82_FR_27235 82 FR 27122 - Approval and Promulgation of Implementation Plans; Texas; Clean Air Act Requirements for Vehicle Inspection and Maintenance and Nonattainment New Source Review

82 FR 27122 - Approval and Promulgation of Implementation Plans; Texas; Clean Air Act Requirements for Vehicle Inspection and Maintenance and Nonattainment New Source Review

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 113 (June 14, 2017)

Page Range27122-27125
FR Document2017-12210

Pursuant to the Federal Clean Air Act (CAA or Act), the Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Texas for the 2008 8-hour ozone national ambient air quality standards (NAAQS). The SIP revision being approved pertains to CAA 2008 ozone NAAQS requirements for vehicle inspection and maintenance (I/M) and nonattainment new source review (NNSR) in the Dallas/Fort Worth ozone nonattainment area (DFW area).

Federal Register, Volume 82 Issue 113 (Wednesday, June 14, 2017)
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27122-27125]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12210]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0833; FRL-9962-48-Region 6]


Approval and Promulgation of Implementation Plans; Texas; Clean 
Air Act Requirements for Vehicle Inspection and Maintenance and 
Nonattainment New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or Act), the 
Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Texas for 
the 2008 8-hour ozone national ambient air quality standards (NAAQS). 
The SIP revision being approved pertains to CAA 2008 ozone NAAQS 
requirements for vehicle inspection and maintenance (I/M) and 
nonattainment new source review (NNSR) in the Dallas/Fort Worth ozone 
nonattainment area (DFW area).

DATES: This rule is effective on September 12, 2017 without further 
notice, unless the EPA receives relevant adverse comment by July 14, 
2017. If the EPA receives such comment, the EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0833, at http://www.regulations.gov or via email to 
[email protected]. 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 Carl Young, 214-665-6645, 
[email protected]. 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: Mr. Carl Young, 214-665-6645, 
[email protected]. To inspect the hard copy materials, please schedule 
an

[[Page 27123]]

appointment with Mr. Young or Mr. Bill Deese at 214-665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' 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) to provide increased 
protection of public health and the environment (73 FR 16436, March 27, 
2008). The 2008 8-hour ozone NAAQS replaced the 1997 8-hour ozone NAAQS 
of 0.08 ppm. The DFW area was classified as a ``Moderate'' ozone 
nonattainment area for the 2008 8-hour ozone NAAQS and initially given 
an attainment date of no later than December 31, 2018 (77 FR 30088 and 
77 FR 30160, May 21, 2012). The DFW area consists of Collin, Dallas, 
Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant and Wise 
counties.
    On December 23, 2014, the D.C. Circuit Court 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 Moderate ozone nonattainment 
areas, including the DFW area as July 20, 2018 (80 FR 12264, March 6, 
2015).
    On July 10, 2015, Texas submitted a SIP revision for the DFW area 
based on an attainment date of December 31, 2018. Texas further revised 
the SIP to address an attainment date of July 20, 2018 and submitted it 
on August 5, 2016. Copies of the SIP revisions are available at 
www.regulations.gov, Docket number EPA-R06-OAR-2015-0833.
    As a moderate ozone nonattainment area and under the anti-
backsliding requirements of the previous standards, Texas is required 
to implement I/M and NNSR programs. These were also requirements under 
the previous ozone standards. In the August 5, 2016 SIP revision Texas 
discusses these requirements and noted: (1) That the DFW area meets the 
CAA requirements to implement an I/M program and (2) since the Dallas/
Fort Worth 1997 ozone nonattainment area was not redesignated to 
attainment prior to the revocation of the 1979 1-hour ozone NAAQS and 
the 1997 ozone NAAQS, anti-backsliding NNSR requirements for Serious 
areas still apply. Texas also noted that a redesignation substitute 
demonstration was submitted for the 1997 ozone NAAQS to satisfy anti-
backsliding requirements for the revoked NAAQS in the DFW area. Anti-
backsliding requirements ensure air quality in nonattainment areas does 
not get worse after an air quality standard is revoked (81 FR 81276, 
81288, November 17, 2016). The EPA approved Texas SIP (Texas SIP) that 
incorporates by reference the state's regulations can be found at 40 
CFR 52.2270(c).

