70626 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations 

Columbia. Whenever any person has 

failed to comply with a preliminary 

order of reinstatement, or a final order, 

including one approving a settlement 

agreement, issued under section 18C of 

the FLSA, a person on whose behalf the 

order was issued may file a civil action 

seeking enforcement of the order in the 

appropriate United States district court. 

§ 1984.114 District court jurisdiction of 

retaliation complaints. 

(a) The complainant may bring an 

action at law or equity for de novo 

review in the appropriate district court 

of the United States, which will have 

jurisdiction over such an action without 

regard to the amount in controversy, 

either: 

(1) Within 90 days after receiving a 

written determination under 

§ 1984.105(a) provided that there has 

been no final decision of the Secretary; 

or 

(2) If there has been no final decision 

of the Secretary within 210 days of the 

filing of the complaint. 

(3) At the request of either party, the 

action shall be tried by the court with 

a jury. 

(b) A proceeding under paragraph (a) 

of this section shall be governed by the 

same legal burdens of proof specified in 

§ 1984.109. The court shall have 

jurisdiction to grant all relief necessary 

to make the employee whole, including 

injunctive relief and compensatory 

damages, including: 

(1) Reinstatement with the same 

seniority status that the employee 

would have had, but for the discharge 

or retaliation; 

(2) The amount of back pay, with 

interest; and 

(3) Compensation for any special 

damages sustained as a result of the 

discharge or retaliation, including 

litigation costs, expert witness fees, and 

reasonable attorney fees. 

(c) Within seven days after filing a 

complaint in federal court, a 

complainant must file with the 

Assistant Secretary, the ALJ, or the ARB, 

depending on where the proceeding is 

pending, a copy of the file-stamped 

complaint. In all cases, a copy of the 

complaint also must be served on the 

OSHA official who issued the findings 

and/or preliminary order, the Assistant 

Secretary, and the Associate Solicitor, 

Division of Fair Labor Standards, U.S. 

Department of Labor. 

§ 1984.115 Special circumstances; waiver 

of rules. 

In special circumstances not 

contemplated by the provisions of this 

part, or for good cause shown, the ALJ 

or the ARB on review may, upon 

application, after three-days notice to all 

parties, waive any rule or issue such 

orders that justice or the administration 

of section 18C of the FLSA requires. 

[FR Doc. 2016–24559 Filed 10–12–16; 8:45 am] 

BILLING CODE 4510–26–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2016–0424; FRL–9953–92– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; South 

Dakota; Revisions to the Permitting 

Rules 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve State Implementation Plan 

(SIP) revisions submitted by the State of 

South Dakota on October 23, 2015 and 

July 29, 2013 related to South Dakota’s 

Air Pollution Control Program. The 

October 23, 2015 submittal revises 

certain definitions and dates of 

incorporation by reference and contains 

new, amended and renumbered rules. In 

this rulemaking, we are taking final 

action on all portions of the October 23, 

2015 submittal, except for those 

portions of the submittal which do not 

belong in the SIP. This action is being 

taken under section 110 of the Clean Air 

Act (CAA). 

DATES: This final rule is effective on 

November 14, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2016–0424. 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., 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 electronically through http://

www.regulations.gov, or please contact 

the person identified in the ‘‘For Further 

Information Contact’’ section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Leone, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6227, 

leone.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What is the EPA approving? 

The EPA is approving all revisions as 

submitted by the State of South Dakota 

on October 23, 2015, with the exception 

of the revisions that we are not acting 

on, as outlined in section III of our 

proposed rulemaking published on 

August 8, 2016 (81 FR 52388). We are 

taking final action to approve the 

following revisions: (1) 74:36:01:01 

(Definitions) - 74:36:01:01(8), 

74:36:01:01(29), 74:36:01:01(67), 

74:36:01:01(73), 74:36:01:05, and 

74:36:01:20 ; 74:36:02 (Ambient Air 

Quality)—74:36:02:02, 74:36:02:03, 

74:36:02:04 and 74:36:02:05; 74:36:03 

(Air Quality Episodes)—74:36:03:01 and 

74:36:03:02; 74:36:04 (Operating 

Permits for Minor Sources)— 

74:36:04:04, 74:36:04:03 and 

74:36:04:21.01; 74:36:09 (Prevention of 

Significant Deterioration)— 74:36:09:02, 

74:36:09:03, 74:36:09:02(7), 

74:36:09:02(8) and 74:36:09:02(9); 

