Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations 63451 

EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS—Continued 

Name of nonregulatory 

SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal 

date/effective 

date 

EPA approved 

date Comments 

Section 110(a)(2) Infrastructure Requirements for the 2010 nitrogen dioxide (NO2) 

NAAQS.

Statewide .......... 6/12/2014 (submittal 

date).

10/20/2015, [insert Federal Register citation].This action addresses the following CAA 

elements: 110(a)(2)(A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and (M). We are 

not taking action on the visibility portion of 

(D)(i)(II) or the state board requirements 

of (E)(ii). We will address these requirements in a separate action. EPA is disapproving the elements related to the prevention of significant deterioration, specifically as they pertain to section 

110(a)(2)(C), (D)(i)(II), (D)(ii), and (J); 

however, Minnesota continues to implement the Federally promulgated rules for 

this purpose. 

Section 110(a)(2) Infrastructure Requirements for the 2010 

sulfur dioxide (SO2) 

NAAQS.

Statewide .......... 6/12/2014 (submittal 

date).

10/20/2015, [insert Federal Register citation].This action addresses the following CAA 

elements: 110(a)(2)(A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and (M). We are 

not taking action on (D)(i)(I), the visibility 

portion of (D)(i)(II), or the state board requirements of (E)(ii). We will address 

these requirements in a separate action. 

EPA is disapproving the elements related 

to the prevention of significant deterioration, specifically as they pertain to section 

110(a)(2)(C), (D)(i)(II), (D)(ii), and (J); 

however, Minnesota continues to implement the Federally promulgated rules for 

this purpose. 

Section 110(a)(2) Infrastructure Requirements for the 2012 

fine particulate matter 

(PM2.5) NAAQS.

Statewide .......... 6/12/2014 (submittal 

date).

10/20/2015, [insert Federal Register citation].This action addresses the following CAA 

elements: 110(a)(2)(A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and (M). We are 

not taking action on (D)(i)(I), the visibility 

portion of (D)(i)(II), or the state board requirements of (E)(ii). We will address 

these requirements in a separate action. 

EPA is disapproving the elements related 

to the prevention of significant deterioration, specifically as they pertain to section 

110(a)(2)(C), (D)(i)(II), (D)(ii), and (J); 

however, Minnesota continues to implement the Federally promulgated rules for 

this purpose. 

[FR Doc. 2015–25969 Filed 10–19–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–RO5–OAR–2014–0657; FRL–9935–63– 

Region 5] 

Air Plan Approval; Michigan; 2006 

PM2.5 and 2008 Lead NAAQS State 

Board Infrastructure SIP Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

state implementation plan (SIP) 

submissions from Michigan regarding 

state board requirements of section 110 

of the Clean Air Act (CAA) for the 2006 

fine particulate matter (PM2.5) and 2008 

lead National Ambient Air Quality 

Standards (NAAQS). The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. 

DATES: This direct final rule will be 

effective December 21, 2015, unless EPA 

receives adverse comments by 

November 19, 2015. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2014–0657 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

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63452 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID. EPA–R05–OAR–2014–0657. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. 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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Sarah 

Arra, Environmental Scientist, at (312) 

886–9401 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Arra, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–9401, 

arra.sarah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background of these SIP 

submissions? 

II. What is EPA’s review of these SIP 

submissions? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background of these SIP 

submissions? 

This rulemaking addresses 

submissions from the Michigan 

Department of Environmental Quality 

(MDEQ) for the 2006 PM2.5 and 2008 

lead NAAQS. MDEQ submitted its 

infrastructure SIPs on the following 

dates: 2006 PM2.5—August 15, 2011, 

supplemented on July 9, 2012; 2008 

lead—April 3, 2012, supplemented 

August 9, 2013. On July 10, 2014, 

MDEQ requested that new rules related 

to state board requirements which it had 

submitted to be incorporated into the 

SIP also apply to its 2006 PM2.5 and 

2008 lead NAAQS infrastructure SIPs. 

The requirement for states to make a 

SIP submission of this type arises out of 

CAA section 110(a)(1). Pursuant to 

section 110(a)(1), states must make SIP 

submissions ‘‘within 3 years (or such 

shorter period as the Administrator may 

prescribe) after the promulgation of a 

national primary ambient air quality 

standard (or any revision thereof),’’ and 

these SIP submissions are to provide for 

the ‘‘implementation, maintenance, and 

enforcement’’ of such NAAQS. The 

statute directly imposes on states the 

duty to make these SIP submissions, 

and the requirement to make the 

submissions is not conditioned upon 

EPA’s taking any action other than 

promulgating a new or revised NAAQS. 

Section 110(a)(2) includes a list of 

specific elements that ‘‘[e]ach such 

plan’’ submission must address. 

