50628 Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations 

1Located in 40 CFR part 51, subpart P. 

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 TT—Utah 

■ 2. Amend § 52.2320, paragraph (c) 

table, by adding in numerical order, 

center heading ‘‘R307–104. Conflict of 

Interest’’ and entries ‘‘R307–104–01’’, 

‘‘R307–104–02’’, and ‘‘R307–104–03’’ to 

read as follow: 

§ 52.2320 Identification of plan. 

* * * * * 

(c) * * * 

Rule No. Rule title 

State 

effective 

date 

Final rule 

citation, 

date 

Comments 

*******

R307–104. Conflict of Interest 

R307–104–01 ........................... Authority .................................. 6/01/2016 ................................ [Insert Federal Register citation], 8/02/2016. 

R307–104–02 ........................... Purpose ................................... 6/01/2016 ................................ [Insert Federal Register citation], 8/02/2016. 

R307–104–03 ........................... Disclosure of conflict of interest.6/01/2016 ................................ [Insert Federal Register citation], 8/02/2016. 

* * * * * * * 

* * * * * 

■ 3. Amend § 52.2355 by adding 

paragraph (c) to read as follows: 

§ 52.2355 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(c) Gary R. Herbert, Governor, State of 

Utah, provided submissions to meet the 

infrastructure requirements for the State 

of Utah for the 1997 PM2.5 NAAQS on 

December 3, 2007; 2006 PM2.5 NAAQS 

on September 21, 2010; 2008 Pb 

NAAQS on January 19, 2012; 2008 

ozone NAAQS on January 31, 2013; 

2010 NO2 NAAQS on January 31, 2013; 

2010 SO2 NAAQS on June 2, 2013; and 

2012 PM2.5 on December 4, 2015. The 

State’s Infrastructure SIP is approved 

with respect to the 1997 and 2006 PM2.5

NAAQS with respect to CAA Section 

110(a)(1) and element (D)(ii) of Section 

110(a)(2). The State’s Infrastructure SIP 

is approved with respect to the 2008 

ozone NAAQS with respect to CAA 

Section 110(a)(1) and the following 

elements of Section 110(a)(2): (A), (B), 

(C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M). The State’s 

Infrastructure SIP is approved with 

respect to the 2008 Pb, 2010 SO2, 2010 

NO2, and 2012 PM2.5 NAAQS with 

respect to CAA Section 110(a)(1) and 

the following elements of Section 

110(a)(2): (A), (C), (D)(i)(II) prong 3, 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), and 

(M). 

[FR Doc. 2016–18154 Filed 8–1–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0361; FRL–9950–01– 

Region 4] 

Air Plan Approval; Florida; Regional 

Haze Progress Report 

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 State of Florida 

through the Florida Department of 

Environmental Protection (FDEP) on 

March 10, 2015. Florida’s March 10, 

2015, SIP revision (Progress Report) 

addresses requirements of the Clean Air 

Act (CAA or Act) and EPA’s rules that 

require states to submit periodic reports 

describing progress towards reasonable 

progress goals (RPGs) established for 

regional haze and a determination of the 

adequacy of a state’s existing SIP 

addressing regional haze (regional haze 

plan). EPA is approving Florida’s 

Progress Report on the basis that it 

addresses the progress report and 

adequacy determination requirements 

for the first implementation period for 

regional haze. 

DATES: This rule will be effective 

September 1, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0361. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 

available, i.e., 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 form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person 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 Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Mr. 

Lakeman can be reached by phone at 

(404) 562–9043 and via electronic mail 

at lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under the Regional Haze Rule,1 each 

state is required to submit a progress 


Lhorne on DSK30JT082PROD with RULES
Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations 50629 

2On August 29, 2013, EPA fully approved 

Florida’s regional haze plan (as amended on August 

31, 2010, and September 17, 2012). See 78 FR 

53250. 

report in the form of a SIP revision 

every five years that evaluates progress 

towards the RPGs for each mandatory 

Class I Federal area (also referred to as 

Class I area in this rulemaking) within 

the state and for each mandatory Class 

I Federal area outside the state which 

may be affected by emissions from 

within the state. See 40 CFR 51.308(g). 

Each state is also required to submit, at 

the same time as the progress report, a 

determination of the adequacy of the 

state’s existing regional haze plan. See 

40 CFR 51.308(h). The first progress 

report is due five years after submittal 

of the initial regional haze plan. On 

March 19, 2010, FDEP submitted the 

State’s first regional haze plan in 

accordance with 40 CFR 51.308(b).2

On March 10, 2015, FDEP submitted 

its regional haze progress report, 

reporting progress made in the first 

implementation period towards the 

RPGs for Class I Federal areas in the 

State and for Class I Federal areas 

outside the State that are affected by 

emissions from sources within Florida. 

This submittal also includes a negative 

declaration pursuant to 40 CFR 

51.308(h)(1) that the State’s regional 

haze plan requires no substantive 

revision to achieve the established 

regional haze visibility improvement 

goals for 2018. In a notice of proposed 

rulemaking (NPRM) published on May 

24, 2016 (81 FR 32702), EPA proposed 

to approve Florida’s Progress Report on 

the basis that it satisfies the 

requirements of 40 CFR 51.308(g) and 

(h). No comments were received on the 

May 24, 2016, proposed rulemaking. 

The details of Florida’s submittal and 

the rationale for EPA’s actions are 

further explained in the NPRM. See 81 

FR 32702 (May 24, 2016). 

II. Final Action 

EPA is approving Florida’s Regional 

Haze Progress Report SIP revision, 

submitted by the State on March 10, 

2015, as meeting the applicable regional 

haze requirements set forth in 40 CFR 

51.308(g) and (h). 

III. 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. 

See 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 

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). 

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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. 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 October 3, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

Dated: July 20, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

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 K—Florida 

■ 2. Section 52.520(e), is amended by 

adding the entry ‘‘March 2015 Regional 

Haze Progress Report’’ at the end of the 

table to read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(e) * * * 


Lhorne on DSK30JT082PROD with RULES
50630 Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations 

1See 40 CFR 97.411(c), 97.511(c), 97.611(c), and 

97.711(c). 

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision 

State 

effective 

date 

EPA approval 

date Federal Register notice Explanation 

*******

March 2015 Regional Haze Progress Report .. 3/10/2015 ... 8/2/2016 [Insert citation of publication] ...........................

[FR Doc. 2016–18155 Filed 8–1–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 97 

[FRL–9949–93–OAR] 

Allocations of Cross-State Air 

Pollution Rule Allowances From New 

Unit Set-Asides for the 2016 

Compliance Year 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of data 

availability (NODA). 

SUMMARY: The Environmental Protection 

Agency (EPA) is providing notice of 

emission allowance allocations to 

certain units under the new unit setaside (NUSA) provisions of the CrossState Air Pollution Rule (CSAPR) 

federal implementation plans (FIPs) and 

is responding to objections to 

preliminary calculations. EPA has 

completed final calculations for the first 

round of NUSA allowance allocations 

for the 2016 compliance year and has 

posted spreadsheets containing the 

calculations on EPA’s Web site. The 

final allocations are unchanged from the 

preliminary calculations. EPA will 

record the allocated allowances in 

sources’ Allowance Management 

System (AMS) accounts by August 1, 

2016. 

DATES: August 2, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Questions concerning this action should 

be addressed to Robert Miller at (202) 

343–9077 or miller.robertl@epa.gov or to 

Kenon Smith at (202) 343–9164 or 

smith.kenon@epa.gov. 

