Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations 45417 

in accordance with § 721.160(c)(3)(ii), 

EPA is withdrawing the direct final 

SNURS issued for the following 

chemical substances, which were the 

subject of PMNs: Functionalized carbon 

nanotubes (generic), (PMN P–15–276), 

Diisocyanato hexane, homopolymer, 

alkanoic acid-polyalkylene glycol ether 

with substituted alkane (3:1) reaction 

products-blocked (generic), (PMN P–15– 

378), and Modified diphenylmethane 

diisocyanate prepolymer with polyol 

(generic), (PMN P–15–559). EPA intends 

to publish proposed SNURs for the 

chemical substances identified in this 

document. 

For further information regarding 

EPA’s direct final rulemaking 

procedures for issuing SNURs, see 40 

CFR part 721, subpart D, and the 

Federal Register of July 27, 1989 (54 FR 

31314). 

III. Good Cause Finding 

EPA determined that this document is 

not subject to the 30-day delay of 

effective date generally required by the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(d)) because of the time 

limitations for publication in the 

Federal Register. This document must 

publish on or before the effective date 

of the direct final rule containing the 

direct final SNURs being withdrawn. 

IV. Statutory and Executive Order 

Reviews 

This action withdraws regulatory 

requirements that have not gone into 

effect and which contain no new or 

amended requirements. As such, the 

Agency has determined that this action 

will not have any adverse impacts, 

economic or otherwise. The statutory 

and Executive Order review 

requirements applicable to the direct 

final rule were discussed in the May 16, 

2016 Federal Register. Those review 

requirements do not apply to this action 

because it is a withdrawal and does not 

contain any new or amended 

requirements. 

V. Congressional Review Act (CRA) 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this 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. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

Section 808 of the CRA allows the 

issuing agency to make a rule effective 

sooner than otherwise provided by CRA 

if the agency makes a good cause 

finding that notice and public procedure 

is impracticable, unnecessary, or 

contrary to the public interest. As 

required by 5 U.S.C. 808(2), this 

determination is supported by a brief 

statement in Unit III. 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: July 7, 2016. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345(d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

§ 9.1 [Amended] 

■ 2. In the table in § 9.1, under the 

undesignated center heading 

‘‘Significant New Uses of Chemical 

Substances,’’ remove §§ 721.10902, 

721.10913 and 721.10920. 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

§ 721.10902 [Removed] 

■ 4. Remove § 721.10902. 

§ 721.10913 [Removed] 

■ 5. Remove § 721.10913. 

§ 721.10920 [Removed] 

■ 6. Remove § 721.10920. 

[FR Doc. 2016–16576 Filed 7–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2016–0290; FRL–9948–97– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Spokane Second 10-Year Carbon 

Monoxide Limited Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the limited 

maintenance plan submitted on May 11, 

2016, by the Washington Department of 

Ecology (Ecology), in cooperation with 

the Spokane Regional Clean Air Agency 

(SRCAA) for the Spokane carbon 

monoxide (CO) maintenance area 

(Spokane area or area). The Spokane 

area includes the cities of Spokane, 

Spokane Valley, Millwood, and 

surrounding urban areas in Spokane 

County, Washington. This plan 

addresses the second 10-year 

maintenance period for the National 

Ambient Air Quality Standards 

(NAAQS) promulgated for CO, as 

revised in 1985. The Spokane area has 

had no exceedances of the CO NAAQS 

since 1997 and monitored CO levels in 

the area continue to decline steadily. 

The EPA is also approving an 

alternative CO monitoring strategy for 

the Spokane area which was submitted 

as part of the limited maintenance plan. 

DATES: This final rule is effective August 

15, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2016–0290. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information may not be publicly 

available, i.e., Confidential Business 

Information or other information the 

disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, is not placed on 

the Internet and is publicly available 

only in hard copy form. Publicly 

available docket materials are available 

at http://www.regulations.gov or at EPA 

Region 10, Office of Air and Waste, 1200 

Sixth Avenue, Seattle, Washington 

98101. The EPA requests that 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 to 4:30, 

excluding Federal holidays. 

mstockstill on DSK3G9T082PROD with RULES

45418 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, Air Planning Unit, Office of Air 

and Waste (AWT–150), Environmental 

Protection Agency, Region 10, 1200 

Sixth Ave., Suite 900, Seattle, WA 

98101; telephone number: (206) 553– 

0256; email address: hunt.jeff@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Orders Review 

I. Background Information 

On May 27, 2016, the EPA proposed 

to approve the limited maintenance 

plan submitted by the State of 

Washington for the Spokane CO area, 

including proposed approval of an 

alternative CO monitoring strategy and 

removal of an obsolete site-specific 

order and amendment for the former 

Kaiser Aluminum and Chemical 

Corporation’s aluminum reduction plant 

(81 FR 33632). An explanation of the 

Clean Air Act requirements, a detailed 

analysis of the submittal, and the EPA’s 

reasons for proposing approval were 

provided in the notice of proposed 

rulemaking, and will not be restated 

here. The public comment period for 

this proposed rule ended on June 27, 

2016. The EPA received no comments 

on the proposal. 

