80_FR_9238 80 FR 9204 - Approval and Promulgation of Implementation Plans; Texas; Emissions Inventories for the Dallas-Fort Worth and Houston-Galveston-Brazoria Ozone Nonattainment Areas

80 FR 9204 - Approval and Promulgation of Implementation Plans; Texas; Emissions Inventories for the Dallas-Fort Worth and Houston-Galveston-Brazoria Ozone Nonattainment Areas

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 34 (February 20, 2015)

Page Range9204-9207
FR Document2015-03449

The Environmental Protection Agency (EPA) is approving revisions to the Texas State Implementation Plan (SIP) submitted to meet Emissions Inventory (EI) requirements of the Clean Air Act (CAA) for the Dallas-Fort Worth (DFW) and the Houston-Galveston-Brazoria (HGB) nonattainment areas. EPA is approving the SIP revisions because they satisfy the CAA EI requirements for the DFW and HGB nonattainment areas under the 2008 eight-hour ozone National Ambient Air Quality Standards (NAAQS). EPA is approving the revisions pursuant to section 110 and part D of the CAA and EPA's regulations.

Federal Register, Volume 80 Issue 34 (Friday, February 20, 2015)
[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Rules and Regulations]
[Pages 9204-9207]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03449]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0554; FRL-9923-19-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Emissions Inventories for the Dallas-Fort Worth and Houston-Galveston-
Brazoria Ozone Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Texas State Implementation Plan (SIP) submitted to 
meet Emissions Inventory (EI) requirements of the Clean Air Act (CAA) 
for the Dallas-Fort Worth (DFW) and the Houston-Galveston-Brazoria 
(HGB) nonattainment areas. EPA is approving the SIP revisions because 
they satisfy the CAA EI requirements for the DFW and HGB nonattainment 
areas under the 2008 eight-hour ozone National Ambient Air Quality 
Standards (NAAQS). EPA is approving the revisions pursuant to section 
110 and part D of the CAA and EPA's regulations.

DATES: This direct final rule will be effective April 21, 2015 without 
further notice, unless EPA receives adverse comment by March 23, 2015. 
If EPA receives adverse comment, we will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2014-0554, by one of the following methods:
     www.regulations.gov. Follow the online instructions.
     Email: Ms. Nevine Salem at [email protected].
     Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2014-
0554. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    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: Ms. Nevine Salem, (214) 665-7222,

[[Page 9205]]

[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Salem or Mr. Bill Deese at 214-665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. EPA's Evaluation
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

A. The 2008 Ozone National Ambient Air Quality Standards (NAAQS) and 
Emissions Inventory Requirements

    On March 12, 2008 EPA revised the eight-hour ozone NAAQS from 0.08 
parts per million (ppm) to 0.075 ppm. (73 FR 16436, March 27, 2008). On 
July 12, 2012 EPA designated nonattainment areas for the 2008 ozone 
NAAQS (2008 ozone nonattainment areas) (77 FR 30088, May 21, 2012). The 
DFW and HGB areas were designated as nonattainment areas for the 2008 
ozone NAAQS. Id. The DFW area consists of Collin, Dallas, Denton, 
Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant and Wise counties. 
The HGB area consists of Brazoria, Chambers, Fort Bend, Galveston, 
Harris, Liberty, Montgomery and Waller counties.
    CAA sections 172(c)(3) and 182(a)(1) require states to develop and 
submit as a SIP revision an emissions inventory for all areas 
designated as nonattainment for the ozone NAAQS. 42 U.S.C. 172(c) and 
182(a). An emissions inventory is an estimation of actual emissions of 
air pollutants in an area. Ground-level ozone, O3, is a gas 
that is formed by the reaction of volatile organic compounds (VOCs) and 
oxides of nitrogen (NOX) in the atmosphere in the presence 
of sunlight. These precursor emissions are emitted by many types of 
pollution sources, including power plants and industrial emissions 
sources, on-road and off-road motor vehicles and engines, and smaller 
sources, collectively referred to as area sources. The EIs provide data 
for a variety of air quality planning tasks including establishing 
baseline emission levels, calculating federally required emission 
reduction targets, emission inputs into air quality simulation models, 
and tracking emissions over time. The total EI of VOC and 
NOX for an area are summarized from the estimates developed 
for five general categories of emissions sources: Point, area, on-road 
mobile, non-road mobile, and biogenic. EPA's proposed 2008 ozone 
standard SIP requirements rule suggested that states use 2011 as a base 
year to address EI requirements (78 FR 34178, 34190, June 6, 2013).

B. SIP Revision Submitted on July 16, 2014

    Texas adopted a SIP revision addressing the emissions inventory 
requirements for the DFW and HGB areas on July 2, 2014 and submitted it 
to EPA on July 16, 2014. Tables 1 and 2 are the DFW and HGB emissions 
inventories in the SIP revision.

                  Table 1--DFW 2011 Emissions Inventory
                          [tons per day or tpd]
------------------------------------------------------------------------
                  Source type                       NOX          VOC
------------------------------------------------------------------------
Point.........................................        39.95        29.80
Area..........................................        42.64       292.49
On-road Mobile................................       238.87        98.36
Non-road Mobile...............................       120.61        55.00
                                               -------------------------
    Total.....................................       442.08       475.65
------------------------------------------------------------------------


                  Table 2--HGB 2011 Emissions Inventory
                                  [tpd]
------------------------------------------------------------------------
                  Source type                       NOX          VOC
------------------------------------------------------------------------
Point.........................................       108.44        94.83
Area..........................................        21.14       308.73
On-road Mobile................................       196.21        82.62
Non-road Mobile...............................       121.11        49.93
                                               -------------------------
    Total.....................................       446.90       536.12
------------------------------------------------------------------------

C. CAA Requirements for the SIP Revision

    The primary CAA requirements pertaining to the SIP revision 
submitted by Texas are found in CAA sections 110(l), 172(c)(3) and 
182(a)(1). 42 U.S.C. 110(l), 172(c)(3), and 182(a). CAA section 110(l) 
requires that a SIP revision submitted to EPA be adopted after 
reasonable notice and public hearing. Section 110(l) also requires that 
EPA not approve a SIP revision if the revision would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the CAA. CAA sections 
172(c)(3) and 182(a) requires a SIP revision that contains a 
comprehensive, accurate, current inventory of actual emissions from all 
sources.

II. EPA's Evaluation

    EPA has reviewed the revision for the consistency with the 
requirements of EPA regulations. A summary of EPA's analysis is 
provided below. For a full discussion of our evaluation, please see our 
Technical Support Document (TSD).
    CAA sections 172 (c)(3) and 182(a)(1) require a current inventory 
of actual emissions from all sources of relevant pollutants in the 
nonattainment areas. EPA Air Emissions Reporting regulations call for 
states to provide an emissions inventory from all sources every 3 years 
and required a complete inventory for 2011 (40 CFR 51.30). 
Additionally, in proposed rulemaking for the 2008 ozone standard we 
proposed that the states use 2011 as the base year for EI for the 
reasonable further progress emissions reduction SIP requirement (June 
6, 2013, 78 FR 34178,

[[Page 9206]]

34190). Texas has developed a 2011 base year emissions inventory for 
the DFW and HGB nonattainment areas. The 2011 base year emissions 
includes all point, area, non-road mobile, and on-road mobile source 
emissions. EPA is approving the emission inventory for DFW and HGB 
because it contains a comprehensive, accurate, current inventory of 
actual emissions from all sources in accordance with CAA sections 
172(c)(3) and 182(a). Additionally we find that (1) Texas adopted the 
EI for DFW and HGB after reasonable notice and public hearing and (2) 
approval would not interfere with any applicable requirement concerning 
attainment and reasonable further progress or any other applicable 
requirement of the CAA in accordance with CAA Section 110(1). A 
technical support document (TSD) was prepared which details our 
evaluation. Our TSD may be accessed online at www.regulations.gov, 
Docket No. EPA-R06-OAR-2014-0554.

III. Final Action

    We are approving a Texas SIP revision submitted to address the 
emissions inventory requirements for the DFW and HGB 2008 ozone 
nonattainment areas. The inventories we are approving are listed in 
Tables 1 and 2 above.
    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 April 21, 2015 
without further notice unless we receive relevant adverse comment by 
March 23, 2015. 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, 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 as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    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 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 April 21, 2015. 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).)

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: February 9, 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. 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 an entry at the end for ``2011 Emissions 
Inventory for the 2008 Ozone NAAQS.''
    The addition reads as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (e) * * *

[[Page 9207]]



              EPA Approved Non-regulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                               Applicable geographic
    Name of SIP provision        or  nonattainment     State submittal/    EPA approval date        Comments
                                        area            effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2011 Emissions Inventory for   Dallas-Fort Worth and          7/16/2014  2/20/2015 [Insert
 the 2008 Ozone NAAQS.          Houston-Galveston-                        Federal Register
                                Brazoria Ozone                            citation].
                                Nonattainment Areas.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-03449 Filed 2-19-15; 8:45 am]
BILLING CODE 6560-50-P



                                             9204              Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations

                                             the Federal Register. A major rule                      1,1,2,2-tetrafluoroethane                             informing the public that the rule will
                                             cannot take effect until 60 days after it               (CHF2OCF2OCF2CF2OCHF2 or HFE–43–                      not take effect.
                                             is published in the Federal Register.                   10pccc), 1,2-bis(difluoromethoxy)-                    ADDRESSES: Submit your comments,
                                             This action is not a ‘‘major rule’’ as                  1,1,2,2-tetrafluoroethane                             identified by Docket No. EPA–R06–
                                             defined by 5 U.S.C. 804(2).                             (CHF2OCF2CF2OCHF2 or HFE–                             OAR–2014–0554, by one of the
                                                Under section 307(b)(1) of the Clean                 338pcc13), and trans 1-chloro-3,3,3-                  following methods:
                                             Air Act, petitions for judicial review of               trifluoroprop-1-ene (CF3CHCHCl) were                     • www.regulations.gov. Follow the
                                             this action must be filed in the United                 added to the list of negligibly reactive              online instructions.
                                             States Court of Appeals for the                         compounds excluded from the                              • Email: Ms. Nevine Salem at
                                             appropriate circuit by April 21, 2015.                  definition of ‘‘Volatile Organic Material             salem.nevine@epa.gov.
                                             Filing a petition for reconsideration by                (VOM)’’ or ‘‘Volatile Organic Compound                   • Mail or delivery: Mr. Guy
                                             the Administrator of this final rule does               (VOC)’’ at 35 IAC 211.7150(a).                        Donaldson, Chief, Air Planning Section
                                             not affect the finality of this action for                 (i) Incorporation by reference.                    (6PD–L), Environmental Protection
                                             the purposes of judicial review nor does                   Illinois Administrative Code Title 35:             Agency, 1445 Ross Avenue, Suite 1200,
                                             it extend the time within which a                       Environmental Protection; Subtitle B:                 Dallas, Texas 75202–2733.
                                             petition for judicial review may be filed,              Air Pollution; Chapter I: Pollution                      Instructions: Direct your comments to
                                             and shall not postpone the effectiveness                Control Board; Subchapter c: Emission                 Docket No. EPA–R06–OAR–2014–0554.
                                             of such rule or action. Parties with                    Standards and Limitations for                         EPA’s policy is that all comments
                                             objections to this direct final rule are                Stationary Sources; Part 211: Definitions             received will be included in the public
                                             encouraged to file a comment in                         and General Provisions; Subpart B:                    docket without change and may be
                                             response to the parallel notice of                      Definitions; Section 211.7150: Volatile               made available online at
                                             proposed rulemaking for this action                     Organic Material (VOM) or Volatile                    www.regulations.gov, including any
                                             published in the proposed rules section                 Organic Compound (VOC), effective                     personal information provided, unless
                                             of today’s Federal Register, rather than                November 27, 2013.                                    the comment includes information
                                             file an immediate petition for judicial                 [FR Doc. 2015–03450 Filed 2–19–15; 8:45 am]           claimed to be Confidential Business
                                             review of this direct final rule, so that               BILLING CODE 6560–50–P                                Information (CBI) or other information
                                             EPA can withdraw this direct final rule                                                                       whose disclosure is restricted by statute.
                                             and address the comment in the                                                                                Do not submit information that you
                                             proposed rulemaking. This action may                    ENVIRONMENTAL PROTECTION                              consider to be CBI or otherwise
                                             not be challenged later in proceedings to               AGENCY                                                protected through www.regulations.gov
                                             enforce its requirements. (See section                                                                        or email. The www.regulations.gov Web
                                             307(b)(2).)                                             40 CFR Part 52
                                                                                                                                                           site is an ‘‘anonymous access’’ system,
                                             List of Subjects in 40 CFR Part 52                      [EPA–R06–OAR–2014–0554; FRL–9923–19–                  which means EPA will not know your
                                                                                                     Region 6]                                             identity or contact information unless
                                               Environmental protection, Air                                                                               you provide it in the body of your
                                             pollution control, Incorporation by                     Approval and Promulgation of                          comment. If you send an email
                                             reference, Intergovernmental relations,                 Implementation Plans; Texas;                          comment directly to EPA without going
                                             Ozone, Reporting and recordkeeping                      Emissions Inventories for the Dallas-                 through www.regulations.gov your email
                                             requirements, Volatile organic                          Fort Worth and Houston-Galveston-                     address will be automatically captured
                                             compounds.                                              Brazoria Ozone Nonattainment Areas                    and included as part of the comment
                                               Dated: December 30, 2014.                             AGENCY: Environmental Protection                      that is placed in the public docket and
                                             Susan Hedman,                                           Agency (EPA).                                         made available on the Internet. If you
                                             Regional Administrator, Region 5.                       ACTION: Direct final rule.                            submit an electronic comment, EPA
                                                                                                                                                           recommends that you include your
                                                 40 CFR part 52 is amended as follows:
                                                                                                     SUMMARY:   The Environmental Protection               name and other contact information in
                                             PART 52—APPROVAL AND                                    Agency (EPA) is approving revisions to                the body of your comment and with any
                                             PROMULGATION OF                                         the Texas State Implementation Plan                   disk or CD–ROM you submit. If EPA
                                             IMPLEMENTATION PLANS                                    (SIP) submitted to meet Emissions                     cannot read your comment due to
                                                                                                     Inventory (EI) requirements of the Clean              technical difficulties and cannot contact
                                             ■ 1. The authority citation for part 52                 Air Act (CAA) for the Dallas-Fort Worth               you for clarification, EPA may not be
                                             continues to read as follows:                           (DFW) and the Houston-Galveston-                      able to consider your comment.
                                                 Authority: 42 U.S.C. 7401 et seq.                   Brazoria (HGB) nonattainment areas.                   Electronic files should avoid the use of
                                                                                                     EPA is approving the SIP revisions                    special characters, any form of
                                             ■ 2. Section 52.720 is amended by                       because they satisfy the CAA EI                       encryption, and be free of any defects or
                                             adding paragraph (c)(202) to read as                    requirements for the DFW and HGB                      viruses.
                                             follows:                                                nonattainment areas under the 2008                       Docket: The index to the docket for
                                             § 52.720    Identification of plan.                     eight-hour ozone National Ambient Air                 this action is available electronically at
                                             *      *    *    *     *                                Quality Standards (NAAQS). EPA is                     www.regulations.gov and in hard copy
                                                (c) * * *                                            approving the revisions pursuant to                   at EPA Region 6, 1445 Ross Avenue,
                                                (202) On June 10, 2014, Illinois                     section 110 and part D of the CAA and                 Suite 700, Dallas, Texas. While all
                                             submitted revised regulations that are                  EPA’s regulations.                                    documents in the docket are listed in
Rmajette on DSK2VPTVN1PROD with RULES




                                             consistent with 40 CFR 51.100(s)(1). The                DATES: This direct final rule will be                 the index, some information may be
                                             compounds (difluoromethoxy)                             effective April 21, 2015 without further              publicly available only at the hard copy
                                             (difluoro)methane (CHF2OCHF2 or HFE–                    notice, unless EPA receives adverse                   location (e.g., copyrighted material), and
                                             134), bis(difluoromethoxy)                              comment by March 23, 2015. If EPA                     some may not be publicly available at
                                             (difluoro)methane (CHF2OCF2OCHF2 or                     receives adverse comment, we will                     either location (e.g., CBI).
                                             HFE–236cal2), 1-(difluoromethoxy)-2-                    publish a timely withdrawal of the                    FOR FURTHER INFORMATION CONTACT: Ms.
                                             [(difluoromethoxy) ((difluoro)methoxy]-                 direct final rule in the Federal Register             Nevine Salem, (214) 665–7222,


                                        VerDate Sep<11>2014   12:44 Feb 19, 2015   Jkt 235001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\20FER1.SGM   20FER1


                                                                       Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations                                                                                     9205

                                             salem.nevine@epa.gov. To inspect the                                         HGB areas were designated as                                                  sources. The EIs provide data for a
                                             hard copy materials, please schedule an                                      nonattainment areas for the 2008 ozone                                        variety of air quality planning tasks
                                             appointment with Ms. Salem or Mr. Bill                                       NAAQS. Id. The DFW area consists of                                           including establishing baseline emission
                                             Deese at 214–665–7253.                                                       Collin, Dallas, Denton, Ellis, Johnson,                                       levels, calculating federally required
                                                                                                                          Kaufman, Parker, Rockwall, Tarrant and                                        emission reduction targets, emission
                                             SUPPLEMENTARY INFORMATION:
                                                                                                                          Wise counties. The HGB area consists of                                       inputs into air quality simulation
                                             Throughout this document wherever
                                                                                                                          Brazoria, Chambers, Fort Bend,                                                models, and tracking emissions over
                                             ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                                          Galveston, Harris, Liberty, Montgomery                                        time. The total EI of VOC and NOX for
                                             the EPA.
                                                                                                                          and Waller counties.                                                          an area are summarized from the
                                             Table of Contents                                                              CAA sections 172(c)(3) and 182(a)(1)                                        estimates developed for five general
                                                                                                                          require states to develop and submit as                                       categories of emissions sources: Point,
                                             I. Background
                                             II. EPA’s Evaluation
                                                                                                                          a SIP revision an emissions inventory                                         area, on-road mobile, non-road mobile,
                                             III. Final Action                                                            for all areas designated as                                                   and biogenic. EPA’s proposed 2008
                                             IV. Statutory and Executive Order Reviews                                    nonattainment for the ozone NAAQS. 42
                                                                                                                                                                                                        ozone standard SIP requirements rule
                                                                                                                          U.S.C. 172(c) and 182(a). An emissions
                                             I. Background                                                                                                                                              suggested that states use 2011 as a base
                                                                                                                          inventory is an estimation of actual
                                                                                                                                                                                                        year to address EI requirements (78 FR
                                             A. The 2008 Ozone National Ambient                                           emissions of air pollutants in an area.
                                                                                                                          Ground-level ozone, O3, is a gas that is                                      34178, 34190, June 6, 2013).
                                             Air Quality Standards (NAAQS) and
                                             Emissions Inventory Requirements                                             formed by the reaction of volatile                                            B. SIP Revision Submitted on July 16,
                                                                                                                          organic compounds (VOCs) and oxides                                           2014
                                               On March 12, 2008 EPA revised the                                          of nitrogen (NOX) in the atmosphere in
                                             eight-hour ozone NAAQS from 0.08                                             the presence of sunlight. These                                                 Texas adopted a SIP revision
                                             parts per million (ppm) to 0.075 ppm.                                        precursor emissions are emitted by                                            addressing the emissions inventory
                                             (73 FR 16436, March 27, 2008). On July                                       many types of pollution sources,                                              requirements for the DFW and HGB
                                             12, 2012 EPA designated nonattainment                                        including power plants and industrial                                         areas on July 2, 2014 and submitted it
                                             areas for the 2008 ozone NAAQS (2008                                         emissions sources, on-road and off-road                                       to EPA on July 16, 2014. Tables 1 and
                                             ozone nonattainment areas) (77 FR                                            motor vehicles and engines, and smaller                                       2 are the DFW and HGB emissions
                                             30088, May 21, 2012). The DFW and                                            sources, collectively referred to as area                                     inventories in the SIP revision.

                                                                                                                     TABLE 1—DFW 2011 EMISSIONS INVENTORY
                                                                                                                                               [tons per day or tpd]

                                                                                                                              Source type                                                                                              NOX       VOC

                                             Point .................................................................................................................................................................................     39.95     29.80
                                             Area .................................................................................................................................................................................      42.64    292.49
                                             On-road Mobile ................................................................................................................................................................            238.87     98.36
                                             Non-road Mobile ..............................................................................................................................................................             120.61     55.00

                                                    Total ..........................................................................................................................................................................    442.08    475.65


                                                                                                                     TABLE 2—HGB 2011 EMISSIONS INVENTORY
                                                                                                                                                            [tpd]

                                                                                                                              Source type                                                                                              NOX       VOC

                                             Point .................................................................................................................................................................................    108.44     94.83
                                             Area .................................................................................................................................................................................      21.14    308.73
                                             On-road Mobile ................................................................................................................................................................            196.21     82.62
                                             Non-road Mobile ..............................................................................................................................................................             121.11     49.93

                                                    Total ..........................................................................................................................................................................    446.90    536.12



                                             C. CAA Requirements for the SIP                                              progress, or any other applicable                                               CAA sections 172 (c)(3) and 182(a)(1)
                                             Revision                                                                     requirement of the CAA. CAA sections                                          require a current inventory of actual
                                                The primary CAA requirements                                              172(c)(3) and 182(a) requires a SIP                                           emissions from all sources of relevant
                                             pertaining to the SIP revision submitted                                     revision that contains a comprehensive,                                       pollutants in the nonattainment areas.
                                             by Texas are found in CAA sections                                           accurate, current inventory of actual                                         EPA Air Emissions Reporting
                                             110(l), 172(c)(3) and 182(a)(1). 42 U.S.C.                                   emissions from all sources.                                                   regulations call for states to provide an
                                             110(l), 172(c)(3), and 182(a). CAA                                                                                                                         emissions inventory from all sources
                                                                                                                          II. EPA’s Evaluation                                                          every 3 years and required a complete
                                             section 110(l) requires that a SIP
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                                             revision submitted to EPA be adopted                                           EPA has reviewed the revision for the                                       inventory for 2011 (40 CFR 51.30).
                                             after reasonable notice and public                                           consistency with the requirements of                                          Additionally, in proposed rulemaking
                                             hearing. Section 110(l) also requires that                                   EPA regulations. A summary of EPA’s                                           for the 2008 ozone standard we
                                             EPA not approve a SIP revision if the                                        analysis is provided below. For a full                                        proposed that the states use 2011 as the
                                             revision would interfere with any                                            discussion of our evaluation, please see                                      base year for EI for the reasonable
                                             applicable requirement concerning                                            our Technical Support Document (TSD).                                         further progress emissions reduction SIP
                                             attainment and reasonable further                                                                                                                          requirement (June 6, 2013, 78 FR 34178,


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                                             9206              Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations

                                             34190). Texas has developed a 2011                      that complies with the provisions of the              Business Regulatory Enforcement
                                             base year emissions inventory for the                   Act and applicable Federal regulations.               Fairness Act of 1996, generally provides
                                             DFW and HGB nonattainment areas.                        42 U.S.C. 7410(k); 40 CFR 52.02(a).                   that before a rule may take effect, the
                                             The 2011 base year emissions includes                   Thus, in reviewing SIP submissions,                   agency promulgating the rule must
                                             all point, area, non-road mobile, and on-               EPA’s role is to approve state choices,               submit a rule report, which includes a
                                             road mobile source emissions. EPA is                    provided that they meet the criteria of               copy of the rule, to each House of the
                                             approving the emission inventory for                    the CAA. Accordingly, this action                     Congress and to the Comptroller General
                                             DFW and HGB because it contains a                       merely approves state law as meeting                  of the United States. EPA will submit a
                                             comprehensive, accurate, current                        Federal requirements and does not                     report containing this rule and other
                                             inventory of actual emissions from all                  impose additional requirements beyond                 required information to the U.S. Senate,
                                             sources in accordance with CAA                          those imposed by state law. For that                  the U.S. House of Representatives, and
                                             sections 172(c)(3) and 182(a).                          reason, this action:                                  the Comptroller General of the United
                                             Additionally we find that (1) Texas                        • Is not a ‘‘significant regulatory                States prior to publication of the rule in
                                             adopted the EI for DFW and HGB after                    action’’ subject to review by the Office              the Federal Register. A major rule
                                             reasonable notice and public hearing                    of Management and Budget under                        cannot take effect until 60 days after it
                                             and (2) approval would not interfere                    Executive Orders 12866 (58 FR 51735,                  is published in the Federal Register.
                                             with any applicable requirement                         October 4, 1993) and 13563 (76 FR 3821,               This action is not a ‘‘major rule’’ as
                                             concerning attainment and reasonable                    January 21, 2011);                                    defined by 5 U.S.C. 804(2).
                                             further progress or any other applicable                   • Does not impose an information                      Under section 307(b)(1) of the CAA,
                                             requirement of the CAA in accordance                    collection burden under the provisions                petitions for judicial review of this
                                             with CAA Section 110(1). A technical                    of the Paperwork Reduction Act (44                    action must be filed in the United States
                                             support document (TSD) was prepared                     U.S.C. 3501 et seq.);                                 Court of Appeals for the appropriate
                                             which details our evaluation. Our TSD                      • Is certified as not having a                     circuit by April 21, 2015. Filing a
                                             may be accessed online at                               significant economic impact on a                      petition for reconsideration by the
                                             www.regulations.gov, Docket No. EPA–                    substantial number of small entities                  Administrator of this final rule does not
                                             R06–OAR–2014–0554.                                      under the Regulatory Flexibility Act (5               affect the finality of this rule for the
                                                                                                     U.S.C. 601 et seq.);                                  purposes of judicial review nor does it
                                             III. Final Action
                                                                                                        • Does not contain any unfunded                    extend the time within which a petition
                                                We are approving a Texas SIP revision                mandate or significantly or uniquely                  for judicial review may be filed, and
                                             submitted to address the emissions                      affect small governments, as described                shall not postpone the effectiveness of
                                             inventory requirements for the DFW and                  in the Unfunded Mandates Reform Act                   such rule or action. This action may not
                                             HGB 2008 ozone nonattainment areas.                     of 1995 (Pub. L. 104–4);                              be challenged later in proceedings to
                                             The inventories we are approving are                       • Does not have Federalism                         enforce its requirements. (See section
                                             listed in Tables 1 and 2 above.                         implications as specified in Executive                307(b)(2).)
                                                EPA is publishing this rule without                  Order 13132 (64 FR 43255, August 10,
                                             prior proposal because we view this as                  1999);                                                List of Subjects in 40 CFR Part 52
                                             a non-controversial amendment and                          • Is not an economically significant                 Environmental protection, Air
                                             anticipate no adverse comments.                         regulatory action based on health or                  pollution control, Incorporation by
                                             However, in the proposed rules section                  safety risks subject to Executive Order               reference, Nitrogen dioxide, Ozone,
                                             of this Federal Register publication, we                13045 (62 FR 19885, April 23, 1997);                  Reporting and recordkeeping
                                             are publishing a separate document that                    • Is not a significant regulatory action           requirements, Volatile organic
                                             will serve as the proposal to approve the               subject to Executive Order 13211 (66 FR               compounds.
                                             SIP revision if relevant adverse                        28355, May 22, 2001);                                   Dated: February 9, 2015.
                                             comments are received. This rule will                      • Is not subject to requirements of
                                                                                                                                                           Ron Curry,
                                             be effective on April 21, 2015 without                  section 12(d) of the National
                                             further notice unless we receive relevant                                                                     Regional Administrator, Region 6.
                                                                                                     Technology Transfer and Advancement
                                             adverse comment by March 23, 2015. If                   Act of 1995 (15 U.S.C. 272 note) because                  40 CFR part 52 is amended as follows:
                                             we receive relevant adverse comments,                   application of those requirements would
                                             we will publish a timely withdrawal in                  be inconsistent with the CAA; and                     PART 52—APPROVAL AND
                                             the Federal Register informing the                         • Does not provide EPA with the                    PROMULGATION OF
                                             public that the rule will not take effect.              discretionary authority to address, as                IMPLEMENTATION PLANS
                                             We will address all public comments in                  appropriate, disproportionate human
                                                                                                                                                           ■ 1. The authority citation for part 52
                                             a subsequent final rule based on the                    health or environmental effects, using
                                                                                                                                                           continues to read as follows:
                                             proposed rule. We will not institute a                  practicable and legally permissible
                                             second comment period on this action.                   methods, under Executive Order 12898                      Authority: 42 U.S.C. 7401 et seq.
                                             Any parties interested in commenting                    (59 FR 7629, February 16, 1994).
                                                                                                        In addition, the SIP is not approved               Subpart SS—Texas
                                             must do so now. Please note that if we
                                             receive relevant adverse comment on an                  to apply on any Indian reservation land               ■  2. In § 52.2270 (e), the second table
                                             amendment, paragraph, or section of                     or in any other area where EPA or an                  titled ‘‘EPA Approved Nonregulatory
                                             this rule and if that provision may be                  Indian tribe has demonstrated that a                  Provisions and Quasi-Regulatory
                                             severed from the remainder of the rule,                 tribe has jurisdiction. In those areas of             Measures in the Texas SIP’’ is amended
                                             we may adopt as final those provisions                  Indian country, the rule does not have                by adding an entry at the end for ‘‘2011
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                                             of the rule that are not the subject of an              tribal implications as specified by                   Emissions Inventory for the 2008 Ozone
                                             adverse comment.                                        Executive Order 13175 (65 FR 67249,                   NAAQS.’’
                                                                                                     November 9, 2000), nor will it impose                    The addition reads as follows:
                                             IV. Statutory and Executive Order                       substantial direct costs on tribal
                                             Reviews                                                 governments or preempt tribal law.                    § 52.2270    Identification of plan.
                                               Under the CAA, the Administrator is                      The Congressional Review Act, 5                    *       *    *      *     *
                                             required to approve a SIP submission                    U.S.C. 801 et seq., as added by the Small                 (e) * * *


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                                                               Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations                                         9207

                                                        EPA APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
                                                                                          Applicable geographic or            State submittal/
                                                   Name of SIP provision                                                                                   EPA approval date           Comments
                                                                                            nonattainment area                 effective date


                                                     *                     *                        *                         *                       *                  *                *
                                             2011 Emissions Inventory for the        Dallas-Fort Worth and Houston-                    7/16/2014    2/20/2015 [Insert Federal Reg-
                                               2008 Ozone NAAQS.                      Galveston-Brazoria     Ozone                                     ister citation].
                                                                                      Nonattainment Areas.



                                             [FR Doc. 2015–03449 Filed 2–19–15; 8:45 am]             No. EPA–R07–OAR–2014–0900. All                           On November 3, 2011, Missouri
                                             BILLING CODE 6560–50–P                                  documents in the docket are listed on                 requested redesignation of the Missouri
                                                                                                     the www.regulations.gov Web site.                     portion of the St. Louis area to
                                                                                                     Although listed in the index, some                    attainment of the 1997 8-hour O3
                                             ENVIRONMENTAL PROTECTION                                information is not publicly available,                standard, and requested approval of the
                                             AGENCY                                                  i.e., CBI or other information whose                  Missouri SIP revision containing a
                                                                                                     disclosure is restricted by statute.                  maintenance plan for the Missouri
                                             40 CFR Parts 52 and 81                                  Certain other material, such as                       portion of the St. Louis area. Missouri
                                             [EPA–R07–OAR–2014–0900; FRL–9923–14–                    copyrighted material, is not placed on                submitted a supplement to this request
                                             Region 7]                                               the Internet and will be publicly                     on April 29, 2014.
                                                                                                     available only in hard copy form.                        On June 9, 2011 (76 FR 33647), EPA
                                             Approval and Promulgation of                            Publicly available docket materials are               issued a final rulemaking determining
                                             Implementation Plans; Attainment                        available either electronically through               that the entire St. Louis MO–IL area
                                             Redesignation for Missouri Portion of                   www.regulations.gov or in hard copy at                attained the 1997 8-hour O3 NAAQS
                                             the St. Louis MO–IL Area; 1997 8-Hour                   the Environmental Protection Agency,                  based on three years of complete,
                                             Ozone Standard and Associated                           Air Planning and Development Branch,                  quality assured O3 data for the period of
                                             Maintenance Plan                                        11201 Renner Boulevard, Lenexa,                       2008–2010.
                                                                                                     Kansas 66219. The Regional Office’s                      On December 31, 2014(79 FR 78755),
                                             AGENCY:  Environmental Protection                                                                             EPA published a notice of proposed
                                                                                                     official hours of business are Monday
                                             Agency.                                                                                                       rulemaking (NPR) proposing to approve
                                                                                                     through Friday, 8:00 a.m. to 4:30 p.m.
                                             ACTION: Final rule.                                     excluding Federal holidays. The                       Missouri’s request to redesignate the
                                                                                                     interested persons wanting to examine                 Missouri portion of the St. Louis area to
                                             SUMMARY:     The Environmental Protection
                                                                                                     these documents should make an                        attainment of the 1997 8-hour O3
                                             Agency (EPA) is taking final action to
                                                                                                     appointment with the office at least 24               standard, and also proposing to approve
                                             approve the State of Missouri’s request
                                                                                                     hours in advance.                                     Missouri’s maintenance plan for the
                                             to redesignate the Missouri portion of
                                                                                                     FOR FURTHER INFORMATION CONTACT: Ms.                  area. The proposed rulemaking provides
                                             the St. Louis MO–IL nonattainment
                                                                                                     Lachala Kemp, Environmental                           a detailed discussion and sets forth the
                                             area, the ‘‘St. Louis area’’ or ‘‘area’’ to
                                                                                                     Protection Agency, Air Planning and                   basis for determining that Missouri’s
                                             attainment for the 1997 8-hour National
                                                                                                     Development Branch, 11201 Renner                      redesignation request meets the CAA
                                             Ambient Air Quality Standards
                                                                                                     Boulevard, Lenexa, KS 66219 at (913)                  requirements for redesignation to
                                             (NAAQS or Standard) for ozone (O3).
                                                                                                     551–7214 or by email at kemp.lachala@                 attainment for the 1997 8-hour O3
                                             The Missouri counties comprising the
                                                                                                     epa.gov.                                              NAAQS.
                                             St. Louis area are Franklin, Jefferson, St.                                                                      The primary background for this
                                             Charles, and St. Louis along with the                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                           action is contained in EPA’s December
                                             City of St. Louis. EPA’s approval of the                Throughout this document whenever
                                                                                                                                                           31, 2014, proposal to approve Missouri’s
                                             redesignation request is based on the                   ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer
                                                                                                                                                           redesignation request, and in EPA’s June
                                             determination that the St. Louis area has               to EPA. This section provides additional
                                                                                                                                                           9, 2011, final rulemaking determining
                                             met the criteria for redesignation to                   information by addressing the
                                                                                                                                                           that the area has attained the 1997 8-
                                             attainment set forth in the Clean Air Act               following:
                                                                                                                                                           hour O3 standard based on complete,
                                             (CAA), including the determination that                 Table of Contents                                     quality assured monitoring data for
                                             the St. Louis area has attained the 1997                                                                      2008–2010. In these rulemakings, we
                                             8-hour O3 standard. Additionally, EPA                   I. What is the background for this rule?
                                                                                                     II. Summary of SIP Revisions                          noted that under EPA regulations at 40
                                             is approving the state’s plan for                                                                             CFR 50.10 and 40 CFR part 50,
                                             maintaining the 1997 O3 standard in the                 III. What action is EPA taking??
                                                                                                     IV. Statutory and Executive Order Reviews             appendix I provides that the 8-hour O3
                                             St. Louis area for 10 years beyond                                                                            standard is attained when the three-year
                                             redesignation. In a separate action the                 I. What is the background for this rule?              average of the annual fourth-highest
                                             state of Illinois submitted a similar                     On July 18, 1997, EPA promulgated a                 daily maximum 8-hour average O3
                                             redesignation request for the Illinois                  revised 8-hour O3 NAAQS of 0.08 parts                 concentration is less than or equal to
                                             portion of the St. Louis MO–IL 1997 8-                  per million (ppm) (62 FR 38856). EPA                  0.08 ppm, when rounded at all
                                             hour O3 area. On June 12, 2012, the EPA                 published a final rule designating and                monitoring sites in the area. See 69 FR
                                             published a document in the Federal
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                                                                                                     classifying areas under the 8-hour O3                 23857 (April 30, 2004). To support the
                                             Register taking final action to address                 NAAQS on April 30, 2004 (69 FR                        redesignation of the area to attainment
                                             the Illinois portion of the St. Louis area.             23857). In that rulemaking, the St. Louis             of the NAAQS, the O3 data must be
                                             DATES: Effective date: This final rule is               area was designated as nonattainment                  complete for the three attainment years.
                                             effective on February 20, 2015.                         for the 1997 8-hour O3 standard and                   The data completeness requirement is
                                             ADDRESSES: EPA has established a                        classified as a moderate nonattainment                met when the average percent of days
                                             docket for this action under Docket ID                  area under subpart 2 of the CAA.                      with valid ambient monitoring data is


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Document Created: 2015-12-18 13:01:50
Document Modified: 2015-12-18 13:01:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective April 21, 2015 without further notice, unless EPA receives adverse comment by March 23, 2015. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactMs. Nevine Salem, (214) 665-7222, [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Salem or Mr. Bill Deese at 214-665- 7253.
FR Citation80 FR 9204 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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