Approval and Promulgation of Implementation Plans; Texas; Interstate Transport Requirements for the 1997 and 2006 PM2.5, 22207-22208 [2018-10162]
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Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations
Permit number/
type
Name of source
*
National
(NGC).
Gypsum
*
*
*
*
*
Company
*
Departmental Order .....................
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2016–0716; FRL–9977–
26—Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Interstate Transport Requirements for
the 1997 and 2006 PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving portions of three Texas
State Implementation Plan (SIP)
submittals pertaining to CAA
requirements to prohibit emissions
which will significantly contribute to
nonattainment or interfere with
maintenance of the 1997 and 2006 fine
particulate matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS) in other states.
DATES: This rule is effective on June 13,
2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2016–0716. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
SUMMARY:
nshattuck on DSK9F9SC42PROD with RULES
3/11/2016
Additional
explanation
*
*
5/14/2018 [Insert Federal
Register citation].
*
The SIP approval includes
specific alternative volatile organic compound
emission limits and
other conditions for
NGC as established by
the Departmental Order.
Carl
Young, 214–665–6645, young.carl@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
BILLING CODE 6560–50–P
14:43 May 11, 2018
*
EPA approval date
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2018–09889 Filed 5–11–18; 8:45 am]
VerDate Sep<11>2014
State effective
date
Jkt 244001
I. Background
The background for this action is
discussed in detail in our February 14,
2018 proposal (83 FR 6493). In that
document we proposed to approve
portions of three Texas SIP submittals
pertaining to the CAA section
110(a)(2)(D)(i)(I) requirements based on
our conclusion, which is consistent
with the State’s ultimate conclusion,
that emissions from Texas will not
significantly contribute to
nonattainment or interfere with
maintenance of the 1997 and 2006 p.m.
2.5 NAAQS in other states. Specifically,
we proposed to approve (1) the portions
of the April 4, 2008 and May 1, 2008 SIP
submittals for the 1997 PM2.5 NAAQS
and (2) the portion of the November 23,
2009 submittal for the 2006 PM2.5
NAAQS, as they pertain to CAA section
110(a)(2)(D)(i)(I).
We received comments in support of
our proposal from the Texas
Commission on Environmental Quality
(TCEQ) and Vistra Energy Corporation.
TCEQ also noted in their comments that
they disagree with EPA’s method for
determining significant contribution to
nonattainment or interference with
maintenance of the NAAQS in other
states. We acknowledge the State’s
position and welcome continued
discussion and collaboration between
EPA and the State on the issue.
II. Final Action
We are approving the portions of the
April 4, 2008 and May 1, 2008 SIP
submittals for the 1997 PM2.5 NAAQS
and the portion of the November 23,
2009 submittal for the 2006 PM2.5
NAAQS, as they pertain to CAA
requirements to prohibit emissions
which will significantly contribute to
nonattainment or interfere with
maintenance of the 1997 and 2006 PM2.5
NAAQS in other states.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
22207
III. 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
E:\FR\FM\14MYR1.SGM
14MYR1
22208
Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to
apply on any Indian reservation land or
in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the 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 July 13, 2018.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter.
Dated: May 8, 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(e), in the second table,
titled ‘‘EPA-Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Texas SIP,’’ revise the
entry for ‘‘Infrastructure and Interstate
Transport for the 1997 Ozone and the
1997 and 2006 PM2.5 NAAQS’’ to 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
*
Infrastructure and Interstate Transport for
the 1997 Ozone and
the 1997 and 2006
PM2.5 NAAQS.
*
Applicable
geographic or
nonattainment
area
*
Statewide ..........
*
State submittal/
effective date
*
12/12/2007, 3/11/2008,
4/4/2008, 5/1/2008,
11/23/2009.
BILLING CODE 6560–50–P
*
12/28/2011, 76 FR
81371.
*
*
*
[FR Doc. 2018–10162 Filed 5–11–18; 8:45 am]
EPA approval date
*
Final rule; announcement of
effective date.
ACTION:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection associated with
the Commission’s discontinuance rules.
This document is consistent with the
Accelerating Wireline Broadband
Deployment by Removing Barriers to
Infrastructure Investment Report and
Order, Declaratory Ruling, and Further
Notice of Proposed Rulemaking, FCC
17–154, which stated that the
Commission would publish a document
SUMMARY:
FEDERAL COMMUNICATIONS
COMMISSION
nshattuck on DSK9F9SC42PROD with RULES
47 CFR Part 51
[WC Docket No. 17–84; FCC 17–154]
Accelerating Wireline Broadband
Deployment by Removing Barriers to
Infrastructure Investment
Federal Communications
Commission.
