80 FR 77253 - Approval and Promulgation of Implementation Plans; Texas; El Paso Particulate Matter Contingency Measures

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 239 (December 14, 2015)

Page Range		77253-77255
FR Document		2015-31310
The Environmental Protection Agency (EPA) is approving under the Federal Clean Air Act (the Act) 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 239 (Monday, December 14, 2015)
[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Rules and Regulations]
[Pages 77253-77255]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31310]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0205; FRL-9940-03-Region 6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving under 
the Federal Clean Air Act (the Act) 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: This final rule is effective on January 13, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2012-0205. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, 214-665-8542, 
[email protected].

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

I. Background

    The background for today's action is discussed in detail in our 
August 19, 2015 proposal (80 FR 50248). In that notice, we proposed to 
approve revisions to the Texas SIP pertaining to contingency measures 
for controlling particulate matter (PM) with an aerodynamic diameter 
less than or equal to a nominal ten micrometers (PM10) in 
the City of El Paso. We did not receive any comments regarding our 
proposal.

II. Final Action

    We are approving revisions to the Texas SIP pertaining to 
PM10 dust control contingency measures in the City of El 
Paso. The State's revisions submitted on March 7, 2012 amend rule 30 
TAC section 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) Unpaved alleys may not be used for residential garbage and 
recycling collection; and
    (3) The use of recycled asphalt product as defined in section 
111.145 and section 111.147(1) may be used as an alternate means of 
particulate matter control for alleys.
    We are also approving revisions to 30 TAC section 111.147(1) that 
define reclaimed asphalt pavement, and 30 TAC section 111.147(2) that 
changes the sweeping frequency requirement from four to three times per 
year in the city limits and from six to four times per week in the El 
Paso central business district. This action is being taken under 
section 110 of the Act.

III. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final Action 
section above. We have made, and will continue to make, these documents 
generally available electronically through

[[Page 77254]]

www.regulations.gov and/or in hard copy at the EPA Region 6 office.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 Clean Air Act; 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 February 12, 2016. 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, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: November 19, 2015.
Ron Curry,
Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. In Sec.  52.2270:
0
a. In paragraph (c), the table titled ``EPA Approved Regulations in the 
Texas SIP'' is amended by revising the entry for Section 111.147.
0
b. In paragraph (e), the second table titled ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP'' is amended by adding an entry at the end for ``Revision to El 
Paso PM10 Attainment Demonstration SIP''.
    The revision and addition read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                       State
                                                     approval/
        State citation            Title/subject      submittal   EPA approval date           Explanation
                                                       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
           Chapter 111 (Reg 1)--Control of Air Pollution From Visible Emissions and Particulate Matter
----------------------------------------------------------------------------------------------------------------
                             Subchapter A: Visible Emissions and Particulate Matter
----------------------------------------------------------------------------------------------------------------
 

[[Page 77255]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
             Division 4: Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 111.147...............  Roads, Streets,      1/25/2012   12/14/2015         ............................
                                 and Alleys.                      [Insert Federal
                                                                  Register
                                                                  citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                    Applicable         State
                                  geographic or     submittal/
     Name of SIP provision        nonattainment      effective   EPA approval date            Comments
                                       area            date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Revision to El Paso             El Paso, TX......     3/7/2012   12/14/2015         ............................
 PM[ihel1][ihel0] Attainment                                      [Insert Federal
 Demonstration SIP (dust                                          Register
 control contingency measures).                                   citation].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-31310 Filed 12-11-15; 8:45 am]
 BILLING CODE 6560-50-P
77254 Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations

www.regulations.gov and/or in hard • Is not subject to requirements of reconsideration by the Administrator of
copy at the EPA Region 6 office. section 12(d) of the National this final rule does not affect the finality
Technology Transfer and Advancement of this action for the purposed of
IV. Statutory and Executive Order
Act of 1995 (15 U.S.C. 272 note) because judicial review nor does it extend the
Reviews
application of those requirements would time within which a petition for judicial
Under the Clean Air Act, the be inconsistent with the Clean Air Act; review may be filed, and shall not
Administrator is required to approve a and postpone the effectiveness of such rule
SIP submission that complies with the • Does not provide EPA with the or action. This action may not be
provisions of the Act and applicable discretionary authority to address, as challenged later in proceedings to
Federal regulations. 42 U.S.C. 7410(k); appropriate, disproportionate human enforce its requirements. (See section
40 CFR 52.02(a). Thus, in reviewing SIP health or environmental effects, using 307(b)(2).)
submissions, the EPA’s role is to practicable and legally permissible
approve state choices, provided that methods, under Executive Order 12898 List of Subjects in 40 CFR Part 52
they meet the criteria of the Clean Air (59 FR 7629, February 16, 1994). Environmental protection, Air
Act. Accordingly, this action merely In addition, the SIP is not approved to pollution control, Incorporation by
approves state law as meeting Federal apply on any Indian reservation land or reference, Particulate matter, Reporting
requirements and does not impose in any other area where EPA or an and recordkeeping requirements.
additional requirements beyond those Indian tribe has demonstrated that a Dated: November 19, 2015.
imposed by state law. For that reason, tribe has jurisdiction. In those areas of
Ron Curry,
this action: Indian country, the rule does not have
• Is not a ‘‘significant regulatory tribal implications and will not impose Regional Administrator, Region 6.
action’’ subject to review by the Office substantial direct costs on tribal 40 CFR part 52 is amended as follows:
of Management and Budget under governments or preempt tribal law as
Executive Orders 12866 (58 FR 51735, specified by Executive Order 13175 (65 PART 52—APPROVAL AND
October 4, 1993) and 13563 (76 FR 3821, FR 67249, November 9, 2000). PROMULGATION OF
January 21, 2011); The Congressional Review Act, 5 IMPLEMENTATION PLANS
• Does not impose an information U.S.C. 801 et seq., as added by the Small
collection burden under the provisions Business Regulatory Enforcement ■ 1. The authority citation for part 52
of the Paperwork Reduction Act (44 Fairness Act of 1996, generally provides continues to read as follows:
U.S.C. 3501 et seq.); that before a rule may take effect, the Authority: 42 U.S.C. 7401 et seq.
• Is certified as not having a agency promulgating the rule must
significant economic impact on a submit a rule report, which includes a Subpart SS—Texas
substantial number of small entities copy of the rule, to each House of the
under the Regulatory Flexibility Act (5 Congress and to the Comptroller General ■ 2. In § 52.2270:
U.S.C. 601 et seq.); of the United States. EPA will submit a ■ a. In paragraph (c), the table titled
• Does not contain any unfunded report containing this action and other ‘‘EPA Approved Regulations in the
mandate or significantly or uniquely required information to the U.S. Senate, Texas SIP’’ is amended by revising the
affect small governments, as described the U.S. House of Representatives, and entry for Section 111.147.
in the Unfunded Mandates Reform Act the Comptroller General of the United ■ b. In paragraph (e), the second table
of 1995 (Pub. L. 104–4); States prior to publication of the rule in titled ‘‘EPA-Approved Nonregulatory
• Does not have Federalism the Federal Register. A major rule Provisions and Quasi-Regulatory
implications as specified in Executive cannot take effect until 60 days after it Measures in the Texas SIP’’ is amended
Order 13132 (64 FR 43255, August 10, is published in the Federal Register. by adding an entry at the end for
1999); This action is not a ‘‘major rule’’ as ‘‘Revision to El Paso PM10 Attainment
• Is not an economically significant defined by 5 U.S.C. 804(2). Demonstration SIP’’.
regulatory action based on health or Under section 307(b)(1) of the Clean The revision and addition read as
safety risks subject to Executive Order Air Act, petitions for judicial review of follows:
13045 (62 FR 19885, April 23, 1997); this action must be filed in the United
• Is not a significant regulatory action States Court of Appeals for the § 52.2270 Identification of plan.
subject to Executive Order 13211 (66 FR appropriate circuit by February 12, * * * * *
28355, May 22, 2001); 2016. Filing a petition for (c) * * *

EPA APPROVED REGULATIONS IN THE TEXAS SIP
State
approval/
State citation Title/subject EPA approval date Explanation
submittal
date

* * * * * * *

Chapter 111 (Reg 1)—Control of Air Pollution From Visible Emissions and Particulate Matter
mstockstill on DSK4VPTVN1PROD with RULES

Subchapter A: Visible Emissions and Particulate Matter

VerDate Sep<11>2014 16:45 Dec 11, 2015 Jkt 238001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\14DER1.SGM 14DER1
Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations 77255

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State
approval/
State citation Title/subject EPA approval date Explanation
submittal
date

* * * * * * *

Division 4: Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots

* * * * * * *
Section 111.147 ........................... Roads, Streets, and Alleys .......... 1/25/2012 12/14/2015 [Insert FEDERAL REG-
ISTER citation].

