[Federal Register Volume 65, Number 144 (Wednesday, July 26, 2000)]
[Rules and Regulations]
[Pages 45915-45918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18787]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-125-1-7463a; FRL-6840-3]


Approval and Promulgation of Implementation Plans; Texas; 
Revisions to Emergency Episode Plan Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final action approving revisions to 
the Texas Natural Resource Conservation Commission (TNRCC) emergency 
episode plan regulations in the Texas State Implementation Plan (SIP). 
These revisions update statutory citations,

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update references to the commission, and change various wording to 
improve readability. The EPA is approving these revisions to the Texas 
SIP as requested by the Governor of Texas.

DATES: This rule is effective on September 25, 2000 without further 
notice, unless EPA receives adverse comment by August 25, 2000. If EPA 
receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region 
6 Office listed below. Copies of documents relevant to this action are 
available for public inspection during normal business hours at the 
following locations. Anyone wanting to examine these documents should 
make an appointment with the appropriate office at least two working 
days in advance.
    Environmental Protection Agency, Region 6, Air Planning Section 
(6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733.
    Texas Natural Resource Conservation Commission, Office of Air 
Quality, 12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Bill Deese of the EPA Region 6 Air 
Planning Section at (214) 665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'' is 
used, we mean EPA. This document makes a reference to 40 CFR 
52.2270(c)(71). 40 CFR 52.2270(c)(71) was moved to 40 CFR 
52.2299(c)(71) in a Federal Register action published July 7, 1999 (64 
FR 36586).

I. What Is EPA Approving in This Action?

    We are approving Title 30, Chapter 118, of the Texas Administrative 
Code (30 TAC Chapter 118), Control of Air Pollution Episodes, adopted 
by TNRCC on February 9, 2000, effective March 5, 2000, as a revision to 
the Texas SIP.
    Chapter 118 in the current Texas SIP was adopted by the former 
Texas Air Control Board (TACB) on July 17, 1987, and April 14, 1989, 
and approved by EPA on September 6, 1990 (55 FR 36632) at 
Sec. 52.2270(c)(71). It is available for public inspection by selecting 
``Texas'' and then selecting ``TX Chap 118 (Reg 8)--Control of Air 
Pollution Episodes'' at the following web site: http://www.epa.gov/earth1r6/6pd/air/sip/sip.htm (Must be all lower case.)
    On February 27, 2000, the Governor of Texas submitted to EPA an 
amended Chapter 118 adopted by TNRCC on February 9, 2000. These 
amendments change references to sections 3.14 and 3.14(a) of the Texas 
Clean Air Act to section 5.514 of the Texas Water Code to reflect 
current codification of the same statutory content, replace references 
to the former TACB with ``commission'' to indicate that the commission 
is responsible for administering and enforcing the rules, and make 
acceptable editorial changes to the regulation to improve readability.

II. Final Action

    The EPA is approving 30 TAC Chapter 118, Control of Air Pollution 
Episodes, adopted by TNRCC on February 9, 2000, effective March 5, 
2000, and submitted by the Governor on February 27, 2000. Chapter 118 
replaces Chapter 118 approved by EPA September 6, 1990 (55 FR 36632) in 
the Texas SIP.
    The EPA is publishing this rule without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the ``Proposed Rules'' section of today's Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if adverse comments 
are received. This rule will be effective on September 25, 2000 without 
further notice unless we receive adverse comment by August 25, 2000. If 
EPA receives 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 
at this time.

III. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 13132

    Executive 13132, entitled ``Federalism'' (64 FR 43255, August 10, 
1999) revokes and replaces Executive Order 12612, ``Federalism,'' and 
Executive Order 12875, ``Enhancing the Intergovernmental Partnership.'' 
Executive Order 13132 requires EPA to develop an accountable process to 
ensure ``meaningful and timely input by State and local officials in 
the development of regulatory policies that have federalism 
implications.'' ``Policies that have federalism implications'' is 
defined in the Executive Order to include regulations that have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.''
    Under Executive Order 13132, EPA may not issue a regulation that 
has federalism implications, that imposes substantial direct compliance 
costs, and that is not required by statute, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by State and local governments, or EPA consults with 
State and local officials early in the process of developing the 
proposed regulation. The EPA also may not issue a regulation that has 
federalism implications and that preempts State law unless the Agency 
consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132, because it 
merely approves a State rule implementing a Federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Federal Clean Air Act (the Act). 
Thus, the requirements of section 6 of the Executive Order do not apply 
to this rule.

C. Executive Order 13045

    Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), applies to any rule that: (1) Is determined to be ``economically 
significant'' as defined under Executive Order 12866, and (2) concerns 
an environmental health or safety risk that EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children, and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on

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health or safety risks, such that the analysis required under section 
5-501 of the Order has the potential to influence the regulation. This 
final rule is not subject to Executive Order 13045 because it approves 
a State program.

D. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the OMB, in a separately identified section 
of the preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation.
    In addition, Executive Order 13084 requires EPA to develop an 
effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 600 et seq., generally 
requires an agency to conduct a regulatory flexibility analysis of any 
rule subject to notice and comment rulemaking requirements unless the 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. Small entities 
include small businesses, small not-for-profit enterprises, and small 
governmental jurisdictions.
    This final rule will not have a significant impact on a substantial 
number of small entities because SIP approvals under section 110 and 
subchapter I, part D of the Act do not create any new requirements but 
simply approve requirements that the State is already imposing. 
Therefore, because the Federal SIP approval does not create any new 
requirements, I certify that this action will not have a significant 
economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under 
the Act, preparation of a flexibility analysis would constitute Federal 
inquiry into the economic reasonableness of state action. The Act 
forbids EPA to base its actions concerning SIPs on such grounds. See 
Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 
7410(a)(2).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, EPA must prepare a budgetary impact 
statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated annual costs to State, 
local, or tribal governments in the aggregate; or to private sector, of 
$100 million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule and is consistent with statutory requirements. Section 203 
requires EPA to establish a plan for informing and advising any small 
governments that may be significantly or uniquely impacted by the rule.
    The EPA has determined that the approval action promulgated does 
not include a Federal mandate that may result in estimated annual costs 
of $100 million or more to either State, local, or tribal governments 
in the aggregate, or to the private sector. This Federal action 
approves pre-existing requirements under State or local law, and 
imposes no new requirements. Accordingly, no additional costs to State, 
local, or tribal governments, or to the private sector, result from 
this action.

G. Submission to Congress and the Comptroller General

    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 can 
not 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). This rule will be effective September 25, 2000.

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 25, 2000.
    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, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Lead, Nitrogen oxides, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides, Volatile organic compounds.

    Dated: July 14, 2000.
Julie Jensen,
Acting Regional Administrator, Region 6.


    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart SS--Texas

    2. In Sec. 52.2270(c), the first table is amended by revising the 
entry for ``Chapter 118 (Reg 8)--Control of Air Pollution Episodes'' to 
read as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (c) * * *

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                                    EPA Approved Regulations in the Texas SIP
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                                                            State approval
        State citation                Title/subject         submittal date   EPA approval date     Explanation
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*                  *                  *                  *                  *                  *
                                               *
                             Chapter 118 (Reg 8)--control of air pollution episodes
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Section 118.1................  Generalized Air Pollution   03/05/2000......  July 26, 2000
                                Episodes..
Section 118.2................  Provisions Governing        03/05/2000......  July 26, 2000
                                Generalized Episode
                                Control..
Section 118.3................  Localized Air Pollution     03/05/2000......  July 26, 2000
                                Episodes..
Section 118.4................  Hearings..................  03/05/2000......  July 26, 2000
Section 118.5................  Emission Reduction Plan...  03/05/2000......  July 26, 2000
Section 118.6................  Texas Air Pollution         03/05/2000......  July 26, 2000
                                Episode Contingency Plan
                                and Emergency Management
                                Center.
 
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[FR Doc. 00-18787 Filed 7-25-00; 8:45 am]
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