81 FR 78688 - Clean Air Act Redesignation Substitute for the Dallas-Fort Worth 1-Hour Ozone and 1997 8-Hour Ozone Nonattainment Areas; Texas
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 216 (November 8, 2016)
Federal Register Volume 81, Issue 216 (November 8, 2016)
| Page Range | 78688-78691 | |
| FR Document | 2016-26585 |
[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)] [Rules and Regulations] [Pages 78688-78691] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26585] [[Page 78687]] Vol. 81 Tuesday, No. 216 November 8, 2016 Part II Environmental Protection Agency ----------------------------------------------------------------------- 40 CFR Parts 52 and 81 Clean Air Act Redesignation Substitute for the Dallas-Fort Worth 1- Hour Ozone and 1997 8-Hour Ozone Nonattainment Areas; Texas; Clean Air Act Redesignation Substitute for the Houston-Galveston-Brazoria 1997 8- Hour Ozone Nonattainment Area; Texas; Final Rules Federal Register / Vol. 81 , No. 216 / Tuesday, November 8, 2016 / Rules and Regulations [[Page 78688]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R06-OAR-2015-0721; FRL-9953-93-Region 6] Clean Air Act Redesignation Substitute for the Dallas-Fort Worth 1-Hour Ozone and 1997 8-Hour Ozone Nonattainment Areas; Texas AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a redesignation substitute and making finding of attainment for both the revoked 1-hour and the revoked 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) for the Dallas-Fort Worth ozone nonattainment areas (DFW area). DATES: This rule is effective on December 8, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2015-0721. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, 214-665-6633, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' means the EPA. I. Background The background for this action is discussed in detail in our May 25, 2016 proposal (81 FR 33161). In that document we proposed to approve a redesignation substitute and make a finding of attainment for both the 1-hour and the 1997 8-hour ozone NAAQS for the Dallas-Fort Worth 1-hour and 1997 8-hour ozone nonattainment areas (DFW areas). The redesignation substitute demonstration indicates that the area has attained the revoked 1-hour and the revoked 1997 8-hour ozone NAAQS due to permanent and enforceable emission reductions and that it will maintain those NAAQS for ten years from the date of the EPA's approval of this demonstration. Final approval of the redesignation substitute results in the area no longer being subject to any remaining applicable anti-backsliding requirements, including nonattainment new source review associated with the revoked NAAQS. In general, final approval of the redesignation substitute allows Texas to seek to revise the Texas State Implementation Plan (SIP) for the area to remove anti-backsliding measures from the active portion of its SIP if it can demonstrate, pursuant to CAA section 110(1), that such revision would not interfere with attainment or maintenance of any applicable NAAQS, or any other requirement of the CAA. Because the EPA believes Texas does not need to revise its SIP to alter certain provisions for NNSR effective in the DFW area, the offset and threshold requirements applicable in the DFW area for NNSR will be automatically altered upon finalization of the redesignation substitute. We received comments on the proposal from three commenters. Our response to the comments is below. II. Response to Comments Comment: Two commenters recognized the progress of the area and the work of TCEQ in making such significant air quality improvements in the DFW area and urged the EPA to finalize this action to reflect the changes in the area. Response: We agree with the commenters that DFW area has made progress in meeting air quality standards. No changes were made to the final action based on these comments. Comment: One of the supportive commenters urged the EPA to approve revisions to the Texas SIP to reflect changes to certain provisions for the NNSR program effective in the DFW area as a result of the EPA's approval of the redesignation substitute. The commenter also asserted that approval of the redesignation substitute will result in the area no longer being subject to any remaining applicable anti-backsliding requirements. Response: Due to the drafting of the Texas SIP, no revision is necessary to alter NNSR requirements applicable in the DFW area following finalization of this redesignation substitute. The NNSR provisions in the existing Texas SIP contains a provision that cross- references the designation of the area to 40 CFR part 81. See 30 TAC section 101.1(71). Because of the structure of this provision the identification of an area's classification, and thus the related major source thresholds and offset ratios, is updated without any additional revision to the SIP. Therefore, the EPA's approval of the redesignation substitute automatically updates the applicable NNSR requirements. Following finalization of this rule, the NNSR requirements applicable in the DFW area will be in accordance with the DFW area's current classification for the 2008 ozone NAAQS for newly permitted sources.