80_FR_50408 80 FR 50248 - Approval and Promulgation of Implementation Plans; Texas; El Paso Particulate Matter Contingency Measures

80 FR 50248 - Approval and Promulgation of Implementation Plans; Texas; El Paso Particulate Matter Contingency Measures

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 160 (August 19, 2015)

Page Range50248-50250
FR Document2015-20499

The Environmental Protection Agency (EPA) is proposing to approve under the Federal Clean Air Act (CAA) State Implementation Plan (SIP) revisions submitted by the State of Texas. These revisions pertain to contingency measures for particulate matter in the City of El Paso. The affected contingency measures are the paving of alleys and sweeping of streets.

Federal Register, Volume 80 Issue 160 (Wednesday, August 19, 2015)
[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Proposed Rules]
[Pages 50248-50250]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20499]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0205; FRL-9931-37-Region 6]


Approval and Promulgation of Implementation Plans; Texas; El Paso 
Particulate Matter Contingency Measures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve under the Federal Clean Air Act (CAA) State Implementation Plan 
(SIP) revisions submitted by the State of Texas. These revisions 
pertain to contingency measures for particulate matter in the City of 
El Paso. The affected contingency measures are the paving of alleys and 
sweeping of streets.

DATES: Written comments must be received on or before September 18, 
2015.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2012-0205, by one of the following methods:
     www.regulations.gov. Follow the online instructions.
     Email: Jeffrey Riley at [email protected].
     Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2012-0205. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit 
electronically any information that you consider to be CBI or other 
information whose disclosure is restricted by statute. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means that the EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through www.regulations.gov, 
your email address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, the EPA 
recommends that you include your name and other contact information in 
the body of your comment along with any disk or CD-ROM submitted. If 
the EPA cannot read your comment due to technical difficulties and 
cannot contact you for clarification, the EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters and any form of encryption and should be free of any defects 
or viruses. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). For additional information on 
submitting comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, 214-665-8542, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Mr. Riley or Mr. Bill Deese at 214-665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'', or ``our'' is used, we mean the EPA.

I. Background

A. El Paso PM10 History

    Under the 1990 CAA Amendments, the City of El Paso, Texas was 
designated by operation of law as nonattainment of the 1987 National 
Ambient Air Quality Standard (NAAQS) for particulate matter (PM) with 
an aerodynamic diameter less than or equal to a nominal ten micrometers 
(PM10) and classified as a moderate nonattainment area. The 
EPA approved on January 18, 1994 at 59 FR 02532, the El Paso 
PM10 Attainment Demonstration SIP revision. The SIP 
included, among other things, PM control measures and a Memorandum of 
Understanding between the City of El Paso and the State of Texas (MOU). 
The EPA approved three types of PM control measures as contingency 
measures because they went beyond reasonably available control measures 
and were not relied upon to show attainment or reasonable further 
progress (RFP). The three types of PM control measures approved as 
contingency measures were prescribed burning, residential burning, and 
fugitive dust control measures. The fugitive dust measures include not 
only controls for roads, streets, alleys,

[[Page 50249]]

parking lots, construction and demolition sites, and materials 
handling, but also a requirement that existing unpaved alleys be paved 
at a rate of 15 miles per year and mechanical sweepers remove soil from 
roads four times per year in the city limits and six times per week in 
the central business district. The SIP MOU between the City of El Paso 
and the State of Texas outlines the responsibilities and regulatory 
requirements for both parties in implementing the dust control methods.

B. Texas' Submittals

    On March 7, 2012, the Texas Commission on Environmental Quality 
(TCEQ) submitted revisions to remove the requirement to pave alleys at 
the rate of 15 miles per year, and replace it with the following 
requirements: (1) All new alleys must be paved; (2) unpaved alleys 
cannot be used for residential garbage and recycling collection; and 
(3) recycled asphalt product (RAP) may be used as an alternate means of 
control for unpaved alleys. The revisions also changed the street 
sweeping frequency requirement from four times per year to three times 
per year in the city limits and from six times per week to four times 
per week in the central business district. TCEQ provided supplemental 
information dated December 3, 2014 updating the unpaved alleys 
inventory between 2010 through 2014.

