[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Rules and Regulations]
[Pages 63429-63431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26302]
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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.
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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).
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\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.
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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
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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]
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