83 FR 22207 - Approval and Promulgation of Implementation Plans; Texas; Interstate Transport Requirements for the 1997 and 2006 PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 93 (May 14, 2018)

Page Range		22207-22208
FR Document		2018-10162

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving portions of three Texas State Implementation Plan (SIP) submittals pertaining to CAA requirements to prohibit emissions which will significantly contribute to nonattainment or interfere with maintenance of the 1997 and 2006 fine particulate matter (PM<INF>2.5</INF>) National Ambient Air Quality Standards (NAAQS) in other states.

Federal Register, Volume 83 Issue 93 (Monday, May 14, 2018)

[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Rules and Regulations]
[Pages 22207-22208]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10162]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2016-0716; FRL-9977-26--Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Interstate Transport Requirements for the 1997 and 2006 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving portions of three 
Texas State Implementation Plan (SIP) submittals pertaining to CAA 
requirements to prohibit emissions which will significantly contribute 
to nonattainment or interfere with maintenance of the 1997 and 2006 
fine particulate matter (PM2.5) National Ambient Air Quality 
Standards (NAAQS) in other states.

DATES: This rule is effective on June 13, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2016-0716. All documents in the docket are 
listed on the http://www.regulations.gov website. 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: Carl Young, 214-665-6645, 
[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 
February 14, 2018 proposal (83 FR 6493). In that document we proposed 
to approve portions of three Texas SIP submittals pertaining to the CAA 
section 110(a)(2)(D)(i)(I) requirements based on our conclusion, which 
is consistent with the State's ultimate conclusion, that emissions from 
Texas will not significantly contribute to nonattainment or interfere 
with maintenance of the 1997 and 2006 p.m. 2.5 NAAQS in other states. 
Specifically, we proposed to approve (1) the portions of the April 4, 
2008 and May 1, 2008 SIP submittals for the 1997 PM2.5 NAAQS 
and (2) the portion of the November 23, 2009 submittal for the 2006 
PM2.5 NAAQS, as they pertain to CAA section 
110(a)(2)(D)(i)(I).
    We received comments in support of our proposal from the Texas 
Commission on Environmental Quality (TCEQ) and Vistra Energy 
Corporation. TCEQ also noted in their comments that they disagree with 
EPA's method for determining significant contribution to nonattainment 
or interference with maintenance of the NAAQS in other states. We 
acknowledge the State's position and welcome continued discussion and 
collaboration between EPA and the State on the issue.

II. Final Action

    We are approving the portions of the April 4, 2008 and May 1, 2008 
SIP submittals for the 1997 PM2.5 NAAQS and the portion of 
the November 23, 2009 submittal for the 2006 PM2.5 NAAQS, as 
they pertain to CAA requirements to prohibit emissions which will 
significantly contribute to nonattainment or interfere with maintenance 
of the 1997 and 2006 PM2.5 NAAQS in other states.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, 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

[[Page 22208]]

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 action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 13, 2018. 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.

    Dated: May 8, 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(e), in the second table, titled ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP,'' revise the entry for ``Infrastructure and Interstate Transport 
for the 1997 Ozone and the 1997 and 2006 PM2.5 NAAQS'' to 
read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                Applicable geographic  State submittal/    EPA approval
     Name of SIP provision      or nonattainment area   effective date         date               Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Infrastructure and Interstate   Statewide............  12/12/2007, 3/11/ 12/28/2011, 76    Approval for CAA
 Transport for the 1997 Ozone                           2008, 4/4/2008,   FR 81371.         elements
 and the 1997 and 2006 PM2.5                            5/1/2008, 11/23/                    110(a)(2)(A), (B),
 NAAQS.                                                 2009.                               (E), (F), (G), (H),
                                                                                            (K), (L), and (M).
                                                                                            Full approval for
                                                                                            CAA elements
                                                                                            110(a)(2)(C),
                                                                                            (D)(i)(II), (D)(ii)
                                                                                            and (J) with
                                                                                            approval of the GHG
                                                                                            PSD revision (11/10/
                                                                                            2014, 79 FR 66626).
                                                                                            1997 and 2006 PM2.5
                                                                                            element D(i)(I)
                                                                                            approved 5/14/2018,
                                                                                            [Insert Federal
                                                                                            Register citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-10162 Filed 5-11-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22207

Permit number/ State effective Additional
Name of source EPA approval date
type date explanation

* * * * * * *
National Gypsum Company Departmental Order ..................... 3/11/2016 5/14/2018 [Insert Federal The SIP approval includes
(NGC). Register citation]. specific alternative vola-
tile organic compound
emission limits and
other conditions for
NGC as established by
the Departmental Order.