\1\ We note that approval of this redesignation substitute does not relieve sources in the area of their obligations under previously established permit conditions.\2\ 81 FR 33161, 33165. The Texas SIP includes a suite of approved permitting regulations for the Minor and Major NSR, which will continue to apply after approval of the redesignation substitute in the DFW area. Each of these programs has been evaluated and approved by EPA as consistent with the requirements of the CAA and protective of air quality, including the requirements at 40 CFR 51.160 whereby the TCEQ cannot issue a permit or authorize an activity that will result in a violation of applicable portions of the control strategy or that will interfere with attainment or maintenance of a national standard. So moving forward to a time when the DFW area has a moderate designation as the only applicable nonattainment designation, new sources and modifications will continue to be permitted and authorized under the existing SIP requirements if they are determined to be protective of air quality. --------------------------------------------------------------------------- \1\ See Section D of the TSD for this action in the docket for this rulemaking for additional information. \2\ See Final Implementation Rule for 2008 Ozone Standard, 80 FR 12264, at 12299, footnote 83 and at 12304, footnote 91. --------------------------------------------------------------------------- The EPA agrees that approval of the redesignation substitute will result in the DFW area no longer being subject to the regulatory anti- backsliding requirements for the 1997 ozone standard established pursuant to the principles of CAA section 172(e). However if an anti- backsliding provision is in the Texas SIP and needs to be changed to reflect the change in this area's status, such change is subject to the SIP revision process, which in turn is subject to review under CAA sections 110 and 193, if applicable. To date, Texas has not submitted a SIP revision concerning any anti-backsliding provisions for the EPA's consideration. Comment: One commenter objected to the use of the redesignation substitute mechanism and the implications of such an action. The commenter incorporates [[Page 78689]] by reference the relevant portions of a brief filed in a petition challenging the EPA's promulgation of the redesignation substitute. See South Coast Air Quality Mgmt. Dist. v. EPA, No. 15-1115 (D.C. Cir.). They contend that the DFW area continues to have unhealthy levels of ozone pollution, therefore, raising the NNSR thresholds and lowering the offset requirements for the area is inappropriate. The commenter further states that our action will result ``in great expense and inefficiency: because some sources will not prevent pollution, they and other sources may have to retrofit at greater expense.'' The commenter asks the EPA to either disapprove the redesignation substitute or delay action until the underlying litigation is resolved. Response: The EPA disagrees with the commenter that it is inappropriate to approve redesignation substitutes for the DFW area for the 1-hour and the 1997 8-hour ozone standards. As the commenter noted, the EPA created the redesignation substitute in the 2008 ozone SIP Requirements Rule as one of two acceptable procedures through which a state may demonstrate that it is no longer required to adopt any additional applicable requirements for an area which have not already been approved into the SIP for a revoked ozone NAAQS. 