80 FR 52630 - Approval and Promulgation of Implementation Plans; Texas; Attainment Demonstration for the Dallas/Fort Worth 1997 8-Hour Ozone Nonattainment Area; Determination of Attainment of the 1997 Ozone Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 169 (September 1, 2015)
Federal Register Volume 80, Issue 169 (September 1, 2015)
| Page Range | 52630-52633 | |
| FR Document | 2015-21539 |
[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)] [Rules and Regulations] [Pages 52630-52633] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21539] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2012-0098; FRL-9931-78-Region 6] Approval and Promulgation of Implementation Plans; Texas; Attainment Demonstration for the Dallas/Fort Worth 1997 8-Hour Ozone Nonattainment Area; Determination of Attainment of the 1997 Ozone Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is disapproving revisions to the Texas State Implementation Plan (SIP) submitted to meet certain requirements under section 182(c) of the Clean Air Act (CAA) for the Dallas/Fort Worth (DFW) nonattainment area under the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS or standard). The revisions address the attainment demonstration submitted on January 17, 2012, by the Texas Commission on Environmental Quality (TCEQ) for the DFW Serious nonattainment area. The EPA has also determined that the DFW nonattainment area is currently attaining the 1997 ozone NAAQS. This determination is based upon complete, quality-assured and certified ambient air monitoring data that show the area has monitored attainment of the 1997 ozone NAAQS for the 2012-2014 monitoring period. Thus, the requirements to submit an attainment demonstration and other planning SIPs related to attainment of the 1997 ozone NAAQS, and the sanctions clock and the EPA's obligation to promulgate an attainment demonstration Federal Implementation Plan (FIP) for the DFW area are suspended for so long as the area continues to attain the 1997 ozone NAAQS. DATES: This final rule is effective on October 1, 2015. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2012-0098. 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. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202- 2733. FOR FURTHER INFORMATION CONTACT: Carrie Paige, (214) 665-6521, [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 April 28, 2015 Proposal (80 FR 23487). In that notice, we proposed to disapprove the TCEQ's 8-hour ozone attainment demonstration for the DFW Serious nonattainment area because the area failed to attain the 1997 ozone NAAQS by the June 15, 2013 attainment date.\1\ Our analysis and findings are discussed in the proposed rulemaking. We also proposed to determine that the DFW ozone nonattainment area is currently in attainment of the 1997 ozone standard based on the most recent 3 years of quality-assured air quality data. Certified ambient air monitoring data show that the area has monitored attainment of the 1997 ozone NAAQS for the 2012-2014 monitoring period and continues to monitor attainment of the NAAQS based on preliminary 2015 data. --------------------------------------------------------------------------- \1\ The DFW Serious ozone nonattainment area under the 1997 ozone standard is comprised of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant counties. --------------------------------------------------------------------------- Our Proposal and the technical support document (TSD) that accompanied the proposed rule provide our rationale for this rulemaking. Please see the docket for these and other documents regarding our Proposal. The public comment period for our Proposal closed on May 28, 2015. II. Response to Comments We received one comment letter dated May 28, 2015, from the TCEQ (the Commenter) regarding our Proposal. A summary of the comments and our responses follow. Comment: The Commenter agrees with our Proposal to determine that the DFW ozone nonattainment area is [[Page 52631]] currently in attainment of the 1997 ozone standard based on the most recent 3 years of quality-assured air quality data. Response: We concur with the Commenter. Comment: The Commenter does not support our Proposal to disapprove the DFW Serious area attainment demonstration under the 1997 ozone standard, given that the EPA's final rule to implement SIP requirements under the 2008 ozone standard (the SIP requirements rule or SRR),\2\ among other things, revoked the 1997 ozone standard and relieved the EPA of its obligation to issue a finding of failure to attain by the attainment date or reclassification (i.e., ``bump up'') for such standard. The Commenter also states that the disapproval is unnecessary and may result in future obligations for the revoked standard and expenditure of limited state and federal resources for no true air quality benefit. --------------------------------------------------------------------------- \2\ See 80 FR 12264, March 6, 2015. --------------------------------------------------------------------------- Response: The Commenter is correct that, as of April 6, 2015, the 1997 ozone standard is revoked, the EPA is no longer obligated to determine pursuant to CAA section 181(b)(2) or section 179(c) whether an area attained the 1997 ozone NAAQS by that area's attainment date for that NAAQS, and the EPA is also no longer obligated to reclassify an area to a higher classification for the 1997 ozone NAAQS based upon a determination that the area failed to attain the 1997 ozone NAAQS by the area's attainment date for that NAAQS.