Approval and Promulgation of Air Quality Implementation Plans; Texas; Repeal of Lead Emission Rules for Stationary Sources in El Paso and Dallas County, 73842-73844 [2014-29146]

Download as PDF 73842 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations authorization of the agency, shall be liable to the Federal Government for the amount of the transaction, plus interest. The Service may collect such funds using procedures established in the applicable ACH Rules or by instructing a Federal Reserve Bank to debit the ODFI’s account at the Federal Reserve Bank of the account of its designated correspondent. The interest charge shall be at a rate equal to the Federal funds rate plus two percent, and shall be assessed for each calendar day, from the day the Treasury General Account (TGA) was debited to the day the TGA is recredited with the full amount due. (2) An RDFI that accepts an authorization in violation of § 210.4(a) shall be liable to the Federal Government for all credits or debits made in reliance on the authorization. An RDFI that transmits to an agency an authorization containing an incorrect account number shall be liable to the Federal Government for any resulting loss, up to the amount of the payment(s) made on the basis of the incorrect number. If an agency determines, after appropriate investigation, that a loss has occurred because an RDFI transmitted an authorization or notification of change containing an incorrect account number, the agency may instruct the Service to direct a Federal Reserve Bank to debit the RDFI’s account for the amount of the payment(s) made on the basis of the incorrect number. The agency shall notify the RDFI of the results of its investigation and provide the RDFI with a reasonable opportunity to respond before initiating such a debit. * * * * * Dated: December 9, 2014. Margaret Marquette, Chief Counsel, Bureau of the Fiscal Service. [FR Doc. 2014–29198 Filed 12–11–14; 8:45 am] BILLING CODE P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2014–0875] rljohnson on DSK3VPTVN1PROD with RULES Drawbridge Operation Regulation; Mississippi River, Clinton, IA Coast Guard, DHS. Notice of deviation from drawbridge regulations. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Clinton Railroad Drawbridge, across the Upper SUMMARY: VerDate Sep<11>2014 14:38 Dec 11, 2014 Jkt 235001 Mississippi River, mile 518.0, at Clinton, Iowa. The deviation is necessary to allow the bridge owner time to perform preventive maintenance that is essential to the continued safe operation of the drawbridge. Maintenance is scheduled in the winter when there is less impact on navigation; instead of scheduling work in the summer, when river traffic increases. This deviation allows the bridge to open on signal if at least 24-hours advance notice is given. It further allows the bridge to open on signal if at least 72hours advance notice is given from January 5, 2015 to February 13, 2015. DATES: This deviation is effective from 5 p.m., December 15, 2014 until 9 a.m., March 1, 2015. ADDRESSES: The docket for this deviation, (USCG–2014–0875) is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation, West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Eric A. Washburn, Bridge Administrator, Western Rivers, Coast Guard; telephone 314–269–2378, email Eric.Washburn@ uscg.mil. If you have questions on viewing the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: The Union Pacific Railroad requested a temporary deviation for the Clinton Railroad Drawbridge, across the Upper Mississippi River, mile 518.0, at Clinton, Iowa to open on signal if at least 24-hours advance notice is given for 76 days from 5 p.m., December 15, 2014 to 9 a.m., March 1, 2015 for scheduled maintenance on the bridge. The deviation further allows the bridge to open on signal if at least 72-hours advance notice from 8 a.m. January 5, 2015 until 5 p.m. February 13, 2015. The Clinton Railroad Drawbridge currently operates in accordance with 33 CFR 117.5, which states the general requirement that drawbridge shall open on signal. There are no alternate routes for vessels transiting this section of the Upper Mississippi River. Winter conditions on the Upper Mississippi River coupled with the PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 closure of Army Corps of Engineer’s Lock No. 17 (Mile 437.1 UMR) and Lock No. 20 (Mile 343.2 UMR) from 7 a.m. January 5, 2015 until 12 p.m., March 6, 2015 will preclude any significant navigation demands for the drawspan opening. In addition, Army Corps Lock No. 12 (Mile 556.7 UMR) and Lock No. 13 (Mile 522.5 UMR) will be closed from 7:30 a.m., December 15, 2014 until 11 a.m. March 4, 2015. The Clinton Railroad Drawbridge, in the closed-to-navigation position, provides a vertical clearance of 18.7 feet above normal pool. Navigation on the waterway consists primarily of commercial tows and recreational watercraft and will not be significantly impacted. This temporary deviation has been coordinated with waterway users and will not be significantly impacted. No objections were received. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: November 25, 2014. Eric A. Washburn, Bridge Administrator, Western Rivers. [FR Doc. 2014–29212 Filed 12–11–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2005–TX–0002; FRL–9920– 34–Region 6] Approval and Promulgation of Air Quality Implementation Plans; Texas; Repeal of Lead Emission Rules for Stationary Sources in El Paso and Dallas County Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the State Implementation Plan (SIP) for Texas which repeals lead emission rules which cover stationary sources in El Paso and Dallas county that are no longer in existence. This action is being taken under section 110(k) and part D of the Clean Air Act (CAA). DATES: This rule is effective on February 10, 2015 without further notice, unless EPA receives relevant adverse comment by January 12, 2015. If EPA receives such comment, EPA will publish a SUMMARY: E:\FR\FM\12DER1.SGM 12DER1 rljohnson on DSK3VPTVN1PROD with RULES Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No EPA–R06– OAR–2005–TX–0002, by one of the following methods: • www.regulations.gov. Follow the on-line instructions. • Email: Mr. Kenneth W. Boyce at boyce.kenneth@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–2005– TX–0002. 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 through www.regulations.gov or email, information that you consider to be CBI or otherwise protected. 