80 FR 12264, 12304 (March 6, 2015). The EPA acknowledges that this rule has been challenged in the D.C. Circuit by the commenter. However, the rule has not been stayed pending resolution of the litigation, and as such, it is appropriate to continue to implement the 2008 ozone SIP Requirements Rule during the pendency of the litigation. The EPA believes the redesignation substitute is an appropriate mechanism because it serves as a successor to a redesignation to attainment, for which these areas would have been eligible if the EPA had not revoked the 1-hour and 1997 ozone standards. For a more detailed description of why the EPA has determined the DFW area has met the redesignation criteria for the revoked 1997 ozone standard, see 81 FR 33161 for the proposal and Technical Support Document. Upon approval of a redesignation substitute, a state may request to revise its SIP to shift regulatory anti-backsliding requirements contained in the active portion of the SIP to the contingency measures portion of the SIP, subject to a showing of consistency with the general anti-backsliding checks in CAA sections 110(l) and 193 (if applicable). The EPA approval of the redesignation substitute has the same effect on these areas' nonattainment regulatory anti-backsliding requirements as would a redesignation to attainment for the revoked standard. The EPA believes that, under any view of anti-backsliding for a revoked standard, it should not mean imposing requirements greater than those that would apply if the standard had not been revoked. An approvable redesignation substitute must include more than a determination of attainment of the prior NAAQS, and show that it addresses redesignation criteria for that NAAQS. Moreover, the state remains subject to ongoing requirements to meet the new more stringent 2008 ozone standard in that area. In this context, the EPA believes finalizing of this action is appropriate--it recognizes and supports Texas's progress in having attained the prior standards in the DFW area due to permanent and enforceable emissions reductions, and reinforces continued attainment by demonstrating that the DFW area can maintain the revoked standard. See 80 FR 12264, 12305. III. Final Action We find that Texas has successfully demonstrated it has met the requirements for approval of a redesignation substitute for the revoked 1-hour and the revoked 1997 8-hour ozone NAAQS for the DFW area. We are approving the redesignation substitute for the DFW area based on our determination that the demonstration provided by the State of Texas shows that the DFW area has attained the revoked 1-hour and the revoked 1997 8-hour ozone NAAQS due to permanent and enforceable emission reductions, and that it will maintain these NAAQS for ten years from the date of the EPA's approval of this demonstration. As we no longer redesignate nonattainment areas to attainment for the revoked 1-hour and the revoked 1997 8-hour ozone NAAQS, approval of the demonstration serves as a redesignation substitute under the EPA's implementing regulations. As a result of this action, Texas is no longer required to adopt any additional applicable 1-hour and 1997 8-hour ozone NAAQS requirements for the area which have not already been approved into the SIP (40 CFR 51.1105(b)(1)). It also allows the state to request that the EPA approve the shifting of planning and control requirements implemented pursuant to the 1-hour and the 1997 8-hour ozone NAAQS from the active portion of the SIP to the contingency measures portion of the SIP, upon a showing of consistency with CAA sections 110(l) and 193 (if applicable) (40 CFR 51.1105(b)(2)). IV. Statutory and Executive Order Reviews Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely approves a demonstration provided by the State of Texas and finds that the DFW area is no longer subject to the regulatory anti-backsliding requirements under the principles of CAA section 172(e) for the revoked 1-hour ozone and the revoked 1997 8-hour ozone NAAQS; and imposes no additional requirements. Accordingly, I certify that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule does not impose any additional enforceable duties, it 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). This rule also does not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely approves a demonstration provided by the State of Texas and find that the DFW area is no longer subject to the regulatory anti-backsliding requirements under the principles of CAA section 172(e) for the revoked 1-hour ozone and the revoked 1997 8- hour ozone NAAQS; and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. The rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). [[Page 78690]] Additionally, this rule does not involve establishment of technical standards, and thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. Executive Order 12898 (59 FR 7629, February 16, 1994) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. The EPA has determined that this rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 9, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Volatile organic compounds. 40 CFR Part 81 Environmental protection, Air pollution control. Authority: 42 U.S.C. 7401 et seq. Dated: October 27, 2016. Samuel Coleman, Acting Regional Administrator, Region 6. 