Approval and Promulgation of Implementation Plans; Texas; Approval of Texas Motor Vehicle Rule Revisions, 8359-8362 [2018-03974]
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Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect 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. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
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Directive 023–01, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
temporary safety zone that will prohibit
entry within a 100-yard radius of the
vessel, M/V Zhen Hua 16, during the
vessel’s transit, mooring and anchoring
in the Sector Charleston Captain of the
Port Zone. It is categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T07–0074 to read as
follows:
■
§ 165.T07–0074 Safety Zone; Wando
Terminal Crane Movement; Charleston, SC.
(a) Regulated area. The following
regulated area is a moving safety zone:
All waters of the Charleston Harbor,
Cooper River, and Wando River in
Charleston, SC within a 100 yard radius
around the outer most points of the
M/V Zhen Hua 16 while the vessel is
underway, moored or anchored.
(b) Definition. As used in this section,
‘‘designated representative’’ means
Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty
officers, and other officers operating
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8359
Coast Guard vessels, and Federal, state,
and local officers designated by or
assisting the Captain of the Port
Charleston in the enforcement of the
regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port Charleston or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port
Charleston by telephone at (843) 740–
7050, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted, all
persons and vessels receiving such
authorization must comply with the
instructions of the Captain of the Port
Charleston or a designated
representative.
(3) The Coast Guard will provide
notice of the regulated area by Marine
Safety Information Bulletins, Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement period. This section
will be enforced beginning at 12:00 a.m.
on February 23, 2018, until 11:59 p.m.
on March 31, 2018. This rule will be
enforced while M/V Zhen Hua is
underway, moored, or anchored in the
Sector Charleston Captain of the Port
Zone.
Dated: February 21, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2018–03915 Filed 2–26–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2017–0077; FRL–9974–
51—Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Approval of Texas Motor Vehicle Rule
Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
SUMMARY:
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8360
Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations
is approving revisions submitted by the
State of Texas that affect the Texas State
Implementation Plan (SIP) concerning
Texas’ motor vehicle air pollution rules
and retail gasoline dispensing labeling
requirements for El Paso. The revisions
are non-substantive in nature and do not
affect implementation of federal
requirements.
DATES: This rule is effective on May 29,
2018 without further notice, unless the
EPA receives relevant adverse comment
by March 29, 2018. If the EPA receives
such comment, the 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–2017–0077, at https://
www.regulations.gov or via email to
walser.john@epa.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Mr. John Walser, 214–665–7128,
walser.john@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/commentingepa-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: Mr.
John Walser, 214–665–7128,
walser.john@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Mr. Bill Deese at 214–
665–7253.
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SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
Section 110 of the CAA requires states
to develop and submit to the EPA a SIP
to ensure that state air quality meets
National Ambient Air Quality
Standards. These ambient standards
currently address six criteria pollutants:
Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and
sulfur dioxide. Each federally-approved
SIP protects air quality primarily by
addressing air pollution at its point of
origin through air pollution regulations
and control strategies. The EPA
approved SIP regulations and control
strategies are federally enforceable.
II. The SIP Submittals and EPA’s
Evaluation
On July 12, 1995, the Texas
Commission on Environmental Quality
(TCEQ) submitted SIP revisions to EPA
that amend 30 Texas Administrative
Code (TAC) Chapter 114.13
(renumbered to 114.100) 1 which
include minor rephrasing regarding
gasoline pump dispensing labeling
dates. Specifically, the revisions modify
§ 114.100(f)(1) and (2) to indicate when
the legible labels shall be displayed. See
Docket EPA–R06–OAR–2017–0077
online at www.regulations.gov for the
submittal and adopted rules published
in the Texas Register (20 TexReg 3097,
April 25, 1995). EPA is approving these
minor changes submitted to EPA on July
12, 1995. Note, it was discovered in the
processing of the 2017 SIP revision
discussed below that EPA had
inadvertently never processed the 1995
revision.
On January 20, 2017, TCEQ submitted
SIP revisions to EPA that amend 30 TAC
Chapter Section 114.100 and 114.305
that make non-substantive, minor
modifications to the following Sections:
§ 114.100 (b), (c), (d), (e)(1), (e)(2), (f)
and 114.305(a) and (c). For example,
§ 114.100(c) changes the date
‘‘September 1’’ to ‘‘September 1st.’’ The
revision to § 114.100(d) includes
replacing the phrase ‘‘commission,
EPA’’ with ‘‘executive director, United
States Environmental Protection Agency
(EPA).’’ The revision to § 114.100(e)(2)
adds the words ‘‘the active version’’ to
the beginning of the phrase ‘‘American
Society for Testing and Materials
(ASTM)’’ to ensure that the most active
ASTM version is used for determining
the oxygen content of fuel.2 Revisions to
1 See,
63 FR 35839 (July 1, 1998).
most active current ASTM Test Method is
ASTM D4815.
2 The
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§ 114.305(a) ensure that the most active
current version of the ASTM Test
Method for determining compliance
with the Reid Vapor Pressure (RVP)
limits is required consistent with
industry’s current testing practices and
state and federal law.3 We have
prepared a TSD for this action which
details our evaluation. The TSD may be
accessed on-line at
www.regulations.gov, Docket No. EPA–
R06–OAR–2017–0077.
Section 211(m) of the Act requires
that various States submit revisions to
their SIPs, and implement oxygenated
gasoline programs by no later than
November 1, 1992. EPA previously
approved the State’s adopted labeling
regulations, enforcement procedures,
and oxygenate test methods in
conformity with Federal regulations
(See, 59 FR 15683 (April 4, 1994)). The
labeling regulations of retail gasoline
pumps also may be found at 40 CFR
80.35.4 Texas has complied with federal
requirements and the above revisions
function to add further clarity to the
existing rule language and are
approvable.
III. Final Action
Pursuant to Sections 110 and 182 of
the Act, EPA is approving, through a
direct final action, revisions to the
Texas SIP that were submitted on July
12, 1995 and January 20, 2017. We are
approving revisions to the following
sections within Chapter 114 of 30 TAC:
114.100 and 114.305. We evaluated the
state’s submittals and determined that
they meet the applicable requirements
of the CAA. Also, in accordance with
CAA section 110(l), the revisions will
not interfere with attainment of the
NAAQS, reasonable further progress, or
any other applicable requirement of the
CAA.
The 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 May 29, 2018 without
further notice unless we receive relevant
3 Volatility is the property of a liquid fuel that
defines its evaporation characteristics. RVP is an
abbreviation for ‘‘Reid Vapor Pressure’’, a common
measure of and the generic term for gasoline
volatility. The most active current version of the
test for gasoline volatility is the ASTM Test Method
D5191.
4 See ‘‘Notice of Final Oxygenated Fuels Labeling
Regulations under Section 211(m) of the CAA as
Amended—Notice of Final Rulemaking.’’ (See, 57
FR 47769 (October 20, 1992)).
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Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations
adverse comment by March 29, 2018. 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.
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IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
revisions to the Texas regulations as
described in the Final Action section
above. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 6 Office (please contact Mr. John
Walser for more information). Therefore,
these materials have been approved by
EPA for inclusion in the SIP, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation (62
FR 27968, May 22, 1997).
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. 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,
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October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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. The EPA will
submit a report containing this rule and
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8361
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 April 30, 2018. 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: February 22, 2018.
Anne Idsal,
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(c), the table entitled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended by adding a
centered heading for ‘‘Subchapter D—
Oxygen Requirements for Gasoline’’
under Chapter 114, followed by a new
entry for Section 114.100; and revising
the entry for Section 114.305.
The additions and revisions read as
follows:
■
§ 52.2270
*
Identification of plan.
*
*
(c) * * *
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*
*
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Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations
EPA-APPROVED REGULATIONS IN THE TEXAS SIP
State citation
State
approval/
submittal
date
Title/subject
*
*
*
EPA approval date
*
Explanation
*
*
*
*
*
*
*
*
*
*
*
Chapter 114 (Reg 4)—Control of Air Pollution from Motor Vehicles
*
*
*
*
*
Subchapter D—Oxygen Requirements for Gasoline
Section 114.100 .....
Oxygenated Fuels ........................
*
*
1/20/2017
*
2/27/2018, [Insert Federal Register citation].
*
*
Subchapter H—Low Emission Fuels
Division 1: Gasoline Volatility
*
Section 114.305 .....
*
*
Approved Test Methods ...............
*
*
*
*
*
*
*
*
[FR Doc. 2018–03974 Filed 2–26–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 170808738–7777–01]
RIN 0648–BH11
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Groundfish Fishery; Fishing Year 2017;
Extension of Emergency Removal of
Southern Windowpane Accountability
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action extended.
