Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations 71631 

§ 71.11 Administrative record, public 

participation, and administrative review. 

* * * * * 

(d) * * * 

(3) * * * 

(i) * * * 

(E) Persons on a mailing list, 

including those who request in writing 

to be on the list. As part of this 

requirement, the permitting authority 

shall notify the public of the 

opportunity to be put on the mailing list 

by way of generally accepted methods 

(e.g., hyperlink sign-up function or 

radio button on an agency Web site, 

sign-up sheet at a public hearing, etc.) 

that enable interested parties to 

subscribe to the mailing list. The 

permitting authority may update the 

mailing list from time to time by 

requesting written indication of 

continued interest from those listed. 

The permitting authority may delete 

from the list the name of any person 

who fails to respond to such a request 

within a reasonable timeframe. 

(ii) By posting a notice on a public 

Web site identified by the permitting 

authority for the duration of the public 

comment period. The notice shall be 

consistent with paragraph (d)(4)(i) of 

this section and be accompanied by a 

copy of the draft permit. 

* * * * * 

(4) * * * 

(i) * * * 

(G) The physical location and/or Web 

site address of the administrative 

record, the times at which the record 

will be open for public inspection, and 

a statement that all data submitted by 

the applicant are available as part of the 

administrative record; and 

* * * * * 

Subpart B—Permits for Early 

Reductions Sources 

■ 16. Section 71.27 is amended by 

revising paragraphs (d)(3)(i)(E), 

(d)(3)(ii), and (d)(4)(i)(F) and (G) and 

adding paragraph (d)(4)(i)(H) to read as 

follows: 

§ 71.27 Public participation and appeal. 

* * * * * 

(d) * * * 

(3) * * * 

(i) * * * 

(E) Persons on a mailing list, 

including those who request in writing 

to be on the list. As part of this 

requirement, the Administrator shall 

notify the public of the opportunity to 

be put on the mailing list by way of 

generally accepted methods (e.g., 

hyperlink sign-up function or radio 

button on an agency Web site, sign-up 

sheet at a public hearing, etc.) that 

enable interested parties to subscribe to 

the mailing list. The Administrator may 

update the mailing list from time to time 

by requesting written indication of 

continued interest from those listed. 

The Administrator may delete from the 

list the name of any person who fails to 

respond to such a request within a 

reasonable timeframe; 

* * * * * 

(ii) By posting a notice on a public 

Web site identified by the Administrator 

for the duration of the public comment 

period. The notice shall be consistent 

with paragraph (d)(4)(i) of this section 

and be accompanied by a copy of the 

draft permit. 

* * * * * 

(4) * * * 

(i) * * * 

(F) A brief description of the comment 

procedures required by paragraphs (e) 

and (f) of this section and the time and 

place of any hearing that will be held, 

including a statement of procedures to 

request a hearing (unless a hearing has 

already been scheduled) and other 

procedures by which the public may 

participate in the final permit decision; 

(G) Any additional information 

considered necessary or proper; and 

(H) The physical location and/or Web 

site address of the administrative 

record, the times at which the record 

will be open for public inspection and 

a statement that all data submitted by 

the applicant are available as part of the 

administrative record. 

* * * * * 

PART 124—PROCEDURES FOR 

DECISIONMAKING 

■ 17. The authority citation for part 124 

continues to read as follows: 

Authority: Resource Conservation and 

Recovery Act, 42 U.S.C. 6901 et seq.; Safe 

Drinking Water Act, 42 U.S.C. 300f et seq.; 

Clean Water Act, 33 U.S.C. 1251 et seq.; 

Clean Air Act, 42 U.S.C. 7401 et seq. 

Subpart A—General Program 

Requirements 

■ 18. Section 124.10 is amended by 

adding paragraph (c)(2)(iii) to read as 

follows: 

§ 124.10 Public notice of permit actions 

and public comment period. 

* * * * * 

(c) * * * 

(2) * * * 

(iii) For PSD permits: 

(A) In lieu of the requirement in 

paragraphs (c)(1)(ix)(B) and (C) of this 

section regarding soliciting persons for 

‘‘area lists’’ and notifying the public of 

the opportunity to be on a mailing list, 

the Director may use generally accepted 

methods (e.g., hyperlink sign-up 

function or radio button on an agency 

Web site, sign-up sheet at a public 

hearing, etc.) that enable interested 

parties to subscribe to a mailing list. The 

Director may update the mailing list 

from time to time by requesting written 

indication of continued interest from 

those listed. The Director may delete 

from the list the name of any person 

who fails to respond to such a request 

within a reasonable timeframe. 

(B) In lieu of the requirement in 

paragraph (c)(2)(i) of this section to 

publish a notice in a daily or weekly 

newspaper, the Director shall notify the 

public by posting the following 

information, for the duration of the 

public comment period, on a public 

Web site identified by the Director: A 

notice of availability of the draft permit 

for public comment (or the denial of the 

permit application), the draft permit, 

information on how to access the 

administrative record, and information 

on how to request and/or attend a 

public hearing on the draft permit. 

