Approval and Promulgation of Implementation Plans; Texas; Attainment Demonstration for the Houston-Galveston-Brazoria 1997 8-hour Ozone Nonattainment Area, 57-61 [2013-31247]
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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations
Dated: December 9, 2013.
W.C. Early,
Acting Regional Administrator, Regional III.
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Article XX or XXI citation
b. Revising the table in paragraph
(e)(1) by adding entries at the end of the
table for the 2002 Base Year Inventory
for the 1997 Annual PM2.5 NAAQS.
The amendments read as follows:
■
2. § 52.2020 is amended by:
a. Revising the table in paragraph
(c)(2) by:
■ (i) Revising the entry for Article XXI
citation 2101.10.
■ (ii) Adding another entry for Article
XXI citation 2101.20.
■
■
§ 52.2020
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State
effective
date
Title/subject
Identification of plan.
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(c) * * *
(2) * * *
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EPA-approval date
Additional explanation/
§ 52.2063 citation
Part A—General
2101.10 ..........................
Ambient Air Quality Standards (Except: PM10—
County & Free silica portion; Pb (1-hr & 8-hr
avg.); settled particulates, beryllium, sulfates,
fluorides, and hydrogen sulfide).
5/24/10
1/2/14 [Insert page number where the document begins].
Addition of PM2.5 standards.
2101.20 ..........................
Definitions .............................................................
5/24/10
1/2/14 [Insert page number where the document begins].
Addition of ‘‘PM–2.5’’
definition.
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(e) * * *
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(1) * * *
Name of non-regulatory
SIP revision
Applicable geographic area
State submittal date
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2002 Base Year Emissions Inventory for the
1997 Annual PM2.5
NAAQS.
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Liberty-Clairton PM2.5 Nonattainment Area ...........
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6/17/11
3. Amend § 52.2036 by adding
paragraph (q) to read as follows:
§ 52.2036
*
1/2/14 [Insert page number where the document begins].
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
■
Base year emissions inventory.
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EPA approval date
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(q) EPA approves as a revision to the
Pennsylvania State Implementation Plan
the 2002 base year emissions inventory
for the Liberty-Clairton 1997 annual fine
particulate matter (PM2.5) nonattainment
area submitted by the Pennsylvania
Department of Environmental Protection
on June 17, 2011. The base year
emissions inventory includes emissions
estimates that cover the general source
categories of point sources, area sources,
on-road mobile sources, and non-road
mobile sources. The pollutants that
comprise the inventory are PM2.5,
nitrogen oxides (NOX), volatile organic
compounds (VOCs), ammonia (NH3),
and sulfur dioxide (SO2).
[FR Doc. 2013–30870 Filed 12–31–13; 8:45 am]
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[EPA–R06–OAR–2013–0387; FRL–9904–96Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Attainment Demonstration for the
Houston-Galveston-Brazoria 1997 8hour Ozone Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the
following required State
Implementation Plan (SIP) submittals
from the State of Texas for the HoustonGalveston-Brazoria 1997 8-hour ozone
nonattainment area (HGB area): the
attainment demonstration for the 1997
ozone National Ambient Air Quality
Standards (NAAQS), the reasonably
available control measures (RACM)
demonstration for the NAAQS, the
SUMMARY:
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Additional explanation
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52.2036(q).
contingency measures plan in the event
of failure to attain the NAAQS by the
applicable attainment date, and a Motor
Vehicle Emissions Budget (MVEB) for
2018, which is the attainment year for
the area. EPA is also approving
revisions to the air pollution control
measures and General Air Quality
Definitions in the Texas SIP. The
revisions to the air pollution control
measures include revisions to the Mass
Emissions Cap and Trade (MECT)
program for nitrogen oxides (NOX),
revisions to the highly reactive volatile
organic compound (HRVOC) emissions
cap and trade (HECT) program,
Voluntary Mobile Emissions Program
(VMEP) measures, and Transportation
Control Measures (TCMs). EPA is taking
these actions in accordance with section
110 and part D of the Clean Air Act
(CAA).
This final rule is effective on
February 3, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2013–0387. All
documents in the docket are listed on
DATES:
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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations
the https://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 https://
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. Contact the person listed
in the FOR FURTHER INFORMATION
CONTACT paragraph below to make an
appointment.
