80 FR 53467 - Approval and Promulgation of Implementation Plans; Texas; Infrastructure Requirements for the 1997 Ozone and the 1997 and 2006 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 172 (September 4, 2015)
Federal Register Volume 80, Issue 172 (September 4, 2015)
| Page Range | 53467-53469 | |
| FR Document | 2015-22035 |
[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)] [Rules and Regulations] [Pages 53467-53469] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-22035] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2013-0808; FRL-9932-50-Region 6] Approval and Promulgation of Implementation Plans; Texas; Infrastructure Requirements for the 1997 Ozone and the 1997 and 2006 PM2.5 NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing a change to the Code of Federal Regulations (CFR) to reflect a 2014 EPA approval to a State Implementation Plan (SIP) revision to regulate greenhouse gases (GHGs) in Texas Prevention of Significant Deterioration (PSD) permitting program and to show that the SIP deficiency identified in a prior partial disapproval for the 1997 Ozone and the 1997 and 2006 PM2.5 National Ambient Air Quality Standards (NAAQS) has been addressed. DATES: This rule is effective on November 3, 2015 without further notice, unless EPA receives relevant adverse comment by October 5, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR- 2013-0808, by one of the following methods:www.regulations.gov: Follow the on-line instructions. Email: Carl Young 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- 2013-0808. 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 http://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 http://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 http://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). [[Page 53468]] FOR FURTHER INFORMATION CONTACT: Carl Young, 214-665-6645, [email protected]. To inspect the hard copy materials, please schedule an appointment with Mr. Young. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background In an action on April 4, 2008, we partially approved and partially disapproved the portions of a Texas SIP submittal for the 1997 ozone and 1997 PM 2.5 NAAQS pertaining to prevention of significant deterioration (PSD) permitting (76 FR 81371, December 28, 2011). Our partial disapproval was based on the fact that at the time the Texas SIP did not regulate greenhouse gases (GHGs) in the PSD permitting program. Afterwards Texas revised the SIP to regulate GHGs in their PSD permitting program. We approved this revision in 2014 (79 FR 66626, November 10, 2014). Now that Texas has a fully approved SIP for PSD permitting, the deficiency that led to our December 28, 2011 partial disapproval has been addressed. However, in our approval of the GHG program, we did not revise the CFR to reflect that the deficiency had been addressed. We are correcting that oversight in today's action. II. Final Action Using our authority under 110(k)(6) of the Act, we are finalizing a change to 40 CFR 52.2270(c) to reflect a 2014 EPA approval to a SIP revision to regulate GHGs in Texas' PSD permitting program and to show that the SIP deficiency identified in our prior partial disapproval for the 1997 Ozone and the 1997 and 2006 PM2.5 NAAQS has been addressed. EPA is publishing this rule without prior proposal because we view this as a non-controversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the SIP revision if relevant adverse comments are received. This rule will be effective on November 3, 2015 without further notice unless we receive relevant adverse comment by October 5, 2015. If we receive relevant adverse comments, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. We will address all public comments in a subsequent final rule based on the proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so now. Please note that if we receive relevant adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. This action merely revises the CFR to reflect a 2014 EPA approval to a SIP revision to regulate GHGs in Texas PSD permitting program and to show that the SIP deficiency identified in a prior partial disapproval for the 1997 Ozone and the 1997 and 2006 PM2.5 National Ambient Air Quality Standards (NAAQS) has been addressed. 