Air Plan Approval; Texas; Infrastructure for the 2015 Ozone National Ambient Air Quality Standard, 49663-49667 [2019-20314]
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Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations
V. What action is the EPA taking?
The EPA is ammending the Missouri
SIP by rescinding 10 CSR 10–5.120
Information on Sales of Fuels to be
Provided and Maintained and 10 CSR
10–5.130 Certain Coals to be Washed.
Approval of these revisions will ensure
consistency between State and
federally-approved rules. These
rescissions will not impact air quality
since the rules do not effectively limit
emissions or the amount of fuel that can
be burned and do not function to
achieve attainment or maintenance of
the National Ambient Air Quality
Standards (NAAQS).
VI. Incorporation by Reference
In this document, as described in the
amendments to 40 CFR part 52 set forth
below, the EPA is removing provisions
of the EPA Approved Missouri
Regulations and Statutes from the
Missouri State Implementation Plan,
which is incorporated by reference in
accordance with the requirements of 1
CFR part 51.
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VII. 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,
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);
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• 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 the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; 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 the 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 22, 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
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49663
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Certain coals to be
washed, Incorporation by reference,
Information on fuel sales, Particulate
matter, Rescission, Sulfur dioxide.
Dated: September 11, 2019.
Mike Brincks,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as set forth below:
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—AA Missouri
§ 52.1320
[Amended]
2. In § 52.1320, the table in paragraph
(c) is amended by removing entries ‘‘10–
5.120’’ and ‘‘10–5.130’’ under the
heading ‘‘Chapter 5—Air Quality
Standards and Air Pollution Control
Regulations for the St. Louis
Metropolitan Area’’.
■
[FR Doc. 2019–20321 Filed 9–20–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0673; FRL–9999–17–
Region 6]
Air Plan Approval; Texas;
Infrastructure for the 2015 Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Clean Air Act
(CAA or the Act), the Environmental
Protection Agency (EPA) is approving
elements of two State Implementation
Plan (SIP) submissions from the State of
Texas for the 2015 Ozone National
Ambient Air Quality Standard
(NAAQS). These submittals address
how the existing SIP provides for
implementation, maintenance, and
enforcement of the 2015 ozone NAAQS
(infrastructure SIP or i-SIP).
DATES: This rule is effective on October
23, 2019.
SUMMARY:
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The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2018–0673. 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 Office, 1201
Elm Street, Suite 500, Dallas, Texas
75270.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Carrie Paige, EPA Region 6 Office,
Infrastructure & Ozone Section, 1201
Elm Street, Suite 500, Dallas, TX 75270,
214–665–6521, paige.carrie@epa.gov.
To inspect the hard copy materials,
please schedule an appointment with
Ms. Paige or Mr. Bill Deese at 214–665–
7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
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I. Background
The background for this action is
discussed in detail in our April 30, 2019
proposal (84 FR 18186). In that
document we proposed to approve the
August 17, 2018 i-SIP submittal from
the Texas Commission on
Environmental Quality (TCEQ) for the
2015 ozone NAAQS in its entirety. We
also proposed to approve the portions of
the August 17, 2018 Transport submittal
from the TCEQ for the 2015 ozone
NAAQS that address CAA section
110(a)(2)(D)(i), pertaining to the
prevention of significant deterioration
in other states for ozone (sub-element 3
or prong 3), and CAA section
110(a)(2)(D)(ii). Our proposal did not
evaluate the portions of the August 17,
2018 Transport submittal from the
TCEQ for the 2015 ozone NAAQS that
address sub-elements (prongs) 1, 2, and
4 of CAA section 110(a)(2)(D)(i), but
stated that we would address such in a
separate action.
We received one comment in support
of our proposal and one relevant
adverse comment. The comments are
posted in the docket for this action. Our
responses to the comments are provided
below.
II. Response to Comments
Comment: The TCEQ submitted a
comment in support of EPA’s proposed
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determination that the Texas SIP meets
the infrastructure requirements for the
2015 ozone NAAQS as proposed, and
reiterated that prongs 1, 2, and 4 of CAA
section 110(a)(2)(D)(i) will be addressed
by the EPA in a separate rulemaking.
Response: We acknowledge the
TCEQ’s support of our proposed action.
We received one adverse, relevant
comment letter from an anonymous
source (‘‘Commenter’’). We are
separating the comments and our
responses to each below:
Comment: Commenter asks how the
visibility portion of CAA section
110(a)(2)(J) ‘‘can be approved’’ if Texas’s
visibility portion of CAA section
110(a)(2)(D)(i)(II) (prong 4) ‘‘cannot be
approved.’’ Commenter also states that
EPA must take consistent action on both
visibility elements and either approve or
disapprove both. Commenter states that
EPA cannot take later separate action on
one and state that no new requirements
are applicable in element (J) when there
is a new or revised NAAQS. Commenter
questions why states must submit
infrastructure SIPs if a new or revised
NAAQS requires no new visibility
obligations triggered under CAA section
110(a)(2)(J) and, for all other elements,
potentially excluding elements (A), (B),
(C), and (D)(i)(I), no additional
requirements or obligations are placed
on states. The commenter asks that if
states must revise their SIP for elements
(E) through (M), and potentially (A)
through (D)(i)(I), why would visibility
requirements of element (J) be exempt
from this process. The commenter states
that EPA must require Texas to address
the visibility portion of element (J)
unless EPA is willing to exempt other
elements from section 110(a)(2) from the
need to revise their SIPs under the
Infrastructure requirements.
Response: In this action, EPA has
explained that it is not evaluating and
will address in a separate action
requirements for Texas under the 2015
ozone NAAQS related to ‘‘prong 4,’’
CAA section 110(a)(2)(D)(i)(II)), which
generally requires a SIP to contain
adequate provisions prohibiting
emissions within the state from
‘‘interfering with measures required to
be in the applicable implementation
plan for any other State under part C of
this subchapter . . . to protect
visibility.’’ See Infrastructure SIP
Guidance 32–35 (providing guidance on
how states may satisfy their prong 4
obligations).1 EPA considers prong 4 to
1 ‘‘Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clean
Air Act sections 110(a)(1) and 110(a)(2),’’
Memorandum from Stephen D. Page, September 13,
2013. Such Guidance is posted in the docket for this
rulemaking and also at https://www.epa.gov/
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be ‘‘pollutant-specific,’’ such that an
infrastructure SIP submission need only
address the potential for interference
with protection of visibility based on
the pollutant (including precursors) to
which the new or revised NAAQS
applies. See id. at 33. Oxides of nitrogen
are ozone precursors subject to the
revised 2015 ozone NAAQS and they
are also visibility-impairing pollutants.
Therefore, EPA acknowledges that we
will need to assess prong 4 as related to
oxides of nitrogen in the Texas August
17, 2018 Transport SIP submittal for the
2015 ozone NAAQS. However, as EPA
makes clear, we are not addressing
prong 4 in this action.
We disagree with Commenter that
EPA cannot take separate action on CAA
section 110(a)(2)(D)(i)(II) prong 4. EPA
interprets its authority under CAA
section 110(k) as affording the Agency
the discretion to approve, disapprove, or
conditionally approve, individual
elements of the Texas infrastructure and
Transport submissions for the 2015
ozone NAAQS. EPA views discrete
infrastructure SIP requirements, such as
the requirements of 110(a)(2)(D)(i)(I) and
(II), as severable from other
infrastructure SIP elements and
interprets section 110(k) as allowing it
to act on individual severable elements
or requirements in a SIP submission. In
short, EPA has the discretion under
CAA section 110(k) to act upon the
various individual elements of a state’s
infrastructure SIP submission,
separately or together, as appropriate.
As stated in the proposal and earlier in
this final action, EPA will address the
remaining sub-elements (prongs 1, 2,
and 4) of CAA section 110(a)(2)(D)(i) in
a separate rulemaking action or actions.
Section 110(a)(2) (J)’s visibility
requirements need not be addressed in
this i-SIP because a state’s requirements
relating to visibility protection are not
affected when EPA establishes or revises
a NAAQS. The visibility sub-element of
element (J), CAA section 110(a)(2)(J) is
different than for prong 4; the revised
NAAQS here does not give rise to
additional visibility obligations that
would be appropriate to address in an
infrastructure SIP. Under 40 CFR part 51
subpart P, implementing the visibility
requirements of CAA title I, part C,
states are subject to requirements for
reasonably attributable visibility
impairment, new source review for
possible impacts on air quality related
values in Class I areas, and regional
haze planning. These include
timeframes for SIP submittals related to
ground-level-ozone-pollution/infrastructure-stateimplementation-plan-sip-requirements-andguidance.
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Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations
visibility requirements. See, e.g., 40 CFR
51.308(b) (establishing a deadline for
initial SIPs to meet regional haze
requirements of December 17, 2007).
Our proposed action contains the
relevant language regarding the
visibility sub-element of element (J), and
our rationale is not changing from the
proposed action to this final action. As
EPA recognized in the 2013
Infrastructure SIP Guidance, generally
speaking, when the EPA establishes or
revises a NAAQS, the visibility
requirements under part C of title I of
the CAA do not change. See Guidance
at 54–55. There are no new visibility
protection requirements under part C as
a result of the revised NAAQS here.
Therefore, there are no newly applicable
visibility protection obligations
pursuant to element (J) applicable in or
to Texas, and this sub-element is
therefore not being addressed in this
action. For this reason, unlike prong 4,
EPA does not intend to take action at a
later time addressing this sub-element of
element (J) for Texas in the context of
infrastructure SIP requirements for the
2015 ozone NAAQS.
The lack of newly applicable
obligations is not an exemption from
meeting visibility requirements of the
CAA. In fact, EPA, Texas, and other
stakeholders have been engaged in a
series of ongoing actions, rulemakings,
and litigation related to the State’s
visibility obligations for the first
regional haze planning period under
subpart P. See generally EPA’s
Fourteenth Status Report on Remand,
Texas v. EPA, No. 16–60118 (5th Cir.
May 30, 2019) (briefly summarizing
recent history of actions related to
regional haze in Texas).2 Furthermore,
Texas and other states are in the process
of developing SIPs for the second
planning period, which are due to EPA
July 31, 2021. See Final Rule, Protection
of Visibility: Amendments to
Requirements for State Plans (82 FR
3078, January 10, 2017). It is wholly
appropriate for EPA to apply the 2013
Guidance here to conclude that in the
absence of any new visibility obligations
occasioned by the 2015 ozone NAAQS,
Texas’ infrastructure SIP need not
address pre-existing visibility
obligations already being addressed in
those separate, ongoing actions.
Commenter also generally questions
EPA’s guidance that some elements in
CAA section 110(a)(2) are to be included
in infrastructure SIPs while the
visibility sub-element of element (J), are
not. EPA’s views on the appropriate
treatment of the various requirements of
section 110(a)(2) are generally set out in
the 2013 Guidance cited above. EPA has
explained above the basis for its
treatment of the prong 4 and the
visibility sub-element of element (J) in
this action, which is consistent with the
Guidance as well as the facts and
circumstances related to this revised
NAAQS for Texas.
Comment: Commenter states that EPA
must conduct a more detailed financial
accounting of the State’s finances and
staffing needs. Commenter states that
EPA cannot take the State’s word and
the onus should not be on the public to
disprove the State’s statements on
financial security or staffing
requirements. Commenter states that
EPA is responsible for determining
whether the State has the necessary
staffing and funding to implement the
SIP under section 110(a)(2)(E) and (L).
Response: We disagree with
Commenter that EPA must conduct a
more detailed accounting of the State’s
finances and staffing needs. Section
110(a)(2) does not require a specific
quantitative metric or methodology for
determining adequate resources. CAA
section 110(a)(2)(E) requires that the
state provide necessary assurances that
it will have adequate funding under
state law to carry out the SIP. As
described in our TSD, to address
adequate funding, the Texas statute
charges the TCEQ with preparing and
developing the SIP and provides the
agency with ‘‘[. . .] powers necessary or
convenient to carry out its
responsibilities’’ (see Texas Health and
Safety Code (THSC) Title 5, Subtitle C,
Chapter 382). To address funding, the
Texas statute provides that ‘‘[t]he
commission shall request the
appropriation of sufficient money to
safeguard the air resources of the state’’
(see THSC 382.0622). As cited in our
TSD, these State statute-assured funds
are supplemented by Federal funds,
including CAA section 103 and section
105 grants. Consequently, there are
additional monetary sources which
contribute to Texas’ ability to provide
adequate personnel and funding to
implement the SIP for the 2015 ozone
NAAQS.
Section 110(a)(2)(L) requires SIPs to
require each major stationary source to
pay permitting fees to cover the cost of
reviewing, approving, implementing
and enforcing a permit. As described in
our TSD, Texas statute provides TCEQ
the authority to collect fees for
applications, permits, and inspections
(see THSC section 382.062) and thus
receives fees for such, as well as for
penalties and interest on fees owed.
Texas requires that applicable sources
meet the requirements in 30 TAC 116,
Subchapter B, which includes permit
fees and establishes the fee schedule for
permits by rule (see 30 TAC 106,
Subchapter B, Section 106.50, approved
into the Texas SIP at 74 FR 11851,
March 20, 2009). State rules that address
determination and payment of fees,
prevention of significant deterioration
(PSD) permit fees, renewal application
fees, and fees for standard and flexible
permits are approved in the Texas SIP
(see 74 FR 11851 and 80 FR 42729, July
20, 2015). State rules that address fees
for electric generating facilities (see 76
FR 1525, January 11, 2011), small
business stationary source permits,
pipeline facility permits, and existing
facility permits are also approved in the
Texas SIP (see 79 FR 577, January 6,
2014). In addition, Texas statute
provides TCEQ authority to collect fees
for vehicle inspection and maintenance
programs in several nonattainment areas
and in the Austin area (see THSC
sections 382.202 and 382.302) and these
rules are approved in the Texas SIP (see
70 FR 45542, August 8, 2005 and 81 FR
69684, October 7, 2016).