II. EPA's Evaluation

A. CAA Requirements for I/M in the DFW Area

    I/M refers to the inspection and maintenance programs for in-use 
vehicles required under the CAA. The applicable requirements for ozone 
nonattainment areas that are required to adopt I/M programs are 
described in CAA sections 182(a)(2)(B), 182(b)(4), 182(c)(3), and 
184(b)(1)(A) and further defined in 40 CFR 51.350 (``Applicability'') 
of the I/M rule (40 CFR part 51, subpart S). Under these cumulative 
requirements, Moderate ozone nonattainment areas in urbanized areas 
with 1990 Census populations of 200,000 or more are required to adopt 
basic I/M programs, while Serious and higher classified ozone 
nonattainment areas outside of the northeast Ozone Transport Region 
with 1980 Census-defined urbanized populations of 200,000 or more are 
required to adopt enhanced I/M programs (40 CFR 51.350(a)(2) and (4)).
    Previously, we revoked (1) the 1979 1-hour ozone NAAQS (69 FR 
23951, April 30, 2004 and 70 FR 44470, August 3, 2005) and (2) the 1997 
8-hour ozone NAAQS (80 FR 12264, March 6, 2015). Because the DFW area 
was classified as Serious nonattainment for these revoked ozone NAAQS, 
an enhanced I/M program is required in the DFW area for anti-
backsliding purposes (40 CFR 51.1100(o)). Ozone classifications can be 
found in CAA section 181 and 40 CFR 51.1103. The Serious classification 
is one classification higher than the Moderate classification.
    The Texas SIP includes 30 TAC Section 114.2 (Inspection and 
Maintenance Definitions) and 30 TAC Section 114.50 (Vehicle Emissions 
Inspection Requirements) except for 30 TAC Section 114.50(b)(2). In a 
2001 final rule, we did not approve 30 TAC Section 114.50(b)(2) as part 
of the Texas SIP as (1) it placed an additional reporting burden upon 
commanders at Federal facilities regarding affected Federal vehicles 
that is not imposed upon any other affected non-federal vehicle and (2) 
additional reporting requirement is not an essential element for an 
approvable I/M program, since affected Federal vehicles are also 
subject to the same reporting requirements as other affected non-
federal vehicles (66 FR 57261, 57262, November 14, 2001).
    Under these provisions Collin, Dallas, Denton, Ellis, Johnson, 
Kaufman, Parker, Rockwall and Tarrant counties are included in an 
enhanced I/M program. An enhanced program is required for anti-
backsliding purposes since these counties were classified as Serious 
nonattainment for the 1997 8-hour ozone NAAQS (75 FR 79302, December 
20, 2010). The program requires that gasoline powered light-duty 
vehicles, and light and heavy-duty trucks between two and twenty-four 
years old, that are registered or required to be registered in the I/M 
program area, including fleets, are subject to annual inspection and 
testing. Wise County is not required to be included in the I/M program 
as it is not included in the urbanized area. See www2.census.gov/geo/pdfs/reference/ua/1990uas.pdf and www.census.gov/population/metro/files/lists/historical/90mfips.txt. Therefore, since the provisions in 
the Texas SIP already include the CAA I/M requirements for the DFW 
area, we are approving this portion of the SIP revisions.

B. CAA Requirements for NNSR in the DFW Area

    The applicable NNSR requirements for the various ozone 
nonattainment classifications are described in CAA section 182 and 
further defined in 40 CFR part 51, subpart I (Review of New Sources and 
Modifications). Under these requirements new major sources or major 
modifications at existing sources in an ozone nonattainment area must 
comply with the lowest achievable emission rate and obtain sufficient 
emission offsets. The emission offset ratio required for Moderate ozone 
nonattainment areas is 1.15 to 1 (CAA section 182(b)(5)).
    The Texas SIP includes 30 TAC Section 116.12 (Nonattainment and 
Prevention of Significant Deterioration Review Definitions) and 30 TAC 
Section 116.150 (New Major Source or Major Modification in Ozone 
Nonattainment Area). These provisions require new major sources or 
major modifications at existing sources in the DFW area to comply with 
the lowest achievable emission rate and obtain emission offsets at the 
Moderate classification ratio of 1.15 to 1. Therefore, since the 
provisions in the Texas SIP already include the CAA NNSR requirements

[[Page 27124]]

for ozone nonattainment areas classified as Moderate, we are approving 
this portion of the SIP revision.
    We note that at the time of the SIP revisions, except for Wise 
County, the Serious area NNSR permitting requirements for the 1997 8-
hour ozone NAAQS applied for the DFW area to meet anti-backsliding 
requirements. Moderate area NNSR permitting requirements applied to 
Wise County. In November 2016, we approved a redesignation substitute 
for the DFW area, which addressed both the 1-hour and 1997 ozone 
standards. This action found that the area was meeting these standards 
and was expected to continue to meet these standards. Based on this 
finding, EPA, as part of the redesignation substitute, removed the 
Serious area NNSR requirement so that only Moderate area NNSR 
requirements apply to the DFW area (81 FR 78688, November 8, 2016).

III. Final Action

    We are approving revisions to the Texas SIP submitted on August 5, 
2016, that pertain to 2008 ozone NAAQS requirements for vehicle I/M and 
NNSR for the DFW area. As discussed above, the Texas SIP includes 
provisions to implement these Moderate area ozone nonattainment 
requirements.
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on September 12, 
2017 without further notice unless we receive relevant adverse comment 
by July 14, 2017. If we receive relevant adverse comments, we will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this action. Any parties 
interested in commenting must do so now. Please note that if we receive 
relevant adverse comment on an amendment, paragraph, or section of this 
rule and if that provision may be severed from the remainder of the 
rule, we may adopt as final those provisions of the rule that are not 
the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, 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 CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications 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. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 14, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)
    Samuel Coleman was designated the Acting Regional Administrator on 
June 1, 2017 through the order of succession outlined in Regional Order 
R6-1110.13, a copy of which is included in the docket for this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: June 1, 2017.
Samuel Coleman,
Acting 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.

[[Page 27125]]

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 is 
amended by adding an entry at the end for ``Vehicle Inspection and 
Maintenance and Nonattainment New Source Review Requirements for the 
2008 Ozone NAAQS'' to read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                       State
                                     Applicable      approval/
     Name of SIP provision       geographic or non-  submittal   EPA approval date            Comments
                                  attainment area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Vehicle Inspection and           Dallas-Fort           7/6/2016  6/14/2017,         ............................
 Maintenance and Nonattainment    Worth, TX.                      [Insert Federal
 New Source Review Requirements                                   Register
 for the 2008 Ozone NAAQS.                                        citation].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-12210 Filed 6-13-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                27122            Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations

                                                that before a rule may take effect, the                     not affect the finality of this action for               PART 52—APPROVAL AND
                                                agency promulgating the rule must                           the purposes of judicial review nor does                 PROMULGATION OF
                                                submit a rule report, which includes a                      it extend the time within which a                        IMPLEMENTATION PLANS
                                                copy of the rule, to each House of the                      petition for judicial review may be filed,
                                                Congress and to the Comptroller General                     and shall not postpone the effectiveness                 ■ 1. The authority citation for part 52
                                                of the United States. EPA will submit a                     of such rule or action. This action may                  continues to read as follows:
                                                report containing this action and other                     not be challenged later in proceedings to
                                                required information to the U.S. Senate,                    enforce its requirements. (See section                       Authority: 42 U.S.C. 7401 et seq.
                                                the U.S. House of Representatives, and                      307(b)(2).)
                                                the Comptroller General of the United                                                                                Subpart LL—Oklahoma
                                                States prior to publication of the rule in                  List of Subjects in 40 CFR Part 52
                                                the Federal Register. A major rule                            Environmental protection, Air                          ■  2. In § 52.1920(e), the first table titled
                                                cannot take effect until 60 days after it                   pollution control, Incorporation by                      ‘‘EPA-Approved Nonregulatory
                                                is published in the Federal Register.                       reference, Intergovernmental relations,                  Provisions and Quasi-Regulatory
                                                This action is not a ‘‘major rule’’ as                      Interstate transport of pollution,                       Measures in the Oklahoma SIP’’ is
                                                defined by 5 U.S.C. 804(2).                                 Particulate matter, Reporting and                        amended by adding an entry for
                                                   Under section 307(b)(1) of the Clean                     recordkeeping requirements, Sulfur                       ‘‘Infrastructure for the 2012 PM2.5
                                                Air Act, petitions for judicial review of                   oxides.                                                  NAAQS’’ at the end to read as follows:
                                                this action must be filed in the United                       Dated: June 1, 2017.
                                                States Court of Appeals for the                                                                                      § 52.1920    Identification of plan.
                                                                                                            Samuel Coleman,
                                                appropriate circuit by August 14, 2017.                                                                              *       *    *      *      *
                                                Filing a petition for reconsideration by                    Acting Regional Administrator, Region 6.
                                                                                                                                                                         (e) * * *
                                                the Administrator of this final rule does                      40 CFR part 52 is amended as follows:

                                                           EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE OKLAHOMA SIP
                                                                                                                                      State
                                                                                           Applicable geographic or
                                                     Name of SIP provision                                                          submittal             EPA approval date                     Explanation
                                                                                             nonattainment area                       date


                                                          *                       *                         *                           *                     *                       *                         *
                                                Infrastructure for the 2012            Statewide ................................    6/16/2016     6/14/2017 [Insert FR page           Does not address 110(a)(2)
                                                   PM2.5 NAAQS.                                                                                      number where document               (D)(i)(I). No action on 110(a)
                                                                                                                                                     begins].                            (2)(D) (i)(II) (visibility por-
                                                                                                                                                                                         tion).



                                                *      *     *       *      *                               inspection and maintenance (I/M) and                     discussion of all points you wish to
                                                [FR Doc. 2017–12209 Filed 6–13–17; 8:45 am]                 nonattainment new source review                          make. The EPA will generally not
                                                BILLING CODE 6560–50–P                                      (NNSR) in the Dallas/Fort Worth ozone                    consider comments or comment
                                                                                                            nonattainment area (DFW area).                           contents located outside of the primary
                                                                                                            DATES: This rule is effective on                         submission (i.e. on the web, cloud, or
                                                ENVIRONMENTAL PROTECTION                                                                                             other file sharing system). For
                                                                                                            September 12, 2017 without further
                                                AGENCY                                                                                                               additional submission methods, please
                                                                                                            notice, unless the EPA receives relevant
                                                40 CFR Part 52                                              adverse comment by July 14, 2017. If the                 contact Carl Young, 214–665–6645,
                                                                                                            EPA receives such comment, the EPA                       young.carl@epa.gov. For the full EPA
                                                [EPA–R06–OAR–2015–0833; FRL–9962–48-                        will publish a timely withdrawal in the                  public comment policy, information
                                                Region 6]                                                   Federal Register informing the public                    about CBI or multimedia submissions,
                                                                                                            that this rule will not take effect.                     and general guidance on making
                                                Approval and Promulgation of                                                                                         effective comments, please visit http://
                                                                                                            ADDRESSES: Submit your comments,
                                                Implementation Plans; Texas; Clean                                                                                   www2.epa.gov/dockets/commenting-
                                                                                                            identified by Docket No. EPA–R06–
                                                Air Act Requirements for Vehicle                                                                                     epa-dockets.
                                                                                                            OAR–2015–0833, at http://
                                                Inspection and Maintenance and
                                                                                                            www.regulations.gov or via email to                         Docket: The index to the docket for
                                                Nonattainment New Source Review
                                                                                                            young.carl@epa.gov. Follow the online                    this action is available electronically at
                                                AGENCY: Environmental Protection                            instructions for submitting comments.                    www.regulations.gov and in hard copy
                                                Agency (EPA).                                               Once submitted, comments cannot be                       at EPA Region 6, 1445 Ross Avenue,
                                                ACTION: Direct final rule.                                  edited or removed from Regulations.gov.                  Suite 700, Dallas, Texas. While all
                                                                                                            The EPA may publish any comment                          documents in the docket are listed in
                                                SUMMARY:   Pursuant to the Federal Clean                    received to its public docket. Do not                    the index, some information may be
                                                Air Act (CAA or Act), the                                   submit electronically any information                    publicly available only at the hard copy
                                                Environmental Protection Agency (EPA)                       you consider to be Confidential                          location (e.g., copyrighted material), and
mstockstill on DSK30JT082PROD with RULES




                                                is approving a State Implementation                         Business Information (CBI) or other                      some may not be publicly available at
                                                Plan (SIP) revision submitted by the                        information whose disclosure is                          either location (e.g., CBI).
                                                State of Texas for the 2008 8-hour ozone                    restricted by statute. Multimedia
                                                national ambient air quality standards                      submissions (audio, video, etc.) must be                 FOR FURTHER INFORMATION CONTACT:  Mr.
                                                (NAAQS). The SIP revision being                             accompanied by a written comment.                        Carl Young, 214–665–6645, young.carl@
                                                approved pertains to CAA 2008 ozone                         The written comment is considered the                    epa.gov. To inspect the hard copy
                                                NAAQS requirements for vehicle                              official comment and should include                      materials, please schedule an


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                                                                 Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations                                          27123

                                                appointment with Mr. Young or Mr. Bill                  Serious areas still apply. Texas also                  upon any other affected non-federal
                                                Deese at 214–665–7253.                                  noted that a redesignation substitute                  vehicle and (2) additional reporting
                                                SUPPLEMENTARY INFORMATION:                              demonstration was submitted for the                    requirement is not an essential element
                                                Throughout this document, ‘‘we,’’ ‘‘us,’’               1997 ozone NAAQS to satisfy anti-                      for an approvable I/M program, since
                                                and ‘‘our’’ mean the EPA.                               backsliding requirements for the                       affected Federal vehicles are also subject
                                                                                                        revoked NAAQS in the DFW area. Anti-                   to the same reporting requirements as
                                                I. Background                                           backsliding requirements ensure air                    other affected non-federal vehicles (66
                                                   In 2008 we revised the 8-hour ozone                  quality in nonattainment areas does not                FR 57261, 57262, November 14, 2001).
                                                primary and secondary NAAQS to a                        get worse after an air quality standard is                Under these provisions Collin, Dallas,
                                                level of 0.075 parts per million (ppm) to               revoked (81 FR 81276, 81288, November                  Denton, Ellis, Johnson, Kaufman,
                                                provide increased protection of public                  17, 2016). The EPA approved Texas SIP                  Parker, Rockwall and Tarrant counties
                                                health and the environment (73 FR                       (Texas SIP) that incorporates by                       are included in an enhanced I/M
                                                16436, March 27, 2008). The 2008 8-                     reference the state’s regulations can be               program. An enhanced program is
                                                hour ozone NAAQS replaced the 1997                      found at 40 CFR 52.2270(c).                            required for anti-backsliding purposes
                                                8-hour ozone NAAQS of 0.08 ppm. The                                                                            since these counties were classified as
                                                DFW area was classified as a                            II. EPA’s Evaluation                                   Serious nonattainment for the 1997 8-
                                                ‘‘Moderate’’ ozone nonattainment area                   A. CAA Requirements for I/M in the                     hour ozone NAAQS (75 FR 79302,
                                                for the 2008 8-hour ozone NAAQS and                     DFW Area                                               December 20, 2010). The program
                                                initially given an attainment date of no                                                                       requires that gasoline powered light-
                                                later than December 31, 2018 (77 FR                        I/M refers to the inspection and                    duty vehicles, and light and heavy-duty
                                                30088 and 77 FR 30160, May 21, 2012).                   maintenance programs for in-use                        trucks between two and twenty-four
                                                The DFW area consists of Collin, Dallas,                vehicles required under the CAA. The                   years old, that are registered or required
                                                Denton, Ellis, Johnson, Kaufman,                        applicable requirements for ozone                      to be registered in the I/M program area,
                                                Parker, Rockwall, Tarrant and Wise                      nonattainment areas that are required to               including fleets, are subject to annual
                                                counties.                                               adopt I/M programs are described in                    inspection and testing. Wise County is
                                                   On December 23, 2014, the D.C.                       CAA sections 182(a)(2)(B), 182(b)(4),                  not required to be included in the I/M
                                                Circuit Court issued a decision rejecting,              182(c)(3), and 184(b)(1)(A) and further                program as it is not included in the
                                                among other things, our attainment                      defined in 40 CFR 51.350                               urbanized area. See www2.census.gov/
                                                deadlines for the 2008 ozone                            (‘‘Applicability’’) of the I/M rule (40                geo/pdfs/reference/ua/1990uas.pdf and
                                                nonattainment areas, finding that we                    CFR part 51, subpart S). Under these                   www.census.gov/population/metro/
                                                did not have statutory authority under                  cumulative requirements, Moderate                      files/lists/historical/90mfips.txt.
                                                the CAA to extend those deadlines to                    ozone nonattainment areas in urbanized                 Therefore, since the provisions in the
                                                the end of the calendar year. NRDC v.                   areas with 1990 Census populations of                  Texas SIP already include the CAA I/M
                                                EPA, 777 F.3d 456, 464–69 (D.C. Cir.                    200,000 or more are required to adopt                  requirements for the DFW area, we are
                                                2014). Consistent with the court’s                      basic I/M programs, while Serious and                  approving this portion of the SIP
                                                decision we modified the attainment                     higher classified ozone nonattainment                  revisions.
                                                deadlines for all nonattainment areas for               areas outside of the northeast Ozone
                                                                                                        Transport Region with 1980 Census-                     B. CAA Requirements for NNSR in the
                                                the 2008 ozone NAAQS, and set the
                                                                                                        defined urbanized populations of                       DFW Area
                                                attainment deadline for all 2008
                                                Moderate ozone nonattainment areas,                     200,000 or more are required to adopt                    The applicable NNSR requirements
                                                including the DFW area as July 20, 2018                 enhanced I/M programs (40 CFR                          for the various ozone nonattainment
                                                (80 FR 12264, March 6, 2015).                           51.350(a)(2) and (4)).                                 classifications are described in CAA
                                                   On July 10, 2015, Texas submitted a                     Previously, we revoked (1) the 1979 1-              section 182 and further defined in 40
                                                SIP revision for the DFW area based on                  hour ozone NAAQS (69 FR 23951, April                   CFR part 51, subpart I (Review of New
                                                an attainment date of December 31,                      30, 2004 and 70 FR 44470, August 3,                    Sources and Modifications). Under
                                                2018. Texas further revised the SIP to                  2005) and (2) the 1997 8-hour ozone                    these requirements new major sources
                                                address an attainment date of July 20,                  NAAQS (80 FR 12264, March 6, 2015).                    or major modifications at existing
                                                2018 and submitted it on August 5,                      Because the DFW area was classified as                 sources in an ozone nonattainment area
                                                2016. Copies of the SIP revisions are                   Serious nonattainment for these revoked                must comply with the lowest achievable
                                                available at www.regulations.gov,                       ozone NAAQS, an enhanced I/M                           emission rate and obtain sufficient
                                                Docket number EPA–R06–OAR–2015–                         program is required in the DFW area for                emission offsets. The emission offset
                                                0833.                                                   anti-backsliding purposes (40 CFR                      ratio required for Moderate ozone
                                                   As a moderate ozone nonattainment                    51.1100(o)). Ozone classifications can be              nonattainment areas is 1.15 to 1 (CAA
                                                area and under the anti-backsliding                     found in CAA section 181 and 40 CFR                    section 182(b)(5)).
                                                requirements of the previous standards,                 51.1103. The Serious classification is                   The Texas SIP includes 30 TAC
                                                Texas is required to implement I/M and                  one classification higher than the                     Section 116.12 (Nonattainment and
                                                NNSR programs. These were also                          Moderate classification.                               Prevention of Significant Deterioration
                                                requirements under the previous ozone                      The Texas SIP includes 30 TAC                       Review Definitions) and 30 TAC Section
                                                standards. In the August 5, 2016 SIP                    Section 114.2 (Inspection and                          116.150 (New Major Source or Major
                                                revision Texas discusses these                          Maintenance Definitions) and 30 TAC                    Modification in Ozone Nonattainment
                                                requirements and noted: (1) That the                    Section 114.50 (Vehicle Emissions                      Area). These provisions require new
                                                DFW area meets the CAA requirements                     Inspection Requirements) except for 30                 major sources or major modifications at
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                                                to implement an I/M program and (2)                     TAC Section 114.50(b)(2). In a 2001                    existing sources in the DFW area to
                                                since the Dallas/Fort Worth 1997 ozone                  final rule, we did not approve 30 TAC                  comply with the lowest achievable
                                                nonattainment area was not                              Section 114.50(b)(2) as part of the Texas              emission rate and obtain emission
                                                redesignated to attainment prior to the                 SIP as (1) it placed an additional                     offsets at the Moderate classification
                                                revocation of the 1979 1-hour ozone                     reporting burden upon commanders at                    ratio of 1.15 to 1. Therefore, since the
                                                NAAQS and the 1997 ozone NAAQS,                         Federal facilities regarding affected                  provisions in the Texas SIP already
                                                anti-backsliding NNSR requirements for                  Federal vehicles that is not imposed                   include the CAA NNSR requirements


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                                                27124            Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations

                                                for ozone nonattainment areas classified                IV. Statutory and Executive Order                      governments or preempt tribal law as
                                                as Moderate, we are approving this                      Reviews                                                specified by Executive Order 13175 (65
                                                portion of the SIP revision.                               Under the CAA, the Administrator is                 FR 67249, November 9, 2000).
                                                   We note that at the time of the SIP                  required to approve a SIP submission                      The Congressional Review Act, 5
                                                revisions, except for Wise County, the                  that complies with the provisions of the               U.S.C. 801 et seq., as added by the Small
                                                Serious area NNSR permitting                            Act and applicable Federal regulations.                Business Regulatory Enforcement
                                                requirements for the 1997 8-hour ozone                  42 U.S.C. 7410(k); 40 CFR 52.02(a).                    Fairness Act of 1996, generally provides
                                                NAAQS applied for the DFW area to                       Thus, in reviewing SIP submissions, the                that before a rule may take effect, the
                                                meet anti-backsliding requirements.                     EPA’s role is to approve state choices,                agency promulgating the rule must
                                                Moderate area NNSR permitting                           provided that they meet the criteria of                submit a rule report, which includes a
                                                requirements applied to Wise County. In                 the CAA. Accordingly, this action                      copy of the rule, to each House of the
                                                                                                        merely approves state law as meeting                   Congress and to the Comptroller General
                                                November 2016, we approved a
                                                                                                        Federal requirements and does not                      of the United States. The EPA will
                                                redesignation substitute for the DFW
                                                                                                        impose additional requirements beyond                  submit a report containing this rule and
                                                area, which addressed both the 1-hour                                                                          other required information to the U.S.
                                                                                                        those imposed by state law. For that
                                                and 1997 ozone standards. This action                                                                          Senate, the U.S. House of
                                                                                                        reason, this action:
                                                found that the area was meeting these                      • Is not a ‘‘significant regulatory                 Representatives, and the Comptroller
                                                standards and was expected to continue                  action’’ subject to review by the Office               General of the United States prior to
                                                to meet these standards. Based on this                  of Management and Budget under                         publication of the rule in the Federal
                                                finding, EPA, as part of the                            Executive Orders 12866 (58 FR 51735,                   Register. A major rule cannot take effect
                                                redesignation substitute, removed the                   October 4, 1993) and 13563 (76 FR 3821,                until 60 days after it is published in the
                                                Serious area NNSR requirement so that                   January 21, 2011);                                     Federal Register. This action is not a
                                                only Moderate area NNSR requirements                       • Does not impose an information                    ‘‘major rule’’ as defined by 5 U.S.C.
                                                apply to the DFW area (81 FR 78688,                     collection burden under the provisions                 804(2).
                                                November 8, 2016).                                      of the Paperwork Reduction Act (44                        Under section 307(b)(1) of the CAA,
                                                                                                        U.S.C. 3501 et seq.);                                  petitions for judicial review of this
                                                III. Final Action
                                                                                                           • Is certified as not having a                      action must be filed in the United States
                                                  We are approving revisions to the                     significant economic impact on a                       Court of Appeals for the appropriate
                                                Texas SIP submitted on August 5, 2016,                  substantial number of small entities                   circuit by August 14, 2017. Filing a
                                                that pertain to 2008 ozone NAAQS                        under the Regulatory Flexibility Act (5                petition for reconsideration by the
                                                requirements for vehicle I/M and NNSR                   U.S.C. 601 et seq.);                                   Administrator of this final rule does not
                                                                                                           • Does not contain any unfunded                     affect the finality of this rule for the
                                                for the DFW area. As discussed above,
                                                                                                        mandate or significantly or uniquely                   purposes of judicial review nor does it
                                                the Texas SIP includes provisions to
                                                                                                        affect small governments, as described                 extend the time within which a petition
                                                implement these Moderate area ozone
                                                                                                        in the Unfunded Mandates Reform Act                    for judicial review may be filed, and
                                                nonattainment requirements.                             of 1995 (Pub. L. 104–4);                               shall not postpone the effectiveness of
                                                  The EPA is publishing this rule                          • Does not have Federalism                          such rule or action. This action may not
                                                without prior proposal because we view                  implications as specified in Executive                 be challenged later in proceedings to
                                                this as a non-controversial amendment                   Order 13132 (64 FR 43255, August 10,                   enforce its requirements. (See section
                                                and anticipate no adverse comments.                     1999);                                                 307(b)(2).)
                                                However, in the proposed rules section                     • Is not an economically significant
                                                                                                        regulatory action based on health or                      Samuel Coleman was designated the
                                                of this Federal Register publication, we                                                                       Acting Regional Administrator on June
                                                are publishing a separate document that                 safety risks subject to Executive Order
                                                                                                        13045 (62 FR 19885, April 23, 1997);                   1, 2017 through the order of succession
                                                will serve as the proposal to approve the                                                                      outlined in Regional Order R6–1110.13,
                                                SIP revision if relevant adverse                           • Is not a significant regulatory action
                                                                                                        subject to Executive Order 13211 (66 FR                a copy of which is included in the
                                                comments are received. This rule will                                                                          docket for this action.
                                                be effective on September 12, 2017                      28355, May 22, 2001);
                                                                                                           • Is not subject to requirements of                 List of Subjects in 40 CFR Part 52
                                                without further notice unless we receive
                                                                                                        section 12(d) of the National
                                                relevant adverse comment by July 14,                                                                             Environmental protection, Air
                                                                                                        Technology Transfer and Advancement
                                                2017. If we receive relevant adverse                    Act of 1995 (15 U.S.C. 272 note) because               pollution control, Incorporation by
                                                comments, we will publish a timely                      application of those requirements would                reference, Nitrogen dioxide, Ozone,
                                                withdrawal in the Federal Register                      be inconsistent with the CAA; and                      Reporting and recordkeeping
                                                informing the public that the rule will                    • Does not provide EPA with the                     requirements, Volatile organic
                                                not take effect. We will address all                    discretionary authority to address, as                 compounds.
                                                public comments in a subsequent final                   appropriate, disproportionate human                      Dated: June 1, 2017.
                                                rule based on the proposed rule. We                     health or environmental effects, using                 Samuel Coleman,
                                                will not institute a second comment                     practicable and legally permissible                    Acting Regional Administrator, Region 6.
                                                period on this action. Any parties                      methods, under Executive Order 12898
                                                interested in commenting must do so                     (59 FR 7629, February 16, 1994).                           40 CFR part 52 is amended as follows:
                                                now. Please note that if we receive                     In addition, the SIP is not approved to
                                                                                                                                                               PART 52—APPROVAL AND
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                                                relevant adverse comment on an                          apply on any Indian reservation land or
                                                amendment, paragraph, or section of                     in any other area where EPA or an                      PROMULGATION OF
                                                this rule and if that provision may be                  Indian tribe has demonstrated that a                   IMPLEMENTATION PLANS
                                                severed from the remainder of the rule,                 tribe has jurisdiction. In those areas of
                                                we may adopt as final those provisions                  Indian country, the rule does not have                 ■ 1. The authority citation for part 52
                                                of the rule that are not the subject of an              tribal implications and will not impose                continues to read as follows:
                                                adverse comment.                                        substantial direct costs on tribal                         Authority: 42 U.S.C. 7401 et seq.



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                                                                       Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations                                                                      27125

                                                Subpart SS—Texas                                                       adding an entry at the end for ‘‘Vehicle                         § 52.2270    Identification of plan.
                                                                                                                       Inspection and Maintenance and                                   *       *    *      *      *
                                                ■  2. In § 52.2270(e), the second table                                Nonattainment New Source Review
                                                titled ‘‘EPA Approved Nonregulatory                                                                                                         (e) * * *
                                                                                                                       Requirements for the 2008 Ozone
                                                Provisions and Quasi-Regulatory                                        NAAQS’’ to read as follows:
                                                Measures in the Texas is amended by

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


                                                          *                *                                      *                                      *                       *                   *                         *
                                                Vehicle Inspection and Mainte-                      Dallas-Fort Worth, TX ..................                   7/6/2016    6/14/2017, [Insert Federal Reg-
                                                  nance and Nonattainment New                                                                                                ister citation].
                                                  Source Review Requirements
                                                  for the 2008 Ozone NAAQS.



