83 FR 50018 - Air Plan Approval; Texas; Control of Air Pollution from Motor Vehicles with Mobile Source Incentive Programs
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 193 (October 4, 2018)
Federal Register Volume 83, Issue 193 (October 4, 2018)
| Page Range | 50018-50022 | |
| FR Document | 2018-21453 |
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)] [Rules and Regulations] [Pages 50018-50022] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21453] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R6-OAR-2018-0386; FRL-9983-93-Region 6] Air Plan Approval; Texas; Control of Air Pollution from Motor Vehicles with Mobile Source Incentive Programs AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the 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 regulations to control air pollution from motor vehicles with mobile source incentive programs. DATES: This rule is effective on January 2, 2019 without further notice, unless the EPA receives relevant adverse comment by November 5, 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-R6-OAR- 2018-0386, at http://www.regulations.gov or via email to [email protected]. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed [[Page 50019]] 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, [email protected]. 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, [email protected]. 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 A. CAA and SIPs 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. 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. B. Texas' Submittal Texas submitted a revision to its SIP to update and improve the mobile source incentive program regulations for diesel vehicles, clean fleets and drayage trucks.\1\ Specifically, on May 25, 2018, the State of Texas through the Texas Commission on Environmental Quality (TCEQ) submitted revisions to its Mobile Source Incentive Programs that are found in Title 30 of the Texas Administrative Code (30 TAC), Chapter 114 (Control of Air Pollution from Motor Vehicles), Subchapter K (Mobile Source Incentive Programs). The May 25, 2018, submittal revised regulations for the (1) Diesel Emissions Reduction Incentive Program for On-Road and Non-Road Vehicles (Division 3), (2) Texas Clean Fleet Program (Division 5), and (3) Drayage Truck Incentive Program (Division 8, renamed as ``Seaport and Rail Yard Areas Emissions Reduction Program''). --------------------------------------------------------------------------- \1\ The revisions to the Texas SIP submitted to EPA as part of this action were in response to the adoption of Senate Bill 1731 enacted by the 85th Texas Legislature, 2017, Regular Session, which amended the statutory provisions pertaining to programs that are part of the Texas Emissions Reduction Plan (TERP). The mobile incentive programs implemented by the SIP revision are part of the TERP. For more information on TERP, please see: www.tceq.texas.gov/airquality/terp. --------------------------------------------------------------------------- C. What Criteria must be met for the EPA to Approve this SIP revision? In general, economic and mobile source incentive programs are programs that provide economic incentives for reducing air pollution emissions from on-road heavy-duty motor vehicles and non-road equipment emission sources. Because the SIP submittal revision pertains to economic incentive programs to reduce air pollution emissions from mobile sources, we evaluated them using (1) CAA section 182(g) (Economic Incentive Program) (2) our policy guidance on economic incentive programs found in 40 CFR part 51, subpart U (Economic Incentive Programs) and (3) our guidance document ``Improving Air Quality with Economic Incentive Programs'' (EPA-452/R-01-001, January 2001, www.epa.gov/sites/production/files/2015-07/documents/eipfin.pdf). An economic incentive program achieves an air quality objective by providing market-based incentives or information to emission sources. Three fundamental principles apply to all approvable economic incentive programs: Integrity, equity, and environmental benefit. Pursuant to 40 CFR part 51.493 (State Program Requirements), Economic Incentive Programs (EIPs) shall be (1) State and federally enforceable, (2) nondiscriminatory, and (3) consistent with the timely attainment of national ambient air quality standards, all applicable reasonable further progress and visibility requirements, applicable prevention of significant deterioration increments, and all other requirements of the CAA. Programs in nonattainment areas for which credit is taken in attainment and RFP demonstrations shall be designed to ensure that the effects of the program are quantifiable and permanent over the entire duration of the program, and that the credit taken is limited to that which is surplus. Statutory programs shall be designed to result in quantifiable, significant reductions in actual emissions.\2\ As discussed below, we find the State's SIP revision submittal is consistent with above-referenced elements and our review and evaluation of the revisions are discussed in detail in our Technical Support Document (TSD). --------------------------------------------------------------------------- \2\ As explained in more detail in the technical support document (and below), we have previously approved the Texas mobile source economic incentive program regulations, as we found that the regulations met the CAA and 40 CFR 51 Subpart U (Economic Incentive Programs) requirements. We have provided references to those prior approvals upon which these revisions are based. --------------------------------------------------------------------------- II. The EPA's Evaluation We have prepared a TSD for this rulemaking which details our evaluation of the SIP revisions. Our TSD may be accessed online at http://www.regulations.gov, Docket No. EPA-R06-OAR-2018-0386. As detailed more below, and in our TSD, we believe the SIP revisions to the Texas mobile source incentive programs meet the federal EIP requirements and are approvable. The Texas Mobile Source Economic Incentive Programs are consistent with the CAA as they will reduce air pollution and emissions of nitrogen oxides (NOX ), which is a precursor to ozone and particulate matter. The emission reductions from replacing vehicles or replacing, repowering or retrofitting engines can be quantified, and provide an environmental benefit by reducing air pollution emissions by encouraging the use of newer diesel technologies in the Texas nonattainment areas. If Texas includes emission reductions from these programs in future attainment or reasonable further progress SIPs, EPA will evaluate the amount of reductions it achieves at that time. We are approving the Texas SIP submittal as part of the Texas SIP. As stated earlier, we have previously approved the Texas mobile source incentive program regulations as meeting CAA and 40 CFR 51.493 regulatory requirements (See 82 FR 26756, June 9, 2017; 79 FR 5287, January 31, 2014; 75 FR 18061, April 9, 2010; 70 FR 18308, April 11, 2005). The [[Page 50020]] May 25, 2018 SIP revision continues to meet these federal requirements. A summary of our evaluation is discussed below: A. Diesel Emission Reduction Incentive Program for On-Road and Non-Road Vehicles The Diesel Emission Reduction Incentive Program for On-Road and Non-Road Vehicles provides funding for businesses to reduce emissions from diesel engines. The program includes a component that applies to small businesses. The revisions to this program revise 30 TAC Sections 114.620, 114.622 and 114.623. The revisions amended the 30 TAC 114.622(h) Incentive Program Requirements from the Executive Director ``shall'' to ``may'' waive certain program eligibility criteria ``on a finding of good cause.'' \3\ The revisions amended the definition of a ``Small Business'' to a business that (1) owns or operates not more than five vehicles (previously 2), (2) owns or operates an on-road diesel vehicle (previously one with a pre-1994 engine model) or a non- road diesel (previously one with uncontrolled emissions) and (3) has owned the on-road or non-road diesel subject to the funding for more than two years (previously one year). This revision would expand the small business component of the program and make it more efficient by focusing on older diesel engines. An itemized list of the revisions, with our evaluation of each, is provided in the TSD. --------------------------------------------------------------------------- \3\ The original 30 TAC 114.622(h) provision was approved in a previous regulatory action (79 FR 67068) on November 12, 2014. We find the change from ``shall'' to ``may'' continues to be approvable. In determining good cause and deciding whether to grant a waiver, the executive director shall ensure that the emissions reductions that will be attributed to the project will still be valid and, where applicable, meet the conditions for assignment for credit to the state implementation plan. See our TSD for a detailed history and rationale for approval of this provision. --------------------------------------------------------------------------- B. Texas Clean Fleet Program The Texas Clean Fleet Program provides funding to businesses with a fleet of 75 or more vehicles to replace diesel vehicles with a lower emitting hybrid or alternative fuel vehicle. The revisions to this program revise 30 TAC Sections 114.650-114.653. The number of vehicles qualifying for replacement was revised to 10 or more (previously 20 or more). This revision would allow for more replacements to be eligible for the program. The revisions include a change in definition from ``clean transportation triangle'' to ``clean transportation zone'' that would include additional counties that were not a part of the previous ``clean transportation triangle.'' The revisions include a change to 30 TAC 114.653(e) from the executive director ``shall'' to ``may'' waive certain specified eligibility criteria upon ``a finding of good cause.'' \4\ An itemized list of the revisions, with our evaluation of each, is provided in the TSD. --------------------------------------------------------------------------- \4\ EPA previously approved the original 30 TAC 114.653(e) provision at 79 FR 5287 on January 31, 2014. This provision change from ``shall'' to ``may'' continues to be approvable. Similar to 114.622(h), we interpret that the executive director shall ensure that the projected emissions reductions will be valid and, where applicable, meet the conditions for assignment for credit to the state implementation plan. See our TSD for a detailed history and rationale for approval of this provision. --------------------------------------------------------------------------- C. Seaport and Rail Yard Areas Emissions Reduction Program The Seaport and Rail Yard Areas Emissions Reduction Program (formerly the Drayage Truck Incentive Program) provides funding to encourage owners to reduce emissions from drayage trucks at seaports and rail yards. Drayage refers to the transport of goods over a short distance. The revisions to this program revise 30 TAC Sections 114.680- 114.682. In addition to changing the name of the program, the revisions changed the requirements for replacing or repowering drayage trucks. As revised, the replacement engine must: (1) Be powered by an electric motor or contain an engine certified to current federal emissions standards and (2) emit at least 25% less NOX . In addition, unless otherwise determined by the commission, the NOX emissions rate of engines replaced or purchased under this program will be based on the emissions standard or family emissions limit to which the engine is certified or, for replacement of an uncontrolled engine, a baseline emissions rate established by the commission.\5\ The previous requirements were that: (1) The replacement drayage truck have an engine of model year 2010 or later and (2) the drayage truck being replaced must have an engine of model year 2006 or earlier. This revision would set a minimum in the amount of NOX reduced (at least 25% less). An itemized list of the revisions, with our evaluation of each, is provided in the TSD. --------------------------------------------------------------------------- \5\ Similar to 30 TAC 114.622(h) and 30 TAC 114. 653(e), we interpret this provision so that the executive director shall ensure that the projected emissions reductions will be valid and, where applicable, meet the conditions for assignment for credit to the state implementation plan. See our TSD for a detailed history and rationale for approval of this provision. --------------------------------------------------------------------------- D. CAA 110(l) Demonstration Section 110 (l) of the CAA requires that each revision to an implementation plan submitted by a State under the CAA shall be adopted by such State after reasonable notice and public hearing. The Administrator shall not approve a revision of a SIP if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in Section 7501 of the CAA) or any other applicable requirements of the CAA. As the regulation revisions discussed above pertain to voluntary incentive programs for reducing emissions, they will not interfere with any applicable requirement concerning attainment and reasonable further progress or any other applicable requirement of the CAA. EPA approval of the revisions is consistent with CAA 110(l). III. Final Action We are approving revisions to the Texas SIP that pertain to regulations to control air pollution from motor vehicles with mobile source incentive programs. Specifically, we are approving revisions to 30 TAC Sections 114.620, 114.622, 114.623, 114.650-114.653, and 114.680-114.682. 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 SIP revision if relevant adverse comments are received. This rule will be effective on January 2, 2019 without further notice unless we receive relevant adverse comment by November 5, 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 [[Page 50021]] 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 Randy Pitre, (214) 665-7299, [email protected] 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 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 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 December 3, 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 26, 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, in paragraph (c), the table titled ``EPA Approved Regulations in the Texas SIP'' is amended by revising the entries for sections 114.620, 114.622, 114.623, 114.650-114.653 and 114.680- 114.682; and for Division 8 of Subchapter K in Chapter 114 to read as follows. Sec. 52.2270 Identification of plan. * * * * * (c) * * * EPA Approved Regulations in the Texas SIP ---------------------------------------------------------------------------------------------------------------- State approval/ State citation Title/subject Submittal date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 114.620................. Definitions........ 4/4/2018 10/4/2018; [Insert .................. Federal Register citation]. * * * * * * * Section 114.622................. Incentive Program 4/4/2018 10/4/2018; [Insert .................. Requirements. Federal Register citation]. [[Page 50022]] Section 114.623................. Small Business 4/4/2018 10/4/2018; [Insert .................. Incentives. Federal Register citation]. * * * * * * * Section 114.650................. Definitions........ 4/4/2018 10/4/2018; [Insert .................. Federal Register citation]. Section 114.651................. Applicability...... 4/4/2018 10/4/2018; [Insert .................. Federal Register citation]. Section 114.652................. Qualifying Vehicles 4/4/2018 10/4/2018; [Insert .................. Federal Register citation]. Section 114.653................. Grant Eligibility.. 4/4/2018 10/4/2018; [Insert .................. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Division 8: Seaport and Rail Yard Areas Emissions Reduction Program ---------------------------------------------------------------------------------------------------------------- Section 114.680................. Definitions........ 4/4/2018 10/4/2018; [Insert .................. Federal Register citation]. Section 114.681................. Applicability...... 4/4/2018 10/4/2018; [Insert .................. Federal Register citation]. Section 114.682................. Eligible Vehicle 4/4/2018 10/4/2018; [Insert .................. Models. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-21453 Filed 10-3-18; 8:45 am] BILLING CODE 6560-50-P
![50018 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations
EPA-APPROVED MISSISSIPPI REGULATIONS—Continued
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
11 MAC—Part 2—Chapter 1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
Rule 1.1 .......................................... General .......................................... 6/25/2018 10/4/2018, [Insert Federal Reg-
ister citation].
11 MAC—Part 1—Chapter 5 Mississippi Environmental Quality Permit Board: Regulations Regarding Administrative Procedures
Pursuant to the Mississippi Administrative Procedures Act
Rule 5.1 .......................................... Description of Mississippi Environ- 5/11/2018 10/4/2018, [Insert Federal Reg-
mental Quality Permit Board. ister citation].
* * * * * (e) * * *
EPA APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Applicable
Name of State submittal
geographic or
non-regulatory date/effective EPA approval date Explanation
nonattain-
SIP provision date
ment area
* * * * * * *
110(a)(1) and (2) Infrastructure Re- Mississippi ... 6/25/2018 10/4/2018, [Insert Federal Reg- Addressing the state board require-
quirements for the 1997 Annual ister citation]. ments of sections 128 and
PM2.5 NAAQS. 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Re- Mississippi ... 6/25/2018 10/4/2018, [Insert Federal Reg- Addressing the state board require-
quirements for the 2006 24-hour ister citation]. ments of sections 128 and
PM2.5 NAAQS. 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Re- Mississippi ... 6/25/2018 10/4/2018, [Insert Federal Reg- Addressing the state board require-
quirements for the 2012 24-hour ister citation]. ments of sections 128 and
PM2.5 NAAQS. 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Re- Mississippi ... 6/25/2018 10/4/2018, [Insert Federal Reg- Addressing the state board require-
quirements for the 2008 Lead ister citation]. ments of sections 128 and
NAAQS. 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Re- Mississippi ... 6/25/2018 10/4/2018, [Insert Federal Reg- Addressing the state board require-
quirements for the 2008 8-hour ister citation]. ments of sections 128 and
Ozone NAAQS. 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Re- Mississippi ... 6/25/2018 10/4/2018, [Insert Federal Reg- Addressing the state board require-
quirements for the 2010 NO2 ister citation]. ments of sections 128 and
NAAQS. 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Re- Mississippi ... 6/25/2018 10/4/2018, [Insert Federal Reg- Addressing the state board require-
quirements for the 2010 SO2 ister citation]. ments of sections 128 and
NAAQS. 110(a)(2)(E)(ii) only.
■ 3. Section 52.1272 is revised to read ENVIRONMENTAL PROTECTION the State of Texas that pertain to
as follows: AGENCY regulations to control air pollution from
motor vehicles with mobile source
§ 52.1272 Approval status. 40 CFR Part 52 incentive programs.
With the exceptions set forth in this [EPA–R6–OAR–2018–0386; FRL–9983–93– DATES: This rule is effective on January
subpart, the Administrator approves Region 6] 2, 2019 without further notice, unless
Mississippi’s plan for the attainment the EPA receives relevant adverse
and maintenance of the national Air Plan Approval; Texas; Control of comment by November 5, 2018. If the
standards under section 110 of the Air Pollution from Motor Vehicles with EPA receives such comment, the EPA
Clean Air Act. Furthermore, the Mobile Source Incentive Programs will publish a timely withdrawal in the
Administrator finds that the plan Federal Register informing the public
AGENCY: Environmental Protection
satisfies all requirements of part D, title that this rule will not take effect.
Agency (EPA).
1, of the Clean Air Act as amended in ADDRESSES: Submit your comments,
daltland on DSKBBV9HB2PROD with RULES
ACTION: Direct final rule.
1977. identified by Docket No. EPA–R6–OAR–
[FR Doc. 2018–21193 Filed 10–3–18; 8:45 am] SUMMARY: Pursuant to the Federal Clean 2018–0386, at http://www.regulations.
BILLING CODE 6560–50–P Air Act (CAA or the Act), the gov or via email to pitre.randy@epa.gov.
Environmental Protection Agency (EPA) Follow the online instructions for
is approving revisions to the Texas State submitting comments. Once submitted,
Implementation Plan (SIP) submitted by comments cannot be edited or removed
VerDate Sep<11>2014 16:25 Oct 03, 2018 Jkt 247001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\04OCR1.SGM 04OCR1](https://thefederalregister.org/doc/83_FR_50211/page/1.svg)
![Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations 50021
described in the Final Action section affect small governments, as described Federal Register. This action is not a
above. The EPA has made, and will in the Unfunded Mandates Reform Act ‘‘major rule’’ as defined by 5 U.S.C.
continue to make, these materials of 1995 (Pub. L. 104–4); 804(2).
generally available through • Does not have Federalism Under section 307(b)(1) of the CAA,
www.regulations.gov and at the EPA implications as specified in Executive petitions for judicial review of this
Region 6 Office (please contact Randy Order 13132 (64 FR 43255, August 10, action must be filed in the United States
Pitre, (214) 665–7299, pitre.randy@ 1999); Court of Appeals for the appropriate
epa.gov for more information). • Is not an economically significant circuit by December 3, 2018. Filing a
Therefore, these materials have been regulatory action based on health or
petition for reconsideration by the
approved by EPA for inclusion in the safety risks subject to Executive Order
Administrator of this final rule does not
SIP, have been incorporated by 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action affect the finality of this rule for the
reference by EPA into that plan, are purposes of judicial review nor does it
fully federally enforceable under subject to Executive Order 13211 (66 FR
28355, May 22, 2001); extend the time within which a petition
sections 110 and 113 of the CAA as of for judicial review may be filed, and
the effective date of the final rulemaking • Is not subject to requirements of
section 12(d) of the National shall not postpone the effectiveness of
of EPA’s approval, and will be such rule or action. This action may not
incorporated by reference in the next Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because be challenged later in proceedings to
update to the SIP compilation. enforce its requirements. (See section
application of those requirements would
V. Statutory and Executive Order be inconsistent with the CAA; and 307(b)(2).)
Reviews • Does not provide EPA with the List of Subjects in 40 CFR Part 52
Under the CAA, the Administrator is discretionary authority to address, as
required to approve a SIP submission appropriate, disproportionate human Environmental protection, Air
that complies with the provisions of the health or environmental effects, using pollution control, Incorporation by
Act and applicable Federal regulations. practicable and legally permissible reference, Nitrogen dioxide, Ozone,
42 U.S.C. 7410(k); 40 CFR 52.02(a). methods, under Executive Order 12898 Particulate matter, Reporting and
Thus, in reviewing SIP submissions, the (59 FR 7629, February 16, 1994). recordkeeping requirements, Volatile
EPA’s role is to approve state choices, In addition, the SIP is not approved organic compounds.
provided that they meet the criteria of to apply on any Indian reservation land Dated: September 26, 2018.
the CAA. Accordingly, this action or in any other area where EPA or an
Anne Idsal,
merely approves state law as meeting Indian tribe has demonstrated that a
Regional Administrator, Region 6.
Federal requirements and does not tribe has jurisdiction. In those areas of
impose additional requirements beyond Indian country, the rule does not have 40 CFR part 52 is amended as follows:
those imposed by state law. For that tribal implications and will not impose
substantial direct costs on tribal PART 52—APPROVAL AND
reason, this action: PROMULGATION OF
• Is not a ‘‘significant regulatory governments or preempt tribal law as
specified by Executive Order 13175 (65 IMPLEMENTATION PLANS
action’’ subject to review by the Office
of Management and Budget under FR 67249, November 9, 2000).
The Congressional Review Act, 5 ■ 1. The authority citation for part 52
Executive Orders 12866 (58 FR 51735,
U.S.C. 801 et seq., as added by the Small continues to read as follows:
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011); Business Regulatory Enforcement Authority: 42 U.S.C. 7401 et seq.
• Is not an Executive Order 13771 (82 Fairness Act of 1996, generally provides
FR 9339, February 2, 2017) regulatory that before a rule may take effect, the Subpart SS—Texas
action because SIP approvals are agency promulgating the rule must
exempted under Executive Order 12866; submit a rule report, which includes a ■ 2. In § 52.2270, in paragraph (c), the
• Does not impose an information copy of the rule, to each House of the table titled ‘‘EPA Approved Regulations
collection burden under the provisions Congress and to the Comptroller General in the Texas SIP’’ is amended by
of the Paperwork Reduction Act (44 of the United States. The EPA will revising the entries for sections 114.620,
U.S.C. 3501 et seq.); submit a report containing this rule and 114.622, 114.623, 114.650–114.653 and
• Is certified as not having a other required information to the U.S. 114.680–114.682; and for Division 8 of
significant economic impact on a Senate, the U.S. House of Subchapter K in Chapter 114 to read as
substantial number of small entities Representatives, and the Comptroller follows.
under the Regulatory Flexibility Act (5 General of the United States prior to
§ 52.2270 Identification of plan.
U.S.C. 601 et seq.); publication of the rule in the Federal
• Does not contain any unfunded Register. A major rule cannot take effect * * * * *
mandate or significantly or uniquely until 60 days after it is published in the (c) * * *
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State approval/
State citation Title/subject EPA approval date Explanation
Submittal date
daltland on DSKBBV9HB2PROD with RULES
* * * * * * *
Section 114.620 ................ Definitions ........................ 4/4/2018 10/4/2018; [Insert Federal Register
citation].
* * * * * * *
Section 114.622 ................ Incentive Program Re- 4/4/2018 10/4/2018; [Insert Federal Register
quirements. citation].
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![50022 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations
EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State approval/
State citation Title/subject EPA approval date Explanation
Submittal date
Section 114.623 ................ Small Business Incentives 4/4/2018 10/4/2018; [Insert Federal Register
citation].
* * * * * * *
Section 114.650 ................ Definitions ........................ 4/4/2018 10/4/2018; [Insert Federal Register
citation].
Section 114.651 ................ Applicability ...................... 4/4/2018 10/4/2018; [Insert Federal Register
citation].
Section 114.652 ................ Qualifying Vehicles .......... 4/4/2018 10/4/2018; [Insert Federal Register
citation].
Section 114.653 ................ Grant Eligibility ................. 4/4/2018 10/4/2018; [Insert Federal Register
citation].
* * * * * * *
Division 8: Seaport and Rail Yard Areas Emissions Reduction Program
Section 114.680 ................ Definitions ........................ 4/4/2018 10/4/2018; [Insert Federal Register
citation].
Section 114.681 ................ Applicability ...................... 4/4/2018 10/4/2018; [Insert Federal Register
citation].
Section 114.682 ................ Eligible Vehicle Models .... 4/4/2018 10/4/2018; [Insert Federal Register
citation].
* * * * * * *
* * * * * approving are consistent with the Management Section, Air Planning and
[FR Doc. 2018–21453 Filed 10–3–18; 8:45 am] requirements of the Clean Air Act (CAA Implementation Branch, Air, Pesticides
BILLING CODE 6560–50–P or Act). and Toxics Management Division, U.S.
DATES: This rule will be effective Environmental Protection Agency,
November 5, 2018. Region 4, 61 Forsyth Street SW, Atlanta,
ENVIRONMENTAL PROTECTION Georgia 30303–8960. Ms. Bell can be
AGENCY ADDRESSES: EPA has established a
reached by phone at (404) 562–9088 or
docket for this action under Docket
40 CFR Part 52 via electronic mail at bell.tiereny@
Identification No. EPA–R04–OAR–
epa.gov.
[EPA–R04–OAR–2017–0395; FRL–9984–89–
2017–0395. All documents in the docket
Region 4] are listed on the www.regulations.gov SUPPLEMENTARY INFORMATION:
website. Although listed in the index,
Air Plan Approval; TN; Revisions to some information is not publicly I. Background
Ambient Air Quality Standards available, i.e., Confidential Business
Information or other information whose Sections 108 and 109 of the CAA
AGENCY: Environmental Protection disclosure is restricted by statute. govern the establishment, review, and
Agency (EPA). Certain other material, such as revision, as appropriate, of the NAAQS
ACTION: Final rule. copyrighted material, is not placed on to protect public health and welfare.
the internet and will be publicly The CAA requires periodic review of the
SUMMARY: The Environmental Protection air quality criteria—the science upon
Agency (EPA) is taking final action to available only in hard copy form.
Publicly available docket materials are which the standards are based—and the
approve a portion of a revision to the standards themselves. EPA’s regulatory
Chattanooga/Hamilton County portion available either electronically through
www.regulations.gov or in hard copy at provisions that govern the NAAQS are
of the Tennessee State Implementation found at 40 CFR part 50—National
Plan (SIP) submitted by the State of the Air Regulatory Management Section,
Air Planning and Implementation Primary and Secondary Ambient Air
Tennessee through the Tennessee Quality Standards.
Department of Environment and Branch, Air, Pesticides and Toxics
Conservation (TDEC) on behalf of Management Division, U.S. In a proposed rulemaking published
Chattanooga/Hamilton County Air Environmental Protection Agency, on May 21, 2018 (83 FR 23407), EPA
Pollution Control Bureau (Chattanooga/ Region 4, 61 Forsyth Street SW, Atlanta, proposed to approve into the Tennessee
Hamilton County) on June 25, 2008. The Georgia 30303–8960. EPA requests that SIP a portion of a revision to
changes to the SIP that EPA is taking if possible, you contact the person listed Chattanooga/Hamilton County’s air
final action to approve include changes in the FOR FURTHER INFORMATION quality rules in Chapter 4 of Part II,
to Chattanooga/Hamilton County’s air CONTACT section to schedule your Section 4–41, submitted by TDEC on
daltland on DSKBBV9HB2PROD with RULES
quality standards for carbon monoxide, inspection. The Regional Office’s behalf of the Chattanooga/Hamilton
lead, nitrogen dioxide, particulate official hours of business are Monday County Air Pollution Control Bureau on
matter, ozone, and sulfur dioxide to through Friday 8:30 a.m. to 4:30 p.m., June 25, 2008. Specifically, EPA
reflect the current National Ambient Air excluding Federal holidays. proposed to approve a new version of
Quality Standards (NAAQS). The FOR FURTHER INFORMATION CONTACT: Chapter 4 of Part II, Section 4–41, Rule
portions of the SIP revision that EPA is Tiereny Bell, Air Regulatory 21 of the Chattanooga City Code
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Document Created: 2018-10-04 02:02:57
Document Modified: 2018-10-04 02:02:57
| 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 January 2, 2019 without further notice, unless the EPA receives relevant adverse comment by November 5, 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 50018 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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