25608 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 

[FR Doc. 2016–10166 Filed 4–28–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0028; FRL–9945–78– 

Region 9] 

Approval of Air Plan Revisions; 

Arizona; Rescissions and Corrections 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Arizona State 

Implementation Plan (SIP) under the 

Clean Air Act. These revisions include 

rescissions of outdated test methods and 

performance test specifications. The 

intended effect is to rescind 

unnecessary provisions from the 

applicable SIP. 

DATES: This final rule is effective on 

May 31, 2016. 

ADDRESSES: The EPA has established 

docket number EPA–R09–OAR–2016– 

0028 for this action. The index to the 

docket is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., Confidential 

Business Information). 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: 

Andrew Steckel, EPA Region IX, (415) 

947–4115, steckel.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background for Final Rule 

II. Summary of Proposed Rule 

III. Public Comments and EPA Responses 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background for Final Rule 

On February 11, 2016 (81 FR 7259), 

we proposed to approve revisions to the 

Arizona SIP under the Clean Air Act 

(CAA or ‘‘Act’’) and provided a 30-day 

comment period. The revisions include 

rescissions of certain statutory 

provisions, administrative and 

prohibitory rules, and test methods. The 

EPA also proposed to correct certain 

errors in previous actions on prior 

revisions to the Arizona SIP and to 

make certain other corrections. 

On that same date, we issued a direct 

final rule (81 FR 7209) taking final 

action effective April 11, 2016 but 

indicated that, if we received adverse 

comments by the end of the comment 

period, we would publish a withdrawal 

of the direct final rule in the Federal 

Register prior to the effective date 

informing the public that the direct final 

rule will not take effect. The February 

11, 2016 proposed rule indicated that if 

the EPA received adverse comment on 

an amendment, paragraph, or section of 

the direct final rule and if that provision 

may be severed from the remainder of 

the rule, the EPA may adopt as final 

those provisions of the rule that are not 

the subject of an adverse comment. 

We received a timely adverse 

comment on a specific test method for 

which we had approved rescission and 

found that our action on the test method 

(and other test methods and 

performance test specifications from the 

same approved SIP revision submittal) 

could be severed from the rest of the 

rule. Thus, we published a partial 

withdrawal of the direct final rule in the 

Federal Register at 81 FR 19495 (April 

5, 2016), affecting only the action as it 

relates to the test method for which the 

comment was received (and the other 

test methods and performance test 

specifications that were submitted and 

approved on the same dates as the test 

method in question). In today’s action, 

we provide our response to the public 

comment and take final action to 

approve the rescissions of the outdated 

test methods and performance test 

specifications based on the proposal 

published on February 11, 2016. 

II. Summary of Proposed Rule 

In our February 11, 2016 proposed 

rule (81 FR 7259), we directed 

commenters to the direct final rule for 

a detailed rationale for the proposed 

approval of the SIP revisions and for the 

proposed corrections. As such, the 

following paragraphs summarize the 

background information and evaluation 

included in the direct final rule also 

published on February 11, 2016 (81 FR 

7209) as it relates to the test methods 

and performance test specifications that 

are the subject of this final rule. 

On March 10, 2015 and January 13, 

2016, the Arizona Department of 

Environmental Quality (ADEQ) 

submitted rescissions of certain 

statutory and regulatory provisions from 

the applicable Arizona SIP. Under CAA 

section 110(k)(3), the EPA is obligated to 

approve, disapprove, or conditionally 

approve SIPs and SIP revisions, 

including rescissions. As noted above, 

the rescissions relate to certain statutory 

provisions, administrative and 

prohibitory rules, and test methods. In 

our February 11, 2016 direct final rule 

(81 FR 7209), we approved all of the 

rescissions included in the two SIP 

revisions except for certain test methods 

and performance test specifications, for 

which we withdrew direct final action. 

In our direct final rule, we also 

corrected certain errors in previous 

actions on prior revisions to the Arizona 

SIP and to make certain other 

corrections, but because no adverse 

comments were received on the 

corrections, we did not withdraw any 

part of the error corrections portion of 

the direct final rule. 

