Approval and Promulgation of Air Quality Implementation Plans; Texas; Approval of Texas Low Emission Diesel Fuel Rule Revisions, 26255-26258 [2013-10546]
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26255
Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations
EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued
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State
approval/
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EPA approval date
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Explanation
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Subchapter D—Combustion Control at Minor Sources in Ozone Nonattainment Areas
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Division 2—Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Minor Sources
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Section 117.2110 ....................
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Emission Specifications for
Eight-Hour Attainment
Demonstration.
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[FR Doc. 2013–10561 Filed 5–3–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2012–0766; FRL–9808–4]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Approval of Texas Low Emission
Diesel Fuel Rule Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is granting direct final
approval of a revision to the Texas State
Implementation Plan (SIP) concerning
the Texas Low Emission Diesel fuel
rules. The revisions clarify existing
definitions and provisions, revise the
approval procedures for alternative
diesel fuel formulations, add new
registration requirements, and update
the rule to reflect the current program
status because the rule is now fully
implemented. This SIP revision meets
statutory requirements.
DATES: This rule is effective on July 5,
2013 without further notice, unless EPA
receives relevant adverse comment by
June 5, 2013. If EPA receives such
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that this rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2012–0766, by one of the
following methods:
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SUMMARY:
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begins].
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• EPA Region 6 ‘‘Contact Us’’ Web
site: https://epa.gov/region6/
r6coment.htm. Please click on ‘‘6PD’’
(Multimedia) and select ‘‘Air’’ before
submitting comments.
• Email: Mr. Guy Donaldson at
donaldson.guy@epa.gov. Please also
send a copy by email to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
• Fax: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD–L), at fax
number 214–665–7263.
• Mail: Mr. Guy Donaldson, Chief,
Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
• Hand or Courier Delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8:00 a.m. and 4:00 p.m.
weekdays except for legal holidays.
Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2012–
0766. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
PO 00000
*
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
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Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittal is also available
for public inspection at the State Air
Agency listed below during official
business hours by appointment:
Texas Commission on Environmental
Quality, 12100 Park 35 Circle, Building
E, Austin, Texas 78753, and at the
commission’s Web site at https://www/
tceq.texas.gov/nav/rules/
propose_adopt.html.
the approvals of all additive-based
alternative diesel fuel formulations will
be subject to revocation if the
composition of the additive is found to
be altered; allows all alternative diesel
formulations approved by the TCEQ
prior to April 1, 2012, to remain in
effect; revises reporting requirements to
include production and import facility
data; requires alternative emission
reduction plans using the Unified
Model to determine compliance each
calendar quarter; removes expired early
gasoline sulfur reduction credits
provisions; and makes other clarifying
changes as needed for accuracy and
consistency.
I. Background
II. Analysis of the State’s Submittal
We compared the rule revisions for
stringency against the rule language in
the approved SIP. Revisions are made to
the following sections: § 114.6,
Definitions; § 114.312, Low Emission
Diesel Standards; § 114.313, Designated
Alternative Limits; § 114.314,
Registration of Diesel Producers and
Importers; § 114.315, Approved Test
Methods; § 114.316, Monitoring,
Recordkeeping, and Reporting
Requirements; § 114.317 Exemptions to
Low Emission Diesel Requirements;
§ 114.318, Alternative Emission
Reduction Plan; § 114.319, Affected
Counties and Compliance Dates.
We found that the revisions to the
rule did not compromise the integrity of
the approved SIP. In some cases, the
revisions made the rule more stringent
than the approved SIP. See the
Technical Support Document that
accompanies this action for a detailed
analysis of the revisions.
The Texas Low Emission Diesel
(TxLED) fuel program was initially
approved by EPA on November 14, 2001
(66 FR 57196). It was revised on April
6, 2005 (70 FR 17321), October 6, 2005
(70 FR 58325), and October 24, 2008 (73
FR 63378). The TxLED fuel is similar to
CARB (California Air Resources Board)
diesel and is required for use by onhighway vehicles and non-road
equipment (including marine vessels) in
110 counties in eastern and central
Texas. Use of this boutique diesel fuel
reduces NOX emissions.
Texas submitted a revision to the
TxLED rules on September 19, 2012.
The rulemaking revises definitions;
establishes new designated alternative
limits for TxLED fuel properties;
removes expired registration
requirements and establishes new
registration requirements for identifying
production and import facilities; revises
approval procedures for alternative
diesel fuel formulations; specifies that
III. Final Action
Pursuant to section 110 of the Act,
EPA is approving revisions to the
TxLED rule that were submitted on
September 19, 2012. We evaluated the
State’s submittal and determined that it
meets the applicable requirements of the
Clean Air Act (CAA) section 110.
Approval of this submittal will not
result in any increase in ozone
concentration levels. In accordance with
CAA section 110(l), these revisions will
not interfere with attainment of the
National Ambient Air Quality Standards
(NAAQS), Rate of Progress, reasonable
further progress, or any other applicable
requirement of the CAA.
EPA is publishing this rule without
prior proposal because we view this as
a non-controversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
Ms.
Sandra Rennie, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone (214) 665–7367; fax number
214–665–7263; email address
rennie.sandra@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we’’ ‘‘us’’ or ‘‘our’’ is used, we mean
the EPA.
Outline
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I. Background
II. Analysis of the State’s Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
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SIP revision if relevant adverse
comments are received. This rule will
be effective on July 5, 2013 without
further notice unless we receive adverse
comment by June 5, 2013. If we receive
adverse comments, we will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect. We will address
all public comments in a subsequent
final rule based on the proposed rule.
We will not institute a second comment
period on this action. Any parties
interested in commenting must do so
now. Please note that if we receive
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, we may adopt as
final those provisions of the rule that are
not the subject of an adverse comment.
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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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);
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• 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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. section 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 July 5, 2013.
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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 5, 2013.
Ron Curry,
Regional Administrator, Region 6.
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 SS—Texas
2. The table in § 52.2270(c) entitled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended under ‘‘Chapter
114 (Reg 4)—Control of Air Pollution
from Motor Vehicles’’ by revising the
entries for Section 114.6 and for
Sections 114.312 through 114.319 to
read as follows:
■
§ 52.2270
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Identification of plan.
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EPA-APPROVED REGULATIONS IN THE TEXAS SIP
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approval/
submittal date
Title/subject
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EPA approval date
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Explanation
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Chapter 114 (Reg 4)—Control of Air Pollution from Motor Vehicles
Subchapter A—Definitions
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Section 114.6 ................
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Low Emission Fuel Definitions ........
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8/22/12
5/6/13,
[Insert FR page number where document
begins].
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Subchapter H—Low Emission Fuels
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Division 2: Low Emission Diesel
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Section 114.312 ............
Low Emission Diesel Standards .....
8/22/12
Section 114.313 ............
Designated Alternative Limits ..........
8/22/12
Section 114.314 ............
Registration of Diesel Producers
and Importers.
8/22/12
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EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State
approval/
submittal date
State citation
Title/subject
Section 114.315 ............
Approved Test Methods ..................
8/22/12
Section 114.316 ............
Monitoring, Recordkeeping, and Reporting Requirements.
Exemptions to Low Emission Diesel
Requirements.
Alternative Emission Reduction
Plan.
Affected Counties and Compliance
Dates.
8/22/12
Section 114.317 ............
Section 114.318 ............
Section 114.319 ............
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8/22/12
8/22/12
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[FR Doc. 2013–10546 Filed 5–3–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2012–0650; FRL–9809–1]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Consent Decree Requirements
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to the receipt of an
adverse comment, EPA is withdrawing
the March 15, 2013, direct final rule
approving a revision to the Indiana State
Implementation Plan (SIP). EPA will
address the comment in a subsequent
final action based upon the proposed
rulemaking action, also published on
March 15, 2013. EPA will not institute
a second comment period on this action.
DATES: The direct final rule published at
78 FR 16412 on March 15, 2013, is
withdrawn as of May 6, 2013.
FOR FURTHER INFORMATION CONTACT: Sam
Portanova, Environmental Engineer, Air
Permits Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–3189,
portanova.sam@epa.gov.
