Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Proposed Rules 11913 

1For a history of the ozone NAAQS, please visit 

https://www.epa.gov/ground-level-ozone-pollution/ 

table-historical-ozone-national-ambient-air-qualitystandards-naaqs. For information on EPA’s periodic 

review of the ozone NAAQS, please visit https://

www.epa.gov/naaqs/ozone-o3-air-qualitystandards. 

■ a. Revising the introductory text; and 

■ b. Adding a period at the end of 

paragraph (f). 

The revision and addition read as 

follows: 

§ 213.39 Exceptions to mandatory transfer. 

USAID is not required to transfer a 

debt to the Financial Management 

Service (FMS) of the U.S. Department of 

the Treasury pursuant to § 214.37(b) 

during such period of time that the debt: 

* * * * * 

Kent Kuyumjian, 

Deputy Chief Financial Officer. 

[FR Doc. 2021–03385 Filed 2–26–21; 8:45 am] 

BILLING CODE 6116–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 96 

46 CFR Parts 71, 115, and 176 

[Docket No. USCG–2020–0123] 

RIN 1625–AC65 

Safety Management Systems for 

Domestic Passenger Vessels 

AGENCY: Coast Guard, DHS. 

ACTION: Advance notice of proposed 

rulemaking; correction. 

SUMMARY: The Coast Guard is correcting 

an advance notice of proposed 

rulemaking (ANPRM) published in the 

Federal Register of January 15, 2021, 

seeking public comment on the 

potential use of Safety Management 

Systems (SMSs) to improve safety and 

reduce marine casualties on board U.S.- 

flagged passenger vessels. The ANPRM 

contained an incorrect internal crossreference in the list of questions for the 

public. 

DATES: March 1, 2021. 

FOR FURTHER INFORMATION CONTACT: For 

information about this document, call or 

email Lieutenant Kimberly Gates, Vessel 

and Facility Operating Standards 

Division (CG–OES–2), U.S. Coast Guard; 

telephone 202–372–1455, email 

kimberly.m.gates@uscg.mil. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2021–01058, beginning on page 3899 in 

the issue of January 15, 2021, make the 

following correction in the 

SUPPLEMENTARY INFORMATION section: 

On page 3902 in the third column, in 

the paragraph for Question 19, replace 

the text ‘‘question 4’’ with the text 

‘‘question 6.’’ 

The corrected Question 19 reads as 

follows: ‘‘How would the costs and 

benefits of expanding other existing 

regulations, as detailed in question 6, 

differ from the costs and benefits of 

requiring SMSs for all passenger 

vessels?’’ 

Dated: February 19, 2021. 

M.T. Cunningham, 

Chief, Office of Regulations and 

Administrative Law, U.S. Coast Guard. 

[FR Doc. 2021–04011 Filed 2–26–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2020–0343; FRL–10016– 

31–Region 6] 

Air Plan Approval; Texas; Clean Air 

Act Requirements for Enhanced 

Vehicle Inspection and Maintenance 

and Nonattainment New Source 

Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is proposing to approve portions of two 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Texas for the 2008 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS). The SIP revisions proposed 

for approval describe how CAA 

requirements for vehicle Inspection and 

Maintenance (I/M) and Nonattainment 

New Source Review (NNSR) are met in 

the Dallas-Fort Worth (DFW) and 

Houston-Galveston-Brazoria (HGB) 

serious ozone nonattainment areas. 

DATES: Written comments must be 

received on or before March 31, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2020–0343, at https://

www.regulations.gov or via email to 

paige.carrie@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 Carrie Paige, 214–665–6521, 

paige.carrie@epa.gov. For the full EPA 

public comment policy, information 

about CBI or multimedia submissions, 

and general guidance on making 

effective comments, please visit https:// 

www.epa.gov/dockets/commenting-epadockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov. While all 

documents in the docket are listed in 

the index, some information may not be 

publicly available due to docket file size 

restrictions or content (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Paige, EPA Region 6 Office, 

Infrastructure and Ozone Section, 214– 

665–6521, paige.carrie@epa.gov. Out of 

an abundance of caution for members of 

the public and our staff, the EPA Region 

6 office may be closed to the public to 

reduce the risk of transmitting COVID– 

19. We encourage the public to submit 

comments via https://

www.regulations.gov, as there will be a 

delay in processing mail and no courier 

or hand deliveries will be accepted. 

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 wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

On March 12, 2008, the EPA revised 

both the primary and secondary NAAQS 

for ozone 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).1 The 2008 ozone NAAQS retains 

the same general form and averaging 

time as the 0.08 ppm NAAQS set in 

1997 but is set at a more protective 

level. Specifically, the 2008 ozone 

NAAQS is attained when the 3-year 

average of the annual fourth-highest 

daily maximum 8-hour average ambient 

air quality ozone concentrations is less 

11914 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Proposed Rules 

2The current NAAQS for ozone is an 8-hour 

standard of 0.070 ppm, finalized in 2015 (October 

26, 2015, 80 FR 65292). This action does not 

address the 2015 ozone NAAQS. 

3The attainment deadline for a serious area 

classification is 9 years after the initial designation 

as nonattainment, which in this case is July 20, 

2021. See 40 CFR 51.1103 and 84 FR 44238. 

4NOX and Volatile Organic Compounds (VOC) 

are precursors to ozone formation. 

5We 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 nonfederal vehicle; and (2) the 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). 

6Texas is not included in the Ozone Transport 

Region (OTR), which is defined at CAA section 

184(a). 

than or equal to 0.075 ppm. See 40 CFR 

50.15.2

Both the DFW and HGB areas were 

designated as nonattainment for the 

2008 ozone NAAQS (77 FR 30088, May 

21, 2012). The DFW area consists of 

Collin, Dallas, Denton, Ellis, Johnson, 

Kaufman, Parker, Rockwall, Tarrant and 

Wise counties. 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 

moderate ozone nonattainment areas, 

including the DFW area as July 20, 

2018, and the HGB area (initially 

classified as marginal) 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). The HGB 

area did not meet the revised attainment 

deadline of July 20, 2016, and we 

reclassified the area to moderate (81 FR 

90207, December 14, 2016). The DFW 

and HGB areas did not meet the 

moderate area attainment deadline and 

were accordingly reclassified as serious 

(84 FR 44238, August 23, 2019).3

Section 182 of the CAA outlines SIP 

requirements applicable to ozone 

nonattainment areas in each 

classification category. The serious area 

classification triggers additional 

requirements, including NNSR and 

enhanced vehicle I/M. See CAA section 

182(c) and 40 CFR 51.350. 

On May 13, 2020, the Texas 

Commission on Environment Quality 

(TCEQ or State) submitted to EPA a SIP 

revision for each of the DFW and HGB 

serious ozone nonattainment areas. In 

those SIP revisions, the State describes 

how the DFW and HGB areas meet the 

enhanced vehicle I/M program and 

NNSR requirements for serious ozone 

nonattainment areas using existing 

measures already approved into the SIP. 

These two SIP revisions are available in 

the docket for this action, at 

www.regulations.gov, docket number 

EPA–R06–OAR–2020–0343. 

II. The TCEQ Submittals and EPA’s 

Evaluation 

The two Texas SIP revisions include 

a statement certifying that the DFW and 

HGB areas meet the serious area 

requirements for enhanced I/M and 

nonattainment NSR for the 2008 eighthour ozone NAAQS. In addition, the SIP 

revisions provide a brief history of the 

enhanced I/M and NNSR programs in 

the Texas SIP. The SIP revisions also 

state that, (1) the vehicle I/M program in 

the DFW and HGB ozone nonattainment 

areas meet the federal requirements for 

areas classified as serious or above; and 

(2) because the Texas SIP includes 

nonattainment NSR requirements, the 

requirements for nonattainment NSR are 

met for the DFW and HGB serious ozone 

nonattainment areas. 

Enhanced Vehicle Inspection and 

Maintenance 

Section 182(c)(3) of the CAA requires 

states with ozone nonattainment areas 

classified as serious or worse to 

implement an enhanced program to 

reduce hydrocarbon emissions and 

nitrogen oxides (NOX) 4 emissions from 

in-use motor vehicles registered in each 

urbanized area in the nonattainment 

area. The Federal rules addressing I/M 

program requirements are provided at 

40 CFR part 51, subpart S and further 

defined at 40 CFR 51.350 

(Applicability). Under these 

requirements, serious ozone 

nonattainment areas in urbanized areas 

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)). 

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).5 Under these 

provisions Brazoria, Fort Bend, 

Galveston, Harris, and Montgomery 

counties in the HGB area are included 

in the 

I/M program, and Collin, Dallas, 

Denton, Ellis, Johnson, Kaufman, 

Parker, Rockwall, and Tarrant counties 

in the DFW area are included in the I/ 

M program. 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. These programs 

were adopted and approved as meeting 

the applicable requirements of the I/M 

rules in response to the area 

designations under the one-hour ozone 

standard and later the 1997 8-hour 

standard. The size of the HGB 

nonattainment area did not change with 

the implementation of the 2008 ozone 

standard. As a result, EPA’s previous 

finding that the program covers the 

necessary vehicle population is still 

appropriate. See 70 FR 58119, 58132 

(October 5, 2005) and 71 FR 52670 

(September 6, 2006). Wise County was 

added to the DFW nonattainment area 

under the 2008 standard. Wise County, 

however, is not required to be included 

in the I/M program as the current I/M 

program in the DFW area sufficiently 

covers a non-urbanized area population 

greater than the urbanized area in Wise 

County. To verify, we evaluate the 

extent of area coverage for I/M, as 

defined at 40 CFR 51.350(b)(2): 

‘‘Outside of ozone transport regions, 

programs shall nominally cover at least 

the entire urbanized area, based on the 

1990 census.6 Exclusion of some urban 

population is allowed as long as an 

equal number of non-urban residents of 

the MSA containing the subject 

urbanized area are included to 

compensate for the exclusion.’’ Based 

on the 1990 census, the urban 

population of the DFW area covered by 

the I/M program (which consisted of 9 

counties: Collin, Dallas, Denton, Ellis, 

Johnson, Kaufman, Parker, Rockwall 

and Tarrant) was 3,198,259 and the 

urban population of Wise County was 

8,735. Thus, the population of the entire 

urbanized area was 3,206,994 (3,198,259 

+ 8,735). The urban and non-urban 

population of the 9-county DFW area 

was 3,885,415. By subtracting the 

population of the entire urbanized area 

(3,206,994) from the urban and nonurban populations of the 9-county DFW 

I/M area (3,885,415¥3,206,994 = 

678,421), more than an equal number of 

non-urban residents in the 9-county 

DFW area are included in the I/M 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Proposed Rules 11915 

7All population data in this paragraph are from 

the 1990 Census. The 1990 Census report for Texas 

is in the docket for this rulemaking. 

8Offsets are the ratio of total emissions 

reductions of NOX or VOC to the emissions increase 

of such air pollutant. 

9See 60 FR 49781, September 27, 1995 and 

subsequent revisions at 77 FR 65119, October 25, 

2012 and 79 FR 66626, November 10, 2014. 

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 182(c) 

and 182(f), and 40 CFR 51.165). The 

emission offset ratio required for serious 

ozone nonattainment areas is 1.2 to 1 

(see CAA section 182(c)(10). 

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 

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. 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 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. 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 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. 2021–02758 Filed 2–26–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0320; FRL–10020– 

55–Region 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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; reopening of 

public comment period. 

SUMMARY: 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. EPA–R03– 

OAR–2020–0320 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