Findings of Failure To Submit State Implementation Plans Required for Attainment of the 2010 1-Hour Primary Sulfur Dioxide (SO2, 48111-48113 [2020-16672]
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Federal Register / Vol. 85, No. 154 / Monday, August 10, 2020 / Rules and Regulations
used to grant general permission to
enter the regulated area.
Dated: July 24, 2020
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the
Port Long Island Sound.
[FR Doc. 2020–16524 Filed 8–7–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2020–0363; FRL–10012–
84–Region 6]
Findings of Failure To Submit State
Implementation Plans Required for
Attainment of the 2010 1-Hour Primary
Sulfur Dioxide (SO2) National Ambient
Air Quality Standard (NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
find that Texas has failed to submit
State Implementation Plans (SIPs) to
satisfy certain nonattainment area
planning requirements of the Clean Air
Act (CAA) for the 2010 1-hour primary
Sulfur Dioxide (SO2) National Ambient
Air Quality Standard (NAAQS). The
purpose for the development and
implementation of a nonattainment area
SIP is to provide for attainment of the
NAAQS as expeditiously as practicable
following the designation of an area as
nonattainment. This action establishes
certain CAA deadlines for the EPA to
impose sanctions if Texas does not
submit a complete SIP for each
nonattainment area addressing the
outstanding requirements and for the
EPA to promulgate a Federal
Implementation Plan (FIP) to address
any outstanding SIP requirements.
DATES: This action is effective on
September 9, 2020.
FOR FURTHER INFORMATION CONTACT:
General questions concerning this
document should be addressed to
Robert Imhoff, EPA Region 6, Air and
Radiation Division, by telephone (214)
665–7262 or by email at Imhoff.Robert@
epa.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. General Information
A. Notice and Comment Under the
Administrative Procedure Act (APA)
Section 553 of the APA, Title 5
United States Code (U.S.C.) Section
553(b)(3)(B), provides that, when an
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agency for good cause finds that notice
and public procedures are
impracticable, unnecessary or contrary
to the public interest, the agency may
issue a rule without providing notice
and an opportunity for public comment.
The EPA has determined that there is
good cause for making this final agency
action without prior proposal and
opportunity for comment because no
significant EPA judgment is involved in
making findings of failure to submit
SIPs, or elements of SIPs, required by
the CAA, where states have made no
submission to meet the requirement.
Thus, notice and public procedures are
unnecessary to take this action. The
EPA finds that this constitutes good
cause under 5 U.S.C. 553(b)(3)(B).
48111
I. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
J. National Technology Transfer and
Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority and Low Income Populations
L. Congressional Review Act (CRA)
M. Judicial Review
II. Background
In June 2010, the EPA promulgated a
new 1-hour primary SO2 NAAQS of 75
parts per billion (ppb), which is met
when the 3-year average of the annual
99th percentile of daily maximum 1hour average concentrations does not
exceed 75 ppb, as determined in
accordance with Appendix T of Title 40
Code of Federal Regulations (40 CFR)
B. How can I get copies of this document part 50. See 40 CFR 50.17(a)–(b). On
and other related information?
June 30, 2016, the EPA signed the final
action designating 61 areas as part of the
The EPA has established a docket for
second round of area designations for
this action under Docket ID No. EPA–
the 2010 SO2 NAAQS (published at 81
R06–OAR–2020–0363. Publicly
available docket materials are available
FR 45039, July 12, 2016).1 On November
electronically through https://
29, 2016, the EPA supplemented its
www.regulations.gov. Out of an
Round 2 designations by signing a
abundance of caution for members of
supplemental final action that included
the public and our staff, the EPA Region nonattainment designations for the 2010
6 office will be closed to the public to
1-hour primary SO2 NAAQS for
reduce the risk of transmitting COVID–
portions of Rusk and Panola Counties,
19. Please call or email the contact
portions of Freestone and Anderson
listed above if you need alternative
Counties, and a portion of Titus County
access to material indexed but not
(‘‘Round 2 Supplement’’) (81 FR 89870,
provided in the docket.
December 13, 2016). These latter area
designations had an effective date of
C. How is the preamble organized?
January 12, 2017.
Table of Contents
Areas designated as nonattainment for
the SO2 NAAQS are subject to the
I. General Information
general nonattainment area planning
A. Notice and Comment Under the
requirements of CAA section 172 and to
Administrative Procedure Act (APA)
the SO2-specific planning requirements
B. How can I get copies of this document
of subpart 5 of part D of Title I of the
and other related information?
