
[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Rules and Regulations]
[Pages 22291-22294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09474]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0054; FRL-9960-15-Region 6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the 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 describes how CAA requirements for 
vehicle inspection and maintenance (I/M), nonattainment new source 
review (NNSR) and emission statements are met in the Houston-Galveston-
Brazoria ozone nonattainment area (HGB area) for the 2008 ozone NAAQS. 
EPA is also making a ministerial correction to the Code of Federal 
Regulations (CFR) to accurately reflect approved SIP revisions that 
pertain to Texas I/M provisions.

DATES: This rule is effective on July 14, 2017 without further notice, 
unless the EPA receives relevant adverse comment by June 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-
2017-0054, at http://www.regulations.gov or via email to 
young.carl@epa.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the Web, cloud, or other file sharing system). For 
additional submission methods, please contact Carl Young, 214-665-6645, 
young.carl@epa.gov. For the full EPA public comment policy, information 
about CBI or multimedia submissions, and general guidance on making 
effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all

[[Page 22292]]

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: Carl Young, 214-665-6645, 
young.carl@epa.gov. To inspect the hard copy materials, please schedule 
an appointment with Mr. Young or Mr. Bill Deese at 214-665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means 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 HGB area was classified as a ``Marginal'' ozone 
nonattainment area for the 2008 8-hour ozone NAAQS and initially given 
an attainment date of no later than December 31, 2015 (77 FR 30088 and 
77 FR 30160, May 21, 2012). The HGB area consists of Brazoria, 
Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller 
counties.
    On December 23, 2014, the D.C. Circuit 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 ozone Marginal nonattainment 
areas, including the HGB area as July 20, 2015 (80 FR 12264, March 6, 
2015). The HGB area qualified for a 1-year extension of the attainment 
deadline and we revised the attainment deadline to July 20, 2016 (81 FR 
26697, May 4, 2016). As the HGB area did not meet the revised 
attainment deadline of July 20, 2016, we reclassified the area to 
``Moderate'' and set a due date for a revised SIP of January 1, 2017 
(81 FR 90207, December 14, 2016).
    On December 29, 2016, Texas submitted a SIP revision for the HGB 
area. The SIP revision included a description of how CAA requirements 
for I/M, NNSR, and Emission Statements from stationary point sources 
are met in the HGB area for the 2008 ozone NAAQS, using already-
existing measures previously approved by EPA. A copy of the SIP 
revision is available on line at www.regulations.gov, Docket number 
EPA-R06-OAR-2017-0054. In the SIP revision submittal, Texas noted that: 
(1) The I/M program SIP revision approved by EPA on November 14, 2001 
(66 FR 57261) meets the CAA requirements for ozone nonattainment areas 
classified as Serious or above; (2) the NNSR program SIP revision was 
initially approved by EPA in 1995 (60 FR 49781, September 27, 1995) and 
that emissions thresholds and pollutant offset requirements are based 
on nonattainment classifications; and (3) the SIP revision pertaining 
to emissions inventory requirements approved by EPA on August 26, 1994 
(59 FR 44036) meets the CAA requirement for emission statements. The 
codification of the Texas SIP approved by EPA can be found at 40 CFR 
52.2270(c).
    In addition, in a separate (but related) matter, in reviewing the 
Texas SIP, we found that our July 25, 2014, final rule approved 
revisions to the Texas I/M provisions but our amendments to the CFR 
failed to include the explanation that 30 TAC Section 114.50(b)(2) is 
not part of the Texas SIP (79 FR 43264). 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. See 66 FR 57261, 
57262 (November 14, 2001).

