Approval and Promulgation of Implementation Plans; Texas; Conformity of General Federal Actions, 41906-41908 [2014-16826]
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41906
Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2011–0919; FRL–9913–92–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Conformity of General Federal Actions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Texas on
October 28, 2011. These revisions
remove the State general conformity
provisions from the SIP as allowed by
the 2005 amendments to the Clean Air
Act (Act or CAA). Upon the effective
date of this final action, the EPA Federal
rules will govern conformity of general
Federal actions within the State of
Texas. The revisions also update the
narrative portion of the SIP. This action
is being taken in accordance with
sections 110 and 176 of the Act.
DATES: This rule is effective on
September 16, 2014 without further
notice, unless EPA receives relevant
adverse comment by August 18, 2014. 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–2011–0919, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions.
• Email: Jeffrey Riley at riley.jeffrey@
epa.gov.
• Mail or delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2011–
0919. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information
through https://www.regulations.gov or
email, if you believe that it is CBI or
otherwise protected from disclosure.
The https://www.regulations.gov Web
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SUMMARY:
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site is an ‘‘anonymous access’’ system,
which means that 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 https://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 along with any disk or CD–
ROM submitted. 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 and any form of encryption
and should be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://www.
epa.gov/epahome/dockets.htm.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment with the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Riley, (214) 665–8542,
riley.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. Background
II. EPA’s Evaluation
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
A. What is general conformity?
General Conformity is a requirement
of section 176(c) of the CAA. Congress
recognized that actions taken by Federal
agencies could affect a State, Tribal, or
local agency’s ability to attain and
maintain the national ambient air
quality standards (NAAQS). Under
General Conformity, any action by the
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Federal government cannot: Cause or
contribute to any new violation of any
standard in any area; interfere with
provisions in the applicable SIP for
maintenance of any standard; increase
the frequency or severity of any existing
violation of any standard in any area; or
delay timely attainment of any standard,
any required interim emission
reductions, or any other milestones, in
any area. The CAA Amendments of
1990 clarified and strengthened the
provisions in section 176(c). EPA
promulgated General Conformity SIP
regulations on November 30, 1993 (58
FR 63214) and required states to adopt
and submit a General Conformity SIP for
approval by EPA (See 40 CFR Part 51,
subpart W (sections 850 to 860 (1993)).
B. General Conformity Affected by the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU)
On August 10, 2005, Congress passed
the SAFETEA–LU Act that, among other
things, amended the CAA to eliminate
the requirement for States to adopt and
submit General Conformity SIPs. On
April 5, 2010 (75 FR 17254), EPA
updated the General Conformity SIP
Rules to, among other things, be
consistent with the SAFETEA–LU by
eliminating the Federal regulatory
requirement for states to adopt and
submit general conformity SIPs, instead
making submission of a general
conformity SIP a state option. See 40
CFR 51.851.
C. Prior Texas General Conformity SIP
Revision Action
On March 11, 1998 (63 FR 11833),
EPA approved Title 30 Texas
Administrative Code (TAC) section
101.30, Conformity of General and State
Actions to State Implementation Plans.
Texas’ rule mirrored the federal
requirements in 40 CFR Part 93, Subpart
B and Part 51, Subpart W, and
specifically referenced the 1993 Federal
General Conformity SIP rule. On July
23, 2010 (75 FR 43062), EPA made a
ministerial correction to the table in 40
CFR 52.2270(c) to reflect the correct title
of the EPA approved regulation in the
Texas SIP. The ministerial correction
applied to the table entry for Section
101.30, revising the title to ‘‘Conformity
of General Federal Actions to State
Implementation Plans’’.
D. State Submittal
On October 28, 2011, the State of
Texas submitted SIP revisions
consisting of a repeal of section 101.30,
Conformity of General Federal Actions
to State Implementation Plans, in 30
TAC Chapter 101, General Air Quality
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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Rules and Regulations
Rules, Subchapter A, General Rules, as
well as corresponding revisions to the
narrative portion of the SIP to eliminate
references to repealed federal rules. The
repeal of the state rule is also intended
to eliminate the need for future state
rule revisions as a result of amendments
to federal regulations.
