Approval and Promulgation of Implementation Plans; Texas; Clean Air Act Requirements for Vehicle Inspection and Maintenance and Nonattainment New Source Review |
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Samuel Coleman
Environmental Protection Agency
14 June 2017
[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]
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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.
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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 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 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
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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
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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
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State
Applicable approval/
Name of SIP provision geographic or non- submittal EPA approval date Comments
attainment area date
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* * * * * * *
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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