8654 Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations 

EPA-APPROVED INDIANA REGULATIONS—Continued 

Indiana citation Subject Indiana 

effective date EPA Approval date Notes 

*******

6.8–2–29 ...................................... Reed Minerals–Plant #14 ............ 05/29/2015 02/22/2016, [insert Federal 

Register citation].

* * * * * * * 

6.8–2–34 ...................................... Huhtamaki Foodservice, Inc. ....... 05/29/2015 02/22/2016, [insert Federal 

Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2016–03490 Filed 2–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0848; FRL–9942–56– 

Region 5] 

Air Plan Approval; Wisconsin; 

Revision to the Milwaukee-RacineWaukesha 2006 24-Hour Particulate 

Matter Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving Wisconsin’s 

December 23, 2015, state 

implementation plan (SIP) revision to 

the Milwaukee-Racine-Waukesha 

(Milwaukee), Wisconsin 2006 24-Hour 

Particulate Matter (PM2.5) maintenance 

plan. This SIP revision establishes new 

Motor Vehicle Emissions Budgets 

(MVEB) for Volatile Organic 

Compounds (VOC) for the years 2020 

and 2025. The MVEBs for Oxides of 

Nitrogen (NOX), Sulfur Dioxide (SO2), 

and PM2.5 will remain the same. EPA is 

approving the allocation of a portion of 

the safety margin for VOC in the PM2.5

maintenance plan to the 2020 and 2025 

MVEBs. The 2020 and 2025 total year 

emissions of VOC for the area will 

remain below the attainment level 

required by the transportation 

conformity regulations. 

DATES: This direct final rule will be 

effective April 22, 2016, unless EPA 

receives adverse comments by March 

23, 2016. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2015–0848 at http://

www.regulations.gov or via email to 

blakley.pamela@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received on 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. 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, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For 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: 

Michael Leslie, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6680, 

leslie.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

II. What is a ‘‘safety margin’’? 

III. How does this action change the 

Milwaukee area’s 2006 24-hour PM2.5

maintenance plan? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On April 22, 2014 (79 FR 22415), EPA 

approved a request from the State of 

Wisconsin to redesignate the Milwaukee 

area for the 2006 24-hour PM2.5 national 

ambient air quality standard (NAAQS). 

In addition to approving the PM2.5

redesignation request, EPA approved 

the State’s plan for maintaining the 2006 

24-hour PM2.5 NAAQS in Milwaukee 

through 2025. The PM2.5 maintenance 

plan established MVEBs for PM2.5, SO2, 

VOC and NOX for 2020 and 2025 to 

account for new transportation planning 

assumptions. 

MVEBs are the projected levels of 

controlled emissions from the 

transportation sector (mobile sources) 

that are estimated in the SIP to provide 

for maintenance of the ozone standard. 

The transportation conformity rule 

allows the MVEB to be changed as long 

as the total level of emissions from all 

sources remains below the attainment 

levels. 

II. What is a ‘‘safety margin’’? 

A ‘‘safety margin’’, as defined in the 

transportation conformity rule (40 CFR 

part 93 subpart A), is the amount by 

which the total projected emissions 

from all sources of a given pollutant are 

less than the total emissions that would 

satisfy the applicable requirement for 

reasonable further progress, attainment, 

or maintenance. The attainment level of 

emissions is the level of emissions 

during the year in which the area met 

the NAAQS. Table 1 gives detailed 

information on the safety margin for the 

VOC portion of the Milwaukee’s 2006 

24-Hour PM2.5 maintenance plan. Table 

1 includes a comparison of the VOC 

emissions in the 2010 (Wisconsin’s 

attainment year), to the projected 

emissions of VOC in 2020 and 2025. 

The difference between the projected 

emissions in years 2020 and 2025 and 

the actual emissions in 2010 is referred 

to as the safety margin or the amount of 

excess emission reductions. 

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Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations 8655 

TABLE 1—VOC SAFETY MARGIN FOR MILWAUKEE’S 2006 24-HOUR PM2.5 MAINTENANCE PLAN

Year 

Attainment 

year 

emissions 

(tons/day) 

Projected 

maintenance 

emissions 

(tons/day) 

Safety margin 

(tons/day) 

2010 ............................................................................................................................................. 127.40 ........................ ........................

2020 ............................................................................................................................................. ........................ 105.81 21.59 

2025 ............................................................................................................................................. ........................ 106.70 20.70 

Wisconsin has requested the VOC 

allocation of 2.384 tons/day for 2020 

and 1.798 tons/day for 2025 from the 

safety margins to the MVEBs. The 

revised maintenance plan will have 

VOC safety margins of 19.21 tons/day 

for 2020 and 18.90 tons/day for 2025. 