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 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 3, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposed 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, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: August 26, 2015. Ron Curry, Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: [[Page 53469]] 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. The second table in Sec. 52.2270(e) titled ``EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP'' is amended by revising the entry for ``Infrastructure and Interstate Transport for the 1997 Ozone and the 1997 and 2006 PM 2.5 NAAQS''. The revision reads as follows: Sec. 52.2270 Identification of plan. * * * * * (e) * * * EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP -------------------------------------------------------------------------------------------------------------------------------------------------------- Applicable geographic Name of SIP provision or non-attainment State approval/ EPA approval date Comments area submittal date -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Infrastructure and Interstate Statewide............ 12/12/2007, 3/ 12/28/2011, 76 FR 81371............... Approval for CAA elements Transport for the 1997 Ozone and 11/2008, 4/4/ 110(a)(2)(A), (B), (E), (F), (G), the 1997 and 2006 PM2.5 NAAQS. 2008, 11/23/ (H), (K), (L), and (M). Full 2009 approval for CAA elements 110(a)(2)(C), (D)(i)(II), (D)(ii) and (J) with approval of the GHG PSD revision (11/10/2014, 79 FR 66626). * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-22035 Filed 9-3-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Rules and Regulations 53467
For the reasons discussed in the (d) Enforcement officials. The U.S. Instructions: Direct your comments to
preamble, the Coast Guard amends 33 Coast Guard may be assisted by Federal, Docket ID No. EPA–R06–OAR–2013–
CFR part 165 as follows: State, and local agencies in the patrol 0808. The EPA’s policy is that all
and enforcement of the zone. comments received will be included in
PART 165—REGULATED NAVIGATION (e) Enforcement period. This safety the public docket without change and
AREAS AND LIMITED ACCESS AREAS zone will be effective from 8:00 p.m. may be made available online at
until 10:00 p.m. on September 6, 2015, http://www.regulations.gov, including
■ 1. The authority citation for part 165 unless cancelled earlier by the Captain
continues to read as follows: any personal information provided,
of the Port. unless the comment includes
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; B.A. Cooper, information claimed to be Confidential
Department of Homeland Security Delegation Captain, U.S. Coast Guard, Captain of the Business Information (CBI) or other
No. 0170.1. Port Delaware Bay. information the disclosure of which is
[FR Doc. 2015–21953 Filed 9–3–15; 8:45 am] restricted by statute. Do not submit
■ 2. Add § 165.T05–0823 to read as
follows: BILLING CODE 9110–04–P
electronically any information that you
consider to be CBI or other information
§ 165.T05–0823 Safety Zone, Labor Day whose disclosure is restricted by statute.
Long Neck Style Fireworks, Indian River The http://www.regulations.gov Web
Bay; Long Neck, DE. ENVIRONMENTAL PROTECTION
AGENCY site is an ‘‘anonymous access’’ system,
(a) Regulated area. The following area which means that the EPA will not
is a safety zone: all waters of Indian 40 CFR Part 52 know your identity or contact
River Bay within a 230 yard radius of information unless you provide it in the
the fireworks launch platform in [EPA–R06–OAR–2013–0808; FRL–9932–50–
Region 6]
body of your comment. If you send an
approximate position 38°36′35.8″ N., email comment directly to the EPA
075°09′04.4″ W. in Long Neck, DE. without going through http://
(b) Regulations. The general safety Approval and Promulgation of
Implementation Plans; Texas; www.regulations.gov, your email
zone regulations found in subpart C of address will be automatically captured
this part apply to the safety zone created Infrastructure Requirements for the
1997 Ozone and the 1997 and 2006 and included as part of the comment
by this section. that is placed in the public docket and
(1) All persons or vessels wishing to PM2.5 NAAQS
made available on the Internet. If you
transit through the Safety Zone must AGENCY: Environmental Protection submit an electronic comment, the EPA
request authorization to do so from the Agency (EPA). recommends that you include your
Captain of the Port or his designated ACTION: Direct final rule. name and other contact information in
representative one hour prior to the
SUMMARY: The Environmental Protection the body of your comment along with
intended time of transit.
(2) Vessels granted permission to Agency (EPA) is finalizing a change to any disk or CD–ROM submitted. If the
transit must do so in accordance with the Code of Federal Regulations (CFR) to EPA cannot read your comment due to
the directions provided by the Captain reflect a 2014 EPA approval to a State technical difficulties and cannot contact
of the Port or his designated Implementation Plan (SIP) revision to you for clarification, the EPA may not
representative to the vessel. regulate greenhouse gases (GHGs) in be able to consider your comment.