(C) In lieu of the requirement in 

paragraph (d)(1)(vi) of this section to 

specify a location of the administrative 

record for the draft permit, the Director 

may post the administrative record on 

an identified public Web site. 

* * * * * 

[FR Doc. 2016–24911 Filed 10–17–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0522; FRL–9954–21– 

Region 5] 

Air Plan Approval; Ohio; Removal of 

Gasoline Vapor Recovery 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, as a revision 

under the Clean Air Act (CAA) to the 

Ohio state implementation plan (SIP), 

submittals from the Ohio Environmental 

Protection Agency (Ohio EPA) dated 

July 15, 2015, and February 29, 2016. 

The revision addresses the state’s Stage 

II vapor recovery (Stage II) program for 

the Cleveland, Cincinnati, and Dayton 

ozone areas in Ohio. The revision 

removes Stage II requirements for the 

three areas as a component of the Ohio 

ozone SIP. The revision also includes a 

demonstration that addresses emission 


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71632 Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

impacts associated with the removal of 

the Stage II program. EPA proposed to 

approve the state’s submittal on June 30, 

2016, and received no comments. 

DATES: This final rule is effective on 

November 17, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2015–0522. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 through 

http://www.regulations.gov, or please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section 

for additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Francisco J. Acevedo, Mobile Source 

Program Manager, Control Strategies 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6061, 

acevedo.francisco@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. What is being addressed by this 

document? 

On June 30, 2016, at 81 FR 42597, 

EPA proposed to approve amendments 

to OAC 3745–21–09 (DDD) that remove 

Stage II requirements from the Ohio 

ozone SIP and allow gasoline 

dispensing facilities currently 

implementing Stage II in the Cleveland, 

Cincinnati and Dayton areas to 

decommission their systems by 2017. 

The revision included amended copies 

of OAC 3745–21–09 (DDD), as adopted 

on April 29, 2013, and January 17, 2014; 

a summary of Ohio-specific 

calculations, based on EPA guidance, 

used to calculate program benefits and 

demonstrate widespread use of onboard 

refueling vapor recovery (ORVR) in 

Ohio; and a CAA section 110(l) 

demonstration that includes 

documentation that analyzes the period, 

2013–2017, when Stage II requirements 

were waived in Ohio but widespread 

use of ORVR has not yet occurred. 

II. What comments did we receive on 

the proposed SIP revision? 

EPA provided a 30-day review and 

comment period on the proposed action. 

The comment period closed on August 

1, 2016. EPA received no comments. 

III. What action is EPA taking? 

EPA is approving revisions to the 

Ohio ozone SIP submitted by the state 

dated July 15, 2015, and February 29, 

2016, for the state’s Stage II program in 

Ohio. EPA finds that the revisions will 

not interfere with any applicable 

requirement concerning attainment, 

reasonable further progress or any other 

applicable CAA requirement. 

IV. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Ohio Regulations 

described in the amendments to 40 CFR 

part 52 set forth below. Therefore, these 

materials have been approved by EPA 

for inclusion in the SIP, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region 5 Office 

(please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section of this preamble for more 

information). 

V. 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 


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Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations 71633 

circuit by December 19, 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 oxides, Ozone, Volatile organic 

compounds. 

Dated: October 5, 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 

(c) is amended under ‘‘Chapter 3745–21 

Carbon Monoxide, Ozone, Hydrocarbon 

Air Quality Standards, and Related 

Emission Requirements’’ by revising the 

entry for 3745–21–09 ‘‘Control of 

Emissions of Volatile Organic 

Compounds from Stationary Sources 

and Perchloroethylene from Dry 

Cleaning Facilities’’ to read as follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED OHIO REGULATIONS

Ohio citation Title/subject Ohio effective 

date EPA approval date Notes 

*******

Chapter 3745–21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements 

*******

3745–21–09 ... Control of Emissions of Volatile Organic Compounds 

from Stationary Sources and Perchloroethylene 

from Dry Cleaning Facilities.

1/17/2014 10/18/2016, [Insert Federal Register citation].except (U)(1)(h). 

* * * * * * * 

* * * * * 

[FR Doc. 2016–24912 Filed 10–17–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0558; FRL–9951–78] 

Metaldehyde; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances with regional registration for 

residues of metaldehyde in or on 

multiple commodities which are 

identified and discussed later in this 

document. Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

October 18, 2016. Objections and 

requests for hearings must be received 

on or before December 19, 2016, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2015–0558, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael Goodis, Acting Director, 

Registration Division (7505P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

main telephone number: (703) 305– 

7090; email address: RDFRNotices@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. 


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