Approval and Promulgation of Implementation Plans; Texas; Control of Air Pollution From Visible Emissions and Particulate Matter, 3171-3172 [2017-00087]
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Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Rules and Regulations
document corrects that omission. The
applicability date remains January 3,
2018.
DATES:
Effective March 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Christopher Kuczynski, Assistant Legal
Counsel, (202) 663–4665, or Aaron
Konopasky, Senior Attorney-Advisor,
(202) 663–4127 (voice), or (202) 663–
7026 (TTY), Office of Legal Counsel,
U.S. Equal Employment Opportunity
Commission. (These are not toll free
numbers.) Requests for this document in
an alternative format should be made to
the Office of Communications and
Legislative Affairs at (202) 663–4191
(voice) or (202) 663–4494 (TTY). (These
are not toll free numbers.)
SUPPLEMENTARY INFORMATION: In FR Doc.
2016–31397 appearing on page 654 in
the Federal Register of Tuesday,
January 3, 2017, the following
correction is made:
1. On page 654, in the first column,
in DATES:, ‘‘Effective date: This final
rule will be applicable on March 6,
2017.’’ is corrected to read ‘‘Effective
date: This final rule will be effective
March 6, 2017.’’
Dated: January 5, 2017.
For the Commission.
Peggy R. Mastroianni,
Legal Counsel.
[FR Doc. 2017–00340 Filed 1–10–17; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2014–0222; FRL–9956–55Region 6]
Approval and Promulgation of
Implementation Plans; Texas; Control
of Air Pollution From Visible
Emissions and Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or Act), the
Environmental Protection Agency (EPA)
is approving revisions to the Texas State
Implementation Plan (SIP) submitted by
the State of Texas that pertain to
particulate matter and outdoor burning
regulations. The State submitted the SIP
revisions in the years 1989, 2004, 2006
and 2014.
DATES: This rule is effective on February
10, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
sradovich on DSK3GMQ082PROD with RULES
VerDate Sep<11>2014
15:58 Jan 10, 2017
Jkt 241001
FOR FURTHER INFORMATION CONTACT:
Mr.
Randy Pitre, 214–665–7299,
pitre.randy@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 proposal at 81
FR 74739 (October 27, 2016). In that
document we proposed to approve five
Texas SIP revisions that pertain to
particulate matter and outdoor burning
regulations. We did not receive
comments regarding our proposal.
II. Final Action
BILLING CODE 6570–01–P
SUMMARY:
No. EPA–R06–OAR–2014–0222. 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.
We are approving the Texas SIP
revisions dated from 1989, 2004, 2006
and 2014. Specifically, we are
approving the August 21, 1989, and
June 9, 2006, submittals that repealed
Rule 105.2 of the Texas Administrative
Code (TAC) (subsequently renumbered
as 30 TAC Section 111.155 and
repealed). We are also approving the
July 18, 2006, submittal that revises 30
TAC Section 111.203. We are also
approving the November 15, 2004, and
July 18, 2006, submittals that revise 30
TAC Section 111.209. We are also
approving the March 3, 2014, submittal
that revises 30 TAC Section 111.211.
III. Incorporation by Reference
In this rule, we are finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, we are finalizing the
incorporation by reference of the
revisions to the Texas regulations as
described in the Final Action section
above. We have made, and will continue
to make, these documents generally
available electronically through
www.regulations.gov and/or in hard
copy at the EPA Region 6 office.
PO 00000
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3171
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, the
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 (Public Law 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
E:\FR\FM\11JAR1.SGM
11JAR1
3172
Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 13, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
Dated: December 28, 2016.
Ron Curry,
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.
Subpart SS—Texas
2. In § 52.2270(c) the table titled ‘‘EPA
Approved Regulations in the Texas SIP’’
is amended by removing the entry for
‘‘Rule 105.2’’ under Chapter 111,
Subchapter A, Division 5 and revising
the entries for sections 111.203, 111.209
and 111.211.
The amendments read as follows:
■
§ 52.2270
*
Identification of plan
*
*
(c) * * *
*
*
40 CFR part 52 is amended as follows:
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
State approval/
submittal date
Title/subject
*
*
*
EPA approval date
*
Explanation
*
*
*
*
*
*
Subchapter B—Outdoor Burning
*
*
Section 111.203 ...........
*
*
Definitions ........................................
*
*
6/28/2006
*
*
*
Section 111.209 ...........
Exception for Disposal Fires ...........
6/28/2006
Section 111.211 ...........
Exception for Prescribed Burn ........
1/15/2014
*
*
*
*
*
*
*
*
1/11/2017, [Insert Federal Register
citation].
*
Correcting amendment.
[FR Doc. 2017–00087 Filed 1–10–17; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
sradovich on DSK3GMQ082PROD with RULES
[EPA–R06–OAR–2016–0275; FRL–9957–57Region 6]
Determination of Nonattainment and
Reclassification of the HoustonGalveston-Brazoria 2008 8-Hour Ozone
Nonattainment Area; Texas; Correction
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Sep<11>2014
15:58 Jan 10, 2017
EPA issued a final rule on
December 14, 2016, (81 FR 90207), that
determined that the Houston-GalvestonBrazoria, Texas nonattainment area
(HGB area) failed to attain the 2008 8hour ozone national ambient air quality
standard (NAAQS) by the applicable
attainment deadline of July 20, 2016,
and thus was classified by operation of
law as ‘‘Moderate’’. In that action, EPA
also determined January 1, 2017 as the
deadline by which Texas must submit to
the EPA the State Implementation Plan
(SIP) revisions that meet the Clean Air
Act (CAA) statutory and regulatory
requirements that apply to 2008 ozone
NAAQS nonattainment areas
SUMMARY:
BILLING CODE 6560–50–P
Jkt 241001
PO 00000
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*
1/11/2017, [Insert Federal Register
citation].
1/11/2017, [Insert Federal Register
citation].
*
ACTION:
*
*
*
reclassified as Moderate. The language
in the December 14, 2016 Federal
Register amended the table in 40 CFR
81.344 (Subpart C-Section 107
Attainment Status Designations) titled
‘‘Texas—2008 8-Hour Ozone NAAQS
(Primary and secondary)’’. The
amendatory language failed to update
the table for the classification date for
HGB nonattainment area to 12/14/2016.
This document corrects the listed
classification date in the December 14,
2016 final rule document.
This final rule correction is
effective on January 11, 2017.
DATES:
FOR FURTHER INFORMATION CONTACT:
Nevine Salem, (214) 665–7222,
salem.nevine@epa.gov.
E:\FR\FM\11JAR1.SGM
11JAR1
Ms.
]]>Agencies
[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Rules and Regulations]
[Pages 3171-3172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00087]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2014-0222; FRL-9956-55-Region 6]
Approval and Promulgation of Implementation Plans; Texas; Control
of Air Pollution From Visible Emissions and Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or Act), the
Environmental Protection Agency (EPA) is approving revisions to the
Texas State Implementation Plan (SIP) submitted by the State of Texas
that pertain to particulate matter and outdoor burning regulations. The
State submitted the SIP revisions in the years 1989, 2004, 2006 and
2014.
DATES: This rule is effective on February 10, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2014-0222. 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: Mr. Randy Pitre, 214-665-7299,
pitre.randy@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
proposal at 81 FR 74739 (October 27, 2016). In that document we
proposed to approve five Texas SIP revisions that pertain to
particulate matter and outdoor burning regulations. We did not receive
comments regarding our proposal.
II. Final Action
We are approving the Texas SIP revisions dated from 1989, 2004,
2006 and 2014. Specifically, we are approving the August 21, 1989, and
June 9, 2006, submittals that repealed Rule 105.2 of the Texas
Administrative Code (TAC) (subsequently renumbered as 30 TAC Section
111.155 and repealed). We are also approving the July 18, 2006,
submittal that revises 30 TAC Section 111.203. We are also approving
the November 15, 2004, and July 18, 2006, submittals that revise 30 TAC
Section 111.209. We are also approving the March 3, 2014, submittal
that revises 30 TAC Section 111.211.
III. Incorporation by Reference
In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the Texas regulations as described in the Final Action
section above. We have made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the EPA Region 6 office.
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, the 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 (Public Law 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
[[Page 3172]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 13, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
Dated: December 28, 2016.
Ron Curry,
Regional Administrator, Region 6.
0
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(c) the table titled ``EPA Approved Regulations in
the Texas SIP'' is amended by removing the entry for ``Rule 105.2''
under Chapter 111, Subchapter A, Division 5 and revising the entries
for sections 111.203, 111.209 and 111.211.
The amendments read as follows:
Sec. 52.2270 Identification of plan
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State approval/ EPA approval
State citation Title/subject submittal date date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter B--Outdoor Burning
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 111.203.............. Definitions..... 6/28/2006 1/11/2017,
[Insert Federal
Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 111.209.............. Exception for 6/28/2006 1/11/2017,
Disposal Fires. [Insert Federal
Register
citation].
Section 111.211.............. Exception for 1/15/2014 1/11/2017,
Prescribed Burn. [Insert Federal
Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-00087 Filed 1-10-17; 8:45 am]
BILLING CODE 6560-50-P