* * * * * * *

* * * * * (e) * * *

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
State
Applicable geographic or submittal/
Name of SIP provision EPA approval date Comments
nonattainment area effective
date

* * * * * * *
Revision to El Paso PM10 Attain- El Paso, TX ................................. 3/7/2012 12/14/2015 [Insert FEDERAL REG-
ment Demonstration SIP (dust ISTER citation].
control contingency measures).

[FR Doc. 2015–31310 Filed 12–11–15; 8:45 am] or at the Office of Pesticide Programs provides a guide to help readers
BILLING CODE 6560–50–P Regulatory Public Docket (OPP Docket) determine whether this document
in the Environmental Protection Agency applies to them. Potentially affected
Docket Center (EPA/DC), West William entities may include:
ENVIRONMENTAL PROTECTION Jefferson Clinton Bldg., Rm. 3334, 1301 • Crop production (NAICS code 111).
AGENCY Constitution Ave. NW., Washington, DC • Animal production (NAICS code
20460–0001. The Public Reading Room 112).
40 CFR Part 180 is open from 8:30 a.m. to 4:30 p.m., • Food manufacturing (NAICS code
Monday through Friday, excluding legal 311).
[EPA–HQ–OPP–2014–0769; FRL–9937–22]
holidays. The telephone number for the • Pesticide manufacturing (NAICS
Naphthalene Acetates; Pesticide Public Reading Room is (202) 566–1744, code 32532).
Tolerances and the telephone number for the OPP B. How can I get electronic access to
Docket is (703) 305–5805. Please review other related information?
AGENCY: Environmental Protection the visitor instructions and additional
Agency (EPA). You may access a frequently updated
information about the docket available electronic version of EPA’s tolerance
ACTION: Final rule. at http://www.epa.gov/dockets. regulations at 40 CFR part 180 through
SUMMARY: This regulation establishes a FOR FURTHER INFORMATION CONTACT: the Government Printing Office’s e-CFR
tolerance for residues of the Susan Lewis, Registration Division site at http://www.ecfr.gov/cgi-bin/text-
naphthalene acetate group in or on (7505P), Office of Pesticide Programs, idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
pomegranate. Interregional Research Environmental Protection Agency, 1200 40tab_02.tpl.
Project Number 4 (IR–4) requested the Pennsylvania Ave. NW., Washington,
C. How can I file an objection or hearing
tolerance under the Federal Food, Drug, DC 20460–0001; main telephone
request?
and Cosmetic Act (FFDCA). number: (703) 305–7090; email address:
RDFRNotices@epa.gov. Under FFDCA section 408(g), 21
DATES: This regulation is effective
U.S.C. 346a, any person may file an
December 14, 2015. Objections and SUPPLEMENTARY INFORMATION:
objection to any aspect of this regulation
requests for hearings must be received I. General Information and may also request a hearing on those
on or before February 12, 2016, and objections. You must file your objection
must be filed in accordance with the A. Does this action apply to me?
or request a hearing on this regulation
mstockstill on DSK4VPTVN1PROD with RULES

instructions provided in 40 CFR part You may be potentially affected by in accordance with the instructions
178 (see also Unit I.C. of the this action if you are an agricultural provided in 40 CFR part 178. To ensure
SUPPLEMENTARY INFORMATION).
producer, food manufacturer, or proper receipt by EPA, you must
ADDRESSES: The docket for this action, pesticide manufacturer. The following identify docket ID number EPA–HQ–
identified by docket identification (ID) list of North American Industrial OPP–2014–0769 in the subject line on
number EPA–HQ–OPP–2014–0769, is Classification System (NAICS) codes is the first page of your submission. All
available at http://www.regulations.gov not intended to be exhaustive, but rather objections and requests for a hearing

VerDate Sep<11>2014 16:45 Dec 11, 2015 Jkt 238001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\14DER1.SGM 14DER1
Document Created: 2015-12-14 13:47:15
Document Modified: 2015-12-14 13:47:15
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		Final rule.
Dates		This final rule is effective on January 13, 2016.
Contact		Jeffrey Riley, 214-665-8542, [email protected]
FR Citation		80 FR 77253
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements