81 FR 66240 - Determination of Nonattainment and Reclassification of the Houston-Galveston-Brazoria 2008 8-Hour Ozone Nonattainment Area; Texas
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 187 (September 27, 2016)
Federal Register Volume 81, Issue 187 (September 27, 2016)
| Page Range | 66240-66243 | |
| FR Document | 2016-23247 |
[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)] [Proposed Rules] [Pages 66240-66243] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23247] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA-R06-OAR-2016-0275; FRL-9952-67-Region 6] Determination of Nonattainment and Reclassification of the Houston-Galveston-Brazoria 2008 8-Hour Ozone Nonattainment Area; Texas AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to determine that the Houston-Galveston-Brazoria ozone nonattainment area (HGB area) failed to attain the 2008 8hour ozone national ambient air quality standards (NAAQS) by the applicable attainment deadline of July 20, 2016, and thus is classified by operation of law as ``Moderate''. In this action, EPA is also proposing January 1, 2017 as the deadline by which Texas must submit to the EPA the State Implementation Plan (SIP) revisions that meet the CAA statutory and regulatory requirements that apply to 2008 ozone NAAQS nonattainment areas reclassified as Moderate. DATES: Written comments must be received on or before October 27, 2016. ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR- 2016-0275, at http://www.regulations.gov or via email to salem.nevine@epa.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact Ms. Nevine Salem, (214) 665-7222, salem.nevine@epa.gov. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Ms. Nevine Salem, (214) 665-7222, salem.nevine@epa.gov. [[Page 66241]] SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background In 2008 we revised the 8-hour ozone primary and secondary NAAQS to a level of 0.075 parts per million (ppm) annual fourth-highest daily maximum 8-hour average concentration, averaged over three years to provide increased protection of public health and the environment (73 FR 16436, March 27, 2008). The HGB area was classified as a ``Marginal'' ozone nonattainment area for the 2008 8-hour ozone NAAQS and initially given an attainment date of no later than December 31, 2015 (77 FR 30088, May 21, 2012). The HGB area consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties. On December 23, 2014, the D.C. Circuit issued a decision rejecting, among other things, our attainment deadlines for the 2008 ozone nonattainment areas, finding that we did not have statutory authority under the CAA to extend those deadlines to the end of the calendar year. NRDC v. EPA, 777 F.3d 456, 464-69 (D.C. Cir. 2014). Consistent with the court's decision we modified the attainment deadlines for all nonattainment areas for the 2008 ozone NAAQS, and set the attainment deadline for all 2008 ozone nonattainment areas, including the HGB area as July 20, 2015 (80 FR 12264, March 6, 2015). As the HGB area qualified for a 1-year extension of the attainment deadline we revised the attainment deadline to July 20, 2016 (81 FR 26697, May 4, 2016). Classifications for ozone nonattainment areas range from ``Marginal'' (for areas with monitored ozone levels just exceeding the level of the NAAQS) to ``Extreme'' (for areas with monitored ozone levels well above the levels of the NAAQS). CAA section 182 stipulates the specific attainment planning and additional requirements that apply to each ozone nonattainment area based on its classification. CAA section 182, as interpreted by the EPA's implementation regulations at 40 CFR 51.1108-1117, also establishes the timeframes by which air agencies must submit SIP revisions to address the applicable attainment planning elements, and the timeframes by which ozone nonattainment areas must attain the relevant NAAQS. CAA section 181(b)(2) requires us to (1) determine whether the HGB area attained the 2008 ozone NAAQS by the attainment deadline, (2) reclassify the HGB area if the attainment deadline is not met, and (3) publish a Federal Register notice within 6 months of the attainment deadline identifying the new classification if the area failed to attain by the attainment deadline. The determination of attainment is based on the area's ``design value'' (DV), which for the 8-hour ozone NAAQS is the highest 3-year average of the annual fourth highest daily maximum 8-hour average ozone concentration of all regulatory monitors in the area. The 2008 ozone NAAQS is met when the DV is less than or equal to 0.075 ppm based on