[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]


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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.

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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.
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    \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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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.
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    \3\ 85 FR 64084.
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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
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                                   Applicable
                                  geographic or   State submittal/   EPA approval
     Name of SIP provision       non-attainment       effective          date                  Comments
                                      area              date
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                                                  * * * * * * *
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]
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