[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Rules and Regulations]
[Pages 41906-41908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16826]



[[Page 41906]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0919; FRL-9913-92-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Conformity of General Federal Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of Texas on 
October 28, 2011. These revisions remove the State general conformity 
provisions from the SIP as allowed by the 2005 amendments to the Clean 
Air Act (Act or CAA). Upon the effective date of this final action, the 
EPA Federal rules will govern conformity of general Federal actions 
within the State of Texas. The revisions also update the narrative 
portion of the SIP. This action is being taken in accordance with 
sections 110 and 176 of the Act.

DATES: This rule is effective on September 16, 2014 without further 
notice, unless EPA receives relevant adverse comment by August 18, 
2014. 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: Submit your comments, identified by Docket No. EPA-R06-OAR-
2011-0919, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions.
     Email: Jeffrey Riley at [email protected].
     Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2011-0919. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through http://www.regulations.gov or email, if you believe that it is 
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means that EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment along with any disk or CD-ROM 
submitted. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters and any form of encryption and should be free of any 
defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    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). 
To inspect the hard copy materials, please schedule an appointment with 
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph 
below or Mr. Bill Deese at 214-665-7253.

FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, (214) 665-8542, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. EPA's Evaluation
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

A. What is general conformity?

    General Conformity is a requirement of section 176(c) of the CAA. 
Congress recognized that actions taken by Federal agencies could affect 
a State, Tribal, or local agency's ability to attain and maintain the 
national ambient air quality standards (NAAQS). Under General 
Conformity, any action by the Federal government cannot: Cause or 
contribute to any new violation of any standard in any area; interfere 
with provisions in the applicable SIP for maintenance of any standard; 
increase the frequency or severity of any existing violation of any 
standard in any area; or delay timely attainment of any standard, any 
required interim emission reductions, or any other milestones, in any 
area. The CAA Amendments of 1990 clarified and strengthened the 
provisions in section 176(c). EPA promulgated General Conformity SIP 
regulations on November 30, 1993 (58 FR 63214) and required states to 
adopt and submit a General Conformity SIP for approval by EPA (See 40 
CFR Part 51, subpart W (sections 850 to 860 (1993)).

B. General Conformity Affected by the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)

    On August 10, 2005, Congress passed the SAFETEA-LU Act that, among 
other things, amended the CAA to eliminate the requirement for States 
to adopt and submit General Conformity SIPs. On April 5, 2010 (75 FR 
17254), EPA updated the General Conformity SIP Rules to, among other 
things, be consistent with the SAFETEA-LU by eliminating the Federal 
regulatory requirement for states to adopt and submit general 
conformity SIPs, instead making submission of a general conformity SIP 
a state option. See 40 CFR 51.851.

C. Prior Texas General Conformity SIP Revision Action

    On March 11, 1998 (63 FR 11833), EPA approved Title 30 Texas 
Administrative Code (TAC) section 101.30, Conformity of General and 
State Actions to State Implementation Plans. Texas' rule mirrored the 
federal requirements in 40 CFR Part 93, Subpart B and Part 51, Subpart 
W, and specifically referenced the 1993 Federal General Conformity SIP 
rule. On July 23, 2010 (75 FR 43062), EPA made a ministerial correction 
to the table in 40 CFR 52.2270(c) to reflect the correct title of the 
EPA approved regulation in the Texas SIP. The ministerial correction 
applied to the table entry for Section 101.30, revising the title to 
``Conformity of General Federal Actions to State Implementation 
Plans''.

D. State Submittal

    On October 28, 2011, the State of Texas submitted SIP revisions 
consisting of a repeal of section 101.30, Conformity of General Federal 
Actions to State Implementation Plans, in 30 TAC Chapter 101, General 
Air Quality

[[Page 41907]]

Rules, Subchapter A, General Rules, as well as corresponding revisions 
to the narrative portion of the SIP to eliminate references to repealed 
federal rules. The repeal of the state rule is also intended to 
eliminate the need for future state rule revisions as a result of 
amendments to federal regulations.

II. EPA's Evaluation

    We have reviewed Texas' submittal to assure consistency with the 
current Clean Air Act, as amended by SAFETEA-LU, and EPA regulations 
governing state procedures for general conformity (40 CFR Part 93, 
Subpart B and 40 CFR 51.851). The October 28, 2011 revisions, upon 
approval by EPA, removes Sec.  101.30, ``Determining Conformity of 
General Federal Actions to State or Federal Implementation Plans,'' 
from the SIP and revises the SIP Narrative. With the removal of Sec.  
101.30 from the SIP, the federal rules in 40 CFR Part 93, Subpart B 
will directly govern conformity of general federal actions in the State 
of Texas. 40 CFR Part 93, Subpart B continues to subject certain 
federal actions to general conformity requirements without the need for 
identical state rules and SIPs. Therefore, repealing the state rule 
will not impact continuity of the general conformity program in Texas, 
and consequently meets the requirements of section 110(l). Federal 
agencies will only need to comply with the EPA General Conformity Rule 
requirements in 40 CFR Part 93, Subpart B. In addition, Texas' October 
28, 2011 SIP revision meets the requirements set forth in section 110 
of the CAA with respect to adoption and submission of SIP revisions.

III. Final Action

    We are taking direct final action to approve revisions to the Texas 
SIP submitted on October 28, 2011, that pertain to removal of Sec.  
101.30, ``Determining Conformity of General Federal Actions to State or 
Federal Implementation Plans,'' from the SIP and update the narrative 
portion of the SIP. The approval of Texas' conformity SIP revisions 
will align the Texas SIP with the current Clean Air Act, as amended by 
SAFETEA-LU, and the most recent EPA regulations governing state 
procedures for general conformity.
    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 September 16, 
2014 without further notice unless we receive relevant adverse comment 
by August 18, 2014. 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. 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, 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. section 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 
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. 
section 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 September 16, 2014. 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, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.


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    Dated: July 7, 2014.
Ron Curry,
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 is amended by:
0
a. In paragraph (c), the table titled ``EPA Approved Regulations in the 
Texas SIP'' is amended by removing the entry for ``Section 101.30, 
Conformity of General Federal Actions to State Implementation Plans''; 
and
0
b. In paragraph (e) the second table titled ``EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP'' is amended by adding an entry at the end for ``Conformity with 
the National Ambient Air Quality Standards''.
    The addition reads as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (e) * * *

              EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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                                                            State
                                        Applicable        submittal/
      Name of SIP provision            geographic or      effective     EPA approval date         Comments
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Conformity with the National       Statewide...........   10/28/2011  7/18/2014 [Insert     The General
 Ambient Air Quality Standards.                                        Federal Register      Conformity SIP is
                                                                       citation].            removed from the
                                                                                             Texas SIP; the
                                                                                             federal rules at 40
                                                                                             CFR Part 93,
                                                                                             subpart B apply
                                                                                             now.
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[FR Doc. 2014-16826 Filed 7-17-14; 8:45 am]
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