83154 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations 

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 January 20, 2017. 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: November 3, 2016. 

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 S—Kentucky 

■ 2. In § 52.920, the table in paragraph 

(e) is amended by adding the entry 

‘‘110(a)(1) and (2) Infrastructure 

Requirements for the 2010 1-hour NO2

NAAQS’’ at the end of the table to read 

as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS

Name of non-regulatory 

SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State submittal 

date/effective 

date 

EPA approval date Explanations 

*******

110(a)(1) and (2) Infrastructure Requirements 

for the 2010 1-hour 

NO2 NAAQS.

Kentucky ........ 4/26/2013 11/21/2016, [insert Federal Register citation].With the exception of the regulation of new minor 

sources and minor modifications under section 

110(a)(2)(C), section 110(a)(2)(D)(i)(I) and (II) 

(prongs 1–4) and the PSD requirements of section 110(a)(2)(J). 

[FR Doc. 2016–27538 Filed 11–18–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0819; FRL–9954–78– 

Region 9] 

Revisions to the California State 

Implementation Plan; South Coast Air 

Quality Management District; Control 

of Oxides of Nitrogen Emissions From 

Off-Road Diesel Vehicles 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve South Coast Air Quality 

Management District (SCAQMD or ‘‘the 

District’’) Rule 2449, Control of Oxides 

of Nitrogen Emissions from Off-Road 

Diesel Vehicles, as a revision to the 

SCAQMD portion of the California State 

Implementation Plan (SIP). SCAQMD 

Rule 2449 adopts by reference title 13, 

chapter 9, section 2449.2 of the 

California Code of Regulations, 

‘‘Surplus Off-Road Opt-In for NOX

(SOON) Program.’’ SCAQMD Rule 2449 

requires certain in-use off-road vehicle 

fleets to meet more stringent 

requirements in the South Coast area 

when funding is provided by the 

District in order to achieve additional 

reductions of oxides of nitrogen (NOX). 

DATES: This rule will be effective on 

December 21, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2015–0819. 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 through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Laura Lawrence, EPA Region IX, (415) 

947–3407, lawrence.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Summary of Proposed Action 

II. Public Comments and the EPA’s 

Responses 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Summary of Proposed Action 

On March 10, 2016 (81 FR 12637), 

under section 110(k) of the Clean Air 

Act (CAA or ‘‘the Act’’), the EPA 

proposed to approve SCAQMD Rule 

2449, ‘‘Control of Oxides of Nitrogen 

Emissions from Off-Road Diesel 

Vehicles’’ into the South Coast portion 

of the California SIP. SCAQMD Rule 

2449 adopts by reference title 13, 

chapter 9, section 2449.2 of the 

California Code of Regulations, 

‘‘Surplus Off-Road Opt-In for NOX

(SOON) Program.’’ The rule requires 

certain in-use off-road vehicle fleets 

meet more stringent requirements in the 

South Coast area when funding is 

provided by the District in order to 

achieve additional reductions of NOX. 

SCAQMD Rule 2449 was originally 

adopted by the SCAQMD on May 2, 

2008, and submitted to the EPA by the 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations 83155 

1See letter dated October 6, 2016, from Jack 

Kitowski, Chief, CARB Mobile Source Control 

Division to Henry Hogo, Deputy Executive Officer, 

SCAQMD. 

State of California on July 18, 2008. The 

District adopted revisions to the rule on 

July 11, 2014, and the amended rule was 

submitted to the EPA by the State on 

September 5, 2014. The 2014 revisions 

incorporated minor administrative 

updates made to the SOON program by 

the California Air Resources Board 

(CARB) in December 2011. 

Off-road diesel vehicles collectively 

represent one of the largest sources of 

NOX emissions in the South Coast Air 

Basin. The purpose of Rule 2449 is to 

achieve surplus NOX reductions from 

this source category beyond those 

required under CARB’s Off-Road 

Regulation, with funding provided by 

the SCAQMD. The SCAQMD’s 2012 Air 

Quality Management Plan relies on NOX

reductions from Rule 2449 to attain the 

one-hour and 1997 eight-hour ozone 

National Ambient Air Quality 

Standards. Rule 2449 is expected to 

achieve 7.5 tons per day (tpd) of NOX

reductions in 2023. We note that the 

EPA is not approving these emission 

reductions in today’s proposed rule; 

emission reductions or SIP credit from 

Rule 2449 will be addressed in future 

EPA actions on attainment plans. 

Since our action proposing approval 

of Rule 2449, SCAQMD has adopted 

revisions to the SOON program 

guidelines. The revised guidelines were 

adopted on March 4, 2016, and sent to 

CARB for evaluation on August 17, 

2016. CARB approved the guidelines on 

October 6, 2016.1 A copy of this 

approval letter is found in the docket for 

this rulemaking action. 

We proposed to approve this rule 

because we determined that it complied 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments and the EPA’s 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received no comments. 

III. Final Action 

Pursuant to section 110(k)(3) of the 

Act and for the reasons stated in our 

proposed rule, the EPA is approving 

CARB’s September 5, 2014 submittal of 

SCAQMD Rule 2449, ‘‘Control of Oxides 

of Nitrogen Emissions from Off-Road 

Diesel Vehicles,’’ as a revision to the 

SCAQMD portion of the California SIP. 

IV. 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 of SCAQMD 

Rule 2449 in the amendments to 40 CFR 

part 52 set forth below. The EPA has 

made, and will continue to make, 

SCAQMD Rule 2449 available through 

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

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). 

In addition, the SIP is not approved 

to 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 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. 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 January 20, 2017. 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 


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83156 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations 

Dated: October 18, 2016. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(482) to read as 

follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(482) New regulations for the 

following APCDs were submitted on 

September 5, 2014 by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) South Coast Air Quality 

Management District. 

(1) Rule 2449, ‘‘Control of Oxides of 

Nitrogen Emissions from Off-Road 

Diesel Vehicles,’’ amended on July 11, 

2014. 

* * * * * 

[FR Doc. 2016–27853 Filed 11–18–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2014–0425; FRL–9955–32- 

Region 4] 

Air Quality Plan; Georgia; 

Infrastructure Requirements for the 

2012 PM2.5 NAAQS 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a portion of the State 

Implementation Plan (SIP) submission, 

submitted by the State of Georgia, 

through the Georgia Department of 

Natural Resources, Environmental 

Protection Division, on December 14, 

2015, to demonstrate that the State 

meets the infrastructure requirements of 

the Clean Air Act (CAA or Act) for the 

2012 annual fine particulate matter 

(PM2.5) national ambient air quality 

standard (NAAQS). The CAA requires 

that each state adopt and submit a SIP 

for the implementation, maintenance 

and enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure SIP submission.’’ 

Georgia certified that its SIP contains 

provisions that ensure the 2012 Annual 

PM2.5 NAAQS is implemented, 

enforced, and maintained in Georgia. 

EPA is approving portions of Georgia’s 

infrastructure SIP submission, provided 

to EPA on December 14, 2015, as 

satisfying certain required infrastructure 

elements for the 2012 Annual PM2.5

NAAQS. 

DATES: This rule will be effective 

December 21, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2014–0425. 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: 

Tiereny Bell, 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. Ms. Bell 

can be reached via electronic mail at 

bell.tiereny@epa.gov or via telephone at 

(404) 562–9088. 

SUPPLEMENTARY INFORMATION: 

I. Background and Overview 

On December 14, 2012, EPA 

promulgated a revised primary annual 

PM2.5 NAAQS. The standard was 

strengthened from 15.0 micrograms per 

cubic meter (mg/m3) to 12.0 mg/m3. See 

78 FR 3086 (January 15, 2013). Pursuant 

to section 110(a)(1) of the CAA, states 

are required to submit SIPs meeting the 

applicable requirements of section 

110(a)(2) within three years after 

promulgation of a new or revised 

NAAQS or within such shorter period 

as EPA may prescribe. Section 110(a)(2) 

requires states to address basic SIP 

elements such as requirements for 

monitoring, basic program requirements 

and legal authority that are designed to 

assure attainment and maintenance of 

the NAAQS. States were required to 

submit such SIPs for the 2012 Annual 

PM2.5 NAAQS to EPA no later than 

December 14, 2015. 

In a proposed rulemaking published 

on August 23, 2016 (81 FR 57544), EPA 

proposed to approve portions of 

Georgia’s December 14, 2015, SIP 

submission for the 2012 Annual PM2.5

NAAQS, with the exception of the 

interstate transport requirements of 

section 110(a)(2)(D)(i)(I) and (II) (prongs 

1, 2, and 4), for which EPA did not 

propose any action. On July 11, 2016, 

EPA published a proposed rule related 

to the prong 4 element of Georgia’s 

December 14, 2015, SIP submission for 

the 2012 PM2.5 NAAQS. See 81 FR 

44831. EPA will consider final action on 

the prong 4 element of Georgia’s March 

25, 2013, SIP submission for the 2012 

PM2.5 NAAQS through a separate 

rulemaking. With respect to the 

interstate transport requirements of 

section 110(a)(2)(D)(i)(I) (prongs 1 and 

2), EPA is considering this portion of 

Georgia’s December 14, 2015, 

submission through a separate 

rulemaking. The details of Georgia’s 

submission and the rationale for EPA’s 

actions for this final rule are explained 

in the August 23, 2016, proposed 

rulemaking. Comments on the proposed 

rulemaking were due on or before 

September 22, 2016. EPA received no 

adverse comments. 

II. Final Action 

EPA is taking final action to approve 

Georgia’s infrastructure submission 

submitted on December 14, 2015, for the 

2012 Annual PM2.5 NAAQS for the 

infrastructure SIP requirements, with 

the exception of the interstate transport 

requirements of section 110(a)(2)(D)(i)(I) 

and (II) (prongs 1, 2 and 4). EPA is 

taking final action to approve all other 

elements of Georgia’s infrastructure SIP 

submissions for the 2012 Annual PM2.5

NAAQS because the submission is 

consistent with section 110 of the CAA. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 


asabaliauskas on DSK3SPTVN1PROD with RULES