Table 1 lists the test methods and 

performance test specifications the 

rescission of which we withdrew direct 

final action, the dates on which the EPA 

approved the provisions as part of the 

SIP, and the dates on which ADEQ 

submitted the rescissions to the EPA. 

TABLE 1—ARIZONA SIP REGULATORY PROVISIONS THAT ADEQ HAS RESCINDED

Regulatory provision Title EPA approval Rescission 

submittal date 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.01.

Method 1 Sample and Velocity Traverses 

for Stationary Sources.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.02.

Method 2 Determination of Stack Gas 

Velocity and Volumetric Flow Rate 

(Type S Pitot Tube).

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

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Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 25609 

TABLE 1—ARIZONA SIP REGULATORY PROVISIONS THAT ADEQ HAS RESCINDED—Continued 

Regulatory provision Title EPA approval Rescission 

submittal date 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.02.

Method 2A Direct Measurement of Gas 

Volume Through Pipes and Small 

Ducts.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.02.

Method 2B Determination of Exhaust Gas 

Volume Flow Rate from Gasoline 

Vapor Incinerators.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.03.

Method 3 Gas Analysis for Carbon Dioxide, Excess Air, Dry Molecular Weight.47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.03.

Method 3A Determination of Oxygen and 

Carbon Dioxide Concentrations in 

Emissions from Stationary Sources (Instrumental Analyzer Procedure).

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.04.

Method 4 Determination of Moisture in 

Stack Gases.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.05.

Method 5 Determination of Particulate 

Emissions from Stationary Sources.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.06.

Method 6 Determination of Sulfur Dioxide 

Emissions from Stationary Sources.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.07.

Method 7 Determination of Nitrogen 

Oxide Emissions from Stationary 

Sources.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.08.

Method 8 Determination of Sulfuric Acid 

Mist and Sulfur Dioxide Emissions from 

Stationary Sources.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.09.

Method 9 Visual Determination of the 

Opacity of Emissions from Stationary 

Sources.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.10.

Method 10 Determination of Carbon Monoxide Emissions from Stationary 

Sources.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.13.

Method 13B Determination of Total Fluoride Emissions from Stationary 

Sources—Specific Ion Electrode Method.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.13.

Method 13 Determination of Total Fluoride Emissions from Stationary 

Sources—SOADNS Zirconium Lake 

Method.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.14.

Method 14 Determination of Total Fluoride Emissions from Potroom Roof 

Monitors for Primary Aluminum Plants.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.15.

Method 15 Determination of Hydrogen 

Sulfide, Carbonyl Sulfide, and Carbon 

Disulfide Emissions from Stationary 

Sources.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.17.

Method 17 Determination of Particulate 

Emissions from Stationary Sources (InStack Filtration Method).

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 4.01.

Performance Specification 1: Performance specifications and specification 

test procedures for transmissometer 

systems for continuous measurement 

of the opacity of stack emissions.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 4.02.

Performance Specification 2: Performance specifications and specification 

test procedures for monitors of SO2

and NOX from stationary sources.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 4.03.

Performance Specification 3: Performance specifications and specification 

test procedures for monitors of CO2

and O2 from stationary sources.

47 FR 17483 (April 23, 1982) ..... January 13, 2016. 

As explained in our February 11, 2016 

direct final rule, in April 1982, the EPA 

approved sections 3 and 4 of the 

Arizona Testing Manual for Air 

Pollutant Emissions (‘‘Arizona Testing 

Manual’’) as a revision to the Arizona 

SIP. Section 3 of the Arizona Testing 

Manual includes certain test methods 

from 40 CFR part 60, appendix A, and 

section 4 of the Arizona Testing Manual 

includes certain performance test 

specifications from 40 CFR part 60, 

appendix B. Both the test methods and 

performance test methods approved into 

the Arizona SIP date from the 1970s. 

Over the years, the EPA’s test 

methods and performance test 

specifications in 40 CFR part 60 have 

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25610 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 

1R18–2–311 provides that applicable procedures 

and testing methods contained in, among other 

references, 40 CFR part 60, appendices A through 

F, shall be used to determine compliance with state 

requirements for stationary sources. Appendix 2 for 

AAC, title 18, chapter 2 incorporates by reference 

40 CFR part 60 appendices revised as of July 1, 

2006. 

