81 FR 88124 - Approval and Promulgation of Implementation Plans; Texas; Reasonable Further Progress Plan and Motor Vehicle Emissions Budgets for the Dallas/Fort Worth 2008 Ozone Nonattainment Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 235 (December 7, 2016)
Federal Register Volume 81, Issue 235 (December 7, 2016)
| Page Range | 88124-88125 | |
| FR Document | 2016-29274 |
[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)] [Rules and Regulations] [Pages 88124-88125] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29274] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2015-0495; FRL-9955-52-Region 6] Approval and Promulgation of Implementation Plans; Texas; Reasonable Further Progress Plan and Motor Vehicle Emissions Budgets for the Dallas/Fort Worth 2008 Ozone Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving the Dallas/Fort Worth (DFW) moderate nonattainment area Reasonable Further Progress (RFP) State Implementation Plan (SIP) revision for the 2008 ozone National Ambient Air Quality Standard (NAAQS or standard). EPA is also approving revisions to the 2011 base year emissions inventory for the DFW moderate nonattainment area for the 2008 ozone NAAQS, the 2017 transportation conformity motor vehicle emissions budgets (MVEBs), and the required contingency measures for failure to meet RFP. This action is being taken under the Clean Air Act (CAA). DATES: This rule is effective on January 6, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2015-0495. 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: Wendy Jacques, 214-665-7395, [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 September 20, 2016 proposal (81 FR 64372). In that document we proposed to approve the DFW RFP SIP revision for the 2008 ozone standard submitted by the State of Texas. EPA also proposed to approve revisions to the 2011 base year emissions inventory for the DFW moderate nonattainment area for the 2008 ozone NAAQS, the 2017 transportation conformity motor vehicle emissions budgets (MVEBs), and the required contingency measures for failure to meet RFP. We did not receive any comments regarding our proposal. II. Final Action We are approving the DFW RFP SIP revision for the 2008 ozone standard that was submitted on July 10, 2015 and supplemented on April 22, 2016. We are approving the revised base year emission inventory, the RFP plan, the 2017 MVEBs and the required contingency measures for failure to meet RFP. The 2017 MVEBs are listed in Table 1. Table 1--DFW RFP MVEBs [Tons per day] ------------------------------------------------------------------------ Year NOX VOC ------------------------------------------------------------------------ 2017.................................. 148.36 77.18 ------------------------------------------------------------------------ This action is being taken under section 110 of the CAA. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the [[Page 88125]] Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 6, 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 in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: December 1, 2016. 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 a new entry at the end for ``DFW Reasonable Further Progress SIP Revision for the 2008 Ozone Standard'' to read as follows. Sec. 52.2270 Identification of plan. * * * * * (e) * * * EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP ---------------------------------------------------------------------------------------------------------------- Applicable State Name of SIP provision geographic or submittal/ EPA approval date Comments nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * DFW Reasonable Further Progress Collin, Dallas, 7/10/2015 12/7/2016 [Insert Supplement (RFP) Plan, RFP Contingency Denton, Ellis, Federal Register submitted on April Measures, RFP Motor Vehicle Johnson, Kaufman, citation]. 22, 2016. Emission Budgets for 2017, and Parker, Rockwall, Revised 2011 Base Year Emissions Tarrant and Wise Inventory for the 2008 Ozone Counties, TX. NAAQS. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-29274 Filed 12-6-16; 8:45 am] BILLING CODE 6560-50-P
![88124 Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations
TABLE 1—COMPETITIVE PRODUCTS INCOME STATEMENT—PRC FORM CP–01—Continued
[$ in 000s]
Percent
Change from
FY 20xx FY 20xx–1 change from
SPLY SPLY
(6) Incremental Inframarginal Costs ......................................................... x,xxx x,xxx xxx xx.x
(7) Total Competitive Products Attributable Costs ................................... x,xxx x,xxx xxx xx.x
(8) Net Contribution Competitive Products Market Tests ........................ x,xxx x,xxx xxx xx.x
(9) Net Income Before Institutional Cost Contribution ............................. x,xxx x,xxx xxx ........................
(10) Required Institutional Cost Contribution ........................................... x,xxx x,xxx xxx x.x.x
(11) Net Income (Loss) Before Tax .......................................................... x,xxx x,xxx xxx xx.x
(12) Assumed Federal Income Tax .......................................................... x,xxx x,xxx xxx xx.x
(13) Net Income (Loss) After Tax ............................................................. x,xxx x,xxx xxx xx.x
Line (1): Total revenues from Competitive Products volumes and Ancillary Services.
Line (2): Income provided from investment of surplus Competitive Products revenues.
Line (3): Sum total of revenues from Competitive Products volumes, services, and investments.
Line (4): Total Competitive Products volume-variable costs as shown in the Cost and Revenue Analysis (CRA) report.
