[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Rules and Regulations]
[Pages 77253-77255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31310]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2012-0205; FRL-9940-03-Region 6]
Approval and Promulgation of Implementation Plans; Texas; El Paso
Particulate Matter Contingency Measures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving under
the Federal Clean Air Act (the Act) State Implementation Plan (SIP)
revisions submitted by the State of Texas. These revisions pertain to
contingency measures for particulate matter in the City of El Paso. The
affected contingency measures are the paving of alleys and sweeping of
streets.
DATES: This final rule is effective on January 13, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2012-0205. 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 the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, 214-665-8542,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The background for today's action is discussed in detail in our
August 19, 2015 proposal (80 FR 50248). In that notice, we proposed to
approve revisions to the Texas SIP pertaining to contingency measures
for controlling particulate matter (PM) with an aerodynamic diameter
less than or equal to a nominal ten micrometers (PM10) in
the City of El Paso. We did not receive any comments regarding our
proposal.
II. Final Action
We are approving revisions to the Texas SIP pertaining to
PM10 dust control contingency measures in the City of El
Paso. The State's revisions submitted on March 7, 2012 amend rule 30
TAC section 111.147(1)(E) by removing the requirement to pave alleys at
the rate of 15 miles/year, and replace it with the following
requirements:
(1) All new alleys must be paved;
(2) Unpaved alleys may not be used for residential garbage and
recycling collection; and
(3) The use of recycled asphalt product as defined in section
111.145 and section 111.147(1) may be used as an alternate means of
particulate matter control for alleys.
We are also approving revisions to 30 TAC section 111.147(1) that
define reclaimed asphalt pavement, and 30 TAC section 111.147(2) that
changes the sweeping frequency requirement from four to three times per
year in the city limits and from six to four times per week in the El
Paso central business district. This action is being taken under
section 110 of the Act.
III. Incorporation by Reference
In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the Texas regulations as described in the Final Action
section above. We have made, and will continue to make, these documents
generally available electronically through
[[Page 77254]]
www.regulations.gov and/or in hard copy at the EPA Region 6 office.
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, 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 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 12, 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
Dated: November 19, 2015.
Ron Curry,
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:
0
a. In paragraph (c), the table titled ``EPA Approved Regulations in the
Texas SIP'' is amended by revising the entry for Section 111.147.
0
b. In paragraph (e), the second table titled ``EPA-Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by adding an entry at the end for ``Revision to El
Paso PM10 Attainment Demonstration SIP''.
The revision and addition read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
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State
approval/
State citation Title/subject submittal EPA approval date Explanation
date
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* * * * * * *
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Chapter 111 (Reg 1)--Control of Air Pollution From Visible Emissions and Particulate Matter
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Subchapter A: Visible Emissions and Particulate Matter
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[[Page 77255]]
* * * * * * *
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Division 4: Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots
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* * * * * * *
Section 111.147............... Roads, Streets, 1/25/2012 12/14/2015 ............................
and Alleys. [Insert Federal
Register
citation].
* * * * * * *
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* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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Applicable State
geographic or submittal/
Name of SIP provision nonattainment effective EPA approval date Comments
area date
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* * * * * * *
Revision to El Paso El Paso, TX...... 3/7/2012 12/14/2015 ............................
PM[ihel1][ihel0] Attainment [Insert Federal
Demonstration SIP (dust Register
control contingency measures). citation].
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[FR Doc. 2015-31310 Filed 12-11-15; 8:45 am]
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