C. How is the preamble organized?
CAA (sections 191 and 192). All
II. Background
components of the SO2 part D
III. Consequences of Findings of Failure To
nonattainment area SIP, including the
Submit
emissions inventory, attainment
IV. Findings of Failure To Submit for State
demonstration, reasonably available
That Failed to Make a Nonattainment
control measures (RACM) including
Area SIP Submittal
reasonably available control technology
V. Environmental Justice Considerations
(RACT), enforceable emission
VI. Statutory and Executive Order Reviews
limitations and control measures,
A. Executive Order 12866: Regulatory
Planning and Executive Order 13563:
reasonable further progress (RFP) plan,
Improving Regulation and Regulatory
nonattainment new source review
Review
(NNSR), and contingency measures, are
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act of 1995
(UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
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1 The EPA completed its first round of initial area
designations for the 2010 1-hour primary SO2
NAAQS on August 5, 2013, with an effective date
of October 4, 2013. Under a court order issued on
March 2, 2015, the EPA is required to complete
designations in three additional rounds of
designations. The EPA must complete the final,
Round 4 designations for the remaining
undesignated areas of the country by no later than
December 31, 2020. The findings in this document
apply only to those areas that were designated as
part of Round 2 on December 13, 2016, and where,
as of signature of this action, Texas failed to submit
required complete plans.
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48112
Federal Register / Vol. 85, No. 154 / Monday, August 10, 2020 / Rules and Regulations
due to the EPA within 18 months of the
effective date of designation of an area
under CAA section 191. Thus, the
nonattainment area SIPs for the Texas
areas designated effective January 12,
2017, were due on July 13, 2018. These
SIPs were required to demonstrate that
their respective areas will attain the
NAAQS as expeditiously as practicable,
but no later than 5 years from the
effective date of designation, or by
January 12, 2022.
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III. Consequences of Findings of Failure
To Submit
If the EPA finds that a state has failed
to make the required SIP submittal or
that a submitted SIP is incomplete, then
CAA section 179(a) establishes specific
consequences, including the imposition
of mandatory sanctions for the affected
area, after a period of time, if within that
period the state does not submit a
complete SIP for the nonattainment
area. Additionally, such a finding also
triggers an obligation under CAA
section 110(c) for the EPA to promulgate
a FIP no later than 2 years after the
finding of failure to submit if the
affected state has not submitted, and
EPA has not approved, the required SIP
submittal.
If the EPA has not affirmatively
determined that a state has made the
required complete SIP submittal for an
area within 18 months of the effective
date of this rulemaking, then, pursuant
to CAA section 179(a) and (b) and 40
CFR 52.31, the offset sanction identified
in CAA section 179(b)(2) will apply in
the affected nonattainment area. If the
EPA has not affirmatively determined
that the state has made a complete
submission within 6 months after the
offset sanction is imposed, then the
highway funding sanction will apply in
the affected nonattainment area, in
accordance with CAA section 179(b)(1)
and 40 CFR 52.31. The sanctions will
not take effect if, within 18 months after
the date of these findings, the EPA
affirmatively determines that the
affected state has made a complete SIP
submittal addressing the deficiency for
which the finding was made.
Additionally, if the state makes the
required SIP submittal and the EPA
takes final action to approve the
submittal within 2 years of the effective
date of these findings, the EPA is not
required to promulgate a FIP for the
affected nonattainment area.
IV. Findings of Failure To Submit for
State That Failed To Make a
Nonattainment Area SIP Submittal
As of the date of signature of this
action, Texas failed to make complete
SIP submittals required under part D of
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Title 1 of the CAA by July 13, 2018, for
the three areas designated
nonattainment effective January 12,
2017. The EPA is, therefore, issuing
Texas a finding of failure to submit for
the following three nonattainment areas:
Portions of Anderson-Freestone
Counties, Texas; portions of RuskPanola Counties Texas; and a portion of
Titus County, Texas.
VI. Statutory and Executive Order
Reviews
A. Executive Orders 12866: Regulatory
Planning and Executive Order 13563:
Improving Regulation and Regulatory
Review
This action is not a significant
regulatory action and was, therefore, not
submitted to the Office of Management
and Budget (OMB) for review.
TABLE 1—2010 1-HOUR PRIMARY
B. Executive Order 13771: Reducing
NAAQS
NONATTAINMENT Regulations and Controlling Regulatory
SO2
AREAS AFFECTED BY THESE FIND- Costs
INGS OF FAILURE TO SUBMIT
This action is not an Executive Order
State
Nonattainment area
Texas ...
Anderson-Freestone Counties(p),*
Rusk-Panola Counties (p), and
Titus County (p).
* (p) indicates partial county.
C. Paperwork Reduction Act (PRA)
V. Environmental Justice
Considerations
The EPA believes that the human
health or environmental risks addressed
by this action will not have
disproportionately high or adverse
human health or environmental effects
on minority, low-income, or indigenous
populations because it does not affect
the level of protection provided to
human health or the environment under
the SO2 NAAQS. The purpose of this
rule is to make a finding that Texas
failed to submit the required SIPs to
provide for timely attainment of the 1hour primary SO2 NAAQS, which will
result in certain CAA-required
deadlines for actions to provide for such
attainment. In finding that Texas failed
to submit a complete SIP that satisfies
the nonattainment area plan
requirements under section 172 and
subpart 5 of part D of Title I of the CAA
(sections 191 and 192) for the 1-hour
primary SO2 NAAQS, this action does
not adversely affect the level of
protection provided for human health or
the environment. Rather, it is intended
that the actions and deadlines resulting
from this notice will in fact lead to
greater protection for United States
citizens, including minority, lowincome, or indigenous populations, by
ensuring that states meet their statutory
obligation to develop and submit SIPs to
ensure that areas make progress toward
attaining the 1-hour primary SO2
NAAQS.
