1124 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations 

1Some portions of the 2011 version of the 

regulations now being approved were previously 

approved by EPA. These portions remain the same 

in substance but may have undergone 

administrative updates and renumbering in the 

2011 version. 2EPA’s regulations governing the implementation 

of NSR permitting programs are contained in 40 

CFR 51.160–51.166; 52.21, 52.24; and part 51, 

appendix S. The CAA NSR program is composed 

of three separate programs: PSD, NNSR, and Minor 

NSR. PSD is established in part C of title I of the 

CAA and applies in areas that meet the NAAQS— 

‘‘attainment areas’’—as well as areas where there is 

insufficient information to determine if the area 

meets the NAAQS—‘‘unclassifiable areas.’’ The 

NNSR program is established in part D of title I of 

the CAA and applies in areas that are not in 

attainment of the NAAQS—‘‘nonattainment areas.’’ 

The Minor NSR program addresses construction or 

modification activities that do not qualify as 

‘‘major’’ and applies regardless of the designation 

of the area in which a source is located. Together, 

these programs are referred to as the NSR programs. 

3The D.C. Circuit vacated the portions of the 

PM2.5 PSD Increment-SILs-SMC Rule addressing the 

SMC and SILs (and remanded the SILs portion to 

EPA for further consideration) for PSD, but left the 

PM2.5 SILs in place for the NSR program in the table 

in § 51.165(b)(2). See Sierra Club v. EPA, 705 F.3d 

458 (D.C. Cir. 2013). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0079; FRL–9940–89– 

Region 4] 

Air Plan Approval; Alabama: 

Nonattainment New Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve portions of a revision to the 

Alabama State Implementation Plan 

(SIP) submitted by the Alabama 

Department of Environmental 

Management (ADEM) to EPA on May 2, 

2011. The SIP revision modifies 

Alabama’s nonattainment new source 

review (NNSR) regulations in their 

entirety to be consistent with the federal 

new source review (NSR) regulations for 

the implementation of the criteria 

pollutant national ambient air quality 

standards (NAAQS). EPA is approving 

portions of the NNSR rule changes in 

Alabama’s May 2, 2011, SIP revision 

because the Agency has determined that 

the changes are consistent with the 

Clean Air Act (CAA or Act) and federal 

regulations regarding NNSR permitting. 

DATES: This rule will be effective 

February 10, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0079. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not 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: For 

information regarding the Alabama SIP, 

contact Mr. D. Brad Akers, Air 

Regulatory Management Section, Air 

Planning and Implementation Branch, 

Pesticides and Toxics Management 

Division, Region 4, U.S. Environmental 

Protection Agency, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. Mr. 

Akers can be reached by telephone at 

(404) 562–9089 or via electronic mail at 

akers.brad@epa.gov. For information 

regarding NSR, contact Ms. Yolanda 

Adams, Air Permits Section, at the same 

address above. Telephone number: (404) 

562–9214; email address: 

adams.yolanda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA is taking final action to approve 

the portion of Alabama’s May 2, 2011, 

SIP revision that makes changes to 

Alabama’s NNSR program, set forth at 

ADEM Administrative Code, Division 3, 

Chapter 14, Subchapter .05 (ADEM Rule 

335–3–14–.05), which applies to the 

construction and modification of any 

major stationary source in or near a 

nonattainment area (NAA) as required 

by part D of title I of the CAA. 

Alabama’s NNSR regulations at ADEM 

Rule 335–3–14–.05 were originally 

approved into the SIP on November 26, 

1979 (see 44 FR 67375), with periodic 

revisions approved through December 8, 

2000 (see 65 FR 76938). Alabama’s May 

2, 2011, SIP revision modifies the 

State’s NNSR regulations in their 

entirety 1 with a new version that 

reflects changes to the federal NNSR 

regulations at 40 Code of Federal 

Regulations (CFR) 51.165,2 including 

provisions promulgated in the following 

federal rules: (1) ‘‘Requirements for 

Preparation, Adoption and Submittal of 

Implementation Plans; Approval and 

Promulgation of Implementation Plans; 

Standards of Performance for New 

Stationary Sources,’’ Final Rule, 57 FR 

32314 (July 21, 1992) (hereafter referred 

to as the Wisconsin Electric Power 

Company (WEPCO) Rule); (2) 

