Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations 24029 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

2008 Lead Attainment Plan .... Lower Beaver Valley Area ..... 1/15/15 4/25/16, [Insert Federal Register citation].See §§ 52.2036(aa) and 

52.2055(c). 

* * * * * 

■ 3. Section 52.2036 is amended by 

adding paragraph (aa) to read as follows: 

§ 52.2036 Base year emissions inventory. 

* * * * * 

(aa) EPA approves as a revision to the 

Pennsylvania state implementation plan 

the 2010 base year emissions inventory 

for the Lower Beaver Valley, 

Pennsylvania nonattainment area for the 

2008 lead NAAQS. This SIP revision 

was submitted by the Pennsylvania 

Department of Environmental Protection 

on January 15, 2015. This submittal 

includes the 2010 base year emissions 

inventory for all relevant sources in the 

Lower Beaver Valley nonattainment area 

for the pollutant lead. 

■ 4. Section 52.2055 is amended by 

adding paragraph (c) to read as follows: 

§ 52.2055 Control strategy: Lead. 

* * * * * 

(c) EPA approves the state 

implementation plan for the Lower 

Beaver Valley, Pennsylvania 

nonattainment area for the 2008 lead 

NAAQS. This SIP revision includes 

reasonably available control measures, 

reasonably available control technology, 

contingency measures, and an 

attainment demonstration submitted by 

the Pennsylvania Department of 

Environmental Protection on January 

15, 2015. 

[FR Doc. 2016–09432 Filed 4–22–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0751; FRL–9944–38– 

Region 9] 

Approval of California Air Plan 

Revisions, San Joaquin Valley Unified 

Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the San Joaquin 

Valley Unified Air Pollution Control 

District (SJVUAPCD) portion of the 

California State Implementation Plan 

(SIP). This revision concerns emissions 

of volatile organic compounds (VOCs), 

oxides of nitrogen (NOX), and 

particulate matter (PM) from internal 

combustion engines. We are approving 

a local rule that regulates these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule will be effective on 

May 25, 2016. 

ADDRESSES: The EPA has established 

docket number EPA–R09–OAR–2015– 

0751 for this action. Generally, 

documents in the docket for this action 

are available electronically at http://

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 http://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: 

Nicole Law, EPA Region IX, (415) 947– 

4126, Law.Nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On December 2, 2015 (80 FR 75442), 

the EPA proposed to approve the 

following rule into the California SIP. 

Local agency Rule No. Rule title Amended Submitted 

SJVUAPCD ................................... 4702 Internal Combustion Engines ........................................... 11/14/13 05/13/14 

We proposed to approve this rule 

because we determined that it complied 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. 

Because one document in the docket for 

the proposal was not listed in 

www.regulations.gov until after the 

comment period had closed, EPA 

reopened the comment period on 

February 12, 2016 for an additional 15 

days to ensure the public had an 

opportunity to review and comment on 

all material in the docket. During both 

open comment periods, we received no 

comments. 

III. EPA Action 

No comments were submitted. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving this rule into the California 

SIP. 

IV. 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 

SJVUAPCD rules described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

available electronically through 

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 


jstallworth on DSK7TPTVN1PROD with RULES
24030 Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations 

ADDRESSES section of this preamble for 

more information). 

V. 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, the 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 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 is not approved 

to 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. The 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 June 24, 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, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 17, 2016. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(350)(i)(C)(3) and 

(c)(441)(i)(D)(4) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(350) * * * 

(i) * * * 

(C) * * * 

(3) Previously approved on January 

10, 2008 in paragraph(c)(350)(i)(C)(1) of 

this section and now deleted with 

replacement in paragraph 

(c)(441)(i)(D)(4), Rule 4702, ‘‘Internal 

Combustion Engines,’’ amended on 

January 18, 2007. 

* * * * * 

(441) * * * 

(i) * * * 

(D) * * * 

(4) Rule 4702, ‘‘Internal Combustion 

Engines,’’ amended on November 14, 

2013. 

* * * * * 

[FR Doc. 2016–09430 Filed 4–22–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R06–OAR–2015–0852; FRL–9945–40– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; AR; 

Redesignation of the Crittenden 

County, 2008 8-Hour Ozone 

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On December 10, 2015, the 

State of Arkansas, through the Arkansas 

Department of Environment Quality 

(ADEQ), submitted a request for the 

Environmental Protection Agency (EPA) 

to redesignate the portion of Arkansas 

that is within the Memphis, TennesseeMississippi-Arkansas (Memphis, TNMS-AR) 2008 8-hour ozone 

nonattainment area (hereafter referred to 

as the ‘‘Memphis, TN-MS-AR Area’’ or 

‘‘Area’’) and to approve a State 

Implementation Plan (SIP) revision 

containing a maintenance plan for the 

Area. EPA has determined that the 

Memphis, TN-MS-AR Area is attaining 

the 2008 8-hour ozone national ambient 

air quality standards (NAAQS); is 

approving the State’s plan for 

maintaining attainment of the 2008 8- 

hour ozone NAAQS in the Area, 


jstallworth on DSK7TPTVN1PROD with RULES