AGENCY:
This rule extends the
emergency action to remove the 2017
southern windowpane flounder
accountability measures (AM) for nongroundfish trawl vessels. The rule is
necessary because the emergency
measures would otherwise expire before
the end of the 2017 fishing year. This
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SUMMARY:
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*
1/20/2017
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*
2/27/2018, [Insert Federal Register citation].
*
*
rule is intended to mitigate negative
economic impacts to non-groundfish
vessels, while maintaining conservation
benefits for the southern windowpane
flounder stock.
DATES: Effective March 1, 2018, through
April 30, 2018.
ADDRESSES: Copies of recent related
actions, including Framework 52, 55,
and Framework 56, the Environmental
Assessments (EA), and their Regulatory
Impact Review, and the Final
Regulatory Flexibility Act analysis
prepared by the New England Fishery
Management Council and NMFS are
available from Michael Pentony,
Regional Administrator, NMFS Greater
Atlantic Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930.
The documents are also accessible via
the internet at: https://www.nefmc.org/
management-plans/northeastmultispecies.
FOR FURTHER INFORMATION CONTACT:
Sarah Heil, Senior Fishery Policy
Analyst, phone: 978–281–9257.
SUPPLEMENTARY INFORMATION: On
September 1, 2017, we implemented
emergency measures to remove the
southern windowpane flounder AMs for
non-groundfish trawl vessels (82 FR
41564). These emergency measures
expire on February 28, 2018. The
emergency rule published on September
1, 2017, included detailed information
on the background, reasons, and
justification for the emergency
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measures, and this information is not
repeated here.
The Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) limits NMFS’
emergency action authority to an initial
period of 180 days, with a potential
extension up to an additional 186 days,
if certain criteria are met. An extension
is allowed if the public has had an
opportunity to comment on the
emergency regulation, and in the case of
a Council recommendation for an
emergency action, the Council is
actively developing a change to the
Fishery Management Plan (FMP) or
regulations to address the emergency on
a permanent basis. We accepted public
comment on the emergency measures,
and received one comment in support of
the action. Additionally, the New
England Fishery Management Council
developed changes in Framework
Adjustment 57 to the Northeast
Multispecies (Groundfish) FMP to
permanently address the emergency.
Framework 57 is intended to be
implemented for the 2018 fishing year
beginning on May 1, 2018. As discussed
in more detail below, we determined the
necessary criteria to extend the
emergency measures have been met.
Therefore, this temporary rule removes
the southern windowpane flounder
AMs for non-groundfish trawl vessels
for the remainder of the 2017 fishing
year through April 30, 2018.
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]]>Agencies
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Rules and Regulations]
[Pages 8359-8362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03974]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2017-0077; FRL-9974-51--Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Approval of Texas Motor Vehicle Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
[[Page 8360]]
is approving revisions submitted by the State of Texas that affect the
Texas State Implementation Plan (SIP) concerning Texas' motor vehicle
air pollution rules and retail gasoline dispensing labeling
requirements for El Paso. The revisions are non-substantive in nature
and do not affect implementation of federal requirements.
DATES: This rule is effective on May 29, 2018 without further notice,
unless the EPA receives relevant adverse comment by March 29, 2018. If
the EPA receives such comment, the 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-
2017-0077, at https://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Mr. John Walser, 214-665-
7128, [email protected]. 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: Mr. John Walser, 214-665-7128,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with Mr. Bill Deese at 214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
Section 110 of the CAA requires states to develop and submit to the
EPA a SIP to ensure that state air quality meets National Ambient Air
Quality Standards. These ambient standards currently address six
criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide. Each federally-approved SIP
protects air quality primarily by addressing air pollution at its point
of origin through air pollution regulations and control strategies. The
EPA approved SIP regulations and control strategies are federally
enforceable.
II. The SIP Submittals and EPA's Evaluation
On July 12, 1995, the Texas Commission on Environmental Quality
(TCEQ) submitted SIP revisions to EPA that amend 30 Texas
Administrative Code (TAC) Chapter 114.13 (renumbered to 114.100) \1\
which include minor rephrasing regarding gasoline pump dispensing
labeling dates. Specifically, the revisions modify Sec. 114.100(f)(1)
and (2) to indicate when the legible labels shall be displayed. See
Docket EPA-R06-OAR-2017-0077 online at www.regulations.gov for the
submittal and adopted rules published in the Texas Register (20 TexReg
3097, April 25, 1995). EPA is approving these minor changes submitted
to EPA on July 12, 1995. Note, it was discovered in the processing of
the 2017 SIP revision discussed below that EPA had inadvertently never
processed the 1995 revision.
