26680 Federal Register / Vol. 87, No. 87 / Thursday, May 5, 2022 / Rules and Regulations 

Executive order. This action is not 

subject to Executive Order 13045 

because it merely approves a portion of 

one SIP submission as meeting the CAA 

and disapproves portions of two SIP 

submissions as not meeting the CAA. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations. This action merely 

approves a portion of a SIP submission 

as meeting the CAA and disapproves 

portions of two SIP submissions as not 

meeting the CAA. 

K. Congressional Review Act (CRA) 

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 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). 

L. Judicial Review 

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 July 5, 2022. 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, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Sulfur oxides, Visibility 

transport. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: April 25, 2022. 

Earthea Nance, 

Regional Administrator, Region 6. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 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 LL—Oklahoma 

■ 2. Section 52.1928 is amended by 

adding paragraphs (e) and (f) to read as 

follows: 

§ 52.1928 Visibility protection. 

* * * * * 

(e) The portion of the State 

Implementation Plan pertaining to 

adequate provisions to prohibit 

emissions from interfering with 

measures required in another state to 

protect visibility for the 2015 ozone 

national ambient air quality standard 

(NAAQS), submitted on October 25, 

2018, and clarified in a letter dated 

January 5, 2021, is approved. 

(f) The portions of the State 

Implementation Plans pertaining to 

adequate provisions to prohibit 

emissions from interfering with 

measures required in another state to 

protect visibility for the 2010 1-hour 

SO2 NAAQS, submitted on January 28, 

2015, and the 2012 PM2.5 NAAQS, 

submitted on June 16, 2016, are 

disapproved. The deficiencies in the 

Oklahoma SIP that form the basis of our 

disapproval of the interstate visibility 

transport portions of these two State 

Implementation Plan submissions are 

addressed by § 52.1923. 

[FR Doc. 2022–09194 Filed 5–4–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R06–OAR–2021–0517; FRL–8798–02– 

R6] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; Texas; 

Control of Emissions From Existing 

Other Solid Waste Incineration Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is approving the CAA section 111(d)/ 

129 state plan submitted by the State of 

Texas for sources subject to the Other 

Solid Waste Incineration Units (OSWI) 

Emission Guidelines (EG). The Texas 

OSWI plan was submitted to fulfill State 

obligations under CAA section 111(d)/ 

129 to implement and enforce the 

requirements under the OSWI EG. The 

EPA is approving the state plan in part 

and amending the agency regulations in 

accordance with the requirements of the 

CAA. 

DATES: This rule is effective on June 6, 

2022. The incorporation by reference of 

certain material listed in the rule is 

approved by the Director of the Federal 

Register June 6, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R06–OAR–2021–0517. All 

documents in the docket are listed on 

the https://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 electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Karolina Ruan Lei, EPA Region 6 Office, 

Air and Radiation Division—State 

Planning and Implementation Branch, 

1201 Elm Street, Suite 500, Dallas, TX 

75270, (214) 665–7346, ruanlei.karolina@epa.gov. Out of an 

abundance of caution for members of 

the public and our staff, the EPA Region 

6 office may be closed to the public to 

reduce the risk of transmitting COVID– 

19. Please call or email the contact 

listed above if you need alternative 


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1See https://www.epa.gov/environmentaljustice/ 

learn-about-environmental-justice. 2The EJSCREEN tool is available at https://

www.epa.gov/ejscreen. 

3See https://www.census.gov/programs-surveys/ 

geography/about/glossary.html. 

4 In addition, EJSCREEN relies on the five-year 

block group estimates from the U.S. Census 

American Community Survey. The advantage of 

using five-year over single-year estimates is 

increased statistical reliability of the data (i.e., 

lower sampling error), particularly for small 

geographic areas and population groups. For more 

information, see https://www.census.gov/content/ 

dam/Census/library/publications/2020/acs/acs_

general_handbook_2020.pdf. 

5For additional information on environmental 

indicators and proximity scores in EJSCREEN, see 

‘‘EJSCREEN Environmental Justice Mapping and 

Screening Tool: EJSCREEN Technical 

Documentation,’’ Chapter 3 and Appendix C 

(September 2019) at https://www.epa.gov/sites/ 

default/files/2021-04/documents/ejscreen_

technical_document.pdf. 

6The existing OSWI are located in Harris, Bowie, 

Dallas, El Paso, Jefferson, and Andrews Counties in 

Texas. 

access to material indexed but not 

provided in the docket. 

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 August 19, 

2021, proposal (86 FR 46639) and 

accompanying Technical Support 

Document (TSD). In that action, we 

proposed to partially approve the Texas 

OSWI plan submitted by the Texas 

Commission on Environmental Quality 

(TCEQ) and amend 40 CFR part 62 in 

accordance with the requirements under 

sections 111(d) and 129 of the CAA. We 

proposed to find that the Texas OSWI 

plan, with the exception of 30 TAC 

section 113.2313(3), is at least as 

protective as the Federal requirements 

provided under the OSWI EG, codified 

at 40 CFR part 60, subpart FFFF. We 

received one comment from the TCEQ 

in support of EPA’s proposed partial 

approval of the Texas CAA section 

111(d) OSWI state plan. No adverse 

comment was received on the August 

19, 2021, proposal. 

II. Final Action 

In this final action, the EPA is 

amending 40 CFR part 62, subpart SS, 

to reflect approval of the Texas OSWI 

Plan from TCEQ, received on May 18, 

2009, with the exception of 30 TAC 

section 113.2313(3), in accordance with 

sections 111(d) and 129 of the CAA. 

III. Environmental Justice 

Considerations 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ The EPA 

further defines the term fair treatment to 

mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 1 EPA is providing additional 

analysis of environmental justice 

associated with this action. We are 

doing so for the purpose of providing 

information to the public, not as a basis 

of our final action. 

EPA conducted screening analyses 

using EJSCREEN, an environmental 

justice mapping and screening tool that 

provides EPA with a nationally 

consistent dataset and approach for 

combining various environmental and 

demographic indicators.2 The 

EJSCREEN tool presents these indicators 

at a Census block group (CBG) level or 

a larger user-specified ‘‘buffer’’ area that 

covers multiple CBGs.3 An individual 

CBG is a cluster of contiguous blocks 

within the same census tract and 

generally contains between 600 and 

3,000 people. EJSCREEN is not a tool for 

performing in-depth risk analysis, but is 

instead a screening tool that provides an 

initial representation of indicators 

related to environmental justice and is 

subject to uncertainty in some 

underlying data (e.g., some 

environmental indicators are based on 

monitoring data which are not 

uniformly available; others are based on 

self-reported data).4 To help mitigate 

this uncertainty, we have summarized 

EJSCREEN data within larger ‘‘buffer’’ 

areas covering multiple block groups 

and representing the average resident 

within the buffer areas surrounding the 

incinerators. We present EJSCREEN 

environmental indicators to help screen 

for locations where residents may 

experience a higher overall pollution 

burden than would be expected for a 

block group with the same total 

population. These indicators of overall 

pollution burden include estimates of 

ambient particulate matter (PM2.5) and 

ozone concentration, a score for traffic 

proximity and volume, percentage of 

pre-1960 housing units (lead paint 

indicator), and scores for proximity to 

Superfund sites, risk management plan 

(RMP) sites, and hazardous waste 

facilities.5 EJSCREEN also provides 

information on demographic indicators, 

including percent low-income, 

communities of color, linguistic 

isolation, and less than high school 

education. The EPA prepared 

EJSCREEN reports covering buffer areas 

of approximately 3-mile radii (or 6-mile 

radii for low-density populations/ 

heavily industrialized areas) around the 

existing OSWI in Texas.6 Table 1 

presents a summary of results from the 

EPA’s screening-level analysis for the 

areas surrounding each OSWI compared 

to the U.S. as a whole (the detailed 

EJSCREEN reports are provided in the 

docket for this rulemaking). 

TABLE 1—EXISTING TEXAS OSWI EJSCREEN ANALYSIS SUMMARY

Variables 

Values for Buffer Areas (radius) for each OSWI and the U.S. 

(percentile within U.S. where indicated) 

Baylor College of Medicine 

(Harris, 3 

miles) 

Clean Harbors Deer 

Park LP 

(Harris, 6 

miles) 

Red River 

Army Depot 

(Bowie, 3 

miles) 

University of 

Texas Southwestern 

(Dallas, 3 

miles) 

U.S. Army 

Air Defense 

Artillery 

(El Paso, 3 

miles) 

Veolia ES 

Technical 

Solutions 

LLC 

Jefferson, 6 

miles) 

Waste Control Specialists Inc. 

(Andrews, 6 

miles) 

U.S. 

Pollution Burden Indicators: 

Particulate matter (PM2.5), annual 

average.

10.5 μg/m3

(89th %ile).

9.99 μg/m3

(83rd %ile).

9.56 μg/m3

(76th %ile).

9.85 μg/m3

(81st %ile).

7.7 μg/m3

(25th %ile).

9.95 μg/m3

(83rd %ile).

7.4 μg/m3

(19th %ile).

8.74 μg/m3

(—). 

Ozone, summer seasonal average 

of daily 8-hour max.

34.6 ppb 

(10th %ile).

35.2 ppb 

(12th %ile).

41 ppb (38th 

%ile).

44.6 ppb 

(71st %ile).

54.1 ppb 

(90th %ile).

34.3 ppb (9th 

%ile).

54.8 ppb 

(91st %ile).

42.6 ppb (— 

). 


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7See https://www.epa.gov/air-qualitymanagement-process/managing-air-quality-humanhealth-environmental-and-economic#what. 

8See https://www.epa.gov/sites/default/files/ 

2016-01/documents/oswi_factsheet11_30_05.pdf. 

TABLE 1—EXISTING TEXAS OSWI EJSCREEN ANALYSIS SUMMARY—Continued 

Variables 

Values for Buffer Areas (radius) for each OSWI and the U.S. 

(percentile within U.S. where indicated) 

Baylor College of Medicine 

(Harris, 3 

miles) 

Clean Harbors Deer 

Park LP 

(Harris, 6 

miles) 

Red River 

Army Depot 

(Bowie, 3 

miles) 

University of 

Texas Southwestern 

(Dallas, 3 

miles) 

U.S. Army 

Air Defense 

Artillery 

(El Paso, 3 

miles) 

Veolia ES 

Technical 

Solutions 

LLC 

Jefferson, 6 

miles) 

Waste Control Specialists Inc. 

(Andrews, 6 

miles) 

U.S. 

Traffic proximity and volume score * 2,200 (92nd 

%ile).

480 (67th 

%ile).

210 (49th 

%ile).

1,800 (90th 

%ile).

1,500 (88th 

%ile).

77 (29th 

%ile).

0.079 (0th 

%ile).

710 (—). 

Lead paint (percentage pre-1960 

housing).

0.25% (59th 

%ile).

0.19% (52nd 

%ile).

0.16% (48th 

%ile).

0.21% (54th 

%ile).

0.57% (81st 

%ile).

0.28% (61st 

%ile).

0.41% (72nd 

%ile).

0.28% (—). 

Superfund proximity score * ............ 0.27 (90th 

%ile).

0.19 (85th 

%ile).

0.18 (83rd 

%ile).

0.21 (86th 

%ile).

0.015 (12th 

%ile).

0.065 (51st 

%ile).

0.015 (11th 

%ile).

0.13 (—). 

RMP proximity score * ..................... 1.2 (81st 

%ile).

6.7 (99th 

%ile).

0.5 (59th 

%ile).

1.7 (87th 

%ile).

1.4 (83rd 

%ile).

1.1 (77th 

%ile).

0.56 (62nd 

%ile).

0.75 (—). 

Hazardous waste proximity score * 5 (88th %ile) 5.4 (89th 

%ile).

1.1 (58th 

%ile).

2.6 (76th 

%ile).

0.49 (43rd 

%ile).

0.31 (37th 

%ile).

0.1 (17th 

%ile).

2.2 (—). 

Demographic Indicators: 

People of color population .............. 52% (67th 

%ile).

65% (75th 

%ile).

20% (36th 

%ile).

47% (63rd 

%ile).

85% (86th 

%ile).

39% (57th 

%ile).

53% (67th 

%ile).

40% (—). 

Low-income population ................... 26% (46th 

%ile).

36% (63rd 

%ile).

40% (68th 

%ile).

29% (51st 

%ile).

57% (87th 

%ile).

33% (59th 

%ile).

30% (53rd 

%ile).

31% (—). 

Linguistically isolated population ..... 4% (67th 

%ile).

9% (82nd 

%ile).

1% (50th 

%ile).

5% (70th 

%ile).

25% (95th 

%ile).

1% (52nd 

%ile).

4% (68th 

%ile).

5% (—). 

Population with less than high 

school education.

5% (29th 

%ile).

23% (84th 

%ile).

13% (64th 

%ile).

13% (65th 

%ile).

29% (90th 

%ile).

14% (68th 

%ile).

25% (86th 

%ile).

12% (—). 

Population under 5 years of age ..... 5% (46th 

%ile).

8% (70th 

%ile).

5% (43rd 

%ile).

4% (35th 

%ile).

7% (67th 

%ile).

9% (78th 

%ile).

5% (43rd 

%ile).

6%. 

Population over 64 years of age ..... 11% (35th 

%ile).

11% (31st 

%ile).

19% (70th 

%ile).

11% (31st 

%ile).

15% (53rd 

%ile).

17% (63rd 

%ile).

13% (45th 

%ile).

16% (—). 

* The traffic proximity and volume indicator is a score calculated by daily traffic count divided by distance in meters to the road. The Superfund proximity, RMP 

proximity, and hazardous waste proximity indicators are all scores calculated by site or facility counts divided by distance in kilometers. 

This final rule approves Texas’s OSWI 

Plan, received on May 18, 2009, with 

the exception of 30 TAC section 

113.2313(3), in accordance with 

sections 111(d) and 129 of the CAA. The 

Texas OSWI Plan incorporates Federal 

requirements for OSWI, as specified in 

the OSWI EG at 40 CFR part 60, subpart 

FFFF. These requirements incorporated 

by Texas resulted in significant 

emissions reductions for OSWI, as 

described in the Federal Registers for 

the OSWI rules (69 FR 71472; 70 FR 

74870). These requirements result in 

emission reductions for nine specified 

pollutants: particulate matter (PM), 

sulfur dioxide (SO2), hydrogen chloride 

(HCl), nitrogen oxides (NOX), carbon 

monoxide (CO), lead (Pb), cadmium 

(Cd), mercury (Hg), and dioxins/furans, 

and they additionally provide for 

opacity limits. Some of these pollutants 

have also been linked to serious health 

problems. Short- and/or long-term 

exposure to air pollution has been 

associated with a wide range of human 

health effects including increased 

respiratory symptoms, hospitalization 

for heart or lung diseases, and even 

premature death. Hazardous (or toxic) 

air pollutants may cause cancer or other 

serious health effects, such as 

reproductive effects or birth defects.7 8

Therefore, we believe that these 

requirements for existing OSWI and 

resulting emissions reductions have 

contributed to reduced environmental 

and health impacts on all populations 

impacted by emissions from these 

sources in Texas, including people of 

color and low-income populations. This 

final rule is not anticipated to have 

disproportionately high or adverse 

human health or environmental effects 

on communities with environmental 

justice concerns because it is not 

anticipated to result in or contribute to 

emissions increases in Texas. EPA 

approval of the Texas OSWI Plan makes 

the Plan and the corresponding OSWI 

EG requirements incorporated into the 

Plan federally enforceable by EPA as of 

the effective date of this final 

rulemaking. 

IV. Incorporation by Reference 

In accordance with the requirements 

of 1 CFR 51.5, we are finalizing 

regulatory text that includes the 

incorporation by reference of 30 TAC 

sections 113.2300 through 113.2357, 

excluding section 113.2313(3), adopted 

April 28, 2009, which is part of the CAA 

section 111(d)/129 Plan applicable to 

existing incinerators subject to the 

OSWI Emission Guidelines, at 40 CFR 

part 60, subpart FFFF, within TCEQ’s 

jurisdiction in the State of Texas. The 

regulatory provisions of 30 TAC 

sections 113.2300–113.2313(2) and 

sections 113.2314–113.2357 incorporate 

the OSWI Emissions Guidelines 

promulgated by the EPA at 40 CFR part 

60, subpart FFFF, and establish 

emission standards and compliance 

times for the control of other solid waste 

incinerators certain air curtain 

incinerators, as defined in subpart FFFF 

that commenced construction, 

modification, or reconstruction on or 

before December 9, 2004. The EPA has 

made and will continue to make 30 TAC 

sections 113.2300–113.2313(2) and 

sections 113.2314–113.2357 generally 

available electronically through 

www.regulations.gov, Docket No. EPA– 

R06–OAR–2021–0517 and in hard copy 

at the EPA Region 6 office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

This incorporation by reference has 

been approved by the Office of thE 

Federal Register and the Plan is 

federally enforceable under the CAA as 

of the effective date of this final 

rulemaking. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a CAA section 

111(d)/129 submission that complies 

with the provisions of the Act and 


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applicable Federal regulations. 42 

U.S.C. 7411(d); 42 U.S.C. 7429; 40 CFR 

part 60, subparts B and FFFF; and 40 

CFR part 62, subpart A. Thus, in 

reviewing CAA section 111(d)/129 state 

plan submissions, EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Act and 

implementing regulations. 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 the 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 CAA section 111(d) 

Plans are not approved to apply in 

Indian country, as defined at 18 U.S.C. 

1151, located in the state. As such, this 

rule does not have tribal implications, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000), and 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 July 5, 2022. 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 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Waste treatment and 

disposal. 

Dated: April 25, 2022. 

Earthea Nance, 

Regional Administrator, Region 6. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 62 as 

follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart SS—Texas 

■ 2. Amend § 62.10850 by adding 

paragraphs (b)(5) and (c)(5) to read as 

follows: 

§ 62.10850 Identification of Plan. 

* * * * * 

(b) * * * 

(5) Control of air emissions from 

incinerators subject to the Other Solid 

Waste Incineration units Emission 

Guidelines, as adopted by the Texas 

Commission on Environmental Quality 

(TCEQ) and submitted by the Governor 

in a letter dated May 18, 2009. 

(c) * * * 

(5) Other solid waste incinerators and 

certain air curtain incinerators as 

defined in the Other Solid Waste 

Incineration units Emission Guidelines 

at 40 CFR part 60, subpart FFFF. 

■ 3. Add an undesignated center 

heading and § 62.10900 to read as 

follows: 

Emissions From Existing Other Solid 

Waste Incineration Units 

§ 62.10900 Identification of plan. 

(a) Identification of sources. The plan 

submitted by the Texas Commission on 

Environmental Quality (TCEQ) on May 

18, 2009, applies to existing incinerators 

subject to the Other Solid Waste 

Incineration units (OSWI) Emission 

Guidelines, at 40 CFR part 60, subpart 

FFFF, within TCEQ’s jurisdiction in the 

State of Texas. 

(b) Effective date. The effective date of 

the plan is June 6, 2022. 

(c) Incorporation by reference. (1) The 

material incorporated by reference in 

this section was approved by the 

Director of the Federal Register Office in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. Copies of the material may 

be inspected or obtained from the EPA 

Region 6 office, 1201 Elm Street, Suite 

500, Dallas, Texas 75270, 214–665– 

2200. Copies may be inspected at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, email fr.inspection@

nara.gov or go to: www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

(2) State of Texas, Office of the 

Secretary of State, Texas Register, P.O. 

Box 12887, Austin, Texas 78711, (512) 

463–5561, register@sos.texas.gov, 

https://www.sos.texas.gov/tac/ 

index.shtml. 

(i) 30 TAC sections 113.2300– 

113.2313(2) and sections 113.2314 

through 113.2357, excluding section 

113.2313(3). Texas Administrative Code 

Title 30, Chapter 113: Standards of 

Performance for Hazardous Air 

Pollutants and for Designated Facilities 

and Pollutants, Subchapter D: 

Designated Facilities and Pollutants, 

Divison 5: Emission Guidelines and 

Compliance Times for Other Solid 

Waste Incineration Units That 


lotter on DSK11XQN23PROD with RULES1
26684 Federal Register / Vol. 87, No. 87 / Thursday, May 5, 2022 / Rules and Regulations 

Commenced Construction On or Before 

December 9, 2004, adopted April 28, 

2009. 

(ii) [Reserved] 

[FR Doc. 2022–09195 Filed 5–4–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2018–0090; FRL–9763–01– 

OCSPP] 

Trans-Anethole; Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of trans-anethole 

(CAS No. 4180–23–8) when used as a 

fragrance inert ingredient in pesticide 

formulations at a concentration of 3% of 

the formulation in pre-harvest 

applications to crops. Landis 

International, Inc., on behalf of Morse 

Enterprises Limited, Inc. d/b/a KeyPlex 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an exemption from 

the requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of trans-anethole (CAS No. 

4180–23–8) on food or feed 

commodities when used in accordance 

with this exemption. 

DATES: This regulation is effective May 

5, 2022. Objections and requests for 

hearings must be received on or before 

July 5, 2022, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2018–0090, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and OPP Docket 

is (202) 566–1744. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Registration 

Division (7505T), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Office of Federal Register’s 

e-CFR site at https://www.ecfr.gov/ 

current/title-40. 

C. Can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2018–0090 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before July 

5, 2022. Addresses for mail and hand 

delivery of objections and hearing 

requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2018–0090, by one of the following 

methods. 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Petition for Exemption 

In the Federal Register of April 11, 

2018 (83 FR 15528) (FRL–9975–57), 

EPA issued a document pursuant to 

FFDCA section 408, 21 U.S.C. 346a, 

announcing the receipt of a pesticide 

petition (PP IN–11093) filed by Landis 

International, Inc., on behalf of Morse 

Enterprises Limited, Inc. d/b/a KeyPlex 

(P.O. Box 2515, Winter Park, FL 32790). 

The petition requested that 40 CFR 

180.920 be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of trans-anethole 

(CAS No. 4180–23–8) when used as a 

fragrance inert ingredient in pesticide 

formulations at a concentration of 3% of 

the formulation when applied preharvest to crops. That document 

included a summary of the petition 

prepared by the petitioner and solicited 

comments on the petitioner’s request. 

The Agency did not receive any public 

comments. 

III. Inert Ingredient Definition 

Inert ingredients are all ingredients 

that are not active ingredients as defined 

in 40 CFR 153.125 and include, but are 

not limited to, the following types of 

ingredients (except when they have a 

pesticidal efficacy of their own): 

Solvents such as alcohols and 


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