[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Rules and Regulations]
[Pages 22207-22208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10162]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2016-0716; FRL-9977-26--Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Interstate Transport Requirements for the 1997 and 2006 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving portions of three 
Texas State Implementation Plan (SIP) submittals pertaining to CAA 
requirements to prohibit emissions which will significantly contribute 
to nonattainment or interfere with maintenance of the 1997 and 2006 
fine particulate matter (PM2.5) National Ambient Air Quality 
Standards (NAAQS) in other states.

DATES: This rule is effective on June 13, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2016-0716. All documents in the docket are 
listed on the http://www.regulations.gov website. 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: Carl Young, 214-665-6645, 
[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 
February 14, 2018 proposal (83 FR 6493). In that document we proposed 
to approve portions of three Texas SIP submittals pertaining to the CAA 
section 110(a)(2)(D)(i)(I) requirements based on our conclusion, which 
is consistent with the State's ultimate conclusion, that emissions from 
Texas will not significantly contribute to nonattainment or interfere 
with maintenance of the 1997 and 2006 p.m. 2.5 NAAQS in other states. 
Specifically, we proposed to approve (1) the portions of the April 4, 
2008 and May 1, 2008 SIP submittals for the 1997 PM2.5 NAAQS 
and (2) the portion of the November 23, 2009 submittal for the 2006 
PM2.5 NAAQS, as they pertain to CAA section 
110(a)(2)(D)(i)(I).
    We received comments in support of our proposal from the Texas 
Commission on Environmental Quality (TCEQ) and Vistra Energy 
Corporation. TCEQ also noted in their comments that they disagree with 
EPA's method for determining significant contribution to nonattainment 
or interference with maintenance of the NAAQS in other states. We 
acknowledge the State's position and welcome continued discussion and 
collaboration between EPA and the State on the issue.

II. Final Action

    We are approving the portions of the April 4, 2008 and May 1, 2008 
SIP submittals for the 1997 PM2.5 NAAQS and the portion of 
the November 23, 2009 submittal for the 2006 PM2.5 NAAQS, as 
they pertain to CAA requirements to prohibit emissions which will 
significantly contribute to nonattainment or interfere with maintenance 
of the 1997 and 2006 PM2.5 NAAQS in other states.

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, 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

[[Page 22208]]

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. 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 July 13, 2018. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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.

    Dated: May 8, 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(e), in the second table, titled ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP,'' revise the entry for ``Infrastructure and Interstate Transport 
for the 1997 Ozone and the 1997 and 2006 PM2.5 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  State submittal/    EPA approval
     Name of SIP provision      or nonattainment area   effective date         date               Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Infrastructure and Interstate   Statewide............  12/12/2007, 3/11/ 12/28/2011, 76    Approval for CAA
 Transport for the 1997 Ozone                           2008, 4/4/2008,   FR 81371.         elements
 and the 1997 and 2006 PM2.5                            5/1/2008, 11/23/                    110(a)(2)(A), (B),
 NAAQS.                                                 2009.                               (E), (F), (G), (H),
                                                                                            (K), (L), and (M).
                                                                                            Full approval for
                                                                                            CAA elements
                                                                                            110(a)(2)(C),
                                                                                            (D)(i)(II), (D)(ii)
                                                                                            and (J) with
                                                                                            approval of the GHG
                                                                                            PSD revision (11/10/
                                                                                            2014, 79 FR 66626).
                                                                                            1997 and 2006 PM2.5
                                                                                            element D(i)(I)
                                                                                            approved 5/14/2018,
                                                                                            [Insert Federal
                                                                                            Register citation].
 
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[FR Doc. 2018-10162 Filed 5-11-18; 8:45 am]
 BILLING CODE 6560-50-P