November 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, Intergovernmental 

relations, Incorporation by reference, 

Carbon monoxide, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Sulfur dioxide, Volatile organic 

compounds. 

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

Dated: September 6, 2016. 

Judith A. Enck, 

Regional Administrator, Region 2. 

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 FF—New Jersey 

■ 2. Section 52.1586 is amended by 

adding paragraph (b) and adding and 

reserving paragraph (c) to read as 

follows: 

§ 52.1586 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(b) 2008 Lead, 2008 8-hour ozone, 

2010 NO2, 2010 SO2, 2012 PM2.5, 2006 

PM10 and 2011 CO NAAQS—(1) 

Approval. Submittal from New Jersey 

dated October 17, 2014 to address the 

CAA infrastructure requirements of 

section 110(a)(2) for the 2008 Lead, 2008 

8-hour ozone, 2010 NO2, 2010 SO2, 2012 

PM2.5, 2006 PM10 and 2011 CO NAAQS 

is approved for (D)(i)(II) prong 4 

(visibility). 

(2) Disapproval. Submittal from New 

Jersey dated October 17, 2014 to address 

the CAA infrastructure requirements of 

section 110(a)(2) for the 2008 Lead, 2008 

8-hour ozone, 2010 NO2, 2010 SO2, 2012 

PM2.5, 2006 PM10 and 2011 CO NAAQS 

is disapproved for (D)(i)(II) prong 3 (PSD 

program only). These requirements are 

being addressed by § 52.1603 which has 

been delegated to New Jersey to 

implement. 

(c) [Reserved] 

[FR Doc. 2016–22400 Filed 9–16–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0824; FRL–9952–42– 

Region 5] 

Air Plan Approval; Ohio; Infrastructure 

SIP Requirements for the 2012 PM2.5

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

the state implementation plan (SIP) 

submission from Ohio regarding the 

infrastructure requirements of section 

110 of the Clean Air Act (CAA) for the 

2012 fine particulate matter (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS). The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. The 

proposed rule associated with this final 

action was published on June 23, 2016, 

and we received no comments. 

DATES: This final rule is effective on 

October 19, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2015–0824. 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 

(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 either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Joseph 

Ko, Environmental Engineer, at (312) 

886–7947 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Ko, Environmental Engineer, 

Attainment Planning and Maintenance, 

Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–7947, 

ko.joseph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What did Ohio submit, and what is the 

scope of EPA’s action? 

II. What action is EPA taking? 

III. Statutory and Executive Order Reviews 

I. What did Ohio submit, and what is 

the scope of EPA’s action? 

A. What state SIP submission does this 

rulemaking address? 

This rulemaking addresses a 

submission from the Ohio 

Environmental Protection Agency 

(OEPA), describing its infrastructure SIP 

for the 2012 PM2.5 NAAQS, dated 

December 4, 2015. 


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Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations 64073 

B. Why did the state make this SIP 

submission? 

Under sections 110(a)(1) and (2) of the 

CAA, states are required to submit 

infrastructure SIPs to ensure that their 

SIPs provide for implementation, 

maintenance, and enforcement of the 

NAAQS, including the 2012 PM2.5

NAAQS. These submissions must 

contain any revisions needed for 

meeting the applicable SIP requirements 

of section 110(a)(2), or certifications that 

their existing SIPs for the NAAQS 

already meet those requirements. 

EPA highlighted this statutory 

requirement in an October 2, 2007, 

guidance document entitled ‘‘Guidance 

on SIP Elements Required Under 

Sections 110(a)(1) and (2) for the 1997 

8-hour Ozone and PM2.5 National 

Ambient Air Quality Standards’’ (2007 

Memo) and has issued additional 

guidance documents, the most recent on 

September 13, 2013, ‘‘Guidance on 

Infrastructure State Implementation 

Plan (SIP) Elements under CAA 

Sections 110(a)(1) and (2)’’ (2013 

Memo). The SIP submission referenced 

in this rulemaking pertains to the 

applicable requirements of section 

110(a)(1) and (2), and addresses the 

2012 PM2.5 NAAQS. To the extent that 

the prevention of significant 

deterioration (PSD) program is nonNAAQS specific, a narrow evaluation of 

other aspects of Ohio’s submittal 

pertinent to the NAAQS will be 

included in the appropriate sections. 

C. What is the scope of this rulemaking? 

EPA is acting upon the SIP 

submission from OEPA that addresses 

the infrastructure requirements of CAA 

sections 110(a)(1) and 110(a)(2) for the 

2012 PM2.5 NAAQS. The requirement 

for states to make a SIP submission of 

this type is in CAA section 110(a)(1). 

Pursuant to section 110(a)(1), states 

must make SIP submissions ‘‘within 3 

years (or such shorter period as the 

Administrator may prescribe) after the 

promulgation of a national primary 

ambient air quality standard (or any 

revision thereof),’’ and these SIP 

submissions are to provide for the 

‘‘implementation, maintenance, and 

enforcement’’ of such NAAQS. The 

statute directly imposes on states the 

duty to make these SIP submissions, 

and the requirement to make the 

submissions is not conditioned upon 

EPA’s taking any action other than 

promulgating a new or revised NAAQS. 

Section 110(a)(2) includes a list of 

specific elements that ‘‘[e]ach such 

plan’’ submission must address. 