* * * * * FOR FURTHER INFORMATION CONTACT: Carl III. Statutory and Executive Order
[FR Doc. 2018–09889 Filed 5–11–18; 8:45 am] Young, 214–665–6645, young.carl@ Reviews
BILLING CODE 6560–50–P epa.gov. Under the CAA, the Administrator is
SUPPLEMENTARY INFORMATION: required to approve a SIP submission
Throughout this document ‘‘we,’’ ‘‘us,’’ that complies with the provisions of the
ENVIRONMENTAL PROTECTION
and ‘‘our’’ means the EPA. Act and applicable Federal regulations.
AGENCY
42 U.S.C. 7410(k); 40 CFR 52.02(a).
I. Background
40 CFR Part 52 Thus, in reviewing SIP submissions, the
The background for this action is EPA’s role is to approve state choices,
[EPA–R06–OAR–2016–0716; FRL–9977– discussed in detail in our February 14, provided that they meet the criteria of
26—Region 6] 2018 proposal (83 FR 6493). In that the CAA. Accordingly, this action
document we proposed to approve merely approves state law as meeting
Approval and Promulgation of portions of three Texas SIP submittals Federal requirements and does not
Implementation Plans; Texas; pertaining to the CAA section impose additional requirements beyond
Interstate Transport Requirements for 110(a)(2)(D)(i)(I) requirements based on those imposed by state law. For that
the 1997 and 2006 PM2.5 NAAQS our conclusion, which is consistent reason, this action:
AGENCY: Environmental Protection
with the State’s ultimate conclusion, • Is not a ‘‘significant regulatory
that emissions from Texas will not action’’ subject to review by the Office
Agency (EPA).
significantly contribute to of Management and Budget under
ACTION: Final rule. nonattainment or interfere with Executive Orders 12866 (58 FR 51735,
SUMMARY: Pursuant to the Federal Clean maintenance of the 1997 and 2006 p.m. October 4, 1993) and 13563 (76 FR 3821,
Air Act (CAA or the Act), the 2.5 NAAQS in other states. Specifically, January 21, 2011);
Environmental Protection Agency (EPA) we proposed to approve (1) the portions • Is not an Executive Order 13771 (82
is approving portions of three Texas of the April 4, 2008 and May 1, 2008 SIP FR 9339, February 2, 2017) regulatory
State Implementation Plan (SIP) submittals for the 1997 PM2.5 NAAQS action because SIP approvals are
submittals pertaining to CAA and (2) the portion of the November 23, exempted under Executive Order 12866;
requirements to prohibit emissions 2009 submittal for the 2006 PM2.5 • Does not impose an information
which will significantly contribute to NAAQS, as they pertain to CAA section collection burden under the provisions
nonattainment or interfere with 110(a)(2)(D)(i)(I). of the Paperwork Reduction Act (44
maintenance of the 1997 and 2006 fine We received comments in support of U.S.C. 3501 et seq.);
particulate matter (PM2.5) National our proposal from the Texas • Is certified as not having a
Ambient Air Quality Standards Commission on Environmental Quality significant economic impact on a
(NAAQS) in other states. (TCEQ) and Vistra Energy Corporation. substantial number of small entities
TCEQ also noted in their comments that under the Regulatory Flexibility Act (5
DATES: This rule is effective on June 13, they disagree with EPA’s method for U.S.C. 601 et seq.);
2018. determining significant contribution to • Does not contain any unfunded
ADDRESSES: The EPA has established a nonattainment or interference with mandate or significantly or uniquely
docket for this action under Docket ID maintenance of the NAAQS in other affect small governments, as described
No. EPA–R06–OAR–2016–0716. All states. We acknowledge the State’s in the Unfunded Mandates Reform Act
documents in the docket are listed on position and welcome continued of 1995 (Pub. L. 104–4);
the http://www.regulations.gov website. discussion and collaboration between • Does not have Federalism
Although listed in the index, some EPA and the State on the issue. implications as specified in Executive
information is not publicly available, Order 13132 (64 FR 43255, August 10,
e.g., Confidential Business Information II. Final Action
1999);
or other information whose disclosure is We are approving the portions of the • Is not an economically significant
restricted by statute. Certain other April 4, 2008 and May 1, 2008 SIP regulatory action based on health or
material, such as copyrighted material, submittals for the 1997 PM2.5 NAAQS safety risks subject to Executive Order
is not placed on the internet and will be and the portion of the November 23, 13045 (62 FR 19885, April 23, 1997);
nshattuck on DSK9F9SC42PROD with RULES

publicly available only in hard copy 2009 submittal for the 2006 PM2.5 • Is not a significant regulatory action
form. Publicly available docket NAAQS, as they pertain to CAA subject to Executive Order 13211 (66 FR
materials are available either requirements to prohibit emissions 28355, May 22, 2001);
electronically through http:// which will significantly contribute to • Is not subject to requirements of
www.regulations.gov or in hard copy at nonattainment or interfere with section 12(d) of the National
the EPA Region 6, 1445 Ross Avenue, maintenance of the 1997 and 2006 PM2.5 Technology Transfer and Advancement
Suite 700, Dallas, Texas 75202–2733. NAAQS in other states. Act of 1995 (15 U.S.C. 272 note) because

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22208 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

application of those requirements would report containing this action and other Dated: May 8, 2018.
be inconsistent with the CAA; and required information to the U.S. Senate, Anne Idsal,
• Does not provide EPA with the the U.S. House of Representatives, and Regional Administrator, Region 6.
discretionary authority to address, as the Comptroller General of the United
appropriate, disproportionate human States prior to publication of the rule in 40 CFR part 52 is amended as follows:
health or environmental effects, using the Federal Register. A major rule
practicable and legally permissible cannot take effect until 60 days after it PART 52—APPROVAL AND
methods, under Executive Order 12898 is published in the Federal Register. PROMULGATION OF
(59 FR 7629, February 16, 1994). This action is not a ‘‘major rule’’ as IMPLEMENTATION PLANS
defined by 5 U.S.C. 804(2).
In addition, the SIP is not approved to Under section 307(b)(1) of the Clean
apply on any Indian reservation land or ■ 1. The authority citation for part 52
Air Act, petitions for judicial review of continues to read as follows:
in any other area where EPA or an this action must be filed in the United
Indian tribe has demonstrated that a States Court of Appeals for the Authority: 42 U.S.C. 7401 et seq.
tribe has jurisdiction. In those areas of appropriate circuit by July 13, 2018.
Indian country, the rule does not have Filing a petition for reconsideration by Subpart SS—Texas
tribal implications and will not impose the Administrator of this final rule does
substantial direct costs on tribal not affect the finality of this action for ■ 2. In § 52.2270(e), in the second table,
governments or preempt tribal law as the purposes of judicial review nor does titled ‘‘EPA-Approved Nonregulatory
specified by Executive Order 13175 (65 it extend the time within which a Provisions and Quasi-Regulatory
FR 67249, November 9, 2000). petition for judicial review may be filed, Measures in the Texas SIP,’’ revise the
The Congressional Review Act, 5 and shall not postpone the effectiveness entry for ‘‘Infrastructure and Interstate
U.S.C. 801 et seq., as added by the Small of such rule or action. This action may Transport for the 1997 Ozone and the
Business Regulatory Enforcement not be challenged later in proceedings to 1997 and 2006 PM2.5 NAAQS’’ to read
Fairness Act of 1996, generally provides enforce its requirements. (See section as follows:
that before a rule may take effect, the 307(b)(2).)
agency promulgating the rule must § 52.2270 Identification of plan.
submit a rule report, which includes a List of Subjects in 40 CFR Part 52
* * * * *
copy of the rule, to each House of the Environmental protection, Air
(e) * * *
Congress and to the Comptroller General pollution control, Incorporation by
of the United States. EPA will submit a reference, Particulate matter.

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

* * * * * * *
Infrastructure and Inter- Statewide .......... 12/12/2007, 3/11/2008, 12/28/2011, 76 FR Approval for CAA elements 110(a)(2)(A), (B),
state Transport for 4/4/2008, 5/1/2008, 81371. (E), (F), (G), (H), (K), (L), and (M). Full ap-
the 1997 Ozone and 11/23/2009. proval for CAA elements 110(a)(2)(C),
the 1997 and 2006 (D)(i)(II), (D)(ii) and (J) with approval of the
PM2.5 NAAQS. GHG PSD revision (11/10/2014, 79 FR
66626). 1997 and 2006 PM2.5 element D(i)(I)
approved 5/14/2018, [Insert Federal Reg-
ister citation].

* * * * * * *

[FR Doc. 2018–10162 Filed 5–11–18; 8:45 am] ACTION: Final rule; announcement of in the Federal Register announcing the
BILLING CODE 6560–50–P effective date. effective date of those rules.
DATES: The amendments to 47 CFR
SUMMARY: In this document, the 51.325, 51.329, 51.332, and 51.333,
Commission announces that the Office published at 82 FR 61453, December 28,
FEDERAL COMMUNICATIONS of Management and Budget (OMB) has
COMMISSION 2017, are effective on May 14, 2018.
approved, for a period of three years, the
information collection associated with FOR FURTHER INFORMATION CONTACT:
47 CFR Part 51
the Commission’s discontinuance rules. Michele Levy Berlove, Attorney
This document is consistent with the Advisor, Wireline Competition Bureau,
[WC Docket No. 17–84; FCC 17–154] at (202) 418–1477, or by email at
nshattuck on DSK9F9SC42PROD with RULES

Accelerating Wireline Broadband
Deployment by Removing Barriers to Michele.Berlove@fcc.gov. For additional
Accelerating Wireline Broadband
Deployment by Removing Barriers to Infrastructure Investment Report and information concerning the Paperwork
Infrastructure Investment Order, Declaratory Ruling, and Further Reduction Act information collection
Notice of Proposed Rulemaking, FCC requirements, contact Nicole Ongele at
AGENCY:Federal Communications 17–154, which stated that the (202) 418–2991 or nicole.ongele@
Commission. Commission would publish a document fcc.gov.

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Document Created: 2018-05-12 01:11:03
Document Modified: 2018-05-12 01:11:03

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 June 13, 2018.
Contact		Carl Young, 214-665-6645, [email protected]
FR Citation		83 FR 22207
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference and Particulate Matter