[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Rules and Regulations]
[Pages 1881-1882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00574]



40 CFR Part 52

[EPA-R06-OAR-2011-0864; FRL-9941-29-Region 6]

Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Infrastructure and Interstate Transport for the 2008 Lead 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: Under the Federal Clean Air Act (CAA) the Environmental 
Protection Agency (EPA) is approving a State Implementation Plan (SIP) 
submission from the State of Texas for the 2008 Lead (Pb) National 
Ambient Air Quality Standards (NAAQS). The submittal addresses how the 
existing SIP provides for implementation, maintenance, and enforcement 
of the 2008 Pb 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 CAA, including the four CAA requirements for interstate 
transport of Pb emissions.

DATES: This final rule is effective on February 16, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2011-0864. 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: Tracie Donaldson, 214-665-6633, 
[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 15, 2015, proposal (80 FR 62003). In that document, we proposed 
that the Texas i-SIP submittal for the 2008 Pb NAAQS met the 
requirements for an i-SIP, including the requirements for interstate 
transport of Pb emissions. This action is being taken under section 110 
of the Act. We did not receive any comments regarding our proposed 

II. Final Action

    We are approving the September 8, 2011 and October 13, 2011, 
submissions from Texas, which address the requirements of CAA sections 
110(a)(1) and (2) as applicable to the 2008 Pb NAAQS. Specifically, we 
are approving these infrastructure elements: 110(a)(2)(A), (B), (C), 
(D), (E), (F), (G), (H), (J), (K), (L), and (M). We are also approving 
the Texas demonstration that it meets the four statutory requirements 
for interstate transport of Pb emissions.

III. 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, 
     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, 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);

[[Page 1882]]

     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. 
    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 14, 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, Intergovernmental relations, Lead (Pb), Reporting and 
recordkeeping requirements.

    Dated: January 5, 2016.
Ron Curry,
Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:


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, the second table in paragraph (e) titled ``EPA 
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the 
Texas SIP'' is amended by adding the entry ``Infrastructure and 
Interstate Transport for the 2008 Pb NAAQS'' at the end of the table to 
read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
                                  geographic or        State submittal/
     Name of SIP provision        nonattainment         effective date      EPA approval date       Comments
                                                  * * * * * * *
Infrastructure and Interstate   Statewide........     9/8/2011, 10/13/2011  1/14/2016 [Insert  .................
 Transport for the 2008 Pb                                                   Federal Register
 NAAQS.                                                                      citation].

[FR Doc. 2016-00574 Filed 1-13-16; 8:45 am]