81_FR_69880 81 FR 69685 - Approval and Promulgation of Air Quality Implementation Plans; Texas; Infrastructure Requirements for Consultation With Government Officials, Public Notification and Prevention of Significant Deterioration and Visibility Protection for the 2008 Ozone and 2010 Nitrogen Dioxide National Ambient Air Quality Standards

81 FR 69685 - Approval and Promulgation of Air Quality Implementation Plans; Texas; Infrastructure Requirements for Consultation With Government Officials, Public Notification and Prevention of Significant Deterioration and Visibility Protection for the 2008 Ozone and 2010 Nitrogen Dioxide National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 195 (October 7, 2016)

Page Range69685-69687
FR Document2016-24115

The Environmental Protection Agency (EPA) is approving portions of State Implementation Plan (SIP) submittals from the State of Texas pertaining to Clean Air Act (CAA) section 110(a)(2)(J): Consultation with Government Officials, Public Notification, and Prevention of Significant Deterioration and Visibility Protection for the 2008 Ozone (O<INF>3</INF>) and 2010 Nitrogen Dioxide (NO<INF>2</INF>) National Ambient Air Quality Standards (NAAQS). These submittals address how the existing SIP provides for implementation, maintenance, and enforcement of the 2008 O<INF>3</INF> and 2010 NO<INF>2</INF> NAAQS (infrastructure SIPs or i-SIPs). These i-SIPs ensure that the SIP is adequate to meet the State's responsibilities under the CAA. This direct final rule and the accompanying proposal will complete the rulemaking process started in our February 8, 2016, proposal, approve Section 110(a)(2)(J), and confirm that the SIP has adequate infrastructure to implement, maintain and enforce this section of the CAA with regard to the 2008 O<INF>3</INF> and 2010 NO<INF>2</INF> NAAQS.

Federal Register, Volume 81 Issue 195 (Friday, October 7, 2016)
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Rules and Regulations]
[Pages 69685-69687]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24115]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0953; FRL-9952-76-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Infrastructure Requirements for Consultation With Government 
Officials, Public Notification and Prevention of Significant 
Deterioration and Visibility Protection for the 2008 Ozone and 2010 
Nitrogen Dioxide National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of State Implementation Plan (SIP) submittals from the State 
of Texas pertaining to Clean Air Act (CAA) section 110(a)(2)(J): 
Consultation with Government Officials, Public Notification, and 
Prevention of Significant Deterioration and Visibility Protection for 
the 2008 Ozone (O3) and 2010 Nitrogen Dioxide 
(NO2) National Ambient Air Quality Standards (NAAQS). These 
submittals address how the existing SIP provides for implementation, 
maintenance, and enforcement of the 2008 O3 and 2010 
NO2 NAAQS (infrastructure SIPs or i-SIPs). These i-SIPs 
ensure that the SIP is adequate to meet the State's responsibilities 
under the CAA. This direct final rule and the accompanying proposal 
will complete the rulemaking process started in our February 8, 2016, 
proposal, approve Section 110(a)(2)(J), and confirm that the SIP has 
adequate infrastructure to implement, maintain and enforce this section 
of the CAA with regard to the 2008 O3 and 2010 
NO2 NAAQS.

DATES: This rule is effective on December 6, 2016 without further 
notice, unless the EPA receives relevant adverse comment by November 7, 
2016. 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-
2012-0953, at http://www.regulations.gov or via email to 
fuerst.sherry@epa.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. 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. 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 submission methods, please contact Sherry Fuerst, (214) 665-
6454, fuerst.sherry@epa.gov. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, 214-665-6454, 
fuerst.sherry@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with Ms. Fuerst or Bill Deese at 214-665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means EPA.