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II. EPA’s Evaluation
We have reviewed Texas’ submittal to
assure consistency with the current
Clean Air Act, as amended by
SAFETEA–LU, and EPA regulations
governing state procedures for general
conformity (40 CFR Part 93, Subpart B
and 40 CFR 51.851). The October 28,
2011 revisions, upon approval by EPA,
removes § 101.30, ‘‘Determining
Conformity of General Federal Actions
to State or Federal Implementation
Plans,’’ from the SIP and revises the SIP
Narrative. With the removal of § 101.30
from the SIP, the federal rules in 40 CFR
Part 93, Subpart B will directly govern
conformity of general federal actions in
the State of Texas. 40 CFR Part 93,
Subpart B continues to subject certain
federal actions to general conformity
requirements without the need for
identical state rules and SIPs. Therefore,
repealing the state rule will not impact
continuity of the general conformity
program in Texas, and consequently
meets the requirements of section 110(l).
Federal agencies will only need to
comply with the EPA General
Conformity Rule requirements in 40
CFR Part 93, Subpart B. In addition,
Texas’ October 28, 2011 SIP revision
meets the requirements set forth in
section 110 of the CAA with respect to
adoption and submission of SIP
revisions.
III. Final Action
We are taking direct final action to
approve revisions to the Texas SIP
submitted on October 28, 2011, that
pertain to removal of § 101.30,
‘‘Determining Conformity of General
Federal Actions to State or Federal
Implementation Plans,’’ from the SIP
and update the narrative portion of the
SIP. The approval of Texas’ conformity
SIP revisions will align the Texas SIP
with the current Clean Air Act, as
amended by SAFETEA–LU, and the
most recent EPA regulations governing
state procedures for general conformity.
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
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comments are received. This rule will
be effective on September 16, 2014
without further notice unless we receive
relevant adverse comment by August 18,
2014. If we receive relevant 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
relevant 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 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,
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 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 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, 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 rule 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. section 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 September 16, 2014. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Rules and Regulations
Dated: July 7, 2014.
Ron Curry,
Regional Administrator, Region 6.
Subpart SS—Texas
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.
2. In § 52.2270 is amended by:
a. In paragraph (c), the table titled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended by removing the
entry for ‘‘Section 101.30, Conformity of
General Federal Actions to State
Implementation Plans’’; and
■ 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
‘‘Conformity with the National Ambient
Air Quality Standards’’.
The addition reads as follows:
§ 52.2270
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
Applicable geographic
or nonattainment area
State
submittal/
effective
date
*
*
Conformity with the National Ambient
Air Quality Standards.
*
Statewide ......................
*
10/28/2011
[FR Doc. 2014–16826 Filed 7–17–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2013–0674; FRL–9913–79–
Region–7]
Approval and Promulgation of
Implementation Plans; State of
Missouri; Control of Nitrogen Oxide
Emissions From Large Stationary
Internal Combustion Engines
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a State Implementation Plan
(SIP) revision submitted by the State of
Missouri to EPA on September 21, 2010,
with a supplemental revision submitted
on July 3, 2013. The purpose of the SIP
revision is to incorporate revisions to a
Missouri regulation to control Nitrogen
Oxide (NOX) emissions from large
stationary internal combustion engines.
This revision includes an emission rate
limitation for both large stationary
diesel and dual fuel internal combustion
engines and adds an exemption for
compression ignited stationary internal
combustion engines that emit 25 tons or
less of NOX between May 1 and
September 30. EPA has determined that
the SIP revision submitted by the State
of Missouri satisfies the applicable
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SUMMARY:
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EPA
approval date
*
7/18/2014 [Insert FEDERAL REGISTER citation].
requirements of the Clean Air Act (CAA
or Act), and in particular, the April 21,
2004, final Federal Phase II NOX SIP
Call.
DATES: This rule is effective on August
18, 2014.
ADDRESSES: EPA has established docket
number EPA–R07–OAR–2013–0674 for
this action. All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., 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 at https://
www.regulations.gov or in hard copy at
U.S. Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219 from 8 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The interested
persons wanting to examine these
documents should make an
appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT: Ms.
Lachala Kemp, Air Planning and
Development Branch, U.S.
Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
Lenexa, KS 66219; telephone number:
(913) 551–7214; fax number: (913) 551–
7065; email address: kemp.lachala@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
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Comments
*
*
The General Conformity SIP is removed from the Texas SIP; the
federal rules at 40 CFR Part 93,
subpart B apply now.
or ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following questions:
Table of Contents
I. What action is EPA taking in this final
rule?
II. What is the background for the approvals
by EPA in this final rule?
III. EPA’s Response to Comment
IV. EPA’s Final Action
I. What action is EPA taking in this
final rule?
EPA is taking final action to approve
a State Implementation Plan (SIP)
revision submitted by the State of
Missouri to EPA on September 21, 2010,
with a supplemental revision submitted
on July 3, 2013. The purpose of the SIP
revision is to incorporate changes to a
Missouri regulation (Title 10 of the Code
of State Regulations (CSR) 10–6.390) to
control Nitrogen Oxide (NOX) emissions
from large stationary internal
combustion (IC) engines to ensure
compliance with the federal NOX
control plan to reduce the transport of
air pollutants.1 EPA finalized the
second phase (Phase II) of its rule
known as the NOX SIP Call Rule on
April 21, 2004 (69 FR 21604). Phase II
required the eastern one-third of
Missouri to participate in the NOX SIP
Call and included a provision related to
source categories of IC engines. The IC
provision established a requirement to
decrease emissions from diesel and dual
fuel stationary IC engines by ninety
percent. Phase II of the NOX SIP Call
1 The effective date of the rule in Missouri was
May 30, 2010.
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Agencies
[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Rules and Regulations]
[Pages 41906-41908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16826]
[[Page 41906]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2011-0919; FRL-9913-92-Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Conformity of General Federal Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of Texas on
October 28, 2011. These revisions remove the State general conformity
provisions from the SIP as allowed by the 2005 amendments to the Clean
Air Act (Act or CAA). Upon the effective date of this final action, the
EPA Federal rules will govern conformity of general Federal actions
within the State of Texas. The revisions also update the narrative
portion of the SIP. This action is being taken in accordance with
sections 110 and 176 of the Act.
DATES: This rule is effective on September 16, 2014 without further
notice, unless EPA receives relevant adverse comment by August 18,
2014. 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-
2011-0919, by one of the following methods:
www.regulations.gov: Follow the on-line instructions.
Email: Jeffrey Riley at riley.jeffrey@epa.gov.
Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2011-0919. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through https://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an ``anonymous access'' system, which
means that 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 https://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 along with any disk or CD-ROM
submitted. 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 and any form of encryption and should be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment with
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph
below or Mr. Bill Deese at 214-665-7253.
FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, (214) 665-8542,
riley.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Background
II. EPA's Evaluation
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
A. What is general conformity?
General Conformity is a requirement of section 176(c) of the CAA.
Congress recognized that actions taken by Federal agencies could affect
a State, Tribal, or local agency's ability to attain and maintain the
national ambient air quality standards (NAAQS). Under General
Conformity, any action by the Federal government cannot: Cause or
contribute to any new violation of any standard in any area; interfere
with provisions in the applicable SIP for maintenance of any standard;
increase the frequency or severity of any existing violation of any
standard in any area; or delay timely attainment of any standard, any
required interim emission reductions, or any other milestones, in any
area. The CAA Amendments of 1990 clarified and strengthened the
provisions in section 176(c). EPA promulgated General Conformity SIP
regulations on November 30, 1993 (58 FR 63214) and required states to
adopt and submit a General Conformity SIP for approval by EPA (See 40
CFR Part 51, subpart W (sections 850 to 860 (1993)).
B. General Conformity Affected by the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
On August 10, 2005, Congress passed the SAFETEA-LU Act that, among
other things, amended the CAA to eliminate the requirement for States
to adopt and submit General Conformity SIPs. On April 5, 2010 (75 FR
17254), EPA updated the General Conformity SIP Rules to, among other
things, be consistent with the SAFETEA-LU by eliminating the Federal
regulatory requirement for states to adopt and submit general
conformity SIPs, instead making submission of a general conformity SIP
a state option. See 40 CFR 51.851.