2We note, however, that under SIP-approved 

AAC R18–2–312 (‘‘Performance tests’’), data 

collected using other methods, such as Alternative 

Method 082 or ASTM D7520, may be used as 

evidence of compliance with applicable good 

maintenance and operating requirements. 

been revised, and thus, the versions of 

the test methods and performance test 

specifications approved as part of the 

Arizona SIP are outdated. Also, in 

recent years, the EPA has approved two 

state rules that in effect incorporate 

more recent versions of the EPA’s test 

methods and performance test 

specifications into the Arizona SIP. See 

Arizona Administrative Code (AAC) 

R18–2–311 (‘‘Test Methods and 

Procedures’’) and appendix 2 (‘‘Test 

Methods and Protocols’’) for AAC, title 

18, chapter 2.1 See 80 FR 67319 

(November 2, 2015) and 79 FR 56655 

(September 23, 2014). As such, the 

outdated test methods and performance 

test specifications approved as part of 

the Arizona Testing Manual need not be 

retained in the Arizona SIP. Thus, we 

found ADEQ’s rescission of the outdated 

test methods and performance test 

specifications to be acceptable, and, 

under section 110(k), we proposed to 

approve the state’s rescission of them 

from the Arizona SIP. 

For further information about the SIP 

revisions and our corresponding 

evaluation, please see our direct final 

rule (81 FR 7209, February 11, 2016). 

III. Public Comments and EPA 

Responses 

Our February 11, 2016 proposed rule 

provided for a 30-day comment period. 

During that period, we received a 

comment from a member of the public. 

Staff at EPA Region 9 contacted the 

commenter to clarify this comment on 

March 22, 2016. Our response to this 

comment is provided below. 

Comment: All legacy permits and 

emission sources administered under 

this [SIP] should allow the use of EPA 

Method 9 and/or EPA Broadly 

Applicable Alternative Method 082 for 

the measurement of opacity and 

evaluation of visible emissions. All new 

sources regulated under this plan 

should require the use of EPA 

Alternative Method 082 for the 

measurement of opacity and the 

evaluation of visible emission sources. 

People complain about what they can 

see and smell and the use of digitalcamera-based visible emission 

evaluation is the best means to ensure 

public participation and support. The 

EPA declared ASTM D7520’s Digital 

Camera Opacity Technique (DCOT) the 

Best Available Measurement 

Technology for visible emissions in the 

Ferroalloy Production NESHAP rule and 

this example should be followed in all 

State Implementation Plans. 

EPA Response: Under the existing 

SIP, EPA Method 9 is already allowed 

to be used. In fact, under the existing 

SIP, two versions of EPA Method 9 are 

approved for use: The version of EPA 

Method 9 approved at 47 FR 17483 

(April 23, 1982) and the updated 

version of EPA Method 9 approved 

through approval of AAC R18–2–311 

and appendix 2 for AAC, title 18, 

chapter 2, which incorporates by 

reference 40 CFR part 60 appendices 

(including EPA Method 9) revised as of 

July 1, 2006. Our approval of the state’s 

rescission of the 1982 approved version 

of EPA Method 9 simply deletes that 

version from the SIP. The more current 

version of Method 9 continues to apply 

under the SIP. 

As far as alternative methods are 

concerned, AAC R18–2–311, which as 

noted above has been approved as part 

of the Arizona SIP, does provide for 

alternatives to EPA Method 9, but the 

alternative method so provided for does 

not include Broadly Applicable 

Alternative Method 082. More 

specifically, AAC R18–2–311(B) 

provides that a permit may specify a 

method, other than EPA Method 9, for 

determining the opacity of visible 

emissions from a particular emission 

unit, if the method has been 

promulgated by the EPA in 40 CFR part 

60, appendix A. The EPA has approved 

and promulgated in 40 CFR part 60, 

appendix A only one alternative to 

Method 9: ‘‘Alternative Method 1— 

Determination of the Opacity of 

Emissions from Stationary Sources 

Remotely by LIDAR.’’ Thus, Alternative 

Method 082 is not specifically provided 

for under the Arizona SIP at the present 

time.2 The rescission of an outdated 

version of EPA Method 9 has no effect 

on the status of Alternative Method 082 

in the Arizona SIP. 