Line (5): Total Competitive Products product-specific costs as shown in the CRA report.
Line (6): Inframarginal costs calculated as part of total Competitive Products incremental costs as shown in ACR Library Reference ‘‘Competi-
tive Product Incremental and Group Specific Costs’’ (Currently NP10).
Line (7): Sum total of Competitive Products costs (sum of lines 4, 5, and 6).
Line (8) Net Contribution Competitive Products Market Tests as shown in the Annual Compliance Report.
Line (9): Difference between Competitive Products total revenues and attributable costs and Market Tests Contributions (line 3 less line 7 plus
line 8).
Line (10): Minimum amount of Institutional cost contribution required under 39 CFR 3015.7 of this chapter.
Line (11): Line 9 less line 10.
Line (12): Total assumed Federal income tax as calculated under 39 CFR 3060.40.
Line (13): Line 11 less line 12.
[FR Doc. 2016–29270 Filed 12–6–16; 8:45 am] failure to meet RFP. This action is being of Texas. EPA also proposed to approve
BILLING CODE 7710–FW–P taken under the Clean Air Act (CAA). revisions to the 2011 base year
DATES: This rule is effective on January emissions inventory for the DFW
6, 2017. moderate nonattainment area for the
ADDRESSES: The EPA has established a
2008 ozone NAAQS, the 2017
ENVIRONMENTAL PROTECTION transportation conformity motor vehicle
AGENCY docket for this action under Docket ID
No. EPA–R06–OAR–2015–0495. All emissions budgets (MVEBs), and the
documents in the docket are listed on required contingency measures for
40 CFR Part 52
the http://www.regulations.gov Web failure to meet RFP. We did not receive
site. Although listed in the index, some any comments regarding our proposal.
[EPA–R06–OAR–2015–0495; FRL–9955–52–
Region 6] information is not publicly available, II. Final Action
e.g., Confidential Business Information
Approval and Promulgation of We are approving the DFW RFP SIP
or other information whose disclosure is
Implementation Plans; Texas; revision for the 2008 ozone standard
restricted by statute. Certain other
Reasonable Further Progress Plan and that was submitted on July 10, 2015 and
material, such as copyrighted material,
Motor Vehicle Emissions Budgets for supplemented on April 22, 2016. We are
is not placed on the Internet and will be
the Dallas/Fort Worth 2008 Ozone approving the revised base year
publicly available only in hard copy
Nonattainment Area emission inventory, the RFP plan, the
form. Publicly available docket
2017 MVEBs and the required
AGENCY: Environmental Protection materials are available either
contingency measures for failure to meet
Agency (EPA). electronically through http://
RFP. The 2017 MVEBs are listed in
www.regulations.gov or in hard copy at
ACTION: Final rule. Table 1.
the EPA Region 6, 1445 Ross Avenue,
SUMMARY: The Environmental Protection Suite 700, Dallas, Texas 75202–2733.
TABLE 1—DFW RFP MVEBS
Agency (EPA) is approving the Dallas/ FOR FURTHER INFORMATION CONTACT:
[Tons per day]
Fort Worth (DFW) moderate Wendy Jacques, 214–665–7395,
nonattainment area Reasonable Further jacques.wendy@epa.gov. Year NOX VOC
Progress (RFP) State Implementation SUPPLEMENTARY INFORMATION:
Plan (SIP) revision for the 2008 ozone Throughout this document ‘‘we,’’ ‘‘us,’’ 2017 .......... 148.36 77.18
National Ambient Air Quality Standard and ‘‘our’’ means the EPA.
asabaliauskas on DSK3SPTVN1PROD with RULES
(NAAQS or standard). EPA is also This action is being taken under
approving revisions to the 2011 base I. Background section 110 of the CAA.
year emissions inventory for the DFW The background for this action is
III. Statutory and Executive Order
moderate nonattainment area for the discussed in detail in our September 20,
Reviews
2008 ozone NAAQS, the 2017 2016 proposal (81 FR 64372). In that
transportation conformity motor vehicle document we proposed to approve the Under the CAA, the Administrator is
emissions budgets (MVEBs), and the DFW RFP SIP revision for the 2008 required to approve a SIP submission
required contingency measures for ozone standard submitted by the State that complies with the provisions of the
VerDate Sep<11>2014 16:02 Dec 06, 2016 Jkt 241001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\07DER1.SGM 07DER1](https://thefederalregister.org/doc/81_FR_88359/page/1.svg)
![Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations 88125
Act and applicable Federal regulations. be inconsistent with the Clean Air Act; Administrator of this final rule does not
42 U.S.C. 7410(k); 40 CFR 52.02(a). and affect the finality of this action for the
Thus, in reviewing SIP submissions, the • Does not provide EPA with the purposes of judicial review nor does it
EPA’s role is to approve state choices, discretionary authority to address, as extend the time within which a petition
provided that they meet the criteria of appropriate, disproportionate human for judicial review may be filed, and
the CAA. Accordingly, this action health or environmental effects, using shall not postpone the effectiveness of
merely approves state law as meeting practicable and legally permissible such rule or action. This action may not
Federal requirements and does not methods, under Executive Order 12898 be challenged later in proceedings to
impose additional requirements beyond (59 FR 7629, February 16, 1994). enforce its requirements. (See section
those imposed by state law. For that In addition, the SIP is not approved 307(b)(2).)