‘‘Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Baseline Emissions 

Determination, Actual-to-Future-Actual 

Methodology, Plantwide Applicability 

Limitations, Clean Units, Pollution 

Control Projects,’’ Final Rule, 67 FR 

80186 (December 31, 2002) (hereafter 

referred to as the NSR Reform Rule); (3) 

‘‘Prevention of Significant Deterioration 

(PSD) and Non-Attainment New Source 

Review (NSR): Reconsideration,’’ Final 

Rule, 68 FR 63021 (November 7, 2003) 

(hereafter referred to as the 

Reconsideration Rule); (4) ‘‘Prevention 

of Significant Deterioration (PSD) and 

Non-Attainment New Source Review 

(NSR): Removal of Vacated Elements,’’ 

Final Rule, 72 FR 32526 (June 13, 2007) 

(hereafter referred to as the Vacated 

Elements Rule); (4) ‘‘Prevention of 

Significant Deterioration and 

Nonattainment New Source Review: 

Reasonable Possibility in 

Recordkeeping,’’ Final Rule, 72 FR 

72607 (December 21, 2007), (hereafter 

referred to as the Reasonable Possibility 

Rule); (5) ‘‘Final Rule To Implement the 

8-Hour Ozone National Ambient Air 

Quality Standard—Phase 2; Final Rule 

To Implement Certain Aspects of the 

1990 Amendments Relating to New 

Source Review and Prevention of 

Significant Deterioration as They Apply 

in Carbon Monoxide, Particulate Matter 

and Ozone NAAQS; Final Rule for 

Reformulated Gasoline,’’ Final Rule, 70 

FR 71612 (November 29, 2005) 

(hereafter referred to as the Phase 2 

Rule); (6) ‘‘Implementation of the New 

Source Review (NSR) Program for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5),’’ Final Rule, 73 FR 

28321 (May 16, 2008) (hereafter referred 

to as the NSR PM2.5 Rule); (7) 

‘‘Prevention of Significant Deterioration 

(PSD) for Particulate Matter Less Than 

2.5 Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC),’’ Final Rule, 75 FR 64864 

(October 20, 2010) (hereafter referred to 

as the PM2.5 PSD Increments-SILs-SMC 

Rule 3); and (8) ‘‘Prevention of 

Significant Deterioration (PSD) and 

Nonattainment New Source Review 

(NSR): Reconsideration of Inclusion of 

Fugitive Emissions; Interim Rule; Stay 

and Revisions’’, Interim Rule, 76 FR 

17548 (March 30, 2011) (hereafter 

referred to as the Fugitive Emissions 

Interim Rule). 


Lhorne on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations 1125 

4Alabama’s changes to its NNSR regulations (at 

335–3–14–.05(1)(k)) exclude ‘‘chemical process 

plants’’ that produce ethanol through a natural 

fermentation process from the NSR major source 

permitting requirement as promulgated in the 

Ethanol Rule (as amended at 40 CFR 51.165). See 

72 FR 24060 (May 1, 2007). However, due to a 

petition by Natural Resources Defense Council to 

reconsider the rule, EPA is not proposing to take 

action to approve this provision into the Alabama 

SIP at this time. Pending final resolution, EPA will 

make a final determination on action regarding this 

portion of Alabama’s SIP revision. 

5The provision in question was originally 

approved into the CFR in the December 19, 2008 

(73 FR 77882) final rule concerning the treatment 

of fugitive emissions for the purposes of NSR 

applicability. On April 24, 2009, EPA agreed to 

reconsider the approach to handling fugitive 

emissions and granted a 3-month administrative 

stay of the December 19, 2008 rule. After several 

stays, this provision was stayed indefinitely in the 

March 30, 2011 (76 FR 17548) Fugitive Emissions 

Interim Rule, pending a final reconsideration from 

EPA. For more information on fugitive emissions in 

NSR, see the September 1, 2015 proposed 

rulemaking (80 FR 52701) or refer to the Docket for 

this rulemaking. 

6For more information on the withdrawal of 

these elements from the initial May 2, 2011, 

submittal, see the September 1, 2015, proposed 

rulemaking (80 FR 52701) or refer to the Docket for 

this rulemaking. 

