Approval and Promulgation of Implementation Plans; Texas; Infrastructure Requirements for the 1997 Ozone and the 1997 and 2006 PM2.5, 53467-53469 [2015-22035]
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Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Rules and Regulations
1. The authority citation for part 165
continues to read as follows:
(d) Enforcement officials. The U.S.
Coast Guard may be assisted by Federal,
State, and local agencies in the patrol
and enforcement of the zone.
(e) Enforcement period. This safety
zone will be effective from 8:00 p.m.
until 10:00 p.m. on September 6, 2015,
unless cancelled earlier by the Captain
of the Port.
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■
[FR Doc. 2015–21953 Filed 9–3–15; 8:45 am]
2. Add § 165.T05–0823 to read as
follows:
■
BILLING CODE 9110–04–P
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§ 165.T05–0823 Safety Zone, Labor Day
Long Neck Style Fireworks, Indian River
Bay; Long Neck, DE.
(a) Regulated area. The following area
is a safety zone: all waters of Indian
River Bay within a 230 yard radius of
the fireworks launch platform in
approximate position 38°36′35.8″ N.,
075°09′04.4″ W. in Long Neck, DE.
(b) Regulations. The general safety
zone regulations found in subpart C of
this part apply to the safety zone created
by this section.
(1) All persons or vessels wishing to
transit through the Safety Zone must
request authorization to do so from the
Captain of the Port or his designated
representative one hour prior to the
intended time of transit.
(2) Vessels granted permission to
transit must do so in accordance with
the directions provided by the Captain
of the Port or his designated
representative to the vessel.
(3) To seek permission to transit the
Safety Zone, the Captain of the Port’s
representative can be contacted via
marine radio VHF Channel 16.
(4) This section applies to all vessels
wishing to transit through the safety
zone except vessels that are engaged in
the following operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation; and
(iii) Emergency response vessels.
(5) No person or vessel may enter or
remain in a safety zone without the
permission of the Captain of the Port;
(6) Each person and vessel in a safety
zone shall obey any direction or order
of the Captain of the Port.
(c) Definitions. (1) Captain of the Port
means the Commander, Coast Guard
Sector Delaware Bay, or any Coast
Guard commissioned, warrant or petty
officer who has been authorized by the
Captain of the Port to act on his behalf.
(2) Designated representative means
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the Captain of the Port, Delaware
Bay, to assist in enforcing the safety
zone described in paragraph (a) of this
section.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2013–0808; FRL–9932–50–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Infrastructure Requirements for the
1997 Ozone and the 1997 and 2006
PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing a change to
the Code of Federal Regulations (CFR) to
reflect a 2014 EPA approval to a State
Implementation Plan (SIP) revision to
regulate greenhouse gases (GHGs) in
Texas Prevention of Significant
Deterioration (PSD) permitting program
and to show that the SIP deficiency
identified in a prior partial disapproval
for the 1997 Ozone and the 1997 and
2006 PM2.5 National Ambient Air
Quality Standards (NAAQS) has been
addressed.
DATES: This rule is effective on
November 3, 2015 without further
notice, unless EPA receives relevant
adverse comment by October 5, 2015. 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–2013–0808, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions.
• Email: Carl Young at young.carl@
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.
SUMMARY:
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53467
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2013–
0808. The 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
electronically any information that you
consider to be CBI or other information
whose disclosure is restricted by statute.
The https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means that the 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 the 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, the 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 the
EPA cannot read your comment due to
technical difficulties and cannot contact
you for clarification, the 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. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional information on submitting
comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
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).
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Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Rules and Regulations
Carl
Young, 214–665–6645, young.carl@
epa.gov. To inspect the hard copy
materials, please schedule an
appointment with Mr. Young.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
FOR FURTHER INFORMATION CONTACT:
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I. Background
In an action on April 4, 2008, we
partially approved and partially
disapproved the portions of a Texas SIP
submittal for the 1997 ozone and 1997
PM2.5 NAAQS pertaining to prevention
of significant deterioration (PSD)
permitting (76 FR 81371, December 28,
2011). Our partial disapproval was
based on the fact that at the time the
Texas SIP did not regulate greenhouse
gases (GHGs) in the PSD permitting
program. Afterwards Texas revised the
SIP to regulate GHGs in their PSD
permitting program. We approved this
revision in 2014 (79 FR 66626,
November 10, 2014). Now that Texas
has a fully approved SIP for PSD
permitting, the deficiency that led to our
December 28, 2011 partial disapproval
has been addressed. However, in our
approval of the GHG program, we did
not revise the CFR to reflect that the
deficiency had been addressed. We are
correcting that oversight in today’s
action.
II. Final Action
Using our authority under 110(k)(6) of
the Act, we are finalizing a change to 40
CFR 52.2270(c) to reflect a 2014 EPA
approval to a SIP revision to regulate
GHGs in Texas’ PSD permitting program
and to show that the SIP deficiency
identified in our prior partial
disapproval for the 1997 Ozone and the
1997 and 2006 PM2.5 NAAQS has been
addressed.
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 November 3, 2015
without further notice unless we receive
relevant adverse comment by October 5,
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
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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.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely revises the
CFR to reflect a 2014 EPA approval to
a SIP revision to regulate GHGs in Texas
PSD permitting program and to show
that the SIP deficiency identified in a
prior partial disapproval for the 1997
Ozone and the 1997 and 2006 PM2.5
National Ambient Air Quality Standards
(NAAQS) has been addressed. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
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• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to
apply on any Indian reservation land or
in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 3,
2015. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposed of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Particulate matter,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 26, 2015.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
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Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Rules and Regulations
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Subpart SS—Texas
2. The second table in § 52.2270(e)
titled ‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Texas SIP’’ is amended
by revising the entry for ‘‘Infrastructure
and Interstate Transport for the 1997
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Ozone and the 1997 and 2006 PM2.5
NAAQS’’.
The revision 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
non-attainment area
State approval/submittal date
*
*
Infrastructure
and
Interstate
Transport for the 1997 Ozone
and the 1997 and 2006 PM2.5
NAAQS.
*
Statewide .....................................
*
12/12/2007, 3/
11/2008, 4/4/
2008, 11/23/
2009
*
*
*
[FR Doc. 2015–22035 Filed 9–3–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2014–0114; FRL–9931–18]
Oxathiapiprolin; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of
oxathiapiprolin in or on multiple
commodities that are identified and
discussed later in this document. E.I. du
Pont de Nemours and Company
(‘‘Dupont’’) requested these tolerances
under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
DATES: This regulation is effective
September 4, 2015. Objections and
requests for hearings must be received
on or before November 3, 2015, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2014–0114, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
rmajette on DSK2VPTVN1PROD with RULES
SUMMARY:
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*
EPA approval date
Comments
*
*
12/28/2011, 76 FR 81371
*
Approval for CAA elements 110(a)(2)(A), (B),
(E), (F), (G), (H), (K),
(L), and (M). Full approval for CAA elements
110(a)(2)(C), (D)(i)(II),
(D)(ii) and (J) with approval of the GHG PSD
revision (11/10/2014, 79
FR 66626).
*
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
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*
*
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2014–0114 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before November 3, 2015. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
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]]>Agencies
[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Rules and Regulations]
[Pages 53467-53469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22035]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2013-0808; FRL-9932-50-Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Infrastructure Requirements for the 1997 Ozone and the 1997 and 2006
PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
change to the Code of Federal Regulations (CFR) to reflect a 2014 EPA
approval to a State Implementation Plan (SIP) revision to regulate
greenhouse gases (GHGs) in Texas Prevention of Significant
Deterioration (PSD) permitting program and to show that the SIP
deficiency identified in a prior partial disapproval for the 1997 Ozone
and the 1997 and 2006 PM2.5 National Ambient Air Quality
Standards (NAAQS) has been addressed.
DATES: This rule is effective on November 3, 2015 without further
notice, unless EPA receives relevant adverse comment by October 5,
2015. 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-
2013-0808, by one of the following methods:
www.regulations.gov: Follow the on-line instructions.
Email: Carl Young at young.carl@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-
2013-0808. The 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
electronically any information that you consider to be CBI or other
information whose disclosure is restricted by statute. The https://www.regulations.gov Web site is an ``anonymous access'' system, which
means that the 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 the 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, the 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 the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the 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. Multimedia submissions (audio, video, etc.)
must be accompanied by a written comment. The written comment is
considered the official comment and should include discussion of all
points you wish to make. The EPA will generally not consider comments
or comment contents located outside of the primary submission (i.e. on
the web, cloud, or other file sharing system). For additional
information on submitting comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
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).
[[Page 53468]]
FOR FURTHER INFORMATION CONTACT: Carl Young, 214-665-6645,
young.carl@epa.gov. To inspect the hard copy materials, please schedule
an appointment with Mr. Young.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
In an action on April 4, 2008, we partially approved and partially
disapproved the portions of a Texas SIP submittal for the 1997 ozone
and 1997 PM2.5 NAAQS pertaining to prevention of significant
deterioration (PSD) permitting (76 FR 81371, December 28, 2011). Our
partial disapproval was based on the fact that at the time the Texas
SIP did not regulate greenhouse gases (GHGs) in the PSD permitting
program. Afterwards Texas revised the SIP to regulate GHGs in their PSD
permitting program. We approved this revision in 2014 (79 FR 66626,
November 10, 2014). Now that Texas has a fully approved SIP for PSD
permitting, the deficiency that led to our December 28, 2011 partial
disapproval has been addressed. However, in our approval of the GHG
program, we did not revise the CFR to reflect that the deficiency had
been addressed. We are correcting that oversight in today's action.
II. Final Action
Using our authority under 110(k)(6) of the Act, we are finalizing a
change to 40 CFR 52.2270(c) to reflect a 2014 EPA approval to a SIP
revision to regulate GHGs in Texas' PSD permitting program and to show
that the SIP deficiency identified in our prior partial disapproval for
the 1997 Ozone and the 1997 and 2006 PM2.5 NAAQS has been
addressed.
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 November 3, 2015
without further notice unless we receive relevant adverse comment by
October 5, 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.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
revises the CFR to reflect a 2014 EPA approval to a SIP revision to
regulate GHGs in Texas PSD permitting program and to show that the SIP
deficiency identified in a prior partial disapproval for the 1997 Ozone
and the 1997 and 2006 PM2.5 National Ambient Air Quality
Standards (NAAQS) has been addressed. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 3, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposed of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Particulate matter, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 26, 2015.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
[[Page 53469]]
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 second table in Sec. 52.2270(e) titled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by revising the entry for ``Infrastructure and
Interstate Transport for the 1997 Ozone and the 1997 and 2006
PM2.5 NAAQS''.
The revision reads as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic
Name of SIP provision or non-attainment State approval/ EPA approval date Comments
area submittal date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure and Interstate Statewide............ 12/12/2007, 3/ 12/28/2011, 76 FR 81371............... Approval for CAA elements
Transport for the 1997 Ozone and 11/2008, 4/4/ 110(a)(2)(A), (B), (E), (F), (G),
the 1997 and 2006 PM2.5 NAAQS. 2008, 11/23/ (H), (K), (L), and (M). Full
2009 approval for CAA elements
110(a)(2)(C), (D)(i)(II), (D)(ii)
and (J) with approval of the GHG PSD
revision (11/10/2014, 79 FR 66626).
* * * * * * *
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[FR Doc. 2015-22035 Filed 9-3-15; 8:45 am]
BILLING CODE 6560-50-P
