81 FR 1127 - Approval and Promulgation of Implementation Plans; Infrastructure and Interstate Transport State Implementation Plan for the 2010 Sulfur Dioxide National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 6 (January 11, 2016)
Federal Register Volume 81, Issue 6 (January 11, 2016)
| Page Range | 1127-1128 | |
| FR Document | 2015-33180 |
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)] [Rules and Regulations] [Pages 1127-1128] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-33180] [[Page 1127]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2013-0388; FRL-9940-86-Region 6] Approval and Promulgation of Implementation Plans; Infrastructure and Interstate Transport State Implementation Plan for the 2010 Sulfur Dioxide National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving elements of a State Implementation Plan (SIP) submission from the State of Texas for the Sulfur Dioxide (SO2 ) National Ambient Air Quality Standards (NAAQS). The submittal addresses how the existing SIP provides for implementation, maintenance, and enforcement of the 2010 SO2 NAAQS (infrastructure SIP or i-SIP). This i-SIP ensures that the State's SIP is adequate to meet the state's responsibilities under the Federal Clean Air Act (CAA). DATES: This final rule is effective on February 10, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2013-0388. 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 EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: Nevine Salem, 214-665-7222, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background The background for this action is discussed in detail in our October 6, 2015 proposal (80 FR 60314). In that document, we proposed to approve portions of the SIP submittal from the State of Texas adopted on April 23, 2013, and submitted on May 6, 2013. The submittal addresses how the existing SIP provides for implementation, maintenance, and enforcement of the 2010 SO2 NAAQS. This i- SIP ensures that the State's SIP is adequate to meet the state's responsibilities under the CAA. We did not receive any comments regarding our proposal. II. Final Action EPA is approving portions of the May 6, 2013, infrastructure SIP submission from Texas, which addresses the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2010 SO2 NAAQS. Specifically, EPA is approving the following infrastructure elements, or portions thereof: 110(a)(2)(A), (B), (C), (D)(i)(II) (PSD portion), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA is not taking action on: The portion pertaining to section 110(a)(2)(D)(i)(I), which concerns interstate pollution transport affecting attainment and maintenance of the NAAQS and the portion pertaining to section 110(a)(2)(D)(i)(II) pertaining to visibility protection. 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, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 March 11, 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).) [[Page 1128]] List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur dioxide. Dated: December 23, 2015. Samuel Coleman, Acting Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart SS--Texas 0 2. In Sec. 52.2270(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 ``Infrastructure and Transport SIP Revision for the 2010 SO 2 NAAQS'' to read as follows: Sec. 52.2270 Identification of plan. * * * * * (e) * * * EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP ---------------------------------------------------------------------------------------------------------------- Applicable geographic or State Name of SIP provision nonattainment submittal/ EPA approval date Comments area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Infrastructure and Transport SIP Statewide 5/6/2013 1/11/2016 [Insert Approval for CAA Revision for the 2010 SO2 NAAQS. Federal Register elements 110(a)(2)(A), citation]. (B), (C), (D)(i)(II) (PSD portion), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-33180 Filed 1-8-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations 1127
ENVIRONMENTAL PROTECTION The submittal addresses how the • Is not an economically significant
AGENCY existing SIP provides for regulatory action based on health or
implementation, maintenance, and safety risks subject to Executive Order
40 CFR Part 52 enforcement of the 2010 SO2 NAAQS. 13045 (62 FR 19885, April 23, 1997);
[EPA–R06–OAR–2013–0388; FRL–9940–86– This i-SIP ensures that the State’s SIP is • Is not a significant regulatory action
Region 6] adequate to meet the state’s subject to Executive Order 13211 (66 FR
responsibilities under the CAA. We did 28355, May 22, 2001);
Approval and Promulgation of not receive any comments regarding our • Is not subject to requirements of
Implementation Plans; Infrastructure proposal. section 12(d) of the National
and Interstate Transport State Technology Transfer and Advancement
II. Final Action
Implementation Plan for the 2010 Act of 1995 (15 U.S.C. 272 note) because
Sulfur Dioxide National Ambient Air EPA is approving portions of the May application of those requirements would
Quality Standards 6, 2013, infrastructure SIP submission be inconsistent with the Clean Air Act;
from Texas, which addresses the and
AGENCY: Environmental Protection requirements of CAA sections 110(a)(1)
Agency (EPA). • Does not provide EPA with the
and (2) as applicable to the 2010 SO2 discretionary authority to address, as
ACTION: Final rule. NAAQS. Specifically, EPA is approving appropriate, disproportionate human
SUMMARY: The Environmental Protection the following infrastructure elements, or health or environmental effects, using
Agency (EPA) is approving elements of portions thereof: 110(a)(2)(A), (B), (C), practicable and legally permissible
a State Implementation Plan (SIP) (D)(i)(II) (PSD portion), D(ii), (E), (F), methods, under Executive Order 12898
submission from the State of Texas for (G), (H), (J), (K), (L), and (M). EPA is not (59 FR 7629, February 16, 1994).