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13771 regulatory action because it finds
that Texas failed to meet the
requirement in the CAA to submit SIPs
under section 172 and subpart 5 of part
D of Title I of the CAA (sections 191 and
192) for the SO2 NAAQS.
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act. This final rule does not establish
any new information collection
requirement apart from what is already
required by law. This rule relates to the
requirement in the CAA for states to
submit SIPs under section 172 and
subpart 5 of part D of Title I of the CAA
(sections 191 and 192) which address
the statutory requirements that apply to
areas designated as nonattainment for
the SO2 NAAQS.
D. Regulatory Flexibility Act (RFA)
I certify that this rule will not have a
significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. The rule is a finding that Texas
has not made the necessary SIP
submission for certain nonattainment
areas to meet the requirements of part D
of title I of the CAA.
E. Unfunded Mandates Reform Act of
1995 (UMRA)
This action does not contain any
unfunded mandate as described in
UMRA 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on Texas, on the
relationship between the national
government and Texas, or on the
distribution of power and
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Federal Register / Vol. 85, No. 154 / Monday, August 10, 2020 / Rules and Regulations
responsibilities among the various
levels of government.
affect the level of protection provided to
human health or the environment.
DEPARTMENT OF HOMELAND
SECURITY
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. This rule finds that Texas
has failed to complete the requirement
in the CAA to submit SIPs under section
172 and subpart 5 of part D of Title I of
the CAA (sections 191 and 192) for the
SO2 NAAQS. No tribe is subject to the
requirement to submit an
implementation plan under section 172
or under subpart 5 of part D of Title I
of the CAA. Thus, Executive Order
13175 does not apply to this action.
L. Congressional Review Act (CRA)
Federal Emergency Management
Agency
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern health or
safety risks that the EPA has reason to
believe may disproportionately affect
children, per the definition of ‘‘covered
regulatory action’’ in section 2–202 of
the Executive Order. This action is not
subject to Executive Order 13045
because it is a finding that Texas has
failed to submit a complete SIP that
satisfies the nonattainment area plan
requirements under section 172 and
subpart 5 of part D of Title I of the CAA
and does not directly or
disproportionately affect children.
I. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
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48113
15:58 Aug 07, 2020
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M. Judicial Review
This final action consists of a Finding
of Failure to Submit certain required SIP
provisions for the three identified areas
in Texas designated nonattainment for
the 2010 SO2 NAAQS. In accordance
with the CAA Section 307(b)(1),
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the 5th Circuit
within 60 days from the date this final
action is published in the Federal
Register. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule 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,
Administrative practice and procedures,
Air pollution control, Approval and
promulgation of implementation plans,
Incorporation by reference,
Intergovernmental relations, and
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority and Low-Income
Populations
The EPA believes the human health or
environmental risk addressed by this
action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income, or indigenous
populations. In finding that Texas has
failed to submit a complete SIP that
satisfies the nonattainment area
planning requirements under section
172 and subpart 5 of part D of Title I of
the CAA, this action does not adversely
VerDate Sep<11>2014
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
Dated: July 28, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
PO 00000
[Docket ID FEMA–2020–0018]
RIN 1660–AB01
Prioritization and Allocation of Certain
Scarce and Critical Health and Medical
Resources for Domestic Use
Federal Emergency
Management Agency, DHS.
ACTION: Temporary final rule; extension
of effective date with modifications.
AGENCY:
In April, the Federal
Emergency Management Agency
(FEMA) issued a temporary final rule to
allocate certain health and medical
resources for domestic use, so that these
resources may not be exported from the
United States without explicit approval
by FEMA. The rule covered five types
of personal protective equipment (PPE),
outlined below. While this rule remains
in effect, and subject to certain
exemptions stated below, no shipments
of such designated materials may leave
the United States without explicit
approval by FEMA. Through this
extension, FEMA modifies the types of
PPE covered and extends the duration of
the temporary final rule.
DATES: Effective date: This rule is
effective from August 10, 2020 until
December 31, 2020.
ADDRESSES: You may review the docket
by searching for Docket ID FEMA–2020–
0018, via the Federal eRulemaking
Portal: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Daniel McMasters, Office of Policy and
Program Analysis, 202–709–0661,
FEMA-DPA@fema.dhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
[FR Doc. 2020–16672 Filed 8–5–20; 4:15 pm]
BILLING CODE 6560–50–P
44 CFR Part 328
On April 10, 2020, FEMA published
a temporary final rule in the Federal
Register allocating certain health and
medical resources for domestic use, so
that these resources may not be
exported from the United States without
explicit approval by FEMA.1 The rule
