Approval and Promulgation of Implementation Plans; Texas; Control of Air Pollution From Visible Emissions and Particulate Matter, 18429-18431 [2018-08662]
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Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations
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[FR Doc. 2018–08845 Filed 4–26–18; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2017–0519; FRL–9977–
04—Region 6]
Approval and Promulgation of
Implementation Plans; Texas; Control
of Air Pollution From Visible
Emissions and Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA), the Environmental
Protection Agency (EPA) is approving
revisions to the Texas State
Implementation Plan (SIP) submitted by
the State of Texas to EPA on August 23,
2017, that pertain to particulate matter
standards and outdoor burning
regulations. This rulemaking action is
being taken under Section 110 of the
CAA.
SUMMARY:
This rule is effective on July 26,
2018 without further notice, unless the
EPA receives relevant adverse comment
by May 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–2017–0519, at https://
www.regulations.gov or via email to
pitre.randy@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
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DATES:
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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. Randy Pitre, (214) 665–
7299, pitre.randy@epa.gov. For the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Mr.
Randy Pitre, 214–665–7299,
pitre.randy@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Mr. Randy Pitre or
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
(NAAQS). 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.
On August 23, 2017, the Texas
Commission on Environmental Quality
(TCEQ or ‘‘the State’’) submitted
revisions to the Texas SIP that address
Control of Air Pollution from Visible
Emissions and Particulate Matter
requirements found in Title 30 of the
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18429
Texas Administrative Code (30 TAC),
Chapter 111 (Control of Air Pollution
from Visible Emissions and Particulate
Matter), Subchapter B (0utdoor
Burning). The submitted revisions
address two sections within Chapter
111: In section 111.203 (‘‘Definitions’’)
and the State added a new section
111.217, titled ‘‘Requirements for
Certified and Insured Prescribed Burn
Managers.’’
II. The EPA’s Evaluation
As described in the Technical
Support Document (TSD) accompanying
this action, the TCEQ submitted
revisions to 30 TAC Chapter 111,
Subchapter B, Sections 203 and 217.
The submittal revises 30 TAC 111.203
by adding two definitions: ‘‘Certified
and Insured Prescribed Burn Manager’’
and ‘‘Sunrise/Sunset.’’ These new
definitions enhance the SIP by
establishing a responsible party for
prescribed fire management and add
clarity. Additional edits include
renumbering to account for the new
definitions and minor edits that add
specificity.
The submittal also revises 30 TAC 111
by adding Section 217: ‘‘Requirements
for Certified and Insured Prescribed
Burn Managers.’’ This section describes
the obligations regarding authority to
direct a burn, allowable habitats for a
burn, notification procedures, proximity
to city/town limits, local ordinances,
meteorological and temporal conditions,
and items not permissible for burning.
These revisions are consistent with
Table 1 to 40 CFR 50.14.
Because these revisions include
requirements that protect public health
and property, and reduce or eliminate
an impact from prescribed burning on
the NAAQS, they improve the SIP. For
these reasons, we do not believe such
revisions would interfere with
attainment of the NAAQS, reasonable
further progress, or any other applicable
requirement of the CAA, and we find
these revisions approvable. For more
detail, please see the TSD for this
action.
III. Final Action
We are approving the August 23,
2017, submittal that adopted
amendments to the Texas SIP at 30 TAC
Section 111.203 and 30 TAC Section
111.217.
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
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SIP revision if relevant adverse
comments are received. This rule will
be effective on July 26, 2018 without
further notice unless we receive relevant
adverse comment by May 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.
jstallworth on DSKBBY8HB2PROD with RULES
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.
Randy Pitre, 214–665–7299,
pitre.randy@epa.gov 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 in the next
update to the SIP compilation.
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
CAA 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:
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• 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
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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 June 26, 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: April 19, 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 titled ‘‘EPA
Approved Regulations in the Texas SIP’’
is amended by revising the entry for
section 111.203 under Chapter 111,
Subchapter B and adding an entry for
section 111.217.
The amendments read as follows:
■
§ 52.2270
*
Identification of plan.
*
*
(c) * * *
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Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations
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 ...................................
