80 FR 11321 - Approval and Promulgation of Implementation Plans: Texas; Approval of Substitution for Transportation Control Measures
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 41 (March 3, 2015)
Federal Register Volume 80, Issue 41 (March 3, 2015)
| Page Range | 11321-11323 | |
| FR Document | 2015-04269 |
[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)] [Rules and Regulations] [Pages 11321-11323] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04269] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2014-0871; FRL-9923-80-Region 6] Approval and Promulgation of Implementation Plans: Texas; Approval of Substitution for Transportation Control Measures AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; notice of administrative change. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is making an administrative change to update the Code of Federal Regulations (CFR) to reflect a change made to the Texas State Implementation Plan (SIP) on November 3, 2014, as a result of EPA's concurrence on a substitute transportation control measure (TCM) for the Dallas/Ft. Worth (DFW) portion of the Texas SIP. On November 24, 2014, the State of Texas, through the Texas Commission on Environmental Quality (TCEQ), submitted a revision to the Texas SIP [[Page 11322]] requesting that EPA update its SIP to reflect a substitution of a TCM. The substitution was made pursuant to the TCM substitution provisions contained in Clean Air Act (CAA). EPA concurred on this substitution on November 3, 2014. In this administrative action, EPA is updating the non-regulatory provisions of the Texas SIP to reflect the substitution. In summary, the substitution was a replacement of environmental speed limits (ESLs) within the DFW 8-hour ozone nonattainment area with traffic signalization projects. EPA has determined that this action falls under the ``good cause'' exemption in the Administrative Procedures Act (APA) which, upon finding ``good cause,'' authorizes an agency to make an action effective immediately, thereby avoiding the 30-day delayed effective date otherwise provided for in the APA. DATES: This action is effective March 3, 2015. ADDRESSES: SIP materials which are incorporated by reference into 40 Code of Federal Regulations (CFR) part 52 are available for inspection at the following location: Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, TX 75202. Publicly available materials are available either electronically in www.regulations.gov or in hard copy at the Region 6 office. The Regional Office hours are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Riley at (214) 665-8542 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: On November 3, 2014, EPA issued a concurrence letter to TCEQ stating that the substitution of DFW area ESL TCMs with traffic signalization project TCMs met the CAA section 176(c)(8) requirements for substituting TCMs in an area's approved SIP. See also EPA's Guidance for Implementing the CAA section 176(c)(8) Transportation Control Measure Substitution and Addition Provision contained in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users which was signed into law on August 10, 2005, dated January 2009. The DFW area ESLs were originally approved into the SIP as control measures on October 11, 2005 (70 FR 58978). On January 9, 2014, EPA approved re-categorization of the DFW area ESL control measures to TCMs, making the measures eligible for substitution under the provisions of CAA section 176(c)(8) (79 FR 1596). As a part of the concurrence process, the public was provided an opportunity to comment on the proposed TCM substitution. Public notice and comment was provided by the DFW metropolitan planning organization, the North Central Texas Council of Governments (NCTCOG), during Regional Transportation Council meetings held on July 14, 2014 and July 17, 2014. Public notice for these meetings was published in 20 DFW area newspapers and circulars. Through this concurrence process, EPA determined that the requirements of CAA section 176(c)(8) were met, including the requirement that the substitute measures achieve equivalent or greater emission reductions than the control measure to be replaced. Upon EPA's concurrence, the ESL substitution took effect as a matter of federal law. A copy of EPA's concurrence letter is included in the Docket for this action. This letter can be accessed at www.regulations.gov using Docket ID No. EPA-R06-OAR-2014-0871. In accordance with the requirements for TCM substitution, on November 24, 2014, TCEQ submitted a request for EPA to update the DFW portion of the Texas SIP to reflect EPA's previous approval of the TCM substitution of the ESLs with the traffic signalization project TCMs in its SIP (the subject of this administrative change). Today, EPA is taking administrative action to update the non-regulatory provisions of the Texas SIP in 40 CFR 52.2270(e) to reflect EPA's concurrence on the substitution of a TCM for the conversion of ESLs to traffic signalization projects: ------------------------------------------------------------------------ Applicable Name of nonregulatory SIP geographic or State submittal date/ provision nonattainment effective date area ------------------------------------------------------------------------ DFW nine-county area ESL TCMs Dallas-Fort Worth 9/16/2010 to traffic signalization TCMs. Affected counties are Dallas, Tarrant, Collin, Denton, Parker, Johnson, Ellis, Kaufman, Rockwall. ------------------------------------------------------------------------ Under section 553 of the APA, an agency may find good cause where procedures are ``impractical, unnecessary, or contrary to the public interest.'' The substitution was made through the process included in CAA section 176(c)(8). Effective immediately, today's action codifies provisions which are already in effect. The public had an opportunity to comment on this substitution during the public comment period prior to approval of the substitution. Immediate notice of this action in the Federal Register benefits the public by providing the updated Texas SIP Compilation and ``Identification of Plan'' portion of the Federal Register. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this administrative action is not a ``significant regulatory action'' and is therefore not subject to review by the Office of Management and Budget. This action is not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. Because the Agency has made a ``good cause'' finding that this action is not subject to notice-and-comment requirements under the APA or any other statute as indicated in the Supplementary Information section above, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. This administrative action also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the federal government and Indian tribes, or on the distribution of power and responsibilities between the federal government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). [[Page 11323]] This administrative action also is not subject to Executive Order 13045 (62 FR19885, April 23, 1997), because it is not economically significant. This administrative action does not involve technical standards; thus the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. The administrative action also does not involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). This administrative action does not impose an information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). B. Submission to Congress and the Comptroller General The Congressional Review Act (CRA) (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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. Today's administrative action simply codifies a provision which is already in effect as a matter of law in Federal and approved state programs. 5 U.S.C. 808(2). These announced actions were effective upon EPA's concurrence. 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 this action in the Federal Register. This update to Texas' SIP Compilation is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Volatile organic compounds. Dated: February 19, 2015. Ron Curry, Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52--[AMENDED] 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 table titled ``EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP'' is amended by adding an entry at the end for ``DFW nine-county area ESL TCM to traffic signalization TCMs''. The addition reads as follows: Sec. 52.2270 Identification of plan. * * * * * (e) * * * EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP -------------------------------------------------------------------------------------------------------------------------------------------------------- State Name of SIP provision Applicable geographic or submittal/ EPA approval date Comments nonattainment area effective date -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * DFW nine-county area ESL TCM to Dallas-Fort Worth: 9/16/2010 1/9/2014, 79 FR 1596....................... DFW ESLs recategorized traffic signalization TCMs. Dallas, Tarrant, Collin, as TCM 1/9/2014, Denton, Parker, Johnson, substituted withtraffic Ellis, Kaufman and signalization TCMs 11/3/ Rockwall Counties. 2014. -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-04269 Filed 3-2-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 11321
The authority citation for these a major or more severe failure condition, circuit or other unintentional impact
special conditions is as follows: in accordance with § 25.1309(b) and damage caused by dropping or other
Authority: 49 U.S.C. 106(g), 40113, 44701, applicable regulatory guidance. destructive means that could result in
44702, 44704. 6. Each rechargeable lithium battery personal injury or property damage.
installation must have provisions to Note 1: The term ‘‘sufficiently
The Special Conditions prevent any hazardous effect on charged’’ means that the battery will
Accordingly, pursuant to the structure or essential systems caused by retain enough of a charge, expressed in
authority delegated to me by the the maximum amount of heat the ampere-hours, to ensure that the battery
Administrator, the following special battery can generate during a short cells will not be damaged. A battery cell
conditions are issued as part of the type circuit of the battery or of its individual may be damaged by lowering the charge
certification basis for Cessna, Model cells. below a point where the battery
650, Citation VII airplanes modified by 7. Rechargeable lithium battery experiences a reduction in the ability to
Universal Avionics Systems installations must have a system to charge and retain a full charge. This
Corporation. control the charging rate of the battery reduction would be greater than the
automatically, so as to prevent battery reduction that may result from normal
Installed Rechargeable Lithium Batteries overheating or overcharging, and:
and Battery Systems. operational degradation.
a. A battery temperature sensing and Note 2: These special conditions are
These special conditions require that over-temperature warning system with a not intended to replace § 25.1353(b) in
(1) all characteristics of the rechargeable means for automatically disconnecting the certification basis of Cessna, Model
lithium batteries and battery installation the battery from its charging source in 650, Citation VII airplanes. These
that could affect safe operation of the the event of an over-temperature special conditions apply only to
Cessna, Model 650, Citation VII condition, or, rechargeable lithium batteries, lithium
airplanes are addressed; and (2) b. A battery failure sensing and
battery systems, and their installations.
appropriate instructions for continued warning system with a means for
The requirements of § 25.1353(b) remain
airworthiness, which include automatically disconnecting the battery
in effect for batteries and battery
maintenance requirements, are from its charging source in the event of
installations on Cessna, Model 650,
established to ensure the availability of battery failure.