(3) To seek permission to transit the Texas Prevention of Significant Electronic files should avoid the use of
Safety Zone, the Captain of the Port’s Deterioration (PSD) permitting program special characters and any form of
representative can be contacted via and to show that the SIP deficiency encryption and should be free of any
marine radio VHF Channel 16. identified in a prior partial disapproval defects or viruses. Multimedia
(4) This section applies to all vessels for the 1997 Ozone and the 1997 and submissions (audio, video, etc.) must be
wishing to transit through the safety 2006 PM2.5 National Ambient Air accompanied by a written comment.
zone except vessels that are engaged in Quality Standards (NAAQS) has been The written comment is considered the
the following operations: addressed. official comment and should include
(i) Enforcing laws; discussion of all points you wish to
(ii) Servicing aids to navigation; and DATES: This rule is effective on
make. The EPA will generally not
(iii) Emergency response vessels. November 3, 2015 without further consider comments or comment
(5) No person or vessel may enter or notice, unless EPA receives relevant contents located outside of the primary
remain in a safety zone without the adverse comment by October 5, 2015. If submission (i.e. on the web, cloud, or
permission of the Captain of the Port; EPA receives such comment, EPA will other file sharing system). For
(6) Each person and vessel in a safety publish a timely withdrawal in the
additional information on submitting
zone shall obey any direction or order Federal Register informing the public
comments, please visit http://
of the Captain of the Port. that this rule will not take effect.
www2.epa.gov/dockets/commenting-
(c) Definitions. (1) Captain of the Port ADDRESSES: Submit your comments, epa-dockets.
means the Commander, Coast Guard identified by Docket No. EPA–R06–
Sector Delaware Bay, or any Coast OAR–2013–0808, by one of the Docket: The index to the docket for
Guard commissioned, warrant or petty following methods: this action is available electronically at
officer who has been authorized by the • www.regulations.gov: Follow the www.regulations.gov and in hard copy
Captain of the Port to act on his behalf. on-line instructions. at EPA Region 6, 1445 Ross Avenue,
(2) Designated representative means • Email: Carl Young at young.carl@ Suite 700, Dallas, Texas. While all
rmajette on DSK2VPTVN1PROD with RULES
any Coast Guard commissioned, warrant epa.gov. documents in the docket are listed in
or petty officer who has been authorized • Mail or delivery: Mr. Guy the index, some information may be
by the Captain of the Port, Delaware Donaldson, Chief, Air Planning Section publicly available only at the hard copy
Bay, to assist in enforcing the safety (6PD–L), Environmental Protection location (e.g., copyrighted material), and
zone described in paragraph (a) of this Agency, 1445 Ross Avenue, Suite 1200, some may not be publicly available at
section. Dallas, Texas 75202–2733. either location (e.g., CBI).
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![Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Rules and Regulations 53469
PART 52—APPROVAL AND Subpart SS—Texas Ozone and the 1997 and 2006 PM2.5
PROMULGATION OF NAAQS’’.
IMPLEMENTATION PLANS ■ 2. The second table in § 52.2270(e)
titled ‘‘EPA Approved Nonregulatory The revision reads as follows:
Provisions and Quasi-Regulatory § 52.2270 Identification of plan.
■ 1. The authority citation for part 52
Measures in the Texas SIP’’ is amended
continues to read as follows: * * * * *
by revising the entry for ‘‘Infrastructure
Authority: 42 U.S.C. 7401 et seq. and Interstate Transport for the 1997 (e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
State ap-
Applicable geographic or
Name of SIP provision proval/sub- EPA approval date Comments
non-attainment area mittal date
* * * * * * *
Infrastructure and Interstate Statewide ..................................... 12/12/2007, 3/ 12/28/2011, 76 FR 81371 Approval for CAA ele-
Transport for the 1997 Ozone 11/2008, 4/4/ ments 110(a)(2)(A), (B),
and the 1997 and 2006 PM2.5 2008, 11/23/ (E), (F), (G), (H), (K),
NAAQS. 2009 (L), and (M). Full ap-
proval for CAA elements
110(a)(2)(C), (D)(i)(II),
(D)(ii) and (J) with ap-
proval of the GHG PSD
revision (11/10/2014, 79
FR 66626).
