[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Rules and Regulations]
[Pages 48318-48322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18885]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2007-0356; FRL--9842-6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Victoria County, 1997 8-Hour Ozone Section 110 (a)(1)
Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action approving revisions to the
Texas State Implementation Plan (SIP). The submitted revisions include
a maintenance plan for Victoria County, Texas, developed to ensure
continued attainment of the 1997 8-hour National Ambient Air Quality
Standard (NAAQS or standard). The Maintenance Plan meets the
requirements of Section 110(a)(1) of the Federal Clean Air Act (CAA or
Act), EPA's rules, and is consistent with EPA's guidance. On March 12,
2008, EPA issued a revised ozone standard. Today's action is being
taken to address requirements under the 1997 ozone standard. EPA is
approving the revision pursuant to section 110 of the CAA.
DATES: This rule is effective on October 7, 2013 without further
notice, unless EPA receives relevant adverse comment by September 9,
2013. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-0356, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
EPA Region 6 Contact Us Web site: http://epa.gov/region6/r6coment.htm. Please click on ''6PD'' (Multimedia) and select ''Air''
before submitting comments.
Email: Mr. Guy Donaldson at [email protected]. Please
also send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8:00 a.m. and 4:00 p.m. weekdays
except for legal holidays. Special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2007-0356. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
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, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in 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 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 15 cent per page
fee 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.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Kenneth W. Boyce, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-7259; fax number
214-665-7263; email address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we''
``us'' or ``our'' is used, we mean the EPA.
Outline
I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
[[Page 48319]]
I. Background
On March 3, 1978, under the 1977 Clean Air Act (CAA) amendments,
Victoria County, Texas, was designated a nonattainment area because it
did not meet the National Ambient Air Quality Standards (NAAQS) for 1-
hour ozone (43 FR 8962). As required by the CAA, the state of Texas
submitted a State Implementation Plan (SIP) to the EPA in 1979. This
SIP outlined control measures to bring the area into attainment for the
1-hour ozone NAAQS. This SIP was approved by EPA in two actions, one in
March 25, 1980 (45 FR 19231) and another in August 13, 1984 (49 FR
32180). An additional SIP revision for Victoria County was submitted to
EPA on November 12, 1992. This submission revised the air monitoring,
reporting and record keeping requirements for VOC sources and was
approved by EPA on March 7, 1995 (60 FR 12438).
On July 27, 1994, Texas submitted a request to redesignate Victoria
County to attainment for the 1-hour ozone NAAQS. At the same time,
Texas submitted the required ozone monitoring data and a maintenance
plan to ensure the area would remain in attainment for ozone for a
period of 10 years. The maintenance plan submitted by Texas followed
EPA guidance for limited maintenance areas, which provides relief for
ozone areas that have design values less than 85% of the applicable
standard. In this case, the applicable standard was the 1-hour ozone
standard of 0.12 parts per million (ppm). At the time of the
redesignation request, the design value for Victoria County was 0.100
ppm, well below the 85% threshold of 0.106 ppm. EPA approved Texas's
request to redesignate to attainment Victoria County for the 1-hour
ozone NAAQS and the maintenance plan on March 7, 1995, with an
effective date of May 8, 1995 (60 FR 12453).
Section 175A(b) of the CAA as amended in 1990 requires the state to
submit a subsequent maintenance plan to EPA eight years after
designation to attainment. The eight-year deadline for submittal was
May 8, 2003. The state adopted a maintenance plan on February 5, 2003,
and submitted the plan to EPA on February 18, 2003. EPA approved the
maintenance plan revision on January 3, 2005 (70 FR 22). This
submission satisfied the CAA requirement for the Victoria County 1-hour
ozone area.
On April 30, 2004, EPA designated and classified areas for the 1997
8-hour ozone NAAQS, and published the final phase 1 rule for
implementation of the 1997 8-hour ozone NAAQS (69 FR 23951). Victoria
County was designated as attainment/unclassifiable for the 1997 8-hour
ozone standard, effective June 15, 2004 (69 FR 23858), and was required
to submit a 10-year maintenance plan under section 110(a)(1) of the
1990 CAA Amendments and the phase 1 rule. On May 20, 2005, EPA issued
guidance providing information regarding how a state might fulfill the
maintenance plan obligation established by the Act and the Phase 1 rule
(Memorandum from Lydia N. Wegman to Air Division Directors, Maintenance
Plan Guidance Document for Certain 8-hour Ozone Areas Under Section
110(a)(1) of Clean Air Act, May 20, 2005).
On March 7, 2007, TCEQ submitted a SIP revision to address the
110(a)(1) requirements. On July 28, 2010, Texas submitted a revision to
the contingency portion of the Maintenance Plan. These submitted SIP
revisions are intended to satisfy the section 110(a)(1) CAA
requirements for Victoria County 1997 8-hour ozone area. This SIP
revision satisfies the section 110(a)(1) CAA requirements for a plan
that provides for implementation, maintenance, and enforcement of the
1997 8-hour ozone NAAQS in the Victoria County, Texas, area.
On December 22, 2006, the United States Court of Appeals for the
District of Columbia Circuit issued an opinion that vacated EPA's Phase
1 Implementation Rule for the 1997 8-Hour Ozone Standard. (South Coast
Air Quality Management District. v. EPA, 472 F.3d 882 (D.C. Cir.
2006)). Petitions for rehearing were filed with the Court, and on June
8, 2007, the Court modified the scope of the vacatur of the Phase 1
rule. See 489 F.3d 1245 (D.C. Cir. 2007), cert. denied, 128 S.Ct. 1065
(2008). The Court vacated those portions of the Rule that provide for
regulation of the 1997 8-hour ozone NAAQS nonattainment areas under
Subpart 1 in lieu of Subpart 2 and that allow backsliding with respect
to new source review, penalties, milestones, contingency plans, and
motor vehicle emission budgets. Consequently, the Court's modified
ruling does not alter any requirements under the Phase 1 implementation
rule for the 1997 8-hour ozone NAAQS for maintenance plans.
II. Analysis of the State's Submittals
In this action, EPA is approving the State's maintenance plan for
the 1997 ozone NAAQS for the area of Victoria County, Texas because EPA
finds that the Texas submittals meet the requirements of section
110(a)(1) of the CAA, EPA's rule, and are consistent with EPA's
guidance. As required, the submitted plan provides for continued
attainment and maintenance of the 1997 ozone NAAQS in the area for 10
years from the effective date of the area's designation as
unclassifiable/attainment for the 1997 ozone NAAQS, and includes
components illustrating how the area will continue in attainment of the
1997 ozone NAAQS and contingency measures. Our analysis of the State's
submission is discussed below.
Section 110(a)(1) of the CAA does not explicitly state what is
required for a maintenance plan, so the guidance suggested using CAA
section 175A, which states the requirements for a maintenance plan, as
a guide for states to use in developing their maintenance plans. The
required components of a Maintenance Plan under CAA Section 175A
include:
(a) An attainment inventory;
(b) A maintenance demonstration;
(c) Ambient air quality monitoring;
(d) A contingency plan, and;
(e) Verification of continued attainment.
TCEQ has structured this 8-hour ozone maintenance plan around these
components.
(a) Attainment Inventory--The TCEQ has selected 2002 as ``the
attainment inventory'' for purposes of demonstrating maintenance of the
8-hour ozone NAAQS in Victoria County. An attainment emissions
inventory (EI) includes emissions of VOCs and NOX during the
time period associated with monitoring data showing attainment. VOC and
NOX emissions are key components in the formation of ozone.
