80 FR 63429 - Clean Air Act Redesignation Substitute for the Houston-Galveston-Brazoria 1-Hour Ozone Nonattainment Area; Texas

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 202 (October 20, 2015)

Page Range		63429-63431
FR Document		2015-26302

The Environmental Protection Agency (EPA) is approving a redesignation substitute demonstration provided by the State of Texas that the Houston-Galveston-Brazoria 1-hour ozone nonattainment area (HGB area) has attained the revoked 1-hour ozone National Ambient Air Quality Standards (NAAQS) due to permanent and enforceable emission reductions, and that it will maintain that NAAQS for ten years from the date of the EPA's approval of this demonstration.

Federal Register, Volume 80 Issue 202 (Tuesday, October 20, 2015)

[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Rules and Regulations]
[Pages 63429-63431]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26302]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0259; FRL-9935-68-Region 6]


Clean Air Act Redesignation Substitute for the Houston-Galveston-
Brazoria 1-Hour Ozone Nonattainment Area; Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
redesignation substitute demonstration provided by the State of Texas 
that the Houston-Galveston-Brazoria 1-hour ozone nonattainment area 
(HGB area) has attained the revoked 1-hour ozone National Ambient Air 
Quality Standards (NAAQS) due to permanent and enforceable emission 
reductions, and that it will maintain that NAAQS for ten years from the 
date of the EPA's approval of this demonstration.

DATES: This final rule is effective on November 19, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2014-0259. All documents in the docket are 
listed on the http://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 http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, (214) 665-6633, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    The background for today's action is discussed in detail in our 
August 18, 2015 proposal (80 FR 49970). In that notice, we proposed to 
approve the ``Redesignation Substitute Report for the Houston-
Galveston-Brazoria One-Hour Standard Nonattainment Area'' 
(redesignation substitute report) submitted by TCEQ to EPA on July 22, 
2014, that demonstrated attainment with the revoked 1-hour ozone 
standard. We did not receive any comments regarding our proposal.

II. Final Action

    Based on the Clean Air Act's criteria for redesignation to 
attainment (CAA section 107(d)(3)(E)) and the regulation for a 
redesignation substitute (40 CFR 51.1105(b)), EPA is finding that Texas 
has successfully demonstrated it has met the requirements for a 
redesignation substitute. In this final action we are

[[Page 63430]]

approving the redesignation substitute for the HGB area based on our 
evaluation that the demonstration provided by the State of Texas that 
shows that the HGB area has attained the revoked 1-hour ozone NAAQS due 
to permanent and enforceable emission reductions, and that it will 
maintain that NAAQS for ten years from the date of this final action. 
In addition, this final action is based on the proposal \1\ and the 
accompanying Technical Support Document (TSD).
---------------------------------------------------------------------------

    \1\ Proposal, Redesignation Substitute for Houston 1 hour ozone 
Standard, (80 FR 49970), August 18, 2015 and normally we would 
include in our basis for the final action comments and Comment 
Response Summary, but we received to comments on the cited proposal.
---------------------------------------------------------------------------

    With this final action, Texas is no longer required to adopt any 
additional applicable 1-hour ozone NAAQS requirements for the area 
which have not already been approved into the SIP. Generally, final 
action would also allow the state to remove or revise the 1-hour ozone 
NAAQS nonattainment NSR provisions in the SIP and, upon a showing of 
consistency with the anti-backsliding checks in CAA sections 110(1) and 
193 (if applicable), shift 1-hour ozone NAAQS requirements which are 
contained in the active portion of the SIP to the contingency measures 
portion of the SIP. We note that because the HGB area was classified as 
severe nonattainment for the 1997 ozone NAAQS the severe classification 
NSR requirement would still apply (October 1, 2008, 73 FR 56983).

III. Statutory and Executive Order Reviews

    Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 
13563 (76 FR 3821, January 21, 2011), 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 merely 
approves a demonstration provided by the State of Texas and finds that 
the HGB area is no longer subject to the anti-backsliding obligations 
for additional measures for the revoked 1-hour ozone NAAQS; and imposes 
no additional requirements. Accordingly, I certify 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 does not impose any additional enforceable duties, 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 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), nor will it 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 Executive Order 13132 (64 FR 43255, 
August 10, 1999), because it merely approves a demonstration provided 
by the State of Texas and finds that the HGB area is no longer subject 
to the anti-backsliding obligations for additional measures for the 
revoked 1-hour ozone NAAQS; and does not alter the relationship or the 
distribution of power and responsibilities established in the CAA. This 
rule also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant.
    The 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.). Additionally, this rule does not involve establishment of 
technical standards, and thus, 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.
    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. EPA has determined that this rule 
will not have disproportionately high and adverse human health or 
environmental effects on minority or low-income populations because it 
does not affect the level of protection provided to human health or the 
environment. The rulemaking does not affect the level of protection 
provided to human health or the environment because approving the 
demonstration provided by Texas and finding that the HGB area is no 
longer subject to the anti-backsliding obligations for additional 
measures for the revoked 1-hour ozone NAAQS does not alter the emission 
reduction measures that are required to be implemented in the HGB area, 
which was classified as Severe nonattainment for the 1997 8-hour ozone 
standard. See 73 FR 56983, October 1, 2008, and 40 CFR 51.1105. 
Additionally, the rule is not an economically significant regulatory 
action based on health or safety risks subject to Executive Order 13045 
(62 FR 19885, April 23, 1997).
    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 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 21, 2015. 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone.