the Sulfur Dioxide (SO2) National taking action on: The portion pertaining
to section 110(a)(2)(D)(i)(I), which In addition, the SIP is not approved to
Ambient Air Quality Standards apply on any Indian reservation land or
(NAAQS). The submittal addresses how concerns interstate pollution transport
affecting attainment and maintenance of in any other area where EPA or an
the existing SIP provides for Indian tribe has demonstrated that a
implementation, maintenance, and the NAAQS and the portion pertaining
to section 110(a)(2)(D)(i)(II) pertaining to tribe has jurisdiction. In those areas of
enforcement of the 2010 SO2 NAAQS Indian country, the rule does not have
(infrastructure SIP or i-SIP). This i-SIP visibility protection.
tribal implications and will not impose
ensures that the State’s SIP is adequate III. Statutory and Executive Order substantial direct costs on tribal
to meet the state’s responsibilities under Reviews governments or preempt tribal law as
the Federal Clean Air Act (CAA). specified by Executive Order 13175 (65
Under the CAA, the Administrator is
DATES: This final rule is effective on required to approve a SIP submission FR 67249, November 9, 2000).
February 10, 2016. that complies with the provisions of the The Congressional Review Act, 5
ADDRESSES: EPA has established a Act and applicable Federal regulations. U.S.C. 801 et seq., as added by the Small
docket for this action under Docket ID 42 U.S.C. 7410(k); 40 CFR 52.02(a). Business Regulatory Enforcement
No. EPA–R06–OAR–2013–0388. All Thus, in reviewing SIP submissions, Fairness Act of 1996, generally provides
documents in the docket are listed on EPA’s role is to approve state choices, that before a rule may take effect, the
the http://www.regulations.gov Web provided that they meet the criteria of agency promulgating the rule must
site. Although listed in the index, some the CAA. Accordingly, this action submit a rule report, which includes a
information is not publicly available, merely approves state law as meeting copy of the rule, to each House of the
e.g., Confidential Business Information Federal requirements and does not Congress and to the Comptroller General
or other information whose disclosure is impose additional requirements beyond of the United States. EPA will submit a
restricted by statute. Certain other those imposed by state law. For that report containing this action and other
material, such as copyrighted material, reason, this action: required information to the U.S. Senate,
is not placed on the Internet and will be • Is not a ‘‘significant regulatory the U.S. House of Representatives, and
publicly available only in hard copy action’’ subject to review by the Office the Comptroller General of the United
form. Publicly available docket of Management and Budget under States prior to publication of the rule in
materials are available either Executive Orders 12866 (58 FR 51735, the Federal Register. A major rule
electronically through http:// October 4, 1993) and 13563 (76 FR 3821, cannot take effect until 60 days after it
www.regulations.gov or in hard copy at January 21, 2011); is published in the Federal Register.
EPA Region 6, 1445 Ross Avenue, Suite • Does not impose an information This action is not a ‘‘major rule’’ as
700, Dallas, Texas 75202–2733. collection burden under the provisions defined by 5 U.S.C. 804(2).
FOR FURTHER INFORMATION CONTACT: of the Paperwork Reduction Act (44 Under section 307(b)(1) of the Clean
Nevine Salem, 214–665–7222, U.S.C. 3501 et seq.); Air Act, petitions for judicial review of
salem.nevine@epa.gov. • Is certified as not having a this action must be filed in the United
SUPPLEMENTARY INFORMATION: significant economic impact on a States Court of Appeals for the
Throughout this document wherever substantial number of small entities appropriate circuit by March 11, 2016.
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean under the Regulatory Flexibility Act (5 Filing a petition for reconsideration by
the EPA. U.S.C. 601 et seq.); the Administrator of this final rule does
• Does not contain any unfunded not affect the finality of this action for
I. Background mandate or significantly or uniquely the purposed of judicial review nor does
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The background for this action is affect small governments, as described it extend the time within which a
discussed in detail in our October 6, in the Unfunded Mandates Reform Act petition for judicial review may be filed,
2015 proposal (80 FR 60314). In that of 1995 (Pub. L. 104–4); and shall not postpone the effectiveness
document, we proposed to approve • Does not have Federalism of such rule or action. This action may
portions of the SIP submittal from the implications as specified in Executive not be challenged later in proceedings to
State of Texas adopted on April 23, Order 13132 (64 FR 43255, August 10, enforce its requirements. (See section
2013, and submitted on May 6, 2013. 1999); 307(b)(2).)
