Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 69685 

1 ‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements under Clean 

Air Act Sections 110(a)(1) and 110(a)(2),’’ 

Memorandum from Stephen D. Page, September 13, 

2013. 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or 

non-attainment area 

State 

submittal/effective date EPA approval date Comments 

*******

Vehicle Inspection and Maintenance.Dallas-Fort Worth, El Paso 

County and Houston-Galveston-Brazoria.

6/11/2015 10/7/2016, [Insert Federal 

Register citation] 

* * * * * * * 

Austin Early Action Compact 

area Vehicle Inspection and 

Maintenance.

Travis and Williamson Counties 6/11/2015 10/7/2016, [Insert Federal 

Register citation] 

* * * * * 

[FR Doc. 2016–24205 Filed 10–6–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0953; FRL–9952–76– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Infrastructure Requirements for 

Consultation With Government 

Officials, Public Notification and 

Prevention of Significant Deterioration 

and Visibility Protection for the 2008 

Ozone and 2010 Nitrogen Dioxide 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

State Implementation Plan (SIP) 

submittals from the State of Texas 

pertaining to Clean Air Act (CAA) 

section 110(a)(2)(J): Consultation with 

Government Officials, Public 

Notification, and Prevention of 

Significant Deterioration and Visibility 

Protection for the 2008 Ozone (O3) and 

2010 Nitrogen Dioxide (NO2) National 

Ambient Air Quality Standards 

(NAAQS). These submittals address 

how the existing SIP provides for 

implementation, maintenance, and 

enforcement of the 2008 O3 and 2010 

NO2 NAAQS (infrastructure SIPs or 

i-SIPs). These i-SIPs ensure that the SIP 

is adequate to meet the State’s 

responsibilities under the CAA. This 

direct final rule and the accompanying 

proposal will complete the rulemaking 

process started in our February 8, 2016, 

proposal, approve Section 110(a)(2)(J), 

and confirm that the SIP has adequate 

infrastructure to implement, maintain 

and enforce this section of the CAA 

with regard to the 2008 O3 and 2010 

NO2 NAAQS. 

DATES: This rule is effective on 

December 6, 2016 without further 

notice, unless the EPA receives relevant 

adverse comment by November 7, 2016. 

If EPA receives such comment, 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–2012–0953, at http://

www.regulations.gov or via email to 

fuerst.sherry@epa.gov. Follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. 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. 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 Sherry Fuerst, 

(214) 665–6454, fuerst.sherry@epa.gov. 

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: 

Sherry Fuerst, 214–665–6454, 

fuerst.sherry@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Ms. Fuerst or Bill 

Deese at 214–665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means EPA. 

I. Background 

On March 12, 2008, EPA revised the 

levels of the ozone (hereafter the 2008 

O3) NAAQS (73 FR 16436, March 27, 

2008). Likewise, on January 22, 2010, 

we revised the nitrogen dioxide NAAQS 

(hereafter the 2010 NO2) (75 FR 6474, 

February 9, 2010). The CAA requires 

states to submit, within three years after 

promulgation of a new or revised 

standard, SIPs meeting the applicable 

‘‘infrastructure’’ elements of sections 

110(a)(1) and (2). We issued guidance 

addressing the i-SIP elements for 

NAAQS.1 One of these applicable 

infrastructure elements, CAA section 

110(a)(2)(J), requires the SIP must meet 

the following three CAA requirements: 

(1) Section 121, relating to interagency 

consultation regarding certain CAA 

requirements; (2) section 127, relating to 

public notification of NAAQS 

exceedances and related issues; and (3) 

prevention of significant deterioration of 

air quality and visibility protection. 

The Texas Commission on 

Environmental Quality submitted i-SIP 

demonstrations of how the existing 

Texas SIP meets the requirements of the 

2010 NO2 NAAQS on December 7, 2012, 

and for the 2008 O3 NAAQS on 

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69686 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 

December 13, 2012. A detailed 

discussion of our evaluation of how the 

Texas submittals meet 110(a)(2)(J) is 

provided in our February 8, 2016 

proposal (81 FR 6483 at 6486)) and in 

the Technical Support Document (TSD) 

for that action. The TSD can be accessed 

through www.regulations.gov 

(Document EPA–R06–OAR–2012–0953– 

002). We proposed to approve elements 

of the i-SIP submittals from the State of 

Texas for the O3 and NO2 NAAQS but 

for element (J) and subsequently, we 

took final action to approve all but 

element (J) on September 9, 2016 (81 FR 

62375). However, through inadvertent 

errors, we neglected to complete the 

rulemaking process for CAA section 

110(a)(2)(J) for both O3 and NO2 NAAQS 

in the proposal and final documents. 

II. EPA’s Evaluation 

In the proposal, we discussed how the 

requirements of section 110(a)(2)(J) for 

both NO2 and O3 NAAQS were met. 

However, we neglected to explicitly 

propose approval of the specific 

provisions of Section 110(a)(2)(J) 

anywhere in the Preamble and 

definitely not in our ‘‘Proposed Action’’ 

section at 81 FR 6487. The public had 

the opportunity to review and comment 

on our evaluation of this provision in 

the Preamble but we never formally 

proposed this provision for approval. As 

such, we could not finalize approval of 

section 110(a)(2)(J) for the 2008 O3 and 

2010 NO2 NAAQS at 81 FR 62375. 

Please see EPA’s proposed approval at 

81 FR 6483 for our technical evaluation. 

The evaluation of all subsections of 

CAA section 110(a)(2)(J) can be found at 

81 FR 6483, page 6486. The TSD for 81 

FR 6483 is available in the docket, 

provides additional details to support 

our determination that this element 

meets the federal requirements and is 

fully approvable. We incorporate our 

previous evaluation of this element into 

this action. EPA did receive and 

respond to comments on the proposed 

action, but none of the comments 

received were specific to element (J) of 

CAA section 110(a)(2). See 81 FR 62375 

September 9, 2016. Our evaluation and 

preliminary determination of 

approvability did not change as a result 

of these comments. 

This final action is merely correcting 

our previous error in failing to propose 

approval of this element on the basis of 

our previous technical evaluation and 

preliminary determination. EPA has not 

changed its rationale. We therefore are 

approving the portions of the December 

13, 2012, and December 7, 2012, i-SIP 

submissions from Texas as meeting the 

infrastructure element (J) for the 2008 

ozone NAAQS and the 2010 NO2 

NAAQS. We continue to assert that 

Texas’ existing SIP provides for 

implementation, maintenance, and 

enforcement of the 2008 O3 and 2010 

NO2 NAAQS. 

III. Final Action 

We are approving portions of the 

following SIP submittals pertaining to 

CAA section 110(a)(2)(J): (1) December 

13, 2012, SIP submittal for the State of 

Texas pertaining to the implementation, 

maintenance and enforcement of the 

2008 ozone NAAQS, and; (2) December 

7, 2012, SIP submittal pertaining to the 

implementation, maintenance and 

enforcement of the 2010 nitrogen 

dioxide NAAQS as outlined in our 

February 8, 2016, proposal. 

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 

SIP revision if relevant adverse 

comments are received. This rule will 

be effective on December 6, 2016 

without further notice unless we receive 

relevant adverse comment by November 

7, 2016. 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. 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 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 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 

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Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 69687 

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 December 6, 2016. 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).) 

Samuel Coleman was designated the 

Acting Regional Administrator on 

September 30, 2016, through the order 

of succession outlined in Regional 

Order R6–1110.1, a copy of which is 

included in the docket for this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone. 

Dated: September 30, 2016. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 § 52.2270(e), the table titled 

‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Texas SIP’’ is amended 

by revising the entries for 

‘‘Infrastructure and Transport SIP 

Revisions for the 2010 Nitrogen Dioxide 

Standard’’ and ‘‘Infrastructure and 

Transport SIP Revisions for the 2008 

Ozone Standard’’ to read as follows. 

§ 52.2270 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal/ 

effective date 

EPA approval date Comments 

*******

Infrastructure and Transport SIP Revisions for the 2010 Nitrogen Dioxide 

Standard.

Statewide .......... 12/7/2012 9/9/2016, 81 FR 

62375.

Approval for 110(a)(2)(A), (B), (C), (D)(i) 

(portions pertaining to nonattainment 

and interference with maintenance), 

D(ii), (E), (F), (G), (H), (K), (L) and 

(M). Approval for 110(a)(2)(J) on 10/7/ 

2016, [Insert Federal Register citation]. 

Infrastructure and Transport SIP Revisions for the 2008 Ozone Standard.Statewide .......... 12/13/2012 9/9/2016, 81 FR 

62375.

Approval for 110(a)(2)(A), (B), (C), (D)(i) 

(portion pertaining to PSD), D(ii), (E), 

(F), (G), (H), (K), (L) and (M). Approval 

for 110(a)(2)(J) 10/7/2016, [Insert Federal Register citation]. 

[FR Doc. 2016–24115 Filed 10–6–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0603; FRL–9953–52– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Philadelphia County 

Reasonably Available Control 

Technology Under the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving state 

implementation plan (SIP) revisions 

submitted by the Commonwealth of 

Pennsylvania (Pennsylvania). The 

revisions pertain to a demonstration that 

Philadelphia County (Philadelphia) 

meets the requirements for reasonably 

available control technology (RACT) of 

the Clean Air Act (CAA) for nitrogen 

oxides (NOX) and volatile organic 

compounds (VOC) as ozone precursors 

for the 1997 8-hour ozone national 

ambient air quality standards (NAAQS). 

In this rulemaking action, EPA is 

approving three separate SIP revisions 

addressing RACT under the 1997 8-hour 

ozone NAAQS for Philadelphia; 

approving portions of two previously 

submitted RACT SIP revisions, which 

EPA had found deficient and 

conditionally approved; and converting 

the prior conditional approval of the 

Philadelphia RACT demonstration for 

the 1997 8-hour ozone NAAQS to full 

approval. EPA is approving these 

revisions to the Pennsylvania SIP 

addressing 1997 8-hour ozone RACT for 

Philadelphia in accordance with the 

requirements of the CAA. 

DATES: This final rule is effective on 

November 7, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2008–0603. 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 

(CBI) 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 through http://

www.regulations.gov or please contact 

the person identified in the FOR FURTHER

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