As recommended by the EPA, the TCEQ selected 2002 as the attainment
emission inventory base year because it is one of the three years on
which the 8-hour ozone designation was based. The 2002 VOC and
NOX emissions for the Victoria County area were developed
consistent with EPA guidance and are summarized in Tables 2 and 3 in
the following subsection.
(b) Maintenance Demonstration--The March 7, 2007, submittal
includes a 10-year maintenance plan for Victoria County. The
maintenance demonstration is satisfied if the state demonstrates that
future projected EIs are consistently less than the 2002 attainment or
baseline EI. The final projection year, 2014, was selected as 10 years
from the attainment year of 2004, and the intermediate year of 2010 was
selected as a mid-point in the 10-year period to demonstrate continued
reductions. These projected inventories were developed using EPA-
approved methodologies. Please see the TSD for
[[Page 48320]]
more information on EPA's review and evaluation of the State's
methodologies, modeling, inputs, etc., for developing the 2010 and 2014
projected emissions inventories.
As recommended by EPA guidance, this demonstration:
(i) Shows compliance and maintenance of the 8-hour ozone standard
by assuring that current and future emissions of VOC and NOX
remain at or below attainment or baseline EI of 2002. The year 2002 was
chosen as the baseline and attainment year because it is one of the
most recent three years (i.e., 2002, 2003, and 2004) for which Victoria
County has clean air quality data for the 8-hour ozone standard.
(ii) Uses 2002 as the attainment year and includes future inventory
projected years for 2010 and 2014.
(iii) Identifies an ``out year'', at least 10 years after the
effective date of classification as attainment.
(iv) Provides the following actual and projected emissions
inventories for Victoria County.
Table 2--Total VOC Emissions for 2002-2014
[tpd]
----------------------------------------------------------------------------------------------------------------
2002 VOC 2004 VOC 2010 VOC 2014 VOC
Source category Emissions Emissions Emissions Emissions
----------------------------------------------------------------------------------------------------------------
Nonroad Mobile.................................. 1.21 1.00 0.64 0.57
Area............................................ 6.28 6.31 6.85 7.23
Point........................................... 2.60 3.10 3.30 3.60
Onroad Mobile................................... 3.29 2.71 1.78 1.40
---------------------------------------------------------------
Total....................................... 13.38 13.12 12.57 12.8
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Table 3--Total NOX Emissions for 2002-2014
[tpd]
----------------------------------------------------------------------------------------------------------------
2002 NOX 2004 NOX 2010 NOX 2014 NOX
Source category Emissions Emissions Emissions Emissions
----------------------------------------------------------------------------------------------------------------
Nonroad Mobile.................................. 2.23 2.02 1.77 1.51
Area............................................ 2.56 2.65 2.90 3.07
Point........................................... 13.00 15.00 16.00 17.00
Onroad Mobile................................... 11.26 9.72 4.86 2.90
---------------------------------------------------------------
Total....................................... 29.05 29.39 25.53 24.48
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EPA finds that the future emissions levels in 2010 and 2014 are not
expected to exceed the emissions levels in 2002. EPA notes that total
NOX emissions in 2004 were slightly higher than the base-
year but, air quality monitoring data continued to show attainment.
(c) Monitoring Network--The method chosen to verify continued
attainment is the ambient air quality monitoring network. The ambient
air monitoring sites will remain active at their present locations
during the entire length of the maintenance plan period (2014) or if
relocated or removed, will be done with EPA's concurrence. This data
will be quality controlled and submitted to EPA AIRS on a monthly
basis. The Victoria County monitoring network consists of two ambient
air monitors. The first monitor is located in the City of Victoria
(CAMS 87) and is the monitor driving the area's design value. The
monitors are managed in accordance with 40 CFR Part 58, to verify the
attainment status of the county. The second monitor located southeast
of the City of Victoria (CAMS 602) became operational on July 19, 2000.
CAMS 602 is only run half a year each year and does not meet EPA
requirements for data completeness for showing attainment. This
additional monitoring network goes beyond the required minimum for
Victoria County. Both monitors will be used to detect if and when
levels have been exceeded for contingency measure triggering purposes.
The State of Texas has committed in its maintenance plan to continue
operation of an appropriate ozone monitoring network and to work with
EPA in compliance with 40 CFR part 58 with regard to the continued
adequacy of the network, if additional monitoring is needed, and when
monitoring can be discontinued. The commitment is also to continue
quality assurance according to the EPA regulations.
(d) Contingency Plan--The 8-Hour Ozone phase 1 Rule requires the
Section 110(a)(1) maintenance plan include such contingency provisions
as necessary to promptly address any violation of the NAAQS that
occurs. The contingency plan will ensure that the contingency measures
are adopted expeditiously once they are triggered. The maintenance plan
should identify the events that would trigger the adoption and
implementation of a contingency measure(s), the contingency measure(s)
that would be adopted and implemented, and the schedule indicating the
time frame by which the state would adopt and implement the measure(s).
The Victoria contingency plan ensures that the contingency measures
are adopted expeditiously if they are triggered. A series of early
triggers have been established in order to effectuate appropriate and
timely responses to indications of a possible future violation of the
NAAQS. Thus, actions will be taken as follows to avoid a violation and
potential redesignation to nonattainment.
If Victoria County monitors a three-year eight-hour ozone average
at or above 82 parts per billion (ppb), the City of Victoria will
institute a voluntary program with industry to reschedule, revise, or
curtail activities during Ozone Advisory Days, which are EPA's AIRNow
Air Quality Index ``Orange Days,'' and are at or above 76 ppb. This
program will be developed and available within 30 days after
notification by the TCEQ that the contingency measure will be required.
This program will be implemented as expeditiously as practicable, but
no later
[[Page 48321]]
than 24 months after the Texas Commission on Environmental Quality's
(TCEQ) notification that the contingency measure is needed.
If Victoria County monitors an eight-hour ozone three-year average
at or above 83 ppb, the TCEQ will work with the City of Victoria and
the local Air Victoria Team to implement various voluntary control
measures that may include:
--substantially increasing the number of businesses notified on Ozone
Advisory Days;
--increasing the number of ozone public announcements; and
--other voluntary control measures as identified in a letter from the
City of Victoria, dated September 8, 2009.
In the event that this contingency measure is triggered, Victoria
County may also be expected to voluntarily implement further local
control measures, and previous efforts to reduce ozone may need to be
retained. This program will be developed and available within 30 days
after notification by the TCEQ that the contingency measure will be
required. This program will be implemented as expeditiously as
practicable, but no later than 24 months after verified monitoring data
indicate that the Victoria County three-year average of each annual
fourth-highest daily maximum eight-hour ozone average is at or above 83
ppb.
If air quality monitoring data indicate three or more exceedances
of the 1997 eight-hour ozone NAAQS (measured at 0.08 parts per million)
within one calendar year, the TCEQ will analyze air quality data,
meteorological conditions, transport, and related factors in Victoria
County to determine the cause of the exceedances. The TCEQ will notify
the EPA of its findings.
If air quality monitoring data indicate that Victoria County's
design value violates the 1997 eight-hour ozone NAAQS with a monitored
value of 85 ppb or above, the TCEQ is committing to implement specific
contingency measures to promptly correct the violation. Those to be
considered include but are not limited to the control measures
identified below. In this maintenance plan, if contingency measures are
triggered, TCEQ is committing to implement the appropriate contingency
measures as expeditiously as practicable, but no later than 24 months
after verified air quality monitoring data indicate that the Victoria
County three-year average of each annual fourth-highest daily maximum
eight-hour ozone average violates the 1997 eight-hour ozone NAAQS.
Revision to 30 Texas Administrative Code (TAC) Chapter 117
Subchapter E, Division 4, to control rich-burn, gas-fired,
reciprocating internal combustion engines located in Victoria County to
meet nitrogen oxides (NOX) emission specifications and other
requirements to reduce NOX emissions and ozone air
pollution.
Inclusion of Victoria County in 30 TAC Chapter 115 volatile organic
compounds (VOC) rules for the control of crude and condensate storage
tanks at upstream oil and gas exploration and production sites or
midstream pipeline breakout stations with uncontrolled flash emissions
greater than 25 tons per year.
Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules for
more stringent controls for tank fittings on floating roof tanks, such
as slotted guide poles and other openings in internal and external
floating roofs.
Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules
limiting emissions from landings of floating roofs in floating roof
tanks.
Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules for
control of VOC emissions from degassing operations for storage tanks
with a nominal capacity of 75,000 gallons or more storing materials
with a true vapor pressure greater than 2.6 pounds per square inch
absolute (psia), or with a nominal capacity of 250,000 gallons or more
storing materials with a true vapor pressure of 0.5 psia or greater.
Degassing vapors from storage vessels, transport vessels, and marine
vessels would be required to vent to a control device until the VOC
concentration of the vapors is reduced to less than 34,000 parts per
million by volume as methane.
Inclusion of Victoria County in 30 TAC Chapter 114 rule for Texas
Low Emission Diesel (TxLED) compliant marine diesel.
The maintenance plan also identifies other potential measures
deemed appropriate at the time as a result of advances in control
technologies. These contingency measures and schedules for
implementation satisfy EPA's long-standing guidance on the requirements
of section 110(a)(1) of continued attainment. Based on the above, we
find that the contingency measures provided in the State's Victoria
County 8-hour Ozone maintenance plan are sufficient and meet the
requirements of section 110(a)(1) of the CAA.
(e) Verification of Continued Attainment--To guarantee that
attainment will be continued in the future, the State commits in the
maintenance plan to track the progress of the maintenance plan by
providing the EPA with an interim emissions inventory report for point,
area, mobile and biogenic emissions of VOCs and CO in the Victoria
area. In addition, Texas commits to verify the 8-hour ozone status
through appropriate ambient air quality monitoring, and to quality
assure air quality monitoring data according to federal requirements.
Texas further demonstrates that it has the legal authority to implement
and enforce all air quality measures needed to attain and maintain the
1997 8-hour ozone NAAQS.
III. Final Action
The TCEQ submitted the 1997 8-hour ozone NAAQS maintenance plan for
Victoria County to EPA on March 7, 2007 with revisions on July 28,
2010. EPA is approving these maintenance plan SIP revisions for
Victoria County as meeting the requirements of CAA Section 110(a)(1)
and EPA's regulations and being consistent with EPA guidance. We have
evaluated the State's submittal and have determined that it meets the
applicable requirements of the Clean Air Act and EPA regulations, and
is consistent with EPA policy. Therefore, we are approving the request
of TCEQ to revise the SIP for the Victoria County 8-hour ozone area.
EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on October 7, 2013
without further notice unless we receive adverse comment by September
9, 2013. If we receive adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
[[Page 48322]]
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves 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 Order
12866 (58 FR 51735, October 4, 1993);
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 Clean Air Act; 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 the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. section 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 October 7, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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 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, Nitrogen dioxides,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 19, 2013.
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. In Sec. 52.2270, the second table in paragraph (e) entitled ``EPA
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the
Texas SIP,'' is amended by adding an entry at the end of the table to
read as follows:
Sec. 52.2270. Identification of plan.
* * * * *
(e) * * *
* * * * *
EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
Applicable submittal/
Name of SIP provision geographic or effective EPA approval date Comments
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Victoria County 1997 8-Hour Ozone Victoria, TX....... 7/28/2010 8/8/2013 [Insert FR
Maintenance Plan. page number where
document begins].
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* * * * *
[FR Doc. 2013-18885 Filed 8-7-13; 8:45 am]
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