EPA is not, however, approving into 

the Alabama SIP the portion of ADEM 

Rule 335–3–14–.05(1)(k) stating 

‘‘excluding ethanol production facilities 

that produce ethanol by natural 

fermentation,’’ which Alabama 

promulgated pursuant to the federal rule 

entitled ‘‘Prevention of Significant 

Deterioration, Nonattainment New 

Source Review, and Title V: Treatment 

of Certain Ethanol Production Facilities 

Under the ‘Major Emitting Facility’ 

Definition,’’ Final Rule, 72 FR 24060 

(May 1, 2007) (or the Ethanol Rule).4

EPA is also not acting on the provision 

at Rule 335–3–14–.05(2)(c)3 that 

excludes fugitive emissions from the 

determinion of creditable emission 

increases and decreases.5 Finally, EPA 

is not acting on changes to ADEM’s 

rules regarding the PM2.5 significant 

impact levels (SILs) for PSD at Rule 

335–3–14–.04(8)(h)1., the NNSR 

interpollutant offset ratios at ADEM 

Rule 335–3–14–.05(3)(g)1–4 and the 

sentence including those ratios which 

states ‘‘Interpollutant offsets shall be 

determined based upon the following 

ratios,’’ or the ‘‘actual-to-potential’’ 

NNSR applicability test at ADEM Rule 

335–3–14–.05(1)(h), all of which ADEM 

withdrew from EPA’s consideration 

subsequent to the May 2, 2011 

submittal.6

On September 1, 2015, EPA published 

a proposed rulemaking to approve the 

aforementioned changes to the Alabama 

NNSR program at ADEM Rule 335–3– 

14–.05. See 80 FR 52701. Comments on 

the proposed rulemaking were due on or 

before October 1, 2015. No comments, 

adverse or otherwise, were received on 

EPA’s September 1, 2015, proposed 

rulemaking. Pursuant to section 110 of 

the CAA, EPA is now taking final action 

to approve the changes to Alabama’s 

NNSR program as provided in the 

September 1, 2015, proposed 

rulemaking. The proposed rulemaking 

contains more detailed information 

regarding Alabama’s SIP revision being 

approved today, and the rationale for 

this final action. More detailed 

information on the NNSR program can 

be found in the September 1, 2015, 

proposed rulemaking as well as the 

aforementioned final rulemakings. 

II. This Action 

Alabama currently has a SIP-approved 

NSR program for new and modified 

stationary sources found in ADEM 

regulations at Chapter 335–3–14. 

ADEM’s NNSR preconstruction 

regulations are found at Chapter 335–3– 

14–.05 and apply to major stationary 

sources or modifications constructed in 

or impacting upon a nonattainment area 

as required under part D of title I of the 

CAA with respect to the NAAQS. The 

changes to Chapter 335–3–14–.05 that 

EPA is now approving into the SIP were 

provided to update the existing 

provisions to be consistent with the 

current federal NNSR rules, including 

the WEPCO Rule, 2002 NSR Reform 

Rule (and associated Reconsideration 

Rule and Vacated Elements Rule), Phase 

2 Rule, NSR PM2.5 Rule, PM2.5 PSDIncrement-SILs-SMC Rule, and Fugitive 

Emissions Interim Rule. These changes 

to ADEM’s regulations became state 

effective on May 23, 2011. 

III. 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 portions of ADEM 

Regulation Chapter 335–3–14–.05 

entitled ‘‘Air Permits Authorizing 

Construction in or Near Non-Attainment 

Areas,’’ effective May 23, 2011, with 

revisions and additions to applicability, 

definitions, permitting requirements, 

offset rules, area classifications, air 

quality models, control technology 

review, air quality monitoring, source 

information, source obligation, 

innovative control technology, and 

actuals plantwide applicability limits, 

and with administrative changes 

throughout. EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the EPA Region 4 office 

(see the ADDRESSES section of this 

preamble for more information). 

