Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 61357 

1Our Clean Data Policy is set forth in a May 10, 

1995 EPA memorandum from John S. Seitz, 

Director, Office of Air Quality Planning and 

Standards, entitled ‘‘Reasonable Further Progress, 

Attainment Demonstration, and Related 

Requirements for Ozone Nonattainment Areas 

Meeting the Ozone Ambient Air Quality Standard’’. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0420; FRL–8730–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Dallas/Fort Worth 1-Hour Ozone 

Nonattainment Area; Determination of 

Attainment of the 1-Hour Ozone 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA has determined that 

the Dallas/Fort Worth (DFW) 1-hour 

ozone nonattainment area is currently 

attaining the 1-hour ozone National 

Ambient Air Quality Standard 

(NAAQS). This determination is based 

upon certified ambient air monitoring 

data that show the area has monitored 

attainment of the 1-hour ozone NAAQS 

for the 2004–2006 monitoring period. In 

addition, quality controlled and quality 

assured ozone data for 2007 and 2008 

that are available in the EPA Air Quality 

System database show this area 

continues to attain the 1-hour ozone 

NAAQS. The requirements for this area 

to submit an attainment demonstration 

or 5% Increment of Progress (IOP) plan, 

a reasonable further progress (RFP) plan, 

contingency measures, and other 

planning State Implementation Plans 

(SIPs) related to attainment of the 1- 

hour ozone NAAQS are suspended for 

so long as the area continues to attain 

the 1-hour ozone NAAQS. 

DATES: This final rule is effective on 

November 17, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R06–OAR– 

2008–0420. All documents in the docket 

are listed at 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 

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. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

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 (214) 

665–7263, 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 determining that the Dallas/ 

Fort Worth (DFW) 1-hour ozone 

nonattainment area is currently 

attaining the 1-hour ozone National 

Ambient Air Quality Standard 

(NAAQS). This determination is based 

upon certified ambient air monitoring 

data that show the area has monitored 

attainment of the 1-hour ozone NAAQS 

for the 2004–2006 monitoring period. In 

addition, quality controlled and quality 

assured ozone data for 2007 and 2008 

that are available in the EPA Air Quality 

System databases show this area 

continues to attain the 1-hour ozone 

NAAQS. 

The rationale for our action is 

explained in the Notice of Proposed 

Rulemaking (NPR) published on July 11, 

2008 (73 FR 39897) and will not be 

restated here. No public comments were 

received on the NPR. 

II. What Is the Effect of This Action? 

Pursuant to our determination of 

attainment and in accordance with our 

Clean Data Policy 1, this determination 

suspends the requirements for the DFW 

area to submit an attainment 

demonstration, a RFP plan, or in this 

case a 5% IOP plan, (40 CFR 51.905(a)), 

section 172(c)(9) and section 182(c)(9) 

contingency measures, and other SIPs 

related to attainment of the 1-hour 

ozone NAAQS for so long as the area is 

attaining the standard. 

III. Final Action 

We find that the DFW 1-hour ozone 

nonattainment area has attained the 

1-hour ozone standard. Thus the 

requirements for submitting the 

attainment demonstration or 5% IOP 

plan, RFP plan, section 172(c)(9) and 

section 182(c)(9) contingency measures, 

and other SIPs related to attainment of 

the 1-hour ozone NAAQS are suspended 

for so long as the area is attaining the 

standard. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action makes a 

determination based on air quality data, 

and results in the suspension of certain 

Federal requirements. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601, et seq.). 

Because this rule makes a 

determination based on air quality data, 

and results in the suspension of certain 

Federal requirements, it 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). This rule also does not 

have tribal implications because it will 

not have a substantial direct effect on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 


rwilkins on PROD1PC63 with NOTICES
61358 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

makes a determination based on air 

quality data and results in the 

suspension of certain Federal 

requirements, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045, 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it determines that air quality in 

the affected area is meeting Federal 

standards. 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply because it would 

be inconsistent with applicable law for 

EPA, when determining the attainment 

status of an area, to use voluntary 

consensus standards in place of 

promulgated air quality standards and 

monitoring procedures that otherwise 

satisfy the provisions of the Clean Air 

Act. This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501, et seq.). 

Under Executive Order 12898, EPA 

finds that this rule involves a 

determination of attainment based on 

air quality data and will not have 

disproportionately high and adverse 

human health or environmental effects 

on any communities in the area, 

including minority and low-income 

communities. 

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 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. This rule 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 December 15, 

2008. 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 to reclassify the 

HGB area as a severe ozone 

nonattainment area and to adjust 

applicable deadlines 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, 

Nitrogen dioxides, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: October 8, 2008. 

Richard E. Greene, 

Regional Administrator, Region 6. 

■ 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 SS—Texas 

■ 2. Section 52.2275 is amended by 

adding paragraph (f) to read as follows: 

§ 52.2275 Control strategy and 

regulations: Ozone. 

* * * * * 

(f) Determination of Attainment. 

Effective November 17, 2008 EPA has 

determined that the Dallas/Fort Worth 

(DFW) 1-hour ozone nonattainment area 

has attained the 1-hour ozone standard. 

Under the provisions of EPA’s Clean 

Data Policy, this determination 

suspends the requirements for this area 

to submit an attainment demonstration 

or 5% increment of progress plan, a 

reasonable further progress plan, 

contingency measures, and other State 

Implementation Plans related to 

attainment of the 1-hour ozone NAAQS 

for so long as the area continues to 

attain the 1-hour ozone NAAQS. 

[FR Doc. E8–24592 Filed 10–15–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–2005–0036; FRL–8729–7] 

RIN 2060–A089 

Control of Hazardous Air Pollutants 

From Mobile Sources:Early Credit 

Technology Requirement Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

revise the February 26, 2007 mobile 

source air toxics rule’s requirements 

that specify which benzene control 

technologies a refiner may utilize to 

qualify to generate early benzene 

credits. This action will allow another 

specific benzene control technology, 

benzene alkylation, in addition to the 

four operational or technological 

changes specified in the current rule. 

This action also includes a general 

provision that allows a refiner to submit 

a request to EPA to approve other 

benzene-reducing operational changes 

or technologies for the purpose of 

generating early credits. 

DATES: This final rule is effective on 

December 15, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–2005–0036. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI 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. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The EPA/DC 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Eastern Standard 

Time, Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: 

Christine Brunner, Office of 

Transportation and Air Quality, 

Assessment and Standards Division, 

Environmental Protection Agency, 2000 

Traverwood, Ann Arbor, MI 48105; 

telephone number: (734) 214–4287; fax 


rwilkins on PROD1PC63 with NOTICES