[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Rules and Regulations]
[Pages 25920-25922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11973]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2015-0843; FRL-9978-48--Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Infrastructure and Interstate Transport for the 2012 Fine Particulate
Matter Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving elements of the
Texas Infrastructure State Implementation Plan (i-SIP) submittal
addressing how the existing SIP provides for implementation,
maintenance and enforcement of the 2012 fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS).
DATES: This rule is effective on July 5, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2015-0843. All documents in the docket are
listed on the http://www.regulations.gov website. 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 the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, 214-665-6454,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our March
22, 2018 proposal (83 FR 12522). In that document we proposed to
approve the December 1, 2015 i-SIP submittal from Texas Commission on
Environmental Quality (TCEQ) pertaining to the implementation,
maintenance and enforcement of the 2012 PM2.5 NAAQS in Texas
and three of the four of the interstate transport requirements.
[[Page 25921]]
We received two comments in support of our proposal, one from the
TCEQ and one that was anonymously submitted. We also received seventeen
comments that are not relevant to the action we proposed. All comments
can be found in the docket for this action.
II. Response to Comments
Comment: TCEQ commented that while they are in support of our
proposed approval that Texas meets its infrastructure and transport
obligation for the 2012 PM2.5 NAAQS, they believe that Texas
is meeting all four sub-element requirements of Section
110(a)(2)(D)(i). TCEQ noted that EPA did not provide an explanation as
to why no action was taken on the interference with visibility
provision for CAA Section 110(a)(2)(D)(i)(II).
Response: We acknowledge TCEQ's support of our proposed action. We
note that we did not propose to take any action on the portion of the
SIP submittal that was submitted to address the interference with
visibility provision found in CAA Section 110(a)(2)(D)(i)(II),
therefore the comment related to this provision is outside the scope of
this action. EPA believes the visibility transport provision is closely
related to the Act's Regional Haze requirements and therefore, intends
to address this provision separately in a future action.
II. Final Action
We are finalizing this rule as proposed, therefore approving the
portions of the December 1, 2015 2012 PM2.5 NAAQS i-SIP
submittal pertaining to implementation, maintenance and enforcement
including transport except for sub-element four pertaining to
interference with visibility protection in other states.
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, the 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);
Is not an Executive Order 13771 (82 FR 9339, February 2, 2017)
regulatory action because SIP approvals are exempted under Executive
Order 12866;
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 (Public Law 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 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).
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 August 6, 2018. 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, Particulate matter.
Dated: May 29, 2018.
Anne Idsal,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. In Sec. 52.2270 the second table titled ``EPA-Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by adding an entry for ``Infrastructure and Interstate
Transport for the 2012 PM2.5 NAAQS'' at the end to read as
follows:
Sec. 52.2270 Identification of plan
* * * * *
(e) * * *
[[Page 25922]]
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
Applicable submittal/
Name of SIP provision geographic or effective EPA approval date Comments
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure and Interstate Statewide.......... 12/01/2015 6/5/2018, [Insert Approval for CAA
Transport for the 2012 PM2.5 Federal Register elements 110(a)(2)(A),
NAAQS. citation]. (B), (C), (D)(i)(I),
(D)(i)(II) (portion
pertaining to PSD),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M). 6/5/
2018, [Insert Federal
Register citation].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2018-11973 Filed 6-4-18; 8:45 am]
BILLING CODE 6560-50-P