We do recognize that the EPA has 

approved Alternative Method 082 as an 

alternative to EPA Method 9 with 

certain limitations and for certain 

purposes. Alternative Method 082 

specifies, with certain limitations, the 

use of American Society for Testing and 

Materials (ASTM) D7520–09 ‘‘Standard 

Test Method for Determining the 

Opacity of a Plume in the Outdoor 

Ambient Atmosphere’’ as an alternative 

to EPA Method 9 for sources subject to 

40 CFR 60, 61, and 63. See 77 FR 8865 

(February 15, 2012). We also note that 

the National Emissions Standards for 

Hazardous Air Pollutants (NESHAPS) 

for the Ferroalloys Production source 

category was recently amended 

following the EPA’s request for 

comments on the use of new 

technologies to provide continuous or 

near continuous long term approaches 

to monitoring emissions from industrial 

sources for the Ferroalloy Production 

source category. After consideration of 

comments received and after evaluating 

the technologies, the EPA amended the 

Ferroalloys Production NESHAPS to, 

among other things, replace the weekly 

Method 9 opacity requirement with a 

weekly requirement to measure opacity 

using ASTM D7520–13 (i.e., an updated 

version of ASTM D7520–9) and the 

digital camera opacity technique 

(DCOT) to demonstrate compliance with 

the process fugitives standards. See 80 

FR 37366 (June 30, 2015). 

However, use of Alternative Method 

082’s or ASTM D7520’s digital camera 

technology by states to determine 

opacity of visible emissions is not a 

requirement for SIPs. The State of 

Arizona could consider a revision to its 

rules to allow the use of Alternative 

Method 082 (for appropriate 

applications and with appropriate 

limitations) or the most current version 

of ASTM D7520 if it chooses to do so, 

as long as the use of the DCOT in lieu 

of EPA Method 9 is consistent with 

EPA’s approval of ASTM D7520–09 in 

Alternative Method 082. We generally 

support its inclusion in State programs 

where appropriate. The EPA would take 

action to approve or disapprove such a 

revision under CAA section 110(k) if the 

state were to adopt such a revision and 

submit it to the EPA as a SIP revision. 

IV. Final Action 

Pursuant to CAA section 110(k)(3), 

the EPA is approving the state’s 

rescission of the outdated test methods 

and performance test specifications 

listed in Table 1 from the Arizona SIP 

because we believe they are no longer 

necessary to retain. 

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 

rescinds outdated test methods and 

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Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 25611 

performance test specifications as 

unnecessary to retain in the applicable 

SIP 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 the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it 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. 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 28, 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: April 15, 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 D—Arizona 

■ 2. Section 52.120 is amended by 

adding paragraph (c)(29)(i)(B) to read as 

follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(29) * * * 

(i) * * * 

(B) Previously approved on April 23, 

1982, in paragraph (c)(29)(i)(A) of this 

section and now deleted without 

replacement: Arizona Testing Manual 

for Air Pollutant Emissions, Sections 3.0 

and 4.0. 

* * * * * 

[FR Doc. 2016–10008 Filed 4–28–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2015–0755; FRL–9945–71– 

Region 2] 

Approval and Promulgation of State 

Plans for Designated Facilities; 

Commonwealth of Puerto Rico; 

Control of Emissions From Existing 

Sewage Sludge Incineration Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State 

plan submitted by the Commonwealth 

of Puerto Rico to implement and enforce 

the Emission Guidelines (EG) for 

existing sewage sludge incineration 

(SSI) units. Puerto Rico’s plan is 

consistent with the EG promulgated by 

the EPA on March 21, 2011. Puerto 

Rico’s plan establishes emission limits 

and other requirements for the purpose 

of reducing toxic air emissions and 

other air pollutants from existing SSI 

units throughout the Commonwealth. At 

the request of Puerto Rico, the EPA is 

not taking action on a provision of its 

SSI plan allowing for affirmative 

defenses of Clean Air Act violations in 

the case of malfunctions. Puerto Rico 

submitted its plan to fulfill the 

requirements of sections 111(d) and 129 

of the Clean Air Act. 

DATES: This rule is effective on May 31, 

2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R02– 

OAR–2015–0755), to 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 

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