81 FR 1881 - Approval and Promulgation of Air Quality Implementation Plans; Texas; Infrastructure and Interstate Transport for the 2008 Lead National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 9 (January 14, 2016)
Federal Register Volume 81, Issue 9 (January 14, 2016)
| Page Range | 1881-1882 | |
| FR Document | 2016-00574 |
[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)] [Rules and Regulations] [Pages 1881-1882] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00574] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2011-0864; FRL-9941-29-Region 6] Approval and Promulgation of Air Quality Implementation Plans; Texas; Infrastructure and Interstate Transport for the 2008 Lead National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Under the Federal Clean Air Act (CAA) the Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) submission from the State of Texas for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS). The submittal addresses how the existing SIP provides for implementation, maintenance, and enforcement of the 2008 Pb 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 CAA, including the four CAA requirements for interstate transport of Pb emissions. DATES: This final rule is effective on February 16, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2011-0864. 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: Tracie Donaldson, 214-665-6633, donaldson.tracie@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' means the EPA. I. Background The background for this action is discussed in detail in our October 15, 2015, proposal (80 FR 62003). In that document, we proposed that the Texas i-SIP submittal for the 2008 Pb NAAQS met the requirements for an i-SIP, including the requirements for interstate transport of Pb emissions. This action is being taken under section 110 of the Act. We did not receive any comments regarding our proposed approval. II. Final Action We are approving the September 8, 2011 and October 13, 2011, submissions from Texas, which address the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2008 Pb NAAQS. Specifically, we are approving these infrastructure elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). We are also approving the Texas demonstration that it meets the four statutory requirements for interstate transport of Pb emissions. III. 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, 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); [[Page 1882]] 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 14, 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, Intergovernmental relations, Lead (Pb), Reporting and recordkeeping requirements. Dated: January 5, 2016. 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, the second table in paragraph (e) titled ``EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP'' is amended by adding the entry ``Infrastructure and Interstate Transport for the 2008 Pb NAAQS'' at the end of the table 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 submittal/ Name of SIP provision nonattainment effective date EPA approval date Comments area ---------------------------------------------------------------------------------------------------------------- * * * * * * * Infrastructure and Interstate Statewide........ 9/8/2011, 10/13/2011 1/14/2016 [Insert ................. Transport for the 2008 Pb Federal Register NAAQS. citation]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-00574 Filed 1-13-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations 1881
Unfunded Mandates Reform Act of ENVIRONMENTAL PROTECTION including the requirements for interstate
1995 AGENCY transport of Pb emissions. This action is
being taken under section 110 of the
This rule will not cause State, local 40 CFR Part 52 Act. We did not receive any comments
and tribal governments, or the private regarding our proposed approval.
sector, to spend $100,000,000 or more in [EPA–R06–OAR–2011–0864; FRL–9941–29–
Region 6] II. Final Action
any one year, and it will not
significantly or uniquely affect small Approval and Promulgation of Air We are approving the September 8,
governments. We do not need to take Quality Implementation Plans; Texas; 2011 and October 13, 2011, submissions
action under the Unfunded Mandates Infrastructure and Interstate Transport from Texas, which address the
Reform Act of 1995. for the 2008 Lead National Ambient Air requirements of CAA sections 110(a)(1)
Small Business Regulatory Enforcement Quality Standards and (2) as applicable to the 2008 Pb
Fairness Act of 1996 NAAQS. Specifically, we are approving
AGENCY: Environmental Protection these infrastructure elements:
This rule is not a major rule as Agency (EPA). 110(a)(2)(A), (B), (C), (D), (E), (F), (G),
defined by § 804 of the Small Business ACTION: Final rule. (H), (J), (K), (L), and (M). We are also
Regulatory Enforcement Fairness Act of approving the Texas demonstration that
SUMMARY: Under the Federal Clean Air it meets the four statutory requirements
1996. This rule will not result in an
Act (CAA) the Environmental Protection for interstate transport of Pb emissions.
annual effect on the economy of
Agency (EPA) is approving a State
$100,000,000 or more; a major increase III. Statutory and Executive Order
Implementation Plan (SIP) submission
in costs or prices; or significant adverse Reviews
from the State of Texas for the 2008
effects on competition, employment,
Lead (Pb) National Ambient Air Quality Under the Clean Air Act, the
investment, productivity, innovation, or
Standards (NAAQS). The submittal Administrator is required to approve a
on the ability of United States-based
addresses how the existing SIP provides SIP submission that complies with the
companies to compete with foreign-
for implementation, maintenance, and provisions of the Act and applicable
based companies in domestic and
enforcement of the 2008 Pb NAAQS Federal regulations. 42 U.S.C. 7410(k);
export markets.