SUMMARY:
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number where
number where
number where
number where
number where
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adverse comments were received by
April 15, 2013, the rule would be
withdrawn and not take effect. On
March 18, 2013, EPA received a
comment, which it interprets as adverse
and, therefore, EPA is withdrawing the
direct final rule. EPA will address the
comment in a subsequent final action
based upon the proposed rulemaking
action, also published on March 15,
2013 (78 FR 16449). EPA will not
institute a second comment period on
this action.
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 52
ACTION:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 22, 2013.
Susan Hedman,
Regional Administrator, Region 5.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Accordingly, the amendment to 40
CFR 52.770 published in the Federal
Register on March 15, 2013 (78 FR
16412) on page 16414 is withdrawn as
of May 6, 2013.
■
[FR Doc. 2013–10690 Filed 5–3–13; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
40 CFR Part 52
[EPA–R05–OAR–2010–0394; EPA–R05–
OAR–2012–0786; FRL–9786–2]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Consumer Products and AIM Rules
Environmental Protection
Agency (EPA).
AGENCY:
Direct final rule.
EPA is approving a revision to
the Illinois State Implementation Plan
(SIP). This approval resolves the issues
raised in the June 7, 2012, conditional
approval of Illinois’ rules. EPA is also
approving volatile organic compound
(VOC) content limits and associated
provisions for additional consumer
products categories into the state’s SIP.
Finally, EPA is approving language to
clarify VOC limit applicability for
architectural and industrial
maintenance (AIM) coatings into the
Illinois SIP.
SUMMARY:
This direct final rule will be
effective July 5, 2013, unless EPA
receives adverse comments by June 5,
2013. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
DATES:
Submit your comments,
identified by Docket ID Nos. EPA–R05–
OAR–2010–0394, EPA–R05–OAR–
2012–0786, by one of the following
methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
ADDRESSES:
EPA is
withdrawing the March 15, 2013 (78 FR
16412), direct final rule approving a
revision to Indiana’s construction
permit rule for sources subject to the
state operating permit program
regulations at 40 CFR Part 70. In the
direct final rule, EPA stated that if
16:33 May 03, 2013
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SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Rules and Regulations]
[Pages 26255-26258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10546]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2012-0766; FRL-9808-4]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Approval of Texas Low Emission Diesel Fuel Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is granting direct final approval of a revision to the
Texas State Implementation Plan (SIP) concerning the Texas Low Emission
Diesel fuel rules. The revisions clarify existing definitions and
provisions, revise the approval procedures for alternative diesel fuel
formulations, add new registration requirements, and update the rule to
reflect the current program status because the rule is now fully
implemented. This SIP revision meets statutory requirements.
DATES: This rule is effective on July 5, 2013 without further notice,
unless EPA receives relevant adverse comment by June 5, 2013. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2012-0766, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
EPA Region 6 ``Contact Us'' Web site: https://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
Email: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please
also send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8:00 a.m. and 4:00 p.m. weekdays
except for legal holidays. Special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2012-0766. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Planning Section
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m.
[[Page 26256]]
and 4:30 p.m. weekdays except for legal holidays. Contact the person
listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr.
Bill Deese at 214-665-7253 to make an appointment. If possible, please
make the appointment at least two working days in advance of your
visit. There will be a 15 cent per page fee for making photocopies of
documents. On the day of the visit, please check in at the EPA Region 6
reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
Texas Commission on Environmental Quality, 12100 Park 35 Circle,
Building E, Austin, Texas 78753, and at the commission's Web site at
https://www/tceq.texas.gov/nav/rules/propose_adopt.html.
FOR FURTHER INFORMATION CONTACT: Ms. Sandra Rennie, Air Planning
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7367;
fax number 214-665-7263; email address rennie.sandra@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we''
``us'' or ``our'' is used, we mean the EPA.
Outline
I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
The Texas Low Emission Diesel (TxLED) fuel program was initially
approved by EPA on November 14, 2001 (66 FR 57196). It was revised on
April 6, 2005 (70 FR 17321), October 6, 2005 (70 FR 58325), and October
24, 2008 (73 FR 63378). The TxLED fuel is similar to CARB (California
Air Resources Board) diesel and is required for use by on-highway
vehicles and non-road equipment (including marine vessels) in 110
counties in eastern and central Texas. Use of this boutique diesel fuel
reduces NOX emissions.