I. Background

    On March 12, 2008, EPA revised the levels of the ozone (hereafter 
the 2008 O3) NAAQS (73 FR 16436, March 27, 2008). Likewise, 
on January 22, 2010, we revised the nitrogen dioxide NAAQS (hereafter 
the 2010 NO2) (75 FR 6474, February 9, 2010). The CAA 
requires states to submit, within three years after promulgation of a 
new or revised standard, SIPs meeting the applicable ``infrastructure'' 
elements of sections 110(a)(1) and (2). We issued guidance addressing 
the i-SIP elements for NAAQS.\1\ One of these applicable infrastructure 
elements, CAA section 110(a)(2)(J), requires the SIP must meet the 
following three CAA requirements: (1) Section 121, relating to 
interagency consultation regarding certain CAA requirements; (2) 
section 127, relating to public notification of NAAQS exceedances and 
related issues; and (3) prevention of significant deterioration of air 
quality and visibility protection.
---------------------------------------------------------------------------

    \1\ ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),'' 
Memorandum from Stephen D. Page, September 13, 2013.
---------------------------------------------------------------------------

    The Texas Commission on Environmental Quality submitted i-SIP 
demonstrations of how the existing Texas SIP meets the requirements of 
the 2010 NO2 NAAQS on December 7, 2012, and for the 2008 
O3 NAAQS on

[[Page 69686]]

December 13, 2012. A detailed discussion of our evaluation of how the 
Texas submittals meet 110(a)(2)(J) is provided in our February 8, 2016 
proposal (81 FR 6483 at 6486)) and in the Technical Support Document 
(TSD) for that action. The TSD can be accessed through 
www.regulations.gov (Document EPA-R06-OAR-2012-0953-002). We proposed 
to approve elements of the i-SIP submittals from the State of Texas for 
the O3 and NO2 NAAQS but for element (J) and 
subsequently, we took final action to approve all but element (J) on 
September 9, 2016 (81 FR 62375). However, through inadvertent errors, 
we neglected to complete the rulemaking process for CAA section 
110(a)(2)(J) for both O3 and NO2 NAAQS in the 
proposal and final documents.

II. EPA's Evaluation

    In the proposal, we discussed how the requirements of section 
110(a)(2)(J) for both NO2 and O3 NAAQS were met. 
However, we neglected to explicitly propose approval of the specific 
provisions of Section 110(a)(2)(J) anywhere in the Preamble and 
definitely not in our ``Proposed Action'' section at 81 FR 6487. The 
public had the opportunity to review and comment on our evaluation of 
this provision in the Preamble but we never formally proposed this 
provision for approval. As such, we could not finalize approval of 
section 110(a)(2)(J) for the 2008 O3 and 2010 NO2 
NAAQS at 81 FR 62375.
    Please see EPA's proposed approval at 81 FR 6483 for our technical 
evaluation. The evaluation of all subsections of CAA section 
110(a)(2)(J) can be found at 81 FR 6483, page 6486. The TSD for 81 FR 
6483 is available in the docket, provides additional details to support 
our determination that this element meets the federal requirements and 
is fully approvable. We incorporate our previous evaluation of this 
element into this action. EPA did receive and respond to comments on 
the proposed action, but none of the comments received were specific to 
element (J) of CAA section 110(a)(2). See 81 FR 62375 September 9, 
2016. Our evaluation and preliminary determination of approvability did 
not change as a result of these comments.
    This final action is merely correcting our previous error in 
failing to propose approval of this element on the basis of our 
previous technical evaluation and preliminary determination. EPA has 
not changed its rationale. We therefore are approving the portions of 
the December 13, 2012, and December 7, 2012, i-SIP submissions from 
Texas as meeting the infrastructure element (J) for the 2008 ozone 
NAAQS and the 2010 NO2 NAAQS. We continue to assert that Texas' 
existing SIP provides for implementation, maintenance, and enforcement 
of the 2008 O3 and 2010 NO2 NAAQS.

III. Final Action

    We are approving portions of the following SIP submittals 
pertaining to CAA section 110(a)(2)(J): (1) December 13, 2012, SIP 
submittal for the State of Texas pertaining to the implementation, 
maintenance and enforcement of the 2008 ozone NAAQS, and; (2) December 
7, 2012, SIP submittal pertaining to the implementation, maintenance 
and enforcement of the 2010 nitrogen dioxide NAAQS as outlined in our 
February 8, 2016, proposal.
    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 December 6, 2016 
without further notice unless we receive relevant adverse comment by 
November 7, 2016. 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.