8. Any rechargeable lithium battery Citation VII airplanes that do not use
electrical power, when needed, from the lithium batteries.
batteries. installation, the function of which is
In lieu of the requirements of Title 14, required for safe operation of the Issued in Renton, Washington, on February
Code of Federal Regulations (14 CFR) airplane, must incorporate a monitoring 23, 2015.
25.1353(b)(1) through (b)(4) at and warning feature that will provide an Michael Kaszycki,
amendment 25–123, all rechargeable indication to the appropriate flight Acting Manager, Transport Airplane
lithium batteries and battery systems on crewmembers whenever the state-of- Directorate, Aircraft Certification Service.
Cessna, Model 650, Citation VII charge of the batteries has fallen below [FR Doc. 2015–04366 Filed 3–2–15; 8:45 am]
airplanes, modified by Universal levels considered acceptable for BILLING CODE 4910–13–P
Avionics Systems Corporation, must be dispatch of the airplane.
designed and installed as follows: 9. The instructions for continued
1. Safe cell temperatures and airworthiness required by § 25.1529
ENVIRONMENTAL PROTECTION
pressures must be maintained during must contain maintenance requirements
AGENCY
any foreseeable charging or discharging to assure that the battery is sufficiently
condition and during any failure of the charged at appropriate intervals 40 CFR Part 52
charging or battery monitoring system specified by the battery manufacturer
and the equipment manufacturer that [EPA–R06–OAR–2014–0871; FRL–9923–80–
not shown to be extremely remote. The Region 6]
rechargeable lithium battery installation contain the rechargeable lithium battery
must preclude explosion in the event of or rechargeable lithium battery system.
Approval and Promulgation of
those failures. This is required to ensure that lithium
Implementation Plans: Texas;
2. Design of the rechargeable lithium rechargeable batteries and lithium
Approval of Substitution for
batteries must preclude the occurrence rechargeable battery systems will not
Transportation Control Measures
of self-sustaining, uncontrolled degrade below specified ampere-hour
increases in temperature or pressure. levels sufficient to power the airplane AGENCY: Environmental Protection
3. No explosive or toxic gases emitted systems for intended applications. The Agency (EPA).
by any rechargeable lithium battery in instructions for continued airworthiness ACTION: Final rule; notice of
normal operation, or as the result of any must also contain procedures for the administrative change.
failure of the battery charging system, maintenance of batteries in spares
monitoring system, or battery storage to prevent the replacement of SUMMARY: The Environmental Protection
installation which is not shown to be batteries with batteries that have Agency (EPA) is making an
extremely remote, may accumulate in experienced degraded charge retention administrative change to update the
hazardous quantities within the ability or other damage due to Code of Federal Regulations (CFR) to
airplane. prolonged storage at a low state of reflect a change made to the Texas State
4. Installations of rechargeable charge. Replacement batteries must be Implementation Plan (SIP) on November
lithium batteries must meet the of the same manufacturer and part 3, 2014, as a result of EPA’s concurrence
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requirements of § 25.863(a) through (d). number as approved by the FAA. on a substitute transportation control
5. No corrosive fluids or gases that Precautions should be included in the measure (TCM) for the Dallas/Ft. Worth
may escape from any rechargeable instructions for continued airworthiness (DFW) portion of the Texas SIP. On
lithium battery may damage maintenance instructions to prevent November 24, 2014, the State of Texas,
surrounding structure or any adjacent mishandling of the rechargeable lithium through the Texas Commission on
systems, equipment, or electrical wiring battery and rechargeable lithium battery Environmental Quality (TCEQ),
of the airplane in such a way as to cause systems, which could result in short- submitted a revision to the Texas SIP
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![Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 11323
This administrative action also is not copy of the rule, to each House of the reference, Nitrogen dioxide, Ozone,
subject to Executive Order 13045 (62 Congress and to the Comptroller General Volatile organic compounds.
FR19885, April 23, 1997), because it is of the United States. Section 808 allows Dated: February 19, 2015.
not economically significant. This the issuing agency to make a rule Ron Curry,
administrative action does not involve effective sooner than otherwise Regional Administrator, Region 6.
technical standards; thus the provided by the CRA if the agency
requirements of section 12(d) of the makes a good cause finding that notice 40 CFR part 52 is amended as follows:
National Technology Transfer and and public procedure is impracticable,
Advancement Act of 1995 (15 U.S.C. unnecessary or contrary to the public PART 52—[AMENDED]
272 note) do not apply. The interest. Today’s administrative action
administrative action also does not simply codifies a provision which is ■ 1. The authority citation for part 52
involve special consideration of already in effect as a matter of law in continues to read as follows:
environmental justice related issues as Federal and approved state programs. 5 Authority: 42 U.S.C. 7401 et seq.