Texas submitted a revision to the TxLED rules on September 19,
2012. The rulemaking revises definitions; establishes new designated
alternative limits for TxLED fuel properties; removes expired
registration requirements and establishes new registration requirements
for identifying production and import facilities; revises approval
procedures for alternative diesel fuel formulations; specifies that the
approvals of all additive-based alternative diesel fuel formulations
will be subject to revocation if the composition of the additive is
found to be altered; allows all alternative diesel formulations
approved by the TCEQ prior to April 1, 2012, to remain in effect;
revises reporting requirements to include production and import
facility data; requires alternative emission reduction plans using the
Unified Model to determine compliance each calendar quarter; removes
expired early gasoline sulfur reduction credits provisions; and makes
other clarifying changes as needed for accuracy and consistency.
II. Analysis of the State's Submittal
We compared the rule revisions for stringency against the rule
language in the approved SIP. Revisions are made to the following
sections: Sec. 114.6, Definitions; Sec. 114.312, Low Emission Diesel
Standards; Sec. 114.313, Designated Alternative Limits; Sec. 114.314,
Registration of Diesel Producers and Importers; Sec. 114.315, Approved
Test Methods; Sec. 114.316, Monitoring, Recordkeeping, and Reporting
Requirements; Sec. 114.317 Exemptions to Low Emission Diesel
Requirements; Sec. 114.318, Alternative Emission Reduction Plan; Sec.
114.319, Affected Counties and Compliance Dates.
We found that the revisions to the rule did not compromise the
integrity of the approved SIP. In some cases, the revisions made the
rule more stringent than the approved SIP. See the Technical Support
Document that accompanies this action for a detailed analysis of the
revisions.
III. Final Action
Pursuant to section 110 of the Act, EPA is approving revisions to
the TxLED rule that were submitted on September 19, 2012. We evaluated
the State's submittal and determined that it meets the applicable
requirements of the Clean Air Act (CAA) section 110. Approval of this
submittal will not result in any increase in ozone concentration
levels. In accordance with CAA section 110(l), these revisions will not
interfere with attainment of the National Ambient Air Quality Standards
(NAAQS), Rate of Progress, reasonable further progress, or any other
applicable requirement of the CAA.
EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on July 5, 2013
without further notice unless we receive adverse comment by June 5,
2013. If we receive adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
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 Order
12866 (58 FR 51735, October 4, 1993);
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);
[[Page 26257]]
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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. section 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 July 5, 2013. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 5, 2013.
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. The table in Sec. 52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended under ``Chapter 114 (Reg 4)--Control of Air
Pollution from Motor Vehicles'' by revising the entries for Section
114.6 and for Sections 114.312 through 114.319 to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 114.6.................... Low Emission Fuel 8/22/12 5/6/13,
Definitions. [Insert FR page
number where
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter H--Low Emission Fuels
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 2: Low Emission Diesel
----------------------------------------------------------------------------------------------------------------
Section 114.312.................. Low Emission Diesel 8/22/12 5/6/13 [Insert FR
Standards. page number where
document begins].
Section 114.313.................. Designated 8/22/12 5/6/13 [Insert FR
Alternative Limits. page number where
document begins].
Section 114.314.................. Registration of 8/22/12 5/6/13 [Insert FR
Diesel Producers page number where
and Importers. document begins].
[[Page 26258]]
Section 114.315.................. Approved Test 8/22/12 5/6/13 [Insert FR
Methods. page number where
document begins].
Section 114.316.................. Monitoring, 8/22/12 5/6/13 [Insert FR
Recordkeeping, and page number where
Reporting document begins].
Requirements.
Section 114.317.................. Exemptions to Low 8/22/12 5/6/13 [Insert FR
Emission Diesel page number where
Requirements. document begins].
Section 114.318.................. Alternative 8/22/12 5/6/13 [Insert FR
Emission Reduction page number where
Plan. document begins].
Section 114.319.................. Affected Counties 8/22/12 5/6/13 [Insert FR
and Compliance page number where
Dates. document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-10546 Filed 5-3-13; 8:45 am]
BILLING CODE 6560-50-P