Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Texas; Beaumont/Port Arthur Ozone Nonattainment Area: Redesignation to Attainment for the 1997 8-Hour Ozone Standard and Determination of Attainment for the 1-Hour Ozone Standard; Clarification of EPA's Approval of the El Paso Section 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard, 64675-64680 [2010-26261]
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Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 20, 2010. Filing a
petition for reconsideration by the
Administrator of this final rule
pertaining to Delaware’s amendment to
Section 2.0—Consumer Products of
Delaware’s Regulation No. 1141
(formerly SIP Regulation No. 41), 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.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Subpart I—Delaware
2. In § 52.420, the table in paragraph
(c) is amended by revising Regulation
1141, Section 2.0 to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.420
Dated: September 17, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
*
Identification of plan.
*
*
(c) * * *
*
*
40 CFR part 52 is amended as follows:
■
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State regulation
(7 DNREC 1100)
*
1141
*
Section 2.0 ........
*
*
*
Specific Emission Control Requirements.
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R06–OAR–2008–0932; FRL–9214–9]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Texas; Beaumont/Port
Arthur Ozone Nonattainment Area:
Redesignation to Attainment for the
1997 8-Hour Ozone Standard and
Determination of Attainment for the
1-Hour Ozone Standard; Clarification
of EPA’s Approval of the El Paso
Section 110(a)(1) Maintenance Plan for
the 1997 8-Hour Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
emcdonald on DSK2BSOYB1PROD with RULES
AGENCY:
EPA is taking final action to
approve a request from the State of
Texas to redesignate the Beaumont/Port
Arthur (BPA) Texas ozone
nonattainment area to attainment of the
1997 8-hour ozone National Ambient
SUMMARY:
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Additional explanation
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Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products
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Adds the sale, distribution, and
manufacturing of 23 categories
of consumer products and product types.
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Air Quality Standard (NAAQS). EPA is
making a final determination that the
BPA nonattainment area has attained
the 1997 8-hour ozone NAAQS, based
on complete, quality-assured, and
certified ambient air quality monitoring
data for 2006–2008. Preliminary data
available for 2009 and 2010 show that
the area continues to attain the 1997 8hour ozone NAAQS.
In finalizing its approval of the
redesignation request, EPA also
approves, as a revision to the BPA State
Implementation Plan (SIP), a 1997
8-hour ozone maintenance plan that
includes a 2021 Motor Vehicle
Emissions Budget (MVEB). EPA is also
approving the BPA area’s 2002 base year
emissions inventory as part of the BPA
SIP. EPA also is approving as part of the
BPA SIP, the Texas Clean-Fuel Vehicle
(CFV) Program Equivalency
Demonstration. EPA finds that with
final approval of these revisions, the
area has a fully approved SIP that meets
all of the 1997 8-hour ozone
requirements and 1-hour ozone antibacksliding requirements under section
110 and Part D of the Federal Clean Air
Act (CAA or Act) that are applicable for
purposes of redesignation. EPA is also
approving a determination that the BPA
area is meeting the 1-hour ozone
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*
*
*
standard based upon three years of
complete, quality-assured, and certified
ambient air quality monitoring data for
2006–2008. Preliminary data available
for 2009 and 2010 show that the area
continues to attain the standard.
Additionally, EPA is taking final
action to approve the post-1996 Rate of
Progress (ROP) plan’s contingency
measures, the substitute control
measures for the failure-to-attain
contingency measures, and the removal
from the Texas SIP of a 1-hour ozone
failure-to-attain contingency measure, a
volatile organic compound (VOC) SIP
rule for marine vessel loading, as
meeting the requirements of section
110(l) and part D of the Act.
EPA also is providing clarification of
an earlier separate EPA rulemaking
action approving the Section 110(a)(1)
Maintenance Plan for the 1997 8-hour
ozone standard for the El Paso 1997 8hour attainment area.
DATES: Effective Date: This rule will be
effective November 19, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R06–OAR–
2008–0932. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
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not publicly available, i.e., 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 https://
www.regulations.gov or in hard copy at
the Air Planning Section, Air Planning
Branch, Multimedia Planning and
Permitting Division, U.S. Environmental
Protection Agency, Region 6, 1445 Ross
Avenue, Suite 1200, Dallas, Texas
75202–2733. EPA requests that if at all
possible, you contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday, 8:30 to 4:30, excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms.
Ellen Belk, Air Planning Section (6PD–
L), Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, telephone
(214) 665–2164; fax number 214–665–
7263; e-mail address
belk.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
for the period of 2005 through 2007,
indicating the 8-hour NAAQS for ozone,
as promulgated in 1997, had been
attained for the BPA area. Complete,
quality-assured monitoring data for
2006–2008 also show that the area
continues to attain the 1997 8-hour
ozone standard. Preliminary data
available for the 2009 and 2010 ozone
seasons indicate that the area continues
to be in attainment.
The request also included a
maintenance plan with associated
MVEBs, the 2002 base year emission
inventory, and the sole outstanding 1hour ozone anti-backsliding
requirement for the BPA area, the Texas
CFV Program Equivalency
Demonstration. The submitted MVEB
for nitrogen oxides (NOX) and VOC for
the BPA area is defined in the table
below:
Table of Contents
The submittal met the adequacy
criteria in 40 CFR 93.118(e)(4), and on
April 1, 2010 (75 FR 16456), EPA
published a Federal Register notice
deeming the 2021 MVEB for Beaumont/
Port Arthur, Texas adequate for
transportation conformity purposes.
Apart from the redesignation request,
the TCEQ also submitted and EPA
proposed to approve the 1-hour ozone
Post-1996 ROP Plan’s contingency
measures, backfill failure-to-attain
contingency measures, and removal
from the Texas SIP under section 110(l)
of a VOC marine vessel loading
contingency measure.
The May 17, 2010 proposed rule and
Technical Support Document provide a
detailed discussion of how Texas met
the redesignation requirements and
other CAA requirements.
emcdonald on DSK2BSOYB1PROD with RULES
I. What is the background for this rule?
II. What comments did we receive on the
proposed rule?
III. What actions is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this rule?
The background for today’s actions is
discussed in detail in EPA’s May 17,
2010, proposal to approve Texas’
redesignation request (75 FR 27514). In
that proposed action, we noted that,
under EPA regulations at 40 CFR part
50, the 1997 8-hour ozone standard is
attained when the three-year average of
the annual fourth-highest daily
maximum 8-hour average ozone
concentrations is less than or equal to
0.08 parts per million (ppm) (see 69 FR
23858, April 30, 2004, for more
information). Under the CAA, EPA may
redesignate a nonattainment area to
attainment if sufficient complete,
quality-assured data are available to
determine that the area has attained the
standard and if it meets the other CAA
redesignation requirements in section
107(d)(3)(E).
The TCEQ, on December 16, 2008,
submitted a complete request to
redesignate the BPA area to attainment
for the 1997 8-hour ozone standard. The
redesignation request included three
years of complete, quality-assured data
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BEAUMONT/PORT ARTHUR NOX AND
VOC MVEB
[Summer season tons per day]
Pollutant
2021
NOX ..........................................
VOC ..........................................
* 7.24
4.77
* Includes an allocation of 1 tpd from the
available NOX safety margin.
II. What comments did we receive on
the proposed rule?
EPA provided a 30-day review and
comment period, which closed on June
16, 2010. EPA received 25 comment
letters in response to the proposed
rulemaking, each of which expressed
support for approving the request from
the State of Texas to redesignate the
BPA ozone nonattainment area to
attainment for the 1997 8-hour ozone
standard. The comment letters are
available for review in the docket for
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this rulemaking. EPA received letters
expressing support for the BPA
redesignation approval from the
following: Texas Commission on
Environmental Quality, Austin;
Executive Director, Southeast Texas
Regional Planning Commission
(SETRPC), Beaumont; Director,
Transportation and Environmental
Resources, SETRPC, Beaumont; Mayor,
City of Beaumont; President, Greater
Beaumont Chamber of Commerce;
Executive Port Director, Port of
Beaumont; Mayor, City of Bridge City;
Mayor, City of Port Neches; Mayor, City
of West Orange; Director of Public
Works, City of West Orange; Mayor, City
of Lumberton; Mayor, City of
Nederland; County Judge, Orange
County; Jefferson County
Commissioners Court; County Judge,
Hardin County; Texas State
Representative, District 21, Texas House
of Representatives; President, Caliber
Solutions, Beaumont; Entergy Texas
Inc., Beaumont; Goodyear Tire & Rubber
Company, Beaumont; Oiltaking
Beaumont Partners, L.P.; Chairman,
Southeast Texas Plant Managers Forum,
Nederland; Plant Manager, Solvay
Solexis, Inc., Orange; Huntsman
Petrochemical LLC, Port Neches;
Sabine-Neches Navigation District,
Nederland; and the Greater El Paso
Chamber of Commerce. EPA also
received additional comments
submitted by the Greater El Paso
Chamber of Commerce. We received no
adverse comments on the proposed rule.
Comment: The Greater El Paso
Chamber of Commerce requested that
EPA take immediate action to make a
determination that the El Paso County
one-hour nonattainment area has
attained the revoked one-hour ozone
National Ambient Air Quality Standard
(NAAQS).
Response: This rulemaking finalizes
EPA’s approval of Texas’s request to
redesignate the BPA area to attainment
for the 1997 8-hour ozone standard and
for a determination that the BPA area
attained the 1-hour ozone standard. The
commenter’s request for a rulemaking
determining attainment of the 1-hour
standard for El Paso is outside the scope
of our proposed action. EPA notes that
we have previously approved the
section 110(a)(1) maintenance plan for
the El Paso 1997 8-hour ozone
attainment area 74 FR 2387 (January 15,
2009).
Comment: The Greater El Paso
Chamber of Commerce requested that
EPA take immediate action to find that
the Prevention of Significant
Deterioration (PSD) program
requirements are immediately effective
in El Paso County.
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Response: As noted in the previous
response to comment, EPA’s rulemaking
is not focused on the El Paso 1997
8-hour maintenance area, but on the
redesignation of the BPA area for the
1997 8-hour ozone standard and a
determination of attainment for that area
for the 1-hour ozone standard. There is
one respect, however, in which EPA
wishes to respond in order to harmonize
and assure consistency of treatment for
areas with approved 1997 8-hour
maintenance plans, whether they are
initially designated attainment (like El
Paso) or redesignated to attainment (like
BPA) for that standard. EPA thus wishes
to clarify a statement it previously made
in approving the El Paso section
110(a)(1) maintenance plan for the 1997
8-hour standard 74 FR 2387 (January 15,
2009). In that notice, EPA stated that a
separate analysis under section 110(l)
would be required to transition from a
nonattainment New Source Review
(NSR) permitting program to a PSD
permitting program. Since that time,
EPA has had further opportunity to
consider the applicable statutory and
regulatory provisions and the decision
in South Coast Air Quality Management
Dist. v. EPA, 472 F.3d 882 (DC Cir.
2006). As a result, we no longer believe
that the Clean Air Act requires a
separate 110(l) analysis to replace 1hour nonattainment NSR with PSD once
an area has been redesignated to
attainment for the 1997 8-hour standard,
or has an approved 110(a)(1)
maintenance plan for that standard. In
sum, we believe that the approach to the
nonattainment NSR/PSD transition that
we are adopting here with respect to
BPA should also be extended to El Paso.
Thus, as long as the Texas NSR SIP is
clear that the PSD SIP requirements
apply to an area such as El Paso, then
that is all that is required by EPA.
emcdonald on DSK2BSOYB1PROD with RULES
III. What action is EPA taking?
EPA is taking final action to approve
several related actions under the Act for
the BPA ozone nonattainment area,
consisting of Hardin, Jefferson, and
Orange counties. Consistent with the
Act, EPA is taking final action to
determine that the BPA area has
attained the 1997 8-hour ozone NAAQS
and to approve a request from the State
of Texas to redesignate the BPA area to
attainment of the 1997 8-hour ozone
standard. This determination is based
on complete, quality-assured, and
certified ambient air quality monitoring
data for the 2006–2008 ozone seasons
that show that the 1997 8-hour ozone
NAAQS has been attained in the area.
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Preliminary data available for 2009 and
2010 indicate that the area continues to
attain the 1997 8-hour ozone NAAQS.
EPA is also finalizing a determination
that the BPA area is meeting the 1-hour
ozone standard. This determination is
based on complete, quality-assured, and
certified ambient air quality monitoring
data for the 2006–2008 ozone seasons,
as well as preliminary data available for
2009 and 2010 that indicate the area
continues to attain the 1-hour ozone
NAAQS.
EPA is taking final action to approve
the 2002 base year emissions inventory
as meeting the 1997 8-hour ozone
requirement for the BPA 8-hour ozone
nonattainment area. We are approving
the State’s CFV program equivalency
demonstration as meeting the sole
outstanding antibacksliding 1-hour
ozone requirement for the BPA serious
1-hour ozone nonattainment area. We
are finding that the BPA area, based
upon this final approval of this
emissions inventory and the CFV
program equivalency determination,
meets all the applicable CAA
requirements under section 110 and Part
D for purposes of redesignation for the
1997 8-hour ozone NAAQS including
all the applicable antibacksliding CAA
requirements for a serious 1-hour ozone
nonattainment area. Further, EPA is
taking final action to approve into the
SIP, as meeting section 175A and
107(d)(3)(E)(iv) of the Act, Texas’
maintenance plan for the BPA area for
the 1997 8-hour ozone NAAQS. The
maintenance plan shows maintenance
of the standard through 2021.
Additionally, EPA is approving the 2021
MVEB for NOX and VOCs shown in the
table in section I above, which was
submitted by Texas for the BPA area in
conjunction with its redesignation
request and maintenance plan.
Consequently, EPA is taking final
action to approve the State’s request to
redesignate the area from nonattainment
to attainment for the 1997 8-hour ozone
NAAQS. After evaluating Texas’
redesignation request, EPA has
determined that with this final approval
of the above-identified SIP elements and
the maintenance plan, the area meets
the redesignation criteria set forth in
section 107(d)(3)(E) and section 175A of
the Act. The final approval of this
redesignation request changes the
official designation in 40 CFR part 81
for the BPA area from nonattainment to
attainment for the 1997 8-hour ozone
standard. EPA also notes that with this
final redesignation to attainment for the
1997 8-hour ozone NAAQS and this
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final determination of attainment for the
1-hour ozone NAAQS, the 1-hour antibacksliding obligations to submit
planning SIPs to meet the attainment
demonstration and reasonably available
control measures (RACM) requirements,
and the ROP and contingency measures
requirements, cease to apply. Finalizing
the 1-hour ozone attainment
determination suspends for the BPA
area the foregoing obligations, and they
cease to apply upon EPA’s final action
redesignating the BPA area to
attainment for the 1997 8-hour ozone
standard. In addition, after final
redesignation to attainment for the
1997–8-hour ozone standard, EPA does
not require the continued application of
1-hour anti-backsliding nonattainment
NSR, if Texas interprets its SIP as
applying PSD to BPA in these
circumstances.
EPA also is taking final action to
approve the Post-1996 ROP Plan’s
contingency measures and backfill
failure-to-attain contingency measures,
and the removal from the Texas SIP
under section 110(l) of a VOC marine
vessel loading contingency measure.
Additionally, EPA is clarifying
statements made and the approach it
took with respect to the 1-hour ozone
nonattainment NSR/PSD transition in
its approval of the El Paso 110(a)(1)
maintenance plan.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act,
redesignation of an area to attainment
and the accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by State law. A redesignation
to attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the Clean Air
Act for areas that have been
redesignated to attainment. Moreover,
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, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, these actions merely do
not impose additional requirements
beyond those imposed by State law and
the Clean Air Act. For that reason, these
actions:
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• Are not ‘‘significant regulatory
actions’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are 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);
• Are 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
• Do 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. 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 20,
2010. 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).)
reference, Intergovernmental relations,
Ozone, Nitrogen dioxides, Reporting
and recordkeeping requirements,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control.
Dated: September 30, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
40 CFR parts 52 and 81 are amended
as follows:
■
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. Section 52.2270 is amended as
follows:
■ a. The table in paragraph (c) entitled,
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended under Chapter
115 (Reg 5), Subchapter C, Division 1,
by revising the entry for Section
115.219.
■ b. The second table in paragraph (e)
entitled, ‘‘EPA-Approved NonRegulatory Provisions and Quasi
Regulatory Measures in the Texas SIP’’
is amended by adding eight new entries
at the end.
The revision and additions read as
follows:
■
List of Subjects
§ 52.2270
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
*
State approval/
submittal date
Title/subject
*
*
*
EPA approval date
*
Explanation
*
*
*
*
Chapter 115 (Regt 5)—Control of Air Pollution from Volatile Organic Compounds
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*
*
*
*
*
Subchapter C—Volatile Organic Compound Transfer Operations
Division 1: Loading and Unloading of Volatile Organic Compounds
*
*
Section 115.219 ..............................
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*
Counties and Compliance .............
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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State citation
*
*
*
(e) * * *
*
*
*
State approval/
submittal date
Title/subject
*
*
EPA approval date
*
Explanation
*
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
Applicable geographic or nonattainment area
State submittal/effective date
*
*
Redesignation Request for the
1997 8-hour Ozone NAAQS
(Hardin, Jefferson, and Orange
Counties).
Determination of Attainment for the
1-hour Ozone NAAQS (Hardin,
Jefferson, and Orange Counties).
2002 Base Year Emissions Inventory.
(1997 8-hour Ozone NAAQS) ........
Texas Clean-Fuel Vehicle Program
Equivalency Demonstration (1hour Ozone NAAQS).
Substitute Control Measures for the
SIP-Approved
Failure-to-attain
Contingency Measures (1-hour
Ozone NAAQS).
Post 1996 Rate of Progress Plan
Contingency Measures (1-hour
Ozone NAAQS).
Maintenance Plan (1997 8-hour
Ozone NAAQS, CAA Section
175A).
2021 Motor Vehicle Emissions
Budget (1997 8-hour Ozone
NAAQS).
*
*
Beaumont/Port Arthur, TX .............
*
*
12/10/2008 10/20/2010 [Insert citation of publication in Federal Register].
Beaumont/Port Arthur, TX .............
12/10/2008
10/20/2010 [Insert citation of publication in Federal Register].
Beaumont/Port Arthur, TX .............
12/10/2008
10/20/2010 [Insert citation of publication in Federal Register].
Beaumont/Port Arthur, TX .............
12/10/2008
10/20/2010 [Insert citation of publication in Federal Register].
Beaumont/Port Arthur, TX .............
12/10/2008
10/20/2010 [Insert citation of publication in Federal Register].
Beaumont/Port Arthur, TX .............
11/16/2004
10/20/2010 [Insert citation of publication in Federal Register].
Beaumont/Port Arthur, TX .............
12/10/2008
10/20/2010 [Insert citation of publication in Federal Register].
Beaumont/Port Arthur, TX .............
12/10/2008
10/20/2010 [Insert citation of publication in Federal Register].
EPA approval date
Comments
.
3. Section 52.2275 is amended by
adding paragraph (h) to read as follows:
■
§ 52.2275 Control strategy and
regulations: Ozone.
*
*
*
*
(h) Determination of attainment for
the 1-hour ozone standard and
redesignation for the 1997 8-hour ozone
standard. Effective November 19, 2010,
EPA has determined that the Beaumont/
Port Arthur ozone nonattainment area
has attained the 1-hour ozone National
Ambient Air Quality Standard (NAAQS)
and has redesignated the area to
attainment for the 1997 8-hour ozone
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standard. With this final redesignation
to attainment for the 1997 8-hour ozone
NAAQS and this final determination of
attainment for the 1-hour ozone
NAAQS, the 1-hour anti-backsliding
obligations to submit planning SIPs to
meet the attainment demonstration and
reasonably available control measures
(RACM) requirements, and the ROP and
contingency measures requirements,
cease to apply.
Authority: 42 U.S.C. 7401 et seq.
5. In § 81.344, the table entitled,
‘‘Texas-Ozone (8-Hour Standard)’’ is
amended by: revising the entries for
Beaumont/Port Arthur TX; Revising
footnote 3; and adding a new footnote
4 at the end of the table.
The revisions and addition read as
follows:
■
§ 81.344
PART 81—[AMENDED]
*
*
Texas.
*
4. The authority citation for part 81
continues to read as follows:
■
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64680
Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations
TEXAS-OZONE (8-HOUR STANDARD)
Designation a
Category/
Classification
Designated area
Date 1
*
*
*
*
Beaumont/Port Arthur TX:
Hardin County ..................................................................................
Jefferson County .............................................................................
Orange County ................................................................................
*
*
3 Effective
*
Date 1
*
(3)
(3)
(3)
*
*
*
*
*
*
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(3)
(3)
(3)
Attainment .................
Attainment .................
Attainment .................
[FR Doc. 2010–26261 Filed 10–19–10; 8:45 am]
VerDate Mar<15>2010
Type
*
November 19, 2010.
October 31, 2008.
4 Effective
*
*
Type
*
]]>Agencies
[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Rules and Regulations]
[Pages 64675-64680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26261]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R06-OAR-2008-0932; FRL-9214-9]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Texas; Beaumont/Port Arthur
Ozone Nonattainment Area: Redesignation to Attainment for the 1997 8-
Hour Ozone Standard and Determination of Attainment for the 1-Hour
Ozone Standard; Clarification of EPA's Approval of the El Paso Section
110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve a request from the State
of Texas to redesignate the Beaumont/Port Arthur (BPA) Texas ozone
nonattainment area to attainment of the 1997 8-hour ozone National
Ambient Air Quality Standard (NAAQS). EPA is making a final
determination that the BPA nonattainment area has attained the 1997 8-
hour ozone NAAQS, based on complete, quality-assured, and certified
ambient air quality monitoring data for 2006-2008. Preliminary data
available for 2009 and 2010 show that the area continues to attain the
1997 8-hour ozone NAAQS.
In finalizing its approval of the redesignation request, EPA also
approves, as a revision to the BPA State Implementation Plan (SIP), a
1997 8-hour ozone maintenance plan that includes a 2021 Motor Vehicle
Emissions Budget (MVEB). EPA is also approving the BPA area's 2002 base
year emissions inventory as part of the BPA SIP. EPA also is approving
as part of the BPA SIP, the Texas Clean-Fuel Vehicle (CFV) Program
Equivalency Demonstration. EPA finds that with final approval of these
revisions, the area has a fully approved SIP that meets all of the 1997
8-hour ozone requirements and 1-hour ozone anti-backsliding
requirements under section 110 and Part D of the Federal Clean Air Act
(CAA or Act) that are applicable for purposes of redesignation. EPA is
also approving a determination that the BPA area is meeting the 1-hour
ozone standard based upon three years of complete, quality-assured, and
certified ambient air quality monitoring data for 2006-2008.
Preliminary data available for 2009 and 2010 show that the area
continues to attain the standard.
Additionally, EPA is taking final action to approve the post-1996
Rate of Progress (ROP) plan's contingency measures, the substitute
control measures for the failure-to-attain contingency measures, and
the removal from the Texas SIP of a 1-hour ozone failure-to-attain
contingency measure, a volatile organic compound (VOC) SIP rule for
marine vessel loading, as meeting the requirements of section 110(l)
and part D of the Act.
EPA also is providing clarification of an earlier separate EPA
rulemaking action approving the Section 110(a)(1) Maintenance Plan for
the 1997 8-hour ozone standard for the El Paso 1997 8-hour attainment
area.
DATES: Effective Date: This rule will be effective November 19, 2010.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-2008-0932. All documents in the docket
are listed on the https://www.regulations.gov Web site. Although listed
in the index, some information is
[[Page 64676]]
not publicly available, i.e., 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 https://www.regulations.gov or in hard copy at the Air Planning
Section, Air Planning Branch, Multimedia Planning and Permitting
Division, U.S. Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. EPA requests that if at
all possible, you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Ellen Belk, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-2164; fax
number 214-665-7263; e-mail address belk.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for this rule?
II. What comments did we receive on the proposed rule?
III. What actions is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this rule?
The background for today's actions is discussed in detail in EPA's
May 17, 2010, proposal to approve Texas' redesignation request (75 FR
27514). In that proposed action, we noted that, under EPA regulations
at 40 CFR part 50, the 1997 8-hour ozone standard is attained when the
three-year average of the annual fourth-highest daily maximum 8-hour
average ozone concentrations is less than or equal to 0.08 parts per
million (ppm) (see 69 FR 23858, April 30, 2004, for more information).
Under the CAA, EPA may redesignate a nonattainment area to attainment
if sufficient complete, quality-assured data are available to determine
that the area has attained the standard and if it meets the other CAA
redesignation requirements in section 107(d)(3)(E).
The TCEQ, on December 16, 2008, submitted a complete request to
redesignate the BPA area to attainment for the 1997 8-hour ozone
standard. The redesignation request included three years of complete,
quality-assured data for the period of 2005 through 2007, indicating
the 8-hour NAAQS for ozone, as promulgated in 1997, had been attained
for the BPA area. Complete, quality-assured monitoring data for 2006-
2008 also show that the area continues to attain the 1997 8-hour ozone
standard. Preliminary data available for the 2009 and 2010 ozone
seasons indicate that the area continues to be in attainment.
The request also included a maintenance plan with associated MVEBs,
the 2002 base year emission inventory, and the sole outstanding 1-hour
ozone anti-backsliding requirement for the BPA area, the Texas CFV
Program Equivalency Demonstration. The submitted MVEB for nitrogen
oxides (NOX) and VOC for the BPA area is defined in the
table below:
Beaumont/Port Arthur NOX and VOC MVEB
[Summer season tons per day]
------------------------------------------------------------------------
Pollutant 2021
------------------------------------------------------------------------
NOX........................................................ * 7.24
VOC........................................................ 4.77
------------------------------------------------------------------------
* Includes an allocation of 1 tpd from the available NOX safety margin.
The submittal met the adequacy criteria in 40 CFR 93.118(e)(4), and
on April 1, 2010 (75 FR 16456), EPA published a Federal Register notice
deeming the 2021 MVEB for Beaumont/Port Arthur, Texas adequate for
transportation conformity purposes.
Apart from the redesignation request, the TCEQ also submitted and
EPA proposed to approve the 1-hour ozone Post-1996 ROP Plan's
contingency measures, backfill failure-to-attain contingency measures,
and removal from the Texas SIP under section 110(l) of a VOC marine
vessel loading contingency measure.
The May 17, 2010 proposed rule and Technical Support Document
provide a detailed discussion of how Texas met the redesignation
requirements and other CAA requirements.
II. What comments did we receive on the proposed rule?
EPA provided a 30-day review and comment period, which closed on
June 16, 2010. EPA received 25 comment letters in response to the
proposed rulemaking, each of which expressed support for approving the
request from the State of Texas to redesignate the BPA ozone
nonattainment area to attainment for the 1997 8-hour ozone standard.
The comment letters are available for review in the docket for this
rulemaking. EPA received letters expressing support for the BPA
redesignation approval from the following: Texas Commission on
Environmental Quality, Austin; Executive Director, Southeast Texas
Regional Planning Commission (SETRPC), Beaumont; Director,
Transportation and Environmental Resources, SETRPC, Beaumont; Mayor,
City of Beaumont; President, Greater Beaumont Chamber of Commerce;
Executive Port Director, Port of Beaumont; Mayor, City of Bridge City;
Mayor, City of Port Neches; Mayor, City of West Orange; Director of
Public Works, City of West Orange; Mayor, City of Lumberton; Mayor,
City of Nederland; County Judge, Orange County; Jefferson County
Commissioners Court; County Judge, Hardin County; Texas State
Representative, District 21, Texas House of Representatives; President,
Caliber Solutions, Beaumont; Entergy Texas Inc., Beaumont; Goodyear
Tire & Rubber Company, Beaumont; Oiltaking Beaumont Partners, L.P.;
Chairman, Southeast Texas Plant Managers Forum, Nederland; Plant
Manager, Solvay Solexis, Inc., Orange; Huntsman Petrochemical LLC, Port
Neches; Sabine-Neches Navigation District, Nederland; and the Greater
El Paso Chamber of Commerce. EPA also received additional comments
submitted by the Greater El Paso Chamber of Commerce. We received no
adverse comments on the proposed rule.
Comment: The Greater El Paso Chamber of Commerce requested that EPA
take immediate action to make a determination that the El Paso County
one-hour nonattainment area has attained the revoked one-hour ozone
National Ambient Air Quality Standard (NAAQS).
Response: This rulemaking finalizes EPA's approval of Texas's
request to redesignate the BPA area to attainment for the 1997 8-hour
ozone standard and for a determination that the BPA area attained the
1-hour ozone standard. The commenter's request for a rulemaking
determining attainment of the 1-hour standard for El Paso is outside
the scope of our proposed action. EPA notes that we have previously
approved the section 110(a)(1) maintenance plan for the El Paso 1997 8-
hour ozone attainment area 74 FR 2387 (January 15, 2009).
Comment: The Greater El Paso Chamber of Commerce requested that EPA
take immediate action to find that the Prevention of Significant
Deterioration (PSD) program requirements are immediately effective in
El Paso County.
[[Page 64677]]
Response: As noted in the previous response to comment, EPA's
rulemaking is not focused on the El Paso 1997 8-hour maintenance area,
but on the redesignation of the BPA area for the 1997 8-hour ozone
standard and a determination of attainment for that area for the 1-hour
ozone standard. There is one respect, however, in which EPA wishes to
respond in order to harmonize and assure consistency of treatment for
areas with approved 1997 8-hour maintenance plans, whether they are
initially designated attainment (like El Paso) or redesignated to
attainment (like BPA) for that standard. EPA thus wishes to clarify a
statement it previously made in approving the El Paso section 110(a)(1)
maintenance plan for the 1997 8-hour standard 74 FR 2387 (January 15,
2009). In that notice, EPA stated that a separate analysis under
section 110(l) would be required to transition from a nonattainment New
Source Review (NSR) permitting program to a PSD permitting program.
Since that time, EPA has had further opportunity to consider the
applicable statutory and regulatory provisions and the decision in
South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir.
2006). As a result, we no longer believe that the Clean Air Act
requires a separate 110(l) analysis to replace 1-hour nonattainment NSR
with PSD once an area has been redesignated to attainment for the 1997
8-hour standard, or has an approved 110(a)(1) maintenance plan for that
standard. In sum, we believe that the approach to the nonattainment
NSR/PSD transition that we are adopting here with respect to BPA should
also be extended to El Paso. Thus, as long as the Texas NSR SIP is
clear that the PSD SIP requirements apply to an area such as El Paso,
then that is all that is required by EPA.
III. What action is EPA taking?
EPA is taking final action to approve several related actions under
the Act for the BPA ozone nonattainment area, consisting of Hardin,
Jefferson, and Orange counties. Consistent with the Act, EPA is taking
final action to determine that the BPA area has attained the 1997 8-
hour ozone NAAQS and to approve a request from the State of Texas to
redesignate the BPA area to attainment of the 1997 8-hour ozone
standard. This determination is based on complete, quality-assured, and
certified ambient air quality monitoring data for the 2006-2008 ozone
seasons that show that the 1997 8-hour ozone NAAQS has been attained in
the area. Preliminary data available for 2009 and 2010 indicate that
the area continues to attain the 1997 8-hour ozone NAAQS. EPA is also
finalizing a determination that the BPA area is meeting the 1-hour
ozone standard. This determination is based on complete, quality-
assured, and certified ambient air quality monitoring data for the
2006-2008 ozone seasons, as well as preliminary data available for 2009
and 2010 that indicate the area continues to attain the 1-hour ozone
NAAQS.
EPA is taking final action to approve the 2002 base year emissions
inventory as meeting the 1997 8-hour ozone requirement for the BPA 8-
hour ozone nonattainment area. We are approving the State's CFV program
equivalency demonstration as meeting the sole outstanding
antibacksliding 1-hour ozone requirement for the BPA serious 1-hour
ozone nonattainment area. We are finding that the BPA area, based upon
this final approval of this emissions inventory and the CFV program
equivalency determination, meets all the applicable CAA requirements
under section 110 and Part D for purposes of redesignation for the 1997
8-hour ozone NAAQS including all the applicable antibacksliding CAA
requirements for a serious 1-hour ozone nonattainment area. Further,
EPA is taking final action to approve into the SIP, as meeting section
175A and 107(d)(3)(E)(iv) of the Act, Texas' maintenance plan for the
BPA area for the 1997 8-hour ozone NAAQS. The maintenance plan shows
maintenance of the standard through 2021. Additionally, EPA is
approving the 2021 MVEB for NOX and VOCs shown in the table
in section I above, which was submitted by Texas for the BPA area in
conjunction with its redesignation request and maintenance plan.
Consequently, EPA is taking final action to approve the State's
request to redesignate the area from nonattainment to attainment for
the 1997 8-hour ozone NAAQS. After evaluating Texas' redesignation
request, EPA has determined that with this final approval of the above-
identified SIP elements and the maintenance plan, the area meets the
redesignation criteria set forth in section 107(d)(3)(E) and section
175A of the Act. The final approval of this redesignation request
changes the official designation in 40 CFR part 81 for the BPA area
from nonattainment to attainment for the 1997 8-hour ozone standard.
EPA also notes that with this final redesignation to attainment for the
1997 8-hour ozone NAAQS and this final determination of attainment for
the 1-hour ozone NAAQS, the 1-hour anti-backsliding obligations to
submit planning SIPs to meet the attainment demonstration and
reasonably available control measures (RACM) requirements, and the ROP
and contingency measures requirements, cease to apply. Finalizing the
1-hour ozone attainment determination suspends for the BPA area the
foregoing obligations, and they cease to apply upon EPA's final action
redesignating the BPA area to attainment for the 1997 8-hour ozone
standard. In addition, after final redesignation to attainment for the
1997-8-hour ozone standard, EPA does not require the continued
application of 1-hour anti-backsliding nonattainment NSR, if Texas
interprets its SIP as applying PSD to BPA in these circumstances.
EPA also is taking final action to approve the Post-1996 ROP Plan's
contingency measures and backfill failure-to-attain contingency
measures, and the removal from the Texas SIP under section 110(l) of a
VOC marine vessel loading contingency measure.
Additionally, EPA is clarifying statements made and the approach it
took with respect to the 1-hour ozone nonattainment NSR/PSD transition
in its approval of the El Paso 110(a)(1) maintenance plan.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, redesignation of an area to attainment and
the accompanying approval of a maintenance plan under section
107(d)(3)(E) are actions that affect the status of a geographical area
and do not impose any additional regulatory requirements on sources
beyond those imposed by State law. A redesignation to attainment does
not in and of itself create any new requirements, but rather results in
the applicability of requirements contained in the Clean Air Act for
areas that have been redesignated to attainment. Moreover, 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,
EPA's role is to approve State choices, provided that they meet the
criteria of the Clean Air Act. Accordingly, these actions merely do not
impose additional requirements beyond those imposed by State law and
the Clean Air Act. For that reason, these actions:
[[Page 64678]]
Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are 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);
Are 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
Do 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. 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 20, 2010. 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Nitrogen dioxides,
Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control.
Dated: September 30, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
0
40 CFR parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
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 52.2270 is amended as follows:
0
a. The table in paragraph (c) entitled, ``EPA Approved Regulations in
the Texas SIP'' is amended under Chapter 115 (Reg 5), Subchapter C,
Division 1, by revising the entry for Section 115.219.
0
b. The second table in paragraph (e) entitled, ``EPA-Approved Non-
Regulatory Provisions and Quasi Regulatory Measures in the Texas SIP''
is amended by adding eight new entries at the end.
The revision 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 date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 115 (Regt 5)--Control of Air Pollution from Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter C--Volatile Organic Compound Transfer Operations
----------------------------------------------------------------------------------------------------------------
Division 1: Loading and Unloading of Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 115.219................. Counties and 11/15/2006 10/20/2010 [Insert
Compliance. citation of
publication in
Federal Register].
[[Page 64679]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(e) * * *
* * * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State submittal/ EPA approval date Comments
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Redesignation Request for the Beaumont/Port 12/10/2008 10/20/2010 [Insert .................
1997 8-hour Ozone NAAQS Arthur, TX. citation of
(Hardin, Jefferson, and Orange publication in
Counties). Federal Register].
Determination of Attainment for Beaumont/Port 12/10/2008 10/20/2010 [Insert
the 1-hour Ozone NAAQS (Hardin, Arthur, TX. citation of
Jefferson, and Orange Counties). publication in
Federal Register].
2002 Base Year Emissions Beaumont/Port 12/10/2008 10/20/2010 [Insert
Inventory. Arthur, TX. citation of
(1997 8-hour Ozone NAAQS)....... publication in
Federal Register].
Texas Clean-Fuel Vehicle Program Beaumont/Port 12/10/2008 10/20/2010 [Insert
Equivalency Demonstration (1- Arthur, TX. citation of
hour Ozone NAAQS). publication in
Federal Register].
Substitute Control Measures for Beaumont/Port 12/10/2008 10/20/2010 [Insert
the SIP-Approved Failure-to- Arthur, TX. citation of
attain Contingency Measures (1- publication in
hour Ozone NAAQS). Federal Register].
Post 1996 Rate of Progress Plan Beaumont/Port 11/16/2004 10/20/2010 [Insert
Contingency Measures (1-hour Arthur, TX. citation of
Ozone NAAQS). publication in
Federal Register].
Maintenance Plan (1997 8-hour Beaumont/Port 12/10/2008 10/20/2010 [Insert
Ozone NAAQS, CAA Section 175A). Arthur, TX. citation of
publication in
Federal Register].
2021 Motor Vehicle Emissions Beaumont/Port 12/10/2008 10/20/2010 [Insert
Budget (1997 8-hour Ozone Arthur, TX. citation of
NAAQS). publication in
Federal Register].
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.2275 is amended by adding paragraph (h) to read as
follows:
Sec. 52.2275 Control strategy and regulations: Ozone.
* * * * *
(h) Determination of attainment for the 1-hour ozone standard and
redesignation for the 1997 8-hour ozone standard. Effective November
19, 2010, EPA has determined that the Beaumont/Port Arthur ozone
nonattainment area has attained the 1-hour ozone National Ambient Air
Quality Standard (NAAQS) and has redesignated the area to attainment
for the 1997 8-hour ozone standard. With this final redesignation to
attainment for the 1997 8-hour ozone NAAQS and this final determination
of attainment for the 1-hour ozone NAAQS, the 1-hour anti-backsliding
obligations to submit planning SIPs to meet the attainment
demonstration and reasonably available control measures (RACM)
requirements, and the ROP and contingency measures requirements, cease
to apply.
PART 81--[AMENDED]
0
4. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
5. In Sec. 81.344, the table entitled, ``Texas-Ozone (8-Hour
Standard)'' is amended by: revising the entries for Beaumont/Port
Arthur TX; Revising footnote 3; and adding a new footnote 4 at the end
of the table.
The revisions and addition read as follows:
Sec. 81.344 Texas.
* * * * *
[[Page 64680]]
Texas-Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/ Classification
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Beaumont/Port Arthur TX:
Hardin County................. (\3\) Attainment........... (\3\)
Jefferson County.............. (\3\) Attainment........... (\3\)
Orange County................. (\3\) Attainment........... (\3\)
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\3\ Effective November 19, 2010.
\4\ Effective October 31, 2008.
* * * * *
[FR Doc. 2010-26261 Filed 10-19-10; 8:45 am]
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