Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology for the 2008 8-Hour Ozone National Ambient Air Quality Standard, 44320-44322 [2017-20131]
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<![CDATA[
44320
Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations
Name of non-regulatory SIP
revision
*
Applicable geographic area
*
*
[FR Doc. 2017–20163 Filed 9–21–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2015–0496; FRL–9967–53–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Reasonably Available Control
Technology for the 2008 8-Hour Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
16:02 Sep 21, 2017
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EPA approval date
*
*
materials are available either
electronically through
www.regulations.gov or in hard copy at
the Air Planning Section (6MM–AA),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Alan Shar (6MM–AA), telephone (214)
665–2164, email shar.alan@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Outline
The Environmental Protection
Agency (EPA) is conditionally
approving revisions to the Texas State
Implementation Plan (SIP) addressing
Oxides of Nitrogen (NOX) Reasonably
Available Control Technology (RACT)
for the Martin Marietta (formerly, Texas
Industries, Inc., or TXI) cement
manufacturing plant in Ellis County. We
are fully approving revisions to the
Texas SIP addressing NOX RACT for all
other affected sources in the ten county
Dallas Fort Worth (DFW) 2008 8-Hour
ozone nonattainment area. We are also
approving NOX RACT negative
declarations (a finding that there are no
major sources of NOX emissions in
certain categories) for the DFW 2008 8Hour ozone nonattainment area. The
DFW 2008 8-Hour ozone nonattainment
area consists of Collin, Dallas, Denton,
Ellis, Johnson, Kaufman, Parker,
Rockwall, Tarrant, and Wise counties.
The RACT requirements apply to major
sources of NOX in these ten counties.
DATES: This rule will be effective on
October 23, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2015–0496. All
documents in the docket are listed on
the 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
SUMMARY:
State submittal
date
I. Background
II. Public Comments
III. Response to Comments
IV. Final Actions
V. Statutory and Executive Order Reviews
I. Background
The background for this action is
discussed in detail in the July 19, 2017
(82 FR 33026) proposal. In that
document, the EPA proposed to
conditionally approve revisions to the
Texas SIP that the TCEQ submitted to
EPA in its Appendix F (a component of
the 2008 8-Hour DFW ozone
nonattainment area plan) of the July 10,
2015 DFW SIP submittal. The July 19,
2017 Federal Register (FR) action
proposed to conditionally approve
revisions to the Texas SIP addressing
NOX RACT for the Martin Marietta
(MM) cement manufacturing plant in
Ellis County. See section 110(k)(4) of the
Clean Air Act (CAA, Act), and section
II.F of the Proposal.
We proposed to fully approve
revisions to the Texas SIP addressing
NOX RACT for all other affected sources
in the ten county DFW 2008 8-Hour
ozone nonattainment area. See section
II.B of the Proposal.
We also proposed to approve NOX
RACT negative declarations for the
nitric acid and adipic acid
manufacturing operations within the ten
County DFW 2008 8-Hour ozone
nonattainment area. See section II.C of
the Proposal.
The Proposal and the Technical
Support Document (TSD) prepared in
conjunction with that FR action provide
detailed description and the rationale
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Additional explanation
*
*
for the proposed decisions. Please see
the docket ID No. EPA–R06–OAR–
2015–0496 for the TSD and other
documents regarding the Proposal.
II. Public Comments
The public comment period for the
July 19, 2017 (82 FR 33026) proposal
expired on August 19, 2017, and we
received relevant comments from
Holcim, TCEQ, and Ash Grove on the
proposed actions during this period.
Our response to relevant comments
received during public comment period
is below.
III. Response to Comments
Comment #1: Holcim supported
EPA’s action on the Proposal.
Response: We appreciate the support.
Comment #2: TCEQ requested
clarification on its SIP revision process
addressing conditional approval for the
MM cement manufacturing plant
through a voluntary Agreed Order (AO)
or rulemaking action.
Response: State has the option of
choosing what mechanism, for example;
a voluntary AO or rulemaking action, to
use when revising its SIP as long as a
revision is made in conformance with
section 110 of the Act and applicable
State law. No change to our NOX RACT
determination is made as a result of this
comment.
Comment #3: Ash Grove supported
EPA’s action, stating its NOX limit is
driven by 40 CFR 60.62 (New Source
Performance Standards—NSPS). The
commenter contends that its air permit
is not a part of a federally enforceable
SIP submittal.
Response: We appreciate the support.
The NOX RACT emission limitation of
1.5 lb/ton of clinker produced is
required per 40 CFR 60.62(a) or NSPS
subpart F that is consistent with limits
established in Ash Grove’s consent
decree. We agree with the comment that
its air permit was not a component of
TCEQ SIP submittal; however, inclusion
of air permit in record was intended to
create a thorough and complete docket.
