Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Rules and Regulations 32239 

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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: May 4, 2016. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of 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 EE—New Hampshire 

■ 2. Section 52.1534 is amended by 

adding paragraph (j) to read as follows: 

§ 52.1534 Control strategy: Ozone. 

* * * * * 

(j) Approval—EPA is approving the 

Clean Air Act section 110(a)(1) 

maintenance plan for the 1997 8-hour 

ozone National Ambient Air Quality 

Standard in the area of the New 

Hampshire required to have such a plan. 

This area includes portions of 

Hillsborough, Merrimack, Rockingham, 

and Strafford Counties, and all of 

Cheshire County. This maintenance 

plan was submitted to EPA on March 2, 

2012. 

[FR Doc. 2016–11963 Filed 5–20–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0783; FRL–9946–66– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Arkansas; New 

Mexico; Oklahoma; Disapproval of 

Greenhouse Gas Biomass Deferral, 

Step 2 and Minor Source Permitting 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is disapproving severable 

portions of the February 6, 2012 

Oklahoma State Implementation Plan 

(SIP) submittal that are inconsistent 

with federal laws based on recent 

decisions by the United States Courts 

and subsequent EPA rulemaking. This 

submittal established Minor New 

Source Review permitting requirements 

for greenhouse gas (GHG) emissions and 

includes Prevention of Significant 

Deterioration (PSD) permitting 

provisions for sources that are classified 

as major, and, thus, required to obtain 

a PSD permit, based solely on their 

potential GHG emissions. The PSD 

permitting provisions also require a PSD 

permit for modifications of otherwise 

major sources because they increased 

only GHG emissions above applicable 

levels. Additionally, we are 

disapproving severable portions of SIP 

submittals for the States of Arkansas, 

New Mexico, and Oklahoma addressing 

the EPA’s July 20, 2011 rule deferring 

PSD requirements for carbon dioxide 

(CO2) emissions from bioenergy and 

other biogenic sources (‘‘Biomass 

Deferral’’). We are disapproving the 

provisions adopting the Biomass 

Deferral because they are no longer 

consistent with federal laws and 

regulations. The EPA is finalizing this 

disapproval under section 110 and part 

C of the Clean Air Act (Act or CAA). 

DATES: This rule is effective on June 22, 

2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2015–0783. 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., 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. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at EPA Region 6, 1445 Ross 

Avenue, Suite 700, Dallas, Texas 75202– 

2733. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Wiley, (214) 665–2115, 

wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our January 11, 

2016 proposal. See 81 FR 1141. In that 

document we proposed to disapprove 

severable portions of the February 6, 

2012 Oklahoma SIP submittal 

establishing GHG permitting 

requirements for minor sources and for 

sources that are classified as major, and 

thus, required to obtain a PSD permit 

based solely on their potential GHG 

emissions (referred to as ‘‘Step 2’’ PSD 

sources in our proposed action) because 

we determined that these revisions to 

the Oklahoma SIP establish permitting 

requirements that are inconsistent with 

federal laws resulting from recent 

decisions by United States Courts. We 

also proposed to disapprove severable 

portions of the November 6, 2012 

Arkansas SIP submittal, the January 8, 

2013 New Mexico SIP, and the January 

18, 2013 Oklahoma SIP submittal that 

include the Biomass Deferral in the 

Arkansas, New Mexico, and Oklahoma 

PSD programs. Our analysis found that 

these revisions to the Arkansas, New 

Mexico, and Oklahoma SIPs should be 

disapproved because adoption or 

implementation of these provisions is 

no longer consistent with federal laws 

and regulations for PSD permitting. 

II. Response to Comments 

We received one comment on our 

proposed action. Our response to the 

submitted comment is provided below. 

Comment: One commenter stated that 

‘‘not requiring states to continue step 

two of the permitting for GHG as a major 

source thus requiring a PSD or Title V 

permit is the right decisions based on 

law.’’ Additionally, the commenter 

stated that ‘‘GHG emission issues would 

be better addressed in it’s [sic] own 

statute rather than having the supreme 

court [sic] dictate the regulatory 

framework of GHG emissions.’’ 

Response: We acknowledge the 

support of the commenter in finding 

that our proposed disapproval action is 

consistent with current law. GHG 


sradovich on DSK3TPTVN1PROD with RULES
32240 Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Rules and Regulations 

1See section 160 of the Act and the Act’s 

implementing regulations at 40 CFR 52.21. 

