Approval and Promulgation of Implementation Plans; Texas; Reasonable Further Progress Plan and Motor Vehicle Emissions Budgets for the Dallas/Fort Worth 2008 Ozone Nonattainment Area, 88124-88125 [2016-29274]

Download as PDF 88124 Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations TABLE 1—COMPETITIVE PRODUCTS INCOME STATEMENT—PRC FORM CP–01—Continued [$ in 000s] FY 20xx (6) Incremental Inframarginal Costs ......................................................... (7) Total Competitive Products Attributable Costs ................................... (8) Net Contribution Competitive Products Market Tests ........................ (9) Net Income Before Institutional Cost Contribution ............................. (10) Required Institutional Cost Contribution ........................................... (11) Net Income (Loss) Before Tax .......................................................... (12) Assumed Federal Income Tax .......................................................... (13) Net Income (Loss) After Tax ............................................................. FY 20xx–1 x,xxx x,xxx x,xxx x,xxx x,xxx x,xxx x,xxx x,xxx Change from SPLY x,xxx x,xxx x,xxx x,xxx x,xxx x,xxx x,xxx x,xxx xxx xxx xxx xxx xxx xxx xxx xxx Percent change from SPLY xx.x xx.x xx.x ........................ x.x.x xx.x xx.x xx.x Line (1): Total revenues from Competitive Products volumes and Ancillary Services. Line (2): Income provided from investment of surplus Competitive Products revenues. Line (3): Sum total of revenues from Competitive Products volumes, services, and investments. Line (4): Total Competitive Products volume-variable costs as shown in the Cost and Revenue Analysis (CRA) report. Line (5): Total Competitive Products product-specific costs as shown in the CRA report. Line (6): Inframarginal costs calculated as part of total Competitive Products incremental costs as shown in ACR Library Reference ‘‘Competitive Product Incremental and Group Specific Costs’’ (Currently NP10). Line (7): Sum total of Competitive Products costs (sum of lines 4, 5, and 6). Line (8) Net Contribution Competitive Products Market Tests as shown in the Annual Compliance Report. Line (9): Difference between Competitive Products total revenues and attributable costs and Market Tests Contributions (line 3 less line 7 plus line 8). Line (10): Minimum amount of Institutional cost contribution required under 39 CFR 3015.7 of this chapter. Line (11): Line 9 less line 10. Line (12): Total assumed Federal income tax as calculated under 39 CFR 3060.40. Line (13): Line 11 less line 12. [FR Doc. 2016–29270 Filed 12–6–16; 8:45 am] BILLING CODE 7710–FW–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2015–0495; FRL–9955–52– Region 6] Approval and Promulgation of Implementation Plans; Texas; Reasonable Further Progress Plan and Motor Vehicle Emissions Budgets for the Dallas/Fort Worth 2008 Ozone Nonattainment Area Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving the Dallas/ Fort Worth (DFW) moderate nonattainment area Reasonable Further Progress (RFP) State Implementation Plan (SIP) revision for the 2008 ozone National Ambient Air Quality Standard (NAAQS or standard). EPA is also approving revisions to the 2011 base year emissions inventory for the DFW moderate nonattainment area for the 2008 ozone NAAQS, the 2017 transportation conformity motor vehicle emissions budgets (MVEBs), and the required contingency measures for asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:02 Dec 06, 2016 Jkt 241001 failure to meet RFP. This action is being taken under the Clean Air Act (CAA). DATES: This rule is effective on January 6, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R06–OAR–2015–0495. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http:// www.regulations.gov or in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733. FOR FURTHER INFORMATION CONTACT: Wendy Jacques, 214–665–7395, jacques.wendy@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means the EPA. The background for this action is discussed in detail in our September 20, 2016 proposal (81 FR 64372). In that document we proposed to approve the DFW RFP SIP revision for the 2008 ozone standard submitted by the State Frm 00028 Fmt 4700 II. Final Action We are approving the DFW RFP SIP revision for the 2008 ozone standard that was submitted on July 10, 2015 and supplemented on April 22, 2016. We are approving the revised base year emission inventory, the RFP plan, the 2017 MVEBs and the required contingency measures for failure to meet RFP. The 2017 MVEBs are listed in Table 1. TABLE 1—DFW RFP MVEBS [Tons per day] Year NOX VOC 2017 .......... 148.36 77.18 This action is being taken under section 110 of the CAA. I. Background PO 00000 of Texas. EPA also proposed to approve revisions to the 2011 base year emissions inventory for the DFW moderate nonattainment area for the 2008 ozone NAAQS, the 2017 transportation conformity motor vehicle emissions budgets (MVEBs), and the required contingency measures for failure to meet RFP. We did not receive any comments regarding our proposal. Sfmt 4700 III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the E:\FR\FM\07DER1.SGM 07DER1 Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations 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 Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 6, 2017. Filing a petition for reconsideration by the 88125 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, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: December 1, 2016. Ron Curry, Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart SS—Texas 2. In § 52.2270 (e), the second table titled ‘‘EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP’’ is amended by adding a new entry at the end for ‘‘DFW Reasonable Further Progress SIP Revision for the 2008 Ozone Standard’’ to read as follows. ■ § 52.2270 * Identification of plan. * * (e) * * * * * EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP asabaliauskas on DSK3SPTVN1PROD with RULES Name of SIP provision Applicable geographic or nonattainment area * * * DFW Reasonable Further Collin, Dallas, Denton, Ellis, Progress (RFP) Plan, RFP Johnson, Kaufman, Parker, Contingency Measures, Rockwall, Tarrant and Wise RFP Motor Vehicle EmisCounties, TX. sion Budgets for 2017, and Revised 2011 Base Year Emissions Inventory for the 2008 Ozone NAAQS. State submittal/ effective date * 7/10/2015 EPA approval date * 12/7/2016 [Insert Federal Register citation]. [FR Doc. 2016–29274 Filed 12–6–16; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 16:02 Dec 06, 2016 Jkt 241001 PO 00000 Frm 00029 Fmt 4700 Sfmt 9990 E:\FR\FM\07DER1.SGM 07DER1 Comments * * Supplement submitted on April 22, 2016.

Agencies

[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Rules and Regulations]
[Pages 88124-88125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29274]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0495; FRL-9955-52-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Reasonable Further Progress Plan and Motor Vehicle Emissions Budgets 
for the Dallas/Fort Worth 2008 Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Dallas/Fort Worth (DFW) moderate nonattainment area Reasonable Further 
Progress (RFP) State Implementation Plan (SIP) revision for the 2008 
ozone National Ambient Air Quality Standard (NAAQS or standard). EPA is 
also approving revisions to the 2011 base year emissions inventory for 
the DFW moderate nonattainment area for the 2008 ozone NAAQS, the 2017 
transportation conformity motor vehicle emissions budgets (MVEBs), and 
the required contingency measures for failure to meet RFP. This action 
is being taken under the Clean Air Act (CAA).

DATES: This rule is effective on January 6, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2015-0495. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Wendy Jacques, 214-665-7395, 
jacques.wendy@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our 
September 20, 2016 proposal (81 FR 64372). In that document we proposed 
to approve the DFW RFP SIP revision for the 2008 ozone standard 
submitted by the State of Texas. EPA also proposed to approve revisions 
to the 2011 base year emissions inventory for the DFW moderate 
nonattainment area for the 2008 ozone NAAQS, the 2017 transportation 
conformity motor vehicle emissions budgets (MVEBs), and the required 
contingency measures for failure to meet RFP. We did not receive any 
comments regarding our proposal.

II. Final Action

    We are approving the DFW RFP SIP revision for the 2008 ozone 
standard that was submitted on July 10, 2015 and supplemented on April 
22, 2016. We are approving the revised base year emission inventory, 
the RFP plan, the 2017 MVEBs and the required contingency measures for 
failure to meet RFP. The 2017 MVEBs are listed in Table 1.

                         Table 1--DFW RFP MVEBs
                             [Tons per day]
------------------------------------------------------------------------
                 Year                         NOX              VOC
------------------------------------------------------------------------
2017..................................          148.36            77.18
------------------------------------------------------------------------

    This action is being taken under section 110 of the CAA.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the

[[Page 88125]]

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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 6, 2017. 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, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: December 1, 2016.
Ron Curry,
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 (e), the second table titled ``EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP'' is amended by adding a new entry at the end for ``DFW Reasonable 
Further Progress SIP Revision for the 2008 Ozone Standard'' to read as 
follows.


Sec.  52.2270  Identification of plan.

* * * * *
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                        Applicable           State
      Name of SIP provision           geographic or       submittal/     EPA approval date         Comments
                                    nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
DFW Reasonable Further Progress    Collin, Dallas,           7/10/2015  12/7/2016 [Insert    Supplement
 (RFP) Plan, RFP Contingency        Denton, Ellis,                       Federal Register     submitted on April
 Measures, RFP Motor Vehicle        Johnson, Kaufman,                    citation].           22, 2016.
 Emission Budgets for 2017, and     Parker, Rockwall,
 Revised 2011 Base Year Emissions   Tarrant and Wise
 Inventory for the 2008 Ozone       Counties, TX.
 NAAQS.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-29274 Filed 12-6-16; 8:45 am]
 BILLING CODE 6560-50-P