83 FR 18429 - Approval and Promulgation of Implementation Plans; Texas; Control of Air Pollution From Visible Emissions and Particulate Matter
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 82 (April 27, 2018)
Federal Register Volume 83, Issue 82 (April 27, 2018)
| Page Range | 18429-18431 | |
| FR Document | 2018-08662 |
[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)] [Rules and Regulations] [Pages 18429-18431] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08662] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2017-0519; FRL-9977-04--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: Direct final rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Federal Clean Air Act (CAA), the Environmental Protection Agency (EPA) is approving revisions to the Texas State Implementation Plan (SIP) submitted by the State of Texas to EPA on August 23, 2017, that pertain to particulate matter standards and outdoor burning regulations. This rulemaking action is being taken under Section 110 of the CAA. DATES: This rule is effective on July 26, 2018 without further notice, unless the EPA receives relevant adverse comment by May 29, 2018. If the EPA receives such comment, the 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- 2017-0519, at http://www.regulations.gov or via email to pitre.randy@epa.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The 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. The 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 Mr. Randy Pitre, (214) 665-7299, pitre.randy@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: Mr. Randy Pitre, 214-665-7299, pitre.randy@epa.gov. To inspect the hard copy materials, please schedule an appointment with Mr. Randy Pitre or Mr. Bill Deese at 214- 665-7253. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' means the EPA. I. Background Section 110 of the CAA requires states to develop and submit to the EPA a SIP to ensure that state air quality meets National Ambient Air Quality Standards (NAAQS). These ambient standards currently address six criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. Each federally-approved SIP protects air quality primarily by addressing air pollution at its point of origin through air pollution regulations and control strategies. The EPA approved SIP regulations and control strategies are federally enforceable. On August 23, 2017, the Texas Commission on Environmental Quality (TCEQ or ``the State'') submitted revisions to the Texas SIP that address Control of Air Pollution from Visible Emissions and Particulate Matter requirements found in Title 30 of the Texas Administrative Code (30 TAC), Chapter 111 (Control of Air Pollution from Visible Emissions and Particulate Matter), Subchapter B (0utdoor Burning). The submitted revisions address two sections within Chapter 111: In section 111.203 (``Definitions'') and the State added a new section 111.217, titled ``Requirements for Certified and Insured Prescribed Burn Managers.'' II. The EPA's Evaluation As described in the Technical Support Document (TSD) accompanying this action, the TCEQ submitted revisions to 30 TAC Chapter 111, Subchapter B, Sections 203 and 217. The submittal revises 30 TAC 111.203 by adding two definitions: ``Certified and Insured Prescribed Burn Manager'' and ``Sunrise/Sunset.'' These new definitions enhance the SIP by establishing a responsible party for prescribed fire management and add clarity. Additional edits include renumbering to account for the new definitions and minor edits that add specificity. The submittal also revises 30 TAC 111 by adding Section 217: ``Requirements for Certified and Insured Prescribed Burn Managers.'' This section describes the obligations regarding authority to direct a burn, allowable habitats for a burn, notification procedures, proximity to city/town limits, local ordinances, meteorological and temporal conditions, and items not permissible for burning. These revisions are consistent with Table 1 to 40 CFR 50.14. Because these revisions include requirements that protect public health and property, and reduce or eliminate an impact from prescribed burning on the NAAQS, they improve the SIP. For these reasons, we do not believe such revisions would interfere with attainment of the NAAQS, reasonable further progress, or any other applicable requirement of the CAA, and we find these revisions approvable. For more detail, please see the TSD for this action. III. Final Action We are approving the August 23, 2017, submittal that adopted amendments to the Texas SIP at 30 TAC Section 111.203 and 30 TAC Section 111.217. The 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 [[Page 18430]] SIP revision if relevant adverse comments are received. This rule will be effective on July 26, 2018 without further notice unless we receive relevant adverse comment by May 29, 2018. 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. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the revisions to the Texas regulations as described in the Final Action section above. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 6 Office (please contact Mr. Randy Pitre, 214-665-7299, pitre.randy@epa.gov for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA 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); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; 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. The 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 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 June 26, 2018. 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).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter, Reporting and recordkeeping requirements. Dated: April 19, 2018. Anne Idsal, 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(c) the table titled ``EPA Approved Regulations in the Texas SIP'' is amended by revising the entry for section 111.203 under Chapter 111, Subchapter B and adding an entry for section 111.217. The amendments read as follows: Sec. 52.2270 Identification of plan. * * * * * (c) * * * [[Page 18431]] EPA-Approved Regulations in the Texas SIP ---------------------------------------------------------------------------------------------------------------- State approval/ State citation Title/subject submittal EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Subchapter B: Outdoor Burning ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 111.203................ Definitions......... 7/7/2017 4/27/2018, [Insert Federal Register citation]. * * * * * * * Section 111.217................ Requirements for 7/7/2017 4/27/2018, [Insert Certified and Federal Register Insured Prescribed citation]. Burn Managers. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-08662 Filed 4-26-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations 18429
Competitive Ancillary Services submit electronically any information Texas Administrative Code (30 TAC),
Nonpostal Services * you consider to be Confidential Chapter 111 (Control of Air Pollution
Advertising Business Information (CBI) or other from Visible Emissions and Particulate
Licensing of Intellectual Property other than information whose disclosure is Matter), Subchapter B (0utdoor
Officially Licensed Retail Products restricted by statute. Multimedia Burning). The submitted revisions
(OLRP) submissions (audio, video, etc.) must be address two sections within Chapter
Mail Service Promotion accompanied by a written comment. 111: In section 111.203 (‘‘Definitions’’)
Officially Licensed Retail Products (OLRP) The written comment is considered the and the State added a new section
Passport Photo Service official comment and should include 111.217, titled ‘‘Requirements for
Photocopying Service discussion of all points you wish to Certified and Insured Prescribed Burn
Rental, Leasing, Licensing or other Non-Sale Managers.’’
Disposition of Tangible Property
make. The EPA will generally not
Training Facilities and Related Services consider comments or comment II. The EPA’s Evaluation
USPS Electronic Postmark (EPM) Program contents located outside of the primary
submission (i.e. on the web, cloud, or As described in the Technical
Market Tests * Support Document (TSD) accompanying
other file sharing system). For
Customized Delivery additional submission methods, please this action, the TCEQ submitted
Global eCommerce Marketplace (GeM) revisions to 30 TAC Chapter 111,
contact Mr. Randy Pitre, (214) 665–
Stacy L. Ruble, 7299, pitre.randy@epa.gov. For the full Subchapter B, Sections 203 and 217.
EPA public comment policy, The submittal revises 30 TAC 111.203
Secretary.
information about CBI or multimedia by adding two definitions: ‘‘Certified
[FR Doc. 2018–08845 Filed 4–26–18; 8:45 am]
submissions, and general guidance on and Insured Prescribed Burn Manager’’
BILLING CODE 7710–FW–P
making effective comments, please visit and ‘‘Sunrise/Sunset.’’ These new
http://www2.epa.gov/dockets/ definitions enhance the SIP by
commenting-epa-dockets. establishing a responsible party for
ENVIRONMENTAL PROTECTION prescribed fire management and add
AGENCY Docket: The index to the docket for
this action is available electronically at clarity. Additional edits include
www.regulations.gov and in hard copy renumbering to account for the new
40 CFR Part 52 definitions and minor edits that add
at EPA Region 6, 1445 Ross Avenue,
[EPA–R06–OAR–2017–0519; FRL–9977– Suite 700, Dallas, Texas. While all specificity.
04—Region 6]
documents in the docket are listed in The submittal also revises 30 TAC 111
the index, some information may be by adding Section 217: ‘‘Requirements
Approval and Promulgation of for Certified and Insured Prescribed
Implementation Plans; Texas; Control publicly available only at the hard copy
location (e.g., copyrighted material), and Burn Managers.’’ This section describes
of Air Pollution From Visible the obligations regarding authority to
Emissions and Particulate Matter some may not be publicly available at
either location (e.g., CBI). direct a burn, allowable habitats for a
AGENCY: Environmental Protection burn, notification procedures, proximity
FOR FURTHER INFORMATION CONTACT: Mr.
Agency (EPA). to city/town limits, local ordinances,
Randy Pitre, 214–665–7299, meteorological and temporal conditions,
ACTION: Direct final rule. pitre.randy@epa.gov. To inspect the and items not permissible for burning.
hard copy materials, please schedule an These revisions are consistent with
SUMMARY: Pursuant to the Federal Clean
appointment with Mr. Randy Pitre or Table 1 to 40 CFR 50.14.
Air Act (CAA), the Environmental
Mr. Bill Deese at 214–665–7253. Because these revisions include
Protection Agency (EPA) is approving
revisions to the Texas State SUPPLEMENTARY INFORMATION: requirements that protect public health
Implementation Plan (SIP) submitted by Throughout this document ‘‘we,’’ ‘‘us,’’ and property, and reduce or eliminate
the State of Texas to EPA on August 23, and ‘‘our’’ means the EPA. an impact from prescribed burning on
2017, that pertain to particulate matter I. Background the NAAQS, they improve the SIP. For
standards and outdoor burning these reasons, we do not believe such
Section 110 of the CAA requires states revisions would interfere with
regulations. This rulemaking action is
to develop and submit to the EPA a SIP attainment of the NAAQS, reasonable
being taken under Section 110 of the
to ensure that state air quality meets further progress, or any other applicable
CAA.
National Ambient Air Quality Standards requirement of the CAA, and we find
DATES: This rule is effective on July 26, (NAAQS). These ambient standards these revisions approvable. For more
2018 without further notice, unless the currently address six criteria pollutants: detail, please see the TSD for this
EPA receives relevant adverse comment Carbon monoxide, nitrogen dioxide, action.
by May 29, 2018. If the EPA receives ozone, lead, particulate matter, and
such comment, the EPA will publish a sulfur dioxide. Each federally-approved III. Final Action
timely withdrawal in the Federal SIP protects air quality primarily by We are approving the August 23,
Register informing the public that this addressing air pollution at its point of 2017, submittal that adopted
rule will not take effect. origin through air pollution regulations amendments to the Texas SIP at 30 TAC
ADDRESSES: Submit your comments, and control strategies. The EPA Section 111.203 and 30 TAC Section
identified by Docket No. EPA–R06– approved SIP regulations and control 111.217.
OAR–2017–0519, at http:// strategies are federally enforceable. The EPA is publishing this rule
jstallworth on DSKBBY8HB2PROD with RULES
www.regulations.gov or via email to On August 23, 2017, the Texas without prior proposal because we view
pitre.randy@epa.gov. Follow the online Commission on Environmental Quality this as a non-controversial amendment
instructions for submitting comments. (TCEQ or ‘‘the State’’) submitted and anticipate no adverse comments.
Once submitted, comments cannot be revisions to the Texas SIP that address However, in the proposed rules section
edited or removed from Regulations.gov. Control of Air Pollution from Visible of this Federal Register publication, we
The EPA may publish any comment Emissions and Particulate Matter are publishing a separate document that
received to its public docket. Do not requirements found in Title 30 of the will serve as the proposal to approve the
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![Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations 18431
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 ................................... 7/7/2017 4/27/2018, [Insert Federal Reg-
ister citation].
* * * * * * *
Section 111.217 ........ Requirements for Certified and 7/7/2017 4/27/2018, [Insert Federal Reg-
Insured Prescribed Burn Man- ister citation].
agers.
* * * * * * *
* * * * * substitute substance’’ and remanded the I. General Information
[FR Doc. 2018–08662 Filed 4–26–18; 8:45 am] rule to EPA for further proceedings. A. Does this action apply to me?
