Approval and Promulgation of Air Quality Implementation Plans; Texas; Infrastructure Requirements for Consultation With Government Officials, Public Notification and Prevention of Significant Deterioration and Visibility Protection for the 2008 Ozone and 2010 Nitrogen Dioxide National Ambient Air Quality Standards, 69685-69687 [2016-24115]
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69685
Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Applicable geographic or
non-attainment area
Name of SIP provision
State
submittal/effective date
*
*
Vehicle Inspection and Maintenance.
*
Dallas-Fort Worth, El Paso
County
and
Houston-Galveston-Brazoria.
*
*
*
Austin Early Action Compact
area Vehicle Inspection and
Maintenance.
*
Travis and Williamson Counties
*
*
*
*
*
*
[FR Doc. 2016–24205 Filed 10–6–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2012–0953; FRL–9952–76–
Region 6]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Infrastructure Requirements for
Consultation With Government
Officials, Public Notification and
Prevention of Significant Deterioration
and Visibility Protection for the 2008
Ozone and 2010 Nitrogen Dioxide
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
State Implementation Plan (SIP)
submittals from the State of Texas
pertaining to Clean Air Act (CAA)
section 110(a)(2)(J): Consultation with
Government Officials, Public
Notification, and Prevention of
Significant Deterioration and Visibility
Protection for the 2008 Ozone (O3) and
2010 Nitrogen Dioxide (NO2) National
Ambient Air Quality Standards
(NAAQS). These submittals address
how the existing SIP provides for
implementation, maintenance, and
enforcement of the 2008 O3 and 2010
NO2 NAAQS (infrastructure SIPs or
i-SIPs). These i-SIPs ensure that the SIP
is adequate to meet the State’s
responsibilities under the CAA. This
direct final rule and the accompanying
proposal will complete the rulemaking
process started in our February 8, 2016,
proposal, approve Section 110(a)(2)(J),
and confirm that the SIP has adequate
mstockstill on DSK3G9T082PROD with RULES
SUMMARY:
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EPA approval date
*
*
10/7/2016, [Insert Federal
Register citation]
*
6/11/2015
*
*
10/7/2016, [Insert Federal
Register citation]
*
6/11/2015
infrastructure to implement, maintain
and enforce this section of the CAA
with regard to the 2008 O3 and 2010
NO2 NAAQS.
DATES: This rule is effective on
December 6, 2016 without further
notice, unless the EPA receives relevant
adverse comment by November 7, 2016.
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–2012–0953, at https://
www.regulations.gov or via email to
fuerst.sherry@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. 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. 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, please contact Sherry Fuerst,
(214) 665–6454, fuerst.sherry@epa.gov.
For 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.
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
PO 00000
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Fmt 4700
Comments
Sfmt 4700
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).
FOR FURTHER INFORMATION CONTACT:
Sherry Fuerst, 214–665–6454,
fuerst.sherry@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Ms. Fuerst or Bill
Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
I. Background
On March 12, 2008, EPA revised the
levels of the ozone (hereafter the 2008
O3) NAAQS (73 FR 16436, March 27,
2008). Likewise, on January 22, 2010,
we revised the nitrogen dioxide NAAQS
(hereafter the 2010 NO2) (75 FR 6474,
February 9, 2010). The CAA requires
states to submit, within three years after
promulgation of a new or revised
standard, SIPs meeting the applicable
‘‘infrastructure’’ elements of sections
110(a)(1) and (2). We issued guidance
addressing the i-SIP elements for
NAAQS.1 One of these applicable
infrastructure elements, CAA section
110(a)(2)(J), requires the SIP must meet
the following three CAA requirements:
(1) Section 121, relating to interagency
consultation regarding certain CAA
requirements; (2) section 127, relating to
public notification of NAAQS
exceedances and related issues; and (3)
prevention of significant deterioration of
air quality and visibility protection.
The Texas Commission on
Environmental Quality submitted i-SIP
demonstrations of how the existing
Texas SIP meets the requirements of the
2010 NO2 NAAQS on December 7, 2012,
and for the 2008 O3 NAAQS on
1 ‘‘Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clean
Air Act Sections 110(a)(1) and 110(a)(2),’’
Memorandum from Stephen D. Page, September 13,
2013.
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Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations
mstockstill on DSK3G9T082PROD with RULES
December 13, 2012. A detailed
discussion of our evaluation of how the
Texas submittals meet 110(a)(2)(J) is
provided in our February 8, 2016
proposal (81 FR 6483 at 6486)) and in
the Technical Support Document (TSD)
for that action. The TSD can be accessed
through www.regulations.gov
(Document EPA–R06–OAR–2012–0953–
002). We proposed to approve elements
of the i-SIP submittals from the State of
Texas for the O3 and NO2 NAAQS but
for element (J) and subsequently, we
took final action to approve all but
element (J) on September 9, 2016 (81 FR
62375). However, through inadvertent
errors, we neglected to complete the
rulemaking process for CAA section
110(a)(2)(J) for both O3 and NO2 NAAQS
in the proposal and final documents.
II. EPA’s Evaluation
In the proposal, we discussed how the
requirements of section 110(a)(2)(J) for
both NO2 and O3 NAAQS were met.
However, we neglected to explicitly
propose approval of the specific
provisions of Section 110(a)(2)(J)
anywhere in the Preamble and
definitely not in our ‘‘Proposed Action’’
section at 81 FR 6487. The public had
the opportunity to review and comment
on our evaluation of this provision in
the Preamble but we never formally
proposed this provision for approval. As
such, we could not finalize approval of
section 110(a)(2)(J) for the 2008 O3 and
2010 NO2 NAAQS at 81 FR 62375.
Please see EPA’s proposed approval at
81 FR 6483 for our technical evaluation.
The evaluation of all subsections of
CAA section 110(a)(2)(J) can be found at
81 FR 6483, page 6486. The TSD for 81
FR 6483 is available in the docket,
provides additional details to support
our determination that this element
meets the federal requirements and is
fully approvable. We incorporate our
previous evaluation of this element into
this action. EPA did receive and
respond to comments on the proposed
action, but none of the comments
received were specific to element (J) of
CAA section 110(a)(2). See 81 FR 62375
September 9, 2016. Our evaluation and
preliminary determination of
approvability did not change as a result
of these comments.
This final action is merely correcting
our previous error in failing to propose
approval of this element on the basis of
our previous technical evaluation and
preliminary determination. EPA has not
changed its rationale. We therefore are
approving the portions of the December
13, 2012, and December 7, 2012, i-SIP
submissions from Texas as meeting the
infrastructure element (J) for the 2008
ozone NAAQS and the 2010 NO2
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NAAQS. We continue to assert that
Texas’ existing SIP provides for
implementation, maintenance, and
enforcement of the 2008 O3 and 2010
NO2 NAAQS.
III. Final Action
We are approving portions of the
following SIP submittals pertaining to
CAA section 110(a)(2)(J): (1) December
13, 2012, SIP submittal for the State of
Texas pertaining to the implementation,
maintenance and enforcement of the
2008 ozone NAAQS, and; (2) December
7, 2012, SIP submittal pertaining to the
implementation, maintenance and
enforcement of the 2010 nitrogen
dioxide NAAQS as outlined in our
February 8, 2016, proposal.
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 December 6, 2016
without further notice unless we receive
relevant adverse comment by November
7, 2016. If we receive relevant adverse
comments, we will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. We will address all
public comments in a subsequent final
rule based on the proposed rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so
now. Please note that if we receive
relevant adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
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 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
E:\FR\FM\07OCR1.SGM
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Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations
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 December 6, 2016. 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).)
Samuel Coleman was designated the
Acting Regional Administrator on
September 30, 2016, through the order
of succession outlined in Regional
Order R6–1110.1, a copy of which is
included in the docket for this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone.
Dated: September 30, 2016.
Samuel Coleman,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. In § 52.2270(e), the table titled
‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Texas SIP’’ is amended
by revising the entries for
‘‘Infrastructure and Transport SIP
Revisions for the 2010 Nitrogen Dioxide
Standard’’ and ‘‘Infrastructure and
Transport SIP Revisions for the 2008
Ozone Standard’’ to read as follows.
■
§ 52.2270
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
69687
Identification of plan.
*
*
(e) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Applicable
geographic or
nonattainment
area
Name of SIP provision
State
submittal/
effective date
EPA approval date
*
*
Infrastructure and Transport SIP Revisions for the 2010 Nitrogen Dioxide
Standard.
*
Statewide ..........
*
12/7/2012
*
9/9/2016, 81 FR
62375.
Infrastructure and Transport SIP Revisions for the 2008 Ozone Standard.
Statewide ..........
12/13/2012
9/9/2016, 81 FR
62375.
[FR Doc. 2016–24115 Filed 10–6–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
mstockstill on DSK3G9T082PROD with RULES
[EPA–R03–OAR–2008–0603; FRL–9953–52–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Philadelphia County
Reasonably Available Control
Technology Under the 1997 8-Hour
Ozone National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving state
SUMMARY:
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18:29 Oct 06, 2016
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implementation plan (SIP) revisions
submitted by the Commonwealth of
Pennsylvania (Pennsylvania). The
revisions pertain to a demonstration that
Philadelphia County (Philadelphia)
meets the requirements for reasonably
available control technology (RACT) of
the Clean Air Act (CAA) for nitrogen
oxides (NOX) and volatile organic
compounds (VOC) as ozone precursors
for the 1997 8-hour ozone national
ambient air quality standards (NAAQS).
