Approval and Promulgation of Air Quality Implementation Plans; Texas; Dallas/Fort Worth 1-Hour Ozone Nonattainment Area; Determination of Attainment of the 1-Hour Ozone Standard, 61357-61358 [E8-24592]
Download as PDF
Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations
between the hours of 8:30 a.m. and 4:30
p.m. weekdays except for legal holidays.
Contact the person listed in the FOR
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
FURTHER INFORMATION CONTACT
[EPA–R06–OAR–2008–0420; FRL–8730–3]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Dallas/Fort Worth 1-Hour Ozone
Nonattainment Area; Determination of
Attainment of the 1-Hour Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
rwilkins on PROD1PC63 with NOTICES
AGENCY:
SUMMARY: The EPA has determined that
the Dallas/Fort Worth (DFW) 1-hour
ozone nonattainment area is currently
attaining the 1-hour ozone National
Ambient Air Quality Standard
(NAAQS). This determination is based
upon certified ambient air monitoring
data that show the area has monitored
attainment of the 1-hour ozone NAAQS
for the 2004–2006 monitoring period. In
addition, quality controlled and quality
assured ozone data for 2007 and 2008
that are available in the EPA Air Quality
System database show this area
continues to attain the 1-hour ozone
NAAQS. The requirements for this area
to submit an attainment demonstration
or 5% Increment of Progress (IOP) plan,
a reasonable further progress (RFP) plan,
contingency measures, and other
planning State Implementation Plans
(SIPs) related to attainment of the 1hour ozone NAAQS are suspended for
so long as the area continues to attain
the 1-hour ozone NAAQS.
DATES: This final rule is effective on
November 17, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R06–OAR–
2008–0420. All documents in the docket
are listed at www.regulations.gov.
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
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 Freedom of
Information Act (FOIA) Review Room
VerDate Aug<31>2005
16:18 Oct 15, 2008
Jkt 217001
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a fee of 15 cents per page for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Paige, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone (214) 665–6521, fax (214)
665–7263, e-mail address
paige.carrie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA. This
SUPPLEMENTARY INFORMATION section is
arranged as follows:
I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
We are determining that the Dallas/
Fort Worth (DFW) 1-hour ozone
nonattainment area is currently
attaining the 1-hour ozone National
Ambient Air Quality Standard
(NAAQS). This determination is based
upon certified ambient air monitoring
data that show the area has monitored
attainment of the 1-hour ozone NAAQS
for the 2004–2006 monitoring period. In
addition, quality controlled and quality
assured ozone data for 2007 and 2008
that are available in the EPA Air Quality
System databases show this area
continues to attain the 1-hour ozone
NAAQS.
The rationale for our action is
explained in the Notice of Proposed
Rulemaking (NPR) published on July 11,
2008 (73 FR 39897) and will not be
restated here. No public comments were
received on the NPR.
II. What Is the Effect of This Action?
Pursuant to our determination of
attainment and in accordance with our
Clean Data Policy 1, this determination
suspends the requirements for the DFW
area to submit an attainment
1 Our Clean Data Policy is set forth in a May 10,
1995 EPA memorandum from John S. Seitz,
Director, Office of Air Quality Planning and
Standards, entitled ‘‘Reasonable Further Progress,
Attainment Demonstration, and Related
Requirements for Ozone Nonattainment Areas
Meeting the Ozone Ambient Air Quality Standard’’.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
61357
demonstration, a RFP plan, or in this
case a 5% IOP plan, (40 CFR 51.905(a)),
section 172(c)(9) and section 182(c)(9)
contingency measures, and other SIPs
related to attainment of the 1-hour
ozone NAAQS for so long as the area is
attaining the standard.
III. Final Action
We find that the DFW 1-hour ozone
nonattainment area has attained the
1-hour ozone standard. Thus the
requirements for submitting the
attainment demonstration or 5% IOP
plan, RFP plan, section 172(c)(9) and
section 182(c)(9) contingency measures,
and other SIPs related to attainment of
the 1-hour ozone NAAQS are suspended
for so long as the area is attaining the
standard.
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action makes a
determination based on air quality data,
and results in the suspension of certain
Federal requirements. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601, et seq.).
Because this rule makes a
determination based on air quality data,
and results in the suspension of certain
Federal requirements, it 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). This rule also does not
have tribal implications because it will
not have a substantial direct effect on
one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
E:\FR\FM\16OCR1.SGM
16OCR1
rwilkins on PROD1PC63 with NOTICES
61358
Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
makes a determination based on air
quality data and results in the
suspension of certain Federal
requirements, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This rule also is not
subject to Executive Order 13045,
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it determines that air quality in
the affected area is meeting Federal
standards.
The requirements of section 12(d) of
the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply because it would
be inconsistent with applicable law for
EPA, when determining the attainment
status of an area, to use voluntary
consensus standards in place of
promulgated air quality standards and
monitoring procedures that otherwise
satisfy the provisions of the Clean Air
Act. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501, et seq.).
Under Executive Order 12898, EPA
finds that this rule involves a
determination of attainment based on
air quality data and will not have
disproportionately high and adverse
human health or environmental effects
on any communities in the area,
including minority and low-income
communities.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This rule 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 December 15,
2008. 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
VerDate Aug<31>2005
16:18 Oct 15, 2008
Jkt 217001
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action to reclassify the
HGB area as a severe ozone
nonattainment area and to adjust
applicable deadlines 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 dioxides, Ozone, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: October 8, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. Section 52.2275 is amended by
adding paragraph (f) to read as follows:
■
§ 52.2275 Control strategy and
regulations: Ozone.
*
*
*
*
*
(f) Determination of Attainment.
Effective November 17, 2008 EPA has
determined that the Dallas/Fort Worth
(DFW) 1-hour ozone nonattainment area
has attained the 1-hour ozone standard.
Under the provisions of EPA’s Clean
Data Policy, this determination
suspends the requirements for this area
to submit an attainment demonstration
or 5% increment of progress plan, a
reasonable further progress plan,
contingency measures, and other State
Implementation Plans related to
attainment of the 1-hour ozone NAAQS
for so long as the area continues to
attain the 1-hour ozone NAAQS.
[FR Doc. E8–24592 Filed 10–15–08; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–2005–0036; FRL–8729–7]
RIN 2060–A089
Control of Hazardous Air Pollutants
From Mobile Sources:Early Credit
Technology Requirement Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is taking final action to
revise the February 26, 2007 mobile
source air toxics rule’s requirements
that specify which benzene control
technologies a refiner may utilize to
qualify to generate early benzene
credits. This action will allow another
specific benzene control technology,
benzene alkylation, in addition to the
four operational or technological
changes specified in the current rule.
This action also includes a general
provision that allows a refiner to submit
a request to EPA to approve other
benzene-reducing operational changes
or technologies for the purpose of
generating early credits.
DATES: This final rule is effective on
December 15, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–2005–0036. All
documents in the docket are listed in
the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at
the Air Docket, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Eastern Standard
Time, Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT:
Christine Brunner, Office of
Transportation and Air Quality,
Assessment and Standards Division,
Environmental Protection Agency, 2000
Traverwood, Ann Arbor, MI 48105;
telephone number: (734) 214–4287; fax
E:\FR\FM\16OCR1.SGM
16OCR1
Agencies
[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Rules and Regulations]
[Pages 61357-61358]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24592]
[[Page 61357]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2008-0420; FRL-8730-3]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Dallas/Fort Worth 1-Hour Ozone Nonattainment Area; Determination
of Attainment of the 1-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA has determined that the Dallas/Fort Worth (DFW) 1-hour
ozone nonattainment area is currently attaining the 1-hour ozone
National Ambient Air Quality Standard (NAAQS). This determination is
based upon certified ambient air monitoring data that show the area has
monitored attainment of the 1-hour ozone NAAQS for the 2004-2006
monitoring period. In addition, quality controlled and quality assured
ozone data for 2007 and 2008 that are available in the EPA Air Quality
System database show this area continues to attain the 1-hour ozone
NAAQS. The requirements for this area to submit an attainment
demonstration or 5% Increment of Progress (IOP) plan, a reasonable
further progress (RFP) plan, contingency measures, and other planning
State Implementation Plans (SIPs) related to attainment of the 1-hour
ozone NAAQS are suspended for so long as the area continues to attain
the 1-hour ozone NAAQS.
DATES: This final rule is effective on November 17, 2008.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-2008-0420. All documents in the docket
are listed at www.regulations.gov. 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 www.regulations.gov or in hard copy at the Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 Freedom
of Information Act (FOIA) Review Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal holidays. Contact the person
listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr.
Bill Deese at 214-665-7253 to make an appointment. If possible, please
make the appointment at least two working days in advance of your
visit. There will be a fee of 15 cents per page for making photocopies
of documents. On the day of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-6521, fax
(214) 665-7263, e-mail address paige.carrie@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA. This SUPPLEMENTARY INFORMATION section is
arranged as follows:
I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
We are determining that the Dallas/Fort Worth (DFW) 1-hour ozone
nonattainment area is currently attaining the 1-hour ozone National
Ambient Air Quality Standard (NAAQS). This determination is based upon
certified ambient air monitoring data that show the area has monitored
attainment of the 1-hour ozone NAAQS for the 2004-2006 monitoring
period. In addition, quality controlled and quality assured ozone data
for 2007 and 2008 that are available in the EPA Air Quality System
databases show this area continues to attain the 1-hour ozone NAAQS.
The rationale for our action is explained in the Notice of Proposed
Rulemaking (NPR) published on July 11, 2008 (73 FR 39897) and will not
be restated here. No public comments were received on the NPR.
II. What Is the Effect of This Action?
Pursuant to our determination of attainment and in accordance with
our Clean Data Policy \1\, this determination suspends the requirements
for the DFW area to submit an attainment demonstration, a RFP plan, or
in this case a 5% IOP plan, (40 CFR 51.905(a)), section 172(c)(9) and
section 182(c)(9) contingency measures, and other SIPs related to
attainment of the 1-hour ozone NAAQS for so long as the area is
attaining the standard.
---------------------------------------------------------------------------
\1\ Our Clean Data Policy is set forth in a May 10, 1995 EPA
memorandum from John S. Seitz, Director, Office of Air Quality
Planning and Standards, entitled ``Reasonable Further Progress,
Attainment Demonstration, and Related Requirements for Ozone
Nonattainment Areas Meeting the Ozone Ambient Air Quality
Standard''.
---------------------------------------------------------------------------
III. Final Action
We find that the DFW 1-hour ozone nonattainment area has attained
the 1-hour ozone standard. Thus the requirements for submitting the
attainment demonstration or 5% IOP plan, RFP plan, section 172(c)(9)
and section 182(c)(9) contingency measures, and other SIPs related to
attainment of the 1-hour ozone NAAQS are suspended for so long as the
area is attaining the standard.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
makes a determination based on air quality data, and results in the
suspension of certain Federal requirements. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601, et seq.).
Because this rule makes a determination based on air quality data,
and results in the suspension of certain Federal requirements, it 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). This rule also does not have tribal implications
because it will not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000). This action also
does not have Federalism implications because it does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in
[[Page 61358]]
Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely
makes a determination based on air quality data and results in the
suspension of certain Federal requirements, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This rule also is not subject to
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it determines that air quality in the affected area is meeting Federal
standards.
The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply
because it would be inconsistent with applicable law for EPA, when
determining the attainment status of an area, to use voluntary
consensus standards in place of promulgated air quality standards and
monitoring procedures that otherwise satisfy the provisions of the
Clean Air Act. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501, et seq.). Under Executive Order 12898, EPA finds that this
rule involves a determination of attainment based on air quality data
and will not have disproportionately high and adverse human health or
environmental effects on any communities in the area, including
minority and low-income communities.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule 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 December 15, 2008. 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 to reclassify the HGB area as a severe
ozone nonattainment area and to adjust applicable deadlines 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 dioxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: October 8, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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. Section 52.2275 is amended by adding paragraph (f) to read as
follows:
Sec. 52.2275 Control strategy and regulations: Ozone.
* * * * *
(f) Determination of Attainment. Effective November 17, 2008 EPA
has determined that the Dallas/Fort Worth (DFW) 1-hour ozone
nonattainment area has attained the 1-hour ozone standard. Under the
provisions of EPA's Clean Data Policy, this determination suspends the
requirements for this area to submit an attainment demonstration or 5%
increment of progress plan, a reasonable further progress plan,
contingency measures, and other State Implementation Plans related to
attainment of the 1-hour ozone NAAQS for so long as the area continues
to attain the 1-hour ozone NAAQS.
[FR Doc. E8-24592 Filed 10-15-08; 8:45 am]
BILLING CODE 6560-50-P