required by Executive Order 12898 (59 U.S.C. 808(2). These announced actions
FR 7629, February 16, 1994). This were effective upon EPA’s concurrence. Subpart SS—Texas
administrative action does not impose EPA will submit a report containing this
an information collection burden under action and other required information to ■ 2. In § 52.2270(e), the table titled
the Paperwork Reduction Act of 1995 the U.S. Senate, the U.S. House of ‘‘EPA Approved Nonregulatory
(44 U.S.C. 3501 et seq.). Representatives, and the Comptroller Provisions and Quasi-Regulatory
B. Submission to Congress and the General of the United States prior to Measures in the Texas SIP’’ is amended
Comptroller General publication of this action in the Federal by adding an entry at the end for ‘‘DFW
The Congressional Review Act (CRA) Register. This update to Texas’ SIP nine-county area ESL TCM to traffic
(5 U.S.C. 801 et seq.), as added by the Compilation is not a ‘‘major rule’’ as signalization TCMs’’.
Small Business Regulatory Enforcement defined by 5 U.S.C. 804(2). The addition reads as follows:
Fairness Act of 1996, generally provides List of Subjects in 40 CFR Part 52 § 52.2270 Identification of plan.
that before a rule may take effect, the
agency promulgating the rule must Environmental protection, Air * * * * *
submit a rule report, which includes a pollution control, Incorporation by (e) * * *
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
State
Applicable geographic or
Name of SIP provision submittal/ EPA approval date Comments
nonattainment area effective date
* * * * * * *
DFW nine-county area ESL Dallas-Fort Worth: Dallas, 9/16/2010 1/9/2014, 79 FR 1596 ........ DFW ESLs recategorized as
TCM to traffic signalization Tarrant, Collin, Denton, TCM 1/9/2014, substituted
TCMs. Parker, Johnson, Ellis, Kauf- withtraffic signalization
man and Rockwall Counties. TCMs 11/3/2014.
[FR Doc. 2015–04269 Filed 3–2–15; 8:45 am] M) Program. On August 16, 2007, and with the requirements of the Clean Air
BILLING CODE 6560–50–P December 7, 2007, the Missouri Act (CAA).
Department of Natural Resources DATES: This final rule is effective on
(MDNR) requested to amend the SIP to April 2, 2015.
ENVIRONMENTAL PROTECTION replace the St. Louis centralized vehicle
AGENCY test program, called the Gateway Clean ADDRESSES: EPA has established a
Air Program (GCAP), with a de- docket for this action under Docket ID
40 CFR Part 52 centralized, OBD-only vehicle I/M No. EPA–R07–OAR–2014–0399. All
program called the Gateway Vehicle documents in the docket are listed on
[EPA–R07–OAR–2014–0399; FRL–9923–66– the www.regulations.gov Web site.
Region 7] Inspection Program (GVIP). In this
action, EPA is also approving three Although listed in the index, some
additional SIP revisions submitted by information is not publicly available,
Air Quality State Implementation
i.e., CBI or other information whose
Plans; Approval and Promulgation: Missouri related to the state’s I/M
disclosure is restricted by statute.
Missouri; St. Louis Inspection and program including: Exemptions for
Certain other material, such as
Maintenance Program specially constructed vehicles or ‘‘kit-
copyrighted material, is not placed on
cars,’’ exemptions for Plugin Hybrid
AGENCY: Environmental Protection the Internet and will be publicly
Electric Vehicles (PHEV), and rescission
Agency. available only in hard copy form.
of Missouri State Highway Patrol rules Publicly available docket materials are
ACTION: Final rule. from the Missouri SIP.
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available either electronically through
SUMMARY: The Environmental Protection These revisions to Missouri’s SIP do www.regulations.gov or in hard copy at
Agency (EPA) is taking final action to not have an adverse effect on air quality the Environmental Protection Agency,
approve revisions to the State as demonstrated in the technical Air Planning and Development Branch,
Implementation Plan (SIP) submitted by support document which is a part of 11201 Renner Boulevard, Lenexa,
the State of Missouri relating to its this docket. EPA’s approval of these SIP Kansas 66219. The Regional Office’s
vehicle Inspection and Maintenance (I/ revisions is being done in accordance official hours of business are Monday
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Document Created: 2015-12-18 11:56:00
Document Modified: 2015-12-18 11:56:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; notice of administrative change. | |
| Dates | This action is effective March 3, 2015. | |
| Contact | Mr. Jeffrey Riley at (214) 665-8542 or via electronic mail at [email protected] | |
| FR Citation | 80 FR 11321 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone and Volatile Organic Compounds |
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