Determination of Nonattainment and Reclassification of the Dallas/Fort Worth 1997 8-Hour Ozone Nonattainment Area; Texas, 79302-79304 [2010-31885]
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79302
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 18, 2011. 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,
Ozone, and Volatile organic
compounds.
Dated: December 8, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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 Z—Mississippi
2. Section 52.1270 (c) is amended by
revising the entry for ‘‘APC–S–5’’ to read
as follows:
■
§ 52.1270
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MISSISSIPPI REGULATIONS
State citation
Title/subject
*
State effective
date
*
EPA approval
date
*
Explanation
*
*
*
*
APC–S–5—Regulations for the Prevention of Significant Deterioration of Air Quality
All ........................
*
*
*
...........................
*
9/24/2007 .........
*
[FR Doc. 2010–31893 Filed 12–17–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R06–OAR–2010–0412; FRL–9240–8]
Determination of Nonattainment and
Reclassification of the Dallas/Fort
Worth 1997 8-Hour Ozone
Nonattainment Area; Texas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing its
determination that the Dallas/Fort
Worth (DFW) moderate 8-hour ozone
nonattainment area failed to attain the
1997 8-hour ozone national ambient air
quality standard (NAAQS or standard)
by June 15, 2010, the attainment
deadline set forth in the Clean Air Act
jlentini on DSKJ8SOYB1PROD with RULES
SUMMARY:
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12/20/10 [Insert
citation of
publication].
APC–S–5 incorporates by reference the regulations found at 40
CFR 52.21 as of June 15, 2007; This EPA action is approving
the incorporation by reference with the exception of the phrase
‘‘except ethanol production facilities producing ethanol by natural
fermentation under the North American Industry Classification
System (NAICS) codes 325193 or 312140,’’ APC–S–5 incorporated by reference from 40 CFR 52.21(b)(1)(i)(a) and
(b)(1(iii)(t). APC–S–5.
(CAA or Act) and Code of Federal
Regulations (CFR) for moderate
nonattainment areas. This final
determination is based on EPA’s review
of complete, quality assured and
certified ambient air quality monitoring
data for the 2007–2009 monitoring
period that are available in the EPA Air
Quality System (AQS) database. As a
result of this final action, the DFW area
will be reclassified by operation of law
as a serious ozone nonattainment area
for the 1997 8-hour ozone standard on
the effective date of this rulemaking.
The new attainment date for the DFW
area is as expeditiously as practicable,
but not later than June 15, 2013. The
State of Texas must submit State
Implementation Plan (SIP) revisions
addressing requirements for ‘‘serious’’
areas no later than one year after the
effective date of this rulemaking.
DATES: This rule is effective on January
19, 2011.
ADDRESSES: EPA established a docket
for this action under Docket ID No.
EPA–R06–OAR–2010–0412. All
PO 00000
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Fmt 4700
Sfmt 4700
documents in the docket are listed at
https://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 https://
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.
E:\FR\FM\20DER1.SGM
20DER1
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations
Please make the appointment at least
two working days in advance of your
visit. There is 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 number
214–665–6762; 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 finalizing our determination
that the DFW 8-hour ozone moderate
nonattainment area failed to attain the
1997 8-hour ozone NAAQS by the
applicable attainment date. This
determination is based on qualityassured and certified ambient air
monitoring data for the years 2007–
2009. These data show that the DFW
area was violating the 1997 8-hour
ozone standard at the time of the June
15, 2010 attainment deadline.
As a result of this action, the DFW
area will be reclassified by operation of
law as a serious ozone nonattainment
area for the 1997 8-hour ozone standard
on the effective date of this rulemaking.
The rationale for this action is
explained in the Notice of Proposed
Rulemaking (NPR) published on August
9, 2000 (75 FR 47746) and will not be
restated here. No comments were
received on the NPR.
jlentini on DSKJ8SOYB1PROD with RULES
II. What is the effect of this action?
The DFW area will be reclassified by
operation of law as a serious ozone
nonattainment area for the 1997 8-hour
ozone standard on the effective date of
this rulemaking. The serious area
attainment date for the DFW area is as
expeditiously as practicable, but not
later than June 15, 2013.
The revised SIP for the DFW area
must include all the requirements for
serious ozone nonattainment area plans,
such as: (1) Attainment and reasonable
further progress demonstrations (CAA
section 182(c)(2), 40 CFR 51.908 and 40
CFR 51.910); (2) an enhanced
monitoring program (CAA section
VerDate Mar<15>2010
19:04 Dec 17, 2010
Jkt 223001
182(c)(1) and 40 CFR 58.10); (3) an
enhanced vehicle inspection and
maintenance program (CAA section
182(c)(3) and 40 CFR 51.350); (4) clean
fuel vehicle programs (CAA section
182(c)(4)); (5) transportation control
(CAA section 182(c)(5)); (6) a 50 ton-peryear major source threshold (CAA
section182(c) and 40 CFR 51.165); (7)
more stringent new source review
requirements (CAA section 182(c)(6)
and 40 CFR 51.165); (8) special rules for
modification of sources (CAA sections
182(c)(7) and 182(c)(8), and 40 CFR
51.165); (9) contingency provisions
(CAA section 182(c)(9)); and (10)
increased offsets (CAA section
182(c)(10) and 40 CFR 51.165).1 See also
the requirements for serious ozone
nonattainment areas set forth in section
182(c) of the Act. All applicable controls
required to demonstrate attainment by
June 15, 2013 shall be implemented no
later than March 1, 2012.
In addition, the requirements of
section 182(b)(3) relating to Stage II
gasoline vapor recovery shall apply,
provided EPA has not determined that
onboard vapor recovery (ORVR) is in
widespread use in the motor vehicle
fleet and waived the section 182(b)(3)
requirement.2
III. Final Action
Pursuant to section 181(b)(2) of the
Act, EPA is making a final
determination that the DFW 8-hour
ozone nonattainment area failed to
attain the 1997 8-hour ozone standard
by June 15, 2010, the attainment date for
moderate ozone nonattainment areas.
Thus, the DFW area will be reclassified
by operation of law as a serious ozone
nonattainment area for the 1997 8-hour
ozone standard on the effective date of
this rulemaking.
The submittal of the serious area SIP
revisions will be due to EPA no later
than one year after the effective date of
this rulemaking; except that the
required SIP revision for Stage II vapor
recovery will be due to EPA no later
than two years after the effective date of
this rulemaking, pursuant to section
182(b)(3)(A) of the Act. All applicable
controls required to demonstrate
attainment by June 15, 2013 shall be
implemented no later than March 1,
2012.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
1 For a list of the serious area requirements
already in place in the DFW area, see the proposed
rulemaking (75 FR 47746).
2 See the proposed rulemaking for additional
information (75 FR 47746).
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
79303
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
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 Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994). In
addition, this rule does not have Tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because the SIP is not approved
to apply in Indian country located in the
State, and EPA notes that 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
E:\FR\FM\20DER1.SGM
20DER1
79304
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by February 18,
2011. 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 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: December 12, 2010.
Al Armendariz,
Regional Administrator, Region 6.
40 CFR part 81 is amended as follows:
PART 81—[AMENDED]
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 81.344 the table entitled
‘‘Texas—Ozone (8-hour Standard)’’ is
amended by revising the entries for
Dallas-Fort Worth, TX and adding a new
footnote 5 at the end of the table to read
as follows:
■
§ 81.344
*
*
Texas.
*
*
*
TEXAS—OZONE (8-HOUR STANDARD)
Designation a
Category/classification
Designated area
Date 1
*
Dallas-Fort Worth, TX:
Collin County ..............
Dallas County .............
Denton County ............
Ellis County .................
Johnson County ..........
Kaufman County .........
Parker County .............
Rockwall County .........
Tarrant County ............
*
*
Type
*
*
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
*
Date 1
Nonattainment
Nonattainment
Nonattainment
Nonattainment
Nonattainment
Nonattainment
Nonattainment
Nonattainment
Nonattainment
*
Type
*
...................
...................
...................
...................
...................
...................
...................
...................
...................
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
*
*
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
*
*
*
Subpart
Subpart
Subpart
Subpart
Subpart
Subpart
Subpart
Subpart
Subpart
2/Serious.
2/Serious.
2/Serious.
2/Serious.
2/Serious.
2/Serious.
2/Serious.
2/Serious.
2/Serious.
*
a Includes
Indian Country located in each county or area, except as otherwise specified.
date is June 15, 2004, unless otherwise noted.