No change to our NOX RACT
determination for this plant is made as
a result of this comment.
This concludes our response to
comments received. Based on our
evaluation and responses, no changes to
the Proposed NOX RACT determinations
have been made. Therefore, we are
E:\FR\FM\22SER1.SGM
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Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations
finalizing the 82 FR 33026 proposal as
published on July 19, 2017.
IV. Final Actions
We are conditionally approving NOX
RACT for the MM cement
manufacturing plant in Ellis County,
Texas. We are fully approving revisions
to the Texas SIP addressing NOX RACT
for all other affected sources in the ten
county DFW 2008 8-Hour ozone
nonattainment area. We are also
approving NOX RACT negative
declarations for the nitric acid and
adipic acid manufacturing operations
within the ten County DFW 2008 8Hour ozone nonattainment area.
The EPA had previously approved
RACT for all affected NOX sources
under the 1-Hour and the 1997 8-Hour
ozone standards. Based on our approval
of 30 TAC Chapter 117 rules for control
of nitrogen compounds on April 13,
2016 (81 FR 21747), and the Proposed
RACT action of July 19, 2017 (82 FR
33026), Texas is implementing RACT
for all affected NOX sources in the ten
County DFW area under the 2008 8Hour ozone standard.
V. 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. Additional information about
these statutes and Executive Orders can
be found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review, Executive Order
13563: Improving Regulation and
Regulatory Review and Executive Order
13771: Reducing Regulations and
Controlling Regulatory Costs
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review. This
action is not an Executive Order 13771
regulatory action because this action is
not significant under Executive Order
12866.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA because this action does not
impose additional requirements beyond
those imposed by state law.
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C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities beyond those imposed by state
law.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
State, local, or tribal governments, or to
the private sector, will result from this
action.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because the SIP is not
approved to apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction, and will not impose
substantial direct costs on tribal
governments or preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not impose additional
requirements beyond those imposed by
state law.
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44321
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
The EPA lacks the discretionary
authority to address environmental
justice in this rulemaking.
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 21,
2017. 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).)
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Hydrocarbons,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: September 12, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
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Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations
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 adding three new
entries at the end.
The additions read as follows:
§ 52.2270
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
Applicable geographic or
non-attainment area
*
*
Conditional approval of NOX RACT finding for the Martin Marietta (formerly
Texas Industries, Inc., or TXI) cement
manufacturing plant under the 2008 8Hour ozone NAAQS.
NOX RACT finding under the 2008 8Hour ozone NAAQS.
*
*
Ellis County, TX .....................................
NOX RACT finding of negative declarations for nitric acid and adipic acid operations under the 2008 8-Hour ozone
NAAQS.
*
*
*
*
EPA approval date
Comments
*
07/10/15
*
09/22/17, [Insert FR
page number
where document
begins].
*
TCEQ commitment
letter of July 29,
2016.
Collin, Dallas, Denton, Tarrant, Ellis,
Johnson, Kaufman, Parker, Rockwall,
and Wise Counties, TX.
07/10/15
DFW as Moderate
and Serious.
Collin, Dallas, Denton, Tarrant, Ellis,
Johnson, Kaufman, Parker, Rockwall,
and Wise Counties, TX.
07/10/15
09/22/17, [Insert FR
page number
where document
begins].
09/22/17, [Insert FR
page number
where document
begins].
17–134, adopted on September 1, 2017
and released on September 5, 2017. The
full text of this document is available for
public inspection and copying during
normal business hours in the FCC
Reference Center (Room CY–A257), 445
12th Street SW., Washington, DC 20554,
or by downloading the text from the
Commission’s Web site at https://
transition.fcc.gov/Daily_Releases/Daily_
Business/2017/db0906/FCC-17111A1.pdf.
*
[FR Doc. 2017–20131 Filed 9–21–17; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[MD Docket No. 17–134; FCC 17–111]
Assessment and Collection of
Regulatory Fees for Fiscal Year 2017
I. Administrative Matters
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission revises its Schedule of
Regulatory Fees to recover an amount of
$356,710,992 that Congress has required
the Commission to collect for fiscal year
2017. Section 9 of the Communications
Act of 1934, as amended, provides for
the annual assessment and collection of
regulatory fees under sections 9(b)(2)
and 9(b)(3), respectively, for annual
‘‘Mandatory Adjustments’’ and
‘‘Permitted Amendments’’ to the
Schedule of Regulatory Fees.
DATES: Effective September 22, 2017. To
avoid penalties and interest, regulatory
fees should be paid by the due date of
September 26, 2017.
FOR FURTHER INFORMATION CONTACT:
Roland Helvajian, Office of Managing
Director at (202) 418–0444.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, FCC 17–111, MD Docket No.
