Approval and Promulgation of Implementation Plans; Texas; Clean Air Act Requirements for Vehicle Inspection and Maintenance, Nonattainment New Source Review and Emission Statements, 22291-22294 [2017-09474]
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Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Rules and Regulations
Dated: March 24, 2017.
Cecil Rodrigues,
Acting Regional Administrator, EPA Region
III.
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40 CFR part 52 is amended as follows:
‘‘26.11.30 Policies and Procedures
Relating to Maryland’s NOX Reduction
and Trading Program’’ entries
‘‘26.11.31.01 through 26.11.31.12’’ in
numerical order to read as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
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§ 52.1070
Authority: 42 U.S.C. 7401 et seq.
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Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(c) is amended by adding under heading
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Identification of plan.
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EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland
Administrative
Regulations
(COMAR) citation
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26.11.30
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26.11.31.01
26.11.31.02
26.11.31.03
26.11.31.04
26.11.31.05
26.11.31.06
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Scope ..........................................................................
Applicability .................................................................
Incorporation by Reference ........................................
Definitions ...................................................................
Principle ......................................................................
Quality Control Requirements ....................................
Opacity Calibration Drift Assessment .........................
Audit Frequency .........................................................
Performance Audit ......................................................
Calibration Error Methods ..........................................
Zero Alignment Audit ..................................................
Corrective Actions ......................................................
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[FR Doc. 2017–09492 Filed 5–12–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2017–0054; FRL–9960–15–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas; Clean
Air Act Requirements for Vehicle
Inspection and Maintenance,
Nonattainment New Source Review
and Emission Statements
sradovich on DSK3GMQ082PROD with RULES
16:27 May 12, 2017
Jkt 241001
approved describes how CAA
requirements for vehicle inspection and
maintenance (I/M), nonattainment new
source review (NNSR) and emission
statements are met in the HoustonGalveston-Brazoria ozone
nonattainment area (HGB area) for the
2008 ozone NAAQS. EPA is also making
a ministerial correction to the Code of
Federal Regulations (CFR) to accurately
reflect approved SIP revisions that
pertain to Texas I/M provisions.
Submit your comments,
identified by Docket No. EPA–R06–
OAR–2017–0054, at https://
www.regulations.gov or via email to
young.carl@epa.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
ADDRESSES:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving a State Implementation
Plan (SIP) revision submitted by the
State of Texas for the 2008 8-hour ozone
national ambient air quality standards
(NAAQS). The SIP revision being
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This rule is effective on July 14,
2017 without further notice, unless the
EPA receives relevant adverse comment
by June 14, 2017. If the EPA receives
such comment, the EPA will publish a
timely withdrawal in the Federal
Register informing the public that this
rule will not take effect.
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY:
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DATES:
AGENCY:
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CFR 52.1100
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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, please
contact Carl Young, 214–665–6645,
young.carl@epa.gov. For the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www2.epa.gov/dockets/commentingepa-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
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Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Rules and Regulations
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: Carl
Young, 214–665–6645, young.carl@
epa.gov. To inspect the hard copy
materials, please schedule an
appointment with Mr. Young or Mr. Bill
Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
sradovich on DSK3GMQ082PROD with RULES
I. Background
In 2008 we revised the 8-hour ozone
primary and secondary NAAQS to a
level of 0.075 parts per million (ppm) to
provide increased protection of public
health and the environment (73 FR
16436, March 27, 2008). The HGB area
was classified as a ‘‘Marginal’’ ozone
nonattainment area for the 2008 8-hour
ozone NAAQS and initially given an
attainment date of no later than
December 31, 2015 (77 FR 30088 and 77
FR 30160, May 21, 2012). The HGB area
consists of Brazoria, Chambers, Fort
Bend, Galveston, Harris, Liberty,
Montgomery and Waller counties.
On December 23, 2014, the D.C.
Circuit Court issued a decision rejecting,
among other things, our attainment
deadlines for the 2008 ozone
nonattainment areas, finding that we
did not have statutory authority under
the CAA to extend those deadlines to
the end of the calendar year. NRDC v.
EPA, 777 F.3d 456, 464–69 (D.C. Cir.
2014). Consistent with the court’s
decision we modified the attainment
deadlines for all nonattainment areas for
the 2008 ozone NAAQS, and set the
attainment deadline for all 2008 ozone
Marginal nonattainment areas,
including the HGB area as July 20, 2015
(80 FR 12264, March 6, 2015). The HGB
area qualified for a 1-year extension of
the attainment deadline and we revised
the attainment deadline to July 20, 2016
(81 FR 26697, May 4, 2016). As the HGB
area did not meet the revised attainment
deadline of July 20, 2016, we
reclassified the area to ‘‘Moderate’’ and
set a due date for a revised SIP of
January 1, 2017 (81 FR 90207, December
14, 2016).
On December 29, 2016, Texas
submitted a SIP revision for the HGB
area. The SIP revision included a
description of how CAA requirements
for I/M, NNSR, and Emission
Statements from stationary point
sources are met in the HGB area for the
2008 ozone NAAQS, using alreadyexisting measures previously approved
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Jkt 241001
by EPA. A copy of the SIP revision is
available on line at
www.regulations.gov, Docket number
EPA–R06–OAR–2017–0054. In the SIP
revision submittal, Texas noted that: (1)
The I/M program SIP revision approved
by EPA on November 14, 2001 (66 FR
57261) meets the CAA requirements for
ozone nonattainment areas classified as
Serious or above; (2) the NNSR program
SIP revision was initially approved by
EPA in 1995 (60 FR 49781, September
27, 1995) and that emissions thresholds
and pollutant offset requirements are
based on nonattainment classifications;
and (3) the SIP revision pertaining to
emissions inventory requirements
approved by EPA on August 26, 1994
(59 FR 44036) meets the CAA
requirement for emission statements.
The codification of the Texas SIP
approved by EPA can be found at 40
CFR 52.2270(c).
In addition, in a separate (but related)
matter, in reviewing the Texas SIP, we
found that our July 25, 2014, final rule
approved revisions to the Texas I/M
provisions but our amendments to the
CFR failed to include the explanation
that 30 TAC Section 114.50(b)(2) is not
part of the Texas SIP (79 FR 43264). In
a 2001 final rule, we did not approve 30
TAC Section 114.50(b)(2) as part of the
Texas SIP as (1) it placed an additional
reporting burden upon commanders at
Federal facilities regarding affected
Federal vehicles that is not imposed
upon any other affected non-federal
vehicle and (2) additional reporting
requirement is not an essential element
for an approvable I/M program, since
affected Federal vehicles are also subject
to the same reporting requirements as
other affected non-federal vehicles. See
66 FR 57261, 57262 (November 14,
2001).
II. The EPA’s Evaluation
A. CAA Requirements for I/M in the
HGB Area
I/M refers to the inspection and
maintenance programs for in-use
vehicles required under the CAA. The
applicable requirements for ozone
nonattainment areas that are required to
adopt I/M programs are described in
CAA sections 182(a)(2)(B), 182(b)(4),
182(c)(3), and 184(b)(1)(A) and further
defined in 40 CFR 51.350
(‘‘Applicability’’) of the I/M rule (40
CFR part 51, subpart S). Under these
cumulative requirements, Moderate
ozone nonattainment areas in urbanized
areas with 1990 Census populations of
200,000 or more are required to adopt
basic I/M programs, while Serious and
higher classified ozone nonattainment
areas outside of the northeast Ozone
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Transport Region with 1980 Censusdefined urbanized populations of
200,000 or more are required to adopt
enhanced I/M programs (40 CFR
51.350(a)(2) and (4)).
Previously, we revoked (1) the 1979
1-hour ozone NAAQS (69 FR 23951,
April 30, 2004 and 70 FR 44470, August
3, 2005) and (2) the 1997 8-hour ozone
NAAQS (80 FR 12264, March 6, 2015).
Because the HGB area was classified as
Severe nonattainment for these revoked
ozone NAAQS, an enhanced I/M
program is required in the HGB area for
anti-backsliding purposes (40 CFR
51.1100(o)). Ozone classifications can be
found in CAA section 181 and 40 CFR
51.1103. The Severe classification is one
classification higher than the Serious
classification and two classifications
higher than the Moderate classification.
The Texas SIP includes 30 TAC
Section 114.2 (Inspection and
Maintenance Definitions) and 30 TAC
Section 114.50 (Vehicle Emissions
Inspection Requirements) except for 30
TAC Section 114.50(b)(2) as discussed
above. Under these provisions Brazoria,
Fort Bend, Galveston, Harris and
Montgomery Counties in the HGB area
are included in the I/M program.
Chambers, Liberty and Waller Counties
are not included in the I/M program for
the HGB area. The program requires that
gasoline powered light-duty vehicles,
and light and heavy-duty trucks
between two and twenty-four years old,
that are registered or required to be
registered in the I/M program area,
including fleets, are subject to annual
inspection and testing. Chambers,
Liberty and Waller Counties are not
required to be in the I/M program as
they are not included in the urbanized
area. See 70 FR 58119, 58132 (October
5, 2005) and 71 FR 52670 (September 6,
2006). Therefore, since the provisions in
the Texas SIP already include the CAA
I/M requirements for the HGB area, we
are approving this portion of the SIP
revision.
B. CAA Requirements for NNSR in the
HGB Area
The applicable NNSR requirements
for the various ozone nonattainment
classifications are described in CAA
section 182 and further defined in 40
CFR 51, Subpart I (Review of New
Sources and Modifications). Under
these requirements new major sources
or major modifications at existing
sources in an ozone nonattainment area
must comply with the lowest achievable
emission rate and obtain sufficient
emission offsets. The emission offset
ratio required for Moderate ozone
nonattainment areas is 1.15 to 1 (CAA
section 182(b)(5)).
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Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Rules and Regulations
The Texas SIP already includes 30
TAC Section 116.12 (Nonattainment and
Prevention of Significant Deterioration
Review Definitions) and 30 TAC Section
116.150 (New Major Source or Major
Modification in Ozone Nonattainment
Area). These provisions require new
major sources or major modifications at
existing sources in the HGB area comply
with the lowest achievable emission rate
and obtain emission offsets at the
Moderate classification ratio of 1.15 to
1. Therefore, since the provisions in the
Texas SIP already include the CAA
NNSR requirements for ozone
nonattainment areas classified as
Moderate, we are approving this portion
of the SIP revision.
sradovich on DSK3GMQ082PROD with RULES
C. CAA Requirements for Emission
Statements
CAA section 182(a)(3)(B) calls for the
SIP for all ozone nonattainment areas to
require that the owner or operator of
each stationary source of nitrogen
oxides or volatile organic compounds
(ozone precursors) provide the State
with an annual statement of emissions
along with a certification that this
information is accurate to the best
knowledge of the individual certifying
the statement.
The Texas SIP includes 30 TAC
Section 101.10 (Emissions Inventory
Requirements). The certification for
emission statements is found at 30 TAC
Section 101.10(d) (Certifying statement).
Therefore, since the Texas SIP already
includes the CAA emission statement
requirement, we are approving this
portion of the SIP revision.
III. Final Action
We are approving a revision to the
Texas SIP submitted on December 29,
2016, that describes how CAA
requirements for vehicle I/M, NNSR and
emission statements for large stationary
point sources are met in the HGB area
for the 2008 ozone NAAQS. We are also
making a ministerial correction to the
Code of Federal Regulations (CFR) to
accurately reflect that 30 TAC Section
114.50(b)(2) is not part of the Texas SIP.
The 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 July 14, 2017 without
further notice unless we receive relevant
adverse comment by June 14, 2017. If
we receive relevant adverse comments,
we will publish a timely withdrawal in
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12:42 May 12, 2017
Jkt 241001
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, 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);
• 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
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• 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. 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 14, 2017. 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 April
14, 2017 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,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
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Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Rules and Regulations
Dated: April 14, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
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:
■
2. In § 52.2270:
a. In paragraph (c) the table titled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended by revising the
entry for Section 114.50.
■ b. In paragraph (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
‘‘Vehicle Inspection and Maintenance,
Nonattainment New Source Review and
Emission Statement Requirements for
the 2008 Ozone NAAQS’’.
The amendments reads as follows:
§ 52.2270
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Identification of plan.
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(c) * * *
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EPA APPROVED REGULATIONS IN THE TEXAS SIP
State
approval/
submittal date
State citation
Title/subject
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Section 114.50 .............................
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Vehicle Emission Inspection Requirements.
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2/12/2014
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EPA approval date
Explanation
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10/7/2016, 81 FR 69679 ..
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Subsection 114.50(b)(2) is
NOT part of the approved SIP.
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(e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
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Vehicle Inspection and Maintenance, Nonattainment New
Source Review and Emission
Statement Requirements for
the 2008 Ozone NAAQS.
*
Houston-Galveston-Brazoria, TX
[FR Doc. 2017–09474 Filed 5–12–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 171
[EPA–HQ–OPP–2011–0183; FRL–9962–31]
RIN 2070–AK38
Pesticides; Certification of Pesticide
Applicators Rule; Extension of
Effective Date
Environmental Protection
Agency (EPA).
ACTION: Final rule; request for
comments.
AGENCY:
sradovich on DSK3GMQ082PROD with RULES
State
submittal/
effective date
Applicable geographic or
nonattainment area
On January 4, 2017, EPA
published a final rule revising the
regulation concerning the certification
of applicators of restricted use
pesticides (RUPs). The original effective
date of March 6, 2017 was extended to
March 21, 2017 by rule issued January
SUMMARY:
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12/29/2016
EPA approval date
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5/15/2017, [Insert Federal
Register citation].
26, 2017, and subsequently extended to
May 22, 2017 by rule issued March 20,
2017. In accordance with the
Presidential directives as expressed in
the memorandum of January 20, 2017,
from the Assistant to the President and
Chief of Staff, entitled ‘‘Regulatory
Freeze Pending Review,’’ and the
principles identified in the April 25,
2017 Executive Order ‘‘Promoting
Agriculture and Rural Prosperity in
America,’’ EPA is proposing to further
delay the effective date of the January 4,
2017 revisions to the Certification of
Pesticide Applicators rule until May 22,
2018.
DATES: Comments must be received on
or before May 19, 2017.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2011–0183, 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
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Comments
*
information you consider to be
Confidential Business Information (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. In
addition, please mail a copy of your
comments on the information collection
provisions to the Office of Information
and Regulatory Affairs, Office of
Management and Budget, ATTN: Desk
Officer for EPA, 725 17th St. NW.,
Washington, DC 20503.
• 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, are available at https://
www.epa.gov/dockets.
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Agencies
[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Rules and Regulations]
[Pages 22291-22294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09474]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2017-0054; FRL-9960-15-Region 6]
Approval and Promulgation of Implementation Plans; Texas; Clean
Air Act Requirements for Vehicle Inspection and Maintenance,
Nonattainment New Source Review and Emission Statements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Texas for
the 2008 8-hour ozone national ambient air quality standards (NAAQS).
The SIP revision being approved describes how CAA requirements for
vehicle inspection and maintenance (I/M), nonattainment new source
review (NNSR) and emission statements are met in the Houston-Galveston-
Brazoria ozone nonattainment area (HGB area) for the 2008 ozone NAAQS.
EPA is also making a ministerial correction to the Code of Federal
Regulations (CFR) to accurately reflect approved SIP revisions that
pertain to Texas I/M provisions.
DATES: This rule is effective on July 14, 2017 without further notice,
unless the EPA receives relevant adverse comment by June 14, 2017. If
the EPA receives such comment, the 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-
2017-0054, at https://www.regulations.gov or via email to
young.carl@epa.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, please contact Carl Young, 214-665-6645,
young.carl@epa.gov. For the full EPA public comment policy, information
about CBI or multimedia submissions, and general guidance on making
effective comments, please visit https://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
[[Page 22292]]
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: Carl Young, 214-665-6645,
young.carl@epa.gov. To inspect the hard copy materials, please schedule
an appointment with Mr. Young or Mr. Bill Deese at 214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
In 2008 we revised the 8-hour ozone primary and secondary NAAQS to
a level of 0.075 parts per million (ppm) to provide increased
protection of public health and the environment (73 FR 16436, March 27,
2008). The HGB area was classified as a ``Marginal'' ozone
nonattainment area for the 2008 8-hour ozone NAAQS and initially given
an attainment date of no later than December 31, 2015 (77 FR 30088 and
77 FR 30160, May 21, 2012). The HGB area consists of Brazoria,
Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller
counties.
On December 23, 2014, the D.C. Circuit Court issued a decision
rejecting, among other things, our attainment deadlines for the 2008
ozone nonattainment areas, finding that we did not have statutory
authority under the CAA to extend those deadlines to the end of the
calendar year. NRDC v. EPA, 777 F.3d 456, 464-69 (D.C. Cir. 2014).
Consistent with the court's decision we modified the attainment
deadlines for all nonattainment areas for the 2008 ozone NAAQS, and set
the attainment deadline for all 2008 ozone Marginal nonattainment
areas, including the HGB area as July 20, 2015 (80 FR 12264, March 6,
2015). The HGB area qualified for a 1-year extension of the attainment
deadline and we revised the attainment deadline to July 20, 2016 (81 FR
26697, May 4, 2016). As the HGB area did not meet the revised
attainment deadline of July 20, 2016, we reclassified the area to
``Moderate'' and set a due date for a revised SIP of January 1, 2017
(81 FR 90207, December 14, 2016).
On December 29, 2016, Texas submitted a SIP revision for the HGB
area. The SIP revision included a description of how CAA requirements
for I/M, NNSR, and Emission Statements from stationary point sources
are met in the HGB area for the 2008 ozone NAAQS, using already-
existing measures previously approved by EPA. A copy of the SIP
revision is available on line at www.regulations.gov, Docket number
EPA-R06-OAR-2017-0054. In the SIP revision submittal, Texas noted that:
(1) The I/M program SIP revision approved by EPA on November 14, 2001
(66 FR 57261) meets the CAA requirements for ozone nonattainment areas
classified as Serious or above; (2) the NNSR program SIP revision was
initially approved by EPA in 1995 (60 FR 49781, September 27, 1995) and
that emissions thresholds and pollutant offset requirements are based
on nonattainment classifications; and (3) the SIP revision pertaining
to emissions inventory requirements approved by EPA on August 26, 1994
(59 FR 44036) meets the CAA requirement for emission statements. The
codification of the Texas SIP approved by EPA can be found at 40 CFR
52.2270(c).
In addition, in a separate (but related) matter, in reviewing the
Texas SIP, we found that our July 25, 2014, final rule approved
revisions to the Texas I/M provisions but our amendments to the CFR
failed to include the explanation that 30 TAC Section 114.50(b)(2) is
not part of the Texas SIP (79 FR 43264). In a 2001 final rule, we did
not approve 30 TAC Section 114.50(b)(2) as part of the Texas SIP as (1)
it placed an additional reporting burden upon commanders at Federal
facilities regarding affected Federal vehicles that is not imposed upon
any other affected non-federal vehicle and (2) additional reporting
requirement is not an essential element for an approvable I/M program,
since affected Federal vehicles are also subject to the same reporting
requirements as other affected non-federal vehicles. See 66 FR 57261,
57262 (November 14, 2001).
II. The EPA's Evaluation
A. CAA Requirements for I/M in the HGB Area
I/M refers to the inspection and maintenance programs for in-use
vehicles required under the CAA. The applicable requirements for ozone
nonattainment areas that are required to adopt I/M programs are
described in CAA sections 182(a)(2)(B), 182(b)(4), 182(c)(3), and
184(b)(1)(A) and further defined in 40 CFR 51.350 (``Applicability'')
of the I/M rule (40 CFR part 51, subpart S). Under these cumulative
requirements, Moderate ozone nonattainment areas in urbanized areas
with 1990 Census populations of 200,000 or more are required to adopt
basic I/M programs, while Serious and higher classified ozone
nonattainment areas outside of the northeast Ozone Transport Region
with 1980 Census-defined urbanized populations of 200,000 or more are
required to adopt enhanced I/M programs (40 CFR 51.350(a)(2) and (4)).
Previously, we revoked (1) the 1979 1-hour ozone NAAQS (69 FR
23951, April 30, 2004 and 70 FR 44470, August 3, 2005) and (2) the 1997
8-hour ozone NAAQS (80 FR 12264, March 6, 2015). Because the HGB area
was classified as Severe nonattainment for these revoked ozone NAAQS,
an enhanced I/M program is required in the HGB area for anti-
backsliding purposes (40 CFR 51.1100(o)). Ozone classifications can be
found in CAA section 181 and 40 CFR 51.1103. The Severe classification
is one classification higher than the Serious classification and two
classifications higher than the Moderate classification.
The Texas SIP includes 30 TAC Section 114.2 (Inspection and
Maintenance Definitions) and 30 TAC Section 114.50 (Vehicle Emissions
Inspection Requirements) except for 30 TAC Section 114.50(b)(2) as
discussed above. Under these provisions Brazoria, Fort Bend, Galveston,
Harris and Montgomery Counties in the HGB area are included in the I/M
program. Chambers, Liberty and Waller Counties are not included in the
I/M program for the HGB area. The program requires that gasoline
powered light-duty vehicles, and light and heavy-duty trucks between
two and twenty-four years old, that are registered or required to be
registered in the I/M program area, including fleets, are subject to
annual inspection and testing. Chambers, Liberty and Waller Counties
are not required to be in the I/M program as they are not included in
the urbanized area. See 70 FR 58119, 58132 (October 5, 2005) and 71 FR
52670 (September 6, 2006). Therefore, since the provisions in the Texas
SIP already include the CAA I/M requirements for the HGB area, we are
approving this portion of the SIP revision.
B. CAA Requirements for NNSR in the HGB Area
The applicable NNSR requirements for the various ozone
nonattainment classifications are described in CAA section 182 and
further defined in 40 CFR 51, Subpart I (Review of New Sources and
Modifications). Under these requirements new major sources or major
modifications at existing sources in an ozone nonattainment area must
comply with the lowest achievable emission rate and obtain sufficient
emission offsets. The emission offset ratio required for Moderate ozone
nonattainment areas is 1.15 to 1 (CAA section 182(b)(5)).
[[Page 22293]]
The Texas SIP already includes 30 TAC Section 116.12 (Nonattainment
and Prevention of Significant Deterioration Review Definitions) and 30
TAC Section 116.150 (New Major Source or Major Modification in Ozone
Nonattainment Area). These provisions require new major sources or
major modifications at existing sources in the HGB area comply with the
lowest achievable emission rate and obtain emission offsets at the
Moderate classification ratio of 1.15 to 1. Therefore, since the
provisions in the Texas SIP already include the CAA NNSR requirements
for ozone nonattainment areas classified as Moderate, we are approving
this portion of the SIP revision.
C. CAA Requirements for Emission Statements
CAA section 182(a)(3)(B) calls for the SIP for all ozone
nonattainment areas to require that the owner or operator of each
stationary source of nitrogen oxides or volatile organic compounds
(ozone precursors) provide the State with an annual statement of
emissions along with a certification that this information is accurate
to the best knowledge of the individual certifying the statement.
The Texas SIP includes 30 TAC Section 101.10 (Emissions Inventory
Requirements). The certification for emission statements is found at 30
TAC Section 101.10(d) (Certifying statement). Therefore, since the
Texas SIP already includes the CAA emission statement requirement, we
are approving this portion of the SIP revision.
III. Final Action
We are approving a revision to the Texas SIP submitted on December
29, 2016, that describes how CAA requirements for vehicle I/M, NNSR and
emission statements for large stationary point sources are met in the
HGB area for the 2008 ozone NAAQS. We are also making a ministerial
correction to the Code of Federal Regulations (CFR) to accurately
reflect that 30 TAC Section 114.50(b)(2) is not part of the Texas SIP.
The 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 July 14, 2017
without further notice unless we receive relevant adverse comment by
June 14, 2017. 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, 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);
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. 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 14, 2017. 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
April 14, 2017 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, Reporting and recordkeeping
requirements, Volatile organic compounds.
[[Page 22294]]
Dated: April 14, 2017.
Samuel Coleman,
Acting 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:
0
a. In paragraph (c) the table titled ``EPA Approved Regulations in the
Texas SIP'' is amended by revising the entry for Section 114.50.
0
b. In paragraph (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 ``Vehicle Inspection
and Maintenance, Nonattainment New Source Review and Emission Statement
Requirements for the 2008 Ozone NAAQS''.
The amendments reads as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject submittal EPA approval date Explanation
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 114.50................... Vehicle Emission 2/12/2014 10/7/2016, 81 FR 69679.............. Subsection 114.50(b)(2) is NOT part
Inspection Requirements. of the approved SIP.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Name of SIP provision Applicable geographic or submittal/ EPA approval date Comments
nonattainment area effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Vehicle Inspection and Houston-Galveston- 12/29/2016 5/15/2017, [Insert Federal Register ....................................
Maintenance, Nonattainment New Brazoria, TX. citation].
Source Review and Emission
Statement Requirements for the
2008 Ozone NAAQS.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-09474 Filed 5-12-17; 8:45 am]
BILLING CODE 6560-50-P