IV. 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 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 rule 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

[[Page 69687]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 6, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes 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).)
    Samuel Coleman was designated the Acting Regional Administrator on 
September 30, 2016, through the order of succession outlined in 
Regional Order R6-1110.1, a copy of which is included in the docket for 
this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone.

    Dated: September 30, 2016.
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 table titled ``EPA Approved Nonregulatory 
Provisions and Quasi-Regulatory Measures in the Texas SIP'' is amended 
by revising the entries for ``Infrastructure and Transport SIP 
Revisions for the 2010 Nitrogen Dioxide Standard'' and ``Infrastructure 
and Transport SIP Revisions for the 2008 Ozone Standard'' to read as 
follows.


Sec.  52.2270  Identification of plan.

* * * * *
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                             State
     Name of SIP provision      Applicable  geographic    submittal/    EPA approval date         Comments
                                or  nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Infrastructure and Transport    Statewide.............       12/7/2012  9/9/2016, 81 FR    Approval for
 SIP Revisions for the 2010                                              62375.             110(a)(2)(A), (B),
 Nitrogen Dioxide Standard.                                                                 (C), (D)(i)
                                                                                            (portions pertaining
                                                                                            to nonattainment and
                                                                                            interference with
                                                                                            maintenance), D(ii),
                                                                                            (E), (F), (G), (H),
                                                                                            (K), (L) and (M).
                                                                                            Approval for
                                                                                            110(a)(2)(J) on 10/7/
                                                                                            2016, [Insert
                                                                                            Federal Register
                                                                                            citation].
Infrastructure and Transport    Statewide.............      12/13/2012  9/9/2016, 81 FR    Approval for
 SIP Revisions for the 2008                                              62375.             110(a)(2)(A), (B),
 Ozone Standard.                                                                            (C), (D)(i) (portion
                                                                                            pertaining to PSD),
                                                                                            D(ii), (E), (F),
                                                                                            (G), (H), (K), (L)
                                                                                            and (M). Approval
                                                                                            for 110(a)(2)(J) 10/
                                                                                            7/2016, [Insert
                                                                                            Federal Register
                                                                                            citation].
----------------------------------------------------------------------------------------------------------------


[FR Doc. 2016-24115 Filed 10-6-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations                                                  69685

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


                                                          *                  *                         *                             *                        *                   *                   *
                                                Vehicle Inspection and Mainte-           Dallas-Fort Worth, El Paso                        6/11/2015     10/7/2016, [Insert Federal
                                                  nance.                                   County    and    Houston-Gal-                                   Register citation]
                                                                                           veston-Brazoria.

                                                         *                    *                          *                           *                        *                   *                   *
                                                Austin Early Action Compact              Travis and Williamson Counties                    6/11/2015     10/7/2016, [Insert Federal
                                                  area Vehicle Inspection and                                                                              Register citation]
                                                  Maintenance.