BILLING CODE 6560–50–P This document provides guidance to
stakeholders that, based on the court’s This document provides information
partial vacatur, in the near-term EPA related to the EPA’s Significant New
ENVIRONMENTAL PROTECTION will not apply the HFC listings in the Alternatives Policy (SNAP) program
AGENCY final rule (2015 Rule) issued on July 20,
2015 Rule, pending a rulemaking. This
2015 (80 FR 42870), and the decision of
40 CFR Part 82 document also provides the Agency’s
the Court of Appeals for the District of
plan to begin a notice-and-comment Columbia Circuit in the case of
[EPA–HQ–OAR–2003–0118; FRL–9977–05– rulemaking process to address the
OAR] Mexichem Fluor, Inc. v. EPA, 866 F.3d
remand of the 2015 Rule. The Agency is 451 (D.C. Cir. 2017). The 2015 Rule
Protection of Stratospheric Ozone: also providing notice of a stakeholder changed the listings for certain
Notification of Guidance and a meeting as part of the rulemaking hydrofluorocarbons (HFCs) in various
Stakeholder Meeting Concerning the process. end-uses in the aerosols, refrigeration
Significant New Alternatives Policy and air conditioning, and foam blowing
DATES: EPA will hold a stakeholder sectors. The listings were changed from
(SNAP) Program meeting on May 4, 2018 to enable acceptable, or acceptable subject to use
AGENCY: Environmental Protection stakeholders to provide input as the conditions, to unacceptable, or
Agency (EPA). Agency prepares to engage in acceptable subject to narrowed use
ACTION: Notification of guidance and rulemaking to address the court’s limits (i.e., acceptable only for limited
stakeholder meeting. remand of the 2015 Rule. The meeting uses for a specified period of time). The
will be held at 9:30 a.m. to 12:30 p.m. 2015 Rule also changed the listings for
SUMMARY: The U.S. Environmental ET on Friday, May 4, 2018 at EPA, certain hydrochlorofluorocarbons
Protection Agency (EPA) is providing William Jefferson Clinton East Building, (HCFCs) being phased out of production
this document to dispel confusion and Room 1153, 1201 Constitution Avenue under the Montreal Protocol on
provide regulatory certainty for NW, Washington, DC 20004. Substances that Deplete the Ozone
stakeholders affected by EPA’s Information concerning this meeting Layer (Montreal Protocol) and section
Significant New Alternatives Policy will be available on the EPA website: 605 of the Clean Air Act (CAA). The
program final rule issued on July 20, https://www.epa.gov/snap. Please RSVP court vacated the 2015 Rule ‘‘to the
2015, and the decision of the Court of for this meeting by contacting Chenise extent it requires manufacturers to
Appeals for the District of Columbia Farquharson at farquharson.chenise@ replace HFCs with a substitute
Circuit in the case of Mexichem Fluor, substance’’ and remanded the rule to
epa.gov by April 27, 2018.
Inc. v. EPA. The 2015 Rule changed the EPA for further proceedings.
listings for certain hydrofluorocarbons FOR FURTHER INFORMATION CONTACT: Through this document, EPA is taking
in various end-uses in the aerosols, Chenise Farquharson, Stratospheric three actions in response to the court’s
refrigeration and air conditioning, and Protection Division, (6205T), decision: (1) Providing guidance to
foam blowing sectors. It also changed Environmental Protection Agency, 1200 stakeholders on how EPA will
the listings for certain Pennsylvania Ave. NW, Washington, DC implement the court’s partial vacatur of
jstallworth on DSKBBY8HB2PROD with RULES
hydrochlorofluorocarbons being phased 20460; telephone number: (202) 564– the 2015 Rule in the near term, pending
out of production under the Montreal 7768; email address: a rulemaking; (2) providing information
Protocol on Substances that Deplete the farquharson.chenise@epa.gov. on the Agency’s plan to address the
Ozone Layer and section 605 of the court’s remand of the 2015 Rule through
Clean Air Act. The court vacated the SUPPLEMENTARY INFORMATION: rulemaking; and (3) providing notice of
2015 Rule ‘‘to the extent it requires a stakeholder meeting to help inform the
manufacturers to replace HFCs with a Agency as it begins developing a
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Document Created: 2018-04-27 01:46:06
Document Modified: 2018-04-27 01:46:06
| 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 | Direct final rule. | |
| Dates | This rule is effective on July 26, 2018 without further notice, unless the EPA receives relevant adverse comment by May 29, 2018. If the EPA receives such comment, the EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. | |
| Contact | Mr. Randy Pitre, 214-665-7299, [email protected] To inspect the hard copy materials, please schedule an appointment with Mr. Randy Pitre or Mr. Bill Deese at 214- 665-7253. | |
| FR Citation | 83 FR 18429 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements |
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