Carl
Young, Air Planning Section (6PD–L),
telephone (214) 665–6645, email
young.carl@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
The background for today’s action is
discussed in detail in our September 9,
2013 proposal (78 FR 55037). In that
notice, we proposed to approve the
following Texas SIP submittals for the
HGB area:
• Attainment demonstration for the
1997 ozone NAAQS
• Revisions to the MECT air pollution
control program
• Revisions to the HECT air pollution
control program
• VMEP measures and TCMs
• A 2018 year MVEB
• Demonstration of RACM
• Contingency measures plan
addressing a failure to attain the
NAAQS by the applicable attainment
date
• Revisions to the General Air Quality
Definitions submitted by the State on
June 10, 2005, August 16, 2007, April 6,
2010 and March 11, 2011.
In our proposal we noted that in order
to approve the attainment
demonstration for the area we must also
approve the reasonable further progress
(RFP) plan and the RFP contingency
measures (78 FR 55037, 55038). In a
separate action we are approving the
RFP plan and the RFP contingency
measures.1
Five commenters provided comments
on our September 9, 2013 proposal. The
comments we received can be accessed
from the www.regulations.gov Web site
(Docket No. EPA–R06–OAR–2013–
0387). The discussion below addresses
the comments we received on our
proposed action.
II. Response to Comments
Comment: We received four
comments supportive of our proposal to
approve the SIP revisions.
Response: We appreciate the
supportive comments.
Comment: We received a comment
that the relevance of the attainment
demonstration must be evaluated
against the 2008 ozone NAAQS of 75
ppb, not the 1997 ozone NAAQS of 84
ppb.
Response: We disagree that the
relevance of the attainment
demonstration must be evaluated
against the 2008 ozone NAAQS. Clean
Air Act section 182(b)(1) and 40 CFR
51.908 require an attainment
demonstration for the 1997 ozone
NAAQS. The attainment demonstration
being approved specifically addresses
this CAA requirement. Areas were
designated for the 2008 ozone NAAQS
in 2012 and the attainment
demonstration and other planning
provisions to address the area’s
nonattainment status for that standard
are not yet due. We expect future SIP
revisions for the HGB area, including
the attainment demonstration, will be
submitted to address the 2008 ozone
NAAQS.
Comment: We received a comment
from the Texas Commission on
Environmental Quality (TCEQ)
requesting that we not act on the
revisions submitted for the HECT
program in 30 TAC 101.396(b) and
instead retain the current SIP-approved
rule language. TCEQ noted that the
revision to 30 TAC 101.396(b) conflicts
with 30 TAC 115.722(c) and 30 TAC
115.761(c) and that they intend to
consider technical corrections to 30
TAC 101.396(b) in future rulemaking.
Response: Given the TCEQ request we
are not taking action on the revision to
30 TAC 101.396(b) at this time. The
current SIP-approved language for 30
TAC 101.396(b) will therefore remain in
effect and remove any concerns about
conflicts with existing SIP-approved
requirements at 30 TAC 115.722(c) and
115.761(c) as cited by the TCEQ.
Further, the retention of the SIPapproved language at 30 TAC 101.396(b)
will ensure the continued integrity of
the HECT program and the HGB
attainment demonstration. Table 1
below shows the current SIP-approved
language that will be retained and the
revision we are not taking action on for
30 TAC 101.396(b).
TABLE 1—SIP APPROVED LANGUAGE AND SUBMITTED REVISION TO 30 TAC 101.396(b)
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SIP Approved 30 TAC 101.396(b) that will be retained
Revision to 30 TAC 101.396(b) that we are not taking action on
The amount of HRVOC emissions from covered facilities shall be calculated for each hour of the year and summed to determine the annual emissions for compliance. For emissions from emissions events
subject to the requirements of § 101.201 of this title (relating to Emissions Event Reporting and Recordkeeping Requirements) or emissions from scheduled maintenance, startup, or shutdown activities
subject to the requirements of § 101.211 of this title (relating to
Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping Requirements); the hourly emissions to be included in the
summation shall not exceed the short-term limit of § 115.722(c) and
§ 115.761(c) of this title (relating to Site-wide Cap and Control Requirements; and Site-wide Cap).
(b) The amount of HRVOC emissions from applicable facilities will be
calculated for each hour of the year and summed to determine the
annual emissions for compliance. For emissions from scheduled
maintenance, startup, or shutdown activities subject to the requirements of § 101.211 of this title (relating to Scheduled Maintenance,
Startup, and Shutdown Reporting and Recordkeeping Requirements), the hourly emissions to be included in the summation shall
not exceed the short-term limit of § 115.722(c) and § 115.761(c) of
this title (relating to Site-wide Cap and Control Requirements; and
Site-wide Cap.