C. Prior Texas General Conformity SIP Revision Action
On March 11, 1998 (63 FR 11833), EPA approved Title 30 Texas
Administrative Code (TAC) section 101.30, Conformity of General and
State Actions to State Implementation Plans. Texas' rule mirrored the
federal requirements in 40 CFR Part 93, Subpart B and Part 51, Subpart
W, and specifically referenced the 1993 Federal General Conformity SIP
rule. On July 23, 2010 (75 FR 43062), EPA made a ministerial correction
to the table in 40 CFR 52.2270(c) to reflect the correct title of the
EPA approved regulation in the Texas SIP. The ministerial correction
applied to the table entry for Section 101.30, revising the title to
``Conformity of General Federal Actions to State Implementation
Plans''.
D. State Submittal
On October 28, 2011, the State of Texas submitted SIP revisions
consisting of a repeal of section 101.30, Conformity of General Federal
Actions to State Implementation Plans, in 30 TAC Chapter 101, General
Air Quality
[[Page 41907]]
Rules, Subchapter A, General Rules, as well as corresponding revisions
to the narrative portion of the SIP to eliminate references to repealed
federal rules. The repeal of the state rule is also intended to
eliminate the need for future state rule revisions as a result of
amendments to federal regulations.
II. EPA's Evaluation
We have reviewed Texas' submittal to assure consistency with the
current Clean Air Act, as amended by SAFETEA-LU, and EPA regulations
governing state procedures for general conformity (40 CFR Part 93,
Subpart B and 40 CFR 51.851). The October 28, 2011 revisions, upon
approval by EPA, removes Sec. 101.30, ``Determining Conformity of
General Federal Actions to State or Federal Implementation Plans,''
from the SIP and revises the SIP Narrative. With the removal of Sec.
101.30 from the SIP, the federal rules in 40 CFR Part 93, Subpart B
will directly govern conformity of general federal actions in the State
of Texas. 40 CFR Part 93, Subpart B continues to subject certain
federal actions to general conformity requirements without the need for
identical state rules and SIPs. Therefore, repealing the state rule
will not impact continuity of the general conformity program in Texas,
and consequently meets the requirements of section 110(l). Federal
agencies will only need to comply with the EPA General Conformity Rule
requirements in 40 CFR Part 93, Subpart B. In addition, Texas' October
28, 2011 SIP revision meets the requirements set forth in section 110
of the CAA with respect to adoption and submission of SIP revisions.
III. Final Action
We are taking direct final action to approve revisions to the Texas
SIP submitted on October 28, 2011, that pertain to removal of Sec.
101.30, ``Determining Conformity of General Federal Actions to State or
Federal Implementation Plans,'' from the SIP and update the narrative
portion of the SIP. The approval of Texas' conformity SIP revisions
will align the Texas SIP with the current Clean Air Act, as amended by
SAFETEA-LU, and the most recent EPA regulations governing state
procedures for general conformity.
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 September 16,
2014 without further notice unless we receive relevant adverse comment
by August 18, 2014. If we receive relevant 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
relevant 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 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, 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 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);
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, 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
rule 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.
section 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 September 16, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
[[Page 41908]]
Dated: July 7, 2014.
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 is amended by:
0
a. In paragraph (c), the table titled ``EPA Approved Regulations in the
Texas SIP'' is amended by removing the entry for ``Section 101.30,
Conformity of General Federal Actions to State Implementation Plans'';
and
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 ``Conformity with
the National Ambient Air Quality Standards''.
The addition reads as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(e) * * *
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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Conformity with the National Statewide........... 10/28/2011 7/18/2014 [Insert The General
Ambient Air Quality Standards. Federal Register Conformity SIP is
citation]. removed from the
Texas SIP; the
federal rules at 40
CFR Part 93,
subpart B apply
now.
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[FR Doc. 2014-16826 Filed 7-17-14; 8:45 am]
BILLING CODE 6560-50-P