76230 Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 29, 2015. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart W—Massachusetts 

■ 2. Section 52.1120 is amended by 

adding paragraph (c)(143) to read as 

follows: 

§ 52.1120 Identification of plan. 

* * * * * 

(c) * * * 

(143) Revisions to the State 

Implementation Plan submitted by the 

Massachusetts Department of 

Environmental Protection on November 

6, 2013. 

(i) Incorporation by reference. 

(A) Massachusetts Regulation 310 

CMR 7.36 entitled ‘‘U Transit System 

Improvements,’’ effective in the 

Commonwealth of Massachusetts on 

October 25, 2013. 

(ii) Additional materials. 

(A) Letter from the Massachusetts 

Department of Environmental Protection 

dated November 6, 2013 submitting a 

revision to the Massachusetts State 

Implementation Plan. 

■ 3. In § 52.1167, Table 52.1167 is 

amended by adding a new entry to the 

existing state citation for 310 CMR 7.36 

to read as follows: 

§ 52.1167 EPA-approved Massachusetts 

State regulations. 

* * * * * 

TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS

[See notes at end of table] 

State citation Title/subject 

Date 

submitted by 

state 

Date approved 

by EPA 

Federal Register 

citation 52.1120(c) 

Comments/ 

unapproved 

sections 

*******

310 CMR 7.36 ........... Transit System Improvements.11/6/13 12/8/15 [Insert Federal Register citation].143 Removes from the 

SIP the commitment to design the 

Red Line/Blue Line 

Connector project. 

* * * * * * * 

Notes: 1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal 

SIP before this date. 

2. The regulations are effective statewide unless otherwise stated in comments or title section. 

[FR Doc. 2015–30819 Filed 12–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0689; FRL–9936–83– 

Region 9] 

Approval of California Air Plan 

Revisions, Placer County Air Pollution 

Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Placer County Air Pollution Control 

District (PCAPCD) portion of the 

California SIP. We are approving a local 

emergency episode plan that describes 

actions that PCAPCD will take to 

prevent dangerously high ambient 

emission levels under the Clean Air Act 

(CAA or the Act). 

DATES: This rule is effective on February 

8, 2016 without further notice, unless 

the EPA receives adverse comments by 

January 7, 2016. If we receive such 

comments, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that this direct final 

rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2015–0689, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: Once submitted, 

comments cannot be edited or 

withdrawn. The EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. If you need to 

include CBI as part of your comment, 

please visit http://www.epa.gov/

dockets/comments.html for further 

instructions. Multimedia submissions 

(audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. For the full EPA public comment 

policy and general guidance on making 

effective comments, please visit http:// 

www.epa.gov/dockets/comments.html. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov or 

in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 


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Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations 76231 

FOR FURTHER INFORMATION CONTACT: 

Vanessa Graham, EPA Region IX, (415) 

947–4120 graham.vanessa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What plan did the State submit? 

B. Are there other versions of this plan? 

C. What is the purpose of the submitted 

plan? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the plan? 

B. Does the plan meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Plan 

D. Public Comment and Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What plan did the State submit? 

Table 1 lists the plan addressed by 

this action with the date that it was 

adopted by the PCAPCD and submitted 

by California Air Resources Board 

(ARB). 

TABLE 1—SUBMITTED PLAN

Local agency Plan title Adopted Submitted 

PCAPCD ............... Ozone Emergency Episode Plan ........................................................................ June 11, 2015 ........ July 15, 2015. 

On August 11, 2015, the EPA 

determined that the submittal for the 

PCAPCD Ozone Emergency Episode 

Plan met the completeness criteria in 40 

CFR part 51 Appendix V, which must be 

met before formal EPA review. 

B. Are there other versions of this plan? 

There are no previous versions of this 

plan adopted by PCAPCD or approved 

by EPA in the SIP. 

C. What is the purpose of the submitted 

plan? 

The CAA requires the EPA to 

establish National Ambient Air Quality 

Standards (NAAQS) for Ozone and five 

other pollutants that are harmful to 

public health and the environment. 

