Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations 12591 

Based on this information, the Board, 

at their public meeting held on April 17, 

2014, elected to recommend a 

simplification of the process by 

determining which areas or 

communities are nonrural in Alaska; all 

other communities or areas would, 

therefore, be rural. The Board would 

make nonrural determinations using a 

comprehensive approach that considers 

population size and density, economic 

indicators, military presence, industrial 

facilities, use of fish and wildlife, degree 

of remoteness and isolation, and any 

other relevant material, including 

information provided by the public. The 

Board would rely heavily on the 

recommendations of the Councils. The 

Board developed a proposal that 

simplifies the process of rural 

determinations and submitted its 

recommendation to the Secretaries on 

August 15, 2014. 

On November 24, 2014, the 

Secretaries requested that the Board 

initiate rulemaking to pursue the 

regulatory changes recommended by the 

Board. 

The Departments published a 

proposed rule on January 28, 2015 (80 

FR 4521), to revise the regulations 

governing the rural determination 

process in subpart B of 36 CFR part 242 

and 50 CFR part 100. Following a 

process that involved substantial 

Council and public input, the 

Departments published the final rule on 

November 4, 2015 (80 FR 68249). 

Direct Final Rule 

During the rulemaking process, the 

Board went on to address a starting 

point for nonrural communities and 

areas. 

Since the 2007 final rule (72 FR 

25688; May 7, 2007) was contentious, 

and so many comments were received 

objecting to the changes imposed by that 

rule, the Board decided to return to the 

rural determinations prior to the 2007 

final rule. The Board further decided 

that the most expedient method to enact 

their decisions was to publish a direct 

final rule adopting the pre-2007 

nonrural determinations. As a result, the 

Board determined the following areas to 

be nonrural: Fairbanks North Star 

Borough; Homer area—including 

Homer, Anchor Point, Kachemak City, 

and Fritz Creek; Juneau area—including 

Juneau, West Juneau, and Douglas; 

Kenai area—including Kenai, Soldotna, 

Sterling, Nikiski, Salamatof, 

Kalifornsky, Kasilof, and Clam Gulch; 

Ketchikan area—including Ketchikan 

City, Clover Pass, North Tongass 

Highway, Ketchikan East, Mountain 

Point, Herring Cove, Saxman East, 

Pennock Island, and parts of Gravina 

Island; Municipality of Anchorage; 

Seward area—including Seward and 

Moose Pass, Valdez; and Wasilla area— 

including Palmer, Wasilla, Sutton, Big 

Lake, Houston, and Bodenberg Butte. 

While the Board received one 

comment on the direct final rule during 

the public comment period provided, 

the comment was not specific to the 

issues raised in this rulemaking action. 

Therefore, because the comment had no 

bearing on whether the new rule should 

become effective or the 2007 rule should 

remain in place, the direct final rule 

became effective December 21, 2015, as 

specified in that rule. 

Authority 

This rule is issued under the authority 

of Title VIII of the Alaska National 

Interest Lands Conservation Act 

(ANILCA) (16 U.S.C. 3111–3126). 

List of Subjects 

36 CFR Part 242 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

50 CFR Part 100 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

PARTll—SUBSISTENCE 

MANAGEMENT REGULATIONS FOR 

PUBLIC LANDS IN ALASKA 

Accordingly, the Board is affirming as 

a final rule, without change, the direct 

final rule amending 36 CFR part 242 

and 50 CFR part 100 that was published 

at 80 FR 68245 on November 4, 2015. 

Authority: 16 U.S.C. 3, 472, 551, 668dd, 

3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 

1733. 

Dated: February 16, 2016. 

Eugene R. Peltola, Jr., 

Assistant Regional Director, U.S. Fish and 

Wildlife Service, Acting Chair, Federal 

Subsistence Board. 

Dated: February 18, 2016. 

Thomas Whitford, 

Subsistence Program Leader, USDA-Forest 

Service. 

