28718 Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a determination that this 

action is one of a category of actions 

which do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

involves the operating regulations or 

procedures for drawbridges. Normally 

such actions are categorically excluded 

from further review, under figure 2–1, 

paragraph (32)(e), of the Instruction. 

This rule simply promulgates the 

operating regulations or procedures for 

drawbridges. This action is categorically 

excluded from further review, under 

figure 2–1, paragraph (32)(e), of the 

Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 117.331 to read as follows: 

§ 117.331 Snake Creek. 

The draw of the Snake Creek Bridge, 

at Islamorada, Florida, will open on 

signal, except that from 7 a.m. to 6 p.m., 

the draw need open only on the hour. 

Dated: May 4, 2016. 

S. A. Buschman, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. 2016–10922 Filed 5–9–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R08–OAR–2015–0205; FRL–9945–64– 

Region 8] 

Designation of Areas for Air Quality 

Planning Purposes; Redesignation 

Request and Associated Maintenance 

Plan for Billings, MT 2010 SO2

Nonattainment Area 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State of 

Montana’s request to redesignate the 

Billings sulfur dioxide (SO2) 

nonattainment area to attainment for the 

2010 SO2 primary national ambient air 

quality standards (NAAQS). The EPA 

has determined that the Billings SO2

nonattainment area is attaining the 2010 

SO2 primary NAAQS. In addition, the 

EPA is approving Montana’s 

maintenance plan which provides for 

continued attainment of the 2010 SO2

primary NAAQS in the area. These 

actions are being taken under the Clean 

Air Act (CAA). 

DATES: This final rule is effective on 

June 9, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification Number EPA–R08–OAR– 

2015–0205. All documents in the docket 

are listed on the http://

www.regulations.gov index. Although 

listed in the index, some information 

may not be publicly available, e.g., 

Confidential Business Information or 

other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, 

Colorado, 80202–1129. EPA requests 

that you contact the individual listed in 

the FOR FURTHER INFORMATION CONTACT

section to view the hard copy of the 

docket. You may view the hard copy of 

the docket Monday through Friday, 8:00 

a.m. to 4:00 p.m., excluding federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Adam Clark, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–7104, clark.adam@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The EPA designated a portion of 

Billings, Montana, as nonattainment for 

the 2010 SO2 NAAQS on August 5, 

2013, (effective October 4, 2013) using 

2009–2011 ambient air quality data, 

leaving the remaining portion of Billings 

and Yellowstone County undesignated 

and subject to future analysis and 

designation. See 78 FR 47191 (August 5, 

2013). 

On January 16, 2015, the State 

submitted a request for the EPA to 

determine that the Billings SO2

nonattainment area has attained the 

2010 SO2 NAAQS per the EPA’s ‘‘clean 

data policy.’’ On December 14, 2015, the 

State submitted to the EPA a request for 

redesignation of the Billings 2010 SO2

nonattainment area to attainment and a 

SIP revision containing a maintenance 

plan for the area. 

On March 7, 2016, the EPA published 

a notice of proposed rulemaking (NPR) 

which proposed to approve the State’s 

requests. See 81 FR 11733. Specifically, 

the EPA proposed to take the following 

four separate but related actions: (1) 

Determine that the Billings SO2

nonattainment area is attaining the 2010 

1-hour SO2 NAAQS; (2) approve 

Montana’s plan for maintaining the 

2010 1-hour SO2 NAAQS (maintenance 

plan); (3) redesignate the Billings SO2

nonattainment area to attainment for the 

2010 1-hour SO2 NAAQS; and (4) 

determine that the Billings SO2

nonattainment area has clean 

monitoring data. The details of 

Montana’s submittal and the rationale 

for EPA’s proposed actions are 

explained in the NPR and will not be 

restated here. The EPA received two 

public comments on the NPR, both of 

which supported the proposed 

redesignation. We acknowledge these 

supportive comments. 

II. Final Action 

The EPA is taking final actions on the 

redesignation request and maintenance 


ehiers on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations 28719 

plan submitted by the State of Montana 

on December 14, 2015 for the Billings 

2010 SO2 nonattainment area. The EPA 

is approving Montana’s redesignation 

request because we have determined 

that the request meets the redesignation 

criteria set forth in section 107(d)(3)(E) 

of the CAA for this standard. The EPA 

finds that the monitoring data 

demonstrate that the area has attained 

the 2010 SO2 NAAQS, and continues to 

attain the NAAQS as a result of the 

permanent and enforceable shutdown of 

the PPL Corette facility, whose 

emissions in 2009–2011 had been 

responsible for the area not previously 

meeting the NAAQS. The EPA is also 

approving the associated maintenance 

plan for the Billings 2010 SO2

nonattainment area as a revision to the 

Montana SIP for the 2010 SO2 NAAQS 

because it meets the requirements of 

section 175A of the CAA. Approval of 

this redesignation request will change 

the official designation of the Billings 

2010 SO2 nonattainment area to 

attainment for the 2010 SO2 NAAQS. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

CAA 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, these actions 

merely approve state law as meeting 

federal requirements and do not impose 

additional requirements beyond those 

imposed by state law. For this reason, 

these actions: 

• Are not significant regulatory 

actions 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); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have federalism implications 

as specified in Executive Order 13132 

(64 FR 43255, August 10, 1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 

• Do 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 does not apply on 

any Indian reservation land or in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the final 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). 

