[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)]
[Rules and Regulations]
[Pages 81466-81467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32752]


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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.

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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.
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    \1\ 80 FR 49187 August 17, 2015.
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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]
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