[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Rules and Regulations]
[Pages 24717-24718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09626]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2020-0300; FRL-10019-45-Region 6]


Air Plan Approval; Texas; Reasonable Further Progress Plan for 
the Houston-Galveston-Brazoria Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving revisions to the 
Texas State Implementation Plan (SIP) to meet the Reasonable Further 
Progress (RFP) requirements for the Houston-Galveston-Brazoria (HGB) 
serious ozone nonattainment area for the 2008 ozone National Ambient 
Air Quality Standard (NAAQS). Specifically, EPA is approving the RFP 
demonstration and associated Motor Vehicle Emission Budgets (MVEBs), 
and a revised 2011 base year emissions inventory (EI) for the HGB area. 
EPA is also notifying the public of the status of EPA's adequacy 
determination for the MVEBs for the HGB area. EPA is not finalizing the 
proposed approval of revisions to the SIP to address contingency 
measure requirements in the HGB area for the 2008 Ozone NAAQS at this 
time.

DATES: This rule is effective on June 9, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2020-0300. All documents in the docket are 
listed on the https://www.regulations.gov website. 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. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Carrie Paige, EPA Region 6 Office, 
Infrastructure & Ozone Section, 214-665-6521, [email protected]. Out 
of an abundance of caution for members of the public and our staff, the 
EPA Region 6 office may be closed to the public to reduce the risk of 
transmitting COVID-19. Please call or email the contact listed above if 
you need alternative access to material indexed but not provided in the 
docket.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our 
September 29, 2020 proposal (85 FR 60928). In that action we proposed 
to approve only the HGB portion of the May 13, 2020, Texas SIP 
submittal that addressed RFP requirements for the 2008 8-hour ozone 
NAAQS for the two serious ozone nonattainment areas in Texas (``the 
TCEQ submittal''). These two areas are the HGB and the Dallas-Fort 
Worth (DFW) areas. The TCEQ submittal also establishes MVEBs for the 
year 2020 and includes contingency measures for each of the HGB and DFW 
areas, should the areas fail to make reasonable further progress, or to 
attain the NAAQS by the applicable attainment date. The portion of the 
TCEQ submittal that refers to the DFW area will be addressed in a 
separate rulemaking action.\1\
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    \1\ Our proposal to approve the RFP plan for the DFW area was 
published on October 9, 2020 (85 FR 64084). We have not issued a 
final rule for the DFW area.
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    Our September 29, 2020 proposal provided a detailed description of 
the revisions and the rationale for EPA's proposed actions, together 
with a discussion of the opportunity to comment. The public comment 
period for these actions closed on October 29, 2020. We did not receive 
comments regarding our proposal. Therefore, with one exception, we are 
finalizing our action as proposed.
    On January 29, 2021, the U.S. Court of Appeals for the District of 
Columbia Circuit (``D.C. Circuit'') issued a decision in response to 
challenges to EPA's 2015 and 2018 rules implementing the NAAQS for 
ozone, (80 FR 12264 (March 6, 2015) and 83 FR 62998 (December 6, 
2018)). Sierra Club, et al. v. EPA, 985 F.3d 1055 (D.C. Cir. 2021). 
Among the rulings in this decision, the D.C. Circuit vacated EPA's 
interpretation of the CAA to allow states to rely on already 
implemented control measures to meet the statutory requirements of 
section 172(c)(9) or 182(c)(9) for contingency measures in 
nonattainment plans for the ozone NAAQS (see 83 FR 62998, 63026-27). 
The EPA is reexamining the contingency measures portion of the TCEQ 
submission for the HGB area in light of the D.C. Circuit decision. 
Therefore, we are not taking final action at this time on the 
contingency measures submitted as part of the May 13, 2020, TCEQ SIP 
submission for the HGB area included in the proposed action. EPA 
expects to address the contingency measures in a separate future 
action.

II. Final Action

    We are approving revisions to the Texas SIP that address the RFP 
requirements for the HGB serious ozone nonattainment area for the 2008 
ozone NAAQS. Specifically, we are approving the RFP demonstration and 
associated MVEBs, and the revised 2011 base year EI for the HGB area.
    We are also notifying the public that EPA finds the newly 
established MVEBs for Nitrogen Oxides (NOX) and Volatile 
Organic Compounds (VOC) for the HGB area adequate for the purpose of 
transportation conformity. Within 24 months from this final rule, the 
transportation partners will need to demonstrate conformity to the new 
NOX and VOC MVEBs pursuant to 40 CFR 93.104(e)(3).

III. Statutory and Executive Order Reviews

    Under the CAA, 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, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. 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 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

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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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 July 9, 2021. 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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: April 30, 2021.
David Gray,
Acting Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 52 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(e), the table titled ``EPA Approved Nonregulatory 
Provisions and Quasi-Regulatory Measures in the Texas SIP'' is amended 
by adding the entry ``Reasonable Further Progress Plan (RFP), RFP Motor 
Vehicle Emission Budgets for 2020, and Revised 2011 Base Year Emissions 
Inventory'' 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
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                                    Applicable geographic       State
       Name of SIP provision          or non-attainment      submittal/      EPA approval date       Comments
                                             area          effective date
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                                                  * * * * * * *
Reasonable Further Progress Plan    Brazoria, Chambers,          3/4/2020  5/10/2021 [Insert
 (RFP), RFP Motor Vehicle Emission   Fort Bend,                             Federal Register
 Budgets for 2020, and Revised       Galveston, Harris,                     citation].
 2011 Base Year Emissions            Liberty, Montgomery,
 Inventory.                          and Waller Counties,
                                     TX.
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[FR Doc. 2021-09626 Filed 5-7-21; 8:45 am]
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