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

    Dated: September 30, 2015.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

[[Page 63431]]

Subpart SS--Texas

0
2. Section 52.2275 is amended by adding paragraph (j) to read as 
follows:


Sec.  52.2275  Control strategy and regulations: Ozone.

* * * * *
    (j) Approval of Redesignation Substitute for the Houston-Galveston-
Brazoria 1-hour Ozone Nonattainment Area. EPA has approved the 
redesignation substitute for the Houston-Galveston-Brazoria 1-hour 
ozone nonattainment area submitted by the State of Texas on July 22, 
2014. The State is no longer being required to adopt any additional 
applicable 1-hour ozone NAAQS requirements for the area.

[FR Doc. 2015-26302 Filed 10-19-15; 8:45 am]
 BILLING CODE 6560-50-P

63430 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations

approving the redesignation substitute or uniquely affect small governments, as obligations for additional measures for
for the HGB area based on our described in the Unfunded Mandates the revoked 1-hour ozone NAAQS does
evaluation that the demonstration Reform Act of 1995 (Pub. L. 104–4). not alter the emission reduction
provided by the State of Texas that This rule also does not have a measures that are required to be
shows that the HGB area has attained substantial direct effect on one or more implemented in the HGB area, which
the revoked 1-hour ozone NAAQS due Indian Tribes, on the relationship was classified as Severe nonattainment
to permanent and enforceable emission between the Federal Government and for the 1997 8-hour ozone standard. See
reductions, and that it will maintain Indian Tribes, or on the distribution of 73 FR 56983, October 1, 2008, and 40
that NAAQS for ten years from the date power and responsibilities between the CFR 51.1105. Additionally, the rule is
of this final action. In addition, this Federal Government and Indian Tribes, not an economically significant
final action is based on the proposal 1 as specified by Executive Order 13175 regulatory action based on health or
and the accompanying Technical (65 FR 67249, November 9, 2000), nor safety risks subject to Executive Order
Support Document (TSD). will it have substantial direct effects on 13045 (62 FR 19885, April 23, 1997).
With this final action, Texas is no the States, on the relationship between The Congressional Review Act, 5
longer required to adopt any additional the national government and the States, U.S.C. 801 et seq., as added by the Small
applicable 1-hour ozone NAAQS or on the distribution of power and Business Regulatory Enforcement
requirements for the area which have responsibilities among the various Fairness Act of 1996, generally provides
not already been approved into the SIP. levels of government, as specified in that before a rule may take effect, the
Generally, final action would also allow Executive Order 13132 (64 FR 43255, agency promulgating the rule must
the state to remove or revise the 1-hour August 10, 1999), because it merely submit a rule report, which includes a
ozone NAAQS nonattainment NSR approves a demonstration provided by copy of the rule, to each House of the
provisions in the SIP and, upon a the State of Texas and finds that the Congress and to the Comptroller General
showing of consistency with the anti- HGB area is no longer subject to the of the United States. EPA will submit a
backsliding checks in CAA sections anti-backsliding obligations for report containing this action and other
110(1) and 193 (if applicable), shift 1- additional measures for the revoked 1- required information to the U.S. Senate,
hour ozone NAAQS requirements which hour ozone NAAQS; and does not alter the U.S. House of Representatives, and
are contained in the active portion of the relationship or the distribution of the Comptroller General of the United
the SIP to the contingency measures power and responsibilities established States prior to publication of the rule in
portion of the SIP. We note that because in the CAA. This rule also is not subject the Federal Register. A major rule
the HGB area was classified as severe to Executive Order 13045 (62 FR 19885, cannot take effect until 60 days after it
nonattainment for the 1997 ozone April 23, 1997), because it is not is published in the Federal Register.
NAAQS the severe classification NSR economically significant. This action is not a ‘‘major rule’’ as
requirement would still apply (October The rule does not impose an defined by 5 U.S.C. 804(2).
1, 2008, 73 FR 56983). information collection burden under the Under section 307(b)(1) of the Clean
provisions of the Paperwork Reduction Air Act, petitions for judicial review of
III. Statutory and Executive Order this action must be filed in the United
Act of 1995 (44 U.S.C. 3501 et seq.).
Reviews States Court of Appeals for the
Additionally, this rule does not involve
Under Executive Orders 12866 (58 FR establishment of technical standards, appropriate circuit by December 21,
51735, October 4, 1993) and 13563 (76 and thus, the requirements of section 2015. Filing a petition for
FR 3821, January 21, 2011), this action 12(d) of the National Technology reconsideration by the Administrator of
is not a ‘‘significant regulatory action’’ Transfer and Advancement Act of 1995 this final rule does not affect the finality
and therefore is not subject to review by (15 U.S.C. 272 note) do not apply. of this action for the purposed of
the Office of Management and Budget. Executive Order 12898 (59 FR 7629, judicial review nor does it extend the
For this reason, this action is also not February 16, 1994) establishes Federal time within which a petition for judicial
subject to Executive Order 13211, executive policy on environmental review may be filed, and shall not
‘‘Actions Concerning Regulations That justice. Its main provision directs postpone the effectiveness of such rule
Significantly Affect Energy Supply, Federal agencies, to the greatest extent or action. This action may not be
Distribution, or Use’’ (66 FR 28355, May practicable and permitted by law, to challenged later in proceedings to
22, 2001). This action merely approves make environmental justice part of their enforce its requirements. (See section
a demonstration provided by the State mission by identifying and addressing, 307(b)(2).)
of Texas and finds that the HGB area is as appropriate, disproportionately high
no longer subject to the anti-backsliding and adverse human health or List of Subjects in 40 CFR Part 52
obligations for additional measures for environmental effects of their programs, Environmental protection, Air
the revoked 1-hour ozone NAAQS; and policies, and activities on minority pollution control, Incorporation by
imposes no additional requirements. populations and low-income reference, Ozone.
Accordingly, I certify that this rule will populations in the United States. EPA Authority: 42 U.S.C. 7401 et seq.
not have a significant economic impact has determined that this rule will not
Dated: September 30, 2015.
on a substantial number of small entities have disproportionately high and
under the Regulatory Flexibility Act (5 adverse human health or environmental Ron Curry,
U.S.C. 601 et seq.). Because this rule effects on minority or low-income Regional Administrator, Region 6.
does not impose any additional populations because it does not affect 40 CFR part 52 is amended as follows:
enforceable duties, it does not contain the level of protection provided to
mstockstill on DSK4VPTVN1PROD with RULES

any unfunded mandate or significantly human health or the environment. The PART 52—APPROVAL AND
rulemaking does not affect the level of PROMULGATION OF
1 Proposal, Redesignation Substitute for Houston protection provided to human health or IMPLEMENTATION PLANS
1 hour ozone Standard, (80 FR 49970), August 18, the environment because approving the
2015 and normally we would include in our basis
demonstration provided by Texas and ■ 1. The authority citation for part 52
for the final action comments and Comment continues to read as follows:
Response Summary, but we received to comments finding that the HGB area is no longer
on the cited proposal. subject to the anti-backsliding Authority: 42 U.S.C. 7401 et seq.

VerDate Sep<11>2014 16:12 Oct 19, 2015 Jkt 238001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM 20OCR1

Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations 63431

Subpart SS—Texas FOR FURTHER INFORMATION CONTACT Table of Contents
section below. I. Background
■ 2. Section 52.2275 is amended by • Mail or Delivery: Mr. Guy A. What is a SIP?
adding paragraph (j) to read as follows: Donaldson, Chief, Air Planning Section B. State Boards
(6PD–L), Environmental Protection II. Overview of the June 13, 2013 State
§ 52.2275 Control strategy and
regulations: Ozone. Agency, 1445 Ross Avenue, Suite 1200, Submittal
Dallas, Texas 75202–2733. III. EPA’s Evaluation of the Submittal
* * * * * Instructions: Direct your comments to IV. Final Action
(j) Approval of Redesignation Docket ID No. EPA–R06–OAR–2013– V. Statutory and Executive Order Reviews
Substitute for the Houston-Galveston- 0614. EPA’s policy is that all comments I. Background
Brazoria 1-hour Ozone Nonattainment received will be included in the public
Area. EPA has approved the docket without change and may be A. What is a SIP?
redesignation substitute for the made available online at Section 110 of the CAA requires states
Houston-Galveston-Brazoria 1-hour www.regulations.gov, including any to develop air pollution regulations and
ozone nonattainment area submitted by personal information provided, unless control strategies to ensure that air
the State of Texas on July 22, 2014. The the comment includes information quality meets the National Ambient Air
State is no longer being required to claimed to be Confidential Business Quality Standards (NAAQS) established
adopt any additional applicable 1-hour Information (CBI) or other information by EPA. The NAAQS are established
ozone NAAQS requirements for the whose disclosure is restricted by statute. under section 109 of the CAA and
area. Do not submit through currently address six criteria pollutants:
[FR Doc. 2015–26302 Filed 10–19–15; 8:45 am] www.regulations.gov or email, Carbon monoxide, nitrogen dioxide,
BILLING CODE 6560–50–P information that you consider to be CBI ozone, lead, particulate matter, and
or otherwise protected. The sulfur dioxide. A SIP is a set of air
www.regulations.gov Web site is an pollution regulations, control strategies,
ENVIRONMENTAL PROTECTION ‘‘anonymous access’’ system, which other means or techniques, and
AGENCY means EPA will not know your identity technical analyses developed by the
or contact information unless you state, to ensure that air quality in the
40 CFR Part 52 state meets the NAAQS. It is required by
provide it in the body of your comment.
[EPA–R06–OAR–2013–0614; FRL–9935–53– If you send an email comment directly section 110 and other provisions of the
Region 6] to EPA without going through CAA. A SIP protects air quality
www.regulations.gov, your email primarily by addressing air pollution at
Approval and Promulgation of Air address will be automatically captured its point of origin. SIPs can be extensive,
Quality Implementation Plans; New and included as part of the comment containing state regulations or other
Mexico; Albuquerque/Bernalillo that is placed in the public docket and enforceable documents, and supporting
County; Revisions to State Boards and made available on the Internet. If you information such as city and county
Conflict of Interest Provisions submit an electronic comment, EPA ordinances, monitoring networks, and
recommends that you include your modeling demonstrations. Each state
AGENCY: Environmental Protection must submit any SIP revision to EPA for
Agency (EPA). name and other contact information in
the body of your comment and with any approval and incorporation into the
ACTION: Direct final rule. federally-enforceable SIP.
disk or CD–ROM you submit. If EPA
cannot read your comment due to The New Mexico SIP includes a
SUMMARY: The Environmental Protection
technical difficulties and cannot contact variety of control strategies, including
Agency (EPA) is approving revisions to
you for clarification, EPA may not be the regulations that outline general
the Albuquerque/Bernalillo County,
able to consider your comment. provisions applicable to Albuquerque/
New Mexico State Implementation Plan
Electronic files should avoid the use of Bernalillo County Air Quality Control
(SIP). These revisions add
special characters, any form of Board (AQCB) regulations and state
administrative updates and clarifying
encryption, and be free of any defects or boards/conflict of interest requirements.
changes to the state board and conflict
of interest provisions in Albuquerque/ viruses. For additional information B. State Boards
Bernalillo County. The EPA is about EPA’s public docket visit the EPA The Act, section 128(a) entitled State
approving these revisions pursuant to Docket Center homepage at Boards, requires each SIP to contain
section 110 of the Clean Air Act (CAA). www.epa.gov/epahome/dockets.htm. provisions which ensure that: (1) Any
DATES: This rule is effective on Docket: All documents in the docket board or body which approves permits
December 21, 2015 without further are listed in the www.regulations.gov or enforcement orders under the Act
notice unless EPA receives relevant index and in hard copy at EPA Region shall have at least a majority of members
adverse comments by November 19, 6, 1445 Ross Avenue, Suite 700, Dallas, who represent the public interest and do
2015. If EPA receives such comments, Texas. While all documents in the not derive any significant portion of
EPA will publish a timely withdrawal in docket are listed in the index, some their income from persons subject to
the Federal Register informing the information may be publicly available permits or enforcement orders under the
public that the rule will not take effect. only at the hard copy location (e.g., Act, and (2) any potential conflicts of
ADDRESSES: Submit your comments,
copyrighted material), and some may interest by members of such board or
identified by Docket ID No. EPA–R06– not be publicly available at either body, or the head of an executive agency
mstockstill on DSK4VPTVN1PROD with RULES

OAR–2013–0614, by one of the location (e.g., CBI). with similar powers, be adequately
following methods: FOR FURTHER INFORMATION CONTACT: Mr. disclosed.
• www.regulations.gov. Follow the John Walser (6PD–L), (214) 665–7128, A state may adopt any requirements
on-line instructions. walser.john@epa.gov. respecting conflicts of interest for such
• Email: Mr. John Walser at SUPPLEMENTARY INFORMATION: boards or bodies or heads of executive
walser.john@epa.gov. Please also send a Throughout this document, ‘‘we,’’ ‘‘us,’’ agencies, or any other entities which are
copy by email to the person listed in the and ‘‘our’’ means EPA. more stringent than the requirements of

VerDate Sep<11>2014 16:12 Oct 19, 2015 Jkt 238001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM 20OCR1

Document Created: 2015-12-14 15:25:58
Document Modified: 2015-12-14 15:25:58

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on November 19, 2015.
Contact		Tracie Donaldson, (214) 665-6633, [email protected]
FR Citation		80 FR 63429
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference and Ozone