II. The EPA's Evaluation

    Section 110(l) of the CAA states that the EPA cannot approve a SIP 
revision if the revision would interfere with any applicable 
requirement concerning attainment and RFP, or any other applicable 
requirement of the CAA. Contingency Measures are a required element of 
an attainment demonstration, to be implemented if the area fails to 
attain. In this case, the City implemented early the contingency 
measures for paving of alleys and street sweeping on an on-going basis 
since 1991, even though not required by the EPA. Implementation of 
these measures has continued even after the 1994 attainment date. To 
demonstrate noninterference, Texas provided a qualitative analysis of 
the emission reductions achieved by these measures coupled with 
evaluation of air quality data to show that the level of emissions 
provided for by the revised early implemented contingency measures 
would not interfere with attainment or RFP.
    At the time of the EPA's approval of the paving of alleys as a 
contingency measure, there were an estimated 89 miles of unpaved 
alleys, and all unpaved roads in the city of El Paso were required to 
be paved in order to reduce this source category's projected 1994 
PM10 emissions by 0.5 percent. The State documents that the 
inventory of unpaved alleys in El Paso has decreased from 66% of total 
alley miles in 1991, to 16% of total alley miles in 2010, with 
approximately 23 miles of unpaved alleys remaining. The supplemental 
information provided to the EPA shows that between 2010 through 2014, 
the percentage of unpaved alleys has continued to decrease to 13% of 
the total inventory, with approximately 17 miles of unpaved alleys 
remaining. A total of 72 alley miles have been paved, the estimated 
emissions reductions for 1994 were met in 1994, and emissions 
reductions continued after that date. In the SIP submittal, the City 
commits to continue paving alleys. The additional compliance option of 
using RAP as a paving material helps ensure continued reduction of the 
inventory of uncontrolled alleys. The EPA agrees that RAP can be 
effective in suppressing dust.
    The overall inventory of unpaved alleys in El Paso has continued to 
decrease, and thereby further reductions in PM10 levels have 
occurred well beyond the decrease in inventory of unpaved alleys 
approved as the contingency measures. Furthermore, there will be no 
increase in unpaved alleys because the SIP revision requires that all 
new alleys be paved. As a practical matter, the EPA recognizes that a 
rate of 15 miles of paving per year could not be maintained unless the 
City were to create unpaved alleys in order to pave them.
    As additional support for the change to the rate of paving of 
alleys, the submitted revision prohibits garbage collection in unpaved 
alleys; the City since 1997 stopped garbage collection in paved and 
unpaved alleys. The significant paving progress, the requirement to 
pave new alleys, and prohibition of garbage collection in alleys have 
reduced the overall amount of fugitive dust in the El Paso area. In the 
SIP submittal, the City commits to continue sweeping on a different 
schedule. Because the emissions reductions from paving and street 
sweeping are from already-implemented contingency measures, thus above 
what was needed to show attainment, and the reductions continue, the PM 
reductions from these measures are above and beyond what is required to 
show continued maintenance of the NAAQS.
    The State's submittal also relied upon ambient monitoring data for 
the years 2007 through 2009 to demonstrate there will be no 
interference with attainment. The El Paso area continues to monitor 
attainment of the PM10 NAAQS based on data for all three 
years from 2011 through 2013. See the TSD for additional information on 
the monitoring data.
    Because the fugitive dust controls are early implemented 
contingency measures, they were not relied upon for demonstrating 
attainment or RFP; paving of new alleys is required; the inventory of 
pre-existing unpaved alleys has been reduced from 66% of total alleys 
to 13%; and paving continues using the effective RAP, the EPA finds 
that the SIP revision will not interfere with the area's ability to 
continue to attain or maintain the affected NAAQS or other CAA 
requirements.

III. Proposed Action

    We are proposing to approve revisions to the Texas SIP that pertain 
to changes to the PM10 contingency measures in the City of 
El Paso. The State's revisions submitted on March 7, 2012 amend rule 30 
TAC Sec.  111.147(1)(E) by removing the requirement to pave alleys at 
the rate of 15 miles/year, and replace it with the following 
requirements:
    (1) All new alleys must be paved;
    (2) Alleys may not be used for trash pickup; and
    (3) The use of recycled asphalt product as defined in Sec.  111.145 
and Sec.  111.147(1) may be used as an alternate means of particulate 
matter control for alleys.
    We also are proposing to approve 30 TAC Sec.  111.145 and Sec.  
111.147(1) that define RAP, and 30 TAC Sec.  111.147(2) that changes 
the sweeping frequency requirement from four to three time per year in 
the city limits and from six to four times per week in the El Paso 
central business district. We have evaluated the State's submittals and 
have determined that they meet the applicable requirements of the Clean 
Air Act and EPA regulations, and are consistent with EPA policy.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference revisions to the Texas regulations as described in the 
Proposed Action section above. We have made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the EPA Region 6 office.

[[Page 50250]]

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the 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 proposes to approve 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);
     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 the 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 proposed 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).

List of Subjects in 40 CFR part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 5, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-20499 Filed 8-18-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                 50248               Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Proposed Rules

                                                 in the Unfunded Mandates Reform Act                     ACTION:   Proposed rule.                              and should be free of any defects or
                                                 of 1995 (Pub. L. 104–4);                                                                                      viruses. Multimedia submissions (audio,
                                                    • Does not have Federalism                           SUMMARY:   The Environmental Protection               video, etc.) must be accompanied by a
                                                 implications as specified in Executive                  Agency (EPA) is proposing to approve                  written comment. The written comment
                                                 Order 13132 (64 FR 43255, August 10,                    under the Federal Clean Air Act (CAA)                 is considered the official comment and
                                                 1999);                                                  State Implementation Plan (SIP)                       should include discussion of all points
                                                    • Is not an economically significant                 revisions submitted by the State of                   you wish to make. The EPA will
                                                 regulatory action based on health or                    Texas. These revisions pertain to                     generally not consider comments or
                                                 safety risks subject to Executive Order                 contingency measures for particulate                  comment contents located outside of the
                                                 13045 (62 FR 19885, April 23, 1997);                    matter in the City of El Paso. The                    primary submission (i.e. on the web,
                                                    • Is not a significant regulatory action             affected contingency measures are the                 cloud, or other file sharing system). For
                                                 subject to Executive Order 13211 (66 FR                 paving of alleys and sweeping of streets.             additional information on submitting
                                                 28355, May 22, 2001);                                   DATES: Written comments must be                       comments, please visit http://
                                                    • Is not subject to requirements of                  received on or before September 18,                   www2.epa.gov/dockets/commenting-
                                                 section 12(d) of the National                           2015.                                                 epa-dockets.
                                                 Technology Transfer and Advancement                                                                              Docket: The index to the docket for
                                                 Act of 1995 (15 U.S.C. 272 note) because                ADDRESSES:    Submit your comments,
                                                                                                                                                               this action is available electronically at
                                                 application of those requirements would                 identified by Docket No. EPA–R06–
                                                                                                                                                               www.regulations.gov and in hard copy
                                                 be inconsistent with the CAA; and                       OAR–2012–0205, by one of the
                                                                                                                                                               at EPA Region 6, 1445 Ross Avenue,
                                                    • Does not provide EPA with the                      following methods:
                                                                                                                                                               Suite 700, Dallas, Texas. While all
                                                 discretionary authority to address, as                     • www.regulations.gov. Follow the
                                                                                                                                                               documents in the docket are listed in
                                                 appropriate, disproportionate human                     online instructions.
                                                                                                                                                               the index, some information may be
                                                 health or environmental effects, using                     • Email: Jeffrey Riley at riley.jeffrey@
                                                                                                                                                               publicly available only at the hard copy
                                                 practicable and legally permissible                     epa.gov.
                                                                                                                                                               location (e.g., copyrighted material), and
                                                 methods, under Executive Order 12898                       • Mail or delivery: Mr. Guy
                                                                                                                                                               some may not be publicly available at
                                                 (59 FR 7629, February 16, 1994).                        Donaldson, Chief, Air Planning Section
                                                                                                                                                               either location (e.g., CBI).
                                                    In addition, the SIP is not approved                 (6PD–L), Environmental Protection
                                                                                                                                                               FOR FURTHER INFORMATION CONTACT:
                                                 to apply on any Indian reservation land                 Agency, 1445 Ross Avenue, Suite 1200,
                                                                                                         Dallas, Texas 75202–2733.                             Jeffrey Riley, 214–665–8542,
                                                 or in any other area where EPA or an
                                                                                                            Instructions: Direct your comments to              riley.jeffrey@epa.gov. To inspect the
                                                 Indian tribe has demonstrated that a
                                                                                                         Docket ID No. EPA–R06–OAR–2012–                       hard copy materials, please schedule an
                                                 tribe has jurisdiction. In those areas of
                                                                                                         0205. The EPA’s policy is that all                    appointment with Mr. Riley or Mr. Bill
                                                 Indian country, the proposed rule does
                                                                                                         comments received will be included in                 Deese at 214–665–7253.
                                                 not have tribal implications and will not
                                                 impose substantial direct costs on tribal               the public docket without change and                  SUPPLEMENTARY INFORMATION:
                                                 governments or preempt tribal law as                    may be made available online at                       Throughout this document wherever
                                                 specified by Executive Order 13175 (65                  www.regulations.gov, including any                    ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean
                                                 FR 67249, November 9, 2000).                            personal information provided, unless                 the EPA.
                                                                                                         the comment includes information                      I. Background
                                                 List of Subjects in 40 CFR Part 52                      claimed to be Confidential Business
                                                   Environmental protection, Air                         Information (CBI) or other information                A. El Paso PM10 History
                                                 pollution control, Carbon monoxide,                     the disclosure of which is restricted by                Under the 1990 CAA Amendments,
                                                 Incorporation by reference,                             statute. Do not submit electronically any             the City of El Paso, Texas was
                                                 Intergovernmental relations, Lead,                      information that you consider to be CBI               designated by operation of law as
                                                 Nitrogen dioxide, Ozone, Particulate                    or other information whose disclosure is              nonattainment of the 1987 National
                                                 matter, Reporting and recordkeeping                     restricted by statute. The                            Ambient Air Quality Standard (NAAQS)
                                                 requirements, Sulfur oxides, and                        www.regulations.gov Web site is an                    for particulate matter (PM) with an
                                                 Volatile organic compounds.                             ‘‘anonymous access’’ system, which                    aerodynamic diameter less than or equal
                                                    Authority: 42 U.S.C. 7401 et seq.                    means that the EPA will not know your                 to a nominal ten micrometers (PM10)
                                                                                                         identity or contact information unless                and classified as a moderate
                                                   Dated: August 5, 2015.
                                                                                                         you provide it in the body of your                    nonattainment area. The EPA approved
                                                 Ron Curry,
                                                                                                         comment. If you send an email                         on January 18, 1994 at 59 FR 02532, the
                                                 Regional Administrator, Region 6.                       comment directly to the EPA without                   El Paso PM10 Attainment Demonstration
                                                 [FR Doc. 2015–20504 Filed 8–18–15; 8:45 am]             going through www.regulations.gov,                    SIP revision. The SIP included, among
                                                 BILLING CODE 6560–50–P                                  your email address will be                            other things, PM control measures and
                                                                                                         automatically captured and included as                a Memorandum of Understanding
                                                                                                         part of the comment that is placed in the             between the City of El Paso and the
                                                 ENVIRONMENTAL PROTECTION                                public docket and made available on the               State of Texas (MOU). The EPA
                                                 AGENCY                                                  Internet. If you submit an electronic                 approved three types of PM control
                                                 40 CFR Part 52                                          comment, the EPA recommends that                      measures as contingency measures
                                                                                                         you include your name and other                       because they went beyond reasonably
                                                 [EPA–R06–OAR–2012–0205; FRL–9931–37–                    contact information in the body of your               available control measures and were not
rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                 Region 6]                                               comment along with any disk or CD–                    relied upon to show attainment or
                                                                                                         ROM submitted. If the EPA cannot read                 reasonable further progress (RFP). The
                                                 Approval and Promulgation of
                                                                                                         your comment due to technical                         three types of PM control measures
                                                 Implementation Plans; Texas; El Paso
                                                                                                         difficulties and cannot contact you for               approved as contingency measures were
                                                 Particulate Matter Contingency
                                                                                                         clarification, the EPA may not be able to             prescribed burning, residential burning,
                                                 Measures
                                                                                                         consider your comment. Electronic files               and fugitive dust control measures. The
                                                 AGENCY: Environmental Protection                        should avoid the use of special                       fugitive dust measures include not only
                                                 Agency (EPA).                                           characters and any form of encryption                 controls for roads, streets, alleys,