1 See docket EPA–R06–OAR–2010–0333 in
www.regulations.gov.
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Comment: One commenter who
supported the proposal also urged us to
work proactively with states to develop
guidance on how to best account for
exceptional events, particularly
wildfires, and transport of emissions
from Asia in future SIPs. The
commenter further urged us to
thoughtfully consider exceptional event
and CAA 179B petitions from states
affected by emissions that are beyond
their control.
Response: While these matters are not
relevant to the current action before us
which is approving the HGB area SIP,
we note that we will continue to
actively work with states to address the
general SIP related issues of exceptional
events and international transport. In
May 2013, we issued interim guidance
on exceptional events and announced
our intention to propose and finalize
revisions to the 2007 Exceptional Events
Rule (72 FR 13560, March 22, 2007).
More information can be found on our
exceptional events Web site located at
https://www.epa.gov/ttn/analysis/
exevents.htm.
CAA section 179B (International
Border Areas), applies to nonattainment
areas that are affected by emissions from
outside the United States. For more
discussion on section 179B, please see
78 FR 34178, 34204 (June 6, 2013
Federal Register) and 70 FR 71612,
71624 (November 29, 2005 Federal
Register).
III. Final Action
We are approving SIP submittals from
the State of Texas for the HGB ozone
nonattainment area submitted on April
6, 2010, and May 6, 2013. Specifically,
we are approving the following Texas
SIP submittals for the HGB area:
• Attainment demonstration for the
1997 ozone NAAQS
• Revisions to the MECT air pollution
control program
• Revisions to the HECT air pollution
control program
• VMEP measures and TCMs
• A 2018 year MVEB
• Demonstration of RACM
• Contingency measures plan
addressing a failure to attain the
NAAQS by the applicable attainment
date
We are also approving the following
SIP revisions to the General Air Quality
Definitions submitted by the State on
June 10, 2005, August 16, 2007, April 6,
2010 and March 11, 2011. Additionally,
we are approving the revisions to the
MECT and HECT program submitted on
April 6, 2010, with the exception of the
revision to 30 TAC 101.396(b). We are
taking no action on revisions to 30 TAC
101.396(b).
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We are approving these SIP revisions
in accordance with section 110 and part
D of the CAA.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Clean Air 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, 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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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 Clean Air Act;
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 the SIP is
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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. section 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 March 3, 2014.
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, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: December 19, 2013.
Ron Curry,
Regional Administrator, Region 6.
40 CFR Part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. In § 52.2270:
a. In paragraph (c), the table titled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended by revising the
entries for Sections 101.1, 101.350,
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101.351, 101.353, 101.390 through
101.394, 101.396, and 101.399 through
101.401.
■ b. In paragraph (e), the second table
entitled ‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Texas SIP’’ is amended
by adding a new entry to the end of the
table for ‘‘Houston-Galveston-Brazoria
1997 8-hour Ozone NAAQS Attainment
Demonstration SIP and its MECT and
HECT air pollution control program
revisions, VMEP measures and TCMs,
2018 MVEB, RACM demonstration, and
Failure to attain contingency measure
plan’’.
The revisions and additions read as
follows:
§ 52.2270
*
Identification of plan.
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(c) * * *
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EPA-APPROVED REGULATIONS IN THE TEXAS SIP
State citation
State
approval/
submittal
date
Title/subject
*
*
*
EPA approval date
*
Explanation
*
*
*
*
*
*
*
*
*
*
*
Chapter 101—General Air Quality Rules
Subchapter A—General Rules
Section 101.1 .................
*
Definitions .....................
*
3/11/2011
*
1/2/2014 [Insert FR page number
where document begins].
*
*
Subchapter H—Emissions Banking and Trading
*
*
*
*
*
Division 3—Mass Emissions Cap and Trade Program
Section 101.350 .............
Definitions .....................
4/6/2010
Section 101.351 .............
Applicability ...................
4/6/2010
1/2/2014 [Insert FR page number
where document begins].
1/2/2014 [Insert FR page number
where document begins].
*
Section 101.353 .............
*
*
Allocation of Allowances
4/6/2010
*
*
1/2/2014 [Insert FR page number
where document begins].
*
*
*
*
*
Division 6—Highly-Reactive Volatile Organic Compound Emissions Cap and Trade Program
Section 101.390 .............
Definitions .....................
4/6/2010
Section 101.391 .............
Applicability ...................
4/6/2010
Section 101.392 .............
Exemptions ...................
4/6/2010
Section 101.393 .............
General Provisions .......
4/6/2010
Section 101.394 .............
Allocation of Allowances
4/6/2010
Section 101.396 .............
Allowance deductions ...
4/6/2010
Section 101.399 .............
Allowance Banking and
Trading.
Reporting ......................
4/6/2010
Level of Activity Certification.
4/6/2010
Section 101.400 .............
Section 101.401 .............
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17:09 Dec 31, 2013
4/6/2010
1/2/2014 [Insert FR page
where document begins].
1/2/2014 [Insert FR page
where document begins].
1/2/2014 [Insert FR page
where document begins].
1/2/2014 [Insert FR page
where document begins].
1/2/2014 [Insert FR page
where document begins].
1/2/2014 [Insert FR page
where document begins].
number
number
number
number
number
number
At the request of TCEQ EPA took
no action on the revision to
101.396(b) submitted on 4/6/2010.
Section 101.396(b) is the rule language submitted 12/1/2004 and
approved
9/6/2006
(71
FR
52659).
1/2/2014 [Insert FR page number
where document begins].
1/2/2014 [Insert FR page number
where document begins].
1/2/2014 [Insert FR page number
where document begins].
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(e) * * *
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EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Applicable geographic
or non-attainment area
Name of SIP provision
*
*
Houston-Galveston-Brazoria 1997 8-hour Ozone
NAAQS Attainment Demonstration SIP and its
MECT and HECT air pollution control program
revisions, VMEP measures and TCMs, 2018
MVEB, RACM demonstration, and Failure to
attain contingency measure plan.
[FR Doc. 2013–31247 Filed 12–31–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1990–0010; FRL 9903–
67–Region 9]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the El Toro Marine Corps
Air Station Superfund Site; Correction
AGENCY:
Environmental Protection
Agency.
Final rule; correction.
ACTION:
The Environmental Protection
Agency published in the Federal
Register on November 19, 2013, a
document concerning the National Oil
and Hazardous Substances Pollution
Contingency Plan; National Priorities
List: Partial Deletion of the El Toro
Marine Corps Air Station Superfund
Site. Inadvertently, that publication
included the incorrect docket number
for this Site. This document corrects
that error.
DATES: This correction is effective on
January 21, 2014.
FOR FURTHER INFORMATION CONTACT:
Mary Aycock, U.S. EPA Remedial
Project Manager, U.S. Environmental
Protection Agency, Region IX;
Telephone: (415) 972–3289; Fax: (415)
947–3528; Email: Aycock.Mary@
epa.gov.
SUMMARY:
*
*
Houston-GalvestonBrazoria, TX.
State
approval/
submittal
date
4/6/2010
5/6/2013
[EPA–HQ–SFUND–1990–0010; FRL
9902–79–Region 9]
2. On page 69302, in the third
column, correct the first clause of the
ADDRESSES caption to read:
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1990–0010, by one of the
following methods:
3. On page 69302, in the third
column, correct the first sentence of the
‘‘Instructions’’ caption to read:
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–1990–
0010.
Dated: December 19, 2013.
Jared Blumenfeld,
Regional Administrator.
[FR Doc. 2013–31265 Filed 12–31–13; 8:45 am]
BILLING CODE 6560–50–P
The EPA
published a document in the Federal
Register on November 19, 2013 (78 FR
69302) that included the incorrect
docket number for the National Oil and
Hazardous Substances Pollution
Contingency Plan; National Priorities
List: Partial Deletion of the El Toro
Marine Corps Air Station Superfund
Site. This correction corrects the
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Comments
*
*
1/2/2014 [Insert FR page number
where document begins].
incorrect docket number published on
November 19, 2013.
In rule FR Doc. 13–27724 published
on November 19, 2013, (78 FR 69302)
make the following corrections.
1. On page 69302, in the second
column, correct the docket number for
the National Oil and Hazardous
Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion
of the El Toro Marine Corps Air Station
Superfund Site to read:
*
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 412, 482, 485, and 489
[CMS–1599 & 1455–CN3]
RINs 0938–AR53 and 0938–AR73
Medicare Program; Hospital Inpatient
Prospective Payment Systems for
Acute Care Hospitals and the LongTerm Care Hospital Prospective
Payment System and Fiscal Year 2014
Rates; Quality Reporting Requirements
for Specific Providers; Hospital
Conditions of Participation; Payment
Policies Related to Patient Status;
Corrections
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notification of correction to
tables.