2See section 307 of the Act. 

emissions are regulated under the CAA 1

and the CAA includes provisions for 

citizens, states, and regulated entities to 

seek judicial review of EPA’s final 

regulatory decisions.2 Therefore our 

current action to disapprove the Step 2 

permitting requirements is consistent 

with current law and is consistent with 

the statutory requirements of the CAA. 

III. Final Action 

We are taking this final action under 

section 110 and part C of the Act; as 

such, we are not imposing sanctions as 

a result of this disapproval. This final 

disapproval does not require the EPA to 

promulgate a Federal Implementation 

Plan because we are finding that the 

submitted provisions are inconsistent 

with federal laws for the regulation and 

permitting of GHG emissions. 

We are disapproving the following 

severable portions of the February 6, 

2012 Oklahoma SIP submittal that 

establish GHG permitting requirements 

for minor sources and Step 2 PSD: 

• Substantive revisions to the 

Oklahoma SIP establishing Minor NSR 

GHG permitting requirements at OAC 

252:100–7–2.1 as submitted on February 

6, 2012; and 

• Substantive revisions to the 

Oklahoma PSD program in OAC 

252:100–8–31 establishing PSD 

permitting requirements for Step 2 

sources at paragraph (E) of the 

definition of ‘‘subject to regulation’’ as 

submitted on February 6, 2012. 

We are also disapproving as 

inconsistent with federal laws and 

regulations for PSD permitting, 

severable portions of the following SIP 

submittals that include the Biomass 

Deferral: 

• Substantive revisions to the 

Arkansas SIP definition of ‘‘CO2

Equivalent Emissions’’ at Regulation 19, 

Chapter 2 to implement the Biomass 

Deferral as submitted on November 6, 

2012; 

• Substantive revisions to the New 

Mexico SIP definition of ‘‘Subject to 

Regulation’’ at 20.2.74.7 (AZ)(2)(a) 

NMAC to implement the Biomass 

Deferral as submitted on January 8, 

2013; and 

• Substantive revisions to the 

Oklahoma SIP definitions of ‘‘carbon 

dioxide equivalent emissions’’ at OAC 

252:100–1–3 and ‘‘subject to regulation’’ 

at OAC 252:100–8–31 as submitted on 

January 18, 2013. 

As a result of the final disapproval 

actions listed above, the EPA is also 

updating the ‘‘Approval status’’ section 

of the Arkansas SIP at 40 CFR 52.172, 

New Mexico SIP at 40 CFR 52.1622, and 

Oklahoma SIP at 40 CFR 52.1922. 

Additionally, we are renumbering 40 

CFR 52.172 of the Arkansas SIP for 

consistency. 

IV. Statutory and Executive Order 

Reviews 

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, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. We have concluded that the 

state choices under review in this action 

do not meet the criteria of the CAA. 

Accordingly, this action disapproves 

state law as not meeting Federal 

requirements for the regulation and 

permitting of GHG emissions. 

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. There is no burden imposed under 

the PRA because this action disapproves 

submitted revisions that are no longer 

consistent with federal laws for the 

regulation and permitting of GHG 

emissions. 

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. This action disapproves 

submitted revisions that are no longer 

consistent with federal laws for the 

regulation and permitting of GHG 

emissions, and therefore will have no 

impact on small entities. 

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. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

This action disapproves submitted 

revisions that are no longer consistent 

with federal laws for the regulation and 

permitting of GHG emissions, and 

therefore will have no impact on small 

governments. 

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: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This action disapproves 

provisions of state law that are no longer 

consistent with federal laws for the 

regulation and permitting of GHG 

emissions; there are no requirements or 

responsibilities added or removed from 

Indian Tribal Governments. 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 disapproves state permitting 

provisions that are inconsistent with 

federal laws for the regulation and 

permitting of GHG emissions. 

H. Executive Order 13211: Actions 

Concerning Regulations 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) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 


sradovich on DSK3TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Rules and Regulations 32241 

human health or environmental effects 

on minority, low-income or indigenous 

populations. This action is not subject 

to Executive Order 12898 because it 

disapproves state permitting provisions 

that are inconsistent with federal laws 

for the regulation and permitting of 

GHG emissions. 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 22, 2016. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purpose 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, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: May 11, 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 E—Arkansas 

■ 2. Section 52.172 is revised to read as 

follows: 

§ 52.172 Approval status. 

