Approval and Promulgation of Implementation Plans; Texas; Clean Air Act Requirements for Vehicle Inspection and Maintenance, Nonattainment New Source Review and Emission Statements |
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Samuel Coleman
Environmental Protection Agency
15 May 2017
[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Rules and Regulations]
[Pages 22291-22294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09474]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2017-0054; FRL-9960-15-Region 6]
Approval and Promulgation of Implementation Plans; Texas; Clean
Air Act Requirements for Vehicle Inspection and Maintenance,
Nonattainment New Source Review and Emission Statements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the 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 describes how CAA requirements for
vehicle inspection and maintenance (I/M), nonattainment new source
review (NNSR) and emission statements are met in the Houston-Galveston-
Brazoria ozone nonattainment area (HGB area) for the 2008 ozone NAAQS.
EPA is also making a ministerial correction to the Code of Federal
Regulations (CFR) to accurately reflect approved SIP revisions that
pertain to Texas I/M provisions.
DATES: This rule is effective on July 14, 2017 without further notice,
unless the EPA receives relevant adverse comment by June 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-
2017-0054, at http://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 http://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
[[Page 22292]]
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: Carl Young, 214-665-6645,
young.carl@epa.gov. To inspect the hard copy materials, please schedule
an appointment with Mr. Young or Mr. Bill Deese at 214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means 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 HGB area was classified as a ``Marginal'' ozone
nonattainment area for the 2008 8-hour ozone NAAQS and initially given
an attainment date of no later than December 31, 2015 (77 FR 30088 and
77 FR 30160, May 21, 2012). The HGB area consists of Brazoria,
Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller
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 ozone Marginal nonattainment
areas, including the HGB area as July 20, 2015 (80 FR 12264, March 6,
2015). The HGB area qualified for a 1-year extension of the attainment
deadline and we revised the attainment deadline to July 20, 2016 (81 FR
26697, May 4, 2016). As the HGB area did not meet the revised
attainment deadline of July 20, 2016, we reclassified the area to
``Moderate'' and set a due date for a revised SIP of January 1, 2017
(81 FR 90207, December 14, 2016).
On December 29, 2016, Texas submitted a SIP revision for the HGB
area. The SIP revision included a description of how CAA requirements
for I/M, NNSR, and Emission Statements from stationary point sources
are met in the HGB area for the 2008 ozone NAAQS, using already-
existing measures previously approved by EPA. A copy of the SIP
revision is available on line at www.regulations.gov, Docket number
EPA-R06-OAR-2017-0054. In the SIP revision submittal, Texas noted that:
(1) The I/M program SIP revision approved by EPA on November 14, 2001
(66 FR 57261) meets the CAA requirements for ozone nonattainment areas
classified as Serious or above; (2) the NNSR program SIP revision was
initially approved by EPA in 1995 (60 FR 49781, September 27, 1995) and
that emissions thresholds and pollutant offset requirements are based
on nonattainment classifications; and (3) the SIP revision pertaining
to emissions inventory requirements approved by EPA on August 26, 1994
(59 FR 44036) meets the CAA requirement for emission statements. The
codification of the Texas SIP approved by EPA can be found at 40 CFR
52.2270(c).
In addition, in a separate (but related) matter, in reviewing the
Texas SIP, we found that our July 25, 2014, final rule approved
revisions to the Texas I/M provisions but our amendments to the CFR
failed to include the explanation that 30 TAC Section 114.50(b)(2) is
not part of the Texas SIP (79 FR 43264). 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. See 66 FR 57261,
57262 (November 14, 2001).
II. The EPA's Evaluation
A. CAA Requirements for I/M in the HGB 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 HGB area
was classified as Severe nonattainment for these revoked ozone NAAQS,
an enhanced I/M program is required in the HGB 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 Severe classification
is one classification higher than the Serious classification and two
classifications 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) as
discussed above. Under these provisions Brazoria, Fort Bend, Galveston,
Harris and Montgomery Counties in the HGB area are included in the I/M
program. Chambers, Liberty and Waller Counties are not included in the
I/M program for the HGB area. 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. Chambers, Liberty and Waller Counties
are not required to be in the I/M program as they are not included in
the urbanized area. See 70 FR 58119, 58132 (October 5, 2005) and 71 FR
52670 (September 6, 2006). Therefore, since the provisions in the Texas
SIP already include the CAA I/M requirements for the HGB area, we are
approving this portion of the SIP revision.
B. CAA Requirements for NNSR in the HGB Area
The applicable NNSR requirements for the various ozone
nonattainment classifications are described in CAA section 182 and
further defined in 40 CFR 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)).
[[Page 22293]]
The Texas SIP already 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 HGB area 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
for ozone nonattainment areas classified as Moderate, we are approving
this portion of the SIP revision.
C. CAA Requirements for Emission Statements
CAA section 182(a)(3)(B) calls for the SIP for all ozone
nonattainment areas to require that the owner or operator of each
stationary source of nitrogen oxides or volatile organic compounds
(ozone precursors) provide the State with an annual statement of
emissions along with a certification that this information is accurate
to the best knowledge of the individual certifying the statement.
The Texas SIP includes 30 TAC Section 101.10 (Emissions Inventory
Requirements). The certification for emission statements is found at 30
TAC Section 101.10(d) (Certifying statement). Therefore, since the
Texas SIP already includes the CAA emission statement requirement, we
are approving this portion of the SIP revision.
III. Final Action
We are approving a revision to the Texas SIP submitted on December
29, 2016, that describes how CAA requirements for vehicle I/M, NNSR and
emission statements for large stationary point sources are met in the
HGB area for the 2008 ozone NAAQS. We are also making a ministerial
correction to the Code of Federal Regulations (CFR) to accurately
reflect that 30 TAC Section 114.50(b)(2) is not part of the Texas SIP.
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 July 14, 2017
without further notice unless we receive relevant adverse comment by
June 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 July 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
April 14, 2017 through the order of succession outlined in Regional
Order R6-1110.1, 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.
[[Page 22294]]
Dated: April 14, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
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2. In Sec. 52.2270:
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a. In paragraph (c) the table titled ``EPA Approved Regulations in the
Texas SIP'' is amended by revising the entry for Section 114.50.
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b. In paragraph (e), the second table titled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by adding an entry at the end for ``Vehicle Inspection
and Maintenance, Nonattainment New Source Review and Emission Statement
Requirements for the 2008 Ozone NAAQS''.
The amendments reads as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
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State approval/
State citation Title/subject submittal EPA approval date Explanation
date
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* * * * * * *
Section 114.50................... Vehicle Emission 2/12/2014 10/7/2016, 81 FR 69679.............. Subsection 114.50(b)(2) is NOT part
Inspection Requirements. of the approved SIP.
* * * * * * *
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* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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State
Name of SIP provision Applicable geographic or submittal/ EPA approval date Comments
nonattainment area effective date
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* * * * * * *
Vehicle Inspection and Houston-Galveston- 12/29/2016 5/15/2017, [Insert Federal Register ....................................
Maintenance, Nonattainment New Brazoria, TX. citation].
Source Review and Emission
Statement Requirements for the
2008 Ozone NAAQS.
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[FR Doc. 2017-09474 Filed 5-12-17; 8:45 am]
BILLING CODE 6560-50-P