SUMMARY:
VerDate Sep<11>2014
16:02 Sep 21, 2017
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State
submittal/
effective date
A. Final Regulatory Flexibility Analysis
1. As required by the Regulatory
Flexibility Act of 1980 (RFA),1 the
Commission has prepared a Final
Regulatory Flexibility Analysis (FRFA)
relating to this Report and Order. The
FRFA is located towards the end of this
document.
B. Final Paperwork Reduction Act of
1995 Analysis
2. This document does not contain
new or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or modified
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601–
612, has been amended by the Small Business
Regulatory Enforcement Fairness Act of 1996
(SBREFA), Public Law 104–121, Title II, 110 Stat.
847 (1996). The SBREFA was enacted as Title II of
the Contract with America Advancement Act of
1996 (CWAAA).
PO 00000
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Fmt 4700
Sfmt 4700
DFW as Moderate
and Serious.
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
C. Congressional Review Act.
3. The Commission will send a copy
of the Report and Order to Congress and
the Government Accountability Office
pursuant to the Congressional Review
Act, 5 U.S.C. 801(a)(1)(A).
II. Introduction
4. The Report and Order adopts a
schedule of regulatory fees to assess and
collect $356,710,992 in regulatory fees
for fiscal year (FY) 2017, pursuant to
section 9 of the Communications Act of
1934, as amended (Communications Act
or Act) and the Commission’s FY 2017
Appropriation.2 The schedule of
regulatory fees for FY 2017 adopted here
is listed in Table 4. These regulatory
fees are due in September 2017. The FY
2017 regulatory fees are based on the
proposals in the FY 2017 NPRM,3
considered in light of the comments
received and Commission analysis.
III. Background
5. Congress adopted a regulatory fee
schedule in 1993 4 and authorized the
2 47 U.S.C. 159. Consolidated Appropriations Act,
2017, Division E—Financial Services and General
Government Appropriations Act, 2017, Title V—
Independent Agencies, Public Law 115–31 (May 5,
2017), available at https://www.congress.gov/bill/
115th-congress/house-bill/244/text.
3 Assessment and Collection of Regulatory Fees
for Fiscal Year 2017, Notice of Proposed
Rulemaking, 32 FCC Rcd 4526 (FY 2017 NPRM); 82
FR 26019, June 6, 2017.
4 47 U.S.C. 159(g) (showing original fee schedule
prior to Commission amendment).
E:\FR\FM\22SER1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Rules and Regulations]
[Pages 44320-44322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20131]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2015-0496; FRL-9967-53-Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Reasonably Available Control Technology for the 2008 8-Hour Ozone
National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is conditionally
approving revisions to the Texas State Implementation Plan (SIP)
addressing Oxides of Nitrogen (NOX) Reasonably Available
Control Technology (RACT) for the Martin Marietta (formerly, Texas
Industries, Inc., or TXI) cement manufacturing plant in Ellis County.
We are fully approving revisions to the Texas SIP addressing
NOX RACT for all other affected sources in the ten county
Dallas Fort Worth (DFW) 2008 8-Hour ozone nonattainment area. We are
also approving NOX RACT negative declarations (a finding
that there are no major sources of NOX emissions in certain
categories) for the DFW 2008 8-Hour ozone nonattainment area. The DFW
2008 8-Hour ozone nonattainment area consists of Collin, Dallas,
Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise
counties. The RACT requirements apply to major sources of
NOX in these ten counties.
DATES: This rule will be effective on October 23, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2015-0496. All documents in the docket are
listed on the 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 www.regulations.gov or in hard
copy at the Air Planning Section (6MM-AA), Environmental Protection
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file
will be made available by appointment for public inspection in the
Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m.
weekdays except for legal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar (6MM-AA), telephone
(214) 665-2164, email shar.alan@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Outline
I. Background
II. Public Comments
III. Response to Comments
IV. Final Actions
V. Statutory and Executive Order Reviews
I. Background
The background for this action is discussed in detail in the July
19, 2017 (82 FR 33026) proposal. In that document, the EPA proposed to
conditionally approve revisions to the Texas SIP that the TCEQ
submitted to EPA in its Appendix F (a component of the 2008 8-Hour DFW
ozone nonattainment area plan) of the July 10, 2015 DFW SIP submittal.
The July 19, 2017 Federal Register (FR) action proposed to
conditionally approve revisions to the Texas SIP addressing
NOX RACT for the Martin Marietta (MM) cement manufacturing
plant in Ellis County. See section 110(k)(4) of the Clean Air Act (CAA,
Act), and section II.F of the Proposal.
We proposed to fully approve revisions to the Texas SIP addressing
NOX RACT for all other affected sources in the ten county
DFW 2008 8-Hour ozone nonattainment area. See section II.B of the
Proposal.
We also proposed to approve NOX RACT negative
declarations for the nitric acid and adipic acid manufacturing
operations within the ten County DFW 2008 8-Hour ozone nonattainment
area. See section II.C of the Proposal.
The Proposal and the Technical Support Document (TSD) prepared in
conjunction with that FR action provide detailed description and the
rationale for the proposed decisions. Please see the docket ID No. EPA-
R06-OAR-2015-0496 for the TSD and other documents regarding the
Proposal.
II. Public Comments
The public comment period for the July 19, 2017 (82 FR 33026)
proposal expired on August 19, 2017, and we received relevant comments
from Holcim, TCEQ, and Ash Grove on the proposed actions during this
period. Our response to relevant comments received during public
comment period is below.
III. Response to Comments
Comment #1: Holcim supported EPA's action on the Proposal.
Response: We appreciate the support.
Comment #2: TCEQ requested clarification on its SIP revision
process addressing conditional approval for the MM cement manufacturing
plant through a voluntary Agreed Order (AO) or rulemaking action.
Response: State has the option of choosing what mechanism, for
example; a voluntary AO or rulemaking action, to use when revising its
SIP as long as a revision is made in conformance with section 110 of
the Act and applicable State law. No change to our NOX RACT
determination is made as a result of this comment.
Comment #3: Ash Grove supported EPA's action, stating its
NOX limit is driven by 40 CFR 60.62 (New Source Performance
Standards--NSPS). The commenter contends that its air permit is not a
part of a federally enforceable SIP submittal.
Response: We appreciate the support. The NOX RACT
emission limitation of 1.5 lb/ton of clinker produced is required per
40 CFR 60.62(a) or NSPS subpart F that is consistent with limits
established in Ash Grove's consent decree. We agree with the comment
that its air permit was not a component of TCEQ SIP submittal; however,
inclusion of air permit in record was intended to create a thorough and
complete docket. No change to our NOX RACT determination for
this plant is made as a result of this comment.
This concludes our response to comments received. Based on our
evaluation and responses, no changes to the Proposed NOX
RACT determinations have been made. Therefore, we are
[[Page 44321]]
finalizing the 82 FR 33026 proposal as published on July 19, 2017.
IV. Final Actions
We are conditionally approving NOX RACT for the MM
cement manufacturing plant in Ellis County, Texas. We are fully
approving revisions to the Texas SIP addressing NOX RACT for
all other affected sources in the ten county DFW 2008 8-Hour ozone
nonattainment area. We are also approving NOX RACT negative
declarations for the nitric acid and adipic acid manufacturing
operations within the ten County DFW 2008 8-Hour ozone nonattainment
area.
The EPA had previously approved RACT for all affected
NOX sources under the 1-Hour and the 1997 8-Hour ozone
standards. Based on our approval of 30 TAC Chapter 117 rules for
control of nitrogen compounds on April 13, 2016 (81 FR 21747), and the
Proposed RACT action of July 19, 2017 (82 FR 33026), Texas is
implementing RACT for all affected NOX sources in the ten
County DFW area under the 2008 8-Hour ozone standard.
V. 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. Additional information
about these statutes and Executive Orders can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review, Executive
Order 13563: Improving Regulation and Regulatory Review and Executive
Order 13771: Reducing Regulations and Controlling Regulatory Costs
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review. This action is not an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 21, 2017. 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).)
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: September 12, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
Part 52, chapter I, title 40 of the Code of Federal Regulations 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:
[[Page 44322]]
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 adding three new entries at the end.
The additions 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 non-attainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Conditional approval of NOX Ellis County, TX....... 07/10/15 09/22/17, [Insert TCEQ commitment
RACT finding for the Martin FR page number letter of July
Marietta (formerly Texas where document 29, 2016.
Industries, Inc., or TXI) begins].
cement manufacturing plant
under the 2008 8-Hour ozone
NAAQS.
NOX RACT finding under the 2008 Collin, Dallas, Denton, 07/10/15 09/22/17, [Insert DFW as Moderate
8-Hour ozone NAAQS. Tarrant, Ellis, FR page number and Serious.
Johnson, Kaufman, where document
Parker, Rockwall, and begins].
Wise Counties, TX.
NOX RACT finding of negative Collin, Dallas, Denton, 07/10/15 09/22/17, [Insert DFW as Moderate
declarations for nitric acid Tarrant, Ellis, FR page number and Serious.
and adipic acid operations Johnson, Kaufman, where document
under the 2008 8-Hour ozone Parker, Rockwall, and begins].
NAAQS. Wise Counties, TX.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-20131 Filed 9-21-17; 8:45 am]
BILLING CODE 6560-50-P