complete, consecutive calendar years of certified, quality assured ambient air monitoring data (40 CFR 50.15; 40 CFR 50, appendix P). A determination of attainment by the attainment deadline of July 20, 2016 is based on data from the consecutive calendar years of 2013-2015. II. EPA Analysis Ozone air quality data from monitoring sites in the HGB area is presented in Table 1. This data has been quality assured and certified by the State of Texas. The data is available in the EPA Air Quality System (AQS) database and also in the electronic docket for this action. The Manvel monitoring site (48-039-1004) recorded the highest 2013-2015 design value (0.080 ppm), which is also the DV for the area. Although the HGB air trends show overall progress in reducing ozone concentrations over the past 15 years, the HGB area is not eligible for an additional one-year attainment date extension \1\ because, at 0.078 ppm, the average of the 2014 and 2015 \2\ annual fourth highest daily maximum eight-hour average ozone concentrations for the monitor in the area is greater than 0.075 ppm, the data for 2014-2015 indicates the area does not qualify for a second 1-year extension of the attainment deadline (40 CFR 51.1107). --------------------------------------------------------------------------- \1\ The area would be eligible for the second 1-year extension if the area's 4th highest daily maximum 8-hour value, averaged over both the original attainment year and the first extension year, is at or below 0.075 ppm. \2\ 2014 and 2015 are the last two full years of complete air quality data prior to the July 20, 2016, attainment date. Table 1--HGB Area Fourth Highest 8-Hour Ozone Concentrations and Design Values (ppm), 2013-2015 ---------------------------------------------------------------------------------------------------------------- 4th Highest daily maximum value Site name and No. ------------------------------------------------ Design value 2013 2014 2015 (2013-2015) ---------------------------------------------------------------------------------------------------------------- Garth (48-201-1017)............................. 0.061 0.067 0.077 0.068 Deer Park (48-201-1039)......................... 0.069 0.063 0.077 0.069 Aldine (48-201-0024)............................ 0.074 0.068 0.095 0.079 Clinton Drive (48-201-1035)..................... 0.067 0.058 0.084 0.069 Croquet (48-201-0051)........................... 0.079 0.067 0.079 0.075 Monroe (48-201-0062)............................ 0.074 0.065 0.073 0.070 NW Harris Co. (48-201-0029)..................... 0.080 0.063 0.078 0.073 Westhollow (48-201-0066)........................ 0.077 0.070 0.079 0.075 Lang (48-201-0047).............................. 0.079 0.064 0.091 0.078 Wayside (48-201-0046)........................... 0.070 0.062 0.078 0.070 Houston East (48-201-1034)...................... 0.069 0.066 0.088 0.074 Bayland Park (48-201-0055)...................... 0.081 0.067 0.080 0.076 Seabrook (48-201-1050).......................... 0.067 0.065 0.083 0.071 Channelview (48-201-0026)....................... 0.061 0.064 0.081 0.068 Lynchburg (48-201-1015)......................... 0.064 0.059 0.079 0.067 Park Place (48-201-0416)........................ 0.079 0.066 0.087 0.077 Galveston (48-167-1034)......................... 0.064 0.071 0.084 0.073 Conroe (48-339-0078)............................ 0.075 0.072 0.073 0.073 Manvel (48-039-1004)............................ 0.084 0.071 0.086 0.080 Lake Jackson (48-039-1016)...................... 0.067 0.061 0.065 0.064 ---------------------------------------------------------------------------------------------------------------- [[Page 66242]] CAA section 181(b)(2)(A) provides that a marginal nonattainment area shall be reclassified by operation of law upon a determination by the EPA that such area failed to attain the relevant NAAQS by the applicable attainment date. Based on quality-assured ozone monitoring data from 2013-2015, as shown in Table 1, the new classification applicable to the HGB area would be the next higher classification of ``moderate'' under the CAA statutory scheme. Moderate nonattainment areas are required to attain the standard ``as expeditiously as practicable'' but no later than six years after the initial designation as nonattainment (which, in the case of the HGB area, is July 20, 2018). The attainment deadlines associated with each classification are prescribed by the CAA and codified at 40 CFR 51.1103. In determining the deadline for the Moderate area SIP revisions, the EPA has discretion, per CAA section 182(i), to adjust the statutory deadline for submitting required SIP revisions for reclassified Moderate ozone nonattainment areas. CAA section 182(i) requires that reclassified areas meet the applicable plan submission requirements ``according to the schedules prescribed in connection with such requirements, except that the Administrator may adjust any applicable deadlines (other than attainment dates) to the extent such adjustment is necessary or appropriate to assure consistency among the required submissions.'' Under the Moderate area plan requirements of CAA section 182(b)(1) and 40 CFR 51.1108, states with ozone nonattainment areas classified as Moderate are provided 3 years (or 36 months) from the date of designation to submit a SIP revision complying with the Moderate ozone nonattainment plan requirements. For areas designated nonattainment for the 2008 ozone NAAQS and originally classified as Moderate, that deadline was July 20, 2015, a date that has already passed. The EPA, therefore, interprets CAA section 182(i) as providing the authority to adjust the applicable deadlines for the HGB area ``as necessary or appropriate to assure consistency among the required submissions.'' In determining a SIP submission deadline, we note that pursuant to 40 CFR 51.1108(d), for each nonattainment area the state must provide for implementation of all control measures needed for attainment no later than the beginning of the attainment year ozone season. The attainment year ozone season is the ozone season immediately preceding a nonattainment area's attainment date, in this case it is the 2017 ozone season (40 CFR 51.1100(h)). The ozone season is the ozone monitoring season as defined in 40 CFR part 58, appendix D, section 4.1, table D-3. For the purpose of this HGB area reclassification, January 1st is the beginning of the ozone monitoring season. Therefore, the beginning of the Moderate attainment year ozone season for the HGB area is January 1, 2017. This date is also the latest date that would be compatible with the deadline for Moderate area reasonably available control technology (RACT) to be in place (i.e., begin no later than January 1 of the 5th year after the effective date of designation for the 2008 ozone NAAQS, which is, in this case, January 1, 2017).\3\ Also, January 1, 2017 is the SIP submission deadline the EPA established for all other Marginal nonattainment areas in the country that were recently reclassified to Moderate.\4\ --------------------------------------------------------------------------- \3\ See 40 CFR 51.112(a)(3). \4\ See 81 FR 26697, May 4, 2016. --------------------------------------------------------------------------- Accordingly, the EPA proposes that the required SIP revisions be submitted by Texas no later than January 1, 2017. This deadline also calls for implementation of applicable controls no later than January 1, 2017. Texas must submit a Moderate Area SIP that addresses the CAA's Moderate nonattainment area requirements as described in 40 CFR 51.1100. Those requirements include, (1) An attainment demonstration (CAA section 182(b) and 40 CFR 51.1108); (2) reasonable further progress (RFP) reductions in volatile organic compound (VOC) and nitrogen oxide (NOX ) emissions (CAA sections 172 (c)(2) and 182(b)(1) and 40 CFR 51.1110); (3) provisions for reasonably available control technology (RACT) (CAA section 182(b)(2) and 40 CFR 51.1112(a)- (b)) and reasonably available control measures (RACM) (CAA section 172(c)(1) and 40 CFR 51.1112(c)); and (4) contingency measures to be implemented in the event of failure to meet a milestone or attain the standard (CAA 172(c)(9)); (5) a vehicle inspection and maintenance program (CAA section 181(b)(4) and 40 CFR 51.350); and (6) NOX and VOC emission offsets at a ratio of 1.15 to 1 for major source permits (CAA section 182(b)(5) and 40 CFR 51.165 (a)) See also the requirements for moderate ozone nonattainment areas set forth in CAA section 182(b) and the general nonattainment plan provisions required under CAA section 172(c). Should the State's analysis find that the area will not meet the Moderate area attainment deadline of July 20, 2018, the State can seek a voluntary reclassification to a higher classification category, which would provide additional time for attainment. We believe that voluntary reclassification for areas that are not likely to attain by their attainment date is an appropriate action that will facilitate focus on developing the attainment plans required (80 FR 12264, 12268, March 6, 2015). A voluntary reclassification to the Serious classification would set an attainment deadline of July 20, 2021 (40 CFR 51.1103). III. Proposed Action In accordance with CAA 181(b)(2), we are proposing to determine that the HGB ozone nonattainment area failed to attain the 2008 ozone NAAQS by the applicable attainment deadline of July 20, 2016, and to reclassify the area as Moderate. We are also proposing that Texas must submit to us the SIP revisions to address the Moderate ozone nonattainment area requirements of the CAA by January 1, 2017. The EPA acknowledges that for the HGB area reclassified from Marginal to Moderate nonattainment, meeting the SIP submittal deadline of January 1, 2017 may be challenging. The EPA is working closely with TCEQ to support their SIP submittal in a timely manner. As discussed previously in section II of this notice, January 1, 2017 is a SIP submission deadline that is consistent for all Marginal nonattainment areas that are reclassified to Moderate for the 2008 ozone NAAQS, and is consistent with the timeframes in the CAA as codified in the EPA's implementing regulations. IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget for review. B. Paperwork Reduction Act (PRA) This proposed action does not impose an information collection burden under the PRA because it does not contain any information collection activities. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action merely proposes to determine that the HGB area failed to meet an ozone NAAQS attainment deadline, reclassify the area and set the date when a revised SIP is due to EPA. [[Page 66243]] D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. E. Executive Order 13132: Federalism This 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. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This action does not apply on any Indian reservation land, any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, or non-reservation areas of Indian country. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it merely proposes to determine that the HGB area failed to meet an ozone NAAQS attainment deadline, reclassify the area and set the date when a revised SIP is due to EPA. H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations. This action merely proposes to determine that the HGB area failed to meet an ozone NAAQS attainment deadline, reclassify the area and set the date when a revised SIP is due to EPA. List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control. Authority: 42 U.S.C. 7401 et seq. Dated: September 21, 2016. Ron Curry, Regional Administrator, Region 6. [FR Doc. 2016-23247 Filed 9-26-16; 8:45 am] BILLING CODE 6560-50-P
![66240 Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Proposed Rules
these sources and law enforcement 552a(c)(3); (d); (e)(1); (e)(4) (G), (H), (I); SUMMARY: The Environmental Protection
personnel. and (f): (i) Employee Conduct and Agency (EPA) is proposing to determine
(2) Personnel Security and Suitability Discipline Records. (ii) Employee that the Houston-Galveston-Brazoria
Investigatory Records. This system is Relations Records. ozone nonattainment area (HGB area)
exempt under U.S.C. 552a(k)(1), (k)(2), NOTE TO PARAGRAPH (c)(5): This failed to attain the 2008 8hour ozone
and (k)(5) from the provisions of 5 exemption is claimed for these systems national ambient air quality standards
U.S.C. 552a(c)(3); (d); (e)(1); (e)(4); (G); of records to maintain the ability to (NAAQS) by the applicable attainment
(H); (I); and (f). These exemptions are obtain candid and necessary deadline of July 20, 2016, and thus is
claimed to protect the materials information, to fulfill commitments classified by operation of law as
required by executive order to be kept made to sources to protect the ‘‘Moderate’’. In this action, EPA is also
secret in the interest of national defense confidentiality of information, to avoid proposing January 1, 2017 as the
or foreign policy, to prevent subjects of endangering these sources and, deadline by which Texas must submit to
investigation from frustrating the ultimately, to facilitate proper selection the EPA the State Implementation Plan
investigatory process, to insure the or continuance of the best applicants or (SIP) revisions that meet the CAA
proper functioning and integrity of law persons for a given position or contract. statutory and regulatory requirements
enforcement activities, to prevent Special note is made of the limitation on that apply to 2008 ozone NAAQS
disclosure of investigative techniques, the extent to which this exemption may nonattainment areas reclassified as
to maintain the ability to obtain candid be asserted. The existence and general Moderate.
and necessary information, to fulfill character of the information exempted DATES: Written comments must be
commitments made to sources to protect will be made known to the individual received on or before October 27, 2016.
the confidentiality of information, to to whom it pertains. ADDRESSES: Submit your comments,
avoid endangering those sources and, (6) Partner Vetting System. This identified by Docket No. EPA–R06–
ultimately, to facilitate proper selection system is exempt under 5 U.S.C. OAR–2016–0275, at http://
or continuance of the best applicants or 552a(k)(1), (k)(2), and (k)(5) from the www.regulations.gov or via email to
persons for a given position or contract. provision of 5 U.S.C. 552a(c)(3); (d); salem.nevine@epa.gov. Follow the
Special note is made of the limitation on (e)(1); (e)(4)(G), (H), (I); and (f). These online instructions for submitting
the extent to which this exemption may exemptions are claimed to protect the comments. Once submitted, comments
be asserted. materials required by executive order to
(3) Litigation Records. This system is cannot be edited or removed from
be kept secret in the interest of national Regulations.gov. The EPA may publish
exempt under 5 U.S.C. 552(k)(1), (k)(2), defense or foreign policy, to prevent
and (k)(5) from the provisions of 5 any comment received to its public
subjects of investigation from frustrating docket. Do not submit electronically any
U.S.C. 552a(c)(3); (d); (e)(1); (e)(4) (G), the investigatory process, to insure the
(H), (I); and (f). These exemptions are information you consider to be
proper functioning and integrity of law Confidential Business Information (CBI)
claimed to protect the materials
enforcement activities, to prevent or other information whose disclosure is
required by executive order to be kept
disclosure of investigative techniques, restricted by statute. Multimedia
secret in the interest of national defense
to maintain the ability to obtain candid submissions (audio, video, etc.) must be
or foreign policy, to prevent subjects of
and necessary information, to fulfill accompanied by a written comment.
investigation from frustrating the
commitments made to sources to protect The written comment is considered the
investigatory process, to insure the
the confidentiality of information, to official comment and should include
proper functioning and integrity of law
avoid endangering these sources, and to discussion of all points you wish to
enforcement activities, to prevent
facilitate proper selection or make. The EPA will generally not
disclosure of investigative techniques,
to maintain the ability to obtain candid continuance of the best applicants or consider comments or comment
and necessary information, to fulfill persons for a given position or contract. contents located outside of the primary
commitments made to sources to protect Dated: September 21, 2016. submission (i.e. on the web, cloud, or
the confidentiality of information. Lynn P. Winston, other file sharing system). For
(4) Employee Equal Employment Chief, Information and Records Division, additional submission methods, please
Opportunity Complaint Investigatory FOIA Public Liaison/Agency Records Officer, contact Ms. Nevine Salem, (214) 665–
Records. This system is exempt under 5 U.S. Agency for International Development. 7222, salem.nevine@epa.gov. For the
U.S.C. 552a(k)(1) and (k)(2) from the [FR Doc. 2016–23270 Filed 9–26–16; 8:45 am] full EPA public comment policy,
provisions of 5 U.S.C. 552a(c)(3); (d); BILLING CODE P
information about CBI or multimedia
(e)(1); (e)(4) (G), (H), (I); and (f). These submissions, and general guidance on
exemptions are claimed to protect the making effective comments, please visit
materials required by executive order to http://www2.epa.gov/dockets/
ENVIRONMENTAL PROTECTION commenting-epa-dockets.
be kept secret in the interest of national
AGENCY Docket: The index to the docket for
defense or foreign policy, to prevent
subjects of investigation from frustrating this action is available electronically at
40 CFR Part 81
the investigatory process, to insure the www.regulations.gov and in hard copy
proper functioning and integrity of law [EPA–R06–OAR–2016–0275; FRL–9952–67– at EPA Region 6, 1445 Ross Avenue,
enforcement activities, to prevent Region 6] Suite 700, Dallas, Texas. While all
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
disclosure of investigative techniques, documents in the docket are listed in
to maintain the ability to obtain candid Determination of Nonattainment and the index, some information may be
and necessary information, to fulfill Reclassification of the Houston- publicly available only at the hard copy
commitments made to sources to protect Galveston-Brazoria 2008 8-Hour Ozone location (e.g., copyrighted material), and
the confidentiality of information, to Nonattainment Area; Texas some may not be publicly available at
avoid endangering these sources. AGENCY: Environmental Protection either location (e.g., CBI).
(5) The following systems of records Agency (EPA). FOR FURTHER INFORMATION CONTACT: Ms.
are exempt under 5 U.S.C. 552a(k)(5) Nevine Salem, (214) 665–7222,
ACTION: Proposed rule.
from the provision of 5 U.S.C. salem.nevine@epa.gov.
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![Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Proposed Rules 66243
D. Unfunded Mandates Reform Act J. Executive Order 12898: Federal Washington, DC 20590. The entire
(UMRA) Actions To Address Environmental proceedings will be public.
Justice in Minority Populations and ADDRESSES: You may submit comments
This action does not contain any Low-Income Populations bearing the Federal Docket Management
unfunded mandate as described in System Docket ID (FMCSA–2012–0103)
UMRA, 2 U.S.C. 1531–1538, and does EPA believes the human health or
environmental risk addressed by this using any of the following methods:
not significantly or uniquely affect small Federal eRulemaking Portal: Go to
action will not have potential
governments. The action imposes no http://www.regulations.gov. Follow the
disproportionately high and adverse
enforceable duty on any state, local or online instructions for submitting
human health or environmental effects
tribal governments or the private sector. comments.
on minority, low-income or indigenous
Mail: Docket Management Facility:
E. Executive Order 13132: Federalism populations. This action merely
U.S. Department of Transportation, 1200
proposes to determine that the HGB area New Jersey Avenue SE., West Building
This action does not have federalism failed to meet an ozone NAAQS Ground Floor, Room W12–140,
implications. It will not have substantial attainment deadline, reclassify the area Washington, DC 20590.
direct effects on the states, on the and set the date when a revised SIP is Hand Delivery or Courier: West
relationship between the national due to EPA. Building Ground Floor, Room W12–140,
government and the states, or on the 1200 New Jersey Avenue SE.,
List of Subjects in 40 CFR Part 81
distribution of power and Washington, DC 20590, between 9 a.m.
responsibilities among the various Environmental protection, Air and 5 p.m., ET, Monday through Friday,
levels of government. pollution control. except Federal holidays.
Authority: 42 U.S.C. 7401 et seq. Fax: 1–202–493–2251.
F. Executive Order 13175: Consultation Each submission must include the
and Coordination With Indian Tribal Dated: September 21, 2016.
Agency name and the docket number for
Governments Ron Curry,
this notice. Note that DOT posts all
Regional Administrator, Region 6.