\3\ However, this rulemaking addresses the EPA's obligation to act on the attainment demonstration SIP submittal. Pursuant to section 110(k)(2) of the CAA, we have a mandatory duty to act on each SIP submittal before us and therefore, it is necessary for us to take action on the DFW submittal.\4\ Regardless of our revocation of the 1997 ozone standard, because we had yet to act on the attainment demonstration submittal and the DFW area did not attain the 1997 ozone standard by its June 15, 2013 attainment date, EPA is required to disapprove the State's attainment demonstration. --------------------------------------------------------------------------- \3\ See 80 FR 12264, at 12297; 40 CFR 51.1105(d)(2). On February 17, 2015, we proposed to determine that the DFW area did not attain the 1997 ozone standard by the attainment date and to reclassify the area to Severe (see 80 FR 8274). The SRR was published and effective shortly thereafter and we have not finalized the proposal to reclassify the DFW area to Severe. \4\ On October 17, 2014, the Sierra Club filed a lawsuit to compel the EPA to comply with the CAA's mandatory duty to act on this SIP submittal. Sierra Club v. McCarthy, Case No. 14-CV-00833- ESH (DC). The parties entered a consent decree on January 23, 2015, that requires EPA to finalize action on this submittal by August 31, 2015. --------------------------------------------------------------------------- With regard to the Commenter's remark about future obligations that may be brought on by this final disapproval, on February 27, 2015, the TCEQ requested that we make a Clean Data Determination (CDD) for the DFW area with regard to the 1997 ozone standard and we are finalizing the CDD proposed on April 28, 2015 in this rulemaking.\5\ Finalizing the CDD suspends the requirements for the TCEQ to submit an attainment demonstration and other SIPs related to attainment of the 1997 ozone NAAQS in the DFW area for so long as the area is attaining the standard (40 CFR 51.1118), and the 18-month sanctions clock associated with EPA's disapproval as well as the EPA's obligation to promulgate an attainment demonstration FIP within two years of disapproval are also tolled for so long as this CDD remains in place. Thus, as long as the area is able to maintain air quality meeting the 1997 ozone standard, no obligations will accrue from this disapproval. In addition, the State is currently working to develop the DFW attainment demonstration for the more stringent 2008 ozone standard, and in doing so, the TCEQ necessarily must also demonstrate attainment of the 1997 ozone standard. The State may also submit a redesignation substitute request and upon final approval by the EPA, the clocks to impose sanctions and a FIP suspended by this CDD action would lift permanently.\6\ However, in the event that the DFW area falls out of attainment of the 1997 ozone standard prior to obtaining EPA approval of a redesignation substitute, even though the EPA has revoked that standard, the CAA requires EPA to continue to ensure that the State's plan meets the requirements of that standard for purposes of anti-backsliding, including the obligations associated with a disapproved attainment demonstration. CAA 110(l); see also, South Coast Air Quality Mgmt. Dist. v. EPA, 472 F.3d 882, 900 (D.C. Cir. 2006); 78 FR 34178, 34211- 34225; 80 FR 12264, 12300. Further, the EPA does not agree that efforts to address the 1997 standard would expend resources for no air quality benefit; should air quality in the DFW area worsen to levels above the 1997 ozone standard prior to approval of a redesignation substitute, the subsequent obligations and actions required by the statute to reduce ozone levels in the DFW area would be beneficial to achieving both the 1997 and 2008 ozone standards. --------------------------------------------------------------------------- \5\ The State's request is in the docket for this rulemaking. \6\ In the SRR, among other things, we revoked the 1997 ozone standard and finalized a redesignation substitute procedure for a revoked standard. See 80 FR 12264 and 40 CFR 51.1105(b). Under this redesignation substitute procedure, the state must demonstrate that the area has attained that revoked NAAQS due to permanent and enforceable emission reductions and that the area will maintain that revoked NAAQS for 10 years from the date of the EPA's approval of this showing. --------------------------------------------------------------------------- III. What is the effect of this action? A disapproval of an attainment plan as being promulgated here would normally start a FIP and sanctions clock. However, in accordance with our Clean Data Policy as codified in 40 CFR 51.1118, a determination of attainment suspends the requirements for the TCEQ to submit an attainment demonstration and other SIPs related to attaining the 1997 ozone NAAQS in the DFW area for so long as the