*
*
*
*
5 Effective January 19, 2011.
*
*
*
*
1 This
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 262
jlentini on DSKJ8SOYB1PROD with RULES
[EPA–HQ–RCRA–2003–0012; FRL–9240–5]
Technical Corrections to the Standards
Applicable to Generators of Hazardous
Waste; Alternative Requirements for
Hazardous Waste Determination and
Accumulation of Unwanted Material at
Laboratories Owned by Colleges and
Universities and Other Eligible
Academic Entities Formally Affiliated
With Colleges and Universities
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
VerDate Mar<15>2010
20:15 Dec 17, 2010
Jkt 223001
*
EPA is taking direct final
action for six technical corrections to an
alternative set of hazardous waste
generator requirements known as the
‘‘Academic Laboratories rule’’ or
‘‘Subpart K’’ which is applicable to
laboratories owned by eligible academic
entities. These changes correct errors
published in the Academic Laboratories
Final rule, including omissions and
redundancies, as well as remove an
obsolete reference to the Performance
Track program, which has been
terminated. These technical corrections
will improve the clarity of the Academic
Laboratories rule.
SUMMARY:
[FR Doc. 2010–31885 Filed 12–17–10; 8:45 am]
AGENCY:
*
This rule is effective on March 7,
2011 without further notice, unless EPA
receives adverse comment by January
19, 2011. If EPA receives adverse
comment, we will publish a timely
withdrawal in the Federal Register
informing the public that the specific
DATES:
PO 00000
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amendments in this Direct Final rule for
which the Agency received adverse
comment will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
RCRA–2003–0012 by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: rcra-docket@epa.gov.
• Fax: 202–566–9794.
• Mail: RCRA Docket, Environmental
Protection Agency, Mailcode: 28221T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
• Hand Delivery: EPA West Building,
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC 20460. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
E:\FR\FM\20DER1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Rules and Regulations]
[Pages 79302-79304]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31885]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R06-OAR-2010-0412; FRL-9240-8]
Determination of Nonattainment and Reclassification of the
Dallas/Fort Worth 1997 8-Hour Ozone Nonattainment Area; Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing its determination that the Dallas/Fort Worth
(DFW) moderate 8-hour ozone nonattainment area failed to attain the
1997 8-hour ozone national ambient air quality standard (NAAQS or
standard) by June 15, 2010, the attainment deadline set forth in the
Clean Air Act (CAA or Act) and Code of Federal Regulations (CFR) for
moderate nonattainment areas. This final determination is based on
EPA's review of complete, quality assured and certified ambient air
quality monitoring data for the 2007-2009 monitoring period that are
available in the EPA Air Quality System (AQS) database. As a result of
this final action, the DFW area will be reclassified by operation of
law as a serious ozone nonattainment area for the 1997 8-hour ozone
standard on the effective date of this rulemaking. The new attainment
date for the DFW area is as expeditiously as practicable, but not later
than June 15, 2013. The State of Texas must submit State Implementation
Plan (SIP) revisions addressing requirements for ``serious'' areas no
later than one year after the effective date of this rulemaking.
DATES: This rule is effective on January 19, 2011.
ADDRESSES: EPA established a docket for this action under Docket ID No.
EPA-R06-OAR-2010-0412. All documents in the docket are listed at https://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 https://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.
[[Page 79303]]
Please make the appointment at least two working days in advance of
your visit. There is 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 number 214-665-6762; 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 finalizing our determination that the DFW 8-hour ozone
moderate nonattainment area failed to attain the 1997 8-hour ozone
NAAQS by the applicable attainment date. This determination is based on
quality-assured and certified ambient air monitoring data for the years
2007-2009. These data show that the DFW area was violating the 1997 8-
hour ozone standard at the time of the June 15, 2010 attainment
deadline.
As a result of this action, the DFW area will be reclassified by
operation of law as a serious ozone nonattainment area for the 1997 8-
hour ozone standard on the effective date of this rulemaking.
The rationale for this action is explained in the Notice of
Proposed Rulemaking (NPR) published on August 9, 2000 (75 FR 47746) and
will not be restated here. No comments were received on the NPR.
II. What is the effect of this action?
The DFW area will be reclassified by operation of law as a serious
ozone nonattainment area for the 1997 8-hour ozone standard on the
effective date of this rulemaking. The serious area attainment date for
the DFW area is as expeditiously as practicable, but not later than
June 15, 2013.
The revised SIP for the DFW area must include all the requirements
for serious ozone nonattainment area plans, such as: (1) Attainment and
reasonable further progress demonstrations (CAA section 182(c)(2), 40
CFR 51.908 and 40 CFR 51.910); (2) an enhanced monitoring program (CAA
section 182(c)(1) and 40 CFR 58.10); (3) an enhanced vehicle inspection
and maintenance program (CAA section 182(c)(3) and 40 CFR 51.350); (4)
clean fuel vehicle programs (CAA section 182(c)(4)); (5) transportation
control (CAA section 182(c)(5)); (6) a 50 ton-per-year major source
threshold (CAA section182(c) and 40 CFR 51.165); (7) more stringent new
source review requirements (CAA section 182(c)(6) and 40 CFR 51.165);
(8) special rules for modification of sources (CAA sections 182(c)(7)
and 182(c)(8), and 40 CFR 51.165); (9) contingency provisions (CAA
section 182(c)(9)); and (10) increased offsets (CAA section 182(c)(10)
and 40 CFR 51.165).\1\ See also the requirements for serious ozone
nonattainment areas set forth in section 182(c) of the Act. All
applicable controls required to demonstrate attainment by June 15, 2013
shall be implemented no later than March 1, 2012.
---------------------------------------------------------------------------
\1\ For a list of the serious area requirements already in place
in the DFW area, see the proposed rulemaking (75 FR 47746).
---------------------------------------------------------------------------
In addition, the requirements of section 182(b)(3) relating to
Stage II gasoline vapor recovery shall apply, provided EPA has not
determined that onboard vapor recovery (ORVR) is in widespread use in
the motor vehicle fleet and waived the section 182(b)(3)
requirement.\2\
---------------------------------------------------------------------------
\2\ See the proposed rulemaking for additional information (75
FR 47746).
---------------------------------------------------------------------------
III. Final Action
Pursuant to section 181(b)(2) of the Act, EPA is making a final
determination that the DFW 8-hour ozone nonattainment area failed to
attain the 1997 8-hour ozone standard by June 15, 2010, the attainment
date for moderate ozone nonattainment areas. Thus, the DFW area will be
reclassified by operation of law as a serious ozone nonattainment area
for the 1997 8-hour ozone standard on the effective date of this
rulemaking.
The submittal of the serious area SIP revisions will be due to EPA
no later than one year after the effective date of this rulemaking;
except that the required SIP revision for Stage II vapor recovery will
be due to EPA no later than two years after the effective date of this
rulemaking, pursuant to section 182(b)(3)(A) of the Act. All applicable
controls required to demonstrate attainment by June 15, 2013 shall be
implemented no later than March 1, 2012.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
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 Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994). In addition,
this rule does not have Tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not
approved to apply in Indian country located in the State, and EPA notes
that 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
[[Page 79304]]
that before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
House of the Congress and to the Comptroller General of the United
States. EPA will submit a report containing this action and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 18, 2011. 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 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: December 12, 2010.
Al Armendariz,
Regional Administrator, Region 6.
40 CFR part 81 is amended as follows:
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.344 the table entitled ``Texas--Ozone (8-hour
Standard)'' is amended by revising the entries for Dallas-Fort Worth,
TX and adding a new footnote 5 at the end of the table to read as
follows:
Sec. 81.344 Texas.
* * * * *
Texas--Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Dallas-Fort Worth, TX:
Collin County............... .................. Nonattainment..... (\5\)............. Subpart 2/Serious.
Dallas County............... .................. Nonattainment..... (\5\)............. Subpart 2/Serious.
Denton County............... .................. Nonattainment..... (\5\)............. Subpart 2/Serious.
Ellis County................ .................. Nonattainment..... (\5\)............. Subpart 2/Serious.
Johnson County.............. .................. Nonattainment..... (\5\)............. Subpart 2/Serious.
Kaufman County.............. .................. Nonattainment..... (\5\)............. Subpart 2/Serious.
Parker County............... .................. Nonattainment..... (\5\)............. Subpart 2/Serious.
Rockwall County............. .................. Nonattainment..... (\5\)............. Subpart 2/Serious.
Tarrant County.............. .................. Nonattainment..... (\5\)............. Subpart 2/Serious.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * *
\5\ Effective January 19, 2011.
* * * * *
[FR Doc. 2010-31885 Filed 12-17-10; 8:45 am]
BILLING CODE 6560-50-P