(infrastructure SIP or i-SIP). This i-SIP 40 CFR 52.02(a). Thus, in reviewing SIP
List of Subjects in 28 CFR Part 571 ensures that the State’s SIP is adequate submissions, the EPA’s role is to
to meet the state’s responsibilities under approve state choices, provided that
Prisoners. the CAA, including the four CAA they meet the criteria of the Clean Air
Charles E. Samuels, Jr., requirements for interstate transport of Act. Accordingly, this action merely
Pb emissions. approves state law as meeting Federal
Director, Bureau of Prisons.
DATES: This final rule is effective on requirements and does not impose
Under rulemaking authority vested in February 16, 2016. additional requirements beyond those
the Attorney General in 5 U.S.C. 301 ADDRESSES: The EPA has established a imposed by state law. For that reason,
and 28 U.S.C. 509, 510, and delegated docket for this action under Docket ID this action:
to the Director, Bureau of Prisons in 28 No. EPA–R06–OAR–2011–0864. All • Is not a ‘‘significant regulatory
CFR 0.96, we amend 28 CFR part 571 as documents in the docket are listed on action’’ subject to review by the Office
set forth below. the http://www.regulations.gov Web of Management and Budget under
SUBCHAPTER D—COMMUNITY site. Although listed in the index, some Executive Orders 12866 (58 FR 51735,
PROGRAMS AND RELEASE information is not publicly available, October 4, 1993) and 13563 (76 FR 3821,
e.g., Confidential Business Information January 21, 2011);
PART 571—RELEASE FROM or other information whose disclosure is • Does not impose an information
CUSTODY restricted by statute. Certain other collection burden under the provisions
material, such as copyrighted material, of the Paperwork Reduction Act (44
■ 1. The authority citation for 28 CFR is not placed on the Internet and will be U.S.C. 3501 et seq.);
part 571 continues to read as follows: publicly available only in hard copy • Is certified as not having a
form. Publicly available docket significant economic impact on a
Authority: 5 U.S.C. 301; 18 U.S.C. 3565,
3568–3569 (Repealed in part as to offenses
materials are available either substantial number of small entities
committed on or after November 1, 1987),
electronically through http:// under the Regulatory Flexibility Act (5
3582, 3621, 3622, 3624, 4001, 4042, 4081, www.regulations.gov or in hard copy at U.S.C. 601 et seq.);
4082 (Repealed in part as to offenses the EPA Region 6, 1445 Ross Avenue, • Does not contain any unfunded
committed on or after November 1, 1987), Suite 700, Dallas, Texas 75202–2733. mandate or significantly or uniquely
4161–4166 and 4201–4218 (Repealed as to FOR FURTHER INFORMATION CONTACT: affect small governments, described in
offenses committed on or after November 1, Tracie Donaldson, 214–665–6633, the Unfunded Mandates Reform Act of
1987), 5006–5024 (Repealed October 12, 1984 donaldson.tracie@epa.gov. 1995 (Pub. L. 104–4);
as to offenses committed after that date), SUPPLEMENTARY INFORMATION: • Does not have Federalism
5031–5042; 28 U.S.C. 509, 510; U.S. Const., Throughout this document ‘‘we,’’ ‘‘us,’’ implications as specified in Executive
Art. II, Sec. 2; 28 CFR 0.95–0.99, 1.1–1.10. and ‘‘our’’ means the EPA. Order 13132 (64 FR 43255, August 10,
1999);
mstockstill on DSK4VPTVN1PROD with RULES
Subpart H—[Removed and Reserved] I. Background • Is not an economically significant
The background for this action is regulatory action based on health or
■ 2. Subpart H, Designation of Offenses discussed in detail in our October 15, safety risks subject to Executive Order
for Purposes of 18 U.S.C. 4042(c) is 2015, proposal (80 FR 62003). In that 13045 (62 FR 19885, April 23, 1997);
removed and reserved. document, we proposed that the Texas • Is not a significant regulatory action
[FR Doc. 2016–00385 Filed 1–13–16; 8:45 am] i-SIP submittal for the 2008 Pb NAAQS subject to Executive Order 13211 (66 FR
BILLING CODE 4410–05–P met the requirements for an i-SIP, 28355, May 22, 2001);
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![1882 Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations
• Is not subject to requirements of copy of the rule, to each House of the reference, Intergovernmental relations,
section 12(d) of the National Congress and to the Comptroller General Lead (Pb), Reporting and recordkeeping
Technology Transfer and Advancement of the United States. EPA will submit a requirements.
Act of 1995 (15 U.S.C. 272 note) because report containing this action and other
Dated: January 5, 2016.
application of those requirements would required information to the U.S. Senate,
be inconsistent with the Clean Air Act; the U.S. House of Representatives, and Ron Curry,
and the Comptroller General of the United Regional Administrator, Region 6.
