Approval and Promulgation of Air Quality Implementation Plans; Texas; Infrastructure and Interstate Transport for the 2008 Lead National Ambient Air Quality Standards, 1881-1882 [2016-00574]
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Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations
Unfunded Mandates Reform Act of
1995
ENVIRONMENTAL PROTECTION
AGENCY
This rule will not cause State, local
and tribal governments, or the private
sector, to spend $100,000,000 or more in
any one year, and it will not
significantly or uniquely affect small
governments. We do not need to take
action under the Unfunded Mandates
Reform Act of 1995.
40 CFR Part 52
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by § 804 of the Small Business
Regulatory Enforcement Fairness Act of
1996. This rule will not result in an
annual effect on the economy of
$100,000,000 or more; a major increase
in costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
[EPA–R06–OAR–2011–0864; FRL–9941–29–
Region 6]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Infrastructure and Interstate Transport
for the 2008 Lead National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Authority: 5 U.S.C. 301; 18 U.S.C. 3565,
3568–3569 (Repealed in part as to offenses
committed on or after November 1, 1987),
3582, 3621, 3622, 3624, 4001, 4042, 4081,
4082 (Repealed in part as to offenses
committed on or after November 1, 1987),
4161–4166 and 4201–4218 (Repealed as to
offenses committed on or after November 1,
1987), 5006–5024 (Repealed October 12, 1984
as to offenses committed after that date),
5031–5042; 28 U.S.C. 509, 510; U.S. Const.,
Art. II, Sec. 2; 28 CFR 0.95–0.99, 1.1–1.10.
Under the Federal Clean Air
Act (CAA) the Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) submission
from the State of Texas for the 2008
Lead (Pb) National Ambient Air Quality
Standards (NAAQS). The submittal
addresses how the existing SIP provides
for implementation, maintenance, and
enforcement of the 2008 Pb 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 CAA, including the four CAA
requirements for interstate transport of
Pb emissions.
DATES: This final rule is effective on
February 16, 2016.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2011–0864. 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
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
Tracie Donaldson, 214–665–6633,
donaldson.tracie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
Subpart H—[Removed and Reserved]
I. Background
List of Subjects in 28 CFR Part 571
Prisoners.
Charles E. Samuels, Jr.,
Director, Bureau of Prisons.
Under rulemaking authority vested in
the Attorney General in 5 U.S.C. 301
and 28 U.S.C. 509, 510, and delegated
to the Director, Bureau of Prisons in 28
CFR 0.96, we amend 28 CFR part 571 as
set forth below.
SUBCHAPTER D—COMMUNITY
PROGRAMS AND RELEASE
PART 571—RELEASE FROM
CUSTODY
1. The authority citation for 28 CFR
part 571 continues to read as follows:
mstockstill on DSK4VPTVN1PROD with RULES
■
2. Subpart H, Designation of Offenses
for Purposes of 18 U.S.C. 4042(c) is
removed and reserved.
■
[FR Doc. 2016–00385 Filed 1–13–16; 8:45 am]
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Jkt 238001
SUMMARY:
The background for this action is
discussed in detail in our October 15,
2015, proposal (80 FR 62003). In that
document, we proposed that the Texas
i-SIP submittal for the 2008 Pb NAAQS
met the requirements for an i-SIP,
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
1881
including the requirements for interstate
transport of Pb emissions. This action is
being taken under section 110 of the
Act. We did not receive any comments
regarding our proposed approval.
II. Final Action
We are approving the September 8,
2011 and October 13, 2011, submissions
from Texas, which address the
requirements of CAA sections 110(a)(1)
and (2) as applicable to the 2008 Pb
NAAQS. Specifically, we are approving
these infrastructure elements:
110(a)(2)(A), (B), (C), (D), (E), (F), (G),
(H), (J), (K), (L), and (M). We are also
approving the Texas demonstration that
it meets the four statutory requirements
for interstate transport of Pb emissions.
III. 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, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive 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, 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);
E:\FR\FM\14JAR1.SGM
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1882
Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations
• 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 14, 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)).
reference, Intergovernmental relations,
Lead (Pb), Reporting and recordkeeping
requirements.