AGENCY:
This document corrects
technical errors in the final rules that
appeared in the August 19, 2013
Federal Register titled ‘‘Medicare
Program; Hospital Inpatient Prospective
Payment Systems for Acute Care
Hospitals and the Long-Term Care
Hospital Prospective Payment System
and Fiscal Year 2014 Rates; Quality
Reporting Requirements for Specific
Providers; Hospital Conditions of
Participation; Payment Policies Related
to Patient Status.’’
DATES: Effective Date: This correcting
document is effective on January 2,
2014.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
EPA approval date
Tzvi
Hefter (410) 786–4487.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2013–18956, which
appeared in the August 19, 2013
Federal Register (78 FR 50496) entitled
‘‘Medicare Program; Hospital Inpatient
Prospective Payment Systems for Acute
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[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Rules and Regulations]
[Pages 57-61]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31247]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2013-0387; FRL-9904-96-Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Attainment Demonstration for the Houston-Galveston-Brazoria 1997 8-hour
Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
following required State Implementation Plan (SIP) submittals from the
State of Texas for the Houston-Galveston-Brazoria 1997 8-hour ozone
nonattainment area (HGB area): the attainment demonstration for the
1997 ozone National Ambient Air Quality Standards (NAAQS), the
reasonably available control measures (RACM) demonstration for the
NAAQS, the contingency measures plan in the event of failure to attain
the NAAQS by the applicable attainment date, and a Motor Vehicle
Emissions Budget (MVEB) for 2018, which is the attainment year for the
area. EPA is also approving revisions to the air pollution control
measures and General Air Quality Definitions in the Texas SIP. The
revisions to the air pollution control measures include revisions to
the Mass Emissions Cap and Trade (MECT) program for nitrogen oxides
(NOX), revisions to the highly reactive volatile organic
compound (HRVOC) emissions cap and trade (HECT) program, Voluntary
Mobile Emissions Program (VMEP) measures, and Transportation Control
Measures (TCMs). EPA is taking these actions in accordance with section
110 and part D of the Clean Air Act (CAA).
DATES: This final rule is effective on February 3, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2013-0387. All documents in the docket are listed on
[[Page 58]]
the https://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 https://www.regulations.gov or in hard copy at
the Air Planning Section (6PD-L), Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas 75202-2733. Contact the person
listed in the FOR FURTHER INFORMATION CONTACT paragraph below to make
an appointment.
FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-
L), telephone (214) 665-6645, email young.carl@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
The background for today's action is discussed in detail in our
September 9, 2013 proposal (78 FR 55037). In that notice, we proposed
to approve the following Texas SIP submittals for the HGB area:
Attainment demonstration for the 1997 ozone NAAQS
Revisions to the MECT air pollution control program
Revisions to the HECT air pollution control program
VMEP measures and TCMs
A 2018 year MVEB
Demonstration of RACM
Contingency measures plan addressing a failure to attain
the NAAQS by the applicable attainment date
Revisions to the General Air Quality Definitions submitted
by the State on June 10, 2005, August 16, 2007, April 6, 2010 and March
11, 2011.
In our proposal we noted that in order to approve the attainment
demonstration for the area we must also approve the reasonable further
progress (RFP) plan and the RFP contingency measures (78 FR 55037,
55038). In a separate action we are approving the RFP plan and the RFP
contingency measures.\1\
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\1\ See docket EPA-R06-OAR-2010-0333 in www.regulations.gov.
_____________________________________-
Five commenters provided comments on our September 9, 2013
proposal. The comments we received can be accessed from the
www.regulations.gov Web site (Docket No. EPA-R06-OAR-2013-0387). The
discussion below addresses the comments we received on our proposed
action.
II. Response to Comments
Comment: We received four comments supportive of our proposal to
approve the SIP revisions.
Response: We appreciate the supportive comments.
Comment: We received a comment that the relevance of the attainment
demonstration must be evaluated against the 2008 ozone NAAQS of 75 ppb,
not the 1997 ozone NAAQS of 84 ppb.
Response: We disagree that the relevance of the attainment
demonstration must be evaluated against the 2008 ozone NAAQS. Clean Air
Act section 182(b)(1) and 40 CFR 51.908 require an attainment
demonstration for the 1997 ozone NAAQS. The attainment demonstration
being approved specifically addresses this CAA requirement. Areas were
designated for the 2008 ozone NAAQS in 2012 and the attainment
demonstration and other planning provisions to address the area's
nonattainment status for that standard are not yet due. We expect
future SIP revisions for the HGB area, including the attainment
demonstration, will be submitted to address the 2008 ozone NAAQS.
Comment: We received a comment from the Texas Commission on
Environmental Quality (TCEQ) requesting that we not act on the
revisions submitted for the HECT program in 30 TAC 101.396(b) and
instead retain the current SIP-approved rule language. TCEQ noted that
the revision to 30 TAC 101.396(b) conflicts with 30 TAC 115.722(c) and
30 TAC 115.761(c) and that they intend to consider technical
corrections to 30 TAC 101.396(b) in future rulemaking.
Response: Given the TCEQ request we are not taking action on the
revision to 30 TAC 101.396(b) at this time. The current SIP-approved
language for 30 TAC 101.396(b) will therefore remain in effect and
remove any concerns about conflicts with existing SIP-approved
requirements at 30 TAC 115.722(c) and 115.761(c) as cited by the TCEQ.
Further, the retention of the SIP-approved language at 30 TAC
101.396(b) will ensure the continued integrity of the HECT program and
the HGB attainment demonstration. Table 1 below shows the current SIP-
approved language that will be retained and the revision we are not
taking action on for 30 TAC 101.396(b).
Table 1--SIP Approved Language and Submitted Revision to 30 TAC
101.396(b)
------------------------------------------------------------------------
SIP Approved 30 TAC 101.396(b) that Revision to 30 TAC 101.396(b)
will be retained that we are not taking action on
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The amount of HRVOC emissions from (b) The amount of HRVOC emissions
covered facilities shall be from applicable facilities will
calculated for each hour of the year be calculated for each hour of
and summed to determine the annual the year and summed to determine
emissions for compliance. For the annual emissions for
emissions from emissions events compliance. For emissions from
subject to the requirements of Sec. scheduled maintenance, startup,
101.201 of this title (relating to or shutdown activities subject
Emissions Event Reporting and to the requirements of Sec.
Recordkeeping Requirements) or 101.211 of this title (relating
emissions from scheduled to Scheduled Maintenance,
maintenance, startup, or shutdown Startup, and Shutdown Reporting
activities subject to the and Recordkeeping Requirements),
requirements of Sec. 101.211 of the hourly emissions to be
this title (relating to Scheduled included in the summation shall
Maintenance, Startup, and Shutdown not exceed the short-term limit
Reporting and Recordkeeping of Sec. 115.722(c) and Sec.
Requirements); the hourly emissions 115.761(c) of this title
to be included in the summation (relating to Site-wide Cap and
shall not exceed the short-term Control Requirements; and Site-
limit of Sec. 115.722(c) and Sec. wide Cap.
115.761(c) of this title (relating
to Site-wide Cap and Control
Requirements; and Site-wide Cap).
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[[Page 59]]
Comment: One commenter who supported the proposal also urged us to
work proactively with states to develop guidance on how to best account
for exceptional events, particularly wildfires, and transport of
emissions from Asia in future SIPs. The commenter further urged us to
thoughtfully consider exceptional event and CAA 179B petitions from
states affected by emissions that are beyond their control.
Response: While these matters are not relevant to the current
action before us which is approving the HGB area SIP, we note that we
will continue to actively work with states to address the general SIP
related issues of exceptional events and international transport. In
May 2013, we issued interim guidance on exceptional events and
announced our intention to propose and finalize revisions to the 2007
Exceptional Events Rule (72 FR 13560, March 22, 2007). More information
can be found on our exceptional events Web site located at https://www.epa.gov/ttn/analysis/exevents.htm.
CAA section 179B (International Border Areas), applies to
nonattainment areas that are affected by emissions from outside the
United States. For more discussion on section 179B, please see 78 FR
34178, 34204 (June 6, 2013 Federal Register) and 70 FR 71612, 71624
(November 29, 2005 Federal Register).
III. Final Action
We are approving SIP submittals from the State of Texas for the HGB
ozone nonattainment area submitted on April 6, 2010, and May 6, 2013.
