82 FR 3171 - Approval and Promulgation of Implementation Plans; Texas; Control of Air Pollution From Visible Emissions and Particulate Matter
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 7 (January 11, 2017)
Federal Register Volume 82, Issue 7 (January 11, 2017)
| Page Range | 3171-3172 | |
| FR Document | 2017-00087 |
[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)] [Rules and Regulations] [Pages 3171-3172] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00087] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2014-0222; FRL-9956-55-Region 6] Approval and Promulgation of Implementation Plans; Texas; Control of Air Pollution From Visible Emissions and Particulate Matter AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Federal Clean Air Act (CAA or Act), the Environmental Protection Agency (EPA) is approving revisions to the Texas State Implementation Plan (SIP) submitted by the State of Texas that pertain to particulate matter and outdoor burning regulations. The State submitted the SIP revisions in the years 1989, 2004, 2006 and 2014. DATES: This rule is effective on February 10, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2014-0222. 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: Mr. Randy Pitre, 214-665-7299, [email protected]. 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 proposal at 81 FR 74739 (October 27, 2016). In that document we proposed to approve five Texas SIP revisions that pertain to particulate matter and outdoor burning regulations. We did not receive comments regarding our proposal. II. Final Action We are approving the Texas SIP revisions dated from 1989, 2004, 2006 and 2014. Specifically, we are approving the August 21, 1989, and June 9, 2006, submittals that repealed Rule 105.2 of the Texas Administrative Code (TAC) (subsequently renumbered as 30 TAC Section 111.155 and repealed). We are also approving the July 18, 2006, submittal that revises 30 TAC Section 111.203. We are also approving the November 15, 2004, and July 18, 2006, submittals that revise 30 TAC Section 111.209. We are also approving the March 3, 2014, submittal that revises 30 TAC Section 111.211. III. Incorporation by Reference In this rule, we are finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are finalizing the incorporation by reference of the revisions to the Texas regulations as described in the Final Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 6 office. 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, the 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 (Public Law 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 [[Page 3172]] 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 13, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter, Reporting and recordkeeping requirements. Dated: December 28, 2016. Ron Curry, Regional Administrator, Region 6. 0 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(c) the table titled ``EPA Approved Regulations in the Texas SIP'' is amended by removing the entry for ``Rule 105.2'' under Chapter 111, Subchapter A, Division 5 and revising the entries for sections 111.203, 111.209 and 111.211. The amendments read as follows: Sec. 52.2270 Identification of plan * * * * * (c) * * * EPA Approved Regulations in the Texas SIP ---------------------------------------------------------------------------------------------------------------- State approval/ EPA approval State citation Title/subject submittal date date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Subchapter B--Outdoor Burning ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Section 111.203.............. Definitions..... 6/28/2006 1/11/2017, [Insert Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Section 111.209.............. Exception for 6/28/2006 1/11/2017, Disposal Fires. [Insert Federal Register citation]. Section 111.211.............. Exception for 1/15/2014 1/11/2017, Prescribed Burn. [Insert Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-00087 Filed 1-10-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Rules and Regulations 3171
document corrects that omission. The No. EPA–R06–OAR–2014–0222. All IV. Statutory and Executive Order
applicability date remains January 3, documents in the docket are listed on Reviews
2018. the http://www.regulations.gov Web Under the CAA, the Administrator is
DATES: Effective March 6, 2017. site. Although listed in the index, some required to approve a SIP submission
information is not publicly available, that complies with the provisions of the
FOR FURTHER INFORMATION CONTACT:
e.g., Confidential Business Information Act and applicable Federal regulations.
