1882 Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations 

• 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, 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 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 March 14, 2016. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposed 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, 

Lead (Pb), Reporting and recordkeeping 

requirements. 

Dated: January 5, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

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 SS—Texas 

■ 2. In § 52.2270, the second table in 

paragraph (e) titled ‘‘EPA Approved 

Nonregulatory Provisions and QuasiRegulatory Measures in the Texas SIP’’ 

is amended by adding the entry 

‘‘Infrastructure and Interstate Transport 

for the 2008 Pb NAAQS’’ at the end of 

the table to read as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or 

nonattainment area 

State submittal/effective 

date EPA approval date Comments 

*******

Infrastructure and Interstate 

Transport for the 2008 Pb 

NAAQS.

Statewide ........................... 9/8/2011, 10/13/2011 1/14/2016 [Insert Federal 

Register citation].

[FR Doc. 2016–00574 Filed 1–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0673; FRL–9941–13– 

Region 9] 

Partial Approval and Disapproval of 

Nevada Air Plan Revisions, Clark 

County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a partial 

approval and partial disapproval of 

revisions to the Clark County portion of 

the Nevada State Implementation Plan 

(SIP). The SIP revisions include 

rescission of four local rules that 

collectively apply to sources that emit 

volatile organic compounds (VOCs), 

oxides of sulfur (SOX), and particulate 

matter (PM). In this final action, the 

EPA is approving the rescission of two 

of the rules and disapproving the 

rescission of the other two rules. 

Approval of the rescission of the two 

local rules removes them from the 

Nevada SIP. The two rules for which the 

EPA is disapproving rescission remain 

in the Nevada SIP. 

DATES: This rule is effective on February 

16, 2016. 

ADDRESSES: The EPA has established 

docket number EPA–R09–OAR–2015– 

0673 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: 

Kevin Gong, EPA Region IX, (415) 972– 

3073, Gong.Kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

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Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations 1883 

1Unless otherwise specified, all references to 

CCAQR Sections in this document are to those 

sections in their entirety. 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On November 5, 2015 (80 FR 68486), 

under section 110(k)(3) of the Clean Air 

Act (CAA or ‘‘Act’’), the EPA proposed 

a partial approval and partial 

disapproval of the rescission of four 

local rules submitted by the Nevada 

Division of Environmental Protection 

(NDEP) on November 20, 2014 as a 

revision to the Clark County portion of 

the Nevada SIP. 

Table 1 lists the rule rescissions that 

the EPA is approving in today’s action, 

as currently ordered in the Nevada SIP.1

TABLE 1—APPROVED RULE RESCISSIONS

Rule Section of the Clark County Air 

Quality Regulations 

(CCAQR) 

Title Local effective date SIP approval date FR citation 

Section 29 .............................................. Sulfur Contents of Fuel Oil .................... December 29, 1978 August 27, 1981 .... 46 FR 43141 

Section 30, subsections 30.1–30.7 (excluding subsection 30.4).Incinerators ............................................ December 29, 1978 August 27, 1981 .... 46 FR 43141 

Section 30, subsection 30.4 .................. [exemptions for certain types of incinerators].September 3, 1981 June 18, 1982 ........ 47 FR 26386 

Section 30, subsection 30.8 .................. [related to maximum allowable emission 

rates].

September 3, 1981 June 18, 1982 ........ 47 FR 26386 

Table 2 lists the rule rescissions that 

the EPA is disapproving in today’s 

action, as currently ordered in the 

Nevada SIP. 

TABLE 2—DISAPPROVED RULE RESCISSIONS

Rule Section of the CCAQR Title Local effective date SIP approval date FR citation 

Section 52, subsections 52.1–52.10 (excluding subsections 52.4.2.3 and 

52.7.2).

Handling of Gasoline at Service Stations, Airports and Storage Tanks.December 28, 1978 April 14, 1981 ........ 46 FR 21758 

Section 52, subsections 52.4.2.3 and 

52.7.2.

[related to vapor recovery and sales information].September 3, 1981 June 18, 1982 ........ 47 FR 26386 

Section 60 (excluding subsections 

60.4.2–60.4.3).

