Air Plan Approval; Texas; Interstate Transport Requirements for the 1997 Ozone National Ambient Air Quality Standards, 62719-62720 [2018-26287]
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Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations
b. Revising the first sentence in
paragraph (a)(4)(i); and
■ c. Revising the introductory text in
paragraph (a)(5).
The addition and revisions read as
follows:
§ 16.12
Specific exemptions.
(a) * * *
(1) * * *
EPA–63 eDiscovery Enterprise Tool
Suite.
*
*
*
*
*
(4) * * * (i) EPA systems of records
17, 30, 40, 41, 46 and 63 are exempted
from the following provisions of the PA,
subject to the limitations set forth in 5
U.S.C. 552a(k)(2): 5 U.S.C. 552a(c)(3);
(d); (e)(1), (4)(G) and (4)(H); and (f)(2)
through (5). * * *
*
*
*
*
*
(5) Reasons for exemption. EPA
systems of records 17, 21, 30, 40, 41, 46
and 63 are exempted from the above
provisions of the PA for the following
reasons:
*
*
*
*
*
[FR Doc. 2018–26355 Filed 12–4–18; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2008–0408; FRL–9986–64–
Region 6]
Air Plan Approval; Texas; Interstate
Transport Requirements for the 1997
Ozone National Ambient Air Quality
Standards
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 two Texas State
Implementation Plan (SIP) submittals
that pertain to the good neighbor and
interstate transport requirements of the
CAA with respect to the 1997 ozone
National Ambient Air Quality Standards
(NAAQS). The good neighbor provision
requires each state, in its SIP, to prohibit
emissions that will significantly
contribute to nonattainment, or interfere
with maintenance, of a NAAQS in other
states. In this action, EPA is approving
the Texas SIP submittals as having met
the requirements of the good neighbor
provision for the 1997 ozone NAAQS in
accordance with section 110 of the
CAA.
DATES: This rule is effective on January
7, 2019.
khammond on DSK30JT082PROD with RULES
VerDate Sep<11>2014
16:05 Dec 04, 2018
Jkt 247001
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
BILLING CODE 6560–50–P
SUMMARY:
The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2008–0408. 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, young.carl@
epa.gov.
ADDRESSES:
■
The background for this action is
discussed in detail in our October 3,
2018 proposal (83 FR 49894). In that
document we proposed to (1) approve
the portions of the April 4, 2008 and
May 1, 2008 Texas SIP submittals as
they pertain to the requirements of CAA
section 110(a)(2)(D)(i)(I) with respect to
the 1997 ozone NAAQS, and (2) find
that the conclusion in the state’s SIP
submittals is consistent with EPA’s
conclusion regarding Texas’s good
neighbor obligation, that emissions from
Texas will not significantly contribute
to nonattainment or interfere with
maintenance of the 1997 ozone NAAQS
in any other state.
We did not receive any adverse
comments regarding our proposal. We
received two supportive comments
regarding the proposal. The first was a
comment from the Texas Commission
on Environmental Quality which
supported the proposal; and the second
comment was an anonymous comment
stating general support for clean air
regulations. The comments are available
in the electronic docket for this action.
II. Final Action
We are approving the portions of the
April 4, 2008 and May 1, 2008 Texas
SIP submittals as they pertain to the
requirements of CAA section
110(a)(2)(D)(i)(I) with respect to the
1997 ozone NAAQS. We find that the
conclusion in the state’s SIP submittals
is consistent with EPA’s conclusion
regarding the good neighbor obligation,
that emissions from Texas will not
PO 00000
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Fmt 4700
Sfmt 4700
62719
significantly contribute to
nonattainment or interfere with
maintenance of the 1997 ozone NAAQS
in any other state. This action is being
taken under section 110 of the Act.
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
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
E:\FR\FM\06DER1.SGM
06DER1
62720
Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations
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 February 4, 2019.
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, Air pollution control,
Incorporation by reference, Ozone.
Dated: November 26, 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) the second table
titled ‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Texas SIP’’ is amended
by revising 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 ....................
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2018–0778; FRL–9987–38–
Region 9]
khammond on DSK30JT082PROD with RULES
Findings of Failure To Submit
Complete State Implementation Plans
Required for the 1997, 2006, and 2012
PM2.5 NAAQS; California; San Joaquin
Valley
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
find that California has failed to submit
SUMMARY:
16:05 Dec 04, 2018
*
*
12/12/2007, 3/11/2008, 4/4/
2008, 5/1/2008, 11/23/
2009.
*
[FR Doc. 2018–26287 Filed 12–4–18; 8:45 am]
VerDate Sep<11>2014
State submittal/
effective date
Jkt 247001
EPA approval date
Explanation
*
12/28/2011, 76 FR 81371 ....
