82_FR_44503 82 FR 44320 - Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology for the 2008 8-Hour Ozone National Ambient Air Quality Standard

82 FR 44320 - Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology for the 2008 8-Hour Ozone National Ambient Air Quality Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 183 (September 22, 2017)

Page Range44320-44322
FR Document2017-20131

The Environmental Protection Agency (EPA) is conditionally approving revisions to the Texas State Implementation Plan (SIP) addressing Oxides of Nitrogen (NO<INF>X</INF>) Reasonably Available Control Technology (RACT) for the Martin Marietta (formerly, Texas Industries, Inc., or TXI) cement manufacturing plant in Ellis County. We are fully approving revisions to the Texas SIP addressing NO<INF>X</INF> RACT for all other affected sources in the ten county Dallas Fort Worth (DFW) 2008 8-Hour ozone nonattainment area. We are also approving NO<INF>X</INF> RACT negative declarations (a finding that there are no major sources of NO<INF>X</INF> emissions in certain categories) for the DFW 2008 8-Hour ozone nonattainment area. The DFW 2008 8-Hour ozone nonattainment area consists of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise counties. The RACT requirements apply to major sources of NO<INF>X</INF> in these ten counties.

Federal Register, Volume 82 Issue 183 (Friday, September 22, 2017)
[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Rules and Regulations]
[Pages 44320-44322]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20131]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0496; FRL-9967-53-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Reasonably Available Control Technology for the 2008 8-Hour Ozone 
National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is conditionally 
approving revisions to the Texas State Implementation Plan (SIP) 
addressing Oxides of Nitrogen (NOX) Reasonably Available 
Control Technology (RACT) for the Martin Marietta (formerly, Texas 
Industries, Inc., or TXI) cement manufacturing plant in Ellis County. 
We are fully approving revisions to the Texas SIP addressing 
NOX RACT for all other affected sources in the ten county 
Dallas Fort Worth (DFW) 2008 8-Hour ozone nonattainment area. We are 
also approving NOX RACT negative declarations (a finding 
that there are no major sources of NOX emissions in certain 
categories) for the DFW 2008 8-Hour ozone nonattainment area. The DFW 
2008 8-Hour ozone nonattainment area consists of Collin, Dallas, 
Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise 
counties. The RACT requirements apply to major sources of 
NOX in these ten counties.

DATES: This rule will be effective on October 23, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2015-0496. All documents in the docket are 
listed on the 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 www.regulations.gov or in hard 
copy at the Air Planning Section (6MM-AA), Environmental Protection 
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file 
will be made available by appointment for public inspection in the 
Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m. 
weekdays except for legal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar (6MM-AA), telephone 
(214) 665-2164, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Outline

I. Background
II. Public Comments
III. Response to Comments
IV. Final Actions
V. Statutory and Executive Order Reviews

I. Background

    The background for this action is discussed in detail in the July 
19, 2017 (82 FR 33026) proposal. In that document, the EPA proposed to 
conditionally approve revisions to the Texas SIP that the TCEQ 
submitted to EPA in its Appendix F (a component of the 2008 8-Hour DFW 
ozone nonattainment area plan) of the July 10, 2015 DFW SIP submittal. 
The July 19, 2017 Federal Register (FR) action proposed to 
conditionally approve revisions to the Texas SIP addressing 
NOX RACT for the Martin Marietta (MM) cement manufacturing 
plant in Ellis County. See section 110(k)(4) of the Clean Air Act (CAA, 
Act), and section II.F of the Proposal.
    We proposed to fully approve revisions to the Texas SIP addressing 
NOX RACT for all other affected sources in the ten county 
DFW 2008 8-Hour ozone nonattainment area. See section II.B of the 
Proposal.
    We also proposed to approve NOX RACT negative 
declarations for the nitric acid and adipic acid manufacturing 
operations within the ten County DFW 2008 8-Hour ozone nonattainment 
area. See section II.C of the Proposal.
    The Proposal and the Technical Support Document (TSD) prepared in 
conjunction with that FR action provide detailed description and the 
rationale for the proposed decisions. Please see the docket ID No. EPA-
R06-OAR-2015-0496 for the TSD and other documents regarding the 
Proposal.

II. Public Comments

    The public comment period for the July 19, 2017 (82 FR 33026) 
proposal expired on August 19, 2017, and we received relevant comments 
from Holcim, TCEQ, and Ash Grove on the proposed actions during this 
period. Our response to relevant comments received during public 
comment period is below.

III. Response to Comments

    Comment #1: Holcim supported EPA's action on the Proposal.
    Response: We appreciate the support.
    Comment #2: TCEQ requested clarification on its SIP revision 
process addressing conditional approval for the MM cement manufacturing 
plant through a voluntary Agreed Order (AO) or rulemaking action.
    Response: State has the option of choosing what mechanism, for 
example; a voluntary AO or rulemaking action, to use when revising its 
SIP as long as a revision is made in conformance with section 110 of 
the Act and applicable State law. No change to our NOX RACT 
determination is made as a result of this comment.
    Comment #3: Ash Grove supported EPA's action, stating its 
NOX limit is driven by 40 CFR 60.62 (New Source Performance 
Standards--NSPS). The commenter contends that its air permit is not a 
part of a federally enforceable SIP submittal.
    Response: We appreciate the support. The NOX RACT 
emission limitation of 1.5 lb/ton of clinker produced is required per 
40 CFR 60.62(a) or NSPS subpart F that is consistent with limits 
established in Ash Grove's consent decree. We agree with the comment 
that its air permit was not a component of TCEQ SIP submittal; however, 
inclusion of air permit in record was intended to create a thorough and 
complete docket. No change to our NOX RACT determination for 
this plant is made as a result of this comment.
    This concludes our response to comments received. Based on our 
evaluation and responses, no changes to the Proposed NOX 
RACT determinations have been made. Therefore, we are

[[Page 44321]]

finalizing the 82 FR 33026 proposal as published on July 19, 2017.

IV. Final Actions

    We are conditionally approving NOX RACT for the MM 
cement manufacturing plant in Ellis County, Texas. We are fully 
approving revisions to the Texas SIP addressing NOX RACT for 
all other affected sources in the ten county DFW 2008 8-Hour ozone 
nonattainment area. We are also approving NOX RACT negative 
declarations for the nitric acid and adipic acid manufacturing 
operations within the ten County DFW 2008 8-Hour ozone nonattainment 
area.
    The EPA had previously approved RACT for all affected 
NOX sources under the 1-Hour and the 1997 8-Hour ozone 
standards. Based on our approval of 30 TAC Chapter 117 rules for 
control of nitrogen compounds on April 13, 2016 (81 FR 21747), and the 
Proposed RACT action of July 19, 2017 (82 FR 33026), Texas is 
implementing RACT for all affected NOX sources in the ten 
County DFW area under the 2008 8-Hour ozone standard.

V. 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. Additional information 
about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review, Executive 
Order 13563: Improving Regulation and Regulatory Review and Executive 
Order 13771: Reducing Regulations and Controlling Regulatory Costs

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review. This action is not an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP is not approved to apply on any 
Indian reservation land or in any other area where the EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 21, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed 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).)

    Authority:  42 U.S.C. 7401 et seq.

List of Subjects in 40 CFR Part 52

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

    Dated: September 12, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    Part 52, chapter I, title 40 of the Code of Federal Regulations 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:


[[Page 44322]]


    Authority: 42 U.S.C. 7401 et seq.

Subpart SS--Texas

0
2. In Sec.  52.2270(e) the table titled ``EPA approved nonregulatory 
provisions and quasi-regulatory measures in the Texas SIP'' is amended 
by adding three new entries at the end.
    The additions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                               State
     Name of SIP provision        Applicable geographic     submittal/     EPA approval date       Comments
                                  or non-attainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Conditional approval of NOX      Ellis County, TX.......        07/10/15  09/22/17, [Insert   TCEQ commitment
 RACT finding for the Martin                                               FR page number      letter of July
 Marietta (formerly Texas                                                  where document      29, 2016.
 Industries, Inc., or TXI)                                                 begins].
 cement manufacturing plant
 under the 2008 8-Hour ozone
 NAAQS.
NOX RACT finding under the 2008  Collin, Dallas, Denton,        07/10/15  09/22/17, [Insert   DFW as Moderate
 8-Hour ozone NAAQS.              Tarrant, Ellis,                          FR page number      and Serious.
                                  Johnson, Kaufman,                        where document
                                  Parker, Rockwall, and                    begins].
                                  Wise Counties, TX.
NOX RACT finding of negative     Collin, Dallas, Denton,        07/10/15  09/22/17, [Insert   DFW as Moderate
 declarations for nitric acid     Tarrant, Ellis,                          FR page number      and Serious.
 and adipic acid operations       Johnson, Kaufman,                        where document
 under the 2008 8-Hour ozone      Parker, Rockwall, and                    begins].
 NAAQS.                           Wise Counties, TX.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-20131 Filed 9-21-17; 8:45 am]
 BILLING CODE 6560-50-P



     44320            Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations

      Name of non-regulatory SIP                                               State submittal
                                            Applicable geographic area                                   EPA approval date               Additional explanation
               revision                                                             date


               *                       *                       *                      *                       *                      *                  *



     [FR Doc. 2017–20163 Filed 9–21–17; 8:45 am]             materials are available either                        for the proposed decisions. Please see
     BILLING CODE 6560–50–P                                  electronically through                                the docket ID No. EPA–R06–OAR–
                                                             www.regulations.gov or in hard copy at                2015–0496 for the TSD and other
                                                             the Air Planning Section (6MM–AA),                    documents regarding the Proposal.
     ENVIRONMENTAL PROTECTION                                Environmental Protection Agency, 1445
     AGENCY                                                                                                        II. Public Comments
                                                             Ross Avenue, Suite 700, Dallas, Texas
                                                             75202–2733. The file will be made                        The public comment period for the
     40 CFR Part 52                                          available by appointment for public                   July 19, 2017 (82 FR 33026) proposal
     [EPA–R06–OAR–2015–0496; FRL–9967–53–                    inspection in the Region 6 FOIA Review                expired on August 19, 2017, and we
     Region 6]                                               Room between the hours of 8:30 a.m.                   received relevant comments from
                                                             and 4:30 p.m. weekdays except for legal               Holcim, TCEQ, and Ash Grove on the
     Approval and Promulgation of                            holidays.                                             proposed actions during this period.
     Implementation Plans; Texas;                            FOR FURTHER INFORMATION CONTACT: Mr.                  Our response to relevant comments
     Reasonably Available Control                            Alan Shar (6MM–AA), telephone (214)                   received during public comment period
     Technology for the 2008 8-Hour Ozone                    665–2164, email shar.alan@epa.gov.                    is below.
     National Ambient Air Quality Standard
                                                             SUPPLEMENTARY INFORMATION:                            III. Response to Comments
     AGENCY:  Environmental Protection                       Throughout this document ‘‘we,’’ ‘‘us,’’
     Agency (EPA).                                           and ‘‘our’’ refer to EPA.                                Comment #1: Holcim supported
                                                                                                                   EPA’s action on the Proposal.
     ACTION: Final rule.                                     Outline                                                  Response: We appreciate the support.
     SUMMARY:   The Environmental Protection                 I. Background                                            Comment #2: TCEQ requested
     Agency (EPA) is conditionally                           II. Public Comments                                   clarification on its SIP revision process
     approving revisions to the Texas State                  III. Response to Comments                             addressing conditional approval for the
     Implementation Plan (SIP) addressing                    IV. Final Actions                                     MM cement manufacturing plant
     Oxides of Nitrogen (NOX) Reasonably                     V. Statutory and Executive Order Reviews              through a voluntary Agreed Order (AO)
     Available Control Technology (RACT)                     I. Background                                         or rulemaking action.
     for the Martin Marietta (formerly, Texas                                                                         Response: State has the option of
                                                                The background for this action is
     Industries, Inc., or TXI) cement                                                                              choosing what mechanism, for example;
                                                             discussed in detail in the July 19, 2017
     manufacturing plant in Ellis County. We                                                                       a voluntary AO or rulemaking action, to
                                                             (82 FR 33026) proposal. In that
     are fully approving revisions to the                                                                          use when revising its SIP as long as a
                                                             document, the EPA proposed to
     Texas SIP addressing NOX RACT for all                                                                         revision is made in conformance with
                                                             conditionally approve revisions to the
     other affected sources in the ten county                                                                      section 110 of the Act and applicable
                                                             Texas SIP that the TCEQ submitted to
     Dallas Fort Worth (DFW) 2008 8-Hour                                                                           State law. No change to our NOX RACT
                                                             EPA in its Appendix F (a component of
     ozone nonattainment area. We are also                                                                         determination is made as a result of this
                                                             the 2008 8-Hour DFW ozone
     approving NOX RACT negative                                                                                   comment.
                                                             nonattainment area plan) of the July 10,
     declarations (a finding that there are no                                                                        Comment #3: Ash Grove supported
                                                             2015 DFW SIP submittal. The July 19,
     major sources of NOX emissions in                                                                             EPA’s action, stating its NOX limit is
                                                             2017 Federal Register (FR) action
     certain categories) for the DFW 2008 8-                                                                       driven by 40 CFR 60.62 (New Source
                                                             proposed to conditionally approve
     Hour ozone nonattainment area. The                                                                            Performance Standards—NSPS). The
                                                             revisions to the Texas SIP addressing
     DFW 2008 8-Hour ozone nonattainment                                                                           commenter contends that its air permit
                                                             NOX RACT for the Martin Marietta
     area consists of Collin, Dallas, Denton,                                                                      is not a part of a federally enforceable
                                                             (MM) cement manufacturing plant in
     Ellis, Johnson, Kaufman, Parker,                                                                              SIP submittal.
                                                             Ellis County. See section 110(k)(4) of the
     Rockwall, Tarrant, and Wise counties.                                                                            Response: We appreciate the support.
                                                             Clean Air Act (CAA, Act), and section
     The RACT requirements apply to major                                                                          The NOX RACT emission limitation of
                                                             II.F of the Proposal.
     sources of NOX in these ten counties.                      We proposed to fully approve                       1.5 lb/ton of clinker produced is
     DATES: This rule will be effective on                   revisions to the Texas SIP addressing                 required per 40 CFR 60.62(a) or NSPS
     October 23, 2017.                                       NOX RACT for all other affected sources               subpart F that is consistent with limits
     ADDRESSES: The EPA has established a                    in the ten county DFW 2008 8-Hour                     established in Ash Grove’s consent
     docket for this action under Docket ID                  ozone nonattainment area. See section                 decree. We agree with the comment that
     No. EPA–R06–OAR–2015–0496. All                          II.B of the Proposal.                                 its air permit was not a component of
     documents in the docket are listed on                      We also proposed to approve NOX                    TCEQ SIP submittal; however, inclusion
     the www.regulations.gov Web site.                       RACT negative declarations for the                    of air permit in record was intended to
     Although listed in the index, some                      nitric acid and adipic acid                           create a thorough and complete docket.
     information is not publicly available,                  manufacturing operations within the ten               No change to our NOX RACT
     e.g., Confidential Business Information                 County DFW 2008 8-Hour ozone                          determination for this plant is made as
     or other information whose disclosure is                nonattainment area. See section II.C of               a result of this comment.
     restricted by statute. Certain other                    the Proposal.                                            This concludes our response to
     material, such as copyrighted material,                    The Proposal and the Technical                     comments received. Based on our
     is not placed on the Internet and will be               Support Document (TSD) prepared in                    evaluation and responses, no changes to
     publicly available only in hard copy                    conjunction with that FR action provide               the Proposed NOX RACT determinations
     form. Publicly available docket                         detailed description and the rationale                have been made. Therefore, we are


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                      Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations                                             44321