74:36:10 (New Source Review)— 

74:36:10:02, 74:36:10:03.01, 74:36:10:05, 

74:36:10:07 and 74:36:10:08; 74:36:11 

(Performance Testing)—74:36:11:01; 

74:36:12 (Control of Visible 

Emissions)—74:36:12:01 and 

74:36:12:03; 74:36:18 (Regulations for 

State Facilities in the Rapid City Area)— 

74:36:18:10; 74:36:20 (Construction 

Permits for New Sources or 

Modifications)—74:36:20:05; 

74:36:01:01(73) (Subject to Regulation); 

and the deletion of 74:36:04:03.01 

(Minor Source Operating Permit 

Variance). 

We provided a detailed explanation of 

the bases for our proposal. See 81 FR 

52388. We invited comment on all 

aspects of our proposal and provided a 

30-day comment period. The comment 

period ended on September 8, 2016. 

In this action, we are responding to 

the comments we received and taking 

final rulemaking action on the rules 

from the State’s July 29, 2013 and 

October 23, 2015, submittals. 

II. Brief Discussion of Statutory and 

Regulatory Requirements 

The changes we are taking final action 

to approve are consistent with the CAA 

and EPA regulations. Specifically: 

1. CAA section 110(a)(2)(C), requires 

each state plan to include ‘‘a program to 

provide for the . . . regulation of the 

modification and construction of any 

stationary source within the areas 

covered by the plan as necessary to 

assure that the National Ambient Air 

Quality Standards [NAAQS] are 

achieved, including a permit program as 


Lhorne on DSK30JT082PROD with RULES
Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations 70627 

required in parts C and D of this 

subchapter.’’ 

2. CAA section 165, lays out the 

requirements for obtaining a permit that 

must be included in a state’s SIPapproved permit program. South 

Dakota’s Air Pollution Control Program 

imposes these requirements on sources, 

and the State’s proposed plan clearly 

satisfies the requirements of these 

statutory provisions. 

3. CAA section 110(a)(2)(A), requires 

that SIPs contain enforceable emissions 

limitations and other control measures. 

Under section CAA section 110(a)(2), 

the enforceability requirement in 

section 110(a)(2)(A) applies to all plans 

submitted by a state. Chapter 6, section 

13 creates enforceable obligations for 

sources by removing phrases such as 

‘‘the plan shall provide’’ and ‘‘the plan 

may provide.’’ 

4. CAA section 110(i), (with certain 

limited exceptions) prohibits states from 

modifying SIP requirements for 

stationary sources except through the 

SIP revision process. By eliminating 

unspecified procedures that were 

referenced in the May 10, 2011 

submittal, the November 6, 2015 

submittal addresses this issue. 

In addition, the CAA (section 

110(a)(2)(C)) and 40 CFR 51.160 require 

states to have legally enforceable 

procedures to prevent construction or 

modification of a source if it would 

violate any SIP control strategies or 

interfere with attainment or 

maintenance of the NAAQS. Such 

minor New Source Review (NSR) 

programs are for pollutants from 

stationary sources that do not require 

prevention of significant deterioration 

(PSD) or nonattainment NSR permits. 

States may customize the requirements 

of the minor NSR program as long as 

their program meets minimum 

requirements. 

Section 110(l) of the CAA states: 

‘‘[e]ach revision to an implementation 

plan submitted by a State under this Act 

shall be adopted by such State after 

reasonable notice and public hearing. 

The Administrator shall not approve a 

revision to a plan if the revision would 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (as defined 

in section 171), or any other applicable 

requirement of this chapter.’’ 