Each state is required to submit to the 

EPA, within three years after the 

promulgation of a primary or secondary 

NAAQS, or any revision thereof, an 

infrastructure SIP revision that provides 

for the implementation, maintenance, 

and enforcement of such NAAQS. CAA 

§ 110(a)(2) describes the contents 

required of such a plan that constitute 

the ‘‘infrastructure’’ of a state’s air 

quality management program. The 

PCAPCD Ozone Emergency Episode 

Plan is intended to fulfill the CAA 

§ 110(a)(2)(G) infrastructure SIP 

requirement for states to submit an air 

pollution emergency contingency plan 

as required by 40 CFR part 51, subpart 

H. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

SIPs must be enforceable (see CAA 

section 110(a)(2)) and SIP revisions are 

restricted in how they can relax 

approved SIPs. This plan must also 

meet the infrastructure SIP requirements 

found in 40 CFR part 51, subpart H 

(51.150 through 51.153). 

Guidance that we used to evaluate 

section 110(a)(2) CAA requirements 

includes: ‘‘Guidance Document for 

Infrastructure State Implementation 

Plan’’ Elements under Clean Air Act 

Sections 110(a)(1) and 110(a)(2), EPA 

(September 2013). 

B. Does the plan meet the evaluation 

criteria? 

We believe this plan is consistent 

with the relevant policy and guidance 

regarding enforceability, SIP relaxations 

and infrastructure SIPs. The EPA’s 

technical support document (TSD) has 

more information about this plan and 

our evaluation. 

C. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, the EPA is fully approving the 

submitted plan because we believe it 

fulfills all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted plan. If we receive adverse 

comments by January 7, 2016, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on February 8, 

2016. This will incorporate the rule into 

the federally enforceable SIP. 

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 of the 

PCAPCD rule described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

available electronically through 

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

IV. 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, 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); 


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76232 Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations 

• 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 February 8, 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. 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 today’s 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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: October 26, 2015. 

Jared Blumenfeld, 

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 PLAN 

■ 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)(465) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(465) New regulation for the following 

APCD was submitted on July 15, 2015 

by the Governor’s designee. 

(i) Incorporation by reference. 

(A) Placer County Air Pollution 

Control District. 

(1) ‘‘Ozone Emergency Episode Plan,’’ 

adopted on June 11, 2015. 

[FR Doc. 2015–30831 Filed 12–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2015–0633; FRL–9939–48– 

Region 9] 

PM10 Plans and Redesignation 

Request; Truckee Meadows, Nevada; 

Deletion of TSP Area Designation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve two revisions to the Nevada 

state implementation plan. The first 

revision provides a demonstration of 

implementation of best available control 

measures (BACM) for control of 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

ten micrometers (PM10) within Truckee 

Meadows. The second revision is a plan 

that provides for the maintenance of the 

national ambient air quality standard 

(NAAQS or ‘‘standard’’) for PM10 in 

Truckee Meadows through 2030, 

includes an emissions inventory 

consistent with attainment, and 

establishes motor vehicle emissions 

budgets. In connection with these 

approvals, the EPA is taking final action 

to determine that major stationary 

sources of PM10 precursors do not 

contribute significantly to elevated PM10

levels in the area. Also, based in part on 

the approvals of the BACM 

demonstration and maintenance plan 

and determination regarding PM10

precursors, the EPA is taking final 

action to approve the State of Nevada’s 

request for redesignation of the Truckee 

Meadows nonattainment area to 

attainment for the PM10 standard. 

Lastly, the EPA is taking final action to 

delete the area designation for Truckee 

Meadows for the revoked standard for 

total suspended particulate (TSP). The 

EPA is taking these actions because the 

SIP revisions meet the applicable 

statutory and regulatory requirements 

for such plans and related motor vehicle 

emissions budgets and because the area 

meets the Clean Air Act requirements 

for redesignation of nonattainment areas 

to attainment. 

DATES: This rule is effective on January 

7, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R09–OAR–2015–0633. 

Generally, documents in the docket for 

this action are available electronically at 

www.regulations.gov and in hard copy 

at the EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., confidential business information 

or ‘‘CBI’’). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: John 

Ungvarsky, Air Planning Office (AIR–2), 

U.S. Environmental Protection Agency, 

Region IX, (415) 972–3963, 

ungvarsky.john@epa.gov. 


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