     finalizing the 82 FR 33026 proposal as                  C. Regulatory Flexibility Act (RFA)                   H. Executive Order 13211: Actions That
     published on July 19, 2017.                                                                                   Significantly Affect Energy Supply,
                                                                I certify that this action will not have           Distribution, or Use
     IV. Final Actions                                       a significant economic impact on a
                                                                                                                     This action is not subject to Executive
                                                             substantial number of small entities
       We are conditionally approving NOX                                                                          Order 13211, because it is not a
                                                             under the RFA. This action will not
     RACT for the MM cement                                                                                        significant regulatory action under
                                                             impose any requirements on small
     manufacturing plant in Ellis County,                                                                          Executive Order 12866.
                                                             entities beyond those imposed by state
     Texas. We are fully approving revisions                                                                       I. National Technology Transfer and
     to the Texas SIP addressing NOX RACT                    law.
                                                                                                                   Advancement Act (NTTAA)
     for all other affected sources in the ten               D. Unfunded Mandates Reform Act
     county DFW 2008 8-Hour ozone                            (UMRA)                                                   Section 12(d) of the NTTAA directs
     nonattainment area. We are also                                                                               the EPA to use voluntary consensus
     approving NOX RACT negative                               This action does not contain any                    standards in its regulatory activities
     declarations for the nitric acid and                    unfunded mandate as described in                      unless to do so would be inconsistent
     adipic acid manufacturing operations                    UMRA, 2 U.S.C. 1531–1538, and does                    with applicable law or otherwise
     within the ten County DFW 2008 8-                       not significantly or uniquely affect small            impractical. The EPA believes that this
     Hour ozone nonattainment area.                          governments. This action does not                     action is not subject to the requirements
                                                             impose additional requirements beyond                 of section 12(d) of the NTTAA because
       The EPA had previously approved                                                                             application of those requirements would
     RACT for all affected NOX sources                       those imposed by state law.
                                                             Accordingly, no additional costs to                   be inconsistent with the CAA.
     under the 1-Hour and the 1997 8-Hour
     ozone standards. Based on our approval                  State, local, or tribal governments, or to            J. Executive Order 12898: Federal
     of 30 TAC Chapter 117 rules for control                 the private sector, will result from this             Actions To Address Environmental
     of nitrogen compounds on April 13,                      action.                                               Justice in Minority Populations and
     2016 (81 FR 21747), and the Proposed                                                                          Low-Income Population
                                                             E. Executive Order 13132: Federalism
     RACT action of July 19, 2017 (82 FR                                                                              The EPA lacks the discretionary
     33026), Texas is implementing RACT                        This action does not have federalism                authority to address environmental
     for all affected NOX sources in the ten                 implications. It will not have substantial            justice in this rulemaking.
     County DFW area under the 2008 8-                       direct effects on the states, on the                     Under section 307(b)(1) of the Clean
     Hour ozone standard.                                    relationship between the national                     Air Act, petitions for judicial review of
                                                             government and the states, or on the                  this action must be filed in the United
     V. Statutory and Executive Order                                                                              States Court of Appeals for the
     Reviews                                                 distribution of power and
                                                             responsibilities among the various                    appropriate circuit by November 21,
                                                             levels of government.                                 2017. Filing a petition for
       Under the CAA, the Administrator is
                                                                                                                   reconsideration by the Administrator of
     required to approve a SIP submission
                                                             F. Executive Order 13175: Coordination                this final rule does not affect the finality
     that complies with the provisions of the
                                                             With Indian Tribal Governments                        of this action for the purposed of
     Act and applicable Federal regulations.
                                                                                                                   judicial review nor does it extend the
     42 U.S.C. 7410(k); 40 CFR 52.02(a).                       This action does not have tribal                    time within which a petition for judicial
     Thus, in reviewing SIP submissions, the                 implications, as specified in Executive               review may be filed, and shall not
     EPA’s role is to approve state choices,                 Order 13175, because the SIP is not                   postpone the effectiveness of such rule
     provided that they meet the criteria of                 approved to apply on any Indian                       or action. This action may not be
     the CAA. Additional information about                   reservation land or in any other area                 challenged later in proceedings to
     these statutes and Executive Orders can                 where the EPA or an Indian tribe has                  enforce its requirements. (See section
     be found at http://www2.epa.gov/laws-                   demonstrated that a tribe has                         307(b)(2).)
     regulations/laws-and-executive-orders.
                                                             jurisdiction, and will not impose                         Authority: 42 U.S.C. 7401 et seq.
     A. Executive Order 12866: Regulatory                    substantial direct costs on tribal
     Planning and Review, Executive Order                    governments or preempt tribal law.                    List of Subjects in 40 CFR Part 52
     13563: Improving Regulation and                         Thus, Executive Order 13175 does not                    Environmental protection, Air
     Regulatory Review and Executive Order                   apply to this action.                                 pollution control, Hydrocarbons,
     13771: Reducing Regulations and                                                                               Incorporation by reference,
     Controlling Regulatory Costs                            G. Executive Order 13045: Protection of               Intergovernmental relations, Nitrogen
                                                             Children From Environmental Health                    dioxide, Ozone, Reporting and
       This action is not a significant                      Risks and Safety Risks                                recordkeeping requirements, Volatile
     regulatory action and was therefore not                                                                       organic compounds.
     submitted to the Office of Management                     The EPA interprets Executive Order
                                                             13045 as applying only to those                         Dated: September 12, 2017.
     and Budget (OMB) for review. This
                                                             regulatory actions that concern                       Samuel Coleman,
     action is not an Executive Order 13771
                                                             environmental health or safety risks that             Acting Regional Administrator, Region 6.
     regulatory action because this action is
     not significant under Executive Order                   the EPA has reason to believe may                       Part 52, chapter I, title 40 of the Code
     12866.                                                  disproportionately affect children, per               of Federal Regulations is amended as
                                                             the definition of ‘‘covered regulatory                follows:
     B. Paperwork Reduction Act (PRA)                        action’’ in section 2–202 of the
                                                             Executive Order. This action is not                   PART 52—APPROVAL AND
       This action does not impose an                                                                              PROMULGATION OF
     information collection burden under the                 subject to Executive Order 13045
                                                             because it does not impose additional                 IMPLEMENTATION PLANS
     PRA because this action does not
     impose additional requirements beyond                   requirements beyond those imposed by                  ■ 1. The authority citation for part 52
     those imposed by state law.                             state law.                                            continues to read as follows:


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     44322              Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations

         Authority: 42 U.S.C. 7401 et seq.                        quasi-regulatory measures in the Texas                        § 52.2270    Identification of plan.
                                                                  SIP’’ is amended by adding three new                          *        *    *     *        *
     Subpart SS—Texas                                             entries at the end.                                                (e) * * *
     ■ 2. In § 52.2270(e) the table titled ‘‘EPA                    The additions read as follows:
     approved nonregulatory provisions and

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


              *                    *                              *                           *                            *                      *                     *
     Conditional approval of NOX RACT find-               Ellis County, TX .....................................          07/10/15    09/22/17, [Insert FR   TCEQ commitment
       ing for the Martin Marietta (formerly                                                                                            page number            letter of July 29,
       Texas Industries, Inc., or TXI) cement                                                                                           where document         2016.
       manufacturing plant under the 2008 8-                                                                                            begins].
       Hour ozone NAAQS.
     NOX RACT finding under the 2008 8-                   Collin, Dallas, Denton, Tarrant, Ellis,                         07/10/15    09/22/17, [Insert FR   DFW as Moderate
      Hour ozone NAAQS.                                     Johnson, Kaufman, Parker, Rockwall,                                         page number           and Serious.
                                                            and Wise Counties, TX.                                                      where document
                                                                                                                                        begins].
     NOX RACT finding of negative declara-                Collin, Dallas, Denton, Tarrant, Ellis,                         07/10/15    09/22/17, [Insert FR   DFW as Moderate
      tions for nitric acid and adipic acid op-             Johnson, Kaufman, Parker, Rockwall,                                         page number           and Serious.
      erations under the 2008 8-Hour ozone                  and Wise Counties, TX.                                                      where document
      NAAQS.                                                                                                                            begins].



     *       *      *       *      *                              17–134, adopted on September 1, 2017                          Business Paperwork Relief Act of 2002,
     [FR Doc. 2017–20131 Filed 9–21–17; 8:45 am]                  and released on September 5, 2017. The                        Public Law 107–198, see 44 U.S.C.
     BILLING CODE 6560–50–P                                       full text of this document is available for                   3506(c)(4).
                                                                  public inspection and copying during
                                                                                                                                C. Congressional Review Act.
                                                                  normal business hours in the FCC
     FEDERAL COMMUNICATIONS                                       Reference Center (Room CY–A257), 445                            3. The Commission will send a copy
     COMMISSION                                                   12th Street SW., Washington, DC 20554,                        of the Report and Order to Congress and
                                                                  or by downloading the text from the                           the Government Accountability Office
     47 CFR Part 1                                                Commission’s Web site at http://                              pursuant to the Congressional Review
                                                                  transition.fcc.gov/Daily_Releases/Daily_                      Act, 5 U.S.C. 801(a)(1)(A).
     [MD Docket No. 17–134; FCC 17–111]
                                                                  Business/2017/db0906/FCC-17-                                  II. Introduction
     Assessment and Collection of                                 111A1.pdf.
                                                                                                                                   4. The Report and Order adopts a
     Regulatory Fees for Fiscal Year 2017                         I. Administrative Matters                                     schedule of regulatory fees to assess and
     AGENCY:  Federal Communications                                                                                            collect $356,710,992 in regulatory fees
                                                                  A. Final Regulatory Flexibility Analysis
     Commission.                                                                                                                for fiscal year (FY) 2017, pursuant to
                                                                    1. As required by the Regulatory                            section 9 of the Communications Act of
     ACTION: Final rule.
                                                                  Flexibility Act of 1980 (RFA),1 the                           1934, as amended (Communications Act
     SUMMARY:   In this document, the                             Commission has prepared a Final                               or Act) and the Commission’s FY 2017
     Commission revises its Schedule of                           Regulatory Flexibility Analysis (FRFA)                        Appropriation.2 The schedule of
     Regulatory Fees to recover an amount of                      relating to this Report and Order. The                        regulatory fees for FY 2017 adopted here
     $356,710,992 that Congress has required                      FRFA is located towards the end of this                       is listed in Table 4. These regulatory
     the Commission to collect for fiscal year                    document.                                                     fees are due in September 2017. The FY
     2017. Section 9 of the Communications                        B. Final Paperwork Reduction Act of                           2017 regulatory fees are based on the
     Act of 1934, as amended, provides for                        1995 Analysis                                                 proposals in the FY 2017 NPRM,3
     the annual assessment and collection of                                                                                    considered in light of the comments
     regulatory fees under sections 9(b)(2)                         2. This document does not contain                           received and Commission analysis.
     and 9(b)(3), respectively, for annual                        new or modified information collection
                                                                  requirements subject to the Paperwork                         III. Background
     ‘‘Mandatory Adjustments’’ and
     ‘‘Permitted Amendments’’ to the                              Reduction Act of 1995 (PRA), Public                              5. Congress adopted a regulatory fee
     Schedule of Regulatory Fees.                                 Law 104–13. In addition, therefore, it                        schedule in 1993 4 and authorized the
                                                                  does not contain any new or modified
     DATES: Effective September 22, 2017. To
                                                                  information collection burden for small                         2 47 U.S.C. 159. Consolidated Appropriations Act,
     avoid penalties and interest, regulatory                                                                                   2017, Division E—Financial Services and General
                                                                  business concerns with fewer than 25
     fees should be paid by the due date of                                                                                     Government Appropriations Act, 2017, Title V—
                                                                  employees, pursuant to the Small                              Independent Agencies, Public Law 115–31 (May 5,
     September 26, 2017.
                                                                                                                                2017), available at https://www.congress.gov/bill/
     FOR FURTHER INFORMATION CONTACT:                               1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601–              115th-congress/house-bill/244/text.
     Roland Helvajian, Office of Managing                         612, has been amended by the Small Business                     3 Assessment and Collection of Regulatory Fees

     Director at (202) 418–0444.                                  Regulatory Enforcement Fairness Act of 1996                   for Fiscal Year 2017, Notice of Proposed
                                                                  (SBREFA), Public Law 104–121, Title II, 110 Stat.             Rulemaking, 32 FCC Rcd 4526 (FY 2017 NPRM); 82
     SUPPLEMENTARY INFORMATION: This is a                                                                                       FR 26019, June 6, 2017.
                                                                  847 (1996). The SBREFA was enacted as Title II of
     summary of the Commission’s Report                           the Contract with America Advancement Act of                    4 47 U.S.C. 159(g) (showing original fee schedule

     and Order, FCC 17–111, MD Docket No.                         1996 (CWAAA).                                                 prior to Commission amendment).



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Document Created: 2017-09-22 01:52:13
Document Modified: 2017-09-22 01:52:13
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
ActionFinal rule.
DatesThis rule will be effective on October 23, 2017.
ContactMr. Alan Shar (6MM-AA), telephone (214) 665-2164, email [email protected]
FR Citation82 FR 44320 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Hydrocarbons; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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