Finally, Commenter provides no
evidence to support their concerns
regarding the State’s submittal
addressing CAA sections 110(a)(2)(E)
and (L). As described in our proposal,
TSD, and previously in this response,
the EPA’s evaluation and approval of
adequate resources for Texas are based
upon various sources of funding, state
statutes and rules pursuant to section
110(a)(2). We do not understand
Commenter’s concern regarding the
State’s ‘‘statements on financial security
or staffing requirements’’ since such
documentation was neither required nor
submitted.
III. Final Action
We are approving the August 17, 2018
Texas i-SIP submittal for the 2015 ozone
NAAQS in its entirety. We are also
approving the portion of the August 17,
2018 Texas Transport submittal for the
2015 ozone NAAQS that addresses CAA
section 110(a)(2)(D)(i), pertaining to the
prevention of significant deterioration
in other states for ozone, and CAA
section 110(a)(2)(D)(ii). Our final action
on the specified CAA section 110(a)(2)
elements is detailed in Table 1, shown
below.
2 Status Report is posted in the docket for this
rulemaking.
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TABLE 1—FINAL ACTION ON TEXAS INFRASTRUCTURE AND TRANSPORT SIP SUBMITTALS FOR THE 2015 OZONE NAAQS
Element
Final action
(A): Emission limits and other control measures ................................................................................................................................
(B): Ambient air quality monitoring and data system ..........................................................................................................................
(C)(i): Enforcement of SIP measures ..................................................................................................................................................
(C)(ii):PSD program for major sources and major modifications ........................................................................................................
(C)(iii): Permitting program for minor sources and minor modifications .............................................................................................
(D)(i)(I): Contribute to nonattainment/interfere with maintenance of NAAQS (sub-elements 1 and 2) ..............................................
(D)(i)(II): PSD (sub-element 3) ............................................................................................................................................................
(D)(i)(II): Visibility protection (sub-element 4) ......................................................................................................................................
(D)(ii): Interstate and international pollution abatement ......................................................................................................................
(E)(i): Adequate resources ..................................................................................................................................................................
(E)(ii): State boards .............................................................................................................................................................................
(E)(iii): Necessary assurances with respect to local agencies ............................................................................................................
(F): Stationary source monitoring system ...........................................................................................................................................
(G): Emergency power ........................................................................................................................................................................
(H): Future SIP revisions .....................................................................................................................................................................
(I): Nonattainment area plan or plan revisions under part D ..............................................................................................................
(J)(i): Consultation with government officials ......................................................................................................................................
(J)(ii): Public notification ......................................................................................................................................................................
(J)(iii): PSD ..........................................................................................................................................................................................
(J)(iv): Visibility protection ....................................................................................................................................................................
(K): Air quality modeling and data .......................................................................................................................................................
(L): Permitting fees ..............................................................................................................................................................................
(M): Consultation and participation by affected local entities .............................................................................................................
A
A
A
A
A
SA
A
SA
A
A
A
A
A
A
A
+
A
A
A
+
A
A
A
Key to Table: A: Approved; +: Not germane to infrastructure SIPs; SA: EPA to address this infrastructure requirement in a separate rulemaking
action.
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IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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 Clean Air
Act. 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, described in
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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
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Sfmt 4700
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 November 22,
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, Incorporation by
reference, Ozone.
E:\FR\FM\23SER1.SGM
23SER1
Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations
Dated: September 16, 2019.
David Gray,
Acting Regional Administrator, Region 6.
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
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:
■
for the 2015 Ozone NAAQS’’ at the end
of the table to reads as follows:
§ 52.2270
2. In § 52.2270, the second table in
paragraph (e), titled ‘‘EPA Approved
Nonregulatory Provisions and QuasiRegulatory Measures in the Texas SIP,’’
is amended by adding the entry
‘‘Infrastructure and Interstate Transport
■
49667
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
Applicable geographic
or nonattainment area
*
Infrastructure and Interstate Transport for the
2015 Ozone NAAQS.
*
*
Statewide .....................
[FR Doc. 2019–20314 Filed 9–20–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0730; FRL–9999–75–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Removal of Stage II
Gasoline Vapor Recovery Program
Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the State of Maryland.
