83 FR 62719 - Air Plan Approval; Texas; Interstate Transport Requirements for the 1997 Ozone National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 234 (December 6, 2018)
Federal Register Volume 83, Issue 234 (December 6, 2018)
| Page Range | 62719-62720 | |
| FR Document | 2018-26287 |
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)] [Rules and Regulations] [Pages 62719-62720] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26287] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2008-0408; FRL-9986-64-Region 6] Air Plan Approval; Texas; Interstate Transport Requirements for the 1997 Ozone National Ambient Air Quality Standards 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 two Texas State Implementation Plan (SIP) submittals that pertain to the good neighbor and interstate transport requirements of the CAA with respect to the 1997 ozone National Ambient Air Quality Standards (NAAQS). The good neighbor provision requires each state, in its SIP, to prohibit emissions that will significantly contribute to nonattainment, or interfere with maintenance, of a NAAQS in other states. In this action, EPA is approving the Texas SIP submittals as having met the requirements of the good neighbor provision for the 1997 ozone NAAQS in accordance with section 110 of the CAA. DATES: This rule is effective on January 7, 2019. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2008-0408. All documents in the docket are listed on the https://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 https://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 October 3, 2018 proposal (83 FR 49894). In that document we proposed to (1) approve the portions of the April 4, 2008 and May 1, 2008 Texas SIP submittals as they pertain to the requirements of CAA section 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS, and (2) find that the conclusion in the state's SIP submittals is consistent with EPA's conclusion regarding Texas's good neighbor obligation, that emissions from Texas will not significantly contribute to nonattainment or interfere with maintenance of the 1997 ozone NAAQS in any other state. We did not receive any adverse comments regarding our proposal. We received two supportive comments regarding the proposal. The first was a comment from the Texas Commission on Environmental Quality which supported the proposal; and the second comment was an anonymous comment stating general support for clean air regulations. The comments are available in the electronic docket for this action. II. Final Action We are approving the portions of the April 4, 2008 and May 1, 2008 Texas SIP submittals as they pertain to the requirements of CAA section 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS. We find that the conclusion in the state's SIP submittals is consistent with EPA's conclusion regarding the good neighbor obligation, that emissions from Texas will not significantly contribute to nonattainment or interfere with maintenance of the 1997 ozone NAAQS in any other state. This action is being taken under section 110 of the Act. 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 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 [[Page 62720]] 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 February 4, 2019. 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, Air pollution control, Incorporation by reference, Ozone. Dated: November 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(e) the second table titled ``EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP'' is amended by revising the entry for ``Infrastructure and Interstate Transport for the 1997 Ozone and the 1997 and 2006 PM 2.5 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 Name of SIP provision geographic or State submittal/ EPA approval date Explanation nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Infrastructure and Interstate Statewide......... 12/12/2007, 3/11/ 12/28/2011, 76 FR Approval for CAA Transport for the 1997 Ozone 2008, 4/4/2008, 5/ 81371. elements and the 1997 and 2006 PM2.5 1/2008, 11/23/ 110(a)(2)(A), NAAQS.. 2009. (B), (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 FR66626). 1997 and 2006 PM2.5 element D(i)(I) approved 5/14/ 2018, 83 FR 22208. 1997 ozone element D(i)(I) approved 12/6/ 2018, [Insert Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-26287 Filed 12-4-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations 62719
■ b. Revising the first sentence in ADDRESSES: The EPA has established a significantly contribute to
paragraph (a)(4)(i); and docket for this action under Docket ID nonattainment or interfere with
■ c. Revising the introductory text in No. EPA–R06–OAR–2008–0408. All maintenance of the 1997 ozone NAAQS
paragraph (a)(5). documents in the docket are listed on in any other state. This action is being
The addition and revisions read as the https://www.regulations.gov taken under section 110 of the Act.
follows: website. Although listed in the index,
III. Statutory and Executive Order
some information is not publicly
§ 16.12 Specific exemptions. Reviews
available, e.g., Confidential Business
(a) * * * Information or other information whose Under the CAA, the Administrator is
(1) * * *
disclosure is restricted by statute. required to approve a SIP submission
EPA–63 eDiscovery Enterprise Tool
Certain other material, such as that complies with the provisions of the
Suite.
copyrighted material, is not placed on Act and applicable Federal regulations.
* * * * * the internet and will be publicly 42 U.S.C. 7410(k); 40 CFR 52.02(a).
(4) * * * (i) EPA systems of records Thus, in reviewing SIP submissions, the
available only in hard copy form.
17, 30, 40, 41, 46 and 63 are exempted EPA’s role is to approve state choices,
Publicly available docket materials are
from the following provisions of the PA, provided that they meet the criteria of
available either electronically through
subject to the limitations set forth in 5 the CAA. Accordingly, this action
https://www.regulations.gov or in hard
U.S.C. 552a(k)(2): 5 U.S.C. 552a(c)(3); merely approves state law as meeting
copy at the EPA Region 6, 1445 Ross
(d); (e)(1), (4)(G) and (4)(H); and (f)(2) Federal requirements and does not
Avenue, Suite 700, Dallas, Texas 75202–
through (5). * * * impose additional requirements beyond
2733.
* * * * * those imposed by state law. For that
FOR FURTHER INFORMATION CONTACT: Carl
(5) Reasons for exemption. EPA reason, this action:
Young, 214–665–6645, young.carl@
systems of records 17, 21, 30, 40, 41, 46 • Is not a ‘‘significant regulatory
epa.gov.
and 63 are exempted from the above action’’ subject to review by the Office
provisions of the PA for the following SUPPLEMENTARY INFORMATION:
of Management and Budget under
reasons: Throughout this document ‘‘we,’’ ‘‘us,’’ Executive Orders 12866 (58 FR 51735,
* * * * * and ‘‘our’’ means the EPA. October 4, 1993) and 13563 (76 FR 3821,
[FR Doc. 2018–26355 Filed 12–4–18; 8:45 am] I. Background January 21, 2011);
BILLING CODE 6560–50–P
The background for this action is • Is not an Executive Order 13771 (82
discussed in detail in our October 3, FR 9339, February 2, 2017) regulatory
2018 proposal (83 FR 49894). In that action because SIP approvals are
ENVIRONMENTAL PROTECTION exempted under Executive Order 12866;
AGENCY document we proposed to (1) approve
the portions of the April 4, 2008 and • Does not impose an information
40 CFR Part 52 May 1, 2008 Texas SIP submittals as collection burden under the provisions
they pertain to the requirements of CAA of the Paperwork Reduction Act (44
[EPA–R06–OAR–2008–0408; FRL–9986–64– U.S.C. 3501 et seq.);
section 110(a)(2)(D)(i)(I) with respect to
Region 6]
the 1997 ozone NAAQS, and (2) find • Is certified as not having a
that the conclusion in the state’s SIP significant economic impact on a
Air Plan Approval; Texas; Interstate
submittals is consistent with EPA’s substantial number of small entities
Transport Requirements for the 1997
conclusion regarding Texas’s good under the Regulatory Flexibility Act (5
Ozone National Ambient Air Quality
neighbor obligation, that emissions from U.S.C. 601 et seq.);
Standards
Texas will not significantly contribute • Does not contain any unfunded
AGENCY: Environmental Protection to nonattainment or interfere with mandate or significantly or uniquely
Agency (EPA). maintenance of the 1997 ozone NAAQS affect small governments, as described
ACTION: Final rule. in any other state. in the Unfunded Mandates Reform Act
We did not receive any adverse of 1995 (Pub. L. 104–4);
SUMMARY: Pursuant to the Federal Clean
comments regarding our proposal. We • Does not have Federalism
Air Act (CAA or the Act), the implications as specified in Executive
received two supportive comments
Environmental Protection Agency (EPA) Order 13132 (64 FR 43255, August 10,
regarding the proposal. The first was a
is approving portions of two Texas State 1999);
comment from the Texas Commission
Implementation Plan (SIP) submittals • Is not an economically significant
on Environmental Quality which
that pertain to the good neighbor and regulatory action based on health or
supported the proposal; and the second
interstate transport requirements of the safety risks subject to Executive Order
comment was an anonymous comment
CAA with respect to the 1997 ozone 13045 (62 FR 19885, April 23, 1997);
stating general support for clean air
National Ambient Air Quality Standards • Is not a significant regulatory action
regulations. The comments are available
(NAAQS). The good neighbor provision subject to Executive Order 13211 (66 FR
in the electronic docket for this action.
requires each state, in its SIP, to prohibit 28355, May 22, 2001);
emissions that will significantly II. Final Action • Is not subject to requirements of
contribute to nonattainment, or interfere We are approving the portions of the section 12(d) of the National
with maintenance, of a NAAQS in other April 4, 2008 and May 1, 2008 Texas Technology Transfer and Advancement
states. In this action, EPA is approving SIP submittals as they pertain to the Act of 1995 (15 U.S.C. 272 note) because
khammond on DSK30JT082PROD with RULES
the Texas SIP submittals as having met requirements of CAA section application of those requirements would
the requirements of the good neighbor 110(a)(2)(D)(i)(I) with respect to the be inconsistent with the CAA; and
provision for the 1997 ozone NAAQS in 1997 ozone NAAQS. We find that the • Does not provide EPA with the
accordance with section 110 of the conclusion in the state’s SIP submittals discretionary authority to address, as
CAA. is consistent with EPA’s conclusion appropriate, disproportionate human
DATES: This rule is effective on January regarding the good neighbor obligation, health or environmental effects, using
7, 2019. that emissions from Texas will not practicable and legally permissible
VerDate Sep<11>2014 16:05 Dec 04, 2018 Jkt 247001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\06DER1.SGM 06DER1](https://thefederalregister.org/doc/83_FR_62953/page/1.svg)
![62720 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations
methods, under Executive Order 12898 States prior to publication of the rule in Dated: November 26, 2018.
(59 FR 7629, February 16, 1994). the Federal Register. A major rule Anne Idsal,
In addition, the SIP is not approved to cannot take effect until 60 days after it Regional Administrator, Region 6.
apply on any Indian reservation land or is published in the Federal Register. 40 CFR part 52 is amended as follows:
in any other area where EPA or an This action is not a ‘‘major rule’’ as
Indian tribe has demonstrated that a defined by 5 U.S.C. 804(2). PART 52—APPROVAL AND
tribe has jurisdiction. In those areas of Under section 307(b)(1) of the Clean PROMULGATION OF
Indian country, the rule does not have Air Act, petitions for judicial review of IMPLEMENTATION PLANS
tribal implications and will not impose this action must be filed in the United
substantial direct costs on tribal States Court of Appeals for the ■ 1. The authority citation for part 52
governments or preempt tribal law as appropriate circuit by February 4, 2019. continues to read as follows:
specified by Executive Order 13175 (65 Filing a petition for reconsideration by Authority: 42 U.S.C. 7401 et seq.
FR 67249, November 9, 2000). the Administrator of this final rule does
The Congressional Review Act, 5 not affect the finality of this action for Subpart SS—Texas
U.S.C. 801 et seq., as added by the Small the purposes of judicial review nor does
Business Regulatory Enforcement it extend the time within which a ■ 2. In § 52.2270(e) the second table
Fairness Act of 1996, generally provides petition for judicial review may be filed, titled ‘‘EPA Approved Nonregulatory
that before a rule may take effect, the and shall not postpone the effectiveness Provisions and Quasi-Regulatory
agency promulgating the rule must of such rule or action. This action may Measures in the Texas SIP’’ is amended
submit a rule report, which includes a not be challenged later in proceedings to by revising the entry for ‘‘Infrastructure
copy of the rule, to each House of the enforce its requirements. (See section and Interstate Transport for the 1997
Congress and to the Comptroller General 307(b)(2).) Ozone and the 1997 and 2006 PM2.5
of the United States. EPA will submit a NAAQS’’ to read as follows:
report containing this action and other List of Subjects in 40 CFR Part 52
required information to the U.S. Senate, Environmental protection, Air § 52.2270 Identification of plan
the U.S. House of Representatives, and pollution control, Air pollution control, * * * * *
the Comptroller General of the United Incorporation by reference, Ozone. (e) * * *
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Applicable geographic State submittal/
Name of SIP provision EPA approval date Explanation
or nonattainment area effective date
* * * * * * *
Infrastructure and Interstate Statewide .................... 12/12/2007, 3/11/2008, 4/4/ 12/28/2011, 76 FR 81371 .... Approval for CAA elements 110(a)(2)(A),
Transport for the 1997 2008, 5/1/2008, 11/23/ (B), (E), (F), (G), (H), (K), (L), and (M).
Ozone and the 1997 and 2009. Full approval for CAA elements
2006 PM2.5 NAAQS.. 110(a)(2)(C), (D)(i)(II), (D)(ii) and (J) with
approval of the GHG PSD revision (11/
10/2014, 79 FR66626). 1997 and 2006
PM2.5 element D(i)(I) approved 5/14/
2018, 83 FR 22208. 1997 ozone element
D(i)(I) approved 12/6/2018, [Insert Fed-
eral Register citation].
* * * * * * *
[FR Doc. 2018–26287 Filed 12–4–18; 8:45 am] complete state implementation plans control measures (BACM). For the 2012
BILLING CODE 6560–50–P (SIPs) required under the Clean Air Act annual PM2.5 NAAQS, California was
(CAA or ‘‘Act’’) to implement the 1997, required to submit by October 15, 2016,
2006, and 2012 national ambient air a SIP submission that meets the
ENVIRONMENTAL PROTECTION quality standards (NAAQS or requirements for Moderate PM2.5
AGENCY ‘‘standards’’) for fine particulate matter nonattainment areas, including the
(PM2.5) in the San Joaquin Valley. For requirement for reasonably available
40 CFR Part 52 the 1997 annual and 24-hour PM2.5 control measures (RACM). California
[EPA–R09–OAR–2018–0778; FRL–9987–38– NAAQS, California was required to submitted substantial portions of each
Region 9] submit by December 31, 2016, a SIP of these required SIP submissions as
submission that provides for, among part of an integrated plan on November
Findings of Failure To Submit other things, annual reductions in 16, 2018, but each of these submissions
Complete State Implementation Plans emissions of direct PM2.5 or a PM2.5 plan fails to meet the EPA’s minimum
Required for the 1997, 2006, and 2012 precursor pollutant within the area of criteria for completeness.
PM2.5 NAAQS; California; San Joaquin not less than five percent of the amount If the EPA has not affirmatively found
Valley of such emissions as reported in the that the State has submitted complete
khammond on DSK30JT082PROD with RULES
AGENCY: Environmental Protection most recent inventory for the area. For SIPs that correct the deficiencies in each
Agency (EPA). the 2006 24-hour PM2.5 NAAQS, of these SIP submissions within 18
ACTION: Final rule. California was required to submit by months of this finding, the offset
August 21, 2017, a SIP submission that sanction will apply in the area. If within
SUMMARY: The Environmental Protection meets the requirements for Serious 6 additional months the EPA still has
Agency (EPA) is taking final action to PM2.5 nonattainment areas, including not affirmatively determined that the
find that California has failed to submit the requirement for best available State has submitted complete SIPs that
VerDate Sep<11>2014 16:05 Dec 04, 2018 Jkt 247001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\06DER1.SGM 06DER1](https://thefederalregister.org/doc/83_FR_62953/page/2.svg)
Document Created: 2018-12-05 02:36:32
Document Modified: 2018-12-05 02:36:32
| 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 January 7, 2019. | |
| Contact | Carl Young, 214-665-6645, [email protected] | |
| FR Citation | 83 FR 62719 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference and Ozone |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR