[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Rules and Regulations]
[Pages 57-61]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31247]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0387; FRL-9904-96-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Attainment Demonstration for the Houston-Galveston-Brazoria 1997 8-hour 
Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
following required State Implementation Plan (SIP) submittals from the 
State of Texas for the Houston-Galveston-Brazoria 1997 8-hour ozone 
nonattainment area (HGB area): the attainment demonstration for the 
1997 ozone National Ambient Air Quality Standards (NAAQS), the 
reasonably available control measures (RACM) demonstration for the 
NAAQS, the contingency measures plan in the event of failure to attain 
the NAAQS by the applicable attainment date, and a Motor Vehicle 
Emissions Budget (MVEB) for 2018, which is the attainment year for the 
area. EPA is also approving revisions to the air pollution control 
measures and General Air Quality Definitions in the Texas SIP. The 
revisions to the air pollution control measures include revisions to 
the Mass Emissions Cap and Trade (MECT) program for nitrogen oxides 
(NOX), revisions to the highly reactive volatile organic 
compound (HRVOC) emissions cap and trade (HECT) program, Voluntary 
Mobile Emissions Program (VMEP) measures, and Transportation Control 
Measures (TCMs). EPA is taking these actions in accordance with section 
110 and part D of the Clean Air Act (CAA).

DATES: This final rule is effective on February 3, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2013-0387. All documents in the docket are listed on

[[Page 58]]

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 Air Planning Section (6PD-L), Environmental Protection Agency, 1445 
Ross Avenue, Suite 700, Dallas, Texas 75202-2733. Contact the person 
listed in the FOR FURTHER INFORMATION CONTACT paragraph below to make 
an appointment.

FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-
L), telephone (214) 665-6645, email [email protected].

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

Table of Contents

I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    The background for today's action is discussed in detail in our 
September 9, 2013 proposal (78 FR 55037). In that notice, we proposed 
to approve the following Texas SIP submittals for the HGB area:
     Attainment demonstration for the 1997 ozone NAAQS
     Revisions to the MECT air pollution control program
     Revisions to the HECT air pollution control program
     VMEP measures and TCMs
     A 2018 year MVEB
     Demonstration of RACM
     Contingency measures plan addressing a failure to attain 
the NAAQS by the applicable attainment date
     Revisions to the General Air Quality Definitions submitted 
by the State on June 10, 2005, August 16, 2007, April 6, 2010 and March 
11, 2011.
    In our proposal we noted that in order to approve the attainment 
demonstration for the area we must also approve the reasonable further 
progress (RFP) plan and the RFP contingency measures (78 FR 55037, 
55038). In a separate action we are approving the RFP plan and the RFP 
contingency measures.\1\
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    \1\ See docket EPA-R06-OAR-2010-0333 in www.regulations.gov.
_____________________________________-

    Five commenters provided comments on our September 9, 2013 
proposal. The comments we received can be accessed from the 
www.regulations.gov Web site (Docket No. EPA-R06-OAR-2013-0387). The 
discussion below addresses the comments we received on our proposed 
action.

II. Response to Comments

    Comment: We received four comments supportive of our proposal to 
approve the SIP revisions.
    Response: We appreciate the supportive comments.
    Comment: We received a comment that the relevance of the attainment 
demonstration must be evaluated against the 2008 ozone NAAQS of 75 ppb, 
not the 1997 ozone NAAQS of 84 ppb.
    Response: We disagree that the relevance of the attainment 
demonstration must be evaluated against the 2008 ozone NAAQS. Clean Air 
Act section 182(b)(1) and 40 CFR 51.908 require an attainment 
demonstration for the 1997 ozone NAAQS. The attainment demonstration 
being approved specifically addresses this CAA requirement. Areas were 
designated for the 2008 ozone NAAQS in 2012 and the attainment 
demonstration and other planning provisions to address the area's 
nonattainment status for that standard are not yet due. We expect 
future SIP revisions for the HGB area, including the attainment 
demonstration, will be submitted to address the 2008 ozone NAAQS.
    Comment: We received a comment from the Texas Commission on 
Environmental Quality (TCEQ) requesting that we not act on the 
revisions submitted for the HECT program in 30 TAC 101.396(b) and 
instead retain the current SIP-approved rule language. TCEQ noted that 
the revision to 30 TAC 101.396(b) conflicts with 30 TAC 115.722(c) and 
30 TAC 115.761(c) and that they intend to consider technical 
corrections to 30 TAC 101.396(b) in future rulemaking.
    Response: Given the TCEQ request we are not taking action on the 
revision to 30 TAC 101.396(b) at this time. The current SIP-approved 
language for 30 TAC 101.396(b) will therefore remain in effect and 
remove any concerns about conflicts with existing SIP-approved 
requirements at 30 TAC 115.722(c) and 115.761(c) as cited by the TCEQ. 
Further, the retention of the SIP-approved language at 30 TAC 
101.396(b) will ensure the continued integrity of the HECT program and 
the HGB attainment demonstration. Table 1 below shows the current SIP-
approved language that will be retained and the revision we are not 
taking action on for 30 TAC 101.396(b).

     Table 1--SIP Approved Language and Submitted Revision to 30 TAC
                               101.396(b)
------------------------------------------------------------------------
 SIP Approved 30 TAC 101.396(b) that     Revision to 30 TAC 101.396(b)
           will be retained             that we are not taking action on
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The amount of HRVOC emissions from     (b) The amount of HRVOC emissions
 covered facilities shall be            from applicable facilities will
 calculated for each hour of the year   be calculated for each hour of
 and summed to determine the annual     the year and summed to determine
 emissions for compliance. For          the annual emissions for
 emissions from emissions events        compliance. For emissions from
 subject to the requirements of Sec.    scheduled maintenance, startup,
  101.201 of this title (relating to    or shutdown activities subject
 Emissions Event Reporting and          to the requirements of Sec.
 Recordkeeping Requirements) or         101.211 of this title (relating
 emissions from scheduled               to Scheduled Maintenance,
 maintenance, startup, or shutdown      Startup, and Shutdown Reporting
 activities subject to the              and Recordkeeping Requirements),
 requirements of Sec.   101.211 of      the hourly emissions to be
 this title (relating to Scheduled      included in the summation shall
 Maintenance, Startup, and Shutdown     not exceed the short-term limit
 Reporting and Recordkeeping            of Sec.   115.722(c) and Sec.
 Requirements); the hourly emissions    115.761(c) of this title
 to be included in the summation        (relating to Site-wide Cap and
 shall not exceed the short-term        Control Requirements; and Site-
 limit of Sec.   115.722(c) and Sec.    wide Cap.
  115.761(c) of this title (relating
 to Site-wide Cap and Control
 Requirements; and Site-wide Cap).
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[[Page 59]]

    Comment: One commenter who supported the proposal also urged us to 
work proactively with states to develop guidance on how to best account 
for exceptional events, particularly wildfires, and transport of 
emissions from Asia in future SIPs. The commenter further urged us to 
thoughtfully consider exceptional event and CAA 179B petitions from 
states affected by emissions that are beyond their control.
    Response: While these matters are not relevant to the current 
action before us which is approving the HGB area SIP, we note that we 
will continue to actively work with states to address the general SIP 
related issues of exceptional events and international transport. In 
May 2013, we issued interim guidance on exceptional events and 
announced our intention to propose and finalize revisions to the 2007 
Exceptional Events Rule (72 FR 13560, March 22, 2007). More information 
can be found on our exceptional events Web site located at http://www.epa.gov/ttn/analysis/exevents.htm.
    CAA section 179B (International Border Areas), applies to 
nonattainment areas that are affected by emissions from outside the 
United States. For more discussion on section 179B, please see 78 FR 
34178, 34204 (June 6, 2013 Federal Register) and 70 FR 71612, 71624 
(November 29, 2005 Federal Register).

III. Final Action

    We are approving SIP submittals from the State of Texas for the HGB 
ozone nonattainment area submitted on April 6, 2010, and May 6, 2013. 
Specifically, we are approving the following Texas SIP submittals for 
the HGB area:
     Attainment demonstration for the 1997 ozone NAAQS
     Revisions to the MECT air pollution control program
     Revisions to the HECT air pollution control program
     VMEP measures and TCMs
     A 2018 year MVEB
     Demonstration of RACM
     Contingency measures plan addressing a failure to attain 
the NAAQS by the applicable attainment date
    We are also approving the following SIP revisions to the General 
Air Quality Definitions submitted by the State on June 10, 2005, August 
16, 2007, April 6, 2010 and March 11, 2011. Additionally, we are 
approving the revisions to the MECT and HECT program submitted on April 
6, 2010, with the exception of the revision to 30 TAC 101.396(b). We 
are taking no action on revisions to 30 TAC 101.396(b).
    We are approving these SIP revisions in accordance with section 110 
and part D of the CAA.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Clean Air 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 March 3, 2014. 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, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: December 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:
0
a. In paragraph (c), the table titled ``EPA Approved Regulations in the 
Texas SIP'' is amended by revising the entries for Sections 101.1, 
101.350,

[[Page 60]]

101.351, 101.353, 101.390 through 101.394, 101.396, and 101.399 through 
101.401.
0
b. In paragraph (e), the second table entitled ``EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP'' is amended by adding a new entry to the end of the table for 
``Houston-Galveston-Brazoria 1997 8-hour Ozone NAAQS Attainment 
Demonstration SIP and its MECT and HECT air pollution control program 
revisions, VMEP measures and TCMs, 2018 MVEB, RACM demonstration, and 
Failure to attain contingency measure plan''.
    The revisions and additions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
                                                          approval/
          State citation               Title/subject      submittal     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Chapter 101--General Air Quality Rules
----------------------------------------------------------------------------------------------------------------
                                           Subchapter A--General Rules
----------------------------------------------------------------------------------------------------------------
Section 101.1....................  Definitions.........    3/11/2011  1/2/2014 [Insert FR
                                                                       page number where
                                                                       document begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Subchapter H--Emissions Banking and Trading
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Division 3--Mass Emissions Cap and Trade Program
----------------------------------------------------------------------------------------------------------------
Section 101.350..................  Definitions.........     4/6/2010  1/2/2014 [Insert FR
                                                                       page number where
                                                                       document begins].
Section 101.351..................  Applicability.......     4/6/2010  1/2/2014 [Insert FR
                                                                       page number where
                                                                       document begins].
 
                                                  * * * * * * *
Section 101.353..................  Allocation of            4/6/2010  1/2/2014 [Insert FR
                                    Allowances.                        page number where
                                                                       document begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
              Division 6--Highly-Reactive Volatile Organic Compound Emissions Cap and Trade Program
----------------------------------------------------------------------------------------------------------------
Section 101.390..................  Definitions.........     4/6/2010  1/2/2014 [Insert FR
                                                                       page number where
                                                                       document begins].
Section 101.391..................  Applicability.......     4/6/2010  1/2/2014 [Insert FR
                                                                       page number where
                                                                       document begins].
Section 101.392..................  Exemptions..........     4/6/2010  1/2/2014 [Insert FR
                                                                       page number where
                                                                       document begins].
Section 101.393..................  General Provisions..     4/6/2010  1/2/2014 [Insert FR
                                                                       page number where
                                                                       document begins].
Section 101.394..................  Allocation of            4/6/2010  1/2/2014 [Insert FR
                                    Allowances.                        page number where
                                                                       document begins].
Section 101.396..................  Allowance deductions     4/6/2010  1/2/2014 [Insert FR   At the request of
                                                                       page number where     TCEQ EPA took no
                                                                       document begins].     action on the
                                                                                             revision to
                                                                                             101.396(b)
                                                                                             submitted on 4/6/
                                                                                             2010. Section
                                                                                             101.396(b) is the
                                                                                             rule language
                                                                                             submitted 12/1/2004
                                                                                             and approved 9/6/
                                                                                             2006 (71 FR 52659).
Section 101.399..................  Allowance Banking        4/6/2010  1/2/2014 [Insert FR
                                    and Trading.                       page number where
                                                                       document begins].
Section 101.400..................  Reporting...........     4/6/2010  1/2/2014 [Insert FR
                                                                       page number where
                                                                       document begins].
Section 101.401..................  Level of Activity        4/6/2010  1/2/2014 [Insert FR
                                    Certification.                     page number where
                                                                       document begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

[[Page 61]]



              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                                State
                                      Applicable geographic   approval/
       Name of SIP provision         or non-attainment area   submittal      EPA approval date       Comments
                                                                 date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Houston-Galveston-Brazoria 1997 8-   Houston-Galveston-         4/6/2010  1/2/2014 [Insert FR
 hour Ozone NAAQS Attainment          Brazoria, TX.             5/6/2013   page number where
 Demonstration SIP and its MECT and                                        document begins].
 HECT air pollution control program
 revisions, VMEP measures and TCMs,
 2018 MVEB, RACM demonstration, and
 Failure to attain contingency
 measure plan.
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[FR Doc. 2013-31247 Filed 12-31-13; 8:45 am]
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