43096 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations 

TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS

U.S. Code citation Environmental statute Statutory civil penalties, 

as enacted 

Statutory civil penalties 

for violations that 

occurred after 

November 2, 2015 and 

assessed on or after August 1, 2016 

42 U.S.C. 11045(b)(1)(A) ............................. EPCRA ......................................................... 25,000 53,907 

42 U.S.C. 11045(b)(2) .................................. EPCRA ......................................................... 25,000/75,000 53,907/161,721 

42 U.S.C. 11045(b)(3) .................................. EPCRA ......................................................... 25,000/75,000 53,907/161,721 

42 U.S.C. 11045(c)(1) .................................. EPCRA ......................................................... 25,000 53,907 

42 U.S.C. 11045(c)(2) .................................. EPCRA ......................................................... 10,000 21,563 

42 U.S.C. 11045(d)(1) .................................. EPCRA ......................................................... 25,000 53,907 

42 U.S.C. 14304(a)(1) .................................. MERCURY—CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACT (BATTERY ACT).10,000 15,025 

42 U.S.C. 14304(g) ....................................... BATTERY ACT ............................................. 10,000 15,025 

[FR Doc. 2016–15411 Filed 6–30–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2016–0059; 

FRL–9948–57–Region 2] 

Approval of Air Quality Implementation 

Plans; New Jersey, Carbon Monoxide 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the New Jersey 

Department of Environmental 

Protection. This revision establishes an 

updated ten-year carbon monoxide (CO) 

limited maintenance plan for the New 

Jersey portion of the New York-Northern 

New Jersey-Long Island (NYNNJLI) CO 

area which includes the following areas: 

Hudson, Essex, Bergen, and Union 

Counties, and the municipalities of 

Clifton, Passaic and Paterson in Passaic 

County. New Jersey qualifies for a 

limited maintenance plan, rather than a 

full maintenance plan, because 

monitoring concentrations of CO are 

less than 85% of the standard. In a 

limited maintenance plan, future-year 

projection inventories and 

transportation conformity budgets are 

not required. In addition, EPA is also 

approving the 2007 Attainment/Base 

Year CO emissions inventory and the 

shutdown of 5 CO maintenance 

monitors in New Jersey. 

The New Jersey portion of the 

NYNNJLI CO area was redesignated to 

attainment of the CO National Ambient 

Air Quality Standard (NAAQS) on 

August 23, 2002 and a maintenance 

plan was also approved at that time. By 

this action, EPA is approving a second 

limited maintenance plan for this area 

because it provides for continued 

attainment of the CO NAAQS for an 

additional ten years. The intended effect 

of this rulemaking is to approve a SIP 

revision that will insure continued 

maintenance of the CO NAAQS. 

DATES: This final rule is effective on 

August 1, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2016–0059. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Henry Feingersh, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, telephone number 

(212) 637–3382, or by email at 

feingersh.henry@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

supplementary Information section is 

arranged as follows: 

Table of Contents 

I. What Action is EPA Taking? 

II. What Comments did EPA Receive on its 

Proposal and What are EPA’s Responses? 

III. What is the Adequacy Status of the CO 

Limited Maintenance Plan for the New 

Jersey Portion of the New York-Northern 

New Jersey-Long Island Area? 

IV. What is EPA’s Final Action? 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is approving New Jersey’s SIP 

revision updating their existing ten-year 

carbon monoxide (CO) maintenance 

plan for the New Jersey portion of the 

New York-Northern New Jersey-Long 

Island (NYNNJLI) CO area, which 

includes the following areas: Hudson, 

Essex, Bergen, and Union Counties, and 

the municipalities of Clifton, Passaic 

and Paterson in Passaic County, with 

another ten-year plan. The reader is 

referred to the March 25, 2016 (81 FR 

16102) proposal for details on this 

rulemaking. 

II. What comments did EPA receive on 

its proposal and what are EPA’s 

responses? 

EPA did not receive any comments on 

our proposed approval of the updated 

CO limited maintenance plan. EPA is 

approving the New Jersey SIP revision 

request. 

III. What is the adequacy status of the 

CO limited maintenance plan for the 

New Jersey portion of the New YorkNorthern New Jersey-Long Island area? 

Section 118(e) of the transportation 

conformity rule (40 CFR part 93) states 

that a conformity determination cannot 

be made using submitted motor vehicle 

emission budgets (‘‘budgets’’) until EPA 

makes a positive determination that the 

submitted budgets are adequate. In 

accordance with our rule, the limited 

maintenance plan for the New Jersey 

portion of the New York-Northern New 

Jersey-Long Island (NYNNJLI) CO area 

was posted for adequacy review on July 

27, 2015 on EPA’s conformity Web site: 

http://www.epa.gov/otaq/

stateresources/transconf/adequacy.htm. 

As a general rule, however, limited 

maintenance plans, such as the 

maintenance plan for the NYNNJLI CO 

area, do not include budgets. Instead, 

for those areas that qualify under our 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations 43097 

limited maintenance plan policy for CO, 

we have concluded that the area will 

continue to maintain the CO NAAQS 

regardless of the quantity of emissions 

from the on-road transportation sector, 

and thus there is no need to cap 

emissions from the on-road 

transportation sector for the 

maintenance period. 

Therefore, EPA’s adequacy review of 

the limited maintenance plan for the 

NYNNJLI CO area primarily focuses on 

whether the area qualifies for the 

applicable limited maintenance plan 

policy for CO. From our review, EPA 

has concluded that the NYNNJLI CO 

area meets the criteria for a limited 

maintenance plan, and therefore we find 

the maintenance plan for the NYNNJLI 

CO area adequate for conformity 

purposes under our limited 

maintenance plan policy. 

IV. What is EPA’s final action? 

EPA is approving New Jersey’s SIP 

revision updating their existing ten-year 

CO maintenance plan for the New Jersey 

portion of the New York-Northern New 

Jersey-Long Island (NYNNJLI) CO area. 

EPA is also approving the 2007 CO base 

year emissions inventory and the 

shutdown of 5 CO maintenance 

monitors in New Jersey. 

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, 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 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 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 August 30, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: June 21, 2016. 

Judith A. Enck, 

Regional Administrator, Region 2. 

For the reasons set forth in the 

preamble, the Environmental Protection 

Agency amends part 52 of chapter I, title 

40 of the Code of Federal Regulations 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 52.1581 is amended by 

adding paragraph (f) to read as follows: 

§ 52.1581 Control strategy: Carbon 

monoxide. 

* * * * * 

(f) Approval—The June 11, 2015 and 

February 8, 2016 revisions to the carbon 

monoxide (CO) maintenance plan for 

the New Jersey portion of the New YorkNorthern New Jersey-Long Island, 

NYNNJLI, CO area. These revisions 

contain a second ten-year limited 

maintenance plan that demonstrates 

continued attainment of the National 

Ambient Air Quality Standard for CO 

through the year 2024, a 2007 CO base 

year emissions inventory, and the 

shutdown of five CO maintenance 

monitors. 

[FR Doc. 2016–15609 Filed 6–30–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2016–0118; FRL–9947–34] 

2-propenoic acid, 2-methyl-, 2- 

oxiranylmethyl ester, polymer With 

ethene, ethenyl acetate, 

ethenyltrimethoxysilane and sodium 

ethenesulfonate (1:1); Tolerance 

Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 


asabaliauskas on DSK3SPTVN1PROD with RULES