This SIP revision removes requirements
for gasoline vapor recovery equipment
(also known as Stage II vapor recovery)
on fuel dispensers at both new and
upgrading gasoline dispensing facilities
(GDFs) in Stage II subject areas of
Maryland and also allows for
decommissioning of Stage II equipment
at existing stations currently equipped
with Stage II equipment. GDF owners
may elect to retain existing Stage II
equipment, but in doing so remain
subject to Stage II requirements and
must continue to test and maintain
Stage II equipment in accordance with
program requirements. EPA determined
that Maryland’s August 25, 2017 SIP
revision is approvable in accordance
jbell on DSK3GLQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:27 Sep 20, 2019
Jkt 247001
State
submittal/
effective
date
8/17/2018
EPA approval date
Comments
*
*
9/23/2019, [Insert Federal Register citation].
*
*
Approval for CAA elements 110(a)(2)(A), (B),
(C), (D)(i)(II) (portion pertaining to PSD),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
with the requirements of the Clean Air
Act (CAA).
DATES: This final rule is effective on
October 23, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0730. 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 (CBI) 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Brian Rehn, Planning & Implementation
Branch (3AD30), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2176.
Mr. Rehn can also be reached via
electronic mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 12, 2019 (84 FR 3369),
EPA published a notice of proposed
rulemaking (NPRM) for the State of
Maryland. In the NPRM, EPA proposed
approval of Maryland’s request to
remove requirements for new and
modified Stage II equipment in the
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
Stage II subject areas of the State, while
allowing the option to decommission
Stage II equipment at subject GDFs that
do not yet wish to decommission Stage
II equipment. This SIP revision applies
to GDFs in the Baltimore area, the
Maryland portion of the PhiladelphiaWilmington-Trenton, PA-NJ-DE-MD
area and the Maryland portion of the
Washington, DC-MD-VA area. The
formal SIP revision being approved
[Maryland SIP Revision #17–05] was
submitted by the Maryland Department
of the Environment (MDE) as a formal
SIP revision on August 25, 2017. The
details of Maryland’s August 25, 2017
SIP submittal and the rationale for
EPA’s proposed action are explained in
the NPRM and will not be restated here.
See 84 FR 3369. That NPRM also
contained a detailed analysis showing
that Maryland’s removal of the Stage II
requirements would not interfere with
any Maryland area’s ability to attain or
maintain any NAAQS, or any other
applicable requirement of the CAA. The
public comment period for this NPRM
closed on March 14, 2019. EPA received
no public comments on the NPRM.
II. Summary of SIP Revision and EPA
Analysis
Maryland’s August 25, 2017 SIP
revision [Maryland SIP Revision #17–
05] consists of amendments and
additions by MDE to COMAR 26.11.24,
Vapor Recovery at Gasoline Dispensing
Facilities (as finalized November 13,
2015 and state effective November 23,
2015). These state amendments allow
new GDFs (and those undergoing major
modifications) in affected Stage II areas
the option to choose not to install Stage
II equipment or to decommission
E:\FR\FM\23SER1.SGM
23SER1
]]>Agencies
[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49663-49667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20314]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2018-0673; FRL-9999-17-Region 6]
Air Plan Approval; Texas; Infrastructure for the 2015 Ozone
National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving elements of two
State Implementation Plan (SIP) submissions from the State of Texas for
the 2015 Ozone National Ambient Air Quality Standard (NAAQS). These
submittals address how the existing SIP provides for implementation,
maintenance, and enforcement of the 2015 ozone NAAQS (infrastructure
SIP or i-SIP).
DATES: This rule is effective on October 23, 2019.
[[Page 49664]]
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2018-0673. 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 Office, 1201 Elm Street, Suite 500,
Dallas, Texas 75270.
FOR FURTHER INFORMATION CONTACT: Carrie Paige, EPA Region 6 Office,
Infrastructure & Ozone Section, 1201 Elm Street, Suite 500, Dallas, TX
75270, 214-665-6521, [email protected]. To inspect the hard copy
materials, please schedule an appointment with Ms. Paige or Mr. Bill
Deese at 214-665-7253.
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 April
30, 2019 proposal (84 FR 18186). In that document we proposed to
approve the August 17, 2018 i-SIP submittal from the Texas Commission
on Environmental Quality (TCEQ) for the 2015 ozone NAAQS in its
entirety. We also proposed to approve the portions of the August 17,
2018 Transport submittal from the TCEQ for the 2015 ozone NAAQS that
address CAA section 110(a)(2)(D)(i), pertaining to the prevention of
significant deterioration in other states for ozone (sub-element 3 or
prong 3), and CAA section 110(a)(2)(D)(ii). Our proposal did not
evaluate the portions of the August 17, 2018 Transport submittal from
the TCEQ for the 2015 ozone NAAQS that address sub-elements (prongs) 1,
2, and 4 of CAA section 110(a)(2)(D)(i), but stated that we would
address such in a separate action.