Evaporation and Leakage ...................... June 28, 1979 ........ April 14, 1981 ........ 46 FR 21758 

Section 60, subsection 60.4.2 ............... [General prohibition on the use of cutback asphalt].September 3, 1981 March 20, 1984 ...... 49 FR 10259 

Section 60, subsection 60.4.3 ............... [Exceptions to subsection 60.4.2] .......... September 3, 1981 June 18, 1982 ........ 47 FR 26386 

We proposed approval of the 

rescission of CCAQR sections 29 and 30, 

as approved into the SIP, based on our 

conclusion that these rules were not 

specifically required under the CAA and 

that rescission would be consistent with 

section 110(l) of the CAA, i.e., the 

rescission of the two rules would not 

interfere with attainment or 

maintenance of any of the national 

ambient air quality standards (NAAQS). 

We proposed to disapprove the 

rescission of CCAQR sections 52 and 60, 

as approved into the SIP, because 

rescission would be inconsistent with 

section 110(l) of the CAA. More 

specifically, we concluded that 

rescission of sections 52 and 60 would 

allow for an increase in VOC emissions 

and thus would not be protective of the 

2008 ozone NAAQS. Our conclusion in 

this regard derives from the following 

findings: 

1. The rescission of Section 52 would 

allow an increase in VOC emissions 

from gasoline dispensing facilities that 

would not be controlled by other 

regulations. 

2. The rescission of Section 60 would 

allow an increase in VOC emissions 

from the allowance of cutback asphalt 

use during summer months that would 

not be controlled by other regulations. 

Our proposed action contains more 

information on the basis for this 

rulemaking and on our evaluation of the 

submittal. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received no comments. 

III. EPA Action 

Under section 110(k)(3) of the Act, the 

EPA is finalizing a partial approval and 

partial disapproval of the SIP revision 

submitted by NDEP on November 20, 

2014. More specifically, we are 

approving the rescission of CCAQR 

Sections 29 and 30 from the Nevada SIP 

and we are disapproving the rescission 

of CCAQR Sections 52 and 60. 

Rescission of CCAQR Sections 29 and 

30 means the removal of the rules from 

the Nevada SIP. Disapproval of the 

rescission of CCAQR Sections 52 and 60 

means that the rules remain in the 

Nevada SIP. 

This final partial disapproval does not 

trigger sanctions or a Federal 

Implementation Plan (FIP) clock. 

Sanctions will not be imposed under 

CAA section 179(b) because the SIP 

submittal that we are partially 

disapproving is not a required SIP 

submittal. The EPA will not promulgate 

a FIP in this instance under CAA 

section 110(c)(1) because the partial 

disapproval of the SIP revision retains 

existing SIP rules and does not reveal a 

deficiency in the SIP for the area that a 

FIP must correct. 

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1884 Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA because this action does not 

impose additional requirements beyond 

those imposed by state law. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities beyond those imposed by state 

law. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action does not 

impose additional requirements beyond 

those imposed by state law. 

Accordingly, no additional costs to 

state, local, or tribal governments, or to 

the private sector, will result from this 

action. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, because 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, and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not impose additional 

requirements beyond those imposed by 

state law. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

L. Petitions for Judicial Review 

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 March 14, 2016. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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 dioxide, Volatile 

organic compounds. 

Dated: December 24, 2015. 

Alexis Strauss, 

Acting 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 DD—Nevada 

§ 52.1470 [Amended] 

■ 2. In § 52.1470 in paragraph (c), Table 

3 is amended by removing the entries 

for ‘‘Section 29,’’ ‘‘Section 30: 

Subsections 30.1–30.7 (excluding 

subsection 30.4),’’ ‘‘Section 30 

(Incinerators): Subsection 30.4,’’ and 

‘‘Section 30 (Incinerators): Subsection 

30.8.’’ 

[FR Doc. 2016–00340 Filed 1–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0647; FRL–9941–21– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Arkansas; 

Crittenden County Base Year Emission 

Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Arkansas State Implementation Plan 

(SIP) submitted to meet the Clean Air 

Act (CAA) emissions inventory (EI) 

requirement for the Crittenden County 

ozone nonattainment area. EPA is 

approving the SIP revision because it 

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