This specific rulemaking is taking 

action only on the state board element 

of the Michigan submittal. The majority 

of the other infrastructure elements for 

the 2006 PM2.5 NAAQS were addressed 

on October 29, 2012 (77 FR 65478). The 

other infrastructure elements for the 

2008 lead NAAQS were addressed on 

July 16, 2014 (79 FR 41439). The 

infrastructure element for state board 

requirements is found in CAA 

110(a)(2)(E). For further discussion on 

the background of infrastructure 

submittals, see 77 FR 45992. 

II. What is EPA’s review of these SIP 

submissions? 

On September 13, 2013, EPA issued 

‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements 

under Clean Air Act Sections 110(a)(1) 

and 110(a)(2)’’ (2013 Memo). As noted 

in the 2013 Memo, pursuant to CAA 

section 110(a), states must provide 

reasonable notice and opportunity for 

public hearing for all infrastructure SIP 

submissions. MDEQ provided public 

comment opportunities on both 

submittals on which EPA is acting in 

this direct final rule. MDEQ provided a 

detailed synopsis of how various 

components of its SIP meet each of the 

applicable requirements in section 

110(a)(2) for the 2006 PM2.5 and 2008 

lead NAAQS, as applicable. The 

following review only evaluates the 

state’s submissions for CAA section 

110(a)(2)(E)(ii) requirements. 

Section 110(a)(2)(E)(ii) requires each 

SIP to contain provisions that comply 

with the state board requirements of 

section 128 of the CAA. That provision 

contains two explicit requirements: (1) 

That any board or body which approves 

permits or enforcement orders under 

this chapter shall have at least a 

majority of members who represent the 

public interest and do not derive any 

significant portion of their income from 

persons subject to permits and 

enforcement orders under this chapter, 

and (2) that any potential conflicts of 

interest by members of such board or 

body or the head of an executive agency 

with similar powers be adequately 

disclosed. The 2013 Memo specifies that 

the provisions that implement CAA 

section 128 must be contained within 

the SIP. ‘‘EPA would not approve an 

infrastructure SIP submission that only 

provides a narrative description of 

existing air agency laws, rules, and 

regulations that are not approved into 

the SIP to address CAA section 128 

requirements.’’ 2013 Memo at 42. 

On July 10, 2014, MDEQ submitted 

Civil Service Rule 2–8.3(a)(1) for 

incorporation into the SIP, pursuant to 

section 128 of the CAA. EPA approved 

this rule as satisfying CAA section 128 

requirements on August 31, 2015 (see 80 

FR 52399). On July 10, 2014, MDEQ 

requested that these rules satisfy not 

only the applicable requirements of 

section 128 of the CAA, but that they 

satisfy any applicable requirements of 

section 110(a)(2)(E) for the 2006 PM2.5

and 2008 lead NAAQS. Therefore, EPA 

finds that MDEQ has satisfied the 

applicable infrastructure SIP 

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Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations 63453 

requirements for this section of 

110(a)(2)(E) for the 2006 PM2.5 and 2008 

lead NAAQS. 

III. What action is EPA taking? 

EPA is approving the state board 

related infrastructure requirement for 

Michigan’s 2006 PM2.5 and 2008 lead 

NAAQS submittals as satisfying the 

infrastructure SIP requirements in CAA 

sections 110(a)(2)(E)(ii). 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective December 21, 2015 without 

further notice unless we receive relevant 

adverse written comments by November 

19, 2015. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

If we do not receive any comments, this 

action will be effective December 21, 

2015. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 21, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of 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 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: October 5, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. In § 52.1170, the table in paragraph 

(e) is amended by revising the entries 

for ‘‘Section 110(a)(2) Infrastructure 

Requirements for the 2006 24-Hour 

PM2.5 NAAQS’’ and ‘‘Section 110(a)(2) 

Infrastructure Requirements for the 2008 

lead (Pb) NAAQS’’ to read as follows: 

§ 52.1170 Identification of plan. 

* * * * * 

(e) * * * 

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63454 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations 

EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Name of nonregulatory 

SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State submittal date EPA approval date Comments 

*******

Section 110(a)(2) Infrastructure Requirements for the 2006 

24-Hour PM2.5

NAAQS.

Statewide .......... 8/15/2011, 7/9/2012, 

7/10/2014 ......................

10/20/2015, [Insert Federal Register citation].This action addresses the following CAA 

elements: 110(a)(2)(A), (B), (C), (D)(i)(II), 

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

(M). We are not taking action on the visibility protection requirements of (D)(i)(II). 

We will address this requirements in a 

separate action. 

