80 FR 81466 - Determination of Attainment; Texas; Houston-Galveston-Brazoria 1997 Ozone Nonattainment Area; Determination of Attainment of the 1997 Ozone Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 250 (December 30, 2015)
Federal Register Volume 80, Issue 250 (December 30, 2015)
| Page Range | 81466-81467 | |
| FR Document | 2015-32752 |
[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)] [Rules and Regulations] [Pages 81466-81467] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32752] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2015-0117; FRL-9940-63-Region 6] Determination of Attainment; Texas; Houston-Galveston-Brazoria 1997 Ozone Nonattainment Area; Determination of Attainment of the 1997 Ozone Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) has determined that the Houston-Galveston-Brazoria (HGB) 8-hour ozone nonattainment area is currently attaining the 1997 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 1997 ozone NAAQS for the 2012-2014 monitoring period and continues to monitor attainment of the NAAQS based on preliminary 2015 data. Thus, the requirements for this area to submit an attainment demonstration, a reasonable further progress (RFP) plan, contingency measures, and other State Implementation Plan (SIP) documents related to attainment of the 1997 ozone NAAQS shall be suspended for so long as the area continues to attain the 1997 ozone NAAQS. DATES: This final rule is effective on January 29, 2016. ADDRESSES: The EPA has established a docket for this action under Docket No. EPA-R06-OAR-2015-0117. 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. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: Wendy Jacques, (214) 665-7395, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' and ``our'' means the EPA. I. Background The background for today's action is discussed in detail in our Proposal (80 FR 49187, August 17, 2015). In that document, we proposed to determine that the HGB ozone nonattainment area is currently in attainment of the 1997 ozone standard based on the most recent 3 years of quality-assured air quality data. Certified ambient air monitoring data show that the area has monitored attainment of the 1997 ozone NAAQS for the 2012-2014 monitoring period and continues to monitor attainment of the NAAQS based on preliminary 2015 data. Our Proposal provides our rationale for this rulemaking. Please see the docket for this and other documents regarding our Proposal. The public comment period for our Proposal closed on September 16, 2015. II. Response to Comments We received no adverse comments. We received one letter dated September 2, 2015, from the Texas Commission on Environmental Quality (TCEQ or the Commenter) supporting our Proposal. A summary of the comment and our response follows. Comment: The Commenter agrees with our Proposal to determine that the HGB ozone nonattainment area is currently in attainment of the 1997 ozone standard based upon certified ambient air monitoring data for the 2012-2014 monitoring period and preliminary 2015 monitoring data. Response: We concur with the Commenter. III. What is the effect of this action? In accordance with our Clean Data Policy as codified in 40 CFR 51.1118, a determination of attainment suspends the requirements for the TCEQ to submit the attainment demonstration and associated reasonably available control measures, RFP plans, contingency measures for failure to attain or make reasonable progress and other planning SIPs related to attaining the 1997 ozone NAAQS in the HGB area for so long as the area continues to attain the standard. However, should the area violate the 1997 ozone standard after this Clean Data Determination is finalized, the EPA would rescind the CDD. IV. Final Action Based on the Proposal \1\ and the certified ambient air monitoring data contained therein, EPA finds that the HGB ozone nonattainment area has attained the 1997 ozone standard and meets the requirements in 40 CFR 51.1118. This Clean Data Determination provides that Texas is no longer required to submit the attainment demonstration and other planning SIPs related to attainment of the 1997 ozone NAAQS, for so long as the area is attaining the standard. --------------------------------------------------------------------------- \1\ 80 FR 49187 August 17, 2015. --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews This action makes a determination of attainment based on air quality, and would, if finalized, result in the suspension of certain Federal requirements, and it would not impose additional requirements beyond those imposed by state law. For that reason, this action: [[Page 81467]]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, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it merely makes a determination based on air quality data. 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 February 29, 2016. 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, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: December 15, 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. Subpart SS--Texas 0 2. Section 52.2275 is amended by adding paragraph (k) to read as follows: Sec. 52.2275 Control strategy and regulations: Ozone. * * * * * (k) Determination of Attainment. Effective January 29, 2016 the EPA has determined that the Houston-Galveston-Brazoria 8-hour ozone nonattainment area has attained the 1997 ozone standard. Under the provisions of the EPA's Clean Data Policy, this determination suspends the requirements for this area to submit an attainment demonstration and other State Implementation Plans related to attainment of the 1997 ozone NAAQS for so long as the area continues to attain the 1997 ozone NAAQS. [FR Doc. 2015-32752 Filed 12-29-15; 8:45 am] BILLING CODE 6560-50-P
![81466 Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Rules and Regulations
piers and the future swing span change hour ozone nonattainment area is comment period for our Proposal closed
out, an extensive but necessary currently attaining the 1997 ozone on September 16, 2015.
maintenance operation. The reason for National Ambient Air Quality Standard
II. Response to Comments
the request is that poor weather has (NAAQS). This determination is based
delayed the preparatory work necessary upon certified ambient air monitoring We received no adverse comments.
to accomplish the modification to the data that show the area has monitored We received one letter dated September
rest piers. Navigation on the waterway attainment of the 1997 ozone NAAQS 2, 2015, from the Texas Commission on
consists of tugs with tows, fishing for the 2012–2014 monitoring period Environmental Quality (TCEQ or the
vessels and recreational crafts. and continues to monitor attainment of Commenter) supporting our Proposal. A
The Coast Guard has coordinated the the NAAQS based on preliminary 2015 summary of the comment and our
closure with waterway users, industry, data. Thus, the requirements for this response follows.
and other Coast Guard units and area to submit an attainment Comment: The Commenter agrees
determined that this closure will not demonstration, a reasonable further with our Proposal to determine that the
have a significant effect on vessel traffic. progress (RFP) plan, contingency HGB ozone nonattainment area is
During this deviation for bridge measures, and other State currently in attainment of the 1997
rehabilitation, vessels will not be Implementation Plan (SIP) documents ozone standard based upon certified
allowed to pass through the bridge related to attainment of the 1997 ozone ambient air monitoring data for the
during the eight-hour closures each day NAAQS shall be suspended for so long 2012–2014 monitoring period and
as stated above. Many of the vessels that as the area continues to attain the 1997 preliminary 2015 monitoring data.
currently require an opening of the draw ozone NAAQS. Response: We concur with the
will be able to pass using the opposite DATES: This final rule is effective on Commenter.
channel from 3 p.m. to 7 a.m. when the January 29, 2016.
deviations are not in effect. The bridge III. What is the effect of this action?
ADDRESSES: The EPA has established a
will not be able to open for emergencies docket for this action under Docket No. In accordance with our Clean Data
and there is no immediate alternate EPA–R06–OAR–2015–0117. All Policy as codified in 40 CFR 51.1118, a
route for vessels to pass. The Coast documents in the docket are listed on determination of attainment suspends
Guard will also inform the users of the the http://www.regulations.gov Web the requirements for the TCEQ to submit
waterways through our Local and site. Although listed in the index, some the attainment demonstration and
Broadcast Notices to Mariners of the information is not publicly available, associated reasonably available control
change in operating schedule for the e.g., Confidential Business Information measures, RFP plans, contingency
bridge so that vessels can arrange their or other information whose disclosure is measures for failure to attain or make
transits to minimize any impact caused restricted by statute. Certain other reasonable progress and other planning
by the temporary deviation. material, such as copyrighted material, SIPs related to attaining the 1997 ozone
In accordance with 33 CFR 117.35(e), is not placed on the Internet and will be NAAQS in the HGB area for so long as
the drawbridge must return to its regular publicly available only in hard copy. the area continues to attain the
operating schedule immediately at the Publicly available docket materials are standard. However, should the area
end of the effective period of this available either electronically through violate the 1997 ozone standard after
temporary deviation. This deviation http://www.regulations.gov or in hard this Clean Data Determination is
from the operating regulations is copy at EPA Region 6, 1445 Ross finalized, the EPA would rescind the
authorized under 33 CFR 117.35. Avenue, Suite 1200, Dallas, Texas CDD.
Dated: December 24, 2015. 75202–2733. IV. Final Action
David M. Frank, FOR FURTHER INFORMATION CONTACT:
Bridge Administrator, Eighth Coast Guard Wendy Jacques, (214) 665–7395, Based on the Proposal 1 and the
District. jacques.wendy@epa.gov. certified ambient air monitoring data
[FR Doc. 2015–32871 Filed 12–29–15; 8:45 am] SUPPLEMENTARY INFORMATION: contained therein, EPA finds that the
Throughout this document, ‘‘we,’’ ‘‘us,’’ HGB ozone nonattainment area has
BILLING CODE 9110–04–P
and ‘‘our’’ means the EPA. attained the 1997 ozone standard and
meets the requirements in 40 CFR
I. Background 51.1118. This Clean Data Determination
ENVIRONMENTAL PROTECTION provides that Texas is no longer
AGENCY The background for today’s action is
discussed in detail in our Proposal (80 required to submit the attainment
40 CFR Part 52 FR 49187, August 17, 2015). In that demonstration and other planning SIPs
document, we proposed to determine related to attainment of the 1997 ozone
[EPA–R06–OAR–2015–0117; FRL–9940–63– that the HGB ozone nonattainment area NAAQS, for so long as the area is
Region 6] attaining the standard.
is currently in attainment of the 1997
Determination of Attainment; Texas; ozone standard based on the most recent V. Statutory and Executive Order
Houston-Galveston-Brazoria 1997 3 years of quality-assured air quality Reviews
Ozone Nonattainment Area; data. Certified ambient air monitoring
data show that the area has monitored This action makes a determination of
Determination of Attainment of the attainment based on air quality, and
1997 Ozone Standard attainment of the 1997 ozone NAAQS
for the 2012–2014 monitoring period would, if finalized, result in the
mstockstill on DSK4VPTVN1PROD with RULES
AGENCY: Environmental Protection and continues to monitor attainment of suspension of certain Federal
Agency (EPA). the NAAQS based on preliminary 2015 requirements, and it would not impose
ACTION: Final rule. data. additional requirements beyond those
Our Proposal provides our rationale imposed by state law. For that reason,
SUMMARY: The Environmental Protection for this rulemaking. Please see the this action:
Agency (EPA) has determined that the docket for this and other documents
Houston-Galveston-Brazoria (HGB) 8- regarding our Proposal. The public 1 80 FR 49187 August 17, 2015.
VerDate Sep<11>2014 16:09 Dec 29, 2015 Jkt 238001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\30DER1.SGM 30DER1](https://thefederalregister.org/doc/80_FR_81716/page/1.svg)
![Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Rules and Regulations 81467
• Is not a ‘‘significant regulatory This action is not a ‘‘major rule’’ as DEPARTMENT OF DEFENSE
action’’ subject to review by the Office defined by 5 U.S.C. 804(2).
of Management and Budget under Defense Acquisition Regulations
Under section 307(b)(1) of the Clean
Executive Orders 12866 (58 FR 51735, System
Air Act, petitions for judicial review of
October 4, 1993) and 13563 (76 FR 3821, this action must be filed in the United
January 21, 2011); 48 CFR Parts 212, 229, and 252
States Court of Appeals for the
• Does not impose an information [Docket DARS–2014–0046]
appropriate circuit by February 29,
collection burden under the provisions
of the Paperwork Reduction Act (44 2016. Filing a petition for RIN 0750–AI26
U.S.C. 3501 et seq.); reconsideration by the Administrator of
• Is certified as not having a this final rule does not affect the finality Defense Federal Acquisition
significant economic impact on a of this action for the purposed of Regulation Supplement: Taxes—
substantial number of small entities judicial review nor does it extend the Foreign Contracts in Afghanistan
under the Regulatory Flexibility Act (5 time within which a petition for judicial (DFARS Case 2014–D003)
U.S.C. 601 et seq.); review may be filed, and shall not AGENCY: Defense Acquisition
• Does not contain any unfunded postpone the effectiveness of such rule Regulations System, Department of
mandate or significantly or uniquely or action. This action may not be Defense (DoD).
affect small governments, as described challenged later in proceedings to ACTION: Final rule.
in the Unfunded Mandates Reform Act enforce its requirements. (See section
of 1995 (Pub. L. 104–4); 307(b)(2).) SUMMARY: DoD is issuing a final rule
• Does not have Federalism amending the Defense Federal
List of Subjects in 40 CFR Part 52 Acquisition Regulation Supplement
implications as specified in Executive
Order 13132 (64 FR 43255, August 10, Environmental protection, Air (DFARS) to notify contractors of
1999); pollution control, Incorporation by requirements relating to Afghanistan
• Is not an economically significant reference, Intergovernmental relations, taxes for contracts performed in
regulatory action based on health or Ozone, Reporting and recordkeeping Afghanistan.
safety risks subject to Executive Order requirements, Volatile organic DATES: Effective December 30, 2015.
13045 (62 FR 19885, April 23, 1997); compounds. FOR FURTHER INFORMATION CONTACT: Ms.
• Is not a significant regulatory action Julie Hammond, telephone 571–372–
subject to Executive Order 13211 (66 FR Dated: December 15, 2015.
6174.
28355, May 22, 2001); Ron Curry,
• Is not subject to requirements of SUPPLEMENTARY INFORMATION:
Regional Administrator, Region 6.
section 12(d) of the National I. Background
Technology Transfer and Advancement 40 CFR part 52 is amended as follows:
DoD published a proposed rule in the
Act of 1995 (15 U.S.C. 272 note) because
PART 52—APPROVAL AND Federal Register at 79 FR 35715 on June
application of those requirements would
PROMULGATION OF 24, 2014, to revise the DFARS to add
be inconsistent with the CAA; and
IMPLEMENTATION PLANS two new clauses that notify contractors
• Does not provide EPA with the
of requirements relating to Afghanistan
discretionary authority to address, as
■ 1. The authority citation for part 52 taxes when contracts are being
appropriate, disproportionate human
continues to read as follows: performed in Afghanistan. Three
health or environmental effects, using
respondents submitted public
practicable and legally permissible Authority: 42 U.S.C. 7401 et seq. comments in response to the proposed
methods, under Executive Order 12898
rule.
(59 FR 7629, February 16, 1994). Subpart SS—Texas
In addition, this rule does not have II. Discussion and Analysis
tribal implications as specified by ■ 2. Section 52.2275 is amended by DoD reviewed the public comments in
Executive Order 13175 (65 FR 67249, adding paragraph (k) to read as follows: the development of the final rule. A
November 9, 2000), because it merely discussion of the comments is provided
makes a determination based on air § 52.2275 Control strategy and
below:
quality data. regulations: Ozone.
The Congressional Review Act, 5 * * * * * A. Summary of Significant Changes
U.S.C. 801 et seq., as added by the Small From the Proposed Rule
(k) Determination of Attainment.
Business Regulatory Enforcement Effective January 29, 2016 the EPA has The final rule amends DFARS clause
Fairness Act of 1996, generally provides determined that the Houston-Galveston- 252.229–7014, Taxes—Foreign
that before a rule may take effect, the Brazoria 8-hour ozone nonattainment Contracts in Afghanistan, to reference
agency promulgating the rule must area has attained the 1997 ozone the bilateral security agreement entitled
submit a rule report, which includes a standard. Under the provisions of the ‘‘The Security and Defense Cooperation
copy of the rule, to each House of the EPA’s Clean Data Policy, this Agreement between the Islamic
Congress and to the Comptroller General determination suspends the Republic of Afghanistan and the United
of the United States. EPA will submit a States of America’’ signed on September
requirements for this area to submit an
report containing this action and other 30, 2014. The reference to the bilateral
attainment demonstration and other
mstockstill on DSK4VPTVN1PROD with RULES
required information to the U.S. Senate, security agreement replaces the
State Implementation Plans related to
the U.S. House of Representatives, and reference to the prior Agreement entered
the Comptroller General of the United attainment of the 1997 ozone NAAQS into between the United States and
States prior to publication of the rule in for so long as the area continues to Afghanistan on May 28, 2003, regarding
the Federal Register. A major rule attain the 1997 ozone NAAQS. the ‘‘Status of United States Military
cannot take effect until 60 days after it [FR Doc. 2015–32752 Filed 12–29–15; 8:45 am] and Civilian Personnel of the U.S.
is published in the Federal Register. BILLING CODE 6560–50–P Department of Defense Present in
VerDate Sep<11>2014 16:09 Dec 29, 2015 Jkt 238001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\30DER1.SGM 30DER1](https://thefederalregister.org/doc/80_FR_81716/page/2.svg)
Document Created: 2015-12-30 03:16:24
Document Modified: 2015-12-30 03:16:24
| 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 January 29, 2016. | |
| Contact | Wendy Jacques, (214) 665-7395, [email protected] | |
| FR Citation | 80 FR 81466 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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