area continues to attain the standard. In addition, the sanctions clock and the EPA's obligation to promulgate an attainment demonstration FIP are tolled for so long as this CDD remains in place. However, should the area violate the 1997 ozone standard after the CDD is finalized, the EPA would rescind the CDD and the sanctions and FIP clocks would resume. Because the revocation of the 1997 ozone standard in the SRR also revoked EPA's obligation to determine whether an area attained the 1997 ozone NAAQS by that area's attainment date and to reclassify an area to a higher classification for the 1997 ozone NAAQS based upon a determination that the area failed to attain that NAAQS by the area's attainment date,\7\ we do not intend to finalize our proposed finding of failure to attain and reclassification at 80 FR 8274. --------------------------------------------------------------------------- \7\ 80 FR 12264, at 12297; 40 CFR 51.1105(d)(2). --------------------------------------------------------------------------- IV. Final Action The EPA is disapproving certain elements of the attainment demonstration SIP submitted by the TCEQ for the DFW Serious ozone nonattainment area under the 1997 ozone NAAQS. Specifically, we are disapproving the attainment demonstration, the demonstration for reasonably available control measures, and the attainment demonstration motor vehicle emission budgets for 2012. The EPA is disapproving these SIP revisions because the area failed to attain the standard by its June 15, 2013 attainment date, and thus we have determined that the plan was insufficient to demonstrate attainment by the attainment date. We also find that the DFW ozone nonattainment area has attained the 1997 ozone standard and continues to attain the standard. Thus, the requirements for submitting the [[Page 52632]] attainment demonstration and other SIPs related to attainment of the 1997 ozone NAAQS are suspended for so long as the area is attaining the standard, and the sanctions and obligations accruing from EPA's disapproval of the attainment demonstration are also suspended during that period. V. 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 act on state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This final action is not a ``significant regulatory action'' under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011). B. Paperwork Reduction Act This final action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., because this final SIP action under section 110 and subchapter I, part D of the CAA will not in-and-of itself create any new information collection burdens but simply disapproves certain State requirements for inclusion into the SIP. Burden is defined at 5 CFR 1320.3(b). C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions. For purposes of assessing the impacts of this rule on small entities, small entity is defined as: (1) A small business as defined by the Small Business Administration's (SBA) regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of this final rule on small entities, I certify that this action will not have a significant impact on a substantial number of small entities. This rule does not impose any requirements or create impacts on small entities. This final SIP action under section 110 and subchapter I, part D of the CAA will not in-and-of itself create any new requirements but simply disapproves certain State requirements for inclusion into the SIP. Accordingly, it affords no opportunity for EPA to fashion for small entities less burdensome compliance or reporting requirements or timetables or exemptions from all or part of the rule. The fact that the CAA prescribes that various consequences (e.g., higher offset requirements) may or will flow from this disapproval does not mean that the EPA either can or must conduct a regulatory flexibility analysis for this action. Therefore, this action will not have a significant economic impact on a substantial number of small entities. D. Unfunded Mandates Reform Act This action contains no Federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538 for State, local, or tribal governments or the private sector. The EPA has determined that the disapproval action does not include a Federal mandate that may result in estimated costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. This action disapproves pre- existing requirements under State or local law, and imposes no new requirements. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action. E. Executive Order 13132, Federalism Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999), requires the EPA to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' ``Policies that have federalism implications'' is defined in the Executive Order to include regulations that have ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' This final action does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, because it merely disapproves certain State requirements for inclusion into the SIP and does not alter the relationship or the distribution of power and responsibilities established in the CAA. Thus, Executive Order 13132 does not apply to this action. F. Executive Order 13175, Coordination With Indian Tribal Governments The SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, this final action 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). G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation. This proposed action is not subject to Executive Order 13045 because it because it is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997). This SIP action under section 110 and subchapter I, part D of the CAA will not in-and-of itself create any new regulations but simply disapproves certain State requirements from inclusion into the SIP. H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution or Use This final action is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement [[Page 52633]] Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 272 note) directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs the EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. The EPA believes that this final action is not subject to requirements of Section 12(d) of NTTAA because application of those requirements would be inconsistent with the CAA. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. The EPA lacks the discretionary authority to address environmental justice in this proposed action. In reviewing SIP submissions, the EPA's role is to approve or disapprove state choices, based on the criteria of the CAA. Accordingly, this action merely disapproves certain State requirements from inclusion into the SIP under section 110 and subchapter I, part D of the CAA and will not in-and-of itself create any new requirements. Accordingly, it does not provide the 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. 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 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 November 2, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposed 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: August 21, 2015. 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. Section 52.2273 is amended by adding paragraph (i) to read as follows: Sec. 52.2273 Approval status. * * * * * (i) The attainment demonstration for the Dallas/Fort Worth Serious ozone nonattainment area under the 1997 ozone standard submitted January 17, 2012 is disapproved. The disapproval applies to the attainment demonstration, the determination for reasonably available control measures, and the attainment demonstration motor vehicle emission budgets for 2012. 0 3. Section 52.2275 is amended by adding paragraph (i) to read as follows: Sec. 52.2275 Control strategy and regulations: Ozone. * * * * * (i) Determination of attainment. Effective October 1, 2015 the EPA has determined that the Dallas/Fort Worth 8-hour ozone nonattainment area has attained the 1997 ozone standard. Under the provisions of the EPA's Clean Data Policy, this determination suspends the requirements for this area to submit an attainment demonstration and other State Implementation Plans related to attainment of the 1997 ozone NAAQS for so long as the area continues to attain the 1997 ozone NAAQS. [FR Doc. 2015-21539 Filed 8-31-15; 8:45 am] BILLING CODE 6560-50-P
![52630 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
State sub-
Name of nonregulatory SIP Applicable geographic or non- mittal date/ EPA Approval date Explanation
provision attainment area Effective
date
* * * * * * *
Offset measures associated Banks, Barrow, Bartow, Butts, May 4, 2014 September 1, 2015 [Insert Includes the contingency off-
with the repeal of Georgia Carroll, Chattooga, Cher- Federal Register citation]. set measure in the event
Rules 391–3–1–.02(2)(aaa) okee, Clarke, Clayton, that the locomotive conver-
and 391–3–1–.02(2)(bbb) Cobb, Coweta, Dawson, sion program cannot be
and the revision to Georgia DeKalb, Douglas, Fayette, fully completed.
Rule 391–3–1–.02(2)(mmm). Floyd, Forsyth, Fulton, Gor-
don, Gwinnett, Hall,
Haralson, Heard, Henry,
Jackson, Jasper, Jones,
Lamar, Lumpkin, Madison,
Meriwether, Monroe, Mor-
gan, Newton, Oconee,
Paulding, Pickens, Pike,
Polk, Putnam, Rockdale,
Spalding, Troup, Walton
and Upson.
[FR Doc. 2015–21536 Filed 8–31–15; 8:45 am] for the 2012–2014 monitoring period. Proposal (80 FR 23487). In that notice,
BILLING CODE 6560–50–P Thus, the requirements to submit an we proposed to disapprove the TCEQ’s
attainment demonstration and other 8-hour ozone attainment demonstration
planning SIPs related to attainment of for the DFW Serious nonattainment area
ENVIRONMENTAL PROTECTION the 1997 ozone NAAQS, and the because the area failed to attain the 1997
AGENCY sanctions clock and the EPA’s obligation ozone NAAQS by the June 15, 2013
to promulgate an attainment attainment date.1 Our analysis and
40 CFR Part 52 demonstration Federal Implementation findings are discussed in the proposed
[EPA–R06–OAR–2012–0098; FRL–9931–78– Plan (FIP) for the DFW area are rulemaking. We also proposed to
Region 6] suspended for so long as the area determine that the DFW ozone
continues to attain the 1997 ozone nonattainment area is currently in
Approval and Promulgation of NAAQS. attainment of the 1997 ozone standard
Implementation Plans; Texas; DATES: This final rule is effective on based on the most recent 3 years of
Attainment Demonstration for the October 1, 2015. quality-assured air quality data.
Dallas/Fort Worth 1997 8-Hour Ozone Certified ambient air monitoring data
ADDRESSES: The EPA has established a
Nonattainment Area; Determination of show that the area has monitored
docket for this action under Docket ID
Attainment of the 1997 Ozone Standard attainment of the 1997 ozone NAAQS
No. EPA–R06–OAR–2012–0098. All
documents in the docket are listed on for the 2012–2014 monitoring period
AGENCY: Environmental Protection and continues to monitor attainment of
Agency (EPA). the http://www.regulations.gov Web
site. Although listed in the index, some the NAAQS based on preliminary 2015
ACTION: Final rule. data.
information is not publicly available,
e.g., Confidential Business Information Our Proposal and the technical
SUMMARY: The Environmental Protection
or other information whose disclosure is support document (TSD) that
Agency (EPA) is disapproving revisions
restricted by statute. Certain other accompanied the proposed rule provide
to the Texas State Implementation Plan
material, such as copyrighted material, our rationale for this rulemaking. Please
(SIP) submitted to meet certain
is not placed on the Internet and will be see the docket for these and other
requirements under section 182(c) of the
publicly available only in hard copy. documents regarding our Proposal. The
Clean Air Act (CAA) for the Dallas/Fort
Publicly available docket materials are public comment period for our Proposal
Worth (DFW) nonattainment area under
available either electronically through closed on May 28, 2015.
the 1997 8-hour ozone National
Ambient Air Quality Standard (NAAQS http://www.regulations.gov or in hard II. Response to Comments
or standard). The revisions address the copy at EPA Region 6, 1445 Ross
We received one comment letter dated
attainment demonstration submitted on Avenue, Suite 700, Dallas, Texas 75202–
May 28, 2015, from the TCEQ (the
January 17, 2012, by the Texas 2733.
Commenter) regarding our Proposal. A
Commission on Environmental Quality FOR FURTHER INFORMATION CONTACT:
summary of the comments and our
(TCEQ) for the DFW Serious Carrie Paige, (214) 665–6521, responses follow.
nonattainment area. The EPA has also paige.carrie@epa.gov. Comment: The Commenter agrees
mstockstill on DSK4VPTVN1PROD with RULES
determined that the DFW nonattainment SUPPLEMENTARY INFORMATION: with our Proposal to determine that the
area is currently attaining the 1997 Throughout this document, ‘‘we,’’ ‘‘us,’’ DFW ozone nonattainment area is
ozone NAAQS. This determination is and ‘‘our’’ means the EPA.
based upon complete, quality-assured
and certified ambient air monitoring I. Background 1 The DFW Serious ozone nonattainment area
under the 1997 ozone standard is comprised of
data that show the area has monitored The background for this action is Collin, Dallas, Denton, Ellis, Johnson, Kaufman,
attainment of the 1997 ozone NAAQS discussed in detail in our April 28, 2015 Parker, Rockwall and Tarrant counties.
VerDate Sep<11>2014 19:50 Aug 31, 2015 Jkt 235001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1](https://thefederalregister.org/doc/80_FR_52799/page/1.svg)
![Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations 52633
Act of 1995 (‘‘NTTAA’’), Public Law of the United States. The EPA will § 52.2275 Control strategy and
104–113, section 12(d) (15 U.S.C. 272 submit a report containing this action regulations: Ozone.
note) directs the EPA to use voluntary and other required information to the * * * * *
consensus standards in its regulatory U.S. Senate, the U.S. House of (i) Determination of attainment.
activities unless to do so would be Representatives, and the Comptroller Effective October 1, 2015 the EPA has
inconsistent with applicable law or General of the United States prior to determined that the Dallas/Fort Worth
otherwise impractical. Voluntary publication of the rule in the Federal 8-hour ozone nonattainment area has
consensus standards are technical Register. A major rule cannot take effect attained the 1997 ozone standard. Under
standards (e.g., materials specifications, until 60 days after it is published in the the provisions of the EPA’s Clean Data
test methods, sampling procedures, and Federal Register. This action is not a Policy, this determination suspends the
business practices) that are developed or ‘‘major rule’’ as defined by 5 U.S.C. requirements for this area to submit an
adopted by voluntary consensus 804(2). attainment demonstration and other
standards bodies. NTTAA directs the Under section 307(b)(1) of the CAA, State Implementation Plans related to
EPA to provide Congress, through OMB, petitions for judicial review of this attainment of the 1997 ozone NAAQS
explanations when the Agency decides action must be filed in the United States for so long as the area continues to
not to use available and applicable Court of Appeals for the appropriate attain the 1997 ozone NAAQS.
voluntary consensus standards. circuit by November 2, 2015. Filing a [FR Doc. 2015–21539 Filed 8–31–15; 8:45 am]
The EPA believes that this final action petition for reconsideration by the BILLING CODE 6560–50–P
is not subject to requirements of Section Administrator of this final rule does not
12(d) of NTTAA because application of affect the finality of this action for the
those requirements would be purposed of judicial review nor does it DEPARTMENT OF HOMELAND
inconsistent with the CAA. extend the time within which a petition SECURITY
J. Executive Order 12898: Federal for judicial review may be filed, and
Actions To Address Environmental shall not postpone the effectiveness of Federal Emergency Management
Justice in Minority Populations and such rule or action. This action may not Agency
Low-Income Populations be challenged later in proceedings to
enforce its requirements. (See section 44 CFR Part 64
Executive Order 12898 (59 FR 7629,
307(b)(2).)
