[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Rules and Regulations]
[Pages 18429-18431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08662]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0519; FRL-9977-04--Region 6]


Approval and Promulgation of Implementation Plans; Texas; Control 
of Air Pollution From Visible Emissions and Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA), the Environmental 
Protection Agency (EPA) is approving revisions to the Texas State 
Implementation Plan (SIP) submitted by the State of Texas to EPA on 
August 23, 2017, that pertain to particulate matter standards and 
outdoor burning regulations. This rulemaking action is being taken 
under Section 110 of the CAA.

DATES: This rule is effective on July 26, 2018 without further notice, 
unless the EPA receives relevant adverse comment by May 29, 2018. If 
the EPA receives such comment, the 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-
2017-0519, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Mr. Randy Pitre, (214) 
665-7299, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    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).

FOR FURTHER INFORMATION CONTACT: Mr. Randy Pitre, 214-665-7299, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Mr. Randy Pitre or Mr. Bill Deese at 214-
665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    Section 110 of the CAA requires states to develop and submit to the 
EPA a SIP to ensure that state air quality meets National Ambient Air 
Quality Standards (NAAQS). These ambient standards currently address 
six criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, 
lead, particulate matter, and sulfur dioxide. Each federally-approved 
SIP protects air quality primarily by addressing air pollution at its 
point of origin through air pollution regulations and control 
strategies. The EPA approved SIP regulations and control strategies are 
federally enforceable.
    On August 23, 2017, the Texas Commission on Environmental Quality 
(TCEQ or ``the State'') submitted revisions to the Texas SIP that 
address Control of Air Pollution from Visible Emissions and Particulate 
Matter requirements found in Title 30 of the Texas Administrative Code 
(30 TAC), Chapter 111 (Control of Air Pollution from Visible Emissions 
and Particulate Matter), Subchapter B (0utdoor Burning). The submitted 
revisions address two sections within Chapter 111: In section 111.203 
(``Definitions'') and the State added a new section 111.217, titled 
``Requirements for Certified and Insured Prescribed Burn Managers.''

II. The EPA's Evaluation

    As described in the Technical Support Document (TSD) accompanying 
this action, the TCEQ submitted revisions to 30 TAC Chapter 111, 
Subchapter B, Sections 203 and 217. The submittal revises 30 TAC 
111.203 by adding two definitions: ``Certified and Insured Prescribed 
Burn Manager'' and ``Sunrise/Sunset.'' These new definitions enhance 
the SIP by establishing a responsible party for prescribed fire 
management and add clarity. Additional edits include renumbering to 
account for the new definitions and minor edits that add specificity.
    The submittal also revises 30 TAC 111 by adding Section 217: 
``Requirements for Certified and Insured Prescribed Burn Managers.'' 
This section describes the obligations regarding authority to direct a 
burn, allowable habitats for a burn, notification procedures, proximity 
to city/town limits, local ordinances, meteorological and temporal 
conditions, and items not permissible for burning. These revisions are 
consistent with Table 1 to 40 CFR 50.14.
    Because these revisions include requirements that protect public 
health and property, and reduce or eliminate an impact from prescribed 
burning on the NAAQS, they improve the SIP. For these reasons, we do 
not believe such revisions would interfere with attainment of the 
NAAQS, reasonable further progress, or any other applicable requirement 
of the CAA, and we find these revisions approvable. For more detail, 
please see the TSD for this action.

III. Final Action

    We are approving the August 23, 2017, submittal that adopted 
amendments to the Texas SIP at 30 TAC Section 111.203 and 30 TAC 
Section 111.217.
    The 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

[[Page 18430]]

SIP revision if relevant adverse comments are received. This rule will 
be effective on July 26, 2018 without further notice unless we receive 
relevant adverse comment by May 29, 2018. 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. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final Action 
section above. The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and at the 
EPA Region 6 Office (please contact Mr. Randy Pitre, 214-665-7299, 
[email protected] for more information). Therefore, these materials 
have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into that plan, are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking of EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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, 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. 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 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 26, 2018. 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, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: April 19, 2018.
Anne Idsal,
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(c) the table titled ``EPA Approved Regulations in 
the Texas SIP'' is amended by revising the entry for section 111.203 
under Chapter 111, Subchapter B and adding an entry for section 
111.217.
    The amendments read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

[[Page 18431]]



                                    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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                                          Subchapter B: Outdoor Burning
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 111.203................  Definitions.........        7/7/2017  4/27/2018, [Insert
                                                                        Federal Register
                                                                        citation].
 
                                                  * * * * * * *
Section 111.217................  Requirements for            7/7/2017  4/27/2018, [Insert
                                  Certified and                         Federal Register
                                  Insured Prescribed                    citation].
                                  Burn Managers.
 
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[FR Doc. 2018-08662 Filed 4-26-18; 8:45 am]
 BILLING CODE 6560-50-P