Christopher Kuczynski, Assistant Legal
or other information whose disclosure is 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Counsel, (202) 663–4665, or Aaron
restricted by statute. Certain other Thus, in reviewing SIP submissions, the
Konopasky, Senior Attorney-Advisor,
(202) 663–4127 (voice), or (202) 663– material, such as copyrighted material, EPA’s role is to approve state choices,
7026 (TTY), Office of Legal Counsel, is not placed on the Internet and will be provided that they meet the criteria of
U.S. Equal Employment Opportunity publicly available only in hard copy the CAA. Accordingly, this action
Commission. (These are not toll free form. Publicly available docket merely approves state law as meeting
numbers.) Requests for this document in materials are available either Federal requirements and does not
an alternative format should be made to electronically through http:// impose additional requirements beyond
the Office of Communications and www.regulations.gov or in hard copy at those imposed by state law. For that
Legislative Affairs at (202) 663–4191 the EPA Region 6, 1445 Ross Avenue, reason, this action:
(voice) or (202) 663–4494 (TTY). (These Suite 700, Dallas, Texas 75202–2733. • Is not a ‘‘significant regulatory
are not toll free numbers.) FOR FURTHER INFORMATION CONTACT: Mr. action’’ subject to review by the Office
SUPPLEMENTARY INFORMATION: In FR Doc. Randy Pitre, 214–665–7299, of Management and Budget under
2016–31397 appearing on page 654 in pitre.randy@epa.gov. Executive Orders 12866 (58 FR 51735,
the Federal Register of Tuesday, October 4, 1993) and 13563 (76 FR 3821,
SUPPLEMENTARY INFORMATION: January 21, 2011);
January 3, 2017, the following
correction is made: Throughout this document ‘‘we,’’ ‘‘us,’’ • Does not impose an information
1. On page 654, in the first column, and ‘‘our’’ means the EPA. collection burden under the provisions
in DATES:, ‘‘Effective date: This final of the Paperwork Reduction Act (44
I. Background
rule will be applicable on March 6, U.S.C. 3501 et seq.);
2017.’’ is corrected to read ‘‘Effective The background for this action is • Is certified as not having a
date: This final rule will be effective discussed in detail in our proposal at 81 significant economic impact on a
March 6, 2017.’’ FR 74739 (October 27, 2016). In that substantial number of small entities
document we proposed to approve five under the Regulatory Flexibility Act (5
Dated: January 5, 2017. U.S.C. 601 et seq.);
Texas SIP revisions that pertain to
For the Commission.
particulate matter and outdoor burning • Does not contain any unfunded
Peggy R. Mastroianni,
regulations. We did not receive mandate or significantly or uniquely
Legal Counsel. comments regarding our proposal. affect small governments, as described
[FR Doc. 2017–00340 Filed 1–10–17; 8:45 am] in the Unfunded Mandates Reform Act
BILLING CODE 6570–01–P II. Final Action of 1995 (Public Law 104–4);
• Does not have Federalism
We are approving the Texas SIP implications as specified in Executive
revisions dated from 1989, 2004, 2006 Order 13132 (64 FR 43255, August 10,
ENVIRONMENTAL PROTECTION and 2014. Specifically, we are
AGENCY 1999);
approving the August 21, 1989, and • Is not an economically significant
40 CFR Part 52 June 9, 2006, submittals that repealed regulatory action based on health or
Rule 105.2 of the Texas Administrative safety risks subject to Executive Order
[EPA–R06–OAR–2014–0222; FRL–9956–55- Code (TAC) (subsequently renumbered 13045 (62 FR 19885, April 23, 1997);
Region 6] as 30 TAC Section 111.155 and • Is not a significant regulatory action
repealed). We are also approving the subject to Executive Order 13211 (66 FR
Approval and Promulgation of July 18, 2006, submittal that revises 30
Implementation Plans; Texas; Control 28355, May 22, 2001);
of Air Pollution From Visible
TAC Section 111.203. We are also • Is not subject to requirements of
approving the November 15, 2004, and section 12(d) of the National
Emissions and Particulate Matter July 18, 2006, submittals that revise 30 Technology Transfer and Advancement
AGENCY: Environmental Protection TAC Section 111.209. We are also Act of 1995 (15 U.S.C. 272 note) because
Agency (EPA). approving the March 3, 2014, submittal application of those requirements would
ACTION: Final rule. that revises 30 TAC Section 111.211. be inconsistent with the CAA; and
• Does not provide EPA with the
SUMMARY: Pursuant to the Federal Clean III. Incorporation by Reference
discretionary authority to address, as
Air Act (CAA or Act), the In this rule, we are finalizing appropriate, disproportionate human
Environmental Protection Agency (EPA) regulatory text that includes health or environmental effects, using
is approving revisions to the Texas State incorporation by reference. In practicable and legally permissible
Implementation Plan (SIP) submitted by accordance with the requirements of 1 methods, under Executive Order 12898
the State of Texas that pertain to CFR 51.5, we are finalizing the (59 FR 7629, February 16, 1994).
particulate matter and outdoor burning incorporation by reference of the In addition, the SIP is not approved to
sradovich on DSK3GMQ082PROD with RULES
regulations. The State submitted the SIP revisions to the Texas regulations as apply on any Indian reservation land or
revisions in the years 1989, 2004, 2006 described in the Final Action section in any other area where EPA or an
and 2014. above. We have made, and will continue Indian tribe has demonstrated that a
DATES: This rule is effective on February to make, these documents generally tribe has jurisdiction. In those areas of
10, 2017. available electronically through Indian country, the rule does not have
ADDRESSES: The EPA has established a www.regulations.gov and/or in hard tribal implications and will not impose
docket for this action under Docket ID copy at the EPA Region 6 office. substantial direct costs on tribal
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![3172 Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Rules and Regulations
governments or preempt tribal law as action must be filed in the United States PART 52—APPROVAL AND
specified by Executive Order 13175 (65 Court of Appeals for the appropriate PROMULGATION OF
FR 67249, November 9, 2000). circuit by March 13, 2017. Filing a IMPLEMENTATION PLANS
The Congressional Review Act, 5 petition for reconsideration by the
U.S.C. 801 et seq., as added by the Small Administrator of this final rule does not ■ 1. The authority citation for part 52
Business Regulatory Enforcement affect the finality of this action for the continues to read as follows:
Fairness Act of 1996, generally provides purposes of judicial review nor does it
that before a rule may take effect, the Authority: 42 U.S.C. 7401 et seq.