                                                *      *     *       *      *                           infrastructure to implement, maintain                     the index, some information may be
                                                [FR Doc. 2016–24205 Filed 10–6–16; 8:45 am]             and enforce this section of the CAA                       publicly available only at the hard copy
                                                BILLING CODE 6560–50–P                                  with regard to the 2008 O3 and 2010                       location (e.g., copyrighted material), and
                                                                                                        NO2 NAAQS.                                                some may not be publicly available at
                                                                                                        DATES: This rule is effective on                          either location (e.g., CBI).
                                                ENVIRONMENTAL PROTECTION                                December 6, 2016 without further                          FOR FURTHER INFORMATION CONTACT:
                                                AGENCY                                                  notice, unless the EPA receives relevant                  Sherry Fuerst, 214–665–6454,
                                                40 CFR Part 52                                          adverse comment by November 7, 2016.                      fuerst.sherry@epa.gov. To inspect the
                                                                                                        If EPA receives such comment, EPA will                    hard copy materials, please schedule an
                                                [EPA–R06–OAR–2012–0953; FRL–9952–76–                    publish a timely withdrawal in the                        appointment with Ms. Fuerst or Bill
                                                Region 6]                                               Federal Register informing the public                     Deese at 214–665–7253.
                                                                                                        that this rule will not take effect.                      SUPPLEMENTARY INFORMATION:
                                                Approval and Promulgation of Air                                                                                  Throughout this document ‘‘we,’’ ‘‘us,’’
                                                                                                        ADDRESSES: Submit your comments,
                                                Quality Implementation Plans; Texas;                                                                              and ‘‘our’’ means EPA.
                                                                                                        identified by Docket No. EPA–R06–
                                                Infrastructure Requirements for
                                                                                                        OAR–2012–0953, at http://                                 I. Background
                                                Consultation With Government
                                                                                                        www.regulations.gov or via email to
                                                Officials, Public Notification and                                                                                   On March 12, 2008, EPA revised the
                                                                                                        fuerst.sherry@epa.gov. Follow the
                                                Prevention of Significant Deterioration                                                                           levels of the ozone (hereafter the 2008
                                                                                                        online instructions for submitting
                                                and Visibility Protection for the 2008                                                                            O3) NAAQS (73 FR 16436, March 27,
                                                                                                        comments. Once submitted, comments
                                                Ozone and 2010 Nitrogen Dioxide                                                                                   2008). Likewise, on January 22, 2010,
                                                                                                        cannot be edited or removed from
                                                National Ambient Air Quality                                                                                      we revised the nitrogen dioxide NAAQS
                                                                                                        Regulations.gov. EPA may publish any
                                                Standards                                                                                                         (hereafter the 2010 NO2) (75 FR 6474,
                                                                                                        comment received to its public docket.
                                                AGENCY: Environmental Protection                        Do not submit electronically any                          February 9, 2010). The CAA requires
                                                Agency (EPA).                                           information you consider to be                            states to submit, within three years after
                                                                                                        Confidential Business Information (CBI)                   promulgation of a new or revised
                                                ACTION: Direct final rule.
                                                                                                        or other information whose disclosure is                  standard, SIPs meeting the applicable
                                                SUMMARY:   The Environmental Protection                 restricted by statute. Multimedia                         ‘‘infrastructure’’ elements of sections
                                                Agency (EPA) is approving portions of                   submissions (audio, video, etc.) must be                  110(a)(1) and (2). We issued guidance
                                                State Implementation Plan (SIP)                         accompanied by a written comment.                         addressing the i-SIP elements for
                                                submittals from the State of Texas                      The written comment is considered the                     NAAQS.1 One of these applicable
                                                pertaining to Clean Air Act (CAA)                       official comment and should include                       infrastructure elements, CAA section
                                                section 110(a)(2)(J): Consultation with                 discussion of all points you wish to                      110(a)(2)(J), requires the SIP must meet
                                                Government Officials, Public                            make. EPA will generally not consider                     the following three CAA requirements:
                                                Notification, and Prevention of                         comments or comment contents located                      (1) Section 121, relating to interagency
                                                Significant Deterioration and Visibility                outside of the primary submission (i.e.                   consultation regarding certain CAA
                                                Protection for the 2008 Ozone (O3) and                  on the Web, cloud, or other file sharing                  requirements; (2) section 127, relating to
                                                2010 Nitrogen Dioxide (NO2) National                    system). For additional submission                        public notification of NAAQS
                                                Ambient Air Quality Standards                           methods, please contact Sherry Fuerst,                    exceedances and related issues; and (3)
                                                (NAAQS). These submittals address                       (214) 665–6454, fuerst.sherry@epa.gov.                    prevention of significant deterioration of
                                                how the existing SIP provides for                       For the full EPA public comment policy,                   air quality and visibility protection.
                                                implementation, maintenance, and                        information about CBI or multimedia                          The Texas Commission on
                                                enforcement of the 2008 O3 and 2010                     submissions, and general guidance on                      Environmental Quality submitted i-SIP
                                                NO2 NAAQS (infrastructure SIPs or                       making effective comments, please visit                   demonstrations of how the existing
                                                i-SIPs). These i-SIPs ensure that the SIP               http://www2.epa.gov/dockets/                              Texas SIP meets the requirements of the
mstockstill on DSK3G9T082PROD with RULES