*
*
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 FR66626). 1997 and 2006
PM2.5 element D(i)(I) approved 5/14/
2018, 83 FR 22208. 1997 ozone element
D(i)(I) approved 12/6/2018, [Insert Federal Register citation].
*
*
complete state implementation plans
(SIPs) required under the Clean Air Act
(CAA or ‘‘Act’’) to implement the 1997,
2006, and 2012 national ambient air
quality standards (NAAQS or
‘‘standards’’) for fine particulate matter
(PM2.5) in the San Joaquin Valley. For
the 1997 annual and 24-hour PM2.5
NAAQS, California was required to
submit by December 31, 2016, a SIP
submission that provides for, among
other things, annual reductions in
emissions of direct PM2.5 or a PM2.5 plan
precursor pollutant within the area of
not less than five percent of the amount
of such emissions as reported in the
most recent inventory for the area. For
the 2006 24-hour PM2.5 NAAQS,
California was required to submit by
August 21, 2017, a SIP submission that
meets the requirements for Serious
PM2.5 nonattainment areas, including
the requirement for best available
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*
*
control measures (BACM). For the 2012
annual PM2.5 NAAQS, California was
required to submit by October 15, 2016,
a SIP submission that meets the
requirements for Moderate PM2.5
nonattainment areas, including the
requirement for reasonably available
control measures (RACM). California
submitted substantial portions of each
of these required SIP submissions as
part of an integrated plan on November
16, 2018, but each of these submissions
fails to meet the EPA’s minimum
criteria for completeness.
If the EPA has not affirmatively found
that the State has submitted complete
SIPs that correct the deficiencies in each
of these SIP submissions within 18
months of this finding, the offset
sanction will apply in the area. If within
6 additional months the EPA still has
not affirmatively determined that the
State has submitted complete SIPs that
E:\FR\FM\06DER1.SGM
06DER1
]]>Agencies
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Rules and Regulations]
[Pages 62719-62720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26287]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2008-0408; FRL-9986-64-Region 6]
Air Plan Approval; Texas; Interstate Transport Requirements for
the 1997 Ozone National Ambient Air Quality Standards
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 two
Texas State Implementation Plan (SIP) submittals that pertain to the
good neighbor and interstate transport requirements of the CAA with
respect to the 1997 ozone National Ambient Air Quality Standards
(NAAQS). The good neighbor provision requires each state, in its SIP,
to prohibit emissions that will significantly contribute to
nonattainment, or interfere with maintenance, of a NAAQS in other
states. In this action, EPA is approving the Texas SIP submittals as
having met the requirements of the good neighbor provision for the 1997
ozone NAAQS in accordance with section 110 of the CAA.
DATES: This rule is effective on January 7, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2008-0408. 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
October 3, 2018 proposal (83 FR 49894). In that document we proposed to
(1) approve the portions of the April 4, 2008 and May 1, 2008 Texas SIP
submittals as they pertain to the requirements of CAA section
110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS, and (2) find
that the conclusion in the state's SIP submittals is consistent with
EPA's conclusion regarding Texas's good neighbor obligation, that
emissions from Texas will not significantly contribute to nonattainment
or interfere with maintenance of the 1997 ozone NAAQS in any other
state.
We did not receive any adverse comments regarding our proposal. We
received two supportive comments regarding the proposal. The first was
a comment from the Texas Commission on Environmental Quality which
supported the proposal; and the second comment was an anonymous comment
stating general support for clean air regulations. The comments are
available in the electronic docket for this action.
II. Final Action
We are approving the portions of the April 4, 2008 and May 1, 2008
Texas SIP submittals as they pertain to the requirements of CAA section
110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS. We find that
the conclusion in the state's SIP submittals is consistent with EPA's
conclusion regarding the good neighbor obligation, that emissions from
Texas will not significantly contribute to nonattainment or interfere
with maintenance of the 1997 ozone NAAQS in any other state. This
action is being taken under section 110 of the Act.
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 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
[[Page 62720]]
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 February 4, 2019. 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, Air pollution
control, Incorporation by reference, Ozone.
Dated: November 26, 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) the second table titled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by revising 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
Name of SIP provision geographic or State submittal/ EPA approval date Explanation
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure and Interstate Statewide......... 12/12/2007, 3/11/ 12/28/2011, 76 FR Approval for CAA
Transport for the 1997 Ozone 2008, 4/4/2008, 5/ 81371. elements
and the 1997 and 2006 PM2.5 1/2008, 11/23/ 110(a)(2)(A),
NAAQS.. 2009. (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
FR66626). 1997
and 2006 PM2.5
element D(i)(I)
approved 5/14/
2018, 83 FR
22208. 1997 ozone
element D(i)(I)
approved 12/6/
2018, [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2018-26287 Filed 12-4-18; 8:45 am]
BILLING CODE 6560-50-P