The 2020 and 2025 projected VOC 

emissions, even with this allocation, 

will be below the 2010 attainment year 

emissions. For this reason, EPA finds 

that the allocation of the safety margin 

to the 2020 and 2025 VOC MVEBs for 

Milwaukee’s 2006 24-Hour PM2.5

maintenance plan meets the 

requirements of the transportation 

conformity regulations at 40 CFR part 

93, and is approvable. 

III. How does this action change the 

Milwaukee area’s 2006 24-hour PM2.5

maintenance plan? 

This action changes the VOC MVEBs 

for mobile sources. The maintenance 

plan is designed to provide for future 

growth while still maintaining the 2006 

24-Hour PM2.5 NAAQS. Growth in 

industries, population, and traffic is 

offset by reductions from cleaner cars 

and other emission reduction programs. 

Through the maintenance plan, the state 

and local agencies can manage and 

maintain clean air quality while 

providing for growth. 

In the submittal, Wisconsin requested 

to allocate a portion of the safely 

margins for VOC to the 2020 and 2025 

MVEBs. Table 2 details the updated 

MVEBs for the 2006 24-Hour PM2.5

maintenance plan for the Milwaukee 

area. Table 2 shows the 2020 and 2025 

VOC MVEBs (approved by EPA on April 

22, 2014), the amount of excess 

emission reductions or safety margin to 

be allocated into the new MVEBs, and 

the new 2020 and 2025 MVEBs for VOC. 

TABLE 2—MILWAUKEE 2006 24-HOUR PM2.5 MAINTENANCE PLAN MVEBS

Year 

Approved 

MVEBs 

(tons/day) 

Safety margin 

allocation 

(tons/day) 

New MVEBs 

(tons/day) 

2020 ............................................................................................................................................. 15.890 2.384 18.274 

2025 ............................................................................................................................................. 11.980 1.798 13.778 

IV. What action is EPA taking? 

EPA is approving a revision to the 

Milwaukee 2006 24-Hour PM2.5

maintenance plan. The revision will 

change the VOC MVEBs for 2020 and 

2025 that are used for transportation 

conformity purposes. The revision will 

keep the total emissions for the area at 

or below the attainment level required 

by law. This action will allow the state 

or local agencies to continue to maintain 

air quality while providing for 

transportation growth. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective April 22, 2016 without further 

notice unless we receive relevant 

adverse written comments by March 23, 

2016. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

April 22, 2016. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act (CAA), the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the CAA 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 action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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); 

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8656 Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations 

• 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, 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 22, 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. 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, Particulate matter, Volatile 

organic compounds. 

Dated: February 5, 2016. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

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. 

■ 2. Section 52.2584 is amended by 

adding paragraph (f) to read as follows: 

§ 52.2584 Control strategy; Particulate 

matter. 

* * * * * 

(f) Approval—On December 23, 2015, 

the State of Wisconsin submitted a 

revision to its State Implementation 

Plan for the Milwaukee-RacineWaukesha (Milwaukee), Wisconsin 2006 

24-Hour Particulate Matter Maintenance 

Plan. The submittal established new 

Motor Vehicle Emissions Budgets 

(MVEB) for Volatile Organic 

Compounds (VOC) for the years 2020 

and 2025. The VOC MVEBs for the 

Milwaukee area are now: 18.274 tons 

per day for 2020 and 13.778 tons per 

day for the year 2025. 

[FR Doc. 2016–03498 Filed 2–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0666; FRL–9942–59– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Regulation To Limit 

Nitrogen Oxides Emissions From 

Large Non-Electric Generating Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the District of Columbia. 

The revision caps emissions of nitrogen 

oxides (NOX) from large non-electric 

generating units (non-EGUs) to meet the 

requirements of EPA’s NOX SIP Call. 

EPA is approving this revision to cap 

emissions of NOX from non-EGUs in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

March 23, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2015–0666. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through www.regulations.gov 

or may be viewed during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the District submittal are 

available at the District of Columbia. 

Department of Energy and Environment, 

Air Quality Division, 1200 1st Street 

NE., 5th Floor, Washington, DC 20002. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

email at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 19, 2015 (80 FR 72406), 

EPA published a notice of proposed 

rulemaking (NPR) for the District of 

Columbia. In the NPR, EPA proposed 

approval of the District’s regulation to 

cap NOX emissions from large nonEGUs to meet the requirements of EPA’s 

NOX SIP Call. The formal SIP revision 

was submitted by the District of 

Columbia on June 19, 2015. 

II. Summary of SIP Revision 

On June 19, 2015, the District 

Department of the Environment (DOEE) 

submitted a SIP revision that addresses 

NOX reductions from its non-EGUs to 

meet its obligations under the NOX SIP 

Call. The submission also removes, from 

the District’s SIP, regulation Title 20 

DCMR Chapter 10—Nitrogen Oxides 

Emissions Budget Program. Sections 

1000 through 1013 of 20 DCMR Chapter 

10 comprised the District’s Ozone 

Transport Commission (OTC) NOX

Budget Program, which preceded the 

NOX SIP Call trading program, and 

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