EPA has historically referred to these 

SIP submissions made for the purpose 

of satisfying the requirements of CAA 

sections 110(a)(1) and 110(a)(2) as 

‘‘infrastructure SIP’’ submissions. 

Although the term ‘‘infrastructure SIP’’ 

does not appear in the CAA, EPA uses 

the term to distinguish this particular 

type of SIP submission from 

submissions that are intended to satisfy 

other SIP requirements under the CAA, 

such as ‘‘nonattainment SIP’’ or 

‘‘attainment plan SIP’’ submissions to 

address the nonattainment planning 

requirements of part D of title I of the 

CAA, ‘‘regional haze SIP’’ submissions 

required by EPA rule to address the 

visibility protection requirements of 

CAA section 169A, and nonattainment 

new source review (NNSR) permit 

program submissions to address the 

permit requirements of CAA, title I, part 

D. 

This rulemaking will not cover four 

substantive areas that are not integral to 

acting on a state’s infrastructure SIP 

submission: (i) Existing provisions 

related to excess emissions during 

periods of start-up, shutdown, or 

malfunction at sources, that may be 

contrary to the CAA and EPA’s policies 

addressing such excess emissions 

(‘‘SSM’’); (ii) existing provisions related 

to ‘‘director’s variance’’ or ‘‘director’s 

discretion’’ that purport to permit 

revisions to SIP-approved emissions 

limits with limited public process or 

without requiring further approval by 

EPA, that may be contrary to the CAA 

(‘‘director’s discretion’’); (iii) existing 

provisions for PSD programs that may 

be inconsistent with current 

requirements of EPA’s ‘‘Final New 

Source Review (NSR) Improvement 

Rule,’’ 67 FR 80186 (December 31, 

2002), as amended by 72 FR 32526 (June 

13, 2007) (‘‘NSR Reform’’); and (iv) 

transport provisions under section 

110(a)(2)(D). Instead, EPA has the 

authority to, and plans to, address each 

one of these substantive areas in 

separate rulemakings. A detailed history 

and interpretation of infrastructure SIP 

requirements can be found in EPA’s 

May 13, 2014, proposed rule entitled, 

‘‘Infrastructure SIP Requirements for the 

2008 Lead NAAQS’’ in the section, 

‘‘What is the scope of this rulemaking?’’ 

(see 79 FR 27241 at 27242—27245). 

II. What action is EPA taking? 

EPA is approving most elements of 

the submission from OEPA certifying 

that its current SIP is sufficient to meet 

the required infrastructure elements 

under sections 110(a)(1) and (2) for the 

2012 PM2.5 NAAQS. The proposed 

rulemaking associated with this final 

action was published on June 23, 2016 

(81 FR 40827), and EPA received no 

comments during the comment period, 

which ended on July 25, 2016. For the 

reasons discussed in the proposed 

rulemaking, EPA is therefore taking 

final action to approve most elements, 

as proposed, of Ohio’s submissions. 

EPA’s final actions for the state’s 

satisfaction of infrastructure SIP 

requirements, by element of section 

110(a)(2) are contained in the table 

below. 

Element 2012 

PM2.5

(A): Emission limits and other control 

measures.

A 

(B): Ambient air quality monitoring 

and data system.

A 

(C): Program for enforcement of control measures.A 

(D) 1: Interstate Transport—Significant contribution.NA 

(D) 2: Interstate Transport—interfere 

with maintenance.

NA 

(D) 3: PSD ......................................... A 

(D) 4: Visibility .................................... NA 

(D) 5: Interstate and International 

Pollution Abatement.

A 

(E): Adequate resources .................... A 

(E): State boards ............................... A 

(F): Stationary source monitoring 

system.

A 

(G): Emergency power ...................... A 

(H): Future SIP revisions ................... A 

(I): Nonattainment area plan or plan 

revisions under part D.

+ 

(J) 1: Consultation with government 

officials.

A 

(J) 2: Public notification ..................... A 

(J) 3: PSD .......................................... A 

(J) 4: Visibility protection ................... + 

(K): Air quality modeling and data ..... A 

(L): Permitting fees ............................ A 

(M): Consultation and participation by 

affected local entities.

A 

In the above table, the key is as follows: 

A Approve. 

NA No Action/Separate Rulemaking. 

+ Not germane to infrastructure SIPs. 

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 

CAA 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 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); 


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64074 Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations 

• 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). 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 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 section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: August 30, 2016. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

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. 

■ 2. In § 52.1870, the table in paragraph 

(e) is amended by adding an entry for 

‘‘Section 110(a)(2) Infrastructure 

Requirements for the 2012 PM2.5

NAAQS’’ after the entry ‘‘Section 

110(a)(2) infrastructure requirements for 

the 2006 PM2.5 NAAQS’’ under 

‘‘Infrastructure Requirements’’ to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title 

Applicable 

geographical or 

non-attainment area 

State date EPA approval Comments 

*******

Infrastructure Requirements 

*******

Section 110(a)(2) infrastructure requirements 

for the 2012 PM2.5 NAAQS.

Statewide ................... 12/2/2015 9/19/2016, [Insert Federal 

Register citation].

Addresses the following 

CAA elements: 

110(a)(2)(A)–(C), (D)(iii), 

(D)(v), (E)–(H), (J)(i), 

(J)(ii), (J)(iii), (K)–(M). 

* * * * * * * 

* * * * * 

[FR Doc. 2016–22360 Filed 9–16–16; 8:45 am] 

BILLING CODE 6560–50–P 


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