                                                is adequate to meet the State’s                         commenting-epa-dockets.                                   2010 NO2 NAAQS on December 7, 2012,
                                                responsibilities under the CAA. This                       Docket: The index to the docket for                    and for the 2008 O3 NAAQS on
                                                direct final rule and the accompanying                  this action is available electronically at
                                                                                                                                                                    1 ‘‘Guidance on Infrastructure State
                                                proposal will complete the rulemaking                   www.regulations.gov and in hard copy
                                                                                                                                                                  Implementation Plan (SIP) Elements under Clean
                                                process started in our February 8, 2016,                at EPA Region 6, 1445 Ross Avenue,                        Air Act Sections 110(a)(1) and 110(a)(2),’’
                                                proposal, approve Section 110(a)(2)(J),                 Suite 700, Dallas, Texas. While all                       Memorandum from Stephen D. Page, September 13,
                                                and confirm that the SIP has adequate                   documents in the docket are listed in                     2013.



                                           VerDate Sep<11>2014   18:29 Oct 06, 2016   Jkt 241001   PO 00000   Frm 00027   Fmt 4700       Sfmt 4700   E:\FR\FM\07OCR1.SGM   07OCR1


                                                69686              Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations

                                                December 13, 2012. A detailed                           NAAQS. We continue to assert that                     of Management and Budget under
                                                discussion of our evaluation of how the                 Texas’ existing SIP provides for                      Executive Orders 12866 (58 FR 51735,
                                                Texas submittals meet 110(a)(2)(J) is                   implementation, maintenance, and                      October 4, 1993) and 13563 (76 FR 3821,
                                                provided in our February 8, 2016                        enforcement of the 2008 O3 and 2010                   January 21, 2011);
                                                proposal (81 FR 6483 at 6486)) and in                   NO2 NAAQS.                                               • Does not impose an information
                                                the Technical Support Document (TSD)                                                                          collection burden under the provisions
                                                                                                        III. Final Action
                                                for that action. The TSD can be accessed                                                                      of the Paperwork Reduction Act (44
                                                through www.regulations.gov                                We are approving portions of the                   U.S.C. 3501 et seq.);
                                                (Document EPA–R06–OAR–2012–0953–                        following SIP submittals pertaining to                   • Is certified as not having a
                                                002). We proposed to approve elements                   CAA section 110(a)(2)(J): (1) December                significant economic impact on a
                                                of the i-SIP submittals from the State of               13, 2012, SIP submittal for the State of              substantial number of small entities
                                                Texas for the O3 and NO2 NAAQS but                      Texas pertaining to the implementation,               under the Regulatory Flexibility Act (5
                                                for element (J) and subsequently, we                    maintenance and enforcement of the                    U.S.C. 601 et seq.);
                                                took final action to approve all but                    2008 ozone NAAQS, and; (2) December                      • Does not contain any unfunded
                                                element (J) on September 9, 2016 (81 FR                 7, 2012, SIP submittal pertaining to the              mandate or significantly or uniquely
                                                62375). However, through inadvertent                    implementation, maintenance and                       affect small governments, as described
                                                errors, we neglected to complete the                    enforcement of the 2010 nitrogen                      in the Unfunded Mandates Reform Act
                                                rulemaking process for CAA section                      dioxide NAAQS as outlined in our                      of 1995 (Pub. L. 104–4);
                                                110(a)(2)(J) for both O3 and NO2 NAAQS                  February 8, 2016, proposal.                              • Does not have Federalism
                                                in the proposal and final documents.                       EPA is publishing this rule without                implications as specified in Executive
                                                                                                        prior proposal because we view this as                Order 13132 (64 FR 43255, August 10,
                                                II. EPA’s Evaluation                                    a non-controversial amendment and                     1999);
                                                   In the proposal, we discussed how the                anticipate no adverse comments.                          • Is not an economically significant
                                                requirements of section 110(a)(2)(J) for                However, in the proposed rules section                regulatory action based on health or
                                                both NO2 and O3 NAAQS were met.                         of this Federal Register publication, we              safety risks subject to Executive Order
                                                However, we neglected to explicitly                     are publishing a separate document that               13045 (62 FR 19885, April 23, 1997);
                                                propose approval of the specific                        will serve as the proposal to approve the                • Is not a significant regulatory action
                                                provisions of Section 110(a)(2)(J)                      SIP revision if relevant adverse                      subject to Executive Order 13211 (66 FR
                                                anywhere in the Preamble and                            comments are received. This rule will                 28355, May 22, 2001);
                                                definitely not in our ‘‘Proposed Action’’               be effective on December 6, 2016                         • Is not subject to requirements of
                                                section at 81 FR 6487. The public had                   without further notice unless we receive              section 12(d) of the National
                                                the opportunity to review and comment                   relevant adverse comment by November                  Technology Transfer and Advancement