reason, this action: to apply on any Indian reservation land
• Is not a ‘‘significant regulatory List of Subjects in 40 CFR Part 52
or in any other area where EPA or an
action’’ subject to review by the Office Indian tribe has demonstrated that a Environmental protection, Air
of Management and Budget under tribe has jurisdiction. In those areas of pollution control, Incorporation by
Executive Orders 12866 (58 FR 51735, Indian country, the rule does not have reference, Intergovernmental relations,
October 4, 1993) and 13563 (76 FR 3821, tribal implications and will not impose Ozone, Reporting and recordkeeping
January 21, 2011); substantial direct costs on tribal requirements, Volatile organic
• Does not impose an information governments or preempt tribal law as compounds.
collection burden under the provisions specified by Executive Order 13175 (65
of the Paperwork Reduction Act (44 Dated: December 1, 2016.
FR 67249, November 9, 2000). Ron Curry,
U.S.C. 3501 et seq.); The Congressional Review Act, 5
• Is certified as not having a Regional Administrator, Region 6.
U.S.C. 801 et seq., as added by the Small
significant economic impact on a
Business Regulatory Enforcement 40 CFR part 52 is amended as follows:
substantial number of small entities
Fairness Act of 1996, generally provides
under the Regulatory Flexibility Act (5
that before a rule may take effect, the PART 52—APPROVAL AND
U.S.C. 601 et seq.);
• Does not contain any unfunded agency promulgating the rule must PROMULGATION OF
mandate or significantly or uniquely submit a rule report, which includes a IMPLEMENTATION PLANS
affect small governments, as described copy of the rule, to each House of the
in the Unfunded Mandates Reform Act Congress and to the Comptroller General ■ 1. The authority citation for part 52
of 1995 (Pub. L. 104–4); of the United States. EPA will submit a continues to read as follows:
• Does not have Federalism report containing this action and other Authority: 42 U.S.C. 7401 et seq.
implications as specified in Executive required information to the U.S. Senate,
Order 13132 (64 FR 43255, August 10, the U.S. House of Representatives, and Subpart SS—Texas
1999); the Comptroller General of the United
• Is not an economically significant States prior to publication of the rule in ■ 2. In § 52.2270 (e), the second table
regulatory action based on health or the Federal Register. A major rule titled ‘‘EPA Approved Nonregulatory
safety risks subject to Executive Order cannot take effect until 60 days after it Provisions and Quasi-Regulatory
13045 (62 FR 19885, April 23, 1997); is published in the Federal Register. Measures in the Texas SIP’’ is amended
• Is not a significant regulatory action This action is not a ‘‘major rule’’ as by adding a new entry at the end for
subject to Executive Order 13211 (66 FR defined by 5 U.S.C. 804(2). ‘‘DFW Reasonable Further Progress SIP
28355, May 22, 2001); Under section 307(b)(1) of the CAA, Revision for the 2008 Ozone Standard’’
• Is not subject to requirements of petitions for judicial review of this to read as follows.
section 12(d) of the National action must be filed in the United States
Technology Transfer and Advancement Court of Appeals for the appropriate § 52.2270 Identification of plan.
Act of 1995 (15 U.S.C. 272 note) because circuit by February 6, 2017. Filing a * * * * *
application of those requirements would petition for reconsideration by the (e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
State
Applicable geographic or non- submittal/
Name of SIP provision EPA approval date Comments
attainment area effective
date
* * * * * * *
DFW Reasonable Further Collin, Dallas, Denton, Ellis, 7/10/2015 12/7/2016 [Insert Federal Supplement submitted on
Progress (RFP) Plan, RFP Johnson, Kaufman, Parker, Register citation]. April 22, 2016.
Contingency Measures, Rockwall, Tarrant and Wise
RFP Motor Vehicle Emis- Counties, TX.
sion Budgets for 2017, and
Revised 2011 Base Year
asabaliauskas on DSK3SPTVN1PROD with RULES
Emissions Inventory for the
2008 Ozone NAAQS.
[FR Doc. 2016–29274 Filed 12–6–16; 8:45 am]
BILLING CODE 6560–50–P
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Document Created: 2016-12-07 05:31:44
Document Modified: 2016-12-07 05:31:44
| 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 January 6, 2017. | |
| Contact | Wendy Jacques, 214-665-7395, [email protected] | |
| FR Citation | 81 FR 88124 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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