[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Rules and Regulations]
[Pages 77253-77255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31310]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0205; FRL-9940-03-Region 6]


Approval and Promulgation of Implementation Plans; Texas; El Paso 
Particulate Matter Contingency Measures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving under 
the Federal Clean Air Act (the Act) State Implementation Plan (SIP) 
revisions submitted by the State of Texas. These revisions pertain to 
contingency measures for particulate matter in the City of El Paso. The 
affected contingency measures are the paving of alleys and sweeping of 
streets.

DATES: This final rule is effective on January 13, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2012-0205. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

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

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

I. Background

    The background for today's action is discussed in detail in our 
August 19, 2015 proposal (80 FR 50248). In that notice, we proposed to 
approve revisions to the Texas SIP pertaining to contingency measures 
for controlling particulate matter (PM) with an aerodynamic diameter 
less than or equal to a nominal ten micrometers (PM10) in 
the City of El Paso. We did not receive any comments regarding our 
proposal.

II. Final Action

    We are approving revisions to the Texas SIP pertaining to 
PM10 dust control contingency measures in the City of El 
Paso. The State's revisions submitted on March 7, 2012 amend rule 30 
TAC section 111.147(1)(E) by removing the requirement to pave alleys at 
the rate of 15 miles/year, and replace it with the following 
requirements:
    (1) All new alleys must be paved;
    (2) Unpaved alleys may not be used for residential garbage and 
recycling collection; and
    (3) The use of recycled asphalt product as defined in section 
111.145 and section 111.147(1) may be used as an alternate means of 
particulate matter control for alleys.
    We are also approving revisions to 30 TAC section 111.147(1) that 
define reclaimed asphalt pavement, and 30 TAC section 111.147(2) that 
changes the sweeping frequency requirement from four to three times per 
year in the city limits and from six to four times per week in the El 
Paso central business district. This action is being taken under 
section 110 of the Act.

III. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final Action 
section above. We have made, and will continue to make, these documents 
generally available electronically through

[[Page 77254]]

www.regulations.gov and/or in hard copy at the EPA Region 6 office.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act. 
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);
     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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 12, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: November 19, 2015.
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:
0
a. In paragraph (c), the table titled ``EPA Approved Regulations in the 
Texas SIP'' is amended by revising the entry for Section 111.147.
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 ``Revision to El 
Paso PM10 Attainment Demonstration SIP''.
    The revision and addition read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
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                                                       State
                                                     approval/
        State citation            Title/subject      submittal   EPA approval date           Explanation
                                                       date
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                                                  * * * * * * *
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           Chapter 111 (Reg 1)--Control of Air Pollution From Visible Emissions and Particulate Matter
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                             Subchapter A: Visible Emissions and Particulate Matter
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[[Page 77255]]

 
                                                  * * * * * * *
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             Division 4: Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots
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                                                  * * * * * * *
Section 111.147...............  Roads, Streets,      1/25/2012   12/14/2015         ............................
                                 and Alleys.                      [Insert Federal
                                                                  Register
                                                                  citation].
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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                                    Applicable         State
                                  geographic or     submittal/
     Name of SIP provision        nonattainment      effective   EPA approval date            Comments
                                       area            date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Revision to El Paso             El Paso, TX......     3/7/2012   12/14/2015         ............................
 PM[ihel1][ihel0] Attainment                                      [Insert Federal
 Demonstration SIP (dust                                          Register
 control contingency measures).                                   citation].
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[FR Doc. 2015-31310 Filed 12-11-15; 8:45 am]
 BILLING CODE 6560-50-P