                                                on our evaluation of this provision in                  7, 2016. If we receive relevant adverse               Act of 1995 (15 U.S.C. 272 note) because
                                                the Preamble but we never formally                      comments, we will publish a timely                    application of those requirements would
                                                proposed this provision for approval. As                withdrawal in the Federal Register                    be inconsistent with the CAA; and
                                                such, we could not finalize approval of                 informing the public that the rule will                  • Does not provide EPA with the
                                                section 110(a)(2)(J) for the 2008 O3 and                not take effect. We will address all                  discretionary authority to address, as
                                                2010 NO2 NAAQS at 81 FR 62375.                          public comments in a subsequent final                 appropriate, disproportionate human
                                                   Please see EPA’s proposed approval at                rule based on the proposed rule. We                   health or environmental effects, using
                                                81 FR 6483 for our technical evaluation.                will not institute a second comment                   practicable and legally permissible
                                                The evaluation of all subsections of                    period on this action. Any parties                    methods, under Executive Order 12898
                                                CAA section 110(a)(2)(J) can be found at                interested in commenting must do so                   (59 FR 7629, February 16, 1994).
                                                81 FR 6483, page 6486. The TSD for 81                   now. Please note that if we receive
                                                FR 6483 is available in the docket,                                                                           In addition, the SIP is not approved to
                                                                                                        relevant adverse comment on an
                                                provides additional details to support                                                                        apply on any Indian reservation land or
                                                                                                        amendment, paragraph, or section of
                                                our determination that this element                                                                           in any other area where EPA or an
                                                                                                        this rule and if that provision may be
                                                meets the federal requirements and is                                                                         Indian tribe has demonstrated that a
                                                                                                        severed from the remainder of the rule,
                                                fully approvable. We incorporate our                                                                          tribe has jurisdiction. In those areas of
                                                                                                        we may adopt as final those provisions
                                                previous evaluation of this element into                                                                      Indian country, the rule does not have
                                                                                                        of the rule that are not the subject of an
                                                this action. EPA did receive and                                                                              tribal implications and will not impose
                                                                                                        adverse comment.
                                                respond to comments on the proposed                                                                           substantial direct costs on tribal
                                                action, but none of the comments                        IV. Statutory and Executive Order                     governments or preempt tribal law as
                                                received were specific to element (J) of                Reviews                                               specified by Executive Order 13175 (65
                                                CAA section 110(a)(2). See 81 FR 62375                    Under the CAA, the Administrator is                 FR 67249, November 9, 2000).
                                                September 9, 2016. Our evaluation and                   required to approve a SIP submission                     The Congressional Review Act, 5
                                                preliminary determination of                            that complies with the provisions of the              U.S.C. 801 et seq., as added by the Small
                                                approvability did not change as a result                Act and applicable Federal regulations.               Business Regulatory Enforcement
                                                of these comments.                                      42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Fairness Act of 1996, generally provides
                                                   This final action is merely correcting               Thus, in reviewing SIP submissions,                   that before a rule may take effect, the
                                                our previous error in failing to propose                EPA’s role is to approve state choices,               agency promulgating the rule must
                                                approval of this element on the basis of                provided that they meet the criteria of               submit a rule report, which includes a
                                                our previous technical evaluation and                   the CAA. Accordingly, this action                     copy of the rule, to each House of the
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                                                preliminary determination. EPA has not                  merely approves state law as meeting                  Congress and to the Comptroller General
                                                changed its rationale. We therefore are                 Federal requirements and does not                     of the United States. EPA will submit a
                                                approving the portions of the December                  impose additional requirements beyond                 report containing this rule and other
                                                13, 2012, and December 7, 2012, i-SIP                   those imposed by state law. For that                  required information to the U.S. Senate,
                                                submissions from Texas as meeting the                   reason, this action:                                  the U.S. House of Representatives, and
                                                infrastructure element (J) for the 2008                   • Is not a ‘‘significant regulatory                 the Comptroller General of the United
                                                ozone NAAQS and the 2010 NO2                            action’’ subject to review by the Office              States prior to publication of the rule in


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                                                                   Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations                                                  69687

                                                the Federal Register. A major rule                         Samuel Coleman was designated the                       Authority: 42 U.S.C. 7401 et seq.
                                                cannot take effect until 60 days after it                Acting Regional Administrator on
                                                is published in the Federal Register.                    September 30, 2016, through the order                 Subpart SS—Texas
                                                This action is not a ‘‘major rule’’ as                   of succession outlined in Regional
                                                defined by 5 U.S.C. 804(2).                              Order R6–1110.1, a copy of which is                   ■  2. In § 52.2270(e), the table titled
                                                                                                         included in the docket for this action.               ‘‘EPA Approved Nonregulatory
                                                   Under section 307(b)(1) of the CAA,
                                                                                                                                                               Provisions and Quasi-Regulatory
                                                petitions for judicial review of this                    List of Subjects in 40 CFR Part 52
                                                                                                                                                               Measures in the Texas SIP’’ is amended
                                                action must be filed in the United States                  Environmental protection, Air                       by revising the entries for
                                                Court of Appeals for the appropriate                     pollution control, Incorporation by                   ‘‘Infrastructure and Transport SIP
                                                circuit by December 6, 2016. Filing a                    reference, Nitrogen dioxide, Ozone.                   Revisions for the 2010 Nitrogen Dioxide
                                                petition for reconsideration by the                        Dated: September 30, 2016.                          Standard’’ and ‘‘Infrastructure and
                                                Administrator of this final rule does not                Samuel Coleman,                                       Transport SIP Revisions for the 2008
                                                affect the finality of this rule for the                 Acting Regional Administrator, Region 6.              Ozone Standard’’ to read as follows.
                                                purposes of judicial review nor does it
                                                extend the time within which a petition                       40 CFR part 52 is amended as follows:            § 52.2270      Identification of plan.
                                                for judicial review may be filed, and                    PART 52—APPROVAL AND                                  *       *    *         *      *
                                                shall not postpone the effectiveness of                  PROMULGATION OF
                                                such rule or action. This action may not                                                                           (e) * * *
                                                                                                         IMPLEMENTATION PLANS
                                                be challenged later in proceedings to
                                                enforce its requirements. (See section                   ■ 1. The authority citation for part 52
                                                307(b)(2).)                                              continues to read as follows:

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


                                                          *                 *                             *                       *                      *                         *                     *
                                                Infrastructure and Transport SIP Revi-              Statewide ..........       12/7/2012     9/9/2016, 81 FR            Approval for 110(a)(2)(A), (B), (C), (D)(i)
                                                   sions for the 2010 Nitrogen Dioxide                                                         62375.                     (portions pertaining to nonattainment
                                                   Standard.                                                                                                              and interference with maintenance),
                                                                                                                                                                          D(ii), (E), (F), (G), (H), (K), (L) and
                                                                                                                                                                          (M). Approval for 110(a)(2)(J) on 10/7/
                                                                                                                                                                          2016, [Insert Federal Register cita-
                                                                                                                                                                          tion].
                                                Infrastructure and Transport SIP Revi-              Statewide ..........      12/13/2012     9/9/2016, 81 FR            Approval for 110(a)(2)(A), (B), (C), (D)(i)
                                                   sions for the 2008 Ozone Standard.                                                          62375.                     (portion pertaining to PSD), D(ii), (E),
                                                                                                                                                                          (F), (G), (H), (K), (L) and (M). Approval
                                                                                                                                                                          for 110(a)(2)(J) 10/7/2016, [Insert Fed-
                                                                                                                                                                          eral Register citation].



                                                [FR Doc. 2016–24115 Filed 10–6–16; 8:45 am]              implementation plan (SIP) revisions                   revisions to the Pennsylvania SIP
                                                BILLING CODE 6560–50–P                                   submitted by the Commonwealth of                      addressing 1997 8-hour ozone RACT for
                                                                                                         Pennsylvania (Pennsylvania). The                      Philadelphia in accordance with the
                                                                                                         revisions pertain to a demonstration that             requirements of the CAA.
                                                ENVIRONMENTAL PROTECTION                                 Philadelphia County (Philadelphia)                    DATES: This final rule is effective on
                                                AGENCY                                                   meets the requirements for reasonably                 November 7, 2016.
                                                                                                         available control technology (RACT) of                ADDRESSES: EPA has established a
                                                40 CFR Part 52                                           the Clean Air Act (CAA) for nitrogen                  docket for this action under Docket ID
                                                [EPA–R03–OAR–2008–0603; FRL–9953–52–                     oxides (NOX) and volatile organic                     Number EPA–R03–OAR–2008–0603. All
                                                Region 3]                                                compounds (VOC) as ozone precursors                   documents in the docket are listed on
                                                                                                         for the 1997 8-hour ozone national                    the http://www.regulations.gov Web
                                                Approval and Promulgation of Air                         ambient air quality standards (NAAQS).                site. Although listed in the index, some
                                                Quality Implementation Plans;                            In this rulemaking action, EPA is                     information is not publicly available,
                                                Pennsylvania; Philadelphia County                        approving three separate SIP revisions                e.g., confidential business information
                                                Reasonably Available Control                             addressing RACT under the 1997 8-hour                 (CBI) or other information whose
                                                Technology Under the 1997 8-Hour                         ozone NAAQS for Philadelphia;                         disclosure is restricted by statute.
                                                Ozone National Ambient Air Quality                       approving portions of two previously                  Certain other material, such as
                                                Standards
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                                                                                                         submitted RACT SIP revisions, which                   copyrighted material, is not placed on
                                                AGENCY:  Environmental Protection                        EPA had found deficient and                           the Internet and will be publicly
                                                Agency (EPA).                                            conditionally approved; and converting                available only in hard copy form.
                                                ACTION: Final rule.                                      the prior conditional approval of the                 Publicly available docket materials are
                                                                                                         Philadelphia RACT demonstration for                   available through http://
                                                SUMMARY: The Environmental Protection                    the 1997 8-hour ozone NAAQS to full                   www.regulations.gov or please contact
                                                Agency (EPA) is approving state                          approval. EPA is approving these                      the person identified in the FOR FURTHER


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Document Created: 2018-02-13 16:32:13
Document Modified: 2018-02-13 16:32:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on December 6, 2016 without further notice, unless the EPA receives relevant adverse comment by November 7, 2016. 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.
ContactSherry Fuerst, 214-665-6454, [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Fuerst or Bill Deese at 214-665-7253.
FR Citation81 FR 69685 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide and Ozone

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