The states’ obligation to comply with 

each of the NAAQS is considered as 

‘‘any applicable requirement(s) 

concerning attainment.’’ A 

demonstration is necessary to show that 

this SIP revision will not interfere with 

attainment or maintenance of the 

NAAQS, including those for ozone, 

particulate matter, carbon monoxide 

(CO), sulfur dioxide (SO2), lead, 

nitrogen oxides (NOX) or any other 

requirement of the Act. South Dakota’s 

demonstration of noninterference (see 

docket), provides sufficient basis that 

new revisions to ARSD 74:36 will not 

interfere with attainment, reasonable 

further progress (RFP), or any other 

applicable requirement of the CAA. 

Further details can be found in our 

proposed rulemaking. 

III. Response to Comments 

We received one comment during the 

public comment period. This comment 

was not related to the EPA’s proposed 

rulemaking for South Dakota’s 

permitting program changes which was 

published on August 8, 2016. As such, 

we are not providing a response to this 

comment. 

IV. Final Action 

As outlined in our proposed 

rulemaking, the EPA finds that the 

addition of new, revised and removed 

rules to ARSD 74:36 will not interfere 

with attainment or maintenance of any 

of the NAAQS in the State of South 

Dakota and will not interfere with any 

other applicable requirement of the Act 

or the EPA regulations as outlined in 

section II of this rulemaking (see 

proposed rulemaking for detailed 

rational); and thus, are approvable 

under CAA section 110(l). Therefore, we 

are taking final action to approve South 

Dakota’s revisions as submitted on 

October 23, 2015. We are not taking 

action on South Dakota’s July 29, 2013 

submittal because it was superseded. 

In our final rule published in the 

Federal Register on February 16, 2016 

(81 FR 7706) we inadvertently used an 

incorrect approval date in the updates to 

the South Dakota regulatory table. The 

EPA is taking final action to correct this 

error with this action. The IBR material 

for our February 16, 2016 action is 

contained within this docket. 

V. Incorporation by Reference 

In this rule, the EPA is taking final 

action to include in a final EPA rule 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is taking final action to 

incorporate by reference the 

Administrative Rules of South Dakota 

pertaining to their permitting rules as 

outlined in section I. The EPA has 

made, and will continue to make, these 

documents generally available 

electronically through http://

www.regulations.gov and/or at the EPA 

Region 8 Office (please contact the 

person identified in the ‘‘For Further 

Information Contact’’ section of this 

preamble for more information). 

VI. 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 

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 (Public Law 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, 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 


Lhorne on DSK30JT082PROD with RULES
70628 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations 

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 (CRA), 

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 December 12, 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 CAA 

section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile Organic 

Compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 26, 2016. 

Richard D. Buhl, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority for citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart QQ—South Dakota 

■ 2. In § 52.2170, the table in paragraph 

(c) is amended by revising entries 

‘‘74:36:01:01’’, ‘‘74:36:01:05’’, 

‘‘74:36:01:10’’, ‘‘74:36:01:20’’; 

‘‘74:36:02:02’’, ‘‘74:36:02:03’’, 

‘‘74:36:02:04’’, ‘‘74:36:02:05’’; 

‘‘74:36:03:01’’, ‘‘74:36:03:02’’; 

‘‘74:36:04:03’’, ‘‘74:36:04:04’’, 

‘‘74:36:04:21’’; ‘‘74:36:09:02’’, 

‘‘74:36:09:03’’; ‘‘74:36:10:02’’, 

‘‘74:36:10:03.01’’, ‘‘74:36:10:05’’ 

‘‘74:36:10:06’’ ‘‘74:36:10:07’’ 

‘‘74:36:10:08’’; ‘‘74:36:11:01’’; 

‘‘74:36:12:01’’, ‘‘74:36:12:03’’; 

‘‘74:36:13:02’’, ‘‘74:36:13:03’’, 

‘‘74:36:13:04’’, ‘‘74:36:13:06’’, 

‘‘74:36:13:07’’, ‘‘74:36:13:08’’; 

‘‘74:36:18:10’’; ‘‘74:36:20:02’’, 

‘‘74:36:20:05’’; ‘‘74:36:21:02’’, 

‘‘74:36:21:04’’, ‘‘74:36:21:05’’, and 

‘‘74:36:21:09’’ to read as follows: 

§ 52.2170 Identification of plan. 