With the exceptions set forth in this 

subpart, the Administrator approves 

Arkansas’s state implementation plan 

under section 110 of the Clean Air Act. 

Furthermore, the Administrator finds 

that the plan satisfies all applicable 

requirements of Parts C and D, Title I, 

of the Clean Air Act as amended in 

1990, except as noted below. 

(a) 1997 PM2.5 NAAQS: The SIP 

submitted March 28, 2008 is 

disapproved for CAA element 

110(a)(2)(D)(ii). 

(b) 2006 PM2.5 NAAQS: The SIPs 

submitted March 28, 2008 and 

September 16, 2009 are disapproved for 

CAA element 110(a)(2)(D)(ii). 

(c) GHGs: The revisions to the 

Arkansas SIP definition of ‘‘CO2

Equivalent Emissions’’ at Regulation 19, 

Chapter 2 to implement the GHG 

Biomass Deferral as submitted on 

November 6, 2012 are disapproved. 

Subpart GG—New Mexico 

■ 3. Section 52.1622 is revised to read 

as follows: 

§ 52.1622 Approval status. 

With the exceptions set forth in this 

subpart, the Administrator approves 

New Mexico’s state implementation 

plan under section 110 of the Clean Air 

Act. Furthermore, the Administrator 

finds that the plan satisfies all 

applicable requirements of Parts C and 

D, Title I, of the Clean Air Act as 

amended in 1990, except as noted 

below. 

(a) The revisions to the New Mexico 

SIP definition of ‘‘Subject to 

Regulation’’ at 20.2.74.7 (AZ)(2)(a) 

NMAC to implement the GHG Biomass 

Deferral as submitted on January 8, 2013 

are disapproved. 

(b) [Reserved] 

Subpart LL—Oklahoma 

■ 4. Section 52.1922 is revised to read 

as follows: 

§ 52.1922 Approval status. 

With the exceptions set forth in this 

subpart, the Administrator approves 

Oklahoma’s state implementation plan 

under section 110 of the Clean Air Act. 

Furthermore, the Administrator finds 

that the plan satisfies all applicable 

requirements of Parts C and D, Title I, 

of the Clean Air Act as amended in 

1990, except as noted below. 

(a) Revisions to the Oklahoma SIP 

establishing Minor NSR GHG permitting 

requirements at OAC 252:100–7–2.1 as 

submitted on February 6, 2012. 

(b) Revisions to the Oklahoma PSD 

program in OAC 252:100–8–31 

establishing PSD permitting 

requirements for sources that are 

classified as major and thus required to 

obtain a PSD permit based solely on 

their potential GHG emissions (‘‘Step 2 

sources’’) at paragraph (E) of the 

definition of ‘‘subject to regulation’’ as 

submitted on February 6, 2012. 

(c) Revisions to the Oklahoma SIP 

definitions of ‘‘carbon dioxide 

equivalent emissions’’ at OAC 252:100– 

1–3 and ‘‘subject to regulation’’ at OAC 

252:100–8–31 to implement the GHG 

Biomass Deferral as submitted on 

January 18, 2013. 

[FR Doc. 2016–11965 Filed 5–20–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2003–0118; FRL–9946–88– 

OAR] 

RIN 2060–AG12 

Protection of Stratospheric Ozone: 

Determination 31 for Significant New 

Alternatives Policy Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Determination of acceptability. 

SUMMARY: This determination of 

acceptability expands the list of 

acceptable substitutes pursuant to the 

U.S. Environmental Protection Agency’s 

(EPA) Significant New Alternatives 

Policy (SNAP) program. This action lists 

as acceptable additional substitutes for 

use in the refrigeration and air 

conditioning sector. 

DATES: This determination is effective 

on May 23, 2016. 

ADDRESSES: EPA established a docket 

for this action under Docket ID No. 

EPA–HQ–OAR–2003–0118 

(continuation of Air Docket A–91–42). 

All electronic documents in the docket 

are listed in the index at 

www.regulations.gov. Although listed in 

the index, some information is not 

publicly available, i.e., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Publicly available 

docket materials are available either 

electronically at www.regulations.gov or 

in hard copy at the EPA Air Docket 

(Nos. A–91–42 and EPA–HQ–OAR– 

2003–0118), EPA Docket Center (EPA/

DC), William J. Clinton West, Room 


sradovich on DSK3TPTVN1PROD with RULES