[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]
 BILLING CODE 6560-50-P