Approval and Promulgation of Implementation Plans; Infrastructure and Interstate Transport State Implementation Plan for the 2010 Sulfur Dioxide National Ambient Air Quality Standards, 1127-1128 [2015-33180]
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Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2013–0388; FRL–9940–86–
Region 6]
Approval and Promulgation of
Implementation Plans; Infrastructure
and Interstate Transport State
Implementation Plan for the 2010
Sulfur Dioxide National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
a State Implementation Plan (SIP)
submission from the State of Texas for
the Sulfur Dioxide (SO2) National
Ambient Air Quality Standards
(NAAQS). The submittal addresses how
the existing SIP provides for
implementation, maintenance, and
enforcement of the 2010 SO2 NAAQS
(infrastructure SIP or i-SIP). This i-SIP
ensures that the State’s SIP is adequate
to meet the state’s responsibilities under
the Federal Clean Air Act (CAA).
DATES: This final rule is effective on
February 10, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2013–0388. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
EPA Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
Nevine Salem, 214–665–7222,
salem.nevine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Lhorne on DSK5TPTVN1PROD with RULES
SUMMARY:
I. Background
The background for this action is
discussed in detail in our October 6,
2015 proposal (80 FR 60314). In that
document, we proposed to approve
portions of the SIP submittal from the
State of Texas adopted on April 23,
2013, and submitted on May 6, 2013.
The submittal addresses how the
VerDate Sep<11>2014
17:04 Jan 08, 2016
Jkt 238001
existing SIP provides for
implementation, maintenance, and
enforcement of the 2010 SO2 NAAQS.
This i-SIP ensures that the State’s SIP is
adequate to meet the state’s
responsibilities under the CAA. We did
not receive any comments regarding our
proposal.
II. Final Action
EPA is approving portions of the May
6, 2013, infrastructure SIP submission
from Texas, which addresses the
requirements of CAA sections 110(a)(1)
and (2) as applicable to the 2010 SO2
NAAQS. Specifically, EPA is approving
the following infrastructure elements, or
portions thereof: 110(a)(2)(A), (B), (C),
(D)(i)(II) (PSD portion), D(ii), (E), (F),
(G), (H), (J), (K), (L), and (M). EPA is not
taking action on: The portion pertaining
to section 110(a)(2)(D)(i)(I), which
concerns interstate pollution transport
affecting attainment and maintenance of
the NAAQS and the portion pertaining
to section 110(a)(2)(D)(i)(II) pertaining to
visibility protection.
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,
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 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
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
1127
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to
apply on any Indian reservation land or
in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by March 11, 2016.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposed of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
E:\FR\FM\11JAR1.SGM
11JAR1
1128
Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur dioxide.
Dated: December 23, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.
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(e), the second table
titled ‘‘EPA Approved Nonregulatory
■
§ 52.2270
Identification of plan.
*
Subpart SS—Texas
40 CFR part 52 is amended as follows:
Provisions and Quasi-Regulatory
Measures in the Texas SIP’’ is amended
by adding an entry at the end for
‘‘Infrastructure and Transport SIP
Revision for the 2010 SO2 NAAQS’’ to
read as follows:
*
*
*
*
(e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
Applicable
geographic or
nonattainment
area
*
*
Infrastructure and Transport SIP
Revision for the 2010 SO2
NAAQS.
Statewide
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2015–0813; FRL–9940–93–
Region 10]
Approval and Promulgation of
Implementation Plans; Washington;
Removal of Obsolete Regulations
Environmental Protection
Agency (EPA).
AGENCY:
Direct final rule.
The Environmental Protection
Agency (EPA) is taking direct final
action to remove outdated rules in the
Code of Federal Regulations (CFR) for
the State of Washington because they
are unnecessary or obsolete. The EPA is
also clarifying regulations to reflect
updated citations and more recent air
quality monitoring data. This direct
final action makes no substantive
changes to the State Implementation
Plan (SIP) and imposes no new
requirements.
SUMMARY:
This rule is effective on March
11, 2016, without further notice, unless
the EPA receives adverse comment by
February 10, 2016. If the EPA receives
adverse comment, we will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect.
Lhorne on DSK5TPTVN1PROD with RULES
DATES:
VerDate Sep<11>2014
17:04 Jan 08, 2016
Jkt 238001
EPA approval date
*
5/6/2013
Comments
*
1/11/2016 [Insert Federal Register citation].
*
*
Approval for CAA elements 110(a)(2)(A), (B),
(C), (D)(i)(II) (PSD portion), D(ii), (E), (F),
(G), (H), (J), (K), (L), and (M).
Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2015–0813, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. 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 submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
[FR Doc. 2015–33180 Filed 1–8–16; 8:45 am]
ACTION:
State
submittal/
effective
date
Jeff
Hunt, EPA Region 10, (206) 553–0256,
hunt.jeff@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, it is
intended to refer to the EPA.
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Fmt 4700
Sfmt 4700
I. Introduction
This action is being taken pursuant to
Executive Order 13563—Improving
Regulation and Regulatory Review. It is
intended to reduce the number of pages
in the CFR by identifying those rules in
40 CFR part 52, subpart WW, for the
State of Washington that are
duplicative, outdated, or obsolete. These
rules no longer have any use or legal
effect because they have been
superseded by subsequently approved
SIP revisions. This action also amends
certain rules by revising outdated
citations and updating provisions based
on more recent ambient air quality
monitoring data. One aspect of the
EPA’s action removes historical
information found in the ‘‘Original
Identification of plan’’ section in 40 CFR
52.2477. This section is no longer
necessary because the EPA promulgated
administrative rule actions to replace
these paragraphs with summary tables
in 40 CFR 52.2470 (78 FR 17108, March
20, 2013). These summary tables
describe the regulations, source-specific
actions, and non-regulatory
requirements which comprise the SIP.
II. Removal of Obsolete or Unnecessary
Rules and Clarifications to Certain
Rules
The EPA reviewed the following
regulations and found that they should
be removed or revised for the reasons
set forth as follows:
E:\FR\FM\11JAR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Rules and Regulations]
[Pages 1127-1128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33180]
[[Page 1127]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2013-0388; FRL-9940-86-Region 6]
Approval and Promulgation of Implementation Plans; Infrastructure
and Interstate Transport State Implementation Plan for the 2010 Sulfur
Dioxide National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of a State Implementation Plan (SIP) submission from the State
of Texas for the Sulfur Dioxide (SO2) National Ambient Air
Quality Standards (NAAQS). The submittal addresses how the existing SIP
provides for implementation, maintenance, and enforcement of the 2010
SO2 NAAQS (infrastructure SIP or i-SIP). This i-SIP ensures
that the State's SIP is adequate to meet the state's responsibilities
under the Federal Clean Air Act (CAA).
DATES: This final rule is effective on February 10, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2013-0388. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through https://www.regulations.gov or in hard copy at
EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Nevine Salem, 214-665-7222,
salem.nevine@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The background for this action is discussed in detail in our
October 6, 2015 proposal (80 FR 60314). In that document, we proposed
to approve portions of the SIP submittal from the State of Texas
adopted on April 23, 2013, and submitted on May 6, 2013. The submittal
addresses how the existing SIP provides for implementation,
maintenance, and enforcement of the 2010 SO2 NAAQS. This i-
SIP ensures that the State's SIP is adequate to meet the state's
responsibilities under the CAA. We did not receive any comments
regarding our proposal.
II. Final Action
EPA is approving portions of the May 6, 2013, infrastructure SIP
submission from Texas, which addresses the requirements of CAA sections
110(a)(1) and (2) as applicable to the 2010 SO2 NAAQS.
Specifically, EPA is approving the following infrastructure elements,
or portions thereof: 110(a)(2)(A), (B), (C), (D)(i)(II) (PSD portion),
D(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA is not taking
action on: The portion pertaining to section 110(a)(2)(D)(i)(I), which
concerns interstate pollution transport affecting attainment and
maintenance of the NAAQS and the portion pertaining to section
110(a)(2)(D)(i)(II) pertaining to visibility protection.
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, 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 11, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposed of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
[[Page 1128]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur dioxide.
Dated: December 23, 2015.
Samuel Coleman,
Acting 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(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 ``Infrastructure and
Transport SIP Revision for the 2010 SO2 NAAQS'' to read as
follows:
Sec. 52.2270 Identification of plan.
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or State
Name of SIP provision nonattainment submittal/ EPA approval date Comments
area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure and Transport SIP Statewide 5/6/2013 1/11/2016 [Insert Approval for CAA
Revision for the 2010 SO2 NAAQS. Federal Register elements 110(a)(2)(A),
citation]. (B), (C), (D)(i)(II)
(PSD portion), D(ii),
(E), (F), (G), (H),
(J), (K), (L), and
(M).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2015-33180 Filed 1-8-16; 8:45 am]
BILLING CODE 6560-50-P
