83 FR 25920 - Approval and Promulgation of Implementation Plans; Texas; Infrastructure and Interstate Transport for the 2012 Fine Particulate Matter Ambient Air Quality Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 108 (June 5, 2018)
Federal Register Volume 83, Issue 108 (June 5, 2018)
| Page Range | 25920-25922 | |
| FR Document | 2018-11973 |
[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)] [Rules and Regulations] [Pages 25920-25922] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11973] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2015-0843; FRL-9978-48--Region 6] Approval and Promulgation of Implementation Plans; Texas; Infrastructure and Interstate Transport for the 2012 Fine Particulate Matter Ambient Air Quality Standard 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 elements of the Texas Infrastructure State Implementation Plan (i-SIP) submittal addressing how the existing SIP provides for implementation, maintenance and enforcement of the 2012 fine particulate matter (PM2.5 ) National Ambient Air Quality Standard (NAAQS). DATES: This rule is effective on July 5, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2015-0843. 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: Sherry Fuerst, 214-665-6454, fuerst.sherry@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' means the EPA. I. Background The background for this action is discussed in detail in our March 22, 2018 proposal (83 FR 12522). In that document we proposed to approve the December 1, 2015 i-SIP submittal from Texas Commission on Environmental Quality (TCEQ) pertaining to the implementation, maintenance and enforcement of the 2012 PM2.5 NAAQS in Texas and three of the four of the interstate transport requirements. [[Page 25921]] We received two comments in support of our proposal, one from the TCEQ and one that was anonymously submitted. We also received seventeen comments that are not relevant to the action we proposed. All comments can be found in the docket for this action. II. Response to Comments Comment: TCEQ commented that while they are in support of our proposed approval that Texas meets its infrastructure and transport obligation for the 2012 PM2.5 NAAQS, they believe that Texas is meeting all four sub-element requirements of Section 110(a)(2)(D)(i). TCEQ noted that EPA did not provide an explanation as to why no action was taken on the interference with visibility provision for CAA Section 110(a)(2)(D)(i)(II). Response: We acknowledge TCEQ's support of our proposed action. We note that we did not propose to take any action on the portion of the SIP submittal that was submitted to address the interference with visibility provision found in CAA Section 110(a)(2)(D)(i)(II), therefore the comment related to this provision is outside the scope of this action. EPA believes the visibility transport provision is closely related to the Act's Regional Haze requirements and therefore, intends to address this provision separately in a future action. II. Final Action We are finalizing this rule as proposed, therefore approving the portions of the December 1, 2015 2012 PM2.5 NAAQS i-SIP submittal pertaining to implementation, maintenance and enforcement including transport except for sub-element four pertaining to interference with visibility protection 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 (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 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 August 6, 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 29, 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 the second table titled ``EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP'' is amended by adding an entry for ``Infrastructure and Interstate Transport for the 2012 PM 2.5 NAAQS'' at the end to read as follows: Sec. 52.2270 Identification of plan * * * * * (e) * * * [[Page 25922]] EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP ---------------------------------------------------------------------------------------------------------------- State Applicable submittal/ Name of SIP provision geographic or effective EPA approval date Comments nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Infrastructure and Interstate Statewide.......... 12/01/2015 6/5/2018, [Insert Approval for CAA Transport for the 2012 PM2.5 Federal Register elements 110(a)(2)(A), NAAQS. citation]. (B), (C), (D)(i)(I), (D)(i)(II) (portion pertaining to PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). 6/5/ 2018, [Insert Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-11973 Filed 6-4-18; 8:45 am] BILLING CODE 6560-50-P
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or persons at risk for homelessness in organizations that are successfully ENVIRONMENTAL PROTECTION
the planning and operation of the case providing or have successfully provided AGENCY
management services project. Such transitional housing services using
entities include, but are not limited to, grants provided by VA under 38 U.S.C. 40 CFR Part 52
shelters, transitional housing, Public 2012 and 2061. [EPA–R06–OAR–2015–0843; FRL–9978–
Housing Authorities, health care or (3) Applications from other 48—Region 6]
social service providers, providers organizations without a Grant and Per
funded through Federal initiatives, local Diem grant that seek to provide time Approval and Promulgation of
planning coalitions or provider limited case management to formerly Implementation Plans; Texas;
associations, or other program providers homeless veterans who have exited VA Infrastructure and Interstate Transport
relevant to the needs of formerly transitional housing or other VA for the 2012 Fine Particulate Matter
homeless veterans in the local homeless residential treatment services Ambient Air Quality Standard
community. Applicants are required to to permanent housing.
demonstrate that they have coordinated (b) Higher award priority. Within each AGENCY: Environmental Protection
with the VA medical facility of of the three priorities in paragraph (a) of Agency (EPA).
jurisdiction or VA regional office of this section, an application with more ACTION: Final rule.