In this rulemaking action, EPA is
approving three separate SIP revisions
addressing RACT under the 1997 8-hour
ozone NAAQS for Philadelphia;
approving portions of two previously
submitted RACT SIP revisions, which
EPA had found deficient and
conditionally approved; and converting
the prior conditional approval of the
Philadelphia RACT demonstration for
the 1997 8-hour ozone NAAQS to full
approval. EPA is approving these
PO 00000
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Sfmt 4700
Comments
*
*
Approval for 110(a)(2)(A), (B), (C), (D)(i)
(portions pertaining to nonattainment
and interference with maintenance),
D(ii), (E), (F), (G), (H), (K), (L) and
(M). Approval for 110(a)(2)(J) on 10/7/
2016, [Insert Federal Register citation].
Approval for 110(a)(2)(A), (B), (C), (D)(i)
(portion pertaining to PSD), D(ii), (E),
(F), (G), (H), (K), (L) and (M). Approval
for 110(a)(2)(J) 10/7/2016, [Insert Federal Register citation].
revisions to the Pennsylvania SIP
addressing 1997 8-hour ozone RACT for
Philadelphia in accordance with the
requirements of the CAA.
DATES: This final rule is effective on
November 7, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2008–0603. 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
(CBI) 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 through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
E:\FR\FM\07OCR1.SGM
07OCR1
]]>Agencies
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Rules and Regulations]
[Pages 69685-69687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24115]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2012-0953; FRL-9952-76-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Infrastructure Requirements for Consultation With Government
Officials, Public Notification and Prevention of Significant
Deterioration and Visibility Protection for the 2008 Ozone and 2010
Nitrogen Dioxide National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of State Implementation Plan (SIP) submittals from the State
of Texas pertaining to Clean Air Act (CAA) section 110(a)(2)(J):
Consultation with Government Officials, Public Notification, and
Prevention of Significant Deterioration and Visibility Protection for
the 2008 Ozone (O3) and 2010 Nitrogen Dioxide
(NO2) National Ambient Air Quality Standards (NAAQS). These
submittals address how the existing SIP provides for implementation,
maintenance, and enforcement of the 2008 O3 and 2010
NO2 NAAQS (infrastructure SIPs or i-SIPs). These i-SIPs
ensure that the SIP is adequate to meet the State's responsibilities
under the CAA. This direct final rule and the accompanying proposal
will complete the rulemaking process started in our February 8, 2016,
proposal, approve Section 110(a)(2)(J), and confirm that the SIP has
adequate infrastructure to implement, maintain and enforce this section
of the CAA with regard to the 2008 O3 and 2010
NO2 NAAQS.
DATES: This rule is effective on December 6, 2016 without further
notice, unless the EPA receives relevant adverse comment by November 7,
2016. 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-
2012-0953, at https://www.regulations.gov or via email to
fuerst.sherry@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. 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. 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, please contact Sherry Fuerst, (214) 665-
6454, fuerst.sherry@epa.gov. For 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.
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).
FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, 214-665-6454,
fuerst.sherry@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Ms. Fuerst or Bill Deese at 214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means EPA.
I. Background
On March 12, 2008, EPA revised the levels of the ozone (hereafter
the 2008 O3) NAAQS (73 FR 16436, March 27, 2008). Likewise,
on January 22, 2010, we revised the nitrogen dioxide NAAQS (hereafter
the 2010 NO2) (75 FR 6474, February 9, 2010). The CAA
requires states to submit, within three years after promulgation of a
new or revised standard, SIPs meeting the applicable ``infrastructure''
elements of sections 110(a)(1) and (2). We issued guidance addressing
the i-SIP elements for NAAQS.\1\ One of these applicable infrastructure
elements, CAA section 110(a)(2)(J), requires the SIP must meet the
following three CAA requirements: (1) Section 121, relating to
interagency consultation regarding certain CAA requirements; (2)
section 127, relating to public notification of NAAQS exceedances and
related issues; and (3) prevention of significant deterioration of air
quality and visibility protection.
---------------------------------------------------------------------------
\1\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),''
Memorandum from Stephen D. Page, September 13, 2013.