                                            VerDate Sep<11>2014   15:11 Aug 18, 2015   Jkt 235001   PO 00000   Frm 00024   Fmt 4702   Sfmt 4702   E:\FR\FM\19AUP1.SGM   19AUP1


                                                                     Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Proposed Rules                                          50249

                                                 parking lots, construction and                          unpaved roads in the city of El Paso                  will be no interference with attainment.
                                                 demolition sites, and materials                         were required to be paved in order to                 The El Paso area continues to monitor
                                                 handling, but also a requirement that                   reduce this source category’s projected               attainment of the PM10 NAAQS based
                                                 existing unpaved alleys be paved at a                   1994 PM10 emissions by 0.5 percent.                   on data for all three years from 2011
                                                 rate of 15 miles per year and mechanical                The State documents that the inventory                through 2013. See the TSD for
                                                 sweepers remove soil from roads four                    of unpaved alleys in El Paso has                      additional information on the
                                                 times per year in the city limits and six               decreased from 66% of total alley miles               monitoring data.
                                                 times per week in the central business                  in 1991, to 16% of total alley miles in                  Because the fugitive dust controls are
                                                 district. The SIP MOU between the City                  2010, with approximately 23 miles of                  early implemented contingency
                                                 of El Paso and the State of Texas                       unpaved alleys remaining. The                         measures, they were not relied upon for
                                                 outlines the responsibilities and                       supplemental information provided to                  demonstrating attainment or RFP;
                                                 regulatory requirements for both parties                the EPA shows that between 2010                       paving of new alleys is required; the
                                                 in implementing the dust control                        through 2014, the percentage of                       inventory of pre-existing unpaved alleys
                                                 methods.                                                unpaved alleys has continued to                       has been reduced from 66% of total
                                                                                                         decrease to 13% of the total inventory,               alleys to 13%; and paving continues
                                                 B. Texas’ Submittals
                                                                                                         with approximately 17 miles of unpaved                using the effective RAP, the EPA finds
                                                    On March 7, 2012, the Texas                          alleys remaining. A total of 72 alley                 that the SIP revision will not interfere
                                                 Commission on Environmental Quality                     miles have been paved, the estimated                  with the area’s ability to continue to
                                                 (TCEQ) submitted revisions to remove                    emissions reductions for 1994 were met
                                                 the requirement to pave alleys at the                                                                         attain or maintain the affected NAAQS
                                                                                                         in 1994, and emissions reductions                     or other CAA requirements.
                                                 rate of 15 miles per year, and replace it               continued after that date. In the SIP
                                                 with the following requirements: (1) All                submittal, the City commits to continue               III. Proposed Action
                                                 new alleys must be paved; (2) unpaved                   paving alleys. The additional
                                                 alleys cannot be used for residential                                                                            We are proposing to approve revisions
                                                                                                         compliance option of using RAP as a
                                                 garbage and recycling collection; and (3)                                                                     to the Texas SIP that pertain to changes
                                                                                                         paving material helps ensure continued
                                                 recycled asphalt product (RAP) may be                                                                         to the PM10 contingency measures in the
                                                                                                         reduction of the inventory of
                                                 used as an alternate means of control for               uncontrolled alleys. The EPA agrees that              City of El Paso. The State’s revisions
                                                 unpaved alleys. The revisions also                      RAP can be effective in suppressing                   submitted on March 7, 2012 amend rule
                                                 changed the street sweeping frequency                   dust.                                                 30 TAC § 111.147(1)(E) by removing the
                                                 requirement from four times per year to                    The overall inventory of unpaved                   requirement to pave alleys at the rate of
                                                 three times per year in the city limits                 alleys in El Paso has continued to                    15 miles/year, and replace it with the
                                                 and from six times per week to four                     decrease, and thereby further reductions              following requirements:
                                                 times per week in the central business                  in PM10 levels have occurred well                        (1) All new alleys must be paved;
                                                 district. TCEQ provided supplemental                    beyond the decrease in inventory of                      (2) Alleys may not be used for trash
                                                 information dated December 3, 2014                      unpaved alleys approved as the                        pickup; and
                                                 updating the unpaved alleys inventory                   contingency measures. Furthermore,                       (3) The use of recycled asphalt
                                                 between 2010 through 2014.                              there will be no increase in unpaved                  product as defined in § 111.145 and
                                                 II. The EPA’s Evaluation                                alleys because the SIP revision requires              § 111.147(1) may be used as an alternate
                                                                                                         that all new alleys be paved. As a                    means of particulate matter control for
                                                    Section 110(l) of the CAA states that                practical matter, the EPA recognizes that
                                                 the EPA cannot approve a SIP revision                                                                         alleys.
                                                                                                         a rate of 15 miles of paving per year
                                                 if the revision would interfere with any                could not be maintained unless the City                  We also are proposing to approve 30
                                                 applicable requirement concerning                       were to create unpaved alleys in order                TAC § 111.145 and § 111.147(1) that
                                                 attainment and RFP, or any other                        to pave them.                                         define RAP, and 30 TAC § 111.147(2)
                                                 applicable requirement of the CAA.                         As additional support for the change               that changes the sweeping frequency
                                                 Contingency Measures are a required                     to the rate of paving of alleys, the                  requirement from four to three time per
                                                 element of an attainment demonstration,                 submitted revision prohibits garbage                  year in the city limits and from six to
                                                 to be implemented if the area fails to                  collection in unpaved alleys; the City                four times per week in the El Paso
                                                 attain. In this case, the City                          since 1997 stopped garbage collection in              central business district. We have
                                                 implemented early the contingency                       paved and unpaved alleys. The                         evaluated the State’s submittals and
                                                 measures for paving of alleys and street                significant paving progress, the                      have determined that they meet the
                                                 sweeping on an on-going basis since                     requirement to pave new alleys, and                   applicable requirements of the Clean Air
                                                 1991, even though not required by the                   prohibition of garbage collection in                  Act and EPA regulations, and are
                                                 EPA. Implementation of these measures                   alleys have reduced the overall amount                consistent with EPA policy.
                                                 has continued even after the 1994                       of fugitive dust in the El Paso area. In              IV. Incorporation by Reference
                                                 attainment date. To demonstrate                         the SIP submittal, the City commits to
                                                 noninterference, Texas provided a                       continue sweeping on a different                        In this action, we are proposing to
                                                 qualitative analysis of the emission                    schedule. Because the emissions                       include in a final rule regulatory text
                                                 reductions achieved by these measures                   reductions from paving and street                     that includes incorporation by
                                                 coupled with evaluation of air quality                  sweeping are from already-implemented                 reference. In accordance with the
                                                 data to show that the level of emissions                contingency measures, thus above what                 requirements of 1 CFR 51.5, we are
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                                                 provided for by the revised early                       was needed to show attainment, and the                proposing to incorporate by reference
                                                 implemented contingency measures                        reductions continue, the PM reductions                revisions to the Texas regulations as
                                                 would not interfere with attainment or                  from these measures are above and                     described in the Proposed Action
                                                 RFP.                                                    beyond what is required to show                       section above. We have made, and will
                                                    At the time of the EPA’s approval of                 continued maintenance of the NAAQS.                   continue to make, these documents
                                                 the paving of alleys as a contingency                      The State’s submittal also relied upon             generally available electronically
                                                 measure, there were an estimated 89                     ambient monitoring data for the years                 through www.regulations.gov and/or in
                                                 miles of unpaved alleys, and all                        2007 through 2009 to demonstrate there                hard copy at the EPA Region 6 office.


