Federal Register - March 1, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Proposed Rules program to compensate for the exclusion of the urbanized population of 8,735 in Wise County.7 Thus, Wise County need not implement an I/M
program.
Therefore, since the provisions in the Texas SIP already include the I/M
requirements specified by the CAA for serious ozone nonattainment areas, we are proposing to approve this portion of the two SIP revisions.
Nonattainment NSR
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.8 For serious ozone nonattainment areas, major sources are defined as any stationary source or group of sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 50 tons per year tpy of NOX or VOC see CAA sections 182c and 182f, and 40 CFR 51.165. The emission offset ratio required for serious ozone nonattainment areas is 1.2 to 1
see CAA section 182c10.
The EPA-approved 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.9 These provisions require new major sources or major modifications at existing sources in the DFW and HGB
areas to comply with the lowest achievable emission rate and obtain emission offsets at the serious classification ratio of 1.2 to 1.
Therefore, since the provisions in the Texas SIP already include the NNSR
requirements specified by the CAA for serious ozone nonattainment areas, we are proposing to approve this portion of the two SIP revisions.
III. Proposed Action We are proposing to approve portions of two revisions to the Texas SIP
7 All population data in this paragraph are from the 1990 Census. The 1990 Census report for Texas is in the docket for this rulemaking.
8 Offsets are the ratio of total emissions reductions of NOX or VOC to the emissions increase of such air pollutant.
9 See 60 FR 49781, September 27, 1995 and subsequent revisions at 77 FR 65119, October 25, 2012 and 79 FR 66626, November 10, 2014.
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submitted on May 13, 2020, that describe how CAA requirements for vehicle I/M and NNSR are met in the DFW and HGB serious ozone nonattainment areas for the 2008 ozone NAAQS.
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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, the EPAs role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve 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. 1044;
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 12d 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
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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 proposed 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.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 5, 2021.
David Gray, Acting Regional Administrator, Region 6.
FR Doc. 202102758 Filed 22621; 8:45 am BILLING CODE 656050P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR03OAR20200320; FRL10020
55Region 3
Air Plan Approval; Pennsylvania; 1997
8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the Youngstown-WarrenSharon Area; Reopening of Comment Period Environmental Protection Agency EPA.
ACTION: Proposed rule; reopening of public comment period.
AGENCY:
The Environmental Protection Agency EPA is reopening the comment period for a proposed rulemaking published in the Federal Register on October 30, 2020. EPA is reopening the comment period based on a request for a 15-day extension.
DATES: The comment period will reopen until March 16, 2021 to allow additional time for stakeholders to review and comment on the proposal. The comment period for the proposed rulemaking published October 30, 2020 85 FR
68826, which ended on November 30, 2020, is being reopened. EPA must receive comments on or before March 16, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR03
OAR20200320 at https
www.regulations.gov, or via email to gordon.mike@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting SUMMARY:
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