[Federal Register Volume 90, Number 165 (Thursday, August 28, 2025)]
[Rules and Regulations]
[Pages 41897-41899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16467]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2013-0388; FRL-12796-02-R6]
Air Plan Approval; Texas; Interstate Transport Requirements for
the 2010 SO2 NAAQS
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 the portion of the
State Implementation Plan (SIP) submittal from the State of Texas
demonstrating that the State satisfies the interstate transport
requirements of section 110(a)(2)(D)(i)(I), also known as the ``good
neighbor'' provision of the CAA, for the 2010 1-hour sulfur dioxide
(SO2) primary National Ambient Air Quality Standard (NAAQS).
The good neighbor provision requires each State's implementation plan
to contain adequate provisions prohibiting the interstate transport of
air pollution in amounts that will contribute significantly to
nonattainment, or interfere with maintenance, of a NAAQS in any other
State.
DATES: This rule is effective on September 29, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2013-0388. 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: Nevine Salem, EPA Region 6 Office,
[[Page 41898]]
Ozone and Infrastructure SIP Section, 214-665-7222,
[email protected]. 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
Section 110(a)(2)(D)(i)(I) of the CAA requires a State's SIP to
include provisions prohibiting any source or other type of emission
activity in the State from emitting any air pollutant in amounts that
will contribute significantly to nonattainment, or interfere with
maintenance, of the NAAQS in any other State. EPA has long interpreted
this language to enact a ``functional prohibition'' on certain
emissions from upwind states, necessitating the EPA's independent
assessment whether those emissions will occur or have been adequately
controlled in the State where they originate. The EPA often refers to
these requirements as Prong 1 (significant contribution to
nonattainment of the NAAQS) and Prong 2 (interference with maintenance
of the NAAQS). Additional background for this action is discussed in
detail in our June 18, 2025, proposal (90 FR 25924). In that document
we proposed to approve the portions of the infrastructure SIP
submission adopted by the state of Texas on April 23, 2013, and
submitted May 06, 2013, addressing interstate transport for the 2010 1-
hour SO2 NAAQS.
The EPA provided a 30-day review and comment period for the June
18, 2025, proposed rulemaking. The comment period ended on July 18,
2025. We received two comments on our proposed action, one in support
from the Texas Commission on Environmental Quality (TCEQ) and another
that was outside the scope of our rulemaking from an anonymous
commentor. EPA acknowledges receipt of the comments. See section II of
this preamble for a brief discussion of the comments and EPA's
response. Full copies of the comments received are included in the
docket for this rule making.
II. Response to Comments
Comment: The TCEQ comment states that the EPA's review of recent
air monitoring data in their supplemental analysis arrived at the same
conclusion Texas made in the 2013 SIP submittal; Texas does not
contribute significantly to nonattainment or maintenance of the 2010 1-
hour SO2 NAAQS in other states.
Response: EPA appreciates the TCEQ's comment in support of EPA's
rulemaking.
Comment: An anonymous public comment recommends EPA to not accept
the Texas plan and notes issues that are outside the scope of this
rulemaking.
Response: EPA acknowledges receipt of the anonymous comment. This
comment does not address, with any specificity, any particular issues
with EPA's rationale or basis in the proposal, thus we do not have any
information upon which to respond that would change our rationale put
forward in the proposal. The remainder of the items raised in this
comment are outside the scope of this action.
III. Final Action
The EPA is approving the portions of the Texas' SIP that address
two of the interstate transport requirements for the 2010 1-hour
SO2 NAAQS as these portions meet the requirements in CAA
section 110 and specifically in 110(a)(2)(D)(i)(I). EPA determines that
the Texas SIP contains adequate provisions to ensure that the air
emissions in the state will not significantly contribute to
nonattainment or interfere with maintenance of the 2010 SO2
NAAQS in any other state. This action is being taken under section 110
of the Act.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 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 Orders 12866 (58
FR 51735, October 4, 1993);
Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the proposed 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 October 27, 2025. 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, Interstate transport of pollution, Sulfur oxide.
[[Page 41899]]
Dated: August 20, 2025.
Walter Mason,
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, the second table in paragraph (e), titled ``EPA
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the
Texas SIP'' is amended by adding an entry for ``Interstate transport
for the 2010 SO2 NAAQS (contribute to nonattainment or
interfere with maintenance)'' 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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State
Applicable geographic submittal/
Name of SIP provision or nonattainment area effective EPA approval date Comments
data
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* * * * * * *
Interstate transport for the Statewide............... 05/06/2013 8/28/2025, 90 FR Adequate
2010 SO2 NAAQS (contribute to [INSERT Federal provisions
nonattainment or interfere with Register PAGE prohibiting
maintenance). WHERE THE DOCUMENT emissions which
BEGINS]. will contribute
significantly to
nonattainment in
or interfere with
maintenance of
the 2010 SO2
NAAQS in any
other State.
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* * * * *
[FR Doc. 2025-16467 Filed 8-27-25; 8:45 am]
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