We received one comment in support of our proposal and one relevant
adverse comment. The comments are posted in the docket for this action.
Our responses to the comments are provided below.
II. Response to Comments
Comment: The TCEQ submitted a comment in support of EPA's proposed
determination that the Texas SIP meets the infrastructure requirements
for the 2015 ozone NAAQS as proposed, and reiterated that prongs 1, 2,
and 4 of CAA section 110(a)(2)(D)(i) will be addressed by the EPA in a
separate rulemaking.
Response: We acknowledge the TCEQ's support of our proposed action.
We received one adverse, relevant comment letter from an anonymous
source (``Commenter''). We are separating the comments and our
responses to each below:
Comment: Commenter asks how the visibility portion of CAA section
110(a)(2)(J) ``can be approved'' if Texas's visibility portion of CAA
section 110(a)(2)(D)(i)(II) (prong 4) ``cannot be approved.'' Commenter
also states that EPA must take consistent action on both visibility
elements and either approve or disapprove both. Commenter states that
EPA cannot take later separate action on one and state that no new
requirements are applicable in element (J) when there is a new or
revised NAAQS. Commenter questions why states must submit
infrastructure SIPs if a new or revised NAAQS requires no new
visibility obligations triggered under CAA section 110(a)(2)(J) and,
for all other elements, potentially excluding elements (A), (B), (C),
and (D)(i)(I), no additional requirements or obligations are placed on
states. The commenter asks that if states must revise their SIP for
elements (E) through (M), and potentially (A) through (D)(i)(I), why
would visibility requirements of element (J) be exempt from this
process. The commenter states that EPA must require Texas to address
the visibility portion of element (J) unless EPA is willing to exempt
other elements from section 110(a)(2) from the need to revise their
SIPs under the Infrastructure requirements.
Response: In this action, EPA has explained that it is not
evaluating and will address in a separate action requirements for Texas
under the 2015 ozone NAAQS related to ``prong 4,'' CAA section
110(a)(2)(D)(i)(II)), which generally requires a SIP to contain
adequate provisions prohibiting emissions within the state from
``interfering with measures required to be in the applicable
implementation plan for any other State under part C of this subchapter
. . . to protect visibility.'' See Infrastructure SIP Guidance 32-35
(providing guidance on how states may satisfy their prong 4
obligations).\1\ EPA considers prong 4 to be ``pollutant-specific,''
such that an infrastructure SIP submission need only address the
potential for interference with protection of visibility based on the
pollutant (including precursors) to which the new or revised NAAQS
applies. See id. at 33. Oxides of nitrogen are ozone precursors subject
to the revised 2015 ozone NAAQS and they are also visibility-impairing
pollutants. Therefore, EPA acknowledges that we will need to assess
prong 4 as related to oxides of nitrogen in the Texas August 17, 2018
Transport SIP submittal for the 2015 ozone NAAQS. However, as EPA makes
clear, we are not addressing prong 4 in this action.
---------------------------------------------------------------------------
\1\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act sections 110(a)(1) and 110(a)(2),''
Memorandum from Stephen D. Page, September 13, 2013. Such Guidance
is posted in the docket for this rulemaking and also at https://www.epa.gov/ground-level-ozone-pollution/infrastructure-state-implementation-plan-sip-requirements-and-guidance.
---------------------------------------------------------------------------
We disagree with Commenter that EPA cannot take separate action on
CAA section 110(a)(2)(D)(i)(II) prong 4. EPA interprets its authority
under CAA section 110(k) as affording the Agency the discretion to
approve, disapprove, or conditionally approve, individual elements of
the Texas infrastructure and Transport submissions for the 2015 ozone
NAAQS. EPA views discrete infrastructure SIP requirements, such as the
requirements of 110(a)(2)(D)(i)(I) and (II), as severable from other
infrastructure SIP elements and interprets section 110(k) as allowing
it to act on individual severable elements or requirements in a SIP
submission. In short, EPA has the discretion under CAA section 110(k)
to act upon the various individual elements of a state's infrastructure
SIP submission, separately or together, as appropriate. As stated in
the proposal and earlier in this final action, EPA will address the
remaining sub-elements (prongs 1, 2, and 4) of CAA section
110(a)(2)(D)(i) in a separate rulemaking action or actions.
Section 110(a)(2) (J)'s visibility requirements need not be
addressed in this i-SIP because a state's requirements relating to
visibility protection are not affected when EPA establishes or revises
a NAAQS. The visibility sub-element of element (J), CAA section
110(a)(2)(J) is different than for prong 4; the revised NAAQS here does
not give rise to additional visibility obligations that would be
appropriate to address in an infrastructure SIP. Under 40 CFR part 51
subpart P, implementing the visibility requirements of CAA title I,
part C, states are subject to requirements for reasonably attributable
visibility impairment, new source review for possible impacts on air
quality related values in Class I areas, and regional haze planning.
These include timeframes for SIP submittals related to
[[Page 49665]]
visibility requirements. See, e.g., 40 CFR 51.308(b) (establishing a
deadline for initial SIPs to meet regional haze requirements of
December 17, 2007). Our proposed action contains the relevant language
regarding the visibility sub-element of element (J), and our rationale
is not changing from the proposed action to this final action. As EPA
recognized in the 2013 Infrastructure SIP Guidance, generally speaking,
when the EPA establishes or revises a NAAQS, the visibility
requirements under part C of title I of the CAA do not change. See
Guidance at 54-55. There are no new visibility protection requirements
under part C as a result of the revised NAAQS here. Therefore, there
are no newly applicable visibility protection obligations pursuant to
element (J) applicable in or to Texas, and this sub-element is
therefore not being addressed in this action. For this reason, unlike
prong 4, EPA does not intend to take action at a later time addressing
this sub-element of element (J) for Texas in the context of
infrastructure SIP requirements for the 2015 ozone NAAQS.
The lack of newly applicable obligations is not an exemption from
meeting visibility requirements of the CAA. In fact, EPA, Texas, and
other stakeholders have been engaged in a series of ongoing actions,
rulemakings, and litigation related to the State's visibility
obligations for the first regional haze planning period under subpart
P. See generally EPA's Fourteenth Status Report on Remand, Texas v.
EPA, No. 16-60118 (5th Cir. May 30, 2019) (briefly summarizing recent
history of actions related to regional haze in Texas).\2\ Furthermore,
Texas and other states are in the process of developing SIPs for the
second planning period, which are due to EPA July 31, 2021. See Final
Rule, Protection of Visibility: Amendments to Requirements for State
Plans (82 FR 3078, January 10, 2017). It is wholly appropriate for EPA
to apply the 2013 Guidance here to conclude that in the absence of any
new visibility obligations occasioned by the 2015 ozone NAAQS, Texas'
infrastructure SIP need not address pre-existing visibility obligations
already being addressed in those separate, ongoing actions.
---------------------------------------------------------------------------
\2\ Status Report is posted in the docket for this rulemaking.
---------------------------------------------------------------------------
Commenter also generally questions EPA's guidance that some
elements in CAA section 110(a)(2) are to be included in infrastructure
SIPs while the visibility sub-element of element (J), are not. EPA's
views on the appropriate treatment of the various requirements of
section 110(a)(2) are generally set out in the 2013 Guidance cited
above. EPA has explained above the basis for its treatment of the prong
4 and the visibility sub-element of element (J) in this action, which
is consistent with the Guidance as well as the facts and circumstances
related to this revised NAAQS for Texas.
Comment: Commenter states that EPA must conduct a more detailed
financial accounting of the State's finances and staffing needs.
Commenter states that EPA cannot take the State's word and the onus
should not be on the public to disprove the State's statements on
financial security or staffing requirements. Commenter states that EPA
is responsible for determining whether the State has the necessary
staffing and funding to implement the SIP under section 110(a)(2)(E)
and (L).
Response: We disagree with Commenter that EPA must conduct a more
detailed accounting of the State's finances and staffing needs. Section
110(a)(2) does not require a specific quantitative metric or
methodology for determining adequate resources. CAA section
110(a)(2)(E) requires that the state provide necessary assurances that
it will have adequate funding under state law to carry out the SIP. As
described in our TSD, to address adequate funding, the Texas statute
charges the TCEQ with preparing and developing the SIP and provides the
agency with ``[. . .] powers necessary or convenient to carry out its
responsibilities'' (see Texas Health and Safety Code (THSC) Title 5,
Subtitle C, Chapter 382). To address funding, the Texas statute
provides that ``[t]he commission shall request the appropriation of
sufficient money to safeguard the air resources of the state'' (see
THSC 382.0622). As cited in our TSD, these State statute-assured funds
are supplemented by Federal funds, including CAA section 103 and
section 105 grants. Consequently, there are additional monetary sources
which contribute to Texas' ability to provide adequate personnel and
funding to implement the SIP for the 2015 ozone NAAQS.
Section 110(a)(2)(L) requires SIPs to require each major stationary
source to pay permitting fees to cover the cost of reviewing,
approving, implementing and enforcing a permit. As described in our
TSD, Texas statute provides TCEQ the authority to collect fees for
applications, permits, and inspections (see THSC section 382.062) and
thus receives fees for such, as well as for penalties and interest on
fees owed. Texas requires that applicable sources meet the requirements
in 30 TAC 116, Subchapter B, which includes permit fees and establishes
the fee schedule for permits by rule (see 30 TAC 106, Subchapter B,
Section 106.50, approved into the Texas SIP at 74 FR 11851, March 20,
2009). State rules that address determination and payment of fees,
prevention of significant deterioration (PSD) permit fees, renewal
application fees, and fees for standard and flexible permits are
approved in the Texas SIP (see 74 FR 11851 and 80 FR 42729, July 20,
2015). State rules that address fees for electric generating facilities
(see 76 FR 1525, January 11, 2011), small business stationary source
permits, pipeline facility permits, and existing facility permits are
also approved in the Texas SIP (see 79 FR 577, January 6, 2014). In
addition, Texas statute provides TCEQ authority to collect fees for
vehicle inspection and maintenance programs in several nonattainment
areas and in the Austin area (see THSC sections 382.202 and 382.302)
and these rules are approved in the Texas SIP (see 70 FR 45542, August
8, 2005 and 81 FR 69684, October 7, 2016).
Finally, Commenter provides no evidence to support their concerns
regarding the State's submittal addressing CAA sections 110(a)(2)(E)
and (L). As described in our proposal, TSD, and previously in this
response, the EPA's evaluation and approval of adequate resources for
Texas are based upon various sources of funding, state statutes and
rules pursuant to section 110(a)(2). We do not understand Commenter's
concern regarding the State's ``statements on financial security or
staffing requirements'' since such documentation was neither required
nor submitted.
III. Final Action
We are approving the August 17, 2018 Texas i-SIP submittal for the
2015 ozone NAAQS in its entirety. We are also approving the portion of
the August 17, 2018 Texas Transport submittal for the 2015 ozone NAAQS
that addresses CAA section 110(a)(2)(D)(i), pertaining to the
prevention of significant deterioration in other states for ozone, and
CAA section 110(a)(2)(D)(ii). Our final action on the specified CAA
section 110(a)(2) elements is detailed in Table 1, shown below.
[[Page 49666]]
Table 1--Final Action on Texas Infrastructure and Transport SIP
Submittals for the 2015 Ozone NAAQS
------------------------------------------------------------------------
Element Final action
------------------------------------------------------------------------
(A): Emission limits and other control measures........ A
(B): Ambient air quality monitoring and data system.... A
(C)(i): Enforcement of SIP measures.................... A
(C)(ii):PSD program for major sources and major A
modifications.........................................
(C)(iii): Permitting program for minor sources and A
minor modifications...................................
(D)(i)(I): Contribute to nonattainment/interfere with SA
maintenance of NAAQS (sub-elements 1 and 2)...........
(D)(i)(II): PSD (sub-element 3)........................ A
(D)(i)(II): Visibility protection (sub-element 4)...... SA
(D)(ii): Interstate and international pollution A
abatement.............................................
(E)(i): Adequate resources............................. A
(E)(ii): State boards.................................. A
(E)(iii): Necessary assurances with respect to local A
agencies..............................................
(F): Stationary source monitoring system............... A
(G): Emergency power................................... A
(H): Future SIP revisions.............................. A
(I): Nonattainment area plan or plan revisions under +
part D................................................
(J)(i): Consultation with government officials......... A
(J)(ii): Public notification........................... A
(J)(iii): PSD.......................................... A
(J)(iv): Visibility protection......................... +
(K): Air quality modeling and data..................... A
(L): Permitting fees................................... A
(M): Consultation and participation by affected local A
entities..............................................
------------------------------------------------------------------------
Key to Table: A: Approved; +: Not germane to infrastructure SIPs; SA:
EPA to address this infrastructure requirement in a separate
rulemaking action.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 Clean Air Act.
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, 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. 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 November 22, 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, Incorporation by
reference, Ozone.
[[Page 49667]]
Dated: September 16, 2019.
David Gray,
Acting 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, the second table in paragraph (e), titled ``EPA
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the
Texas SIP,'' is amended by adding the entry ``Infrastructure and
Interstate Transport for the 2015 Ozone NAAQS'' at the end of the table
to reads as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal/ EPA approval date Comments
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure and Interstate Statewide......... 8/17/2018 9/23/2019, [Insert Approval for CAA
Transport for the 2015 Ozone Federal Register elements 110(a)(2)(A),
NAAQS. citation]. (B), (C), (D)(i)(II)
(portion pertaining to
PSD), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-20314 Filed 9-20-19; 8:45 am]
BILLING CODE 6560-50-P