* * * * * 

(c) * * * 

Rule No. Rule title State effective 

date 

EPA effective 

date Final rule citation, date Comments 

*******

74:36:01. Definitions 

74:36:01:01 ................ Definitions ......................... 10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

Except for 

74:36:01:01.(73). 

* * * * * * * 

74:36:01:05 ................ Applicable requirements of 

the Clean Air Act defined.

10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

* * * * * * * 

74:36:01:10 ................ Modification defined .......... 10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

* * * * * * * 

74:36:01:20 ................ Physical change in or 

change in the method of 

operation defined.

10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

* * * * * * * 

74:36:02. Ambient Air Quality 

*******

74:36:02:02 ................ Ambient air quality standards.

10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:02:03 ................ Methods of sampling and 

analysis.

10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:02:04 ................ Ambient air monitoring 

network.

10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.


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Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations 70629 

Rule No. Rule title State effective 

date 

EPA effective 

date Final rule citation, date Comments 

74:36:02:05 ................ Air quality monitoring requirements.10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:03. Air Quality Episodes 

74:36:03:01 ................ Air pollution emergency 

episode.

........................ 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:03:02 ................ Episode emergency contingency plan......................... 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:04. Operating Permits for Minor Sources 

*******

74:36:04:03 ................ Emission unit exemptions 10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:04:04 ................ Standard for issuance of a 

minor source operating 

permit.

10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

* * * * * * * 

74:36:04:21 ................ Permit modifications ......... 10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

* * * * * * * 

74:36:09. Prevention of Significant Deterioration 

*******

74:36:09:02 ................ Prevention of significant 

deterioration.

........................ 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

Except for 

74:36:09:02.(10). 

74:36:09:03 ................ Public participation ............ ........................ 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:10. New Source Review 

*******

74:36:10:02 ................ Definitions ......................... ........................ 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:10:03.01 ........... New source review 

preconstruction permit 

required.

........................ 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:10:05 ................ New source review 

preconstruction permit.

........................ 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:10:06 ................ Causing or contributing to 

a violation of any national ambient air quality 

standard.

........................ 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:10:07 ................ Determining credit for 

emission offsets.

........................ 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:10:08 ................ Projected actual emissions ........................ 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

* * * * * * * 

74:36:11. Performance Testing 

74:36:11:01 ................ Stack performance testing 

or other testing methods.

10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

* * * * * * * 

74:36:12. Control of Visible Emissions 

*******

74:36:12:01 ................ Restrictions on visible 

emissions.

10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.


Lhorne on DSK30JT082PROD with RULES
70630 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations 

Rule No. Rule title State effective 

date 

EPA effective 

date Final rule citation, date Comments 

*******

74:36:12:03 ................ Exceptions granted to alfalfa pelletizers or 

dehydrators.

10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:13. Continuous Emission Monitoring Systems 

*******

74:36:13:02 ................ Minimum performance 

specifications for all continuous emission monitoring systems.

10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:13:03 ................ Reporting requirements .... 10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:13:04 ................ Notice to department of 

exceedance.

10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

* * * * * * * 

74:36:13:06 ................ Compliance certification .... 10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:13:07 ................ Credible evidence ............. 10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:13:08 ................ Compliance assurance 

monitoring.

10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

* * * * * * * 

74:36:18. Regulations for State Facilities in the Rapid City Area 

*******

74:36:18:10 ................ Visible emission limit for 

construction and continuous operation activities.

10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

* * * * * * * 

74:36:20. Construction Permits for New Sources or Modifications 

*******

74:36:20:02 ................ Construction permit required.

10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

* * * * * * * 

74:36:20:05 ................ Standard for issuance of 

construction permit.

10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

* * * * * * * 

74:36:21. Regional Haze Program 

*******

74:36:21:02 ................ Definitions ......................... 10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

* * * * * * * 

74:36:21:04 ................ Visibility impact analysis ... 10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

74:36:21:05 ................ BART determination ......... 10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

* * * * * * * 

74:36:21:09 ................ Monitoring, recordkeeping, 

and reporting.

10/13/2015 11/14/2016 [Insert Federal Register 

citation], 10/13/2016.

* * * * * * * 


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Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations 70631 

1We note that while the SIP revisions submitted 

by Maine, New Hampshire, and Rhode Island 

address only the transport elements of CAA section 

110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS, 

Vermont’s submittal addresses all of the 

infrastructure elements of CAA section 110(a)(2) for 

the 2008 ozone NAAQS. Today’s action, however, 

only addresses the transport elements of Vermont’s 

submittal. 

* * * * * 

[FR Doc. 2016–24648 Filed 10–12–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2008–0486; EPA–R01– 

OAR–2008–0223; EPA–R01–OAR–2008– 

0447; EPA–R01–OAR–2009–0358; FRL– 

9953–85–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Maine, 

New Hampshire, Rhode Island, and 

Vermont; Interstate Transport of Air 

Pollution 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) revisions 

submitted by the Maine Department of 

Environmental Protection (ME DEP), the 

New Hampshire Department of 

Environmental Services (NH DES), the 

Rhode Island Department of 

Environmental Management (RI DEM) 

and the Vermont Department of 

Environmental Conservation (VT DEC). 

These SIP revisions address provisions 

of the Clean Air Act that require each 

state to submit a SIP to address 

emissions that may adversely affect 

another state’s air quality through 

interstate transport. The EPA has 

concluded that all four States have 

adequate provisions to prohibit in-state 

emissions activities from significantly 

contributing to the nonattainment, or 

interfering with the maintenance, of the 

2008 ozone National Ambient Air 

Quality Standards (NAAQS) in any 

other state. The intended effect of this 

action is to approve the SIP revisions 

submitted by Maine, New Hampshire, 

Rhode Island, and Vermont. This action 

is being taken under the Clean Air Act. 

DATES: This rule is effective on 

November 14, 2016. 

ADDRESSES: EPA has established 

separate dockets for this action under 

Docket Identification No.’s EPA–R01– 

OAR–2008–0486 for Maine, EPA–R01– 

OAR–2008–0223 for New Hampshire, 

EPA–R01–OAR–2008–0447 for Rhode 

Island, and EPA–R01–OAR–2009–0358 

for Vermont. All documents in the 

docket are listed on the http://

www.regulations.gov Web site, although 

some information, such as confidential 

business information or other 

information whose disclosure is 

restricted by statute is not publically 

available. 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 at http://www.regulations.gov 

or at the U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, Office of Ecosystem Protection, 

Air Quality Planning Unit, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Burkhart, Air Quality 

Planning Unit, Air Programs Branch 

(Mail Code OEP05–02), U.S. 

Environmental Protection Agency, 

Region 1, 5 Post Office Square, Suite 

100, Boston, Massachusetts, 02109– 

3912; (617) 918–1664; 

burkhart.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background 

II. Public Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

This rulemaking approves SIP 

submissions from the ME DEP, the NH 

DES, the RI DEM, and the VT DEC. The 

SIP revisions were submitted on the 

following dates: October 26, 2015 

(Maine); November 17, 2015 (New 

Hampshire); June 23, 2015 (Rhode 

Island) and November 2, 2015 

(Vermont). These SIP submissions 

address the requirements of Clean Air 

Act (CAA) section 110(a)(2)(D)(i)(I) for 

the 2008 ozone NAAQS.1

On August 23, 2016 (81 FR 57519), 

EPA published a notice of proposed 

rulemaking (NPR) proposing approval of 

these four SIP submissions. The specific 

details of each state’s SIP submission 

and the rationale for EPA’s approval of 

each SIP submission are discussed in 

the NPR and will not be restated here. 

II. Public Comments 

EPA did not receive any comments in 

response to the NPR. 

III. Final Action 

EPA is approving the SIP revisions 

submitted by the states on the following 

dates as meeting the interstate transport 

requirements of CAA section 

110(a)(2)(D)(i)(I) for the 2008 ozone 

NAAQS: October 26, 2015 (Maine); 

November 7, 2015 (New Hampshire); 

June 23, 2015 (Rhode Island); and 

November 2, 2015 (Vermont). EPA has 

reviewed these SIP revisions and has 

found that they satisfy the relevant CAA 

requirements. 

IV. 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, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

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 


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