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 |
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Ron Curry
Environmental Protection Agency
7 December 2016
[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.
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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]
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Year NOX VOC
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2017.................................. 148.36 77.18
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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
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Applicable State
Name of SIP provision geographic or submittal/ EPA approval date Comments
nonattainment area effective date
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* * * * * * *
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.
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[FR Doc. 2016-29274 Filed 12-6-16; 8:45 am]
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