Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations 1127 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0388; FRL–9940–86– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Infrastructure 

and Interstate Transport State 

Implementation Plan for the 2010 

Sulfur Dioxide National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

a State Implementation Plan (SIP) 

submission from the State of Texas for 

the Sulfur Dioxide (SO2) National 

Ambient Air Quality Standards 

(NAAQS). The submittal addresses how 

the existing SIP provides for 

implementation, maintenance, and 

enforcement of the 2010 SO2 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 Federal Clean Air Act (CAA). 

DATES: This final rule is effective on 

February 10, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2013–0388. 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 

EPA Region 6, 1445 Ross Avenue, Suite 

700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Nevine Salem, 214–665–7222, 

salem.nevine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

The background for this action is 

discussed in detail in our October 6, 

2015 proposal (80 FR 60314). In that 

document, we proposed to approve 

portions of the SIP submittal from the 

State of Texas adopted on April 23, 

2013, and submitted on May 6, 2013. 

The submittal addresses how the 

existing SIP provides for 

implementation, maintenance, and 

enforcement of the 2010 SO2 NAAQS. 

This i-SIP ensures that the State’s SIP is 

adequate to meet the state’s 

responsibilities under the CAA. We did 

not receive any comments regarding our 

proposal. 

II. Final Action 

EPA is approving portions of the May 

6, 2013, infrastructure SIP submission 

from Texas, which addresses the 

requirements of CAA sections 110(a)(1) 

and (2) as applicable to the 2010 SO2

NAAQS. Specifically, EPA is approving 

the following infrastructure elements, or 

portions thereof: 110(a)(2)(A), (B), (C), 

(D)(i)(II) (PSD portion), D(ii), (E), (F), 

(G), (H), (J), (K), (L), and (M). EPA is not 

taking action on: The portion pertaining 

to section 110(a)(2)(D)(i)(I), which 

concerns interstate pollution transport 

affecting attainment and maintenance of 

the NAAQS and the portion pertaining 

to section 110(a)(2)(D)(i)(II) pertaining to 

visibility protection. 

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, 

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 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. 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 March 11, 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).) 


Lhorne on DSK5TPTVN1PROD with RULES
1128 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 

Dated: December 23, 2015. 

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 second table 

titled ‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Texas SIP’’ is amended 

by adding an entry at the end for 

‘‘Infrastructure and Transport SIP 

Revision for the 2010 SO2 NAAQS’’ 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 

Revision for the 2010 SO2

NAAQS.

Statewide 5/6/2013 1/11/2016 [Insert Federal Register citation].Approval for CAA elements 110(a)(2)(A), (B), 

(C), (D)(i)(II) (PSD portion), D(ii), (E), (F), 

(G), (H), (J), (K), (L), and (M). 

[FR Doc. 2015–33180 Filed 1–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0813; FRL–9940–93– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington; 

Removal of Obsolete Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to remove outdated rules in the 

Code of Federal Regulations (CFR) for 

the State of Washington because they 

are unnecessary or obsolete. The EPA is 

also clarifying regulations to reflect 

updated citations and more recent air 

quality monitoring data. This direct 

final action makes no substantive 

changes to the State Implementation 

Plan (SIP) and imposes no new 

requirements. 

DATES: This rule is effective on March 

11, 2016, without further notice, unless 

the EPA receives adverse comment by 

February 10, 2016. If the EPA receives 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2015–0813, at http://

www.regulations.gov. 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, 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. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, EPA Region 10, (206) 553–0256, 

hunt.jeff@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, it is 

intended to refer to the EPA. 

I. Introduction 

This action is being taken pursuant to 

Executive Order 13563—Improving 

Regulation and Regulatory Review. It is 

intended to reduce the number of pages 

in the CFR by identifying those rules in 

40 CFR part 52, subpart WW, for the 

State of Washington that are 

duplicative, outdated, or obsolete. These 

rules no longer have any use or legal 

effect because they have been 

superseded by subsequently approved 

SIP revisions. This action also amends 

certain rules by revising outdated 

citations and updating provisions based 

on more recent ambient air quality 

monitoring data. One aspect of the 

EPA’s action removes historical 

information found in the ‘‘Original 

Identification of plan’’ section in 40 CFR 

52.2477. This section is no longer 

necessary because the EPA promulgated 

administrative rule actions to replace 

these paragraphs with summary tables 

in 40 CFR 52.2470 (78 FR 17108, March 

20, 2013). These summary tables 

describe the regulations, source-specific 

actions, and non-regulatory 

requirements which comprise the SIP. 

II. Removal of Obsolete or Unnecessary 

Rules and Clarifications to Certain 

Rules 

The EPA reviewed the following 

regulations and found that they should 

be removed or revised for the reasons 

set forth as follows: 


Lhorne on DSK5TPTVN1PROD with RULES