40 CFR parts 52 and 81 are amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart SS--Texas 0 2. Section 52.2275 is amended by adding paragraph (m) to read as follows: Sec. 52.2275 Control strategy and regulations: Ozone. * * * * * (m) Approval of Redesignation Substitute for the Dallas-Fort Worth 1-hour Ozone and 1997 Ozone Nonattainment Areas. EPA has approved the redesignation substitute for the Dallas-Fort Worth 1-hour ozone and 1997 ozone nonattainment areas submitted by the State of Texas on August 18, 2015. The State is no longer being required to adopt any additional applicable to 1-hour ozone and 1997 ozone NAAQS requirements for the area. PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 0 3. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. 0 4. Section 81.344 is amended: 0 a. In the table entitled ``Texas--Ozone (1-Hour Standard)'' by revising the entries for ``Dallas-Fort Worth Area'' and adding footnote 3; and 0 b. In the table titled ``Texas--1997 8-Hour Ozone NAAQS (Primary and Secondary)'' by revising the entries for ``Dallas-Fort Worth, TX'' and adding footnotes 5 and 6. The revisions and additions read as follows: Sec. 81.344 Texas. * * * * * Texas--Ozone \2\ [1-Hour standard] -------------------------------------------------------------------------------------------------------------------------------------------------------- Designation Classification Designated area --------------------------------------------------------------------------------------------------------------- Date \1\ Type Date \1\ Type -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Dallas-Fort Worth Area: Collin County \3\................... 11/15/90 Nonattainment............................ 3/20/98 Serious. Dallas County \3\................... 11/15/90 Nonattainment............................ 3/20/98 Serious. Denton County \3\................... 11/15/90 Nonattainment............................ 3/20/98 Serious. Tarrant County \3\.................. 11/15/90 Nonattainment............................ 3/20/98 Serious. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ This date is October 18, 2000, unless otherwise noted. \2\ The 1-hour ozone standard is revoked effective June 15, 2005 for all areas in Texas except the San Antonio area where it is revoked effective April 15, 2009. \3\ A Redesignation Substitute was approved on November 8, 2016. * * * * * [[Page 78691]] Texas--1997 8-Hour Ozone NAAQS [Primary and secondary] -------------------------------------------------------------------------------------------------------------------------------------------------------- Designation \a\ Category/classification Designated area --------------------------------------------------------------------------------------------------------------- Date \1\ Type Date \1\ Type -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Dallas-Fort Worth, TX: Collin County 5 6................... ........... Nonattainment............................ (\5\) Subpart 2/Serious. Dallas County 5 6................... ........... Nonattainment............................ (\5\) Subpart 2/Serious. Denton County 5 6................... ........... Nonattainment............................ (\5\) Subpart 2/Serious. Ellis County 5 6.................... ........... Nonattainment............................ (\5\) Subpart 2/Serious. Johnson County 5 6.................. ........... Nonattainment............................ (\5\) Subpart 2/Serious. Kaufman County 5 6.................. ........... Nonattainment............................ (\5\) Subpart 2/Serious. Parker County 5 6................... ........... Nonattainment............................ (\5\) Subpart 2/Serious. Rockwall County 5 6................. ........... Nonattainment............................ (\5\) Subpart 2/Serious. Tarrant County 5 6.................. ........... Nonattainment............................ (\5\) Subpart 2/Serious. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- \a\ Includes Indian Country located in each county or area, except as otherwise specified. \1\ This date is June 15, 2004, unless otherwise noted. * * * * * * * \5\ Effective January 19, 2011. \6\ A Redesignation Substitute was approved on November 8, 2016. * * * * * [FR Doc. 2016-26585 Filed 11-7-16; 8:45 am] BILLING CODE 6560-50-P
![78688 Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Rules and Regulations
ENVIRONMENTAL PROTECTION reductions and that it will maintain major source thresholds and offset
AGENCY those NAAQS for ten years from the ratios, is updated without any
date of the EPA’s approval of this additional revision to the SIP.
40 CFR Parts 52 and 81 demonstration. Final approval of the Therefore, the EPA’s approval of the
[EPA–R06–OAR–2015–0721; FRL–9953–93– redesignation substitute results in the redesignation substitute automatically
Region 6] area no longer being subject to any updates the applicable NNSR
remaining applicable anti-backsliding requirements. Following finalization of
Clean Air Act Redesignation Substitute requirements, including nonattainment this rule, the NNSR requirements
for the Dallas-Fort Worth 1-Hour Ozone new source review associated with the applicable in the DFW area will be in
and 1997 8-Hour Ozone Nonattainment revoked NAAQS. In general, final accordance with the DFW area’s current
Areas; Texas approval of the redesignation substitute classification for the 2008 ozone
allows Texas to seek to revise the Texas NAAQS for newly permitted sources.1
AGENCY: Environmental Protection State Implementation Plan (SIP) for the We note that approval of this
Agency (EPA). area to remove anti-backsliding redesignation substitute does not relieve
ACTION: Final rule. measures from the active portion of its sources in the area of their obligations
SIP if it can demonstrate, pursuant to under previously established permit
SUMMARY: The Environmental Protection CAA section 110(1), that such revision conditions.2 81 FR 33161, 33165. The
Agency (EPA) is approving a would not interfere with attainment or Texas SIP includes a suite of approved
redesignation substitute and making maintenance of any applicable NAAQS, permitting regulations for the Minor and
finding of attainment for both the or any other requirement of the CAA. Major NSR, which will continue to
revoked 1-hour and the revoked 1997 8- Because the EPA believes Texas does apply after approval of the redesignation
hour ozone National Ambient Air not need to revise its SIP to alter certain substitute in the DFW area. Each of
Quality Standards (NAAQS) for the provisions for NNSR effective in the these programs has been evaluated and
Dallas-Fort Worth ozone nonattainment DFW area, the offset and threshold approved by EPA as consistent with the
areas (DFW area). requirements applicable in the DFW requirements of the CAA and protective
DATES: This rule is effective on area for NNSR will be automatically of air quality, including the
December 8, 2016. altered upon finalization of the requirements at 40 CFR 51.160 whereby
ADDRESSES: The EPA has established a redesignation substitute. the TCEQ cannot issue a permit or
docket for this action under Docket ID We received comments on the authorize an activity that will result in
No. EPA–R06–OAR–2015–0721. All proposal from three commenters. Our a violation of applicable portions of the
documents in the docket are listed on response to the comments is below. control strategy or that will interfere
the http://www.regulations.gov Web II. Response to Comments with attainment or maintenance of a
site. Although listed in the index, some national standard. So moving forward to
Comment: Two commenters a time when the DFW area has a
information is not publicly available,
recognized the progress of the area and moderate designation as the only
e.g., Confidential Business Information
the work of TCEQ in making such applicable nonattainment designation,
or other information whose disclosure is
significant air quality improvements in new sources and modifications will
restricted by statute. Certain other
the DFW area and urged the EPA to continue to be permitted and authorized
material, such as copyrighted material,
finalize this action to reflect the changes under the existing SIP requirements if
is not placed on the Internet and will be
in the area. they are determined to be protective of
publicly available only in hard copy Response: We agree with the
form. Publicly available docket air quality.
commenters that DFW area has made The EPA agrees that approval of the
materials are available either progress in meeting air quality
electronically through http:// redesignation substitute will result in
standards. No changes were made to the the DFW area no longer being subject to
www.regulations.gov or in hard copy at final action based on these comments.
the EPA Region 6, 1445 Ross Avenue, the regulatory anti-backsliding
Comment: One of the supportive requirements for the 1997 ozone
Suite 700, Dallas, Texas 75202–2733. commenters urged the EPA to approve standard established pursuant to the
FOR FURTHER INFORMATION CONTACT: revisions to the Texas SIP to reflect principles of CAA section 172(e).
Tracie Donaldson, 214–665–6633, changes to certain provisions for the However if an anti-backsliding
Donaldson.tracie@epa.gov. NNSR program effective in the DFW provision is in the Texas SIP and needs
SUPPLEMENTARY INFORMATION: area as a result of the EPA’s approval of to be changed to reflect the change in
Throughout this document ‘‘we,’’ ‘‘us,’’ the redesignation substitute. The this area’s status, such change is subject
and ‘‘our’’ means the EPA. commenter also asserted that approval to the SIP revision process, which in
of the redesignation substitute will turn is subject to review under CAA
I. Background
result in the area no longer being subject sections 110 and 193, if applicable. To
The background for this action is to any remaining applicable anti- date, Texas has not submitted a SIP
discussed in detail in our May 25, 2016 backsliding requirements. revision concerning any anti-
proposal (81 FR 33161). In that Response: Due to the drafting of the backsliding provisions for the EPA’s
document we proposed to approve a Texas SIP, no revision is necessary to consideration.
redesignation substitute and make a alter NNSR requirements applicable in Comment: One commenter objected to
finding of attainment for both the 1-hour the DFW area following finalization of the use of the redesignation substitute
and the 1997 8-hour ozone NAAQS for this redesignation substitute. The NNSR mechanism and the implications of such
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the Dallas-Fort Worth 1-hour and 1997 provisions in the existing Texas SIP an action. The commenter incorporates
8-hour ozone nonattainment areas (DFW contains a provision that cross-
areas). The redesignation substitute references the designation of the area to 1 See Section D of the TSD for this action in the
demonstration indicates that the area 40 CFR part 81. See 30 TAC section docket for this rulemaking for additional
information.
has attained the revoked 1-hour and the 101.1(71). Because of the structure of 2 See Final Implementation Rule for 2008 Ozone
revoked 1997 8-hour ozone NAAQS due this provision the identification of an Standard, 80 FR 12264, at 12299, footnote 83 and
to permanent and enforceable emission area’s classification, and thus the related at 12304, footnote 91.
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Additionally, this rule does not involve of such rule or action. This action may (m) Approval of Redesignation
establishment of technical standards, not be challenged later in proceedings to Substitute for the Dallas-Fort Worth 1-
and thus, the requirements of section enforce its requirements. See section hour Ozone and 1997 Ozone
12(d) of the National Technology 307(b)(2). Nonattainment Areas. EPA has
Transfer and Advancement Act of 1995 approved the redesignation substitute
List of Subjects
(15 U.S.C. 272 note) do not apply. for the Dallas-Fort Worth 1-hour ozone
Executive Order 12898 (59 FR 7629, 40 CFR Part 52 and 1997 ozone nonattainment areas
February 16, 1994) establishes Federal Environmental protection, Air submitted by the State of Texas on
executive policy on environmental pollution control, Incorporation by August 18, 2015. The State is no longer
justice. Its main provision directs reference, Intergovernmental relations, being required to adopt any additional
Federal agencies, to the greatest extent Nitrogen dioxide, Ozone, Volatile applicable to 1-hour ozone and 1997
practicable and permitted by law, to organic compounds. ozone NAAQS requirements for the
make environmental justice part of their
mission by identifying and addressing, 40 CFR Part 81 area.
as appropriate, disproportionately high Environmental protection, Air PART 81—DESIGNATION OF AREAS
and adverse human health or pollution control. FOR AIR QUALITY PLANNING
environmental effects of their programs, Authority: 42 U.S.C. 7401 et seq. PURPOSES
policies, and activities on minority
populations and low-income Dated: October 27, 2016.
populations in the United States. The Samuel Coleman, ■ 3. The authority citation for part 81
EPA has determined that this rule will Acting Regional Administrator, Region 6. continues to read as follows:
not have disproportionately high and 40 CFR parts 52 and 81 are amended Authority: 42 U.S.C. 7401, et seq.
adverse human health or environmental as follows:
effects on minority or low-income ■ 4. Section 81.344 is amended:
populations because it does not affect PART 52—APPROVAL AND ■ a. In the table entitled ‘‘Texas—Ozone
the level of protection provided to PROMULGATION OF (1-Hour Standard)’’ by revising the
human health or the environment. IMPLEMENTATION PLANS entries for ‘‘Dallas-Fort Worth Area’’
Under section 307(b)(1) of the Clean and adding footnote 3; and
Air Act, petitions for judicial review of ■ 1. The authority citation for part 52
this action must be filed in the United continues to read as follows: ■ b. In the table titled ‘‘Texas—1997 8-
States Court of Appeals for the Authority: 42 U.S.C. 7401 et seq. Hour Ozone NAAQS (Primary and
appropriate circuit by January 9, 2017. Secondary)’’ by revising the entries for
Filing a petition for reconsideration by Subpart SS—Texas ‘‘Dallas-Fort Worth, TX’’ and adding
the Administrator of this final rule does footnotes 5 and 6.
■ 2. Section 52.2275 is amended by
not affect the finality of this action for adding paragraph (m) to read as follows: The revisions and additions read as
the purposes of judicial review nor does follows:
it extend the time within which a § 52.2275 Control strategy and
petition for judicial review may be filed, regulations: Ozone. § 81.344 Texas.
and shall not postpone the effectiveness * * * * * * * * * *
TEXAS—OZONE 2
[1-Hour standard]
Designation Classification
Designated area
Date 1 Type Date 1 Type
* * * * * * *
Dallas-Fort Worth Area:
Collin County 3 .................................................................. 11/15/90 Nonattainment ............... 3/20/98 Serious.
Dallas County 3 ................................................................. 11/15/90 Nonattainment ............... 3/20/98 Serious.
Denton County 3 ............................................................... 11/15/90 Nonattainment ............... 3/20/98 Serious.
Tarrant County 3 ............................................................... 11/15/90 Nonattainment ............... 3/20/98 Serious.
* * * * * * *
1 Thisdate is October 18, 2000, unless otherwise noted.
2 The1-hour ozone standard is revoked effective June 15, 2005 for all areas in Texas except the San Antonio area where it is revoked effec-
tive April 15, 2009.
3 A Redesignation Substitute was approved on November 8, 2016.
* * * * *
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TEXAS—1997 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation a Category/classification
Designated area
Date 1 Type Date 1 Type
* * * * * * *
Dallas-Fort Worth, TX:
Collin County 5 6 ................................................................ .................... Nonattainment ............... (5) Subpart 2/Serious.
Dallas County 5 6 ............................................................... .................... Nonattainment ............... (5) Subpart 2/Serious.
Denton County 5 6 ............................................................. .................... Nonattainment ............... (5) Subpart 2/Serious.
Ellis County 5 6 .................................................................. .................... Nonattainment ............... (5) Subpart 2/Serious.
Johnson County 5 6 ........................................................... .................... Nonattainment ............... (5) Subpart 2/Serious.
Kaufman County 5 6 .......................................................... .................... Nonattainment ............... (5) Subpart 2/Serious.
Parker County 5 6 .............................................................. .................... Nonattainment ............... (5) Subpart 2/Serious.
Rockwall County 5 6 .......................................................... .................... Nonattainment ............... (5) Subpart 2/Serious.
Tarrant County 5 6 ............................................................. .................... Nonattainment ............... (5) Subpart 2/Serious.