• Does not provide EPA with the States prior to publication of the rule in 40 CFR part 52 is amended as follows:
discretionary authority to address, as the Federal Register. A major rule
appropriate, disproportionate human cannot take effect until 60 days after it PART 52—APPROVAL AND
health or environmental effects, using is published in the Federal Register. PROMULGATION OF
practicable and legally permissible This action is not a ‘‘major rule’’ as IMPLEMENTATION PLANS
methods, under Executive Order 12898 defined by 5 U.S.C. 804(2).
(59 FR 7629, February 16, 1994). Under section 307(b)(1) of the Clean
■ 1. The authority citation for part 52
Air Act, petitions for judicial review of
In addition, the SIP is not approved to this action must be filed in the United continues to read as follows:
apply on any Indian reservation land or States Court of Appeals for the Authority: 42 U.S.C. 7401 et seq.
in any other area where EPA or an appropriate circuit by March 14, 2016.
Indian tribe has demonstrated that a Filing a petition for reconsideration by Subpart SS—Texas
tribe has jurisdiction. In those areas of the Administrator of this final rule does
Indian country, the rule does not have not affect the finality of this action for ■ 2. In § 52.2270, the second table in
tribal implications and will not impose the purposed of judicial review nor does paragraph (e) titled ‘‘EPA Approved
substantial direct costs on tribal it extend the time within which a Nonregulatory Provisions and Quasi-
governments or preempt tribal law as petition for judicial review may be filed, Regulatory Measures in the Texas SIP’’
specified by Executive Order 13175 (65 and shall not postpone the effectiveness is amended by adding the entry
FR 67249, November 9, 2000). of such rule or action. This action may ‘‘Infrastructure and Interstate Transport
The Congressional Review Act, 5 not be challenged later in proceedings to for the 2008 Pb NAAQS’’ at the end of
U.S.C. 801 et seq., as added by the Small enforce its requirements. (See section
Business Regulatory Enforcement the table to read as follows:
307(b)(2)).
Fairness Act of 1996, generally provides § 52.2270 Identification of plan.
that before a rule may take effect, the List of Subjects in 40 CFR Part 52
* * * * *
agency promulgating the rule must Environmental protection, Air
submit a rule report, which includes a pollution control, Incorporation by (e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Applicable geographic or State submittal/effective
Name of SIP provision EPA approval date Comments
nonattainment area date
* * * * * * *
Infrastructure and Interstate Statewide ........................... 9/8/2011, 10/13/2011 1/14/2016 [Insert Federal
Transport for the 2008 Pb Register citation].
NAAQS.
[FR Doc. 2016–00574 Filed 1–13–16; 8:45 am] (SIP). The SIP revisions include San Francisco, California 94105–3901.
BILLING CODE 6560–50–P rescission of four local rules that While all documents in the docket are
collectively apply to sources that emit listed at http://www.regulations.gov,
volatile organic compounds (VOCs), some information may be publicly
ENVIRONMENTAL PROTECTION oxides of sulfur (SOX), and particulate available only at the hard copy location
AGENCY matter (PM). In this final action, the (e.g., copyrighted material, large maps,
EPA is approving the rescission of two multi-volume reports), and some may
40 CFR Part 52 of the rules and disapproving the not be available in either location (e.g.,
[EPA–R09–OAR–2015–0673; FRL–9941–13– rescission of the other two rules. confidential business information
Region 9] Approval of the rescission of the two (CBI)). To inspect the hard copy
local rules removes them from the materials, please schedule an
Partial Approval and Disapproval of Nevada SIP. The two rules for which the appointment during normal business
Nevada Air Plan Revisions, Clark EPA is disapproving rescission remain hours with the contact listed in the FOR
County in the Nevada SIP. FURTHER INFORMATION CONTACT section.
DATES: This rule is effective on February FOR FURTHER INFORMATION CONTACT:
AGENCY: Environmental Protection
Agency (EPA). 16, 2016. Kevin Gong, EPA Region IX, (415) 972–
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ADDRESSES: The EPA has established 3073, Gong.Kevin@epa.gov.
ACTION: Final rule.
docket number EPA–R09–OAR–2015– SUPPLEMENTARY INFORMATION:
SUMMARY: The Environmental Protection 0673 for this action. Generally, Throughout this document, ‘‘we,’’ ‘‘us’’
Agency (EPA) is finalizing a partial documents in the docket for this action and ‘‘our’’ refer to the EPA.
approval and partial disapproval of are available electronically at http://
revisions to the Clark County portion of www.regulations.gov or in hard copy at Table of Contents
the Nevada State Implementation Plan EPA Region IX, 75 Hawthorne Street, I. Proposed Action
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Document Created: 2016-01-14 02:50:47
Document Modified: 2016-01-14 02:50:47
| 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 16, 2016. | |
| Contact | Tracie Donaldson, 214-665-6633, [email protected] | |
| FR Citation | 81 FR 1881 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead (pb) and Reporting and Recordkeeping Requirements |
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