79302 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 

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. EPA will submit a 

report containing this action 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 February 18, 2011. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, and Volatile organic 

compounds. 

Dated: December 8, 2010. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart Z—Mississippi 

■ 2. Section 52.1270 (c) is amended by 

revising the entry for ‘‘APC–S–5’’ to read 

as follows: 

§ 52.1270 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSISSIPPI REGULATIONS

State citation Title/subject State effective 

date 

EPA approval 

date Explanation 

*******

APC–S–5—Regulations for the Prevention of Significant Deterioration of Air Quality 

All ........................ ........................... 9/24/2007 ......... 12/20/10 [Insert 

citation of 

publication].

APC–S–5 incorporates by reference the regulations found at 40 

CFR 52.21 as of June 15, 2007; This EPA action is approving 

the incorporation by reference with the exception of the phrase 

‘‘except ethanol production facilities producing ethanol by natural 

fermentation under the North American Industry Classification 

System (NAICS) codes 325193 or 312140,’’ APC–S–5 incorporated by reference from 40 CFR 52.21(b)(1)(i)(a) and 

(b)(1(iii)(t). APC–S–5. 

* * * * * 

[FR Doc. 2010–31893 Filed 12–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R06–OAR–2010–0412; FRL–9240–8] 

Determination of Nonattainment and 

Reclassification of the Dallas/Fort 

Worth 1997 8-Hour Ozone 

Nonattainment Area; Texas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing its 

determination that the Dallas/Fort 

Worth (DFW) moderate 8-hour ozone 

nonattainment area failed to attain the 

1997 8-hour ozone national ambient air 

quality standard (NAAQS or standard) 

by June 15, 2010, the attainment 

deadline set forth in the Clean Air Act 

(CAA or Act) and Code of Federal 

Regulations (CFR) for moderate 

nonattainment areas. This final 

determination is based on EPA’s review 

of complete, quality assured and 

certified ambient air quality monitoring 

data for the 2007–2009 monitoring 

period that are available in the EPA Air 

Quality System (AQS) database. As a 

result of this final action, the DFW area 

will be reclassified by operation of law 

as a serious ozone nonattainment area 

for the 1997 8-hour ozone standard on 

the effective date of this rulemaking. 

The new attainment date for the DFW 

area is as expeditiously as practicable, 

but not later than June 15, 2013. The 

State of Texas must submit State 

Implementation Plan (SIP) revisions 

addressing requirements for ‘‘serious’’ 

areas no later than one year after the 

effective date of this rulemaking. 

DATES: This rule is effective on January 

19, 2011. 

ADDRESSES: EPA established a docket 

for this action under Docket ID No. 

EPA–R06–OAR–2010–0412. All 

documents in the docket are listed at 

http://www.regulations.gov. 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 http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

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 Freedom of 

Information Act (FOIA) Review Room 

between the hours of 8:30 a.m. and 4:30 

p.m. weekdays except for legal holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 


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Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 79303 

1For a list of the serious area requirements 

already in place in the DFW area, see the proposed 

rulemaking (75 FR 47746). 

2See the proposed rulemaking for additional 

information (75 FR 47746). 

Please make the appointment at least 

two working days in advance of your 

visit. There is a fee of 15 cents per page 

for making photocopies of documents. 

On the day of the visit, please check in 

at the EPA Region 6 reception area at 

1445 Ross Avenue, Suite 700, Dallas, 

Texas. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Paige, Air Planning Section, 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–6521; fax number 

214–665–6762; e-mail address 

paige.carrie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means EPA. This 

supplementary information section is 

arranged as follows: 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

We are finalizing our determination 

that the DFW 8-hour ozone moderate 

nonattainment area failed to attain the 

1997 8-hour ozone NAAQS by the 

applicable attainment date. This 

determination is based on qualityassured and certified ambient air 

monitoring data for the years 2007– 

2009. These data show that the DFW 

area was violating the 1997 8-hour 

ozone standard at the time of the June 

15, 2010 attainment deadline. 

As a result of this action, the DFW 

area will be reclassified by operation of 

law as a serious ozone nonattainment 

area for the 1997 8-hour ozone standard 

on the effective date of this rulemaking. 

The rationale for this action is 

explained in the Notice of Proposed 

Rulemaking (NPR) published on August 

9, 2000 (75 FR 47746) and will not be 

restated here. No comments were 

received on the NPR. 

II. What is the effect of this action? 

The DFW area will be reclassified by 

operation of law as a serious ozone 

nonattainment area for the 1997 8-hour 

ozone standard on the effective date of 

this rulemaking. The serious area 

attainment date for the DFW area is as 

expeditiously as practicable, but not 

later than June 15, 2013. 

The revised SIP for the DFW area 

must include all the requirements for 

serious ozone nonattainment area plans, 

such as: (1) Attainment and reasonable 

further progress demonstrations (CAA 

section 182(c)(2), 40 CFR 51.908 and 40 

CFR 51.910); (2) an enhanced 

monitoring program (CAA section 

182(c)(1) and 40 CFR 58.10); (3) an 

enhanced vehicle inspection and 

maintenance program (CAA section 

182(c)(3) and 40 CFR 51.350); (4) clean 

fuel vehicle programs (CAA section 

182(c)(4)); (5) transportation control 

(CAA section 182(c)(5)); (6) a 50 ton-peryear major source threshold (CAA 

section182(c) and 40 CFR 51.165); (7) 

more stringent new source review 

requirements (CAA section 182(c)(6) 

and 40 CFR 51.165); (8) special rules for 

modification of sources (CAA sections 

182(c)(7) and 182(c)(8), and 40 CFR 

51.165); (9) contingency provisions 

(CAA section 182(c)(9)); and (10) 

increased offsets (CAA section 

182(c)(10) and 40 CFR 51.165).1 See also 

the requirements for serious ozone 

nonattainment areas set forth in section 

182(c) of the Act. All applicable controls 

required to demonstrate attainment by 

June 15, 2013 shall be implemented no 

later than March 1, 2012. 

In addition, the requirements of 

section 182(b)(3) relating to Stage II 

gasoline vapor recovery shall apply, 

provided EPA has not determined that 

onboard vapor recovery (ORVR) is in 

widespread use in the motor vehicle 

fleet and waived the section 182(b)(3) 

requirement.2

III. Final Action 

Pursuant to section 181(b)(2) of the 

Act, EPA is making a final 

determination that the DFW 8-hour 

ozone nonattainment area failed to 

attain the 1997 8-hour ozone standard 

by June 15, 2010, the attainment date for 

moderate ozone nonattainment areas. 

Thus, the DFW area will be reclassified 

by operation of law as a serious ozone 

nonattainment area for the 1997 8-hour 

ozone standard on the effective date of 

this rulemaking. 

The submittal of the serious area SIP 

revisions will be due to EPA no later 

than one year after the effective date of 

this rulemaking; except that the 

required SIP revision for Stage II vapor 

recovery will be due to EPA no later 

than two years after the effective date of 

this rulemaking, pursuant to section 

182(b)(3)(A) of the Act. All applicable 

controls required to demonstrate 

attainment by June 15, 2013 shall be 

implemented no later than March 1, 

2012. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 Clean Air Act; 

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, this rule does not have Tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

State, and EPA notes that it will not 

impose substantial direct costs on Tribal 

governments or preempt Tribal law. 

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 


jlentini on DSKJ8SOYB1PROD with RULES
79304 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 

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. EPA will submit a 

report containing this action 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 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 February 18, 

2011. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action 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).) 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: December 12, 2010. 

Al Armendariz, 

Regional Administrator, Region 6. 

40 CFR part 81 is amended as follows: 

PART 81—[AMENDED] 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. In § 81.344 the table entitled 

‘‘Texas—Ozone (8-hour Standard)’’ is 

amended by revising the entries for 

Dallas-Fort Worth, TX and adding a new 

footnote 5 at the end of the table to read 

as follows: 

§ 81.344 Texas. 

* * * * * 

TEXAS—OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

*******

Dallas-Fort Worth, TX: 

Collin County .............. ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

Dallas County ............. ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

Denton County ............ ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

Ellis County ................. ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

Johnson County .......... ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

Kaufman County ......... ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

Parker County ............. ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

Rockwall County ......... ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

Tarrant County ............ ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

***** 5Effective January 19, 2011. 

*****

[FR Doc. 2010–31885 Filed 12–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 262 

[EPA–HQ–RCRA–2003–0012; FRL–9240–5] 

Technical Corrections to the Standards 

Applicable to Generators of Hazardous 

Waste; Alternative Requirements for 

Hazardous Waste Determination and 

Accumulation of Unwanted Material at 

Laboratories Owned by Colleges and 

Universities and Other Eligible 

Academic Entities Formally Affiliated 

With Colleges and Universities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action for six technical corrections to an 

alternative set of hazardous waste 

generator requirements known as the 

‘‘Academic Laboratories rule’’ or 

‘‘Subpart K’’ which is applicable to 

laboratories owned by eligible academic 

entities. These changes correct errors 

published in the Academic Laboratories 

Final rule, including omissions and 

redundancies, as well as remove an 

obsolete reference to the Performance 

Track program, which has been 

terminated. These technical corrections 

will improve the clarity of the Academic 

Laboratories rule. 

DATES: This rule is effective on March 7, 

2011 without further notice, unless EPA 

receives adverse comment by January 

19, 2011. If EPA receives adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that the specific 

amendments in this Direct Final rule for 

which the Agency received adverse 

comment will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2003–0012 by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: rcra-docket@epa.gov. 

• Fax: 202–566–9794. 

• Mail: RCRA Docket, Environmental 

Protection Agency, Mailcode: 28221T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: EPA West Building, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC 20460. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 


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