* * * * * * *
[FR Doc. 2015–22035 Filed 9–3–15; 8:45 am] Docket Center (EPA/DC), West William • Food manufacturing (NAICS code
BILLING CODE 6560–50–P Jefferson Clinton Bldg., Rm. 3334, 1301 311).
Constitution Ave. NW., Washington, DC • Pesticide manufacturing (NAICS
20460–0001. The Public Reading Room code 32532).
ENVIRONMENTAL PROTECTION is open from 8:30 a.m. to 4:30 p.m., B. How can I get electronic access to
AGENCY Monday through Friday, excluding legal other related information?
holidays. The telephone number for the
40 CFR Part 180 Public Reading Room is (202) 566–1744, You may access a frequently updated
[EPA–HQ–OPP–2014–0114; FRL–9931–18] and the telephone number for the OPP electronic version of EPA’s tolerance
Docket is (703) 305–5805. Please review regulations at 40 CFR part 180 through
Oxathiapiprolin; Pesticide Tolerances the visitor instructions and additional the Government Printing Office’s e-CFR
information about the docket available site at http://www.ecfr.gov/cgi-bin/text-
AGENCY: Environmental Protection idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
Agency (EPA). at http://www.epa.gov/dockets.
40tab_02.tpl.
FOR FURTHER INFORMATION CONTACT:
ACTION: Final rule.
Susan Lewis, Registration Division C. How can I file an objection or hearing
SUMMARY: This regulation establishes (7505P), Office of Pesticide Programs, request?
tolerances for residues of Environmental Protection Agency, 1200 Under FFDCA section 408(g), 21
oxathiapiprolin in or on multiple Pennsylvania Ave. NW., Washington, U.S.C. 346a, any person may file an
commodities that are identified and DC 20460–0001; main telephone objection to any aspect of this regulation
discussed later in this document. E.I. du number: (703) 305–7090; email address: and may also request a hearing on those
Pont de Nemours and Company RDFRNotices@epa.gov. objections. You must file your objection
(‘‘Dupont’’) requested these tolerances SUPPLEMENTARY INFORMATION: or request a hearing on this regulation
under the Federal Food, Drug, and in accordance with the instructions
Cosmetic Act (FFDCA). I. General Information
provided in 40 CFR part 178. To ensure
DATES: This regulation is effective A. Does this action apply to me? proper receipt by EPA, you must
September 4, 2015. Objections and You may be potentially affected by identify docket ID number EPA–HQ–
requests for hearings must be received this action if you are an agricultural OPP–2014–0114 in the subject line on
on or before November 3, 2015, and producer, food manufacturer, or the first page of your submission. All
must be filed in accordance with the pesticide manufacturer. The following objections and requests for a hearing
instructions provided in 40 CFR part list of North American Industrial must be in writing, and must be
178 (see also Unit I.C. of the Classification System (NAICS) codes is received by the Hearing Clerk on or
SUPPLEMENTARY INFORMATION). not intended to be exhaustive, but rather before November 3, 2015. Addresses for
rmajette on DSK2VPTVN1PROD with RULES
ADDRESSES: The docket for this action, provides a guide to help readers mail and hand delivery of objections
identified by docket identification (ID) determine whether this document and hearing requests are provided in 40
number EPA–HQ–OPP–2014–0114, is applies to them. Potentially affected CFR 178.25(b).
available at http://www.regulations.gov entities may include: In addition to filing an objection or
or at the Office of Pesticide Programs • Crop production (NAICS code 111). hearing request with the Hearing Clerk
Regulatory Public Docket (OPP Docket) • Animal production (NAICS code as described in 40 CFR part 178, please
in the Environmental Protection Agency 112). submit a copy of the filing (excluding
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Document Created: 2015-12-15 09:58:15
Document Modified: 2015-12-15 09:58:15
| 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 | Direct final rule. | |
| Dates | This rule is effective on November 3, 2015 without further notice, unless EPA receives relevant adverse comment by October 5, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. | |
| Contact | Carl Young, 214-665-6645, [email protected] To inspect the hard copy materials, please schedule an appointment with Mr. Young. | |
| FR Citation | 80 FR 53467 |
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