II. Final Action 

The EPA is approving the limited 

maintenance plan submitted by the 

State of Washington for the Spokane CO 

area. We are approving the request to 

remove the associated order and 

amendment for the former Kaiser 

Aluminum and Chemical Corporation’s 

aluminum reduction plant located in 

Mead, Washington from incorporation 

by reference in the Washington State 

Implementation Plan (SIP) because the 

facility has been shut down, dismantled, 

and the operating permit has been 

revoked. We are also approving the 

State’s alternative CO monitoring 

strategy for the Spokane area. The EPA’s 

approval of this limited maintenance 

plan satisfies the Clean Air Act (CAA) 

section 175A requirements for the 

second 10-year period in the Spokane 

CO area. 

III. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference as described 

in the amendments to 40 CFR part 52 set 

forth below. These materials have been 

approved by the EPA for inclusion in 

the State implementation plan, have 

been incorporated by reference by the 

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

The EPA has made, and will continue 

to make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region 10 Office 

(please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section of this preamble for more 

information). 

IV. Statutory and Executive Orders 

Review 

Under the Clean Air Act, 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, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. 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 the 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). 

This SIP revision is not approved to 

apply on any Indian reservation land in 

Washington or any other area where the 

EPA or an Indian tribe has demonstrated 

that a tribe has jurisdiction. In those 

areas, 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). However, 

consistent with EPA policy, the EPA 

provided a consultation opportunity to 

the Spokane Tribe in a letter dated 

September 11, 2015. The EPA did not 

receive a request for consultation. 

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. The 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 September 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)). 

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Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations 45419 

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 oxides, Volatile 

organic compounds. 

Dated: June 29, 2016. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 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 WW—Washington 

■ 2. In § 52.2470: 

■ a. Amend paragraph (d) by removing 

the entries for ‘‘Kaiser Order DE 01 

AQIS–3285’’ (state effective date 10/24/ 

01) and ‘‘Kaiser Order Amendment #1 

DE 01 AQIS–3285’’ (state effective date 

4/9/03) from the table. 

■ b. Amend paragraph (e) by adding an 

entry at the end of Table 2—Attainment, 

Maintenance, and Other Plans for 

‘‘Carbon Monoxide 2nd 10-Year Limited 

Maintenance Plan.’’ 

The addition reads as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(e) * * * 

TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS

Name of SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State submittal 

date EPA approval date Explanations 

*******

Carbon Monoxide 2nd 10-Year Limited Maintenance Plan.Spokane ........ 5/11/16 7/14/2016, [Insert Federal Register citation] 

[FR Doc. 2016–16452 Filed 7–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0839; FRL–9948–93– 

Region 4] 

Determination of Attainment; Atlanta, 

Georgia; 2008 Ozone National Ambient 

Air Quality Standards 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

determine that the Atlanta, Georgia, 

2008 Ozone National Ambient Air 

Quality Standard (NAAQS) Moderate 

Nonattainment Area (‘‘Atlanta Area’’ or 

the ‘‘Area’’) has attained the 2008 8- 

hour ozone NAAQS. This final 

determination is based upon complete, 

quality-assured, and certified ambient 

air monitoring data showing that the 

Area has monitored attainment of the 

2008 8-hour ozone NAAQS for the 

2013–2015 monitoring period. The 

requirement for this Area to submit an 

attainment demonstration and 

associated reasonably available control 

measures (RACM), reasonable further 

progress (RFP) plans, contingency 

measures, and other planning state 

implementation plans (SIPs) related to 

attainment of the 2008 8-hour ozone 

NAAQS is suspended until EPA 

redesignates the Area to attainment, 

approves a redesignation substitute, or 

determines that the Area has violated 

the 2008 8-hour ozone NAAQS. This 

final attainment determination does not 

constitute a redesignation to attainment. 

The Atlanta Area will remain in 

nonattainment status for the 2008 8- 

hour ozone NAAQS until such time as 

the State requests a redesignation to 

attainment and EPA determines that the 

Atlanta Area meets the Clean Air Act 

(CAA or Act) requirements for 

redesignation, including an approved 

maintenance plan. 

DATES: This rule will be effective August 

15, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0839. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

4:30 p.m., excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jane 

Spann, Air Regulatory Management 

Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, 

Region 4, U.S. Environmental Protection 

Agency, 61 Forsyth Street SW., Atlanta, 

Georgia 30303–8960. Ms. Spann can be 

reached via phone at (404) 562–9029 or 

via electronic mail at spann.jane@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 12, 2008, EPA revised both 

the primary and secondary NAAQS for 

ozone to a level of 0.075 parts per 

million (ppm) (annual fourth-highest 

daily maximum 8-hour average 

concentration, averaged over three 

years) to provide increased protection of 

public health and the environment. See 

73 FR 16436 (March 27, 2008). The 2008 

ozone NAAQS retains the same general 

form and averaging time as the 0.08 

ppm NAAQS set in 1997, but is set at 

a more protective level. 

mstockstill on DSK3G9T082PROD with RULES