IV. Final Action 

EPA is taking final action to approve 

the portions of Alabama’s May 2, 2011, 

submission that make changes to 

Alabama’s SIP-approved NNSR 

regulations set forth at ADEM Rule 335– 

3–14–.05, with the exceptions noted 

above. ADEM submitted the proposed 

changes to its NNSR SIP to be consistent 

with amendments to the federal 

regulations made by the WEPCO Rule, 

the 2002 NSR Reform Rule (and 

associated Reconsideration Rule and 

Vacated Elements Rule), Phase 2 Rule, 

NSR PM2.5 Rule, PM2.5 PSD IncrementSILs-SMC Rule, and the Fugitive 

Emissions Interim Rule. The Agency is 

approving these changes to the Alabama 

SIP because they are consistent with 

section 110 of the CAA and EPA 

regulations. 

V. 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); 


Lhorne on DSK5TPTVN1PROD with RULES
1126 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations 

• 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 March 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Nitrogen oxides, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 18, 2015. 

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 B—Alabama 

■ 2. Section 52.50(c) is amended under 

Chapter 335–3–14 by revising the entry 

for ‘‘Section 335–3–14–.05’’ to read as 

follows: 

§ 52.50 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED ALABAMA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

Chapter No. 335–3–14 Air Permits 

*******

Section 335–3–14–.05 ... Air Permits Authorizing 

Construction in or 

Near Nonattainment 

Areas.

5/23/2011 1/11/2016 [Insert citation of publication].With the exception of: The portion of 335–3–14– 

.05(1)(k) stating ‘‘excluding ethanol production 

facilities that produce ethanol by natural fermentation’’; and 335–3–14–.05(2)(c)3 (addressing fugitive emission increases and decreases). Also with the exception of the statewithdrawn elements: 335–3–14–.05(1)(h) (the 

actual-to-potential test for projects that only involve existing emissions units); the last sentence at 335–3–14–.05(3)(g), stating ‘‘Interpollutant offsets shall be determined based 

upon the following ratios’’; and the NNSR 

interpollutant ratios at 335–3–14–.05(3)(g)1–4. 

* * * * * * * 

* * * * * 

[FR Doc. 2015–33197 Filed 1–8–16; 8:45 am] 

BILLING CODE 6560–50–P 


Lhorne on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations 1127 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0388; FRL–9940–86– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Infrastructure 

and Interstate Transport State 

Implementation Plan for the 2010 

Sulfur Dioxide National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

a State Implementation Plan (SIP) 

submission from the State of Texas for 

the Sulfur Dioxide (SO2) National 

Ambient Air Quality Standards 

(NAAQS). The submittal addresses how 

the existing SIP provides for 

implementation, maintenance, and 

enforcement of the 2010 SO2 NAAQS 

(infrastructure SIP or i-SIP). This i-SIP 

ensures that the State’s SIP is adequate 

to meet the state’s responsibilities under 

the Federal Clean Air Act (CAA). 

DATES: This final rule is effective on 

February 10, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2013–0388. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 http://

www.regulations.gov or in hard copy at 

EPA Region 6, 1445 Ross Avenue, Suite 

700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Nevine Salem, 214–665–7222, 

salem.nevine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

I. Background 

The background for this action is 

discussed in detail in our October 6, 

2015 proposal (80 FR 60314). In that 

document, we proposed to approve 

portions of the SIP submittal from the 

State of Texas adopted on April 23, 

2013, and submitted on May 6, 2013. 

The submittal addresses how the 

existing SIP provides for 

implementation, maintenance, and 

enforcement of the 2010 SO2 NAAQS. 

This i-SIP ensures that the State’s SIP is 

adequate to meet the state’s 

responsibilities under the CAA. We did 

not receive any comments regarding our 

proposal. 

II. Final Action 

EPA is approving portions of the May 

6, 2013, infrastructure SIP submission 

from Texas, which addresses the 

requirements of CAA sections 110(a)(1) 

and (2) as applicable to the 2010 SO2

NAAQS. Specifically, EPA is approving 

the following infrastructure elements, or 

portions thereof: 110(a)(2)(A), (B), (C), 

(D)(i)(II) (PSD portion), D(ii), (E), (F), 

(G), (H), (J), (K), (L), and (M). EPA is not 

taking action on: The portion pertaining 

to section 110(a)(2)(D)(i)(I), which 

concerns interstate pollution transport 

affecting attainment and maintenance of 

the NAAQS and the portion pertaining 

to section 110(a)(2)(D)(i)(II) pertaining to 

visibility protection. 

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. 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 11, 2016. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposed 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).) 


Lhorne on DSK5TPTVN1PROD with RULES