jurisdiction in their area. VA will award points using the rating criteria in
up to 50 points of the 200 points based § 61.92(b) will be given a higher priority SUMMARY: Pursuant to the Federal Clean
on the extent to which commitments to for a grant award. Air Act (CAA or the Act), the
provide supportive services are Environmental Protection Agency (EPA)
documented at the time of application. § 61.96 Grant for case management is approving elements of the Texas
services—awards. Infrastructure State Implementation
Up to 150 points of the 200 points will
be given to the extent applicants (a) Funding. Grants for case Plan (i-SIP) submittal addressing how
demonstrate that: management services will be offered the existing SIP provides for
(1) They are part of an ongoing from the current Grant and Per Diem implementation, maintenance and
community-wide planning process Program budget and will be limited enforcement of the 2012 fine particulate
within the framework described in this annually by VA’s funding availability matter (PM2.5) National Ambient Air
section, which is designed to share and commitments to existing programs. Quality Standard (NAAQS).
information on available resources and (b) Use of grant funds for DATES: This rule is effective on July 5,
reduce duplication among programs that administrative costs. Grant funds may 2018.
serve homeless veterans (e.g. be used for the following administrative ADDRESSES: The EPA has established a
Continuum of Care); purposes docket for this action under Docket ID
(2) They have consulted directly with (1) Case management staff;
No. EPA–R06–OAR–2015–0843. All
the closest VA medical facility and (2) Transportation for the case
documents in the docket are listed on
other providers within the framework manager;
(3) Cell phones and computers to the http://www.regulations.gov website.
described in this section regarding Although listed in the index, some
coordination of services for project facilitate home visits and other case
management activities associated with information is not publicly available,
participants; and e.g., Confidential Business Information
(3) They have coordinated with the the grant; and
(4) Office furniture for the use of the or other information whose disclosure is
closest VA medical facility their plan to restricted by statute. Certain other
assure access to health care, case case management staff.
(c) Awards. VA will execute an material, such as copyrighted material,
management, and other care services. is not placed on the internet and will be
agreement and make payments to the
(Approved by the Office of Management and grantee in accordance with the award publicly available only in hard copy
Budget under control number 2900–XXXX.) form. Publicly available docket
and funding actions applicable to the
§ 61.94 Grant for case management Grant and Per Diem Program as materials are available either
services—selection of grantees. described in § 61.61. electronically through http://
(a) Award priority. Grants for case www.regulations.gov or in hard copy at
management services will be awarded in
§ 61.98 Grant for case management the EPA Region 6, 1445 Ross Avenue,
services—requirements and oversight. Suite 700, Dallas, Texas 75202–2733.
order of priority as follows:
(1) VA will give extra priority to VA will oversee grants for case FOR FURTHER INFORMATION CONTACT:
grants for case management services to management services to ensure that Sherry Fuerst, 214–665–6454,
applications from operational Grant and each grantee operates its program in fuerst.sherry@epa.gov.
Per Diem funded organizations that accordance with §§ 61.90 through 61.98. SUPPLEMENTARY INFORMATION:
have given up per diem or special need VA’s oversight responsibilities include Throughout this document ‘‘we,’’ ‘‘us,’’
funding and converted their transitional reviewing and responding to requests and ‘‘our’’ means the EPA.
housing to permanent housing. In order from grantees for extensions to the
otherwise applicable maximum 6-month I. Background
to obtain this extra priority,
organizations must provide time limit. Grantees must also comply The background for this action is
documentation showing that their with the requirements of 38 CFR 61.65; discussed in detail in our March 22,
permanent housing meets the quality 61.67(d) and 61.67(e); and 61.80(c), (g), 2018 proposal (83 FR 12522). In that
housing standards established under (h), (i), (n), (o), (p), and (q). VA may document we proposed to approve the
section 8(o)(8)(B) of the United States disapprove of case management services December 1, 2015 i-SIP submittal from
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Housing Act of 1937 (42 U.S.C. provided by the grantee if VA Texas Commission on Environmental
1437f(o)(8)(B)). determines that they are of unacceptable Quality (TCEQ) pertaining to the
(2) VA will give priority to quality in which case grant funds may implementation, maintenance and
applications from organizations that not be used to pay for them. enforcement of the 2012 PM2.5 NAAQS
demonstrate a capability to provide case [FR Doc. 2018–12048 Filed 6–4–18; 8:45 am] in Texas and three of the four of the
management services, particularly BILLING CODE 8320–01–P interstate transport requirements.
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EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Applicable State
geographic or submittal/
Name of SIP provision EPA approval date Comments
nonattainment effective
area date
* * * * * * *
Infrastructure and Interstate Statewide ........ 12/01/2015 6/5/2018, [Insert Federal Approval for CAA elements 110(a)(2)(A), (B), (C),
Transport for the 2012 Register citation]. (D)(i)(I), (D)(i)(II) (portion pertaining to PSD),
PM2.5 NAAQS. (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). 6/5/
2018, [Insert Federal Register citation].