---------------------------------------------------------------------------
The Texas Commission on Environmental Quality submitted i-SIP
demonstrations of how the existing Texas SIP meets the requirements of
the 2010 NO2 NAAQS on December 7, 2012, and for the 2008
O3 NAAQS on
[[Page 69686]]
December 13, 2012. A detailed discussion of our evaluation of how the
Texas submittals meet 110(a)(2)(J) is provided in our February 8, 2016
proposal (81 FR 6483 at 6486)) and in the Technical Support Document
(TSD) for that action. The TSD can be accessed through
www.regulations.gov (Document EPA-R06-OAR-2012-0953-002). We proposed
to approve elements of the i-SIP submittals from the State of Texas for
the O3 and NO2 NAAQS but for element (J) and
subsequently, we took final action to approve all but element (J) on
September 9, 2016 (81 FR 62375). However, through inadvertent errors,
we neglected to complete the rulemaking process for CAA section
110(a)(2)(J) for both O3 and NO2 NAAQS in the
proposal and final documents.
II. EPA's Evaluation
In the proposal, we discussed how the requirements of section
110(a)(2)(J) for both NO2 and O3 NAAQS were met.
However, we neglected to explicitly propose approval of the specific
provisions of Section 110(a)(2)(J) anywhere in the Preamble and
definitely not in our ``Proposed Action'' section at 81 FR 6487. The
public had the opportunity to review and comment on our evaluation of
this provision in the Preamble but we never formally proposed this
provision for approval. As such, we could not finalize approval of
section 110(a)(2)(J) for the 2008 O3 and 2010 NO2
NAAQS at 81 FR 62375.
Please see EPA's proposed approval at 81 FR 6483 for our technical
evaluation. The evaluation of all subsections of CAA section
110(a)(2)(J) can be found at 81 FR 6483, page 6486. The TSD for 81 FR
6483 is available in the docket, provides additional details to support
our determination that this element meets the federal requirements and
is fully approvable. We incorporate our previous evaluation of this
element into this action. EPA did receive and respond to comments on
the proposed action, but none of the comments received were specific to
element (J) of CAA section 110(a)(2). See 81 FR 62375 September 9,
2016. Our evaluation and preliminary determination of approvability did
not change as a result of these comments.
This final action is merely correcting our previous error in
failing to propose approval of this element on the basis of our
previous technical evaluation and preliminary determination. EPA has
not changed its rationale. We therefore are approving the portions of
the December 13, 2012, and December 7, 2012, i-SIP submissions from
Texas as meeting the infrastructure element (J) for the 2008 ozone
NAAQS and the 2010 NO2 NAAQS. We continue to assert that Texas'
existing SIP provides for implementation, maintenance, and enforcement
of the 2008 O3 and 2010 NO2 NAAQS.
III. Final Action
We are approving portions of the following SIP submittals
pertaining to CAA section 110(a)(2)(J): (1) December 13, 2012, SIP
submittal for the State of Texas pertaining to the implementation,
maintenance and enforcement of the 2008 ozone NAAQS, and; (2) December
7, 2012, SIP submittal pertaining to the implementation, maintenance
and enforcement of the 2010 nitrogen dioxide NAAQS as outlined in our
February 8, 2016, proposal.
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 December 6, 2016
without further notice unless we receive relevant adverse comment by
November 7, 2016. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
relevant adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, we may adopt as final those provisions of the rule that are not
the subject of an adverse comment.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 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
[[Page 69687]]
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 December 6, 2016. 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).)
Samuel Coleman was designated the Acting Regional Administrator on
September 30, 2016, through the order of succession outlined in
Regional Order R6-1110.1, a copy of which is included in the docket for
this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone.
Dated: September 30, 2016.
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 table titled ``EPA Approved Nonregulatory
Provisions and Quasi-Regulatory Measures in the Texas SIP'' is amended
by revising the entries for ``Infrastructure and Transport SIP
Revisions for the 2010 Nitrogen Dioxide Standard'' and ``Infrastructure
and Transport SIP Revisions for the 2008 Ozone Standard'' to read as
follows.
Sec. 52.2270 Identification of plan.
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
Name of SIP provision Applicable geographic submittal/ EPA approval date Comments
or nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure and Transport Statewide............. 12/7/2012 9/9/2016, 81 FR Approval for
SIP Revisions for the 2010 62375. 110(a)(2)(A), (B),
Nitrogen Dioxide Standard. (C), (D)(i)
(portions pertaining
to nonattainment and
interference with
maintenance), D(ii),
(E), (F), (G), (H),
(K), (L) and (M).
Approval for
110(a)(2)(J) on 10/7/
2016, [Insert
Federal Register
citation].
Infrastructure and Transport Statewide............. 12/13/2012 9/9/2016, 81 FR Approval for
SIP Revisions for the 2008 62375. 110(a)(2)(A), (B),
Ozone Standard. (C), (D)(i) (portion
pertaining to PSD),
D(ii), (E), (F),
(G), (H), (K), (L)
and (M). Approval
for 110(a)(2)(J) 10/
7/2016, [Insert
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-24115 Filed 10-6-16; 8:45 am]
BILLING CODE 6560-50-P