* * * * * * * 

Section 110(a)(2) Infrastructure Requirements for the 2008 

lead (Pb) NAAQS.

Statewide .......... 4/3/2012, 8/9/2013, 

7/10/2014 ......................

10/20/2015, [insert Federal Register citation].This action addresses the following CAA 

elements: 110(a)(2)(A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and (M). 

[FR Doc. 2015–26312 Filed 10–19–15; 8:45 am] 

BILLING CODE 6560–50–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 1206, 1210, 1211, 1216, 

1217, 1218, 1220, 1222, 1226, and 2556 

RIN 3045–AA36 

Volunteers in Service to America 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Final rule. 

SUMMARY: The Corporation for National 

and Community Service (CNCS) 

publishes new regulations under the 

Domestic Volunteer Service Act of 1973, 

as amended, and the National and 

Community Service Act of 1990, as 

amended, for the Volunteers in Service 

to America (VISTA) program, including 

certain changes to update existing 

regulations. 

DATES: This rule is effective January 19, 

2016. 

FOR FURTHER INFORMATION CONTACT: 

Calvin Dawson, AmeriCorps VISTA, at 

the Corporation for National and 

Community Service, 1201 New York 

Avenue NW., Washington, DC 20525, 

phone 202–606–6897. The TDD/TTY 

number is 800–833–3722. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Economic Opportunity Act of 

1964 created the Volunteers in Service 

to America (VISTA) program. The 

VISTA program, sometimes referred to 

as the domestic Peace Corps, has 

operated since the first VISTA 

volunteers (VISTAs or VISTA members) 

were placed in service in December 

1964. 

In 1971, the VISTA program was 

transferred from the Office of Economic 

Opportunity to the former Federal 

agency, ACTION (the Federal Domestic 

Volunteer Agency). In 1973, Congress 

enacted the Domestic Volunteer Service 

Act of 1973 (DVSA), the VISTA 

program’s enabling legislation. The 

VISTA program continues to retain its 

purpose, as stated in the DVSA, ‘‘to 

strengthen and supplement efforts to 

eliminate and alleviate poverty and 

poverty-related problems in the United 

States by encouraging and enabling 

individuals from all walks of life, all 

geographical areas, and all age groups, 

including low-income individuals, 

elderly and retired Americans, to 

perform meaningful and constructive 

volunteer service in agencies, 

institutions, and situations where the 

application of human talent and 

dedication may assist in the solution of 

poverty and poverty-related problems 

and secure and exploit opportunities for 

self-advancement by individuals 

afflicted with such problems.’’ 

In 1994, the Corporation for National 

and Community Service (CNCS) was 

established pursuant to the National and 

Community Service Trust Act of 1993; 

at this time, the operations of all service 

programs previously administered by 

ACTION, including the VISTA program, 

began to be administered by CNCS. The 

VISTA program also became known as 

the AmeriCorps VISTA program, one of 

three AmeriCorps programs now 

administered by CNCS. The other two 

programs were, and continue to be: (1) 

The AmeriCorps State and National 

program; and (2) the AmeriCorps 

National Civilian Community Corps 

(NCCC). Since 1994, the VISTA program 

continues to be primarily operated and 

administered under the DVSA. The 

other two AmeriCorps programs are 

operated under the National and 

Community Service Act of 1990 

(NCSA). 

In 2009, Congress enacted the Edward 

M. Kennedy Serve America Act of 2009 

(Serve America Act), which contained 

certain amendments to both the DVSA 

and the NCSA. With regard to the 

VISTA program, the Serve America Act 

amendments largely related to the Segal 

AmeriCorps Education Award, a type of 

end-of-service award for which a VISTA 

member may be eligible upon successful 

completion of a term of VISTA service. 

II. Scope of Final Rule 

This rule covers core aspects of the 

VISTA program: (a) Entities that are 

sponsors for VISTA projects; and (b) 

individuals who are applicants, 

candidates, and VISTAs (including 

VISTA leaders and VISTA summer 

associates), serving at project sites. This 

rule has four purposes. 

First, it conforms the existing 

regulations to the fact that CNCS 

administers the VISTA program. 

References in the existing regulations to 

the former Federal agency, ACTION, 

and the administrative structure of 

ACTION are changed to reflect CNCS 

and its administrative structure. 

Second, this rule codifies the VISTA 

rules in the same location as the rules 

for CNCS’s other programs. The existing 

VISTA regulations are codified at 45 

CFR parts 1206, 1210, 1211, 1216–1220, 

1222, and 1226. This rule places the 

VISTA regulations within the 

regulations for CNCS and the other 

CNCS programs at 45 CFR parts 2505– 

2556. 

On a related note, existing program 

regulations at 45 CFR parts 1206, 1216, 

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