44320 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

[FR Doc. 2017–20163 Filed 9–21–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0496; FRL–9967–53– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Reasonably Available Control 

Technology for the 2008 8-Hour Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is conditionally 

approving revisions to the Texas State 

Implementation Plan (SIP) addressing 

Oxides of Nitrogen (NOX) Reasonably 

Available Control Technology (RACT) 

for the Martin Marietta (formerly, Texas 

Industries, Inc., or TXI) cement 

manufacturing plant in Ellis County. We 

are fully approving revisions to the 

Texas SIP addressing NOX RACT for all 

other affected sources in the ten county 

Dallas Fort Worth (DFW) 2008 8-Hour 

ozone nonattainment area. We are also 

approving NOX RACT negative 

declarations (a finding that there are no 

major sources of NOX emissions in 

certain categories) for the DFW 2008 8- 

Hour ozone nonattainment area. The 

DFW 2008 8-Hour ozone nonattainment 

area consists of Collin, Dallas, Denton, 

Ellis, Johnson, Kaufman, Parker, 

Rockwall, Tarrant, and Wise counties. 

The RACT requirements apply to major 

sources of NOX in these ten counties. 

DATES: This rule will be effective on 

October 23, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2015–0496. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

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 (6MM–AA), 

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 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan Shar (6MM–AA), telephone (214) 

665–2164, email shar.alan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Outline 

I. Background 

II. Public Comments 

III. Response to Comments 

IV. Final Actions 

V. Statutory and Executive Order Reviews 

I. Background 

The background for this action is 

discussed in detail in the July 19, 2017 

(82 FR 33026) proposal. In that 

document, the EPA proposed to 

conditionally approve revisions to the 

Texas SIP that the TCEQ submitted to 

EPA in its Appendix F (a component of 

the 2008 8-Hour DFW ozone 

nonattainment area plan) of the July 10, 

2015 DFW SIP submittal. The July 19, 

2017 Federal Register (FR) action 

proposed to conditionally approve 

revisions to the Texas SIP addressing 

NOX RACT for the Martin Marietta 

(MM) cement manufacturing plant in 

Ellis County. See section 110(k)(4) of the 

Clean Air Act (CAA, Act), and section 

II.F of the Proposal. 

We proposed to fully approve 

revisions to the Texas SIP addressing 

NOX RACT for all other affected sources 

in the ten county DFW 2008 8-Hour 

ozone nonattainment area. See section 

II.B of the Proposal. 

We also proposed to approve NOX

RACT negative declarations for the 

nitric acid and adipic acid 

manufacturing operations within the ten 

County DFW 2008 8-Hour ozone 

nonattainment area. See section II.C of 

the Proposal. 

The Proposal and the Technical 

Support Document (TSD) prepared in 

conjunction with that FR action provide 

detailed description and the rationale 

for the proposed decisions. Please see 

the docket ID No. EPA–R06–OAR– 

2015–0496 for the TSD and other 

documents regarding the Proposal. 

II. Public Comments 

The public comment period for the 

July 19, 2017 (82 FR 33026) proposal 

expired on August 19, 2017, and we 

received relevant comments from 

Holcim, TCEQ, and Ash Grove on the 

proposed actions during this period. 

Our response to relevant comments 

received during public comment period 

is below. 

III. Response to Comments 

Comment #1: Holcim supported 

EPA’s action on the Proposal. 

Response: We appreciate the support. 

Comment #2: TCEQ requested 

clarification on its SIP revision process 

addressing conditional approval for the 

MM cement manufacturing plant 

through a voluntary Agreed Order (AO) 

or rulemaking action. 

Response: State has the option of 

choosing what mechanism, for example; 

a voluntary AO or rulemaking action, to 

use when revising its SIP as long as a 

revision is made in conformance with 

section 110 of the Act and applicable 

State law. No change to our NOX RACT 

determination is made as a result of this 

comment. 

Comment #3: Ash Grove supported 

EPA’s action, stating its NOX limit is 

driven by 40 CFR 60.62 (New Source 

Performance Standards—NSPS). The 

commenter contends that its air permit 

is not a part of a federally enforceable 

SIP submittal. 

Response: We appreciate the support. 

The NOX RACT emission limitation of 

1.5 lb/ton of clinker produced is 

required per 40 CFR 60.62(a) or NSPS 

subpart F that is consistent with limits 

established in Ash Grove’s consent 

decree. We agree with the comment that 

its air permit was not a component of 

TCEQ SIP submittal; however, inclusion 

of air permit in record was intended to 

create a thorough and complete docket. 

No change to our NOX RACT 

determination for this plant is made as 

a result of this comment. 

This concludes our response to 

comments received. Based on our 

evaluation and responses, no changes to 

the Proposed NOX RACT determinations 

have been made. Therefore, we are 

Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations 44321 

finalizing the 82 FR 33026 proposal as 

published on July 19, 2017. 

IV. Final Actions 

We are conditionally approving NOX

RACT for the MM cement 

manufacturing plant in Ellis County, 

Texas. We are fully approving revisions 

to the Texas SIP addressing NOX RACT 

for all other affected sources in the ten 

county DFW 2008 8-Hour ozone 

nonattainment area. We are also 

approving NOX RACT negative 

declarations for the nitric acid and 

adipic acid manufacturing operations 

within the ten County DFW 2008 8- 

Hour ozone nonattainment area. 

The EPA had previously approved 

RACT for all affected NOX sources 

under the 1-Hour and the 1997 8-Hour 

ozone standards. Based on our approval 

of 30 TAC Chapter 117 rules for control 

of nitrogen compounds on April 13, 

2016 (81 FR 21747), and the Proposed 

RACT action of July 19, 2017 (82 FR 

33026), Texas is implementing RACT 

for all affected NOX sources in the ten 

County DFW area under the 2008 8- 

Hour ozone standard. 

V. 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. Additional information about 

these statutes and Executive Orders can 

be found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review, Executive Order 

13563: Improving Regulation and 

Regulatory Review and Executive Order 

13771: Reducing Regulations and 

Controlling Regulatory Costs 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. This 

action is not an Executive Order 13771 

regulatory action because this action is 

not significant under Executive Order 

12866. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA because this action does not 

impose additional requirements beyond 

those imposed by state law. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities beyond those imposed by state 

law. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action does not 

impose additional requirements beyond 

those imposed by state law. 

Accordingly, no additional costs to 

State, local, or tribal governments, or to 

the private sector, will result from this 

action. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will 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. 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, because the SIP is not 

approved to apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction, and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not impose additional 

requirements beyond those imposed by 

state law. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

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 November 21, 

2017. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposed 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).) 

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

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: September 12, 2017. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

44322 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations 

1See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601– 

612, has been amended by the Small Business 

Regulatory Enforcement Fairness Act of 1996 

(SBREFA), Public Law 104–121, Title II, 110 Stat. 

847 (1996). The SBREFA was enacted as Title II of 

the Contract with America Advancement Act of 

1996 (CWAAA). 

2 47 U.S.C. 159. Consolidated Appropriations Act, 

2017, Division E—Financial Services and General 

Government Appropriations Act, 2017, Title V— 

Independent Agencies, Public Law 115–31 (May 5, 

2017), available at https://www.congress.gov/bill/ 

115th-congress/house-bill/244/text. 3Assessment and Collection of Regulatory Fees 

for Fiscal Year 2017, Notice of Proposed 

Rulemaking, 32 FCC Rcd 4526 (FY 2017 NPRM); 82 

FR 26019, June 6, 2017. 4 47 U.S.C. 159(g) (showing original fee schedule 

prior to Commission amendment). 

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

Subpart SS—Texas 

■ 2. In § 52.2270(e) the table titled ‘‘EPA 

approved nonregulatory provisions and 

quasi-regulatory measures in the Texas 

SIP’’ is amended by adding three new 

entries at the end. 

The additions read as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or 

non-attainment area 

State 

submittal/ 

effective date 

EPA approval date Comments 

*******

Conditional approval of NOX RACT finding for the Martin Marietta (formerly 

Texas Industries, Inc., or TXI) cement 

manufacturing plant under the 2008 8- 

Hour ozone NAAQS.

Ellis County, TX ..................................... 07/10/15 09/22/17, [Insert FR 

page number 

where document 

begins].

TCEQ commitment 

letter of July 29, 

2016. 

NOX RACT finding under the 2008 8- 

Hour ozone NAAQS.

Collin, Dallas, Denton, Tarrant, Ellis, 

Johnson, Kaufman, Parker, Rockwall, 

and Wise Counties, TX.

07/10/15 09/22/17, [Insert FR 

page number 

where document 

begins].

DFW as Moderate 

and Serious. 

NOX RACT finding of negative declarations for nitric acid and adipic acid operations under the 2008 8-Hour ozone 

NAAQS.

Collin, Dallas, Denton, Tarrant, Ellis, 

Johnson, Kaufman, Parker, Rockwall, 

and Wise Counties, TX.

07/10/15 09/22/17, [Insert FR 

page number 

where document 

begins].

DFW as Moderate 

and Serious. 

* * * * * 

[FR Doc. 2017–20131 Filed 9–21–17; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[MD Docket No. 17–134; FCC 17–111] 

Assessment and Collection of 

Regulatory Fees for Fiscal Year 2017 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission revises its Schedule of 

Regulatory Fees to recover an amount of 

$356,710,992 that Congress has required 

the Commission to collect for fiscal year 

2017. Section 9 of the Communications 

Act of 1934, as amended, provides for 

the annual assessment and collection of 

regulatory fees under sections 9(b)(2) 

and 9(b)(3), respectively, for annual 

‘‘Mandatory Adjustments’’ and 

‘‘Permitted Amendments’’ to the 

Schedule of Regulatory Fees. 

DATES: Effective September 22, 2017. To 

avoid penalties and interest, regulatory 

fees should be paid by the due date of 

September 26, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Roland Helvajian, Office of Managing 

Director at (202) 418–0444. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, FCC 17–111, MD Docket No. 

17–134, adopted on September 1, 2017 

and released on September 5, 2017. The 

full text of this document is available for 

public inspection and copying during 

normal business hours in the FCC 

Reference Center (Room CY–A257), 445 

12th Street SW., Washington, DC 20554, 

or by downloading the text from the 

Commission’s Web site at http://

transition.fcc.gov/Daily_Releases/Daily_

Business/2017/db0906/FCC-17- 

111A1.pdf. 

I. Administrative Matters 

A. Final Regulatory Flexibility Analysis 

1. As required by the Regulatory 

Flexibility Act of 1980 (RFA),1 the 

Commission has prepared a Final 

Regulatory Flexibility Analysis (FRFA) 

relating to this Report and Order. The 

FRFA is located towards the end of this 

document. 

B. Final Paperwork Reduction Act of 

1995 Analysis 

2. This document does not contain 

new or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. In addition, therefore, it 

does not contain any new or modified 

information collection burden for small 

business concerns with fewer than 25 

employees, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

C. Congressional Review Act. 

3. The Commission will send a copy 

of the Report and Order to Congress and 

the Government Accountability Office 

pursuant to the Congressional Review 

Act, 5 U.S.C. 801(a)(1)(A). 

II. Introduction 

4. The Report and Order adopts a 

schedule of regulatory fees to assess and 

collect $356,710,992 in regulatory fees 

for fiscal year (FY) 2017, pursuant to 

section 9 of the Communications Act of 

1934, as amended (Communications Act 

or Act) and the Commission’s FY 2017 

Appropriation.2 The schedule of 

regulatory fees for FY 2017 adopted here 

is listed in Table 4. These regulatory 

fees are due in September 2017. The FY 

2017 regulatory fees are based on the 

proposals in the FY 2017 NPRM,3

considered in light of the comments 

received and Commission analysis. 

III. Background 

5. Congress adopted a regulatory fee 

schedule in 1993 4 and authorized the