II. The EPA's Evaluation

A. CAA Requirements for I/M in the HGB 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 HGB area 
was classified as Severe nonattainment for these revoked ozone NAAQS, 
an enhanced I/M program is required in the HGB 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 Severe classification 
is one classification higher than the Serious classification and two 
classifications 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) as 
discussed above. Under these provisions Brazoria, Fort Bend, Galveston, 
Harris and Montgomery Counties in the HGB area are included in the I/M 
program. Chambers, Liberty and Waller Counties are not included in the 
I/M program for the HGB area. 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. Chambers, Liberty and Waller Counties 
are not required to be in the I/M program as they are not included in 
the urbanized area. See 70 FR 58119, 58132 (October 5, 2005) and 71 FR 
52670 (September 6, 2006). Therefore, since the provisions in the Texas 
SIP already include the CAA I/M requirements for the HGB area, we are 
approving this portion of the SIP revision.

B. CAA Requirements for NNSR in the HGB Area

    The applicable NNSR requirements for the various ozone 
nonattainment classifications are described in CAA section 182 and 
further defined in 40 CFR 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)).

[[Page 22293]]

    The Texas SIP already 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 HGB area 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 
for ozone nonattainment areas classified as Moderate, we are approving 
this portion of the SIP revision.

C. CAA Requirements for Emission Statements

    CAA section 182(a)(3)(B) calls for the SIP for all ozone 
nonattainment areas to require that the owner or operator of each 
stationary source of nitrogen oxides or volatile organic compounds 
(ozone precursors) provide the State with an annual statement of 
emissions along with a certification that this information is accurate 
to the best knowledge of the individual certifying the statement.
    The Texas SIP includes 30 TAC Section 101.10 (Emissions Inventory 
Requirements). The certification for emission statements is found at 30 
TAC Section 101.10(d) (Certifying statement). Therefore, since the 
Texas SIP already includes the CAA emission statement requirement, we 
are approving this portion of the SIP revision.

III. Final Action

    We are approving a revision to the Texas SIP submitted on December 
29, 2016, that describes how CAA requirements for vehicle I/M, NNSR and 
emission statements for large stationary point sources are met in the 
HGB area for the 2008 ozone NAAQS. We are also making a ministerial 
correction to the Code of Federal Regulations (CFR) to accurately 
reflect that 30 TAC Section 114.50(b)(2) is not part of the Texas SIP.
    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 July 14, 2017 
without further notice unless we receive relevant adverse comment by 
June 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 July 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 
April 14, 2017 through the order of succession outlined in Regional 
Order R6-1110.1, 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.


[[Page 22294]]


    Dated: April 14, 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.

Subpart SS--Texas

0
2. In Sec.  52.2270:
0
a. In paragraph (c) the table titled ``EPA Approved Regulations in the 
Texas SIP'' is amended by revising the entry for Section 114.50.
0
b. In paragraph (e), the second table titled ``EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP'' is amended by adding an entry at the end for ``Vehicle Inspection 
and Maintenance, Nonattainment New Source Review and Emission Statement 
Requirements for the 2008 Ozone NAAQS''.
    The amendments reads as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                                        EPA Approved Regulations in the Texas SIP
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                                                              State approval/
          State citation                 Title/subject           submittal              EPA approval date                        Explanation
                                                                   date
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                                                                      * * * * * * *
Section 114.50...................  Vehicle Emission                2/12/2014  10/7/2016, 81 FR 69679..............  Subsection 114.50(b)(2) is NOT part
                                    Inspection Requirements.                                                         of the approved SIP.
 
                                                                      * * * * * * *
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* * * * *
    (e) * * *

                                  EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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                                                                   State
      Name of SIP provision         Applicable geographic or    submittal/              EPA approval date                         Comments
                                       nonattainment area     effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Vehicle Inspection and             Houston-Galveston-             12/29/2016  5/15/2017, [Insert Federal Register   ....................................
 Maintenance, Nonattainment New     Brazoria, TX.                              citation].
 Source Review and Emission
 Statement Requirements for the
 2008 Ozone NAAQS.
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[FR Doc. 2017-09474 Filed 5-12-17; 8:45 am]
BILLING CODE 6560-50-P