extend the time within which a petition
agency promulgating the rule must for judicial review may be filed, and
submit a rule report, which includes a Subpart SS—Texas
shall not postpone the effectiveness of
copy of the rule, to each House of the such rule or action. This action may not ■ 2. In § 52.2270(c) the table titled ‘‘EPA
Congress and to the Comptroller General be challenged later in proceedings to
of the United States. EPA will submit a Approved Regulations in the Texas SIP’’
enforce its requirements. (See section is amended by removing the entry for
report containing this action and other 307(b)(2).)
required information to the U.S. Senate, ‘‘Rule 105.2’’ under Chapter 111,
the U.S. House of Representatives, and List of Subjects in 40 CFR Part 52 Subchapter A, Division 5 and revising
the Comptroller General of the United Environmental protection, Air the entries for sections 111.203, 111.209
States prior to publication of the rule in pollution control, Incorporation by and 111.211.
the Federal Register. A major rule reference, Particulate matter, Reporting The amendments read as follows:
cannot take effect until 60 days after it and recordkeeping requirements.
is published in the Federal Register. § 52.2270 Identification of plan
Dated: December 28, 2016.
This action is not a ‘‘major rule’’ as * * * * *
Ron Curry,
defined by 5 U.S.C. 804(2). (c) * * *
Under section 307(b)(1) of the CAA, Regional Administrator, Region 6.
petitions for judicial review of this ■ 40 CFR part 52 is amended as follows:
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State approval/
State citation Title/subject EPA approval date Explanation
submittal date
* * * * * * *
Subchapter B—Outdoor Burning
* * * * * * *
Section 111.203 ........... Definitions ........................................ 6/28/2006 1/11/2017, [Insert Federal Register
citation].
* * * * * * *
Section 111.209 ........... Exception for Disposal Fires ........... 6/28/2006 1/11/2017, [Insert Federal Register
citation].
Section 111.211 ........... Exception for Prescribed Burn ........ 1/15/2014 1/11/2017, [Insert Federal Register
citation].
* * * * * * *
* * * * * ACTION: Correcting amendment. reclassified as Moderate. The language
[FR Doc. 2017–00087 Filed 1–10–17; 8:45 am] in the December 14, 2016 Federal
BILLING CODE 6560–50–P SUMMARY: EPA issued a final rule on Register amended the table in 40 CFR
December 14, 2016, (81 FR 90207), that 81.344 (Subpart C-Section 107
determined that the Houston-Galveston- Attainment Status Designations) titled
ENVIRONMENTAL PROTECTION Brazoria, Texas nonattainment area ‘‘Texas—2008 8-Hour Ozone NAAQS
AGENCY (HGB area) failed to attain the 2008 8- (Primary and secondary)’’. The
hour ozone national ambient air quality amendatory language failed to update
40 CFR Part 81 standard (NAAQS) by the applicable the table for the classification date for
attainment deadline of July 20, 2016, HGB nonattainment area to 12/14/2016.
[EPA–R06–OAR–2016–0275; FRL–9957–57- and thus was classified by operation of This document corrects the listed
Region 6] law as ‘‘Moderate’’. In that action, EPA classification date in the December 14,
sradovich on DSK3GMQ082PROD with RULES
Determination of Nonattainment and also determined January 1, 2017 as the 2016 final rule document.
Reclassification of the Houston- deadline by which Texas must submit to
DATES: This final rule correction is
Galveston-Brazoria 2008 8-Hour Ozone the EPA the State Implementation Plan
effective on January 11, 2017.
Nonattainment Area; Texas; Correction (SIP) revisions that meet the Clean Air
Act (CAA) statutory and regulatory FOR FURTHER INFORMATION CONTACT: Ms.
AGENCY: Environmental Protection requirements that apply to 2008 ozone Nevine Salem, (214) 665–7222,
Agency (EPA). NAAQS nonattainment areas salem.nevine@epa.gov.
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Document Created: 2018-02-01 14:59:12
Document Modified: 2018-02-01 14:59:12
| 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 rule is effective on February 10, 2017. | |
| Contact | Mr. Randy Pitre, 214-665-7299, [email protected] | |
| FR Citation | 82 FR 3171 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements |
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