Approval and Promulgation of Implementation Plans; Texas; Clean Air Act Requirements for Vehicle Inspection and Maintenance and Nonattainment New Source Review, 27122-27125 [2017-12210]
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27122
Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / 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 August 14, 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).)
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart LL—Oklahoma
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Interstate transport of pollution,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides.
Dated: June 1, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
2. In § 52.1920(e), the first table titled
‘‘EPA-Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Oklahoma SIP’’ is
amended by adding an entry for
‘‘Infrastructure for the 2012 PM2.5
NAAQS’’ at the end to read as follows:
■
§ 52.1920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE OKLAHOMA SIP
*
Infrastructure for the 2012
PM2.5 NAAQS.
*
*
*
*
*
*
Statewide ................................
*
[FR Doc. 2017–12209 Filed 6–13–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2015–0833; FRL–9962–48Region 6]
Approval and Promulgation of
Implementation Plans; Texas; Clean
Air Act Requirements for Vehicle
Inspection and Maintenance and
Nonattainment New Source Review
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or 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 pertains to CAA 2008 ozone
NAAQS requirements for vehicle
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SUMMARY:
VerDate Sep<11>2014
State
submittal
date
Applicable geographic or
nonattainment area
Name of SIP provision
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*
6/16/2016
EPA approval date
*
6/14/2017 [Insert FR page
number where document
begins].
inspection and maintenance (I/M) and
nonattainment new source review
(NNSR) in the Dallas/Fort Worth ozone
nonattainment area (DFW area).
DATES: This rule is effective on
September 12, 2017 without further
notice, unless the EPA receives relevant
adverse comment by July 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–2015–0833, 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
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Explanation
*
*
Does not address 110(a)(2)
(D)(i)(I). No action on 110(a)
(2)(D) (i)(II) (visibility portion).
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
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).
Mr.
Carl Young, 214–665–6645, young.carl@
epa.gov. To inspect the hard copy
materials, please schedule an
FOR FURTHER INFORMATION CONTACT:
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appointment with Mr. Young or Mr. Bill
Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ mean 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 2008 8hour ozone NAAQS replaced the 1997
8-hour ozone NAAQS of 0.08 ppm. The
DFW area was classified as a
‘‘Moderate’’ ozone nonattainment area
for the 2008 8-hour ozone NAAQS and
initially given an attainment date of no
later than December 31, 2018 (77 FR
30088 and 77 FR 30160, May 21, 2012).
The DFW area consists of Collin, Dallas,
Denton, Ellis, Johnson, Kaufman,
Parker, Rockwall, Tarrant and Wise
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
Moderate ozone nonattainment areas,
including the DFW area as July 20, 2018
(80 FR 12264, March 6, 2015).
On July 10, 2015, Texas submitted a
SIP revision for the DFW area based on
an attainment date of December 31,
2018. Texas further revised the SIP to
address an attainment date of July 20,
2018 and submitted it on August 5,
2016. Copies of the SIP revisions are
available at www.regulations.gov,
Docket number EPA–R06–OAR–2015–
0833.
As a moderate ozone nonattainment
area and under the anti-backsliding
requirements of the previous standards,
Texas is required to implement I/M and
NNSR programs. These were also
requirements under the previous ozone
standards. In the August 5, 2016 SIP
revision Texas discusses these
requirements and noted: (1) That the
DFW area meets the CAA requirements
to implement an I/M program and (2)
since the Dallas/Fort Worth 1997 ozone
nonattainment area was not
redesignated to attainment prior to the
revocation of the 1979 1-hour ozone
NAAQS and the 1997 ozone NAAQS,
anti-backsliding NNSR requirements for
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Serious areas still apply. Texas also
noted that a redesignation substitute
demonstration was submitted for the
1997 ozone NAAQS to satisfy antibacksliding requirements for the
revoked NAAQS in the DFW area. Antibacksliding requirements ensure air
quality in nonattainment areas does not
get worse after an air quality standard is
revoked (81 FR 81276, 81288, November
17, 2016). The EPA approved Texas SIP
(Texas SIP) that incorporates by
reference the state’s regulations can be
found at 40 CFR 52.2270(c).
II. EPA’s Evaluation
A. CAA Requirements for I/M in the
DFW 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 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 1hour 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 DFW area was classified as
Serious nonattainment for these revoked
ozone NAAQS, an enhanced I/M
program is required in the DFW 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 Serious classification is
one classification 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). 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
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27123
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 (66
FR 57261, 57262, November 14, 2001).
Under these provisions Collin, Dallas,
Denton, Ellis, Johnson, Kaufman,
Parker, Rockwall and Tarrant counties
are included in an enhanced I/M
program. An enhanced program is
required for anti-backsliding purposes
since these counties were classified as
Serious nonattainment for the 1997 8hour ozone NAAQS (75 FR 79302,
December 20, 2010). The program
requires that gasoline powered lightduty 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. Wise County is
not required to be included in the I/M
program as it is not included in the
urbanized area. See www2.census.gov/
geo/pdfs/reference/ua/1990uas.pdf and
www.census.gov/population/metro/
files/lists/historical/90mfips.txt.
Therefore, since the provisions in the
Texas SIP already include the CAA I/M
requirements for the DFW area, we are
approving this portion of the SIP
revisions.
B. CAA Requirements for NNSR in the
DFW Area
The applicable NNSR requirements
for the various ozone nonattainment
classifications are described in CAA
section 182 and further defined in 40
CFR part 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)).
The Texas SIP 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 DFW area to
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
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for ozone nonattainment areas classified
as Moderate, we are approving this
portion of the SIP revision.
We note that at the time of the SIP
revisions, except for Wise County, the
Serious area NNSR permitting
requirements for the 1997 8-hour ozone
NAAQS applied for the DFW area to
meet anti-backsliding requirements.
Moderate area NNSR permitting
requirements applied to Wise County. In
November 2016, we approved a
redesignation substitute for the DFW
area, which addressed both the 1-hour
and 1997 ozone standards. This action
found that the area was meeting these
standards and was expected to continue
to meet these standards. Based on this
finding, EPA, as part of the
redesignation substitute, removed the
Serious area NNSR requirement so that
only Moderate area NNSR requirements
apply to the DFW area (81 FR 78688,
November 8, 2016).
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III. Final Action
We are approving revisions to the
Texas SIP submitted on August 5, 2016,
that pertain to 2008 ozone NAAQS
requirements for vehicle I/M and NNSR
for the DFW area. As discussed above,
the Texas SIP includes provisions to
implement these Moderate area ozone
nonattainment requirements.
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 September 12, 2017
without further notice unless we receive
relevant adverse comment by July 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.
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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
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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 August 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 June
1, 2017 through the order of succession
outlined in Regional Order R6–1110.13,
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.
Dated: June 1, 2017.
Samuel Coleman,
Acting 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.
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§ 52.2270
adding an entry at the end for ‘‘Vehicle
Inspection and Maintenance and
Nonattainment New Source Review
Requirements for the 2008 Ozone
NAAQS’’ to read as follows:
Subpart SS—Texas
2. In § 52.2270(e), the second table
titled ‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Texas is amended by
■
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
*
*
Vehicle Inspection and Maintenance and Nonattainment New
Source Review Requirements
for the 2008 Ozone NAAQS.
*
Dallas-Fort Worth, TX ..................
State
approval/
submittal
date
Applicable geographic or
non-attainment area
*
7/6/2016
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0621; FRL–9962–57–
Region 9]
Revisions to the California State
Implementation Plan; Imperial County
Air Pollution Control District;
Stationary Sources Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing action on
revisions to the Imperial County Air
Pollution Control District (ICAPCD or
District) portion of the California State
Implementation Plan (SIP). We are
finalizing full approval of two rules.
Both rules update and revise the
District’s New Source Review (NSR)
permitting program for new and
modified sources of air pollution. We
are also finalizing a technical correction
to a previous action that will remove
one rule from the SIP.
DATES: This rule will be effective on July
14, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
Comments
*
*
6/14/2017, [Insert Federal Register citation].
EPA–R09–OAR–2015–0621. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although it may be listed in the
index, some information is not publicly
available, e.g., Confidential Business
Information (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 form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
[FR Doc. 2017–12210 Filed 6–13–17; 8:45 am]
SUMMARY:
EPA approval date
FOR FURTHER INFORMATION CONTACT:
Thien Khoi Nguyen, EPA Region IX,
(415) 947–4120, nguyen.thien@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
Table of Contents
Definitions
I. Proposed Action
II. EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
*
(i) The word or initials CAA mean or
refer to the Clean Air Act, unless the
context indicates otherwise.
(ii) The initials CARB mean or refer to
the California Air Resources Board.
(iii) The initials CFR mean or refer to
Code of Federal Regulations.
(iv) The initials or words EPA, we, us
or our mean or refer to the United States
Environmental Protection Agency.
(v) The word or initials ICAPCD or
District mean or refer to the Imperial
County Air Pollution Control District,
the agency with jurisdiction over
stationary sources within Imperial
County.
(vi) The initials NSR mean or refer to
New Source Review.
(vii) The initials SIP mean or refer to
State Implementation Plan.
I. Proposed Action
On December 19, 2016, the EPA
proposed a full approval of two rules
and a limited approval and limited
disapproval (LA/LD) of one rule (as
noted in Table 1) submitted by CARB
for incorporation into the ICAPCD
portion of the California SIP. 81 FR
91895. Table 1 also lists the dates the
rules were adopted by ICAPCD and
submitted by CARB, which is the
governor’s designee for California SIP
submittals.
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TABLE 1—SUBMITTED NSR RULES
Adopted/
revised
Rule #
Rule title
204 ............................
206 ............................
207 ............................
Applications ................................................................
Processing of Applications ........................................
New and Modified Stationary Source Review ...........
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9/14/99
10/22/13
10/22/13
Submitted
05/26/00
02/10/14
1/21/14
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Proposed action
Full Approval.
Full Approval.
LA/LD.
Agencies
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27122-27125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12210]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2015-0833; FRL-9962-48-Region 6]
Approval and Promulgation of Implementation Plans; Texas; Clean
Air Act Requirements for Vehicle Inspection and Maintenance and
Nonattainment New Source Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or 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 pertains to CAA 2008 ozone NAAQS
requirements for vehicle inspection and maintenance (I/M) and
nonattainment new source review (NNSR) in the Dallas/Fort Worth ozone
nonattainment area (DFW area).
DATES: This rule is effective on September 12, 2017 without further
notice, unless the EPA receives relevant adverse comment by July 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-
2015-0833, 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 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: Mr. Carl Young, 214-665-6645,
young.carl@epa.gov. To inspect the hard copy materials, please schedule
an
[[Page 27123]]
appointment with Mr. Young or Mr. Bill Deese at 214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' mean 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 2008 8-hour ozone NAAQS replaced the 1997 8-hour ozone NAAQS
of 0.08 ppm. The DFW area was classified as a ``Moderate'' ozone
nonattainment area for the 2008 8-hour ozone NAAQS and initially given
an attainment date of no later than December 31, 2018 (77 FR 30088 and
77 FR 30160, May 21, 2012). The DFW area consists of Collin, Dallas,
Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant and Wise
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 Moderate ozone nonattainment
areas, including the DFW area as July 20, 2018 (80 FR 12264, March 6,
2015).
On July 10, 2015, Texas submitted a SIP revision for the DFW area
based on an attainment date of December 31, 2018. Texas further revised
the SIP to address an attainment date of July 20, 2018 and submitted it
on August 5, 2016. Copies of the SIP revisions are available at
www.regulations.gov, Docket number EPA-R06-OAR-2015-0833.
As a moderate ozone nonattainment area and under the anti-
backsliding requirements of the previous standards, Texas is required
to implement I/M and NNSR programs. These were also requirements under
the previous ozone standards. In the August 5, 2016 SIP revision Texas
discusses these requirements and noted: (1) That the DFW area meets the
CAA requirements to implement an I/M program and (2) since the Dallas/
Fort Worth 1997 ozone nonattainment area was not redesignated to
attainment prior to the revocation of the 1979 1-hour ozone NAAQS and
the 1997 ozone NAAQS, anti-backsliding NNSR requirements for Serious
areas still apply. Texas also noted that a redesignation substitute
demonstration was submitted for the 1997 ozone NAAQS to satisfy anti-
backsliding requirements for the revoked NAAQS in the DFW area. Anti-
backsliding requirements ensure air quality in nonattainment areas does
not get worse after an air quality standard is revoked (81 FR 81276,
81288, November 17, 2016). The EPA approved Texas SIP (Texas SIP) that
incorporates by reference the state's regulations can be found at 40
CFR 52.2270(c).
II. EPA's Evaluation
A. CAA Requirements for I/M in the DFW 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 DFW area
was classified as Serious nonattainment for these revoked ozone NAAQS,
an enhanced I/M program is required in the DFW 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 Serious classification
is one classification 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). 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 (66 FR 57261, 57262, November 14, 2001).
Under these provisions Collin, Dallas, Denton, Ellis, Johnson,
Kaufman, Parker, Rockwall and Tarrant counties are included in an
enhanced I/M program. An enhanced program is required for anti-
backsliding purposes since these counties were classified as Serious
nonattainment for the 1997 8-hour ozone NAAQS (75 FR 79302, December
20, 2010). 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. Wise County is not required to be included in the I/M program
as it is not included in the urbanized area. See www2.census.gov/geo/pdfs/reference/ua/1990uas.pdf and www.census.gov/population/metro/files/lists/historical/90mfips.txt. Therefore, since the provisions in
the Texas SIP already include the CAA I/M requirements for the DFW
area, we are approving this portion of the SIP revisions.
B. CAA Requirements for NNSR in the DFW Area
The applicable NNSR requirements for the various ozone
nonattainment classifications are described in CAA section 182 and
further defined in 40 CFR part 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)).
The Texas SIP 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 DFW area to 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
[[Page 27124]]
for ozone nonattainment areas classified as Moderate, we are approving
this portion of the SIP revision.
We note that at the time of the SIP revisions, except for Wise
County, the Serious area NNSR permitting requirements for the 1997 8-
hour ozone NAAQS applied for the DFW area to meet anti-backsliding
requirements. Moderate area NNSR permitting requirements applied to
Wise County. In November 2016, we approved a redesignation substitute
for the DFW area, which addressed both the 1-hour and 1997 ozone
standards. This action found that the area was meeting these standards
and was expected to continue to meet these standards. Based on this
finding, EPA, as part of the redesignation substitute, removed the
Serious area NNSR requirement so that only Moderate area NNSR
requirements apply to the DFW area (81 FR 78688, November 8, 2016).
III. Final Action
We are approving revisions to the Texas SIP submitted on August 5,
2016, that pertain to 2008 ozone NAAQS requirements for vehicle I/M and
NNSR for the DFW area. As discussed above, the Texas SIP includes
provisions to implement these Moderate area ozone nonattainment
requirements.
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 September 12,
2017 without further notice unless we receive relevant adverse comment
by July 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 August 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
June 1, 2017 through the order of succession outlined in Regional Order
R6-1110.13, 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.
Dated: June 1, 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.
[[Page 27125]]
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 is
amended by adding an entry at the end for ``Vehicle Inspection and
Maintenance and Nonattainment New Source Review Requirements for the
2008 Ozone NAAQS'' to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
Applicable approval/
Name of SIP provision geographic or non- submittal EPA approval date Comments
attainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Vehicle Inspection and Dallas-Fort 7/6/2016 6/14/2017, ............................
Maintenance and Nonattainment Worth, TX. [Insert Federal
New Source Review Requirements Register
for the 2008 Ozone NAAQS. citation].
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[FR Doc. 2017-12210 Filed 6-13-17; 8:45 am]
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