AGENCY:
VerDate Sep<11>2014
14:43 May 11, 2018
Jkt 244001
PO 00000
Frm 00032
Comments
Fmt 4700
Sfmt 4700
*
*
Approval for CAA elements 110(a)(2)(A), (B),
(E), (F), (G), (H), (K), (L), and (M). Full approval for CAA elements 110(a)(2)(C),
(D)(i)(II), (D)(ii) and (J) with approval of the
GHG PSD revision (11/10/2014, 79 FR
66626). 1997 and 2006 PM2.5 element D(i)(I)
approved 5/14/2018, [Insert Federal Register citation].
*
*
in the Federal Register announcing the
effective date of those rules.
The amendments to 47 CFR
51.325, 51.329, 51.332, and 51.333,
published at 82 FR 61453, December 28,
2017, are effective on May 14, 2018.
DATES:
FOR FURTHER INFORMATION CONTACT:
Michele Levy Berlove, Attorney
Advisor, Wireline Competition Bureau,
at (202) 418–1477, or by email at
Michele.Berlove@fcc.gov. For additional
information concerning the Paperwork
Reduction Act information collection
requirements, contact Nicole Ongele at
(202) 418–2991 or nicole.ongele@
fcc.gov.
E:\FR\FM\14MYR1.SGM
14MYR1
]]>Agencies
[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Rules and Regulations]
[Pages 22207-22208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10162]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2016-0716; FRL-9977-26--Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Interstate Transport Requirements for the 1997 and 2006 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving portions of three
Texas State Implementation Plan (SIP) submittals pertaining to CAA
requirements to prohibit emissions which will significantly contribute
to nonattainment or interfere with maintenance of the 1997 and 2006
fine particulate matter (PM2.5) National Ambient Air Quality
Standards (NAAQS) in other states.
DATES: This rule is effective on June 13, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2016-0716. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through https://www.regulations.gov or
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Carl Young, 214-665-6645,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
February 14, 2018 proposal (83 FR 6493). In that document we proposed
to approve portions of three Texas SIP submittals pertaining to the CAA
section 110(a)(2)(D)(i)(I) requirements based on our conclusion, which
is consistent with the State's ultimate conclusion, that emissions from
Texas will not significantly contribute to nonattainment or interfere
with maintenance of the 1997 and 2006 p.m. 2.5 NAAQS in other states.
Specifically, we proposed to approve (1) the portions of the April 4,
2008 and May 1, 2008 SIP submittals for the 1997 PM2.5 NAAQS
and (2) the portion of the November 23, 2009 submittal for the 2006
PM2.5 NAAQS, as they pertain to CAA section
110(a)(2)(D)(i)(I).
We received comments in support of our proposal from the Texas
Commission on Environmental Quality (TCEQ) and Vistra Energy
Corporation. TCEQ also noted in their comments that they disagree with
EPA's method for determining significant contribution to nonattainment
or interference with maintenance of the NAAQS in other states. We
acknowledge the State's position and welcome continued discussion and
collaboration between EPA and the State on the issue.
II. Final Action
We are approving the portions of the April 4, 2008 and May 1, 2008
SIP submittals for the 1997 PM2.5 NAAQS and the portion of
the November 23, 2009 submittal for the 2006 PM2.5 NAAQS, as
they pertain to CAA requirements to prohibit emissions which will
significantly contribute to nonattainment or interfere with maintenance
of the 1997 and 2006 PM2.5 NAAQS in other states.
III. 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
[[Page 22208]]
application of those requirements would be inconsistent with the CAA;
and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the 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 July 13, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.
Dated: May 8, 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(e), in the second table, titled ``EPA-Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP,'' revise the entry for ``Infrastructure and Interstate Transport
for the 1997 Ozone and the 1997 and 2006 PM2.5 NAAQS'' to
read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
Applicable geographic State submittal/ EPA approval
Name of SIP provision or nonattainment area effective date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure and Interstate Statewide............ 12/12/2007, 3/11/ 12/28/2011, 76 Approval for CAA
Transport for the 1997 Ozone 2008, 4/4/2008, FR 81371. elements
and the 1997 and 2006 PM2.5 5/1/2008, 11/23/ 110(a)(2)(A), (B),
NAAQS. 2009. (E), (F), (G), (H),
(K), (L), and (M).
Full approval for
CAA elements
110(a)(2)(C),
(D)(i)(II), (D)(ii)
and (J) with
approval of the GHG
PSD revision (11/10/
2014, 79 FR 66626).
1997 and 2006 PM2.5
element D(i)(I)
approved 5/14/2018,
[Insert Federal
Register citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2018-10162 Filed 5-11-18; 8:45 am]
BILLING CODE 6560-50-P