Dated: January 5, 2016.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. In § 52.2270, the second table in
paragraph (e) titled ‘‘EPA Approved
Nonregulatory Provisions and QuasiRegulatory Measures in the Texas SIP’’
is amended by adding the entry
‘‘Infrastructure and Interstate Transport
for the 2008 Pb NAAQS’’ at the end of
the table to read as follows:
■
§ 52.2270
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
*
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
*
*
*
Infrastructure and Interstate Statewide ...........................
Transport for the 2008 Pb
NAAQS.
[FR Doc. 2016–00574 Filed 1–13–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0673; FRL–9941–13–
Region 9]
Partial Approval and Disapproval of
Nevada Air Plan Revisions, Clark
County
Environmental Protection
Agency (EPA).
ACTION: Final rule.
mstockstill on DSK4VPTVN1PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing a partial
approval and partial disapproval of
revisions to the Clark County portion of
the Nevada State Implementation Plan
SUMMARY:
VerDate Sep<11>2014
16:27 Jan 13, 2016
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*
9/8/2011, 10/13/2011
EPA approval date
*
*
1/14/2016 [Insert Federal
Register citation].
(SIP). The SIP revisions include
rescission of four local rules that
collectively apply to sources that emit
volatile organic compounds (VOCs),
oxides of sulfur (SOX), and particulate
matter (PM). In this final action, the
EPA is approving the rescission of two
of the rules and disapproving the
rescission of the other two rules.
Approval of the rescission of the two
local rules removes them from the
Nevada SIP. The two rules for which the
EPA is disapproving rescission remain
in the Nevada SIP.
DATES: This rule is effective on February
16, 2016.
ADDRESSES: The EPA has established
docket number EPA–R09–OAR–2015–
0673 for this action. Generally,
documents in the docket for this action
are available electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
Comments
*
San Francisco, California 94105–3901.
While all documents in the docket are
listed at https://www.regulations.gov,
some information may be publicly
available only at the hard copy location
(e.g., copyrighted material, large maps,
multi-volume reports), and some may
not be available in either location (e.g.,
confidential business information
(CBI)). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Kevin Gong, EPA Region IX, (415) 972–
3073, Gong.Kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
E:\FR\FM\14JAR1.SGM
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[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Rules and Regulations]
[Pages 1881-1882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00574]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2011-0864; FRL-9941-29-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Infrastructure and Interstate Transport for the 2008 Lead
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Under the Federal Clean Air Act (CAA) the Environmental
Protection Agency (EPA) is approving a State Implementation Plan (SIP)
submission from the State of Texas for the 2008 Lead (Pb) National
Ambient Air Quality Standards (NAAQS). The submittal addresses how the
existing SIP provides for implementation, maintenance, and enforcement
of the 2008 Pb 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 CAA, including the four CAA requirements for interstate
transport of Pb emissions.
DATES: This final rule is effective on February 16, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2011-0864. 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 the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, 214-665-6633,
donaldson.tracie@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
October 15, 2015, proposal (80 FR 62003). In that document, we proposed
that the Texas i-SIP submittal for the 2008 Pb NAAQS met the
requirements for an i-SIP, including the requirements for interstate
transport of Pb emissions. This action is being taken under section 110
of the Act. We did not receive any comments regarding our proposed
approval.
II. Final Action
We are approving the September 8, 2011 and October 13, 2011,
submissions from Texas, which address the requirements of CAA sections
110(a)(1) and (2) as applicable to the 2008 Pb NAAQS. Specifically, we
are approving these infrastructure elements: 110(a)(2)(A), (B), (C),
(D), (E), (F), (G), (H), (J), (K), (L), and (M). We are also approving
the Texas demonstration that it meets the four statutory requirements
for interstate transport of Pb emissions.
III. 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, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
[[Page 1882]]
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 14, 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)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead (Pb), Reporting and
recordkeeping requirements.
Dated: January 5, 2016.
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, the second table in paragraph (e) titled ``EPA
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the
Texas SIP'' is amended by adding the entry ``Infrastructure and
Interstate Transport for the 2008 Pb NAAQS'' at the end of the table 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 submittal/
Name of SIP provision nonattainment effective date EPA approval date Comments
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure and Interstate Statewide........ 9/8/2011, 10/13/2011 1/14/2016 [Insert .................
Transport for the 2008 Pb Federal Register
NAAQS. citation].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-00574 Filed 1-13-16; 8:45 am]
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