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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.051, 6.041, 6.046, and 160.5;
Department of Homeland Security Delegation No. 00170.1, Revision No. 01.2.

ENVIRONMENTAL PROTECTION
AGENCY

2. Add 165.T050710 to read as follows:

EPAR06OAR20200166; FRL889302
R6

165.T050710 Safety Zone; Anacostia River, Washington, DC

Air Plan Approval; Texas; Clean Air Act Requirements for Nonattainment New Source Review and Emission Statements for the 2015 Ozone National Ambient Air Quality Standards
lotter on DSK11XQN23PROD with RULES1

a Location. The following area is a safety zone: All navigable waters of the Anacostia River within 600 feet of the fireworks barge in approximate position latitude 385214.29 N, longitude 0770012.00 W, located near Nationals Park, in Washington, DC. These coordinates are based on datum NAD
83.
b Definitions. As used in this section Captain of the Port COTP means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region.
Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port MarylandNational Capital Region to assist in enforcing the safety zone described in paragraph a of this section.
c Regulations. 1 Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph a of this section unless authorized by the COTP
or the COTPs designated representative.
2 To seek permission to enter, contact the COTP or the COTPs representative by telephone at 410576
2693 or on Marine Band Radio VHFFM
channel 16 156.8 MHz. The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHFFM channel 16 156.8 MHz.
Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTPs designated representative.
d Enforcement officials. The U.S.
Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies.
e Enforcement period. This section will be enforced from 8 p.m. to 11 p.m.
on September 4, 2021, and from 8 p.m.
to 11 p.m. on September 17, 2021.
Dated: September 2, 2021.
David E. OConnell, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region.
FR Doc. 202119426 Filed 9821; 8:45 am BILLING CODE 911004P

VerDate Sep<11>2014

16:45 Sep 08, 2021

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40 CFR Part 52

Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

Pursuant to the Federal Clean Air Act CAA or the Act, the Environmental Protection Agency EPA
is approving the portions of a State Implementation Plan SIP revision submitted by the State of Texas that describes how CAA requirements for Nonattainment New Source Review NNSR and emission statements are met in the Dallas-Fort Worth DFW, Houston-Galveston-Brazoria HGB, and Bexar County ozone nonattainment areas for the 2015 Ozone National Ambient Air Quality Standards NAAQS.

SUMMARY:

This rule is effective on October 12, 2021.
ADDRESSES: The EPA has established a docket for this action under Docket ID
No. EPAR06OAR20200166. All documents in the docket are listed on the https www.regulations.gov website. 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. Publicly available docket materials are available electronically through https www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Robert Todd, EPA Region 6 Office, Infrastructure and Ozone Section, 214
6652156, todd.robert@epa.gov. The EPA Region 6 office is closed to the public to reduce the risk of transmitting COVID19. Please call or email the contact listed above if you need alternative access to material indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document we, us, and our means the EPA.
DATES:

I. Background The background for this action is discussed in detail in our February 11, 2021 proposal 86 FR 9041. In that
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document we proposed to approve portions of a SIP revision submitted by the State of Texas on June 24, 2020, that describes how CAA requirements for NNSR and emission statements are met in the DFW, HGB, and Bexar County ozone nonattainment areas for the 2015
ozone NAAQS.
We received comments on our proposal, from several commenters. Our responses to the comments follow.
II. Response to Comments Comment: Two commenters pointed out that the United States Court of Appeals for the District of Columbia Circuit D.C. Circuit vacated portions of the 2018 rule implementing the 2015
Ozone NAAQS that allowed interprecursor trading of pollutants.1 One commenter stated that according to a Texas Commission on Environmental Quality TCEQ guidance document, EPAs approval of inter-precursor trade IPT is presumed unless EPA
disapproves the trade during the public comment period. The commenter also stated that EPA cannot rely on previous approvals of the States NNSR program to meet current requirements.
Response: While the D.C. Circuit has rendered a judgment vacating the portion of EPAs NNSR EPA regulation that allows inter-precursor trading to meet the offset requirements for ozone, the ozone inter-precursor trading component in the Texas NNSR program regulations is no longer operative for ozone and thus does not preclude approval of this SIP revision that otherwise satisfies NNSR requirements.
The court held that the IPT provision for ozone in EPAs NNSR regulation was contrary to the CAA because the plain language in the statute . . .
requires that increased volatile organic compound VOC emissions be offset with reductions in VOC, and the same is true for ozone in most circumstances.2 Following the courts decision, EPA notified TCEQ in a letter dated June 17, 2021, that the EPA can no longer approve any IPT requests for ozone under procedures in the Texas SIP rules that require that TCEQ submit such trades to EPA for approval. In a response to EPA dated June 25, 2021, TCEQ confirmed that its NNSR interprecursor trading provisions cannot function without EPAs approval of trades, and the State has not approved any IPT requests for ozone without the prior approval of EPA.3 In its June 25, 1 Sierra Club v. EPA, 985 F.3d 1055 D.C. Cir.
2021.
2 Sierra Club, 985 F.3d at 106061.
3 The text of each letter is available in the docket to this action.

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