*
7/7/2017
*
4/27/2018, [Insert Federal Register citation].
*
*
*
Section 111.217 ........
*
*
Requirements for Certified and
Insured Prescribed Burn Managers.
*
7/7/2017
*
4/27/2018, [Insert Federal Register citation].
*
*
*
*
*
*
*
*
*
*
*
*
*
[FR Doc. 2018–08662 Filed 4–26–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2003–0118; FRL–9977–05–
OAR]
Protection of Stratospheric Ozone:
Notification of Guidance and a
Stakeholder Meeting Concerning the
Significant New Alternatives Policy
(SNAP) Program
Environmental Protection
Agency (EPA).
ACTION: Notification of guidance and
stakeholder meeting.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is providing
this document to dispel confusion and
provide regulatory certainty for
stakeholders affected by EPA’s
Significant New Alternatives Policy
program final rule issued on July 20,
2015, and the decision of the Court of
Appeals for the District of Columbia
Circuit in the case of Mexichem Fluor,
Inc. v. EPA. The 2015 Rule changed the
listings for certain hydrofluorocarbons
in various end-uses in the aerosols,
refrigeration and air conditioning, and
foam blowing sectors. It also changed
the listings for certain
hydrochlorofluorocarbons being phased
out of production under the Montreal
Protocol on Substances that Deplete the
Ozone Layer and section 605 of the
Clean Air Act. The court vacated the
2015 Rule ‘‘to the extent it requires
manufacturers to replace HFCs with a
jstallworth on DSKBBY8HB2PROD with RULES
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*
substitute substance’’ and remanded the
rule to EPA for further proceedings.
This document provides guidance to
stakeholders that, based on the court’s
partial vacatur, in the near-term EPA
will not apply the HFC listings in the
2015 Rule, pending a rulemaking. This
document also provides the Agency’s
plan to begin a notice-and-comment
rulemaking process to address the
remand of the 2015 Rule. The Agency is
also providing notice of a stakeholder
meeting as part of the rulemaking
process.
EPA will hold a stakeholder
meeting on May 4, 2018 to enable
stakeholders to provide input as the
Agency prepares to engage in
rulemaking to address the court’s
remand of the 2015 Rule. The meeting
will be held at 9:30 a.m. to 12:30 p.m.
ET on Friday, May 4, 2018 at EPA,
William Jefferson Clinton East Building,
Room 1153, 1201 Constitution Avenue
NW, Washington, DC 20004.
Information concerning this meeting
will be available on the EPA website:
https://www.epa.gov/snap. Please RSVP
for this meeting by contacting Chenise
Farquharson at farquharson.chenise@
epa.gov by April 27, 2018.
DATES:
FOR FURTHER INFORMATION CONTACT:
Chenise Farquharson, Stratospheric
Protection Division, (6205T),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; telephone number: (202) 564–
7768; email address:
farquharson.chenise@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. General Information
A. Does this action apply to me?
This document provides information
related to the EPA’s Significant New
Alternatives Policy (SNAP) program
final rule (2015 Rule) issued on July 20,
2015 (80 FR 42870), and the decision of
the Court of Appeals for the District of
Columbia Circuit in the case of
Mexichem Fluor, Inc. v. EPA, 866 F.3d
451 (D.C. Cir. 2017). The 2015 Rule
changed the listings for certain
hydrofluorocarbons (HFCs) in various
end-uses in the aerosols, refrigeration
and air conditioning, and foam blowing
sectors. The listings were changed from
acceptable, or acceptable subject to use
conditions, to unacceptable, or
acceptable subject to narrowed use
limits (i.e., acceptable only for limited
uses for a specified period of time). The
2015 Rule also changed the listings for
certain hydrochlorofluorocarbons
(HCFCs) being phased out of production
under the Montreal Protocol on
Substances that Deplete the Ozone
Layer (Montreal Protocol) and section
605 of the Clean Air Act (CAA). The
court vacated the 2015 Rule ‘‘to the
extent it requires manufacturers to
replace HFCs with a substitute
substance’’ and remanded the rule to
EPA for further proceedings.
Through this document, EPA is taking
three actions in response to the court’s
decision: (1) Providing guidance to
stakeholders on how EPA will
implement the court’s partial vacatur of
the 2015 Rule in the near term, pending
a rulemaking; (2) providing information
on the Agency’s plan to address the
court’s remand of the 2015 Rule through
rulemaking; and (3) providing notice of
a stakeholder meeting to help inform the
Agency as it begins developing a
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[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Rules and Regulations]
[Pages 18429-18431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08662]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2017-0519; FRL-9977-04--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: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is approving revisions to the Texas State
Implementation Plan (SIP) submitted by the State of Texas to EPA on
August 23, 2017, that pertain to particulate matter standards and
outdoor burning regulations. This rulemaking action is being taken
under Section 110 of the CAA.
DATES: This rule is effective on July 26, 2018 without further notice,
unless the EPA receives relevant adverse comment by May 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-
2017-0519, 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. Randy Pitre, (214)
665-7299, [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. Randy Pitre, 214-665-7299,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with Mr. Randy Pitre or 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 (NAAQS). 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.
On August 23, 2017, the Texas Commission on Environmental Quality
(TCEQ or ``the State'') submitted revisions to the Texas SIP that
address Control of Air Pollution from Visible Emissions and Particulate
Matter requirements found in Title 30 of the Texas Administrative Code
(30 TAC), Chapter 111 (Control of Air Pollution from Visible Emissions
and Particulate Matter), Subchapter B (0utdoor Burning). The submitted
revisions address two sections within Chapter 111: In section 111.203
(``Definitions'') and the State added a new section 111.217, titled
``Requirements for Certified and Insured Prescribed Burn Managers.''
II. The EPA's Evaluation
As described in the Technical Support Document (TSD) accompanying
this action, the TCEQ submitted revisions to 30 TAC Chapter 111,
Subchapter B, Sections 203 and 217. The submittal revises 30 TAC
111.203 by adding two definitions: ``Certified and Insured Prescribed
Burn Manager'' and ``Sunrise/Sunset.'' These new definitions enhance
the SIP by establishing a responsible party for prescribed fire
management and add clarity. Additional edits include renumbering to
account for the new definitions and minor edits that add specificity.
The submittal also revises 30 TAC 111 by adding Section 217:
``Requirements for Certified and Insured Prescribed Burn Managers.''
This section describes the obligations regarding authority to direct a
burn, allowable habitats for a burn, notification procedures, proximity
to city/town limits, local ordinances, meteorological and temporal
conditions, and items not permissible for burning. These revisions are
consistent with Table 1 to 40 CFR 50.14.
Because these revisions include requirements that protect public
health and property, and reduce or eliminate an impact from prescribed
burning on the NAAQS, they improve the SIP. For these reasons, we do
not believe such revisions would interfere with attainment of the
NAAQS, reasonable further progress, or any other applicable requirement
of the CAA, and we find these revisions approvable. For more detail,
please see the TSD for this action.
III. Final Action
We are approving the August 23, 2017, submittal that adopted
amendments to the Texas SIP at 30 TAC Section 111.203 and 30 TAC
Section 111.217.
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
[[Page 18430]]
SIP revision if relevant adverse comments are received. This rule will
be effective on July 26, 2018 without further notice unless we receive
relevant adverse comment by May 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. Randy Pitre, 214-665-7299,
[email protected] 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 in the next update to the SIP compilation.
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 CAA 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 June 26, 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, Particulate matter, Reporting and recordkeeping
requirements.
Dated: April 19, 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 titled ``EPA Approved Regulations in
the Texas SIP'' is amended by revising the entry for section 111.203
under Chapter 111, Subchapter B and adding an entry for section
111.217.
The amendments read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
[[Page 18431]]
EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter B: Outdoor Burning
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 111.203................ Definitions......... 7/7/2017 4/27/2018, [Insert
Federal Register
citation].
* * * * * * *
Section 111.217................ Requirements for 7/7/2017 4/27/2018, [Insert
Certified and Federal Register
Insured Prescribed citation].
Burn Managers.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-08662 Filed 4-26-18; 8:45 am]
BILLING CODE 6560-50-P