[FR Doc. 2018–11973 Filed 6–4–18; 8:45 am] This action is being taken in accordance I. Background and Purpose
BILLING CODE 6560–50–P with the CAA. On June 22, 2010, EPA promulgated a
DATES: This rule is effective on July 5, new 1-hour primary SO2 NAAQS of 75
2018. parts per billion (ppb), which is met at
ENVIRONMENTAL PROTECTION an ambient air quality monitoring site
AGENCY ADDRESSES: EPA has established a when the 3-year average of the annual
docket for this action under Docket 99th percentile of daily maximum 1-
40 CFR Part 52 Identification No. EPA–R01–OAR– hour concentrations does not exceed 75
2017–0083. All documents in the docket ppb, as determined in accordance with
[EPA–R01–OAR–2017–0083; FRL–9978– are listed on the www.regulations.gov appendix T of 40 CFR part 50. See 75
27—Region 1] website. Although listed in the index, FR 35520, codified at 40 CFR 50.17(a)
some information is not publicly and (b). On August 5, 2013, EPA
Air Plan Approval; New Hampshire; available, i.e., CBI or other information
Nonattainment Plan for the Central designated a first set of 29 areas of the
whose disclosure is restricted by statute. country as nonattainment for the 2010
New Hampshire Sulfur Dioxide Certain other material, such as
Nonattainment Area SO2 NAAQS, including the Central New
copyrighted material, is not placed on Hampshire Nonattainment Area within
AGENCY: Environmental Protection the internet and will be publicly the State of New Hampshire. See 78 FR
Agency (EPA). available only in hard copy form. 47191, codified at 40 CFR part 81,
Publicly available docket materials are subpart C. These ‘‘round one’’ area
ACTION: Final rule.
available at www.regulations.gov or at designations were effective October 4,
SUMMARY: The Environmental Protection the U.S. Environmental Protection 2013. Section 191(a) of the CAA directs
Agency (EPA) is approving the State Agency, EPA New England Regional states to submit SIPs for areas
Implementation Plan (SIP) revision that Office, Office of Ecosystem Protection, designated as nonattainment for the SO2
the State of New Hampshire submitted Air Permits Toxics and Indoor Programs NAAQS to EPA within 18 months of the
to EPA on January 31, 2017, for Unit, 5 Post Office Square—Suite 100, effective date of the designation, i.e., by
attaining the 1-hour sulfur dioxide (SO2) Boston, MA. EPA requests that if at all no later than April 4, 2015 in this case.
primary national ambient air quality possible, you contact the contact listed These SIPs are required to demonstrate
standard (NAAQS) for the Central New in the FOR FURTHER INFORMATION that their respective areas will attain the
Hampshire Nonattainment Area. This CONTACT section to schedule your NAAQS as expeditiously as practicable,
plan (herein called a ‘‘nonattainment inspection. The Regional Office’s but no later than 5 years from the
plan’’) includes New Hampshire’s official hours of business are Monday effective date of designation, which is
attainment demonstration and other through Friday, 8:30 a.m. to 4:30 p.m., October 4, 2018, in accordance with
elements required under the Clean Air excluding legal holidays. CAA sections 191–192.
Act (CAA). In addition to an attainment FOR FURTHER INFORMATION CONTACT: Section 192(a) requires that such
demonstration, the nonattainment plan Leiran Biton, Air Permits, Toxics, and plans shall provide for NAAQS
addresses the requirements for meeting Indoor Programs Unit, U.S. attainment as expeditiously as
reasonable further progress (RFP) Environmental Protection Agency, EPA practicable, but no later than 5 years
toward attainment of the NAAQS, New England Regional Office, 5 Post from the effective date of the
implementation of reasonably available Office Square—Suite 100, (Mail code nonattainment designation. Section
control measures and reasonably OEP05–2), Boston, MA 02109–3912, tel. 172(c) of part D of the CAA lists the
available control technology (RACM/ (617) 918–1267, email biton.leiran@ required components of a
RACT), base-year and projection-year epa.gov. nonattainment plan submittal. The base
emission inventories, enforceable year emissions inventory (section
emissions limitations and control SUPPLEMENTARY INFORMATION: 172(c)(3)) is required to show a
measures, and contingency measures. Throughout this document whenever ‘‘comprehensive, accurate, current
EPA concludes that New Hampshire has ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean inventory’’ of all relevant pollutants in
appropriately demonstrated that the EPA. the nonattainment area. The
nonattainment plan provisions provide nonattainment plan must identify and
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for attainment of the 2010 1-hour Table of Contents quantify any expected emissions from
primary SO2 NAAQS in the Central New I. Background and Purpose the construction of new sources to
Hampshire Nonattainment Area by the II. Response to Comments account for emissions in the area that
applicable attainment date and that the III. Final Action might affect reasonable further progress
nonattainment plan meets the other IV. Incorporation by Reference (RFP) toward attainment, or that might
applicable requirements under the CAA. V. Statutory and Executive Order Reviews interfere with attainment and
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Document Created: 2018-11-02 11:47:00
Document Modified: 2018-11-02 11:47:00
| 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 July 5, 2018. | |
| Contact | Sherry Fuerst, 214-665-6454, [email protected] | |
| FR Citation | 83 FR 25920 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference and Particulate Matter |
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