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                                                 50250               Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Proposed Rules

                                                 V. Statutory and Executive Order                        governments or preempt tribal law as                  If you need to include CBI as part of
                                                 Reviews                                                 specified by Executive Order 13175 (65                your comment, please visit http://
                                                    Under the CAA, the Administrator is                  FR 67249, November 9, 2000).                          www.epa.gov/dockets/comments.html
                                                 required to approve a SIP submission                                                                          for instructions. Multimedia
                                                                                                         List of Subjects in 40 CFR part 52
                                                 that complies with the provisions of the                                                                      submissions (audio, video, etc.) must be
                                                                                                           Environmental protection, Air                       accompanied by a written comment.
                                                 Act and applicable Federal regulations.
                                                                                                         pollution control, Incorporation by                   The written comment is considered the
                                                 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                                                                         reference, Particulate matter, Reporting              official comment and should include
                                                 Thus, in reviewing SIP submissions, the
                                                                                                         and recordkeeping requirements.                       discussion of all points you wish to
                                                 EPA’s role is to approve state choices,
                                                 provided that they meet the criteria of                   Authority: 42 U.S.C. 7401 et seq.                   make. For additional submission
                                                 the CAA. Accordingly, this action                                                                             methods, the full EPA public comment
                                                                                                           Dated: August 5, 2015.
                                                 merely proposes to approve state law as                                                                       policy, and general guidance on making
                                                                                                         Ron Curry,                                            effective comments, please visit http://
                                                 meeting Federal requirements and does                   Regional Administrator, Region 6.
                                                 not impose additional requirements                                                                            www.epa.gov/dockets/comments.html.
                                                                                                         [FR Doc. 2015–20499 Filed 8–18–15; 8:45 am]           FOR FURTHER INFORMATION CONTACT: For
                                                 beyond those imposed by state law. For
                                                 that reason, this action:
                                                                                                         BILLING CODE 6560–50–P                                technical information, contact Greg
                                                    • Is not a ‘‘significant regulatory                                                                        Nizich, Air Quality Policy Division,
                                                 action’’ subject to review by the Office                                                                      Office of Air Quality Planning and
                                                                                                         ENVIRONMENTAL PROTECTION                              Standards (C504–03), Environmental
                                                 of Management and Budget under                          AGENCY
                                                 Executive Orders 12866 (58 FR 51735,                                                                          Protection Agency, Research Triangle
                                                 October 4, 1993) and 13563 (76 FR 3821,                 40 CFR Part 56                                        Park, North Carolina 27711; telephone
                                                 January 21, 2011);                                                                                            number (919) 541–3078; fax number
                                                    • Does not impose an information                     [EPA–HQ–OAR–2014–0616; FRL–9929–98–                   (919) 541–5509; email address:
                                                 collection burden under the provisions                  OAR]                                                  nizich.greg@epa.gov.
                                                 of the Paperwork Reduction Act (44                      RIN 2060–AS53
                                                                                                                                                                  To request a public hearing or
                                                 U.S.C. 3501 et seq.);                                                                                         information pertaining to a public
                                                    • Is certified as not having a                       Amendments to Regional Consistency                    hearing on this document, contact Ms.
                                                 significant economic impact on a                        Regulations                                           Pamela Long, Air Quality Policy
                                                 substantial number of small entities                                                                          Division, Office of Air Quality Planning
                                                 under the Regulatory Flexibility Act (5                 AGENCY:  Environmental Protection                     and Standards (C504–01),
                                                 U.S.C. 601 et seq.);                                    Agency (EPA).                                         Environmental Protection Agency,
                                                    • Does not contain any unfunded                      ACTION: Proposed rule.                                Research Triangle Park, North Carolina
                                                 mandate or significantly or uniquely                                                                          27711; telephone number (919) 541–
                                                                                                         SUMMARY:    The U.S. Environmental                    0641; fax number (919) 541–5509; email
                                                 affect small governments, as described
                                                                                                         Protection Agency (EPA) is proposing to               address: long.pam@epa.gov.