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. For additional information about EPA’s public docket visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the www.regulations.gov index 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., VerDate Sep<11>2014 14:38 Dec 11, 2014 Jkt 235001 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: Mr. Kenneth W. Boyce (6PD–L), Air Planning Section, telephone (214) 665– 7259, fax (214) 665–6762, email: boyce.kenneth@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means EPA. Table of Contents I. Background II. EPA Review III. Final Action IV. Statutory and Executive Order Reviews I. Background The lead rules contained at 30 Texas Administrative Code Chapter 113 were adopted in 1984 as a result of emissions from a primary lead smelter (ASARCO) located in El Paso County, and two secondary lead smelters (battery recycling facilities) located in Dallas County (RSR and Dixie Metals). Subsequently, the lead processes in all three facilities were shut down and the equipment dismantled. Under its Regulation Reform initiative, the Texas Natural Resource Conservation Commission repealed these lead rules which were adopted to control site specific sources of lead in Dallas and El Paso Counties which are no longer in existence. II. EPA review Texas’ SIP revision to eliminate the lead rules was deemed complete by operation of law on August 5, 1999. These lead rules were adopted to control emissions from specific sources that are no longer in existence. A review of the emissions inventory for lead sources in Dallas and El Paso Counties confirms that there are no other operational primary or secondary lead smelters located within El Paso or Dallas counties. Therefore, it is no longer necessary for these rules to be included in the Texas SIP. Any new sources of lead in the future will have to demonstrate their operation will not cause violations of the more recent 2008 National Ambient Air Quality standard for lead before receiving a permit to construct. This Standard is much more stringent than the Standard that was in place in 1999. Therefore, as required by section 110(l) of the CAA, these revisions will not interfere with attainment or contribute to PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 73843 nonattainment of any national ambient air quality standard and do not interfere with any other requirement of the CAA. Therefore, EPA is approving these revisions to the Texas SIP. III. Final Action In accordance with Section 110(a) and (l) and 40 CFR part 51, EPA is taking direct final action to approve the State of Texas’ January 13, 1999 SIP revision submittal which repealed its lead emission rules which applied to operating stationary sources in both El Paso County and Dallas County that are no longer in existence. 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 February 10, 2015 without further notice unless we receive relevant adverse comment by January 12, 2015. 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 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 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); E:\FR\FM\12DER1.SGM 12DER1 rljohnson on DSK3VPTVN1PROD with RULES 73844 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations • 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). 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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. 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 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. 804(2). VerDate Sep<11>2014 14:38 Dec 11, 2014 Jkt 235001 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 February 10, 2015. 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, Incorporation by reference, Lead. Dated: November 19, 2014. 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 § 52.2270 [Amended] 2. In § 52.2270(c), the table titled ‘‘EPA Approved Regulations in the Texas SIP’’ is amended by removing the centered headings and entries for ‘‘Chapter 113 (Reg 3)—Control of Air Pollution From Toxic Materials’’. ■ [FR Doc. 2014–29146 Filed 12–11–14; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [GC Docket No. 10–44; FCC 14–179] The Commission’s Rules of Practice and Procedure Relating to the Filing of Formal Complaints and Pole Attachment Complaints Federal Communications Commission. ACTION: Final rules. AGENCY: This document amends procedural rules implemented by the Commission’s 2011 determination that docketing and electronic filing be utilized in proceedings involving ‘‘[n]ewly filed formal common carrier SUMMARY: PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 complaints and newly filed pole attachment complaints before the Enforcement Bureau.’’ The rule changes also apply to future filings made in existing Section 208 formal complaints and pole attachment complaints. In addition, the amendments make a few procedural changes to existing Section 208 formal complaint and pole attachment complaint filing rules to create uniformity among them and ease of administration for parties and staff when initiating service of pleadings or filing confidential matters with the Commission. The rules further establish a single electronic inbox within Electronic Comment Filing System (ECFS) to handle the initial filing of the above-identified new complaints. Accepted complaints will receive a distinct ECFS docket number; rejected complaints will remain on ECFS but will be stored within the Inbox. DATES: Effective January 12, 2015. FOR FURTHER INFORMATION CONTACT: Tracy Bridgham, Enforcement Bureau, Federal Communications Commission, Tracy.Bridgham@fcc.gov, (202) 418– 0967. SUPPLEMENTARY INFORMATION: This document, adopted on November 5, 2014 and released on November 12, 2014, GC Docket No. 10–44, FCC 14– 179, revises several sections of 47 CFR part 1. The rule changes will facilitate and enhance public participation in Commission section 208 formal complaint and section 224 pole attachment complaint proceedings, thereby making the Commission’s decision-making process more efficient, modern, and transparent. Regulatory Flexibility Act. The actions taken in this Order do not require notice and comment, and therefore fall outside the Regulatory Flexibility Act of 1980, 5 U.S.C. 601(2); 603(a), as amended. We nonetheless anticipate that the rules we adopt today will not have a significant economic impact on a substantial number of small entities. As described above, the rules relate to our internal procedures and do not impose new substantive responsibilities on regulated entities. There is no reason to believe that operation of the revised rules will impose significant costs on parties to Commission proceedings. To the contrary, we take today’s actions with the expectation that, overall, they will make dealings with the Commission quicker, easier, and less costly for entities of all sizes. Paperwork Reduction Act. Although the rule sections affected by this proceeding have information collections associated with them, the Office of Management and Budget has E:\FR\FM\12DER1.SGM 12DER1

Agencies

[Federal Register Volume 79, Number 239 (Friday, December 12, 2014)]
[Rules and Regulations]
[Pages 73842-73844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29146]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-TX-0002; FRL-9920-34-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Repeal of Lead Emission Rules for Stationary Sources in El Paso 
and Dallas County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the State Implementation Plan 
(SIP) for Texas which repeals lead emission rules which cover 
stationary sources in El Paso and Dallas county that are no longer in 
existence. This action is being taken under section 110(k) and part D 
of the Clean Air Act (CAA).

DATES: This rule is effective on February 10, 2015 without further 
notice, unless EPA receives relevant adverse comment by January 12, 
2015. If EPA receives such comment, EPA will publish a

[[Page 73843]]

timely withdrawal in the Federal Register informing the public that 
this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No EPA-R06-
OAR-2005-TX-0002, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions.
     Email: Mr. Kenneth W. Boyce at boyce.kenneth@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-
2005-TX-0002. 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 through 
www.regulations.gov or email, information that you consider to be CBI 
or otherwise protected. 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. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index 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: Mr. Kenneth W. Boyce (6PD-L), Air 
Planning Section, telephone (214) 665-7259, fax (214) 665-6762, email: 
boyce.kenneth@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' means EPA.

Table of Contents

I. Background
II. EPA Review
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    The lead rules contained at 30 Texas Administrative Code Chapter 
113 were adopted in 1984 as a result of emissions from a primary lead 
smelter (ASARCO) located in El Paso County, and two secondary lead 
smelters (battery recycling facilities) located in Dallas County (RSR 
and Dixie Metals). Subsequently, the lead processes in all three 
facilities were shut down and the equipment dismantled. Under its 
Regulation Reform initiative, the Texas Natural Resource Conservation 
Commission repealed these lead rules which were adopted to control site 
specific sources of lead in Dallas and El Paso Counties which are no 
longer in existence.

II. EPA review

    Texas' SIP revision to eliminate the lead rules was deemed complete 
by operation of law on August 5, 1999. These lead rules were adopted to 
control emissions from specific sources that are no longer in 
existence. A review of the emissions inventory for lead sources in 
Dallas and El Paso Counties confirms that there are no other 
operational primary or secondary lead smelters located within El Paso 
or Dallas counties. Therefore, it is no longer necessary for these 
rules to be included in the Texas SIP. Any new sources of lead in the 
future will have to demonstrate their operation will not cause 
violations of the more recent 2008 National Ambient Air Quality 
standard for lead before receiving a permit to construct. This Standard 
is much more stringent than the Standard that was in place in 1999. 
Therefore, as required by section 110(l) of the CAA, these revisions 
will not interfere with attainment or contribute to nonattainment of 
any national ambient air quality standard and do not interfere with any 
other requirement of the CAA. Therefore, EPA is approving these 
revisions to the Texas SIP.

III. Final Action

    In accordance with Section 110(a) and (l) and 40 CFR part 51, EPA 
is taking direct final action to approve the State of Texas' January 
13, 1999 SIP revision submittal which repealed its lead emission rules 
which applied to operating stationary sources in both El Paso County 
and Dallas County that are no longer in existence.
    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 February 10, 2015 
without further notice unless we receive relevant adverse comment by 
January 12, 2015. 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 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 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);

[[Page 73844]]

     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).

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 as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 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. 
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 February 10, 2015. 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, Incorporation by 
reference, Lead.

    Dated: November 19, 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


Sec.  52.2270  [Amended]

0
2. In Sec.  52.2270(c), the table titled ``EPA Approved Regulations in 
the Texas SIP'' is amended by removing the centered headings and 
entries for ``Chapter 113 (Reg 3)--Control of Air Pollution From Toxic 
Materials''.
[FR Doc. 2014-29146 Filed 12-11-14; 8:45 am]
BILLING CODE 6560-50-P