[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Rules and Regulations]
[Pages 25920-25922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11973]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0843; FRL-9978-48--Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Infrastructure and Interstate Transport for the 2012 Fine Particulate 
Matter Ambient Air Quality Standard

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 elements of the 
Texas Infrastructure State Implementation Plan (i-SIP) submittal 
addressing how the existing SIP provides for implementation, 
maintenance and enforcement of the 2012 fine particulate matter 
(PM2.5) National Ambient Air Quality Standard (NAAQS).

DATES: This rule is effective on July 5, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2015-0843. 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: Sherry Fuerst, 214-665-6454, 
[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 March 
22, 2018 proposal (83 FR 12522). In that document we proposed to 
approve the December 1, 2015 i-SIP submittal from Texas Commission on 
Environmental Quality (TCEQ) pertaining to the implementation, 
maintenance and enforcement of the 2012 PM2.5 NAAQS in Texas 
and three of the four of the interstate transport requirements.

[[Page 25921]]

    We received two comments in support of our proposal, one from the 
TCEQ and one that was anonymously submitted. We also received seventeen 
comments that are not relevant to the action we proposed. All comments 
can be found in the docket for this action.

II. Response to Comments

    Comment: TCEQ commented that while they are in support of our 
proposed approval that Texas meets its infrastructure and transport 
obligation for the 2012 PM2.5 NAAQS, they believe that Texas 
is meeting all four sub-element requirements of Section 
110(a)(2)(D)(i). TCEQ noted that EPA did not provide an explanation as 
to why no action was taken on the interference with visibility 
provision for CAA Section 110(a)(2)(D)(i)(II).
    Response: We acknowledge TCEQ's support of our proposed action. We 
note that we did not propose to take any action on the portion of the 
SIP submittal that was submitted to address the interference with 
visibility provision found in CAA Section 110(a)(2)(D)(i)(II), 
therefore the comment related to this provision is outside the scope of 
this action. EPA believes the visibility transport provision is closely 
related to the Act's Regional Haze requirements and therefore, intends 
to address this provision separately in a future action.

II. Final Action

    We are finalizing this rule as proposed, therefore approving the 
portions of the December 1, 2015 2012 PM2.5 NAAQS i-SIP 
submittal pertaining to implementation, maintenance and enforcement 
including transport except for sub-element four pertaining to 
interference with visibility protection 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 (Public Law 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. 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 August 6, 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 29, 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 the second table titled ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP'' is amended by adding an entry for ``Infrastructure and Interstate 
Transport for the 2012 PM2.5 NAAQS'' at the end to read as 
follows:


Sec.  52.2270  Identification of plan

* * * * *
    (e) * * *

[[Page 25922]]



              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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                                                          State
                                       Applicable       submittal/
      Name of SIP provision          geographic or      effective    EPA approval date           Comments
                                  nonattainment  area      date
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                                                  * * * * * * *
Infrastructure and Interstate     Statewide..........   12/01/2015  6/5/2018, [Insert    Approval for CAA
 Transport for the 2012 PM2.5                                        Federal Register     elements 110(a)(2)(A),
 NAAQS.                                                              citation].           (B), (C), (D)(i)(I),
                                                                                          (D)(i)(II) (portion
                                                                                          pertaining to PSD),
                                                                                          (D)(ii), (E), (F),
                                                                                          (G), (H), (J), (K),
                                                                                          (L), and (M). 6/5/
                                                                                          2018, [Insert Federal
                                                                                          Register citation].
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[FR Doc. 2018-11973 Filed 6-4-18; 8:45 am]
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