[FR Doc. 2016–05317 Filed 3–9–16; 8:45 am] 

BILLING CODE 4333–15–3410–11–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0658; FRL–9943–46– 

Region 5] 

Air Plan Approval; Ohio; Base Year 

Emission Inventories for the 2008 8- 

Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, under the 

Clean Air Act (CAA), a State 

Implementation Plan (SIP) revision 

submitted by the Ohio Environmental 

Protection Agency (OEPA) on July 18, 

2014, to address emission inventory 

requirements for the Cleveland-AkronLorain, Ohio (OH) and Columbus, OH 

ozone nonattainment areas and for the 

Ohio portion of the Cincinnati, OhioKentucky-Indiana ozone nonattainment 

area under the 2008 ozone National 

Ambient Air Quality Standard (NAAQS 

or standard). The CAA requires 

emission inventories for all ozone 

nonattainment areas. The emission 

inventories contained in Ohio’s July 18, 

2014, submission meet this CAA 

requirement. EPA is also confirming 

that the state of Ohio has acceptable 

stationary source annual emission 

statement regulations, which have been 

previously approved by EPA. 

DATES: This direct final rule will be 

effective May 9, 2016, unless EPA 

receives adverse comments by April 11, 

2016. If adverse comments are received 

by EPA, 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–2014–0658 at http://

www.regulations.gov or via email to 

Aburano.Douglas@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 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 


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12592 Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations 

1Biogenic emissions are produced by living 

organisms and are typically not included in the 

base year emission inventories, but are considered 

in ozone modeling analyses, which must consider 

all emissions in a modeled area. 

2MAR sources are not covered by the off-road 

mobile source emissions model used by the state. 

Ohio has relied on MAR emissions calculated and 

supplied through contractors, as discussed 

elsewhere in this rulemaking. 

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: 

Edward Doty, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6057, Doty.Edward@

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. The 2008 Ozone NAAQS and Emission 

Inventory Requirements 

II. Ohio’s Emission Inventories 

A. Base Year 

B. How did the State develop the emission 

inventories? 

C. Source Emission Statements 

III. EPA’s Evaluation 

A. Did the state adequately document the 

derivation of the emission estimates? 

B. Did the State quality assure the emission 

estimates? 

C. Did the State provide for public review 

of the requested SIP revision? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. The 2008 Ozone NAAQS and 

Emission Inventory Requirements 

On March 12, 2008, EPA promulgated 

a revised 8-hour ozone NAAQS of 0.075 

parts per million (ppm). See 73 FR 

16436 (March 27, 2008). The ClevelandAkron-Lorain, Columbus, and 

Cincinnati areas were designated as 

marginal nonattainment areas for the 

2008 ozone NAAQS. See 77 FR 30088 

(May 21, 2012). The Cleveland-AkronLorain nonattainment area includes 

Ashtabula, Cuyahoga, Geauga, Lake, 

Lorain, Medina, Portage, and Summit 

Counties. The Columbus nonattainment 

area includes Delaware, Fairfield, 

Franklin, Knox, Licking, and Madison 

Counties. The Ohio portion of the 

Cincinnati nonattainment area includes 

Butler, Clermont, Clinton, Hamilton, 

and Warren Counties. 

CAA sections 172(c)(3) and 182(a)(1), 

42 U.S.C. 7502(c)(3) and 7511a(a)(1), 

require states to develop and submit, as 

SIP revisions, emission inventories for 

all areas designated as nonattainment 

for any NAAQS, including the ozone 

NAAQS. An emission inventory for 

ozone is an estimation of actual 

emissions of air pollutants that 

contribute to the formation of ozone in 

an area. Ozone is a gas that is formed 

by the reaction of Volatile Organic 

Compounds (VOC) and Oxides of 

Nitrogen (NOX) in the atmosphere in the 

presence of sunlight (VOC and NOX are 

referred to as ozone precursors). 

Therefore, an emission inventory for 

ozone focuses on the emissions of VOC 

and NOX. VOC is emitted by many types 

of pollution sources, including power 

plants, industrial sources, on-road and 

off-road mobile sources, smaller 

stationary sources, collectively referred 

to as area sources, and biogenic 

sources.1 NOX is primarily emitted by 

combustion sources, both stationary and 

mobile. 

Emission inventories provide 

emissions data for a variety of air 

quality planning tasks, including 

establishing baseline emission levels 

(anthropogenic [manmade] emissions 

associated with ozone standard 

violations), calculating emission 

reduction targets needed to attain the 

NAAQS and to achieve reasonable 

further progress toward attainment of 

the ozone standard (not required in the 

areas considered here), determining 

emission inputs for ozone air quality 

modeling analyses, and tracking 

emissions over time to determine 

progress toward achieving air quality 

and emission reduction goals. As stated 

above, the CAA requires the states to 

submit emission inventories for areas 

designated as nonattainment for ozone. 

For the 2008 ozone NAAQS, EPA has 

recommended that states submit typical 

summer day emission estimates for 2011 

(78 FR 34178, 34190, June 6, 2013). 

However, EPA also allows states to 

submit base year emissions for other 

years during a recent ozone standard 

violation period. States are required to 

submit estimates of VOC and NOX

emissions for four general classes of 

anthropogenic sources: stationary point 

sources; area sources; on-road mobile 

sources; and off-road mobile sources. 

II. Ohio’s Emission Inventories 

On July 18, 2014, Ohio submitted a 

SIP revision addressing the VOC and 

NOX emission inventory requirement for 

the Cleveland-Akron-Lorain and 

Columbus ozone nonattainment areas 

and for the Ohio portion of the 

Cincinnati ozone nonattainment area. 

Tables 1, 2, and 3 summarize the 2008 

VOC and NOX emissions for these three 

areas for a typical summer day 

(reflective of the summer period, when 

the highest ozone concentrations are 

expected in these nonattainment areas). 

The following acronyms are used in the 

emissions tables: Electric Generating 

Units (EGU); and Commercial Marine– 

Airplanes–Railroads (MAR).2

TABLE 1—CLEVELAND AREA 2008 EMISSION INVENTORY

[tons per day] 

Source type VOC NOX

Non-EGU Point ........................................................................................................................................................ 19.97 16.31 

EGU Point ................................................................................................................................................................ 0.20 65.47 

Area ......................................................................................................................................................................... 96.81 12.71 

On-Road Mobile ....................................................................................................................................................... 106.55 209.68 

Off-Road Mobile ....................................................................................................................................................... 142.40 70.86 

MAR ......................................................................................................................................................................... 1.24 25.65 

Totals ................................................................................................................................................................ 367.17 400.69 


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Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations 12593 

3Ohio portion only. 

4The county-specific area source emissions by 

source category were determined by multiplying the 

source category emission factor by the countyspecific activity level. 

TABLE 2—COLUMBUS AREA 2008 EMISSION INVENTORY

[tons per day] 

Source type VOC NOX

Non-EGU Point ........................................................................................................................................................ 2.73 7.56 

EGU Point ................................................................................................................................................................ 0.00 0.00 

Area ......................................................................................................................................................................... 57.78 6.02 

On-Road Mobile ....................................................................................................................................................... 123.41 231.72 

Off-Road Mobile ....................................................................................................................................................... 38.06 40.72 

MAR ......................................................................................................................................................................... 0.37 6.79 

Totals ................................................................................................................................................................ 222.35 292.81 

TABLE 3—CINCINNATI AREA 3 2008 EMISSION INVENTORY

(tons per day) 

Source Type VOC NOX

Non-EGU Point ........................................................................................................................................................ 5.76 24.33 

EGU Point ................................................................................................................................................................ 0.81 99.35 

Area ......................................................................................................................................................................... 54.25 7.17 

On-Road Mobile ....................................................................................................................................................... 57.79 105.98 

Off-Road Mobile ....................................................................................................................................................... 34.59 34.34 

MAR ......................................................................................................................................................................... 0.42 9.29 

Totals ................................................................................................................................................................ 153.62 280.46 

A. Base Year 

OEPA chose 2008 as the base year for 

these emission inventories. Although 

EPA recommends the use of 2011 as the 

base year, as noted above, EPA also 

allows the consideration of other base 

years. OEPA chose 2008 because this is 

one of the three years, 2008 through 

2010, of ozone data indicating violation 

of the ozone standard that were used to 

designate the three areas as 

nonattainment for the 2008 ozone 

standard. 

B. How did the State develop the 

emission inventories? 

OEPA estimated VOC and NOX

emissions for each county in the 

Cleveland-Akron-Lorain and Columbus 

ozone nonattainment areas and for the 

Ohio portion of the Cincinnati ozone 

nonattainment area. Emissions for the 

counties were totaled by source category 

for each ozone nonattainment area. To 

develop the VOC and NOX emission 

inventories, OEPA used the procedures 

summarized below. 

The primary source of emissions data 

for non-EGU point sources was sourcereported 2008 Emission Inventory 

Statements (EISs). Under the authority 

of Ohio Administrative Code (OAC) 

3756–15–03, OEPA requires regulated 

stationary sources in the ozone 

nonattainment areas to submit EISs 

annually. An EIS contains detailed 

source type-specific or source unitspecific annual and seasonal actual 

emissions for all source units in a 

facility. The EIS data for all applicable 

facilities were used to calculate annual 

and summer day county-specific point 

source emissions. Because they are 

determinative, only the summer day 

emissions are summarized here. 

EGU point source emissions were 

obtained from EPA’s Clean Air Markets 

Division (CAMD). CAMD collects and 

processes EGU emissions nationally. 

For all point sources, OEPA has 

provided a detailed list of major point 

source facilities and their associated 

annual and summer day VOC and NOX

emissions within appendices C and D of 

their July 18, 2014, submittal. 

For the area source emissions, OEPA 

relied on source type-specific emissions 

and emission factors provided by the 

Eastern Regional Technical Advisory 

Committee (ERTAC). Ohio and other 

states formed ERTAC to provide 

technical assistance in the analysis of 

air pollution. ERTAC defined the 

emission inventory source categories 

and derived the emission factors for 

each source category. ERTAC also 

derived the county-specific source 

activity levels for 2008 and provided 

these data to participating states.4 For 

some source categories, OEPA 

developed alternate methodologies, 

and/or subtracted point source 

emissions to avoid double-counting of 

emissions. In addition, some national 

emissions data obtained from EPA were 

allocated to county-specific emission 

levels based on local-to-national ratios 

of source activity levels. 

In appendix F of the July 18, 2014, 

submittal, OEPA has documented area 

source emissions by Source Category 

Code (SCC) and county. In the July 18, 

2014, submittal, OEPA has provided a 

detailed discussion of how the 

emissions were derived for each source 

category. 

On-road mobile source emissions 

were estimated using EPA’s Motor 

Vehicle Emission Simulator 2010b 

(MOVES2010b) model and Vehicle 

Miles Travelled (VMT) data supplied by 

the Cleveland, Columbus, and 

Cincinnati metropolitan planning 

organizations (MPOs). The 

MOVES2010b model was run using 

area-specific input data, where 

available, and national average default 

data where area-specific data were not 

available. The MPOs’ VMT data were 

derived for a typical summer day. 

Appendix G of the July 18, 2014, 

submittal thoroughly documents the 

calculation and spatial allocation of the 

on-road mobile source emissions. 

Off-road mobile source emissions 

were estimated using EPA’s National 

Mobile Inventory Model (NMIM). The 

emission estimates were processed 

through the Consolidated Community 

Emissions Processing Tool (CONCEPT) 

to spatially allocate the emissions to the 

county levels. 

Because NMIM does not address MAR 

emissions, MAR emissions were 


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12594 Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations 

separately estimated through contractor 

studies. These emission estimates were 

derived using county-specific activity 

levels and EPA-supplied emission 

factors. The calculated emissions were 

spatially allocated using CONCEPT. 

OEPA applied standardized, EPArecommended procedures and data 

completeness checks to quality assure 

(QA) (to assure data accuracy) and 

quality check (QC) (to assure data 

completeness) the emission 

calculations. 

C. Source Emission Statements 

Section 182(a)(3)(B) of the CAA 

requires states to include regulations in 

the SIP to require sources (source 

facilities) to submit annual statements 

characterizing sources of VOC and NOX

emission within the source facilities and 

to report actual VOC and NOX emissions 

for these sources. As noted above, OEPA 

has authority under OAC 3745–15–03 to 

require NOX and VOC EIS submittals for 

regulated source facilities in the ozone 

nonattainment areas that emit greater 

than or equal to 25 tons/year of VOC or 

NOX during the reporting year. The EPA 

approved this rule into the Ohio SIP on 

September 27, 2007 (72 FR 54844). 

OEPA confirmed in the July 18, 2014, 

submittal that this approved SIP 

regulation remains in place and remains 

enforceable for the 2008 ozone standard. 

III. EPA’s Evaluation 

EPA has reviewed Ohio’s July 18, 

2014, requested SIP revision for 

consistency with CAA and EPA 

emission inventory requirements. In 

particular, EPA has reviewed the 

techniques used by OEPA to derive and 

quality assure the emission estimates. 