                                                [FR Doc. 2017–12210 Filed 6–13–17; 8:45 am]                            EPA–R09–OAR–2015–0621. All                                         (i) The word or initials CAA mean or
                                                BILLING CODE 6560–50–P                                                 documents in the docket are listed on                            refer to the Clean Air Act, unless the
                                                                                                                       the http://www.regulations.gov Web                               context indicates otherwise.
                                                                                                                       site. Although it may be listed in the                             (ii) The initials CARB mean or refer to
                                                ENVIRONMENTAL PROTECTION                                               index, some information is not publicly
                                                AGENCY                                                                                                                                  the California Air Resources Board.
                                                                                                                       available, e.g., Confidential Business
                                                                                                                       Information (CBI) or other information                             (iii) The initials CFR mean or refer to
                                                40 CFR Part 52                                                         whose disclosure is restricted by statute.                       Code of Federal Regulations.
                                                [EPA–R09–OAR–2015–0621; FRL–9962–57–                                   Certain other material, such as                                    (iv) The initials or words EPA, we, us
                                                Region 9]                                                              copyrighted material, is not placed on                           or our mean or refer to the United States
                                                                                                                       the Internet and will be publicly                                Environmental Protection Agency.
                                                Revisions to the California State                                      available only in hard copy form.
                                                Implementation Plan; Imperial County                                                                                                      (v) The word or initials ICAPCD or
                                                                                                                       Publicly available docket materials are
                                                Air Pollution Control District;                                        available through http://                                        District mean or refer to the Imperial
                                                Stationary Sources Permits                                             www.regulations.gov, or please contact                           County Air Pollution Control District,
                                                                                                                       the person identified in the FOR FURTHER                         the agency with jurisdiction over
                                                AGENCY:  Environmental Protection                                                                                                       stationary sources within Imperial
                                                Agency (EPA).                                                          INFORMATION CONTACT section for
                                                                                                                       additional availability information.                             County.
                                                ACTION: Final rule.
                                                                                                                       FOR FURTHER INFORMATION CONTACT:                                   (vi) The initials NSR mean or refer to
                                                SUMMARY:   The Environmental Protection                                Thien Khoi Nguyen, EPA Region IX,                                New Source Review.
                                                Agency (EPA) is finalizing action on                                   (415) 947–4120, nguyen.thien@epa.gov.                              (vii) The initials SIP mean or refer to
                                                revisions to the Imperial County Air
                                                                                                                       SUPPLEMENTARY INFORMATION:                                       State Implementation Plan.
                                                Pollution Control District (ICAPCD or
                                                District) portion of the California State                              Throughout this document, the terms                              I. Proposed Action
                                                Implementation Plan (SIP). We are                                      ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
                                                finalizing full approval of two rules.                                                                                                    On December 19, 2016, the EPA
                                                                                                                       Table of Contents
                                                Both rules update and revise the                                                                                                        proposed a full approval of two rules
                                                District’s New Source Review (NSR)                                     Definitions                                                      and a limited approval and limited
                                                permitting program for new and                                         I. Proposed Action                                               disapproval (LA/LD) of one rule (as
                                                modified sources of air pollution. We                                  II. EPA Action                                                   noted in Table 1) submitted by CARB
                                                are also finalizing a technical correction                             III. Incorporation by Reference                                  for incorporation into the ICAPCD
                                                to a previous action that will remove                                  IV. Statutory and Executive Order Reviews                        portion of the California SIP. 81 FR
                                                one rule from the SIP.                                                                                                                  91895. Table 1 also lists the dates the
                                                                                                                       Definitions
                                                DATES: This rule will be effective on July                                                                                              rules were adopted by ICAPCD and
                                                14, 2017.                                                                For the purpose of this document, we                           submitted by CARB, which is the
                                                ADDRESSES: The EPA has established a                                   are giving meaning to certain words or                           governor’s designee for California SIP
                                                docket for this action under Docket No.                                initials as follows:                                             submittals.
                                                                                                                           TABLE 1—SUBMITTED NSR RULES
                                                                                                                                                                     Adopted/
                                                           Rule #                                                  Rule title                                                            Submitted              Proposed action
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                                                                                                                                                                      revised

                                                204 ............................   Applications ................................................................           9/14/99           05/26/00    Full Approval.
                                                206 ............................   Processing of Applications ........................................                    10/22/13           02/10/14    Full Approval.
                                                207 ............................   New and Modified Stationary Source Review ...........                                  10/22/13            1/21/14    LA/LD.




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Document Created: 2017-06-14 01:23:38
Document Modified: 2017-06-14 01:23:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on September 12, 2017 without further notice, unless the EPA receives relevant adverse comment by July 14, 2017. If the EPA receives such comment, the EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.
ContactMr. Carl Young, 214-665-6645, [email protected] To inspect the hard copy materials, please schedule an appointment with Mr. Young or Mr. Bill Deese at 214-665-7253.
FR Citation82 FR 27122 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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