SUPPLEMENTARY INFORMATION: Under the 

CSAPR FIPs, a portion of each state 

budget for each of the four CSAPR 

emissions trading programs is reserved 

as a NUSA from which allowances are 

allocated to eligible units through an 

annual one- or two-round process. In a 

NODA published in the Federal 

Register on May 27, 2016 (81 FR 33636), 

EPA described the allocation process 

and provided notice of preliminary 

calculations for the first-round 2016 

NUSA allowance allocations. EPA also 

described the process for submitting any 

objections to the preliminary 

calculations. 

In response to the May 27 NODA, 

EPA received one written objection 

addressing CSAPR NOX annual and 

NOX ozone season allowance 

recordations for 2016 to Missouri’s 

existing CSAPR units, and the number 

of allowances shown as available for 

allocation to Missouri’s new units in 

2016 in the May 27 NODA under those 

programs. Due to an allowance 

recordation error, two facilities in 

Missouri with existing units did not 

receive the CSAPR NOX annual and 

ozone season existing unit allowance 

allocations specified in Missouri’s 

approved 2016 CSAPR State 

Implementation Plan (SIP). This error in 

turn impacted the number of NUSA 

allowances shown in the May 27 NODA 

as available for allocation to Missouri’s 

new units for 2016 under those 

programs. EPA corrected the recordation 

error to the existing units by recording 

a total of four additional CSAPR NOX

Annual allowances and two additional 

CSAPR NOX Ozone Season allowances 

to two facilities in Missouri, consistent 

with the allocations for those facilities 

specified by Missouri in their 2016 

CSAPR SIP. EPA in turn adjusted 

downward the number of allowances 

available for allocation in Missouri’s 

2016 CSAPR NOX Annual and CSAPR 

NOX Ozone Season NUSA’s by four and 

two allowances, respectively. Since the 

downward correction to the number of 

allowances available in Missouri’s 2016 

NUSAs was relatively small, the number 

of allowances allocated to new units in 

Missouri in the first round was not 

affected. 

The final unit-by-unit data and 

allowance allocation calculations are set 

forth in Excel spreadsheets titled 

‘‘CSAPR_NUSA_2016_NOx_Annual_

1st_Round_Final_Data’’, ‘‘CSAPR_

NUSA_2016_NOx_OS_1st_Round_

Final_Data’’, and ‘‘CSAPR_NUSA_2016_

SO2_1st_Round_Final_Data’’, available 

on EPA’s Web site at http://www.epa.

gov/crossstaterule/actions.html. The 

three spreadsheets show EPA’s final 

determinations of first-round 2016 

NUSA allocations under the CSAPR 

NOX annual, NOX ozone season, and 

SO2 (Group 1 and Group 2) trading 

programs, respectively. 

Pursuant to CSAPR’s allowance 

recordation timing requirements, the 

allocated NUSA allowances will be 

recorded in sources’ AMS accounts by 

August 1, 2016. EPA notes that an 

allocation or lack of allocation of 

allowances to a given unit does not 

constitute a determination that CSAPR 

does or does not apply to the unit. EPA 

also notes that NUSA allocations are 

subject to potential correction if a unit 

to which NUSA allowances have been 

allocated for a given compliance year is 

not actually an affected unit as of 

January 1 (or May 1 in the case of the 

NOX ozone season program) of the 

compliance year.1

(Authority: 40 CFR 97.411(b), 97.511(b), 

97.611(b), and 97.711(b).) 

Dated: July 18, 2016. 

Reid P. Harvey, 

Director, Clean Air Markets Division, Office 

of Atmospheric Programs, Office of Air and 

Radiation. 

[FR Doc. 2016–18152 Filed 8–1–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

EPA–HQ–OPP–2012–0843; FRL–9947–78] 

Cloquintocet-mexyl; Pesticide 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of cloquintocetmexyl and its acid metabolite in or on 

multiple commodities which are 

identified and discussed later in this 

document when cloquintocet-mexyl is 

used as an inert ingredient (herbicide 

safener) in pesticide formulations 

containing the new active ingredient 

halauxifen-methyl (XDE-729 methyl). 


Lhorne on DSK30JT082PROD with RULES