                                                 in the Unfunded Mandates Reform Act
                                                                                                         revise its Regional Consistency                       SUPPLEMENTARY INFORMATION:
                                                 of 1995 (Pub. L. 104–4);
                                                                                                         regulations to ensure the EPA has the
                                                    • Does not have Federalism                                                                                    Regulated entities. The Administrator
                                                                                                         flexibility necessary to implement Clean              determined that this action is subject to
                                                 implications as specified in Executive
                                                                                                         Air Act (CAA or Act) programs on a                    the provisions of CAA section 307(d).
                                                 Order 13132 (64 FR 43255, August 10,
                                                                                                         national scale while addressing court                 See CAA section 307(d)(1)(V) (the
                                                 1999);
                                                                                                         rulings that concern certain agency
                                                    • Is not an economically significant                                                                       provisions of CAA section 307(d) apply
                                                                                                         actions under the Act. In addition, the               to ‘‘such other actions as the
                                                 regulatory action based on health or
                                                                                                         proposed revisions would help to foster               Administrator may determine). These
                                                 safety risks subject to Executive Order
                                                                                                         overall fairness and predictability                   are amendments to existing regulations
                                                 13045 (62 FR 19885, April 23, 1997);
                                                    • Is not a significant regulatory action             regarding the scope and impact of                     and could affect your facility if it is the
                                                 subject to Executive Order 13211 (66 FR                 judicial decisions under the CAA.                     subject of a CAA-related ruling by a
                                                 28355, May 22, 2001);                                   DATES: Comments must be received on                   federal court.
                                                    • Is not subject to requirements of                  or before October 19, 2015.                              The information in this
                                                 section 12(d) of the National                              Public hearing. If requested by                    SUPPLEMENTARY INFORMATION section of
                                                 Technology Transfer and Advancement                     September 3, 2015, then we will hold a                this preamble is organized as follows:
                                                 Act of 1995 (15 U.S.C. 272 note) because                public hearing. Additional information                I. General Information
                                                 application of those requirements would                 about the hearing, if requested, will be                 A. Does this action apply to me?
                                                 be inconsistent with the CAA; and                       published in a subsequent Federal                        B. What should I consider as I prepare my
                                                    • Does not provide the EPA with the                  Register document.                                          comments for the EPA?
                                                 discretionary authority to address, as                  ADDRESSES: Submit your comments,                         C. Where can I get a copy of this document
                                                                                                                                                                     and other related information?
                                                 appropriate, disproportionate human                     identified by Docket ID No. EPA–HQ–                      D. How can I find information about a
                                                 health or environmental effects, using                  OAR–2014–0616, to the Federal                               possible public hearing?
                                                 practicable and legally permissible                     eRulemaking Portal: http://                              E. What acronyms, abbreviations and units
                                                 methods, under Executive Order 12898                    www.regulations.gov. Follow the online                      are used in this preamble?
                                                 (59 FR 7629, February 16, 1994).                        instructions for submitting comments.                 II. Purpose
rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                    In addition, the SIP is not approved                 Once submitted, comments cannot be                    III. Background
                                                 to apply on any Indian reservation land                 edited or withdrawn. The EPA may                         A. Purpose of the Regional Consistency
                                                 or in any other area where the EPA or                   publish any comment received to its                         Regulations
                                                                                                                                                                  B. Establishing the Regional Consistency
                                                 an Indian tribe has demonstrated that a                 public docket. Do not submit                                Regulations
                                                 tribe has jurisdiction. In those areas of               electronically any information you                       C. Reasons for Revising the Regional
                                                 Indian country, the proposed rule does                  consider to be Confidential Business                        Consistency Regulations
                                                 not have tribal implications and will not               Information (CBI) or other information                IV. Proposed Revisions to the Regional
                                                 impose substantial direct costs on tribal               whose disclosure is restricted by statute.                  Consistency Rule



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Document Created: 2015-12-15 11:58:56
Document Modified: 2015-12-15 11:58:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before September 18, 2015.
ContactJeffrey Riley, 214-665-8542, [email protected] To inspect the hard copy materials, please schedule an appointment with Mr. Riley or Mr. Bill Deese at 214-665- 7253.
FR Citation80 FR 50248 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements

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