This action does not have tribal comments received without change to
[FR Doc. 2016–23247 Filed 9–26–16; 8:45 am] www.regulations.gov, including any
implications as specified in Executive BILLING CODE 6560–50–P personal information included in a
Order 13175. This action does not apply
comment. Please see the Privacy Act
on any Indian reservation land, any heading below.
other area where EPA or an Indian tribe DEPARTMENT OF TRANSPORTATION Docket: For access to the docket to
has demonstrated that a tribe has read background documents or
jurisdiction, or non-reservation areas of Federal Motor Carrier Safety comments, go to www.regulations.gov at
Indian country. Thus, Executive Order Administration any time or visit Room W12–140 on the
13175 does not apply to this action. ground level of the West Building, 1200
49 CFR Part 390 New Jersey Avenue SE., Washington,
G. Executive Order 13045: Protection of
DC 20590, between 9 a.m. and 5 p.m.,
Children From Environmental Health [Docket No. FMCSA–2012–0103]
Monday through Friday, except Federal
Risks and Safety Risks holidays. The online Federal document
RIN 2126–AB90
EPA interprets Executive Order 13045 management system is available 24
as applying only to those regulatory Lease and Interchange of Vehicles; hours each day, 365 days each year. If
Motor Carriers of Passengers you would like acknowledgment that
actions that concern environmental
the Agency received your comments,
health or safety risks that the EPA has AGENCY: Federal Motor Carrier Safety please include a self-addressed,
reason to believe may Administration (FMCSA), DOT. stamped envelope or postcard or print
disproportionately affect children, per ACTION: Notice of meeting; request for the acknowledgement page that appears
the definition of ‘‘covered regulatory comment. after submitting comments online. The
action’’ in section 2–202 of the docket FMCSA–2016–0102 will remain
Executive Order. This action is not SUMMARY: FMCSA announces it will open indefinitely.
subject to Executive Order 13045 hold a roundtable discussion on October Privacy Act: In accordance with 5
because it merely proposes to determine 31, 2016, as a follow-up to its August U.S.C. 553(c), DOT solicits comments
that the HGB area failed to meet an 31, 2016, notice of intent concerning the from the public to better inform its
ozone NAAQS attainment deadline, petitions for reconsideration of the final rulemaking process. DOT posts these
reclassify the area and set the date when rule, titled ‘‘Lease and Interchange of comments, without edit, including any
a revised SIP is due to EPA. Vehicles; Motor Carriers of Passengers,’’ personal information the commenter
which published May 27, 2015. The provides, to www.regulations.gov, as
H. Executive Order 13211, Actions That meeting will be open to the public. described in the system of records
Significantly Affect Energy Supply, Individuals with diverse experience, notice (DOT/ALL–14 FDMS), which can
Distribution or Use expertise, and perspectives are be reviewed at www.dot.gov/privacy.
encouraged to attend. If all comments FOR FURTHER INFORMATION CONTACT: Ms.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
This action is not subject to Executive have been exhausted before the end of Loretta G. Bitner, (202) 385–2428,
Order 13211, because it is not a the session, the session may conclude loretta.bitner@dot.gov, Chief,
significant regulatory action under early. Commercial Passenger Carrier Safety
Executive Order 12866.
DATES: The roundtable discussion will Division, Office of Enforcement and
I. National Technology Transfer and be held on Monday, October 31, 2016, Compliance, Federal Motor Carrier
Advancement Act from 9:30 a.m. to 4:30 p.m., Eastern Safety Administration. FMCSA office
Time (ET) at the U.S. Department of hours are from 8 a.m. to 4:30 p.m. ET,
This rulemaking does not involve Transportation, Media Center, 1200 Monday through Friday, except Federal
technical standards. New Jersey Avenue SE., Ground Floor, holidays.
VerDate Sep<11>2014 16:56 Sep 26, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\27SEP1.SGM 27SEP1](https://thefederalregister.org/doc/81_FR_66427/page/4.svg)
Document Created: 2016-09-27 01:18:55
Document Modified: 2016-09-27 01:18:55
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before October 27, 2016. | |
| Contact | Ms. Nevine Salem, (214) 665-7222, [email protected] | |
| FR Citation | 81 FR 66240 | |
| CFR Associated | Environmental Protection and Air Pollution Control |
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