B. Congressional Review Act 

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). 

C. Petitions for Judicial Review 

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 July 11, 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, Sulfur dioxide. 

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

Dated: April 18, 2016. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR parts 52 and 81 are 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 BB—Montana 

■ 2. Section 52.1370, paragraph (e), 

under ‘‘(9) Yellowstone County’’ is 

amended by adding the entry ‘‘Billings 

2010 SO2 Maintenance Plan’’ at the end 

of the table to read as follows: 

§ 52.1370 Identification of plan. 

* * * * * 

(e) * * * 


ehiers on DSK5VPTVN1PROD with RULES
28720 Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations 

Title/subject State effective 

date 

Notice of final rule 

date NFR citation 

*******

(9) Yellowstone County 

*******

Billings 2010 SO2 Maintenance Plan ......................................................................... 12/14/2015 5/10/2016 ............... [Insert Federal 

Register citation]. 

■ 3. Section 52.1398 is added to read as 

follows: 

§ 52.1398 Control strategy: Sulfur dioxide. 

(a) Redesignation to attainment. The 

EPA has determined that the Billings 

2010 sulfur dioxide (SO2) 

nonattainment area has met the criteria 

under CAA section 107(d)(3)(E) for 

redesignation from nonattainment to 

attainment for the 2010 1-hour SO2

NAAQS. The EPA is therefore 

redesignating the Billings 2010 SO2

nonattainment area to attainment. 

(b) The EPA is approving the 

maintenance plan for the Billings 

nonattainment area for the 2010 SO2

NAAQS submitted by the State of 

Montana on December 14, 2015. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 4. The authority citation for part 81 

continues to read as follows: 

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

Subpart C—Section 107 Attainment 

Status Designations 

■ 5. Section 81.327, table ‘‘Montana— 

2010 Sulfur Dioxide NAAQS (Primary)’’ 

is amended by revising the entry for 

‘‘Yellowstone County (part)’’ to read as 

follows: 

§ 81.327 Montana. 

* * * * * 

Designated area 

Designation 

Date Type 

*******

Yellowstone County (part) .................................................................................................................... 5/10/2016 Attainment. 

The area originates at the point defined as the southwest corner of Section 11, Township 1S, 

Range 26E. From that point the boundary proceeds north along the western section line of Section 11 to the point of intersection with the midline of Interstate Highway 90. From that point the 

boundary follows the midline of Interstate Highway 90, across the Yellowstone River, to the point 

where the highway midline intersects the northern boundary of Section 35, Township 1N, Range 

26E. From that point the boundary proceeds east along the northern section line of Sections 35 

and 36 to the point where Old US 87/Hardin Road leaves the section line and turns southeast. 

The boundary follows the midline of Old US 87/Hardin Road southeast to the point where the 

road intersects the western boundary of the SE 1/4 of the SE 1/4 of Section 31, Township 1N, 

Range 27E. From that point the boundary proceeds south along the 1/4 section line to the 

southern boundary of Township 1N, then east to the northeast corner of Section 5, Township 

1S, Range 27E. The boundary then proceeds south along the eastern section line of sections 5 

and 8 to the southeast corner of Section 8, Township 1S, Range 27E, where it turns west and 

follows the south section line of Sections 8 and 7, Township 1S, Range 27E; and Sections 12 

and 11, Township 1S, Range 26E, back to the point of origin.

* * * * * 

[FR Doc. 2016–10451 Filed 5–9–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 258 

[EPA–HQ–RCRA–2015–0126; FRL–9943–87– 

OLEM] 

RIN 2050–AG75 

Revision to the Research, 

Development and Demonstration 

Permits Rule for Municipal Solid Waste 

Landfills 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is publishing a final rule 

to revise the maximum permit term for 

Municipal Solid Waste Landfill 

(MSWLF) units operating under 

Research, Development and 

Demonstration (RD&D) permits. The 

RD&D permit program, which began in 

2004, allows landfill facilities to utilize 

innovative methods that vary from the 

run-on control systems, liquids 

restrictions, and final cover criteria 

prescribed in 40 CFR part 258 if these 

systems are determined by the Director 

of an approved State to be at least as 

protective as those criteria. The current 

rule limits permits for these units to 

three years, and they are renewable 

three times for a total permit term of 12 

years. This revision allows the Director 

of an approved State to increase the 


ehiers on DSK5VPTVN1PROD with RULES