EPA has also determined whether Ohio 

has provided the public with the 

opportunity to review and comment on 

the development of the emission 

estimates and the confirmation that 

source facility emission statements are 

required for the 2008 ozone standard 

and whether the state has addressed all 

public comments. 

A. Did the State adequately document 

the derivation of the emission 

estimates? 

OEPA documented the procedures 

used to estimate the emissions for each 

of the major source types. The 

documentation of the emission 

estimation procedures is very thorough 

and is adequate for us to determine that 

Ohio followed acceptable procedures to 

estimate the emissions. 

B. Did the State quality assure the 

emission estimates? 

OEPA developed a quality assurance 

plan and followed this plan during 

various phases of the emissions 

estimation and documentation process 

to QA and QC the emissions for 

completeness and accuracy. These 

quality assurance procedures were 

summarized in the documentation 

describing how the emissions totals 

were developed. The quality assurance 

procedures have been determined to be 

adequate and acceptable. We conclude 

that Ohio has developed inventories of 

VOC and NOX emissions that are 

comprehensive and complete. 

C. Did the State provide for public 

review of the requested SIP revision? 

OEPA notified the public of the 

opportunity for comment both in 

newspapers and on OEPA’s Web site. A 

public hearing was held on June 24, 

2014. No comments on the emission 

inventories were received. 

IV. Final Action 

We are approving an Ohio SIP 

revision submitted to address the ozonerelated emission inventory requirements 

for the Cleveland-Akron-Lorain, 

Columbus, and Ohio portion of the 

Cincinnati ozone nonattainment areas 

for the 2008 ozone NAAQS. The 

emission inventories we are approving 

into the SIP are specified in Tables 1, 2, 

and 3 above. We are approving the 

emission inventories because they 

contain comprehensive, accurate, and 

current inventories of actual emissions 

for all relevant sources in accordance 

with CAA sections 172(c)(3) and 182(a), 

and because Ohio adopted the emission 

inventories after providing for 

reasonable public notice and a public 

hearing. Finally, we are also confirming 

that Ohio has acceptable and 

enforceable stationary annual emission 

statement regulations for the 2008 ozone 

standard. 

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 May 9, 2016 without further 

notice unless we receive relevant 

adverse written comments by April 11, 

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 

May 9, 2016. 

V. Statutory and Executive Order 

Reviews 

Under the 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); 

• 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 


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Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations 12595 

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 May 9, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 22, 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 52.1885 is amended by 

adding paragraph (mm) to read as 

follows: 

§ 52.1885 Control Strategy: Ozone. 

* * * * * 

(mm) On July 18, 2014, Ohio 

submitted 2008 volatile organic 

compounds and oxides of nitrogen 

emission inventories for the ClevelandAkron-Lorain and Columbus ozone 

nonattainment areas and for the Ohio 

portion of the Cincinnati, OhioKentucky-Indiana ozone nonattainment 

areas as revisions to the Ohio state 

implementation plan. The documented 

emission inventories are approved as a 

revision of the state’s implementation 

plan, meeting emission inventory 

requirements for the 2008 ozone 

national ambient air quality standard. 

[FR Doc. 2016–05273 Filed 3–9–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0642; FRL–9943–43– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; and Albuquerque/Bernalillo 

County; Revisions To Establish Small 

Business Stationary Source Technical 

and Environmental Compliance 

Assistance Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the New Mexico State Implementation 

Plan (SIP) for both the State and 

Albuquerque/Bernalillo County. These 

revisions establish Small Business 

Stationary Source Technical and 

Environmental Compliance Assistance 

Programs. The EPA is approving these 

revisions pursuant to section 110 and 

section 507(a) of the Clean Air Act 

(CAA). 

DATES: This rule is effective on May 9, 

2016 without further notice unless EPA 

receives relevant adverse comments by 

April 11, 2016. If EPA receives such 

comments, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2014–0642, at http://

www.regulations.gov or via email to 

walser.john@epa.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, please 

contact John Walser, 214–665–7128, 

walser.john@epa.gov. 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/commentingepa-dockets. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index and in hard copy at EPA Region 

6, 1445 Ross Avenue, Suite 700, Dallas, 

Texas. 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 at either 

location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Walser (6PD–L), (214) 665–7128, 

walser.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means EPA. 


jstallworth on DSK7TPTVN1PROD with RULES