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![1128 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations
List of Subjects in 40 CFR Part 52 PART 52—APPROVAL AND Provisions and Quasi-Regulatory
PROMULGATION OF Measures in the Texas SIP’’ is amended
Environmental protection, Air
IMPLEMENTATION PLANS by adding an entry at the end for
pollution control, Incorporation by
‘‘Infrastructure and Transport SIP
reference, Intergovernmental relations, ■ 1. The authority citation for part 52 Revision for the 2010 SO2 NAAQS’’ to
Reporting and recordkeeping continues to read as follows:
requirements, Sulfur dioxide. read as follows:
Authority: 42 U.S.C. 7401 et seq.
§ 52.2270 Identification of plan.
Dated: December 23, 2015.
Subpart SS—Texas * * * * *
Samuel Coleman,
Acting Regional Administrator, Region 6. ■ 2. In § 52.2270(e), the second table (e) * * *
40 CFR part 52 is amended as follows: titled ‘‘EPA Approved Nonregulatory
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Applicable State
geographic or submittal/
Name of SIP provision EPA approval date Comments
nonattainment effective
area date
* * * * * * *
Infrastructure and Transport SIP Statewide 5/6/2013 1/11/2016 [Insert Fed- Approval for CAA elements 110(a)(2)(A), (B),
Revision for the 2010 SO2 eral Register cita- (C), (D)(i)(II) (PSD portion), D(ii), (E), (F),
NAAQS. tion]. (G), (H), (J), (K), (L), and (M).
[FR Doc. 2015–33180 Filed 1–8–16; 8:45 am] ADDRESSES: Submit your comments, I. Introduction
BILLING CODE 6560–50–P identified by Docket ID No. EPA–R10–
OAR–2015–0813, at http:// This action is being taken pursuant to
www.regulations.gov. Follow the online Executive Order 13563—Improving
ENVIRONMENTAL PROTECTION instructions for submitting comments. Regulation and Regulatory Review. It is
AGENCY Once submitted, comments cannot be intended to reduce the number of pages
edited or removed from Regulations.gov. in the CFR by identifying those rules in
40 CFR Part 52 40 CFR part 52, subpart WW, for the
The EPA may publish any comment
received to its public docket. Do not State of Washington that are
[EPA–R10–OAR–2015–0813; FRL–9940–93– submit electronically any information duplicative, outdated, or obsolete. These
Region 10]
you consider to be Confidential rules no longer have any use or legal
Business Information (CBI) or other effect because they have been
Approval and Promulgation of superseded by subsequently approved
Implementation Plans; Washington; information whose disclosure is
restricted by statute. Multimedia SIP revisions. This action also amends
Removal of Obsolete Regulations certain rules by revising outdated
submissions (audio, video, etc.) must be
AGENCY: Environmental Protection accompanied by a written comment. citations and updating provisions based
Agency (EPA). The written comment is considered the on more recent ambient air quality
official comment and should include monitoring data. One aspect of the
ACTION: Direct final rule.
discussion of all points you wish to EPA’s action removes historical
SUMMARY: The Environmental Protection make. The EPA will generally not information found in the ‘‘Original
Agency (EPA) is taking direct final consider comments or comment Identification of plan’’ section in 40 CFR
action to remove outdated rules in the contents located outside of the primary 52.2477. This section is no longer
Code of Federal Regulations (CFR) for submission (i.e. on the web, cloud, or necessary because the EPA promulgated
the State of Washington because they other file sharing system). For administrative rule actions to replace
are unnecessary or obsolete. The EPA is additional submission methods, the full these paragraphs with summary tables
also clarifying regulations to reflect EPA public comment policy, in 40 CFR 52.2470 (78 FR 17108, March
updated citations and more recent air information about CBI or multimedia 20, 2013). These summary tables
quality monitoring data. This direct submissions, and general guidance on describe the regulations, source-specific
final action makes no substantive making effective comments, please visit actions, and non-regulatory
changes to the State Implementation http://www2.epa.gov/dockets/ requirements which comprise the SIP.
Plan (SIP) and imposes no new commenting-epa-dockets.
requirements. II. Removal of Obsolete or Unnecessary
FOR FURTHER INFORMATION CONTACT: Jeff Rules and Clarifications to Certain
DATES: This rule is effective on March Hunt, EPA Region 10, (206) 553–0256, Rules
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11, 2016, without further notice, unless hunt.jeff@epa.gov.
the EPA receives adverse comment by The EPA reviewed the following
February 10, 2016. If the EPA receives SUPPLEMENTARY INFORMATION: regulations and found that they should
adverse comment, we will publish a Throughout this document whenever be removed or revised for the reasons
timely withdrawal in the Federal ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, it is set forth as follows:
Register informing the public that the intended to refer to the EPA.
rule will not take effect.
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Document Created: 2016-01-16 01:05:51
Document Modified: 2016-01-16 01:05:51
| 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 February 10, 2016. | |
| Contact | Nevine Salem, 214-665-7222, [email protected] | |
| FR Citation | 81 FR 1127 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Dioxide |
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