[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Rules and Regulations]
[Pages 1127-1128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33180]



[[Page 1127]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0388; FRL-9940-86-Region 6]


Approval and Promulgation of Implementation Plans; Infrastructure 
and Interstate Transport State Implementation Plan for the 2010 Sulfur 
Dioxide National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of a State Implementation Plan (SIP) submission from the State 
of Texas for the Sulfur Dioxide (SO2) National Ambient Air 
Quality Standards (NAAQS). The submittal addresses how the existing SIP 
provides for implementation, maintenance, and enforcement of the 2010 
SO2 NAAQS (infrastructure SIP or i-SIP). This i-SIP ensures 
that the State's SIP is adequate to meet the state's responsibilities 
under the Federal Clean Air Act (CAA).

DATES: This final rule is effective on February 10, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2013-0388. 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 
EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Nevine Salem, 214-665-7222, 
[email protected].

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

I. Background

    The background for this action is discussed in detail in our 
October 6, 2015 proposal (80 FR 60314). In that document, we proposed 
to approve portions of the SIP submittal from the State of Texas 
adopted on April 23, 2013, and submitted on May 6, 2013. The submittal 
addresses how the existing SIP provides for implementation, 
maintenance, and enforcement of the 2010 SO2 NAAQS. This i-
SIP ensures that the State's SIP is adequate to meet the state's 
responsibilities under the CAA. We did not receive any comments 
regarding our proposal.

II. Final Action

    EPA is approving portions of the May 6, 2013, infrastructure SIP 
submission from Texas, which addresses the requirements of CAA sections 
110(a)(1) and (2) as applicable to the 2010 SO2 NAAQS. 
Specifically, EPA is approving the following infrastructure elements, 
or portions thereof: 110(a)(2)(A), (B), (C), (D)(i)(II) (PSD portion), 
D(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA is not taking 
action on: The portion pertaining to section 110(a)(2)(D)(i)(I), which 
concerns interstate pollution transport affecting attainment and 
maintenance of the NAAQS and the portion pertaining to section 
110(a)(2)(D)(i)(II) pertaining to visibility protection.

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, 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);
     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 March 11, 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).)

[[Page 1128]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur dioxide.


    Dated: December 23, 2015.
Samuel Coleman,
Acting 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 adding an entry at the end for ``Infrastructure and 
Transport SIP Revision for the 2010 SO2 NAAQS'' to read 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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                                     Applicable
                                    geographic or        State
      Name of SIP provision         nonattainment      submittal/     EPA approval date          Comments
                                        area        effective  date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Infrastructure and Transport SIP        Statewide         5/6/2013   1/11/2016 [Insert   Approval for CAA
 Revision for the 2010 SO2 NAAQS.                                     Federal Register    elements 110(a)(2)(A),
                                                                      citation].          (B), (C), (D)(i)(II)
                                                                                          (PSD portion), D(ii),
                                                                                          (E), (F), (G), (H),
                                                                                          (J), (K), (L), and
                                                                                          (M).
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[FR Doc. 2015-33180 Filed 1-8-16; 8:45 am]
 BILLING CODE 6560-50-P