---------------------------------------------------------------------------
\1\ See, 63 FR 35839 (July 1, 1998).
---------------------------------------------------------------------------
On January 20, 2017, TCEQ submitted SIP revisions to EPA that amend
30 TAC Chapter Section 114.100 and 114.305 that make non-substantive,
minor modifications to the following Sections: Sec. 114.100 (b), (c),
(d), (e)(1), (e)(2), (f) and 114.305(a) and (c). For example, Sec.
114.100(c) changes the date ``September 1'' to ``September 1st.'' The
revision to Sec. 114.100(d) includes replacing the phrase
``commission, EPA'' with ``executive director, United States
Environmental Protection Agency (EPA).'' The revision to Sec.
114.100(e)(2) adds the words ``the active version'' to the beginning of
the phrase ``American Society for Testing and Materials (ASTM)'' to
ensure that the most active ASTM version is used for determining the
oxygen content of fuel.\2\ Revisions to Sec. 114.305(a) ensure that
the most active current version of the ASTM Test Method for determining
compliance with the Reid Vapor Pressure (RVP) limits is required
consistent with industry's current testing practices and state and
federal law.\3\ We have prepared a TSD for this action which details
our evaluation. The TSD may be accessed on-line at www.regulations.gov,
Docket No. EPA-R06-OAR-2017-0077.
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\2\ The most active current ASTM Test Method is ASTM D4815.
\3\ Volatility is the property of a liquid fuel that defines its
evaporation characteristics. RVP is an abbreviation for ``Reid Vapor
Pressure'', a common measure of and the generic term for gasoline
volatility. The most active current version of the test for gasoline
volatility is the ASTM Test Method D5191.
---------------------------------------------------------------------------
Section 211(m) of the Act requires that various States submit
revisions to their SIPs, and implement oxygenated gasoline programs by
no later than November 1, 1992. EPA previously approved the State's
adopted labeling regulations, enforcement procedures, and oxygenate
test methods in conformity with Federal regulations (See, 59 FR 15683
(April 4, 1994)). The labeling regulations of retail gasoline pumps
also may be found at 40 CFR 80.35.\4\ Texas has complied with federal
requirements and the above revisions function to add further clarity to
the existing rule language and are approvable.
---------------------------------------------------------------------------
\4\ See ``Notice of Final Oxygenated Fuels Labeling Regulations
under Section 211(m) of the CAA as Amended--Notice of Final
Rulemaking.'' (See, 57 FR 47769 (October 20, 1992)).
---------------------------------------------------------------------------
III. Final Action
Pursuant to Sections 110 and 182 of the Act, EPA is approving,
through a direct final action, revisions to the Texas SIP that were
submitted on July 12, 1995 and January 20, 2017. We are approving
revisions to the following sections within Chapter 114 of 30 TAC:
114.100 and 114.305. We evaluated the state's submittals and determined
that they meet the applicable requirements of the CAA. Also, in
accordance with CAA section 110(l), the revisions will not interfere
with attainment of the NAAQS, reasonable further progress, or any other
applicable requirement of the CAA.
The 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 May 29, 2018
without further notice unless we receive relevant
[[Page 8361]]
adverse comment by March 29, 2018. 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. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
revisions to the Texas regulations as described in the Final Action
section above. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 6 Office (please contact Mr. John Walser for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation (62 FR
27968, May 22, 1997).
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. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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. The 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 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 April 30, 2018. 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: February 22, 2018.
Anne Idsal,
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(c), the table entitled ``EPA Approved Regulations
in the Texas SIP'' is amended by adding a centered heading for
``Subchapter D--Oxygen Requirements for Gasoline'' under Chapter 114,
followed by a new entry for Section 114.100; and revising the entry for
Section 114.305.
The additions and revisions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
[[Page 8362]]
EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter D--Oxygen Requirements for Gasoline
----------------------------------------------------------------------------------------------------------------
Section 114.100............... Oxygenated Fuels..... 1/20/2017 2/27/2018, [Insert .....................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter H--Low Emission Fuels
Division 1: Gasoline Volatility
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 114.305............... Approved Test Methods 1/20/2017 2/27/2018, [Insert .....................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-03974 Filed 2-26-18; 8:45 am]
BILLING CODE 6560-50-P