February 16, 1994) establishes federal [Docket ID FEMA–2015–0001; Internal
executive policy on environmental List of Subjects in 40 CFR Part 52 Agency Docket No. FEMA–8397]
justice. Its main provision directs Environmental protection, Air
federal agencies, to the greatest extent Suspension of Community Eligibility
pollution control, Incorporation by
practicable and permitted by law, to reference, Intergovernmental relations, AGENCY: Federal Emergency
make environmental justice part of their Ozone, Reporting and recordkeeping Management Agency, DHS.
mission by identifying and addressing, requirements, Volatile organic
as appropriate, disproportionately high ACTION: Final rule.
compounds.
and adverse human health or SUMMARY: This rule identifies
environmental effects of their programs, Dated: August 21, 2015.
Ron Curry,
communities where the sale of flood
policies, and activities on minority insurance has been authorized under
populations and low-income Regional Administrator, Region 6.
the National Flood Insurance Program
populations in the United States. (NFIP) that are scheduled for
40 CFR part 52 is amended as follows:
The EPA lacks the discretionary
suspension on the effective dates listed
authority to address environmental PART 52—APPROVAL AND within this rule because of
justice in this proposed action. In PROMULGATION OF noncompliance with the floodplain
reviewing SIP submissions, the EPA’s IMPLEMENTATION PLANS management requirements of the
role is to approve or disapprove state
program. If the Federal Emergency
choices, based on the criteria of the ■ 1. The authority citation for part 52 Management Agency (FEMA) receives
CAA. Accordingly, this action merely continues to read as follows: documentation that the community has
disapproves certain State requirements Authority: 42 U.S.C. 7401 et seq. adopted the required floodplain
from inclusion into the SIP under
management measures prior to the
section 110 and subchapter I, part D of Subpart SS—Texas effective suspension date given in this
the CAA and will not in-and-of itself
rule, the suspension will not occur and
create any new requirements. ■ 2. Section 52.2273 is amended by
a notice of this will be provided by
Accordingly, it does not provide the adding paragraph (i) to read as follows:
publication in the Federal Register on a
EPA with the discretionary authority to
§ 52.2273 Approval status. subsequent date. Also, information
address, as appropriate,
* * * * * identifying the current participation
disproportionate human health or
(i) The attainment demonstration for status of a community can be obtained
environmental effects, using practicable
the Dallas/Fort Worth Serious ozone from FEMA’s Community Status Book
and legally permissible methods, under
nonattainment area under the 1997 (CSB). The CSB is available at http://
Executive Order 12898.
The Congressional Review Act, 5 ozone standard submitted January 17, www.fema.gov/fema/csb.shtm.
U.S.C. 801 et seq., as added by the Small 2012 is disapproved. The disapproval DATES: The effective date of each
mstockstill on DSK4VPTVN1PROD with RULES
Business Regulatory Enforcement applies to the attainment demonstration, community’s scheduled suspension is
Fairness Act of 1996, generally provides the determination for reasonably the third date (‘‘Susp.’’) listed in the
that before a rule may take effect, the available control measures, and the third column of the following tables.
agency promulgating the rule must attainment demonstration motor vehicle FOR FURTHER INFORMATION CONTACT: If
submit a rule report, which includes a emission budgets for 2012. you want to determine whether a
copy of the rule, to each House of the ■ 3. Section 52.2275 is amended by particular community was suspended
Congress and to the Comptroller General adding paragraph (i) to read as follows: on the suspension date or for further
VerDate Sep<11>2014 19:50 Aug 31, 2015 Jkt 235001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1](https://thefederalregister.org/doc/80_FR_52799/page/4.svg)
Document Created: 2018-02-26 10:04:40
Document Modified: 2018-02-26 10:04:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on October 1, 2015. | |
| Contact | Carrie Paige, (214) 665-6521, [email protected] | |
| FR Citation | 80 FR 52630 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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