Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations 70025 

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 section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

Dated: September 27, 2016. 

Mike Brincks, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

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 CC—Nebraska 

■ 2. Section 52.1420(c) is amended by 

revising entries for 129–4, 129–19 and 

129–22 to read as follows: 

§ 52.1420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEBRASKA REGULATIONS

Nebraska citation Title State effective 

date EPA Approval date Explanation 

STATE OF NEBRASKA 

Department of Environmental Quality 

Title 129—Nebraska Air Quality Regulations 

*******

129–4 ................ Ambient Air Quality 

Standards.

5/13/14 10/11/16, [Insert Federal 

Register citation].

This revision to Chapter 4 amends the ambient air 

quality standards for PM10, PM2.5, SO2, NO2, 

CO, O3, and Pb making them consistent with National Ambient Air Quality Standards (NAAQS) 

found at 40 CFR part 50, as of the date of the 

state’s submittal, July 14, 2014. 

* * * * * * * 

129–19 .............. Prevention of Significant 

Deterioration of Air 

Quality.

12/9/13 10/11/16, [Insert Federal 

Register citation]. 

*******

129–22 .............. Incinerators; Emission 

Standards.

12/9/13 10/11/16, [Insert Federal 

Register citation]. 

*******

* * * * * 

[FR Doc. 2016–23975 Filed 10–7–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2016–0571; FRL–9953–77– 

Region 7] 

Approval of Missouri’s Air Quality 

Implementation Plans, Operating 

Permits Program, and 112(l) Plan; 

Construction Permits Required 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to Missouri’s 

State Implementation Plan (SIP), 

Operating Permits Program, and 112(l) 

Plan. The April 6, 2016, request from 

Missouri revises fees for permitting 

services provided by the air quality 

program, including construction permit 

applications and operating permit 

applications. Missouri also removed the 

basic operating permit requirement in 

their ‘‘Operating Permits’’ rule for 

incinerators with emissions less than 

the de minimis levels. While EPA has 

never approved the basic operating 

permit program into Missouri’s SIP or 

Missouri’s Operating Permits Program, 

one statement on incinerators in the 

approved SIP and Operating Permits 

Program is removed by the submission. 

This statement applied the ‘‘Operating 

Permits’’ rule to all incinerators within 

the State. Any permittees with 

incinerators already required to have 

either Intermediate State Operating 

Permits or part 70 Operating Permits 

will still have the same permitting 

requirements. This revision does not 

exempt any incinerators from 

appropriate permitting. Likewise, any 

future permittees with incinerators 

under the former version of the SIP and 

Operating Permits Program would have 

required either an Intermediate State 

Operating Permit or a part 70 Operating 

Permit will still have the same 


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70026 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations 

permitting requirement under the 

revised SIP and Operating Permits 

Program. Finally the submission from 

Missouri makes non-substantive style 

changes. 

DATES: This direct final rule will be 

effective December 12, 2016, without 

further notice, unless EPA receives 

adverse comment by November 10, 

2016. If EPA receives adverse comment, 

we 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–R07– 

OAR–2016–0571, to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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. 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, 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: Jed 

D. Wolkins, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219 at 913–551–7588, 

or by email at wolkins.jed@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. What part 52 revision is EPA approving? 

III. What part 70 Revision is EPA approving? 

IV. What 112(l) revision is EPA approving? 

V. Have the requirements for approval of a 

SIP revision been met? 

VI. What action is EPA taking? 

I. What is being addressed in this 

document? 

The submission from Missouri revises 

10 CSR 10–6.060, Construction Permits 

Required, and 10 CSR 10–6.065, 

Operating Permits. Missouri’s revisions 

increase fees for permitting services 

provided by the air quality program, 

including construction permit 

applications and operating permit 

applications. Missouri also removed the 

basic operating permit requirement, 

under 10 CSR 10–6.065, for incinerators 

with emissions less than the de minimis 

levels. While EPA has never approved 

the basic operating permit program into 

the Missouri’s SIP or Missouri’s 

Operating Permits Program, one 

statement on incinerators, 10 CSR 

6.065(1)(B), in the approved SIP and 

Operating Permits Program is removed 

by the submission. This statement 

applied 10 CSR 10–6.065 to all 

incinerators within the State. Any 

Permittees with incinerators already 

required to have either Intermediate 

State Operating Permits or part 70 

Operating Permits will still have the 

same permitting requirements. This 

revision does not exempt any 

incinerators from appropriate 

permitting. Likewise, any future 

permittees with incinerators under the 

former version of the SIP and Operating 

Permits Program would have required 

either an Intermediate State Operating 

Permits or a part 70 Operating Permits 

will still have the same permitting 

requirement under the revised SIP and 

Operating Permits Program. Finally the 

submission from Missouri makes nonsubstantive style changes. 

II. What Part 52 revision is EPA 

approving? 

The revisions increase the fees 

charged for construction and operating 

permits. After stakeholder outreach, 

Missouri has increased fees in order to 

ensure that the department can continue 

to provide services and to keep the Air 

program solvent. The De minimis, the 

Minor, and the Temporary/Pilot 

construction permit filing fees increased 

from one hundred dollars ($100) to two 

hundred fifty dollars ($250). The New 

Source Review (NSR), the Prevention of 

Significant Deterioration (PSD), the 

Hazardous Air Pollutants (HAP), and 

the Initial Plantwide applicability limit 

(PAL) construction permit filing fees 

increased from one hundred dollars 

($100) to five thousand dollars ($5,000). 

The Renewal PAL construction permit 

filing fee increased from one hundred 

dollars ($100) to two thousand five 

hundred dollars ($2,500). The Portable 

Source Relocation Request construction 

permit filing fee increased from two 

hundred dollars ($200) to three hundred 

dollars ($300). The processing fees for 

all types of construction permits, except 

the Portable Source Relocation Request, 

increased from fifty dollars per hour 

($50/hr) to seventy-five dollars per hour 

($75/hr). The initial and renewal 

Intermediate State Operating Permit and 

part 70 Operating Permit filing fees 

increased from a flat one hundred dollar 

($100) fee to a variable fee based on 

number of units and additional 

complexity. The operating permit filing 

fees have a cap of six thousand dollars 

($6,000). 

Specifically, revisions in the SIP add 

new fee tables within the following rule 

sections: 

• 10 CSR 10–6.060(10)—Permit Fees 

and Amendments; 

• 10 CSR 10–6.065(5)—Intermediate 

State Operating Permits; and 

• 10 CSR 10–6.065(6)—Part 70 

Operating Permits. 

Revisions in the SIP amend the 

following rules to reference the new fee 

tables as follows: 

• 10 CSR 10–6.060(4)—Portable 

Equipment; 

• 10 CSR 10–6.060(10)(A)—Permit 

Fees and Amendments; and 

• 10 CSR 10–6.060(12)(A)—Appendix 

A, Permit Review Procedures. 

Revision in the SIP remove the 

blanket applicability of operating 

permits to incinerators as follows: 

• 10 CSR 10–6.065(1)(B)— 

Applicability, Incinerators. 

Revisions in the SIP also make nonsubstantive style changes throughout. 

Details of Missouri’s SIP revisions can 

be found in the Technical Support 

Document located in this docket. 

II. What Part 70 revision is EPA 

approving? 

The initial and renewal Intermediate 

State Operating Permit and part 70 

Operating Permit filing fees increased 

from a flat one hundred dollar ($100) fee 

to a variable fee based on number of 

units and additional complexity. The 

filing fee has a cap of six thousand 

dollars ($6,000). 

Revisions in part 70 add new fee 

tables within the following rule 

sections: 

• 10 CSR 10–6.065(5)—Intermediate 

State Operating Permits; and 

• 10 CSR 10–6.065(6)—Part 70 

Operating Permits. 

Revision in the SIP remove the 

blanket applicability of operating 

permits to incinerators as follows: 

• 10 CSR 10–6.065(1)(B)— 

Applicability, Incinerators. 

Revisions in the SIP also make nonsubstantive style changes throughout. 

Details of Missouri’s part 70 revisions 

can be found in the Technical Support 

Document located in this docket. 


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Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations 70027 

1 62 FR 27968 (May 22, 1997). 

IV. What 112(l) revision is EPA 

approving? 

Missouri’s submission indicated that 

the revisions made to 10 CSR 10–6.065 

‘‘include any revisions necessary to 

retain 112(l) approval under the Clean 

Air Act.’’ The John S. Seitz Memo of 

April 13, 1993, titled ‘‘Title V Program 

Approval Criteria for Section 112 

Activities,’’ provides guidance on 

revisions to state Title V programs and 

how they intersect with section 112 

requirements. It states, ‘‘As for part 70 

program revisions, no formal 

amendment to the initial title V program 

should typically be needed with respect 

to section 112 requirements taking effect 

after the effective date of the program. 

The State’s up-front commitment and 

demonstrations (i.e., legal authorities 

and mechanisms to adopt additional 

section 112 requirements) coupled with 

EPA’s ability to review individual 

permits and to audit part 70 programs 

periodically should provide reasonable 

assurance of adequate State 

implementation.’’ The guidance further 

explains that, ‘‘The State, however, 

remains responsible for maintaining and 

enhancing as necessary its authority to 

implement section 112, including any 

new regulations. In light of the 

demonstrations and/or commitments 

required for part 70 approval, the EPA 

will presume that a State’s request for 

approval of its operating permits 

program will be an implicit request 

under section 112(l) for delegation of 

authority to implement Federallypromulgated section 112 requirements 

in the same form in which EPA issues 

them.’’ Our September 25, 1995, 112(l) 

delegation to Missouri remains in effect. 

V. Have the requirements for approval 

of a SIP revision been met? 

The state submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The State of Missouri provided 

the rule changes for public notice on 

September 29, 2016. The State of 

Missouri held a public hearing on the 

rule changes on October 29, 2016. The 

submission also satisfied the 

completeness criteria of 40 CFR part 51, 

appendix V. In addition, as explained 

above and in more detail in the 

technical support document which is 

part of this docket, the revision meets 

the substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. 

VI. What action is EPA taking? 

We are publishing this direct final 

rule without a prior proposed rule 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment. The Missouri 

conducted outreach with stakeholders 

prior to proposing the rule changes; and, 

conducted public notice on the rule 

changes. The Missouri received 

substantive comments on one topic, the 

fee for PAL renewal. Missouri revised 

the fee based on those comments. Based 

on the rulemaking history, we do not 

anticipate adverse comments. However, 

in the ‘‘Proposed Rules’’ section of this 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to approve the SIP and 

Operating Permit Program if adverse 

comments are received on this direct 

final rule. We will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. If EPA receives adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that this direct 

final rule will not take effect. We will 

address all public comments in any 

subsequent final rule based on the 

proposed rule. 

Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of Missouri Construction 

Permit Required Rule, 10 CSR 10–6.060, 

and Operating Permit Rule, 10 CSR 10– 

6.065. Therefore, these materials have 

been approved by EPA for inclusion in 

the State implementation plan, have 

been incorporated by reference by EPA 

into that plan, are fully Federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of EPA’s approval, and 

will be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

EPA has made, and will continue to 

make, these documents generally 

available electronically through 

www.regulations.gov and at the 

appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review under 

Executive Orders 12866 and 13563 (76 

FR 3821, January 21, 2011). This action 

is also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this 

rulemaking will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this rulemaking would 

approve pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

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). 

This action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). Thus Executive Order 

13132 does not apply to this action. 

This action merely approves a state rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

This rulemaking also is not subject to 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) because it approves a 

state rule implementing a Federal 

standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a state submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA when it reviews a state submission, 


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70028 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations 

to use VCS in place of a state 

submission that otherwise satisfies the 

provisions of the CAA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Burden is defined 

at 5 CFR 1320.3(b). 

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 proposed rule 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 rule 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 this 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 final 

rulemaking. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: September 27, 2016. 

Mike Brincks, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR parts 52 

and 70 as set forth below: 

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 AA—Missouri 

■ 2. Section 52.1320(c) is amended by 

revising the entries for 10–6.060 and 

10–6.065 to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State 

effective date EPA Approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of 

Missouri 

*******

10–6.060 ................. Construction Permits Required.3/30/16 10/11/16 and [Insert 

Federal Register 

citation].

—Provisions of the 2010 PM2.5 PSD—Increments, SILs and 

SMCs rule (75 FR 64865, October 20, 2010) relating to 

SILs and SMCs that were affected by the January 22, 

2013 U.S. Court of Appeals decision are not SIP approved. 

—Provisions of the 2002 NSR reform rule relating to the 

Clean Unit Exemption, Pollution Control Projects, and exemption from recordkeeping provisions for certain 

sources using the actual-to-projected-actual emissions 

projections test are not SIP approved. 

—In addition, we have not approved Missouri’s rule incorporating EPA’s 2007 revision of the definition of ‘‘chemical processing plants’’ (the ‘‘Ethanol Rule,’’ 72 FR 24060 

(May 1, 2007) or EPA’s 2008 ‘‘fugitive emissions rule,’’ 73 

FR 77882 (December 19, 2008). 

—Although exemptions previously listed in 10 CSR 10– 

6.060 have been transferred to 10 CSR 10–6.061, the 

Federally-approved SIP continues to include the following 

exemption, ‘‘Livestock and livestock handling systems 

from which the only potential contaminant is odorous 

gas.’’ 


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Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations 70029 

EPA-APPROVED MISSOURI REGULATIONS—Continued 

Missouri citation Title State 

effective date EPA Approval date Explanation 

—Section 9, pertaining to hazardous air pollutants, is not 

SIP approved. 

—The phrase ‘‘including the revision published at 75 FR 

31606–07 (effective August 2, 2010)’’ in subsection (8)(A) 

is not SIP approved. 

* * * * * * * 

10–6.065 ................. Operating Permits .. 3/30/16 10/11/16 and [Insert 

Federal Register 

citation].

Section (4) Basic State Operating Permits, has not been 

approved as part of the SIP. Subparagraphs (2)(A)2.A., 

(2)(A)2.B., and the words ‘‘except that’’ in paragraph 

(2)(A)2 have not been approved as part of the SIP. 

* * * * * * * 

* * * * * 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 3. The authority citation for part 70 

continues to read as follows: 

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

■ 4. Amend Appendix A to part 70 by 

adding paragraph (gg) under Missouri to 

read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Missouri 

* * * * * 

(gg) The Missouri Department of Natural 

Resources submitted revisions to Missouri 

rule 10 CSR 10–6.065, ‘‘Operating Permits’’ 

on April 6, 2016. We are approving this rule 

except for Section (4) which relates to the 

State Basic Operating Permits; Subparagraph 

(2)(A)2.A.; Subparagraph(2)(A)2.B.; and the 

words ‘‘except that’’ in Paragraph (2)(A)2. 

The state effective date is March 30, 2016. 

This revision is effective December 12, 2016. 

* * * * * 

[FR Doc. 2016–24375 Filed 10–7–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2003–0118; FRL–9953–72– 

OAR] 

RIN 2060–AG12 

Protection of Stratospheric Ozone: 

Determination 32 for Significant New 

Alternatives Policy Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Determination of acceptability. 

SUMMARY: This determination of 

acceptability expands the list of 

acceptable substitutes pursuant to the 

U.S. Environmental Protection Agency’s 

(EPA) Significant New Alternatives 

Policy (SNAP) program. This action lists 

as acceptable additional substitutes for 

use in the refrigeration and air 

conditioning sector and fire suppression 

and explosion protection sectors. 

DATES: This determination is effective 

on October 11, 2016. 

ADDRESSES: EPA established a docket 

for this action under Docket ID No. 

EPA–HQ–OAR–2003–0118 

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

All electronic documents in the docket 

are listed in the index at 

www.regulations.gov. Although listed in 

the index, some information is not 

publicly available, i.e., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Publicly available 

docket materials are available either 

electronically at www.regulations.gov or 

in hard copy at the EPA Air Docket 

(Nos. A–91–42 and EPA–HQ–OAR– 

2003–0118), EPA Docket Center (EPA/ 

DC), William J. Clinton West, Room 

3334, 1301 Constitution Avenue NW., 

Washington, DC 20460. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: 

Gerald Wozniak by telephone at (202) 

343–9624, by email at wozniak.gerald@

epa.gov, or by mail at U.S. 

Environmental Protection Agency, Mail 

Code 6205T, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460. Overnight 

or courier deliveries should be sent to 

the office location at 1201 Constitution 

Avenue NW., Washington, DC 20004. 

For more information on the Agency’s 

process for administering the SNAP 

program or criteria for the evaluation of 

substitutes, refer to the initial SNAP 

rulemaking published in the Federal 

Register on March 18, 1994 (59 FR 

13044). Notices and rulemakings under 

the SNAP program, as well as other EPA 

publications on protection of 

stratospheric ozone, are available at 

EPA’s Ozone Layer Protection Web site 

at www.epa.gov/ozone-layer-protection 

including the SNAP portion at 

www.epa.gov/snap/. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Listing of New Acceptable Substitutes 

A. Refrigeration and Air Conditioning 

B. Fire Suppression and Explosion 

Protection 

II. Section 612 Program 

A. Statutory Requirements and Authority 

for the SNAP Program 

B. EPA’s Regulations Implementing 

Section 612 

C. How the Regulations for the SNAP 

Program Work 

D. Additional Information About the SNAP 

Program 

Appendix A: Summary of Decisions for New 

Acceptable Substitutes 

I. Listing of New Acceptable Substitutes 

This action presents EPA’s most 

recent decision to list as acceptable 

several substitutes in the refrigeration 

and air conditioning and fire 

suppression and explosion protection 

sectors. New substitutes are: 

• R-448A in retail food refrigeration— 

refrigerated food processing and 

dispensing equipment; 

• R-449A in retail food refrigeration— 

refrigerated food processing and 

dispensing equipment; 

• R-449B in several refrigeration enduses; and 

• trans-1-chloro-3,3,3,-trifluoroprop1-ene in total flooding fire suppression. 

For copies of the full list of acceptable 

substitutes for ozone depleting 


ehiers on DSK5VPTVN1PROD with RULES