Specifically, we are approving the following Texas SIP submittals for
the HGB area:
Attainment demonstration for the 1997 ozone NAAQS
Revisions to the MECT air pollution control program
Revisions to the HECT air pollution control program
VMEP measures and TCMs
A 2018 year MVEB
Demonstration of RACM
Contingency measures plan addressing a failure to attain
the NAAQS by the applicable attainment date
We are also approving the following SIP revisions to the General
Air Quality Definitions submitted by the State on June 10, 2005, August
16, 2007, April 6, 2010 and March 11, 2011. Additionally, we are
approving the revisions to the MECT and HECT program submitted on April
6, 2010, with the exception of the revision to 30 TAC 101.396(b). We
are taking no action on revisions to 30 TAC 101.396(b).
We are approving these SIP revisions in accordance with section 110
and part D of the CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Clean Air 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, 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 Order
12866 (58 FR 51735, October 4, 1993);
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 Clean Air Act; 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 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. section 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 March 3, 2014. 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, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: December 19, 2013.
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. In Sec. 52.2270:
0
a. In paragraph (c), the table titled ``EPA Approved Regulations in the
Texas SIP'' is amended by revising the entries for Sections 101.1,
101.350,
[[Page 60]]
101.351, 101.353, 101.390 through 101.394, 101.396, and 101.399 through
101.401.
0
b. In paragraph (e), the second table entitled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by adding a new entry to the end of the table for
``Houston-Galveston-Brazoria 1997 8-hour Ozone NAAQS Attainment
Demonstration SIP and its MECT and HECT air pollution control program
revisions, VMEP measures and TCMs, 2018 MVEB, RACM demonstration, and
Failure to attain contingency measure plan''.
The revisions 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 EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 101--General Air Quality Rules
----------------------------------------------------------------------------------------------------------------
Subchapter A--General Rules
----------------------------------------------------------------------------------------------------------------
Section 101.1.................... Definitions......... 3/11/2011 1/2/2014 [Insert FR
page number where
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter H--Emissions Banking and Trading
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 3--Mass Emissions Cap and Trade Program
----------------------------------------------------------------------------------------------------------------
Section 101.350.................. Definitions......... 4/6/2010 1/2/2014 [Insert FR
page number where
document begins].
Section 101.351.................. Applicability....... 4/6/2010 1/2/2014 [Insert FR
page number where
document begins].
* * * * * * *
Section 101.353.................. Allocation of 4/6/2010 1/2/2014 [Insert FR
Allowances. page number where
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 6--Highly-Reactive Volatile Organic Compound Emissions Cap and Trade Program
----------------------------------------------------------------------------------------------------------------
Section 101.390.................. Definitions......... 4/6/2010 1/2/2014 [Insert FR
page number where
document begins].
Section 101.391.................. Applicability....... 4/6/2010 1/2/2014 [Insert FR
page number where
document begins].
Section 101.392.................. Exemptions.......... 4/6/2010 1/2/2014 [Insert FR
page number where
document begins].
Section 101.393.................. General Provisions.. 4/6/2010 1/2/2014 [Insert FR
page number where
document begins].
Section 101.394.................. Allocation of 4/6/2010 1/2/2014 [Insert FR
Allowances. page number where
document begins].
Section 101.396.................. Allowance deductions 4/6/2010 1/2/2014 [Insert FR At the request of
page number where TCEQ EPA took no
document begins]. action on the
revision to
101.396(b)
submitted on 4/6/
2010. Section
101.396(b) is the
rule language
submitted 12/1/2004
and approved 9/6/
2006 (71 FR 52659).
Section 101.399.................. Allowance Banking 4/6/2010 1/2/2014 [Insert FR
and Trading. page number where
document begins].
Section 101.400.................. Reporting........... 4/6/2010 1/2/2014 [Insert FR
page number where
document begins].
Section 101.401.................. Level of Activity 4/6/2010 1/2/2014 [Insert FR
Certification. page number where
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
[[Page 61]]
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
Applicable geographic approval/
Name of SIP provision or non-attainment area submittal EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Houston-Galveston-Brazoria 1997 8- Houston-Galveston- 4/6/2010 1/2/2014 [Insert FR
hour Ozone NAAQS Attainment Brazoria, TX. 5/6/2013 page number where
Demonstration SIP and its MECT and document begins].
HECT air pollution control program
revisions, VMEP measures and TCMs,
2018 MVEB, RACM demonstration, and
Failure to attain contingency
measure plan.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2013-31247 Filed 12-31-13; 8:45 am]
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