* * * * * * *
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
* * * * * * *
5 Effective January 19, 2011.
6 A Redesignation Substitute was approved on November 8, 2016.
* * * * * publicly available only in hard copy portion of its SIP if it can demonstrate,
[FR Doc. 2016–26585 Filed 11–7–16; 8:45 am] form. Publicly available docket pursuant to CAA section 110(1), that
BILLING CODE 6560–50–P materials are available either such revision would not interfere with
electronically through http:// attainment or maintenance of any
www.regulations.gov or in hard copy at applicable NAAQS, or any other
ENVIRONMENTAL PROTECTION the EPA Region 6, 1445 Ross Avenue, requirement of the CAA. Because the
AGENCY Suite 700, Dallas, Texas 75202–2733. EPA believes Texas does not need to
FOR FURTHER INFORMATION CONTACT: revise its SIP to alter certain provisions
40 CFR Parts 52 and 81 for NNSR effective in the HGB area, the
Tracie Donaldson, 214–665–6633,
[EPA–R06–OAR–2015–0609; FRL–9953–89– Donaldson.tracie@epa.gov. offset and threshold requirements
Region 6] applicable in the HGB area for NNSR
SUPPLEMENTARY INFORMATION:
will be automatically altered upon
Clean Air Act Redesignation Substitute Throughout this document ‘‘we,’’ ‘‘us,’’ finalization of the redesignation
for the Houston-Galveston-Brazoria and ‘‘our’’ means the EPA. substitute.
1997 8-Hour Ozone Nonattainment I. Background We previously approved a HGB area
Area; Texas redesignation substitute for the revoked
The background for this action is 1-hour ozone standard (80 FR 63429). In
AGENCY: Environmental Protection discussed in detail in our May 25, 2016
Agency (EPA). this action, we are also finalizing a non-
proposal (81 FR 33166). In that substantive technical correction to 40
ACTION: Final rule. document we proposed to approve a CFR 81.344 to reflect this approval.
redesignation substitute and make a We received comments on the
SUMMARY: The Environmental Protection finding of attainment for the 1997 8-
Agency (EPA) is approving a proposal from five commenters. Our
hour ozone NAAQS for the Houston- response to the comments are below.
redesignation substitute and making a Galveston-Brazoria ozone
finding of attainment for the revoked nonattainment area (HGB area). The II. Response to Comments
1997 8-hour ozone National Ambient redesignation substitute demonstration Comment: Three commenters
Air Quality Standard (NAAQS) for the indicates that the area has attained the recognized the progress of the area and
Houston-Galveston-Brazoria ozone revoked 1997 8-hour ozone NAAQS due the work of TCEQ in making such
nonattainment area (HGB area). to permanent and enforceable emission significant air quality improvements in
DATES: This rule is effective on reductions and that it will maintain that the HGB area and urged the EPA to
December 8, 2016. NAAQS for ten years from the date of finalize this action to reflect the changes
ADDRESSES: The EPA has established a the EPA’s approval of this in the area.
docket for this action under Docket ID demonstration. Final approval of the Response: We agree with the
No. EPA–R06–OAR–2015–0609. All redesignation substitute results in the commenters that HGB area has made
documents in the docket are listed on area no longer being subject to any progress in meeting air quality
the http://www.regulations.gov Web remaining applicable anti-backsliding standards. No changes were made to the
mstockstill on DSK3G9T082PROD with RULES2
site. Although listed in the index, some requirements, including nonattainment final action based on these comments.
information is not publicly available, new source review, associated with the Comment: One of the supportive
e.g., Confidential Business Information revoked NAAQS. In general, final commenters urged the EPA to approve
or other information whose disclosure is approval of the redesignation substitute revisions to the Texas SIP to reflect
restricted by statute. Certain other allows Texas to seek to revise the Texas changes to certain provisions for the
material, such as copyrighted material, SIP for the area to remove anti- NNSR program effective in the HGB area
is not placed on the Internet and will be backsliding measures from the active as a result of the EPA’s approval of the
VerDate Sep<11>2014 16:32 Nov 07, 2016 Jkt 241001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\08NOR2.SGM 08NOR2](https://thefederalregister.org/doc/81_FR_78904/page/4.svg)
Document Created: 2018-02-14 08:23:37
Document Modified: 2018-02-14 08:23:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on December 8, 2016. | |
| Contact | Tracie Donaldson, 214-665-6633, [email protected] | |
| FR Citation | 81 FR 78688 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Volatile Organic Compounds |
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