Air Plan Approval; Texas; Revised Emissions Inventory for the Dallas-Fort Worth Ozone Nonattainment Area, 56891-56893 [2022-19957]
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Federal Register / Vol. 87, No. 179 / Friday, September 16, 2022 / Rules and Regulations
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
E. Unfunded Mandates Reform Act
■
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting nine hours that will
prohibit entry within the area south of
the East Erie Avenue Bridge in front of
the Black River Landing. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
khammond on DSKJM1Z7X2PROD with RULES
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Security measures,
Waterways.
VerDate Sep<11>2014
16:02 Sep 15, 2022
Jkt 256001
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
2. Add § 165.T09–0273 to read as
follows:
■
§ 165.T09–0273 Safety Zone, Black River,
South of East Erie Avenue Bridge in Front
of Black River Landing, Lorain, OH.
(a) Location. The following area is a
safety zone: All navigable waters within
the area south of the East Erie Avenue
Bridge in front of the Black River
Landing in Lorain, Ohio.
(b) Enforcement period. This section
will be enforced from 8 a.m. through 5
p.m. on September 18, 2022.
(c) Definitions. Official Patrol Vessel
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Buffalo (COTP) in the
enforcement of the regulations in this
section. Participant means all persons
and vessels attending the event.
(d) Regulations. During the
enforcement of the safety zone in
paragraph (a) of this section, the
following regulations, along with those
contained in this part, apply:
(1) The Coast Guard may patrol the
event area under the direction of a
designated Coast Guard Patrol
Commander. The Patrol Commander
may be contacted on Channel 16 VHF–
FM (156.8 MHz) by the call sign
‘‘PATCOM.’’
(2) All persons and vessels not
registered with the sponsor as
participants or official patrol vessels are
considered spectators. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels
designated or assigned by the Captain of
the Port Buffalo to patrol the event.
(3) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the Patrol
Commander and when so directed by
that officer and will be operated at a no
wake speed in a manner which will not
endanger participants in the event or
any other craft.
(4) No spectator shall anchor, block,
loiter, or impede the through transit of
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Fmt 4700
Sfmt 4700
56891
official patrol vessels in the regulated
area from 8 a.m. through 5 p.m. on
September 18, 2022, unless cleared for
entry by or through an official patrol
vessel.
(5) The Patrol Commander may forbid
and control the movement of all vessels
in the regulated area. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(6) Any spectator vessel may anchor
outside the regulated area specified in
this section, but may not anchor in,
block, or loiter in a navigable channel.
(7) The Patrol Commander may
terminate the event or the operation of
any vessel at any time it is deemed
necessary for the protection of life or
property.
(8) The Patrol Commander will
terminate enforcement of the special
regulations in this section at the
conclusion of the event.
Dated: September 13, 2022.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2022–20093 Filed 9–15–22; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2020–0161; FRL–10173–
01–R6]
Air Plan Approval; Texas; Revised
Emissions Inventory for the Dallas-Fort
Worth Ozone Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving revisions to the Texas State
Implementation Plan (SIP) applicable to
the Dallas-Fort Worth (DFW) serious
ozone nonattainment area for the 2008
ozone National Ambient Air Quality
Standard (NAAQS). Specifically, the
EPA is approving a revised 2011 base
year emissions inventory (EI) for the
DFW area.
DATES: This rule is effective on October
17, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2020–0161. All
documents in the docket are listed on
SUMMARY:
E:\FR\FM\16SER1.SGM
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Federal Register / Vol. 87, No. 179 / Friday, September 16, 2022 / Rules and Regulations
the https://www.regulations.gov
website. 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. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Clovis Steib, EPA Region 6 Office,
Infrastructure & Ozone Section, 214–
665–7566, steib.clovis@epa.gov. Out of
an abundance of caution for members of
the public and our staff, the EPA Region
6 office may be closed to the public to
reduce the risk of transmitting COVID–
19. Please call or email the contact
listed above if you need alternative
access to material indexed but not
provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
khammond on DSKJM1Z7X2PROD with RULES
I. Background
The background for this action is
discussed in detail in our October 9,
2020, proposal (85 FR 64084). In that
document we proposed to approve the
Reasonable Further Progress (RFP)
demonstration and associated motor
vehicle emission budgets, contingency
measures should the area fail to make
RFP emissions reductions or attain the
2008 ozone NAAQS by the applicable
attainment date, and a revised 2011 base
year EI for the DFW area. In the October
2020 proposal, we also described the
status of the adequacy determination for
the DFW nitrogen oxides (NOX) and
volatile organic compounds (VOC)
Motor Vehicle Emission Budgets
(MVEBs) for 2020 in accordance with 40
CFR 93.118(f)(2).
Our October 2020 proposal provided
a detailed description of the revisions
and the rationale for the EPA’s proposed
actions, together with a discussion of
the opportunity to comment. The public
comment period for our October 2020
proposal action closed on November 9,
2020. We received comments during the
public comment period from two
sources: Air Law for All, Ltd. (ALFA),
on behalf of the Center for Biological
Diversity and the Sierra Club; and the
North Central Texas Council of
Governments (NCTCOG). The comments
received from the NCTCOG were
supportive of the October 2020
proposal. The comments received from
ALFA were adverse and addressed all
elements in the October 2020 proposal,
except the 2011 revised base year EI.
The comments received are available for
VerDate Sep<11>2014
16:02 Sep 15, 2022
Jkt 256001
review in the docket for this
rulemaking. The EPA is only finalizing
the proposed approval of revisions that
address the revised 2011 base year EI at
this time. The other elements described
in the October 2020 proposal will be
addressed in a separate rulemaking.
II. Environmental Justice
Considerations
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ 1 The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’ 2 For this final action, the EPA
conducted screening analyses using the
EJScreen (Version 2.0) tool. We
conducted the analyses for the purpose
of providing information to the public,
not as a basis of our proposed action.
The EJScreen analysis reports are
available in the docket for this
rulemaking. The EPA found, based on
the EJScreen analyses, that this final
action will not have disproportionately
high or adverse human health or
environmental effects on communities
with EJ concerns, as the changes to the
EI will result in a more accurate EI for
the area upon which the State and EPA
can assess the RFP Plan requirements
for the DFW area.
III. Final Action
We are approving revisions to the
Texas SIP that address the base year EI
requirements for the DFW serious ozone
nonattainment area for the 2008 ozone
NAAQS. Specifically, we are approving
the revised 2011 base year EI for the
DFW area. The EI we are approving is
1 See https://www.epa.gov/environmentaljustice/
learn-about-environmental-justice.
2 https://www.epa.gov/environmentaljustice/
learn-about-environmental-justice.
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Fmt 4700
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provided in the Texas Commission on
Environmental Quality’s (TCEQ)
revisions to the Texas SIP submitted on
May 13, 2020, and in Table 1 of our
October 2020 proposal.3 We are
approving the EI because it contains a
comprehensive, accurate, and current
inventory of actual emissions for all
relevant sources in accordance with
CAA sections 172(c)(3) and 182(a)(1).
Texas adopted the EIs consistent with
the requirement for reasonable public
notice and opportunity for a public
hearing.
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
3 85
E:\FR\FM\16SER1.SGM
FR 64084.
16SER1
56893
Federal Register / Vol. 87, No. 179 / Friday, September 16, 2022 / Rules and Regulations
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. 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 November 15,
2022. 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
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: September 9, 2022.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 52 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 table titled
‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Texas SIP’’ is amended
by adding the entry ‘‘Revised 2011 Base
Year Emissions Inventory’’ at the end of
the table to read as follows:
■
§ 52.2270
Environmental protection, Air
pollution control, Incorporation by
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI–REGULATORY MEASURES IN THE TEXAS SIP
*
*
Revised 2011 Base Year Emissions Inventory.
*
*
*
*
*
Collin, Dallas, Denton, Ellis,
Johnson, Kaufman, Parker,
Rockwall, Tarrant, and Wise
Counties, TX.
*
[FR Doc. 2022–19957 Filed 9–15–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2021–0553; FRL–9736–02–
R2]
Approval of Air Quality Implementation
Plans; New York; Consumer Products
Environmental Protection
Agency (EPA).
ACTION: Final rule.
khammond on DSKJM1Z7X2PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the New York State Implementation
Plan (SIP) for the purposes of
implementing control of air pollution
SUMMARY:
VerDate Sep<11>2014
17:45 Sep 15, 2022
State
submittal/
effective date
Applicable geographic or
non-attainment area
Name of SIP provision
Jkt 256001
*
3/4/2020
EPA approval date
*
*
9/16/2022, [Insert Federal Register citation].
for volatile organic compounds (VOC).
The SIP revision consists of
amendments to New York’s Codes,
Rules and Regulations (NYCRR) that
implement control measures for
Consumer Products. The intended effect
of this action is to approve control
strategies which will result in VOC
emission reductions that will help attain
and maintain the national ambient air
quality standards (NAAQS) for ozone.
These actions are being taken in
accordance with the requirements of the
Clean Air Act.
DATES: This final rule is effective on
October 17, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2021–0553. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
PO 00000
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Fmt 4700
Sfmt 4700
Comments
*
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 electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Linda Longo, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, New York, New York 10007–
1866, at (212) 637–3565, or by email at
longo.linda@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for this action?
II. What comments were received in response
to the EPA’s proposed action?
III. What action is the EPA taking?
E:\FR\FM\16SER1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 179 (Friday, September 16, 2022)]
[Rules and Regulations]
[Pages 56891-56893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19957]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2020-0161; FRL-10173-01-R6]
Air Plan Approval; Texas; Revised Emissions Inventory for the
Dallas-Fort Worth Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving revisions to the
Texas State Implementation Plan (SIP) applicable to the Dallas-Fort
Worth (DFW) serious ozone nonattainment area for the 2008 ozone
National Ambient Air Quality Standard (NAAQS). Specifically, the EPA is
approving a revised 2011 base year emissions inventory (EI) for the DFW
area.
DATES: This rule is effective on October 17, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2020-0161. All documents in the docket are
listed on
[[Page 56892]]
the https://www.regulations.gov website. 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. Publicly available docket materials are
available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Clovis Steib, EPA Region 6 Office,
Infrastructure & Ozone Section, 214-665-7566, [email protected]. Out
of an abundance of caution for members of the public and our staff, the
EPA Region 6 office may be closed to the public to reduce the risk of
transmitting COVID-19. Please call or email the contact listed above if
you need alternative access to material indexed but not provided in the
docket.
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
October 9, 2020, proposal (85 FR 64084). In that document we proposed
to approve the Reasonable Further Progress (RFP) demonstration and
associated motor vehicle emission budgets, contingency measures should
the area fail to make RFP emissions reductions or attain the 2008 ozone
NAAQS by the applicable attainment date, and a revised 2011 base year
EI for the DFW area. In the October 2020 proposal, we also described
the status of the adequacy determination for the DFW nitrogen oxides
(NOX) and volatile organic compounds (VOC) Motor Vehicle
Emission Budgets (MVEBs) for 2020 in accordance with 40 CFR
93.118(f)(2).
Our October 2020 proposal provided a detailed description of the
revisions and the rationale for the EPA's proposed actions, together
with a discussion of the opportunity to comment. The public comment
period for our October 2020 proposal action closed on November 9, 2020.
We received comments during the public comment period from two sources:
Air Law for All, Ltd. (ALFA), on behalf of the Center for Biological
Diversity and the Sierra Club; and the North Central Texas Council of
Governments (NCTCOG). The comments received from the NCTCOG were
supportive of the October 2020 proposal. The comments received from
ALFA were adverse and addressed all elements in the October 2020
proposal, except the 2011 revised base year EI. The comments received
are available for review in the docket for this rulemaking. The EPA is
only finalizing the proposed approval of revisions that address the
revised 2011 base year EI at this time. The other elements described in
the October 2020 proposal will be addressed in a separate rulemaking.
II. Environmental Justice Considerations
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' \1\ The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.'' \2\ For this final
action, the EPA conducted screening analyses using the EJScreen
(Version 2.0) tool. We conducted the analyses for the purpose of
providing information to the public, not as a basis of our proposed
action. The EJScreen analysis reports are available in the docket for
this rulemaking. The EPA found, based on the EJScreen analyses, that
this final action will not have disproportionately high or adverse
human health or environmental effects on communities with EJ concerns,
as the changes to the EI will result in a more accurate EI for the area
upon which the State and EPA can assess the RFP Plan requirements for
the DFW area.
---------------------------------------------------------------------------
\1\ See https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
\2\ https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
---------------------------------------------------------------------------
III. Final Action
We are approving revisions to the Texas SIP that address the base
year EI requirements for the DFW serious ozone nonattainment area for
the 2008 ozone NAAQS. Specifically, we are approving the revised 2011
base year EI for the DFW area. The EI we are approving is provided in
the Texas Commission on Environmental Quality's (TCEQ) revisions to the
Texas SIP submitted on May 13, 2020, and in Table 1 of our October 2020
proposal.\3\ We are approving the EI because it contains a
comprehensive, accurate, and current inventory of actual emissions for
all relevant sources in accordance with CAA sections 172(c)(3) and
182(a)(1). Texas adopted the EIs consistent with the requirement for
reasonable public notice and opportunity for a public hearing.
---------------------------------------------------------------------------
\3\ 85 FR 64084.
---------------------------------------------------------------------------
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
[[Page 56893]]
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. 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 November 15, 2022. 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, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: September 9, 2022.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 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 table titled ``EPA Approved Nonregulatory
Provisions and Quasi-Regulatory Measures in the Texas SIP'' is amended
by adding the entry ``Revised 2011 Base Year Emissions Inventory'' at
the end of the table to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or State submittal/ EPA approval
Name of SIP provision non-attainment effective date Comments
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Revised 2011 Base Year Collin, Dallas, 3/4/2020 9/16/2022, ...........................
Emissions Inventory. Denton, Ellis, [Insert Federal
Johnson, Register
Kaufman, citation].
Parker,
Rockwall,
Tarrant, and
Wise Counties,
TX.
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* * * * *
[FR Doc. 2022-19957 Filed 9-15-22; 8:45 am]
BILLING CODE 6560-50-P
