Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Proposed Rules 10559 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, you may review a Privacy 

Act notice regarding the Federal Docket 

Management System in the March 24, 

2005, issue of the Federal Register (70 

FR 15086). 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary 33 CFR 

100.35T07–0134 to read as follows: 

§ 100.35T07–0134 Special Local 

Regulations; International Dinghy Regatta; 

San Juan Harbor, Puerto Rico. 

(a) Regulated Areas. The following 

regulated areas are established as 

Special Local Regulations. All 

coordinates are North American Datum 

1983. 

(1) Race Area. All waters of Rada 

Fajardo, Fajardo, Puerto Rico 

encompassed within an imaginary line 

connecting the following points: starting 

at Point 1 in position 18°21.433′ N, 

65°37.242′ W; thence southeast to Point 

2 in position 18°21.402′ N, 65°37.162′ 

W; thence northeast to Point 3 in 

position 18°22.937′ N, 65°36.358′ W; 

thence northwest to point 4 in position 

18°22.980′ N, 65°36.492′ W; thence 

northwest back to origin. All persons 

and vessels, except those persons and 

vessels participating in the high-speed 

boat race, are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the race area. 

(2) Buffer Zone. All waters of Rada 

Fajardo, Fajardo, Puerto Rico 

encompassed within an imaginary line 

connecting the following points: starting 

at Point 1 in position 18°21.425′ N, 

65°37.277′ W; thence southeast to Point 

2 in position 18°21.366′ N, 65°37.158′ 

W; thence northeast to Point 3 in 

position 18°22.951′ N, 65°36.314′ W; 

thence northwest to point 4 in position 

18°23.017′ N, 65°36.507′ W; thence 

southwest back to the origin. All 

persons and vessels except those 

persons and vessels enforcing the buffer 

zone are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the buffer zone. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port San Juan in the 

enforcement of the regulated areas. 

(c) Regulations. (1) Persons and 

vessels may request authorization to 

enter, transit through, anchor in, or 

remain within the regulated areas by 

contacting the Captain of the Port San 

Juan by telephone at (787) 289–2041, or 

a designated representative via VHF 

radio on channel 16. If authorization is 

granted by the Captain of the Port San 

Juan or a designated representative, all 

persons and vessels receiving such 

authorization must comply with the 

instructions of the Captain of the Port 

San Juan or a designated representative. 

(2) The Coast Guard will provide 

notice of the regulated areas by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement Date. This rule is 

enforced from 10 a.m. until 4 p.m. on 

April 4, 2016. 

Dated: February 24, 2016. 

R. W. Warren, 

Captain, U.S. Coast Guard, Captain of the 

Port San Juan. 

[FR Doc. 2016–04409 Filed 2–29–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2016–0014; FRL–9943–01- 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wyoming; Revisions to Wyoming Air 

Quality Standards and Regulations; 

Chapter 6, Permitting Requirements, 

Section 13, Nonattainment New Source 

Review Permit Requirements, and 

Section 14, Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Wyoming on November 6, 2015. This 

submittal revises the Wyoming Air 

Quality Standards and Regulations 

(WAQSR) that pertain to the issuance of 

Wyoming air quality permits for major 

sources in nonattainment areas. This 

action is being taken under section 110 

of the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before March 31, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2016–0014 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the Web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Leone, Air Program, U.S. 

Environmental Protection Agency 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
10560 Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Proposed Rules 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6227, 

leone.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

What should I consider as I prepare my 

comments for EPA? 

1. Submitting Confidential Business 

Information (CBI). Do not submit CBI to 

EPA through http://www.regulations.gov 

or email. Clearly mark the part or all of 

the information that you claim to be 

CBI. For CBI information on a disk or 

CD ROM that you mail to EPA, mark the 

outside of the disk or CD ROM as CBI 

and then identify electronically within 

the disk or CD ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register volume, date, and page 

number); 

• Follow directions and organize your 

comments; 

• Explain why you agree or disagree; 

• Suggest alternatives and substitute 

language for your requested changes; 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used; 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced; 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives; 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats; and, 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

In this proposed rulemaking, we are 

proposing to take action to approve the 

addition of Chapter 6, Section 13, 

Nonattainment permit requirements, 

and updated Section 14, Incorporation 

by reference, WAQSR to the Wyoming 

SIP. These provisions were submitted 

by the Wyoming Department of 

Environmental Quality (WDEQ) on 

November 6, 2015, to address certain 

CAA requirements related to ozone 

nonattainment areas. 

On March 27, 2008, EPA promulgated 

a revised National Ambient Air Quality 

Standard (NAAQS) for ozone with an 8- 

hour concentration limit of 0.075 parts 

per million (‘‘8-Hour Ozone NAAQS’’). 

Effective July 20, 2012, EPA designated 

the Upper Green River Basin (UGRB) 

area of Wyoming as ‘‘nonattainment’’ for 

the 8-Hour Ozone NAAQS. For 

nonattainment areas, states are required 

to submit SIP revisions, including a 

nonattainment NSR permitting program 

for the construction and operation of 

new or modified major stationary 

sources located in the nonattainment 

area. 

On May 10, 2011, before the formal 

designation of the UGRB area as 

nonattainment for the 8-Hour Ozone 

NAAQS, the WDEQ submitted a 

nonattainment new source review (NSR) 

permitting program SIP revision to EPA. 

This new section incorporated by 

reference 40 Code of Federal 

Regulations (CFR) section 51.165 in its 

entirety, with the exception of 

paragraphs (a) and (a)(1), into 

Wyoming’s Chapter 6 Permitting 

Requirements. On February 20, 2015 (80 

FR 9194), EPA took final action to 

disapprove the portion of Wyoming’s 

May 10, 2011 submittal that added this 

new section to the permitting 

requirements in WAQSR Chapter 6. As 

explained in 80 FR 9194, the method 

Wyoming used to create a 

nonattainment NSR program was not 

consistent with the CAA and EPA 

regulations. 

Our final disapproval started a twoyear clock under CAA section 110(c)(1) 

for our obligation to promulgate a 

federal implementation plan (FIP) to 

correct the deficiency and the 18-month 

clock for sanctions, as required by CAA 

section 179(a)(2). These deadlines will 

be removed when we approve a SIP 

revision addressing the deficiency in 

Wyoming’s nonattainment NSR 

permitting requirements. 

The SIP revisions submitted by the 

WDEQ on November 6, 2015, involve 

Chapter 6, Permitting Requirements, 

Section 13, Nonattainment new source 

review permit requirements, and 

Section 14, Incorporation by reference. 

Chapter 6, Section 13, Nonattainment 

new source review permit requirements, 

establishes specific nonattainment new 

source review permitting requirements. 

In this revision, the WDEQ has 

incorporated federal regulatory 

language—establishing permitting 

requirements for new and modified 

major stationary sources in a 

nonattainment area—from 40 CFR 

51.165 and reformatted it into statespecific language that effectively 

imposes requirements on sources in 

Wyoming. Additionally, the WDEQ has 

revised language within the rule to 

maintain consistency with the State’s 

Prevention of Significant Deterioration 

(PSD) regulations (WAQSR Chapter 6, 

Section 4). In addition to the revisions 

to Chapter 6, Section 13, the November 

6, 2015, submittal also updates Chapter 

6, Section 14, Incorporation by 

reference, to adopt by reference from the 

July 1, 2014, CFR. The State previously 

submitted SIP revisions for Chapter 6, 

Section 14 on May 28, 2015 that 

requested adoption by reference of the 

CFR that came after July 1, 2013. This 

action requests an update to those 

revisions. 

III. What is the State process to submit 

these materials to EPA? 

Section 110(k) of the CAA addresses 

EPA’s actions on submissions of 

revisions to the SIP. The CAA requires 

states to observe certain procedural 

requirements in developing SIP 

revisions for submittal to EPA. Sections 

110(a)(2) and 110(l) of the CAA requires 

that each SIP revision be adopted after 

reasonable notice and public hearing. 

This must occur prior to the revision 

being submitted by the state to EPA. 

For the November 6, 2015, submittal, 

the Wyoming Environmental Quality 

Council (WEQC) conducted a public 

hearing on September 9, 2015 to hear 

proposed revisions to the WAQSR from 

the WDEQ, including the addition of 

Chapter 6, Section 13, Nonattainment 

new source review permitting 

requirements, and Section 14, 

Incorporation by reference. A notice for 

submitting written comments on the 

WDEQ proposed revisions was 

published on July 14, 2015 and the 

public comment period ended on 

August 31, 2015. After reviewing 

comments received, the WEQC 

approved the proposed revisions on 

September 9, 2015. The State has met 

the procedural requirements for 

submittal of this SIP revision. 

IV. What are the changes that EPA is 

proposing to approve? 

EPA is proposing to approve the 

portion of Wyoming’s November 6, 2015 

submittal that adds a new section to the 

permitting requirements in WAQSR 

Chapter 6. As mentioned in Section I of 

this rulemaking, Wyoming’s new 

Chapter 6, Section 13, incorporated 

federal regulatory language— 

establishing permitting requirements for 

new and modified major stationary 

sources in a nonattainment area—from 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Proposed Rules 10561 

40 CFR 51.165 and reformatted it into 

state-specific language that effectively 

imposes requirements on sources in 

Wyoming. The submittal also updated 

Chapter 6, Section 14, Incorporation by 

reference. 

Section 51.165 in title 40 of the CFR 

(Permit Requirements) sets out the 

minimum plan requirements states are 

to use in developing nonattainment NSR 

permitting programs. Generally, 40 CFR 

51.165 consists of a set of definitions for 

use in state programs, minimum plan 

requirements for procedures for 

determining applicability of 

nonattainment new source review and 

for the use of offsets, and minimum plan 

requirements regarding other source 

obligations, such as recordkeeping. 

Specifically, subparagraphs 

51.165(a)(1)(i) through (xlvi) enumerate 

a set of definitions which states must 

either use or replace with definitions 

that a state demonstrates are more 

stringent or at least as stringent in all 

respects. Subparagraph 51.165(a)(2) sets 

minimum plan requirements for 

procedures to determine the 

applicability of the nonattainment new 

source review program to new and 

modified sources. Subparagraph 

51.165(a)(3), (a)(9) and (a)(11) set 

minimum plan requirements for the use 

of offsets by sources subject to 

nonattainment new source review 

requirements. Subparagraphs (a)(8) and 

(a)(10) regard precursors, and 

subparagraphs (a)(6) and (a)(7) regard 

recordkeeping obligations. 

Subparagraph 51.165(a)(4) allows 

nonattainment new source review 

programs to treat fugitive emissions in 

certain ways. Subparagraph 51.165(b) 

sets minimum plan requirements for 

new major stationary sources and major 

modifications in attainment and 

unclassifiable areas that would cause or 

contribute to violations of the NAAQS. 

Finally, subparagraph 51.165(f) sets 

minimum plan requirements for the use 

of plant-wide applicability limitations. 

Please refer to the docket to view a 

cross-walk table which outlines how 

Wyoming’s Chapter 6, Section 13 rules 

correlate with the requirements of 40 

CFR 51.165. 

As explained in detail in our prior 

disapproval, the May 10, 2011 

submittal, by directly incorporating by 

reference in its entirety 40 CFR 51.165, 

incorporated language such as ‘‘the plan 

shall provide’’ and ‘‘the plan may 

provide.’’ As a result, the May 10, 2011 

submittal did not clearly and 

unambiguously create obligations for 

the sources that should be subject to 

nonattainment NSR requirements. In 

addition, the May 10, 2011 submittal 

incorporated language from 40 CFR 

51.165 such as ‘‘the plan shall include 

enforceable procedures’’; incorporating 

this language left the procedures 

unspecified. Finally, the May 10, 2011 

submittal created some inconsistencies 

with Wyoming’s existing approved 

minor NSR and PSD programs. First, 

some exemptions for specific source 

categories that have been approved for 

the minor NSR program became 

applicable to nonattainment NSR, 

which is not allowed. Second, the 

requirement for best available control 

technology (BACT) in the minor NSR 

program became applicable to the 

nonattainment NSR program instead of 

the appropriate requirement for lowest 

achievable emission rate (LAER). Third, 

the submittal did not clearly specify 

whether the existing construction ban in 

the Sheridan course particulate matter 

(PM10) nonattainment area, adopted by 

Wyoming to meet nonattainment NSR 

requirements for that area, continued to 

apply. 

Instead of incorporating 40 CFR 

51.165 by reference, the November 6, 

2015 submittal adapts the language in 

40 CFR 51.165 to remove phrases such 

as ‘‘the plan shall provide’’ and ‘‘the 

plan may provide,’’ and specifies the 

procedures to be used. In addition, the 

submittal revises language in 40 CFR 

51.165 to specify that the WDEQ is the 

reviewing authority. In one place, the 

submittal modifies the term ‘‘building, 

structure, facility, or installation’’ to 

‘‘structure, building, facility, equipment, 

installation, or operation,’’ without 

modifying the substance of the 

definition of the term, which is 

permissible. These changes are 

consistent with the CAA and EPA 

regulations. Specifically: 

1. CAA section 110(a)(2)(C), requires 

each state plan to include ‘‘a program to 

provide for . . . the regulation of the 

modification and construction of any 

stationary source within the areas 

covered by the plan as necessary to 

assure that the [NAAQS] are achieved, 

including a permit program as required 

in parts C and D of this subchapter.’’ 

2. CAA section 172(c)(5), provides 

that the plan ‘‘shall require permits for 

the construction and operation of new 

or modified major stationary sources 

anywhere in the nonattainment area, in 

accordance with section [173].’’ By 

removing language such as ‘‘the plan 

shall provide,’’ the submittal avoids any 

ambiguity as to whether permits are 

required. 

3. CAA section 173, lays out the 

requirements for obtaining a permit that 

must be included in a state’s SIPapproved permit program. Wyoming’s 

Chapter 6, Section 13 rules impose these 

requirements on sources, and the State’s 

proposed plan clearly satisfies the 

requirements of these statutory 

provisions. 

4. CAA section 110(a)(2)(A), requires 

that SIPs contain enforceable emissions 

limitations and other control measures. 

Under section CAA section 110(a)(2), 

the enforceability requirement in 

section 110(a)(2)(A) applies to all plans 

submitted by a state. Chapter 6, Section 

13 creates enforceable obligations for 

sources by removing phrases such as 

‘‘the plan shall provide’’ and ‘‘the plan 

may provide.’’ 

5. CAA section 110(i), (with certain 

limited exceptions) prohibits states from 

modifying SIP requirements for 

stationary sources except through the 

SIP revision process. By eliminating 

unspecified procedures that were 

referenced in the May 10, 2011 

submittal, the November 6, 2015 

submittal addresses this issue. 

6. CAA section 172(c)(7), requires that 

nonattainment plans, including 

nonattainment NSR programs required 

by section 172(c)(5), meet the applicable 

provisions of section 110(a)(2), 

including the requirement in section 

110(a)(2)(A) for enforceable emission 

limitations and other control measures. 

7. CAA section 110(l), provides that 

EPA cannot approve a SIP revision that 

interferes with any applicable 

requirement of the Act. As described 

above, the addition of Chapter 6, 

Section 13 to the Wyoming SIP would 

not interfere with sections 110(a)(2) and 

110(i) of the Act. 

8. Wyoming’s SIP revision complies 

with the requirements of 40 CFR 51.165 

as the plan imposes the regulatory 

requirements on individual sources, as 

required by the regulatory provisions. 

The crosswalk table in the docket 

details how the submittal addresses 

specific requirements in 40 CFR 51.165. 

Wyoming’s submittal also addresses 

the potential conflicts with the State’s 

approved minor NSR and PSD programs 

that existed in the May 5, 2011 

submittal. First, Section 13(c)(i) 

provides that the exemptions in the 

minor NSR program (Section 2(k)) shall 

not apply with regards to applicability 

of the nonattainment NSR program. 

Second, Section 13(d)(iv) states that 

LAER, not BACT, applies to sources 

subject to nonattainment NSR. Finally, 

Section 13(f)(iii) clarifies that Section 13 

does not apply in the Sheridan PM10

nonattainment area; instead the 

construction ban in Section 2(c)(ii)(B) 

continues to apply. 

We note that the submittal contains 

provisions relevant to nonattainment 

NSR programs for PM2.5 nonattainment 

areas. Specifically, in the definition of 


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10562 Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Proposed Rules 

1The submittal does properly regulate VOCs as 

an ozone precursor, as intended by the State to 

address nonattainment NSR requirements for the 

UGRB ozone nonattainment area. 

‘‘regulated NSR pollutant,’’ the 

submittal provides that sulfur dioxide 

(SO2) is a PM2.5 precursor, nitrogen 

oxide (NOX) is presumed to be a PM2.5

precursor, and volatile organic 

compounds (VOCs) and ammonia are 

presumed to not be PM2.5 precursors. 

This provision is consistent with the 

nonattainment NSR regulations 

promulgated in EPA’s May 16, 2008 

PM2.5 NSR Implementation Rule (73 FR 

28321). However, on January 4, 2013, 

the U.S. Court of Appeals for the District 

of Columbia Circuit, in Natural 

Resources Defense Council v. EPA, 706 

F.3d 428 (D.C. Cir. 2013), issued a 

decision that remanded the EPA’s 2008 

PM2.5 NSR Implementation Rule. The 

court found that EPA erred in 

implementing the PM2.5 NAAQS in 

these rules solely pursuant to the 

general implementation provisions of 

subpart 1 of part D of title I of the CAA, 

rather than pursuant to the additional 

implementation provisions specific to 

particulate matter nonattainment areas 

in subpart 4. In particular, subpart 4 

includes section 189(e) of the CAA, 

which requires the control of major 

stationary sources of PM10 precursors 

(and hence under the court decision, 

PM2.5 precursors) ‘‘except where the 

Administrator determines that such 

sources do not contribute significantly 

to PM10 levels which exceed the 

standard in the area.’’ Accordingly, 

nonattainment NSR programs that are 

submitted for PM2.5 nonattainment areas 

must regulate all PM2.5 precursors, i.e., 

SO2, NOX, VOC, and ammonia, unless 

the Administrator determines that such 

sources of a particular precursor do not 

contribute significantly to 

nonattainment in the nonattainment 

area. 

Although the State’s submittal only 

requires regulation of SO2 and NOX as 

PM2.5 precursors, the State of Wyoming 

has no nonattainment areas for the PM2.5

standards. Accordingly, the EPA finds it 

reasonable to conclude that major 

sources of VOCs and ammonia do not 

contribute significantly to PM2.5

nonattainment within the State. Thus, 

there is no need at this time for the State 

to regulate VOCs or ammonia as PM2.5

precursors in its nonattainment NSR 

permitting program,1 and so we are 

proposing to approve the submittal’s 

PM2.5 precursor provisions. Should EPA 

in the future designate an area in 

Wyoming as nonattainment for PM2.5, 

the State would have the obligation to 

ensure that the nonattainment NSR 

program met all applicable requirements 

for PM2.5, including appropriate control 

of precursors. See CAA sections 

172(c)(5) and 189(a)(1)(A). 

V. What action is EPA proposing today? 

For the reasons described in section 

IV, the EPA is proposing to approve 

Wyoming’s November 6, 2015 submittal 

which adds Chapter 6, Section 13 and 

updates Chapter 6, Section 14. Our 

action is based on an evaluation of 

Wyoming’s rules against the 

requirements of CAA sections 

110(a)(2)(A), 110(a)(2)(C), 110(l) 

172(c)(5), 173, 110(i), 172(c)(7), 

regulations at 40 CFR 51.165, and other 

requirements. 

VI. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the WAQSR that pertain to the issuance 

of Wyoming air quality permits for 

major sources in nonattainment areas as 

described in section IV of this preamble. 

The EPA has made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this rule’s 

preamble for more information). 

VII. Statutory and Executive Orders 

Review 

Under the CAA, 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 CAA. Accordingly, this proposed 

action merely approves some state law 

as meeting federal requirements and 

disapproves other state law because it 

does not meet federal requirements; this 

proposed action does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

Oct. 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, Aug. 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, Feb. 16, 1994). 

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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds, Incorporation by 

reference. 

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

Dated: February 11, 2016. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2016–04403 Filed 2–29–16; 8:45 am] 

BILLING CODE 6560–50–P 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS