[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, 
[email protected].

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]
------------------------------------------------------------------------
                 Year                         NOX              VOC
------------------------------------------------------------------------
2017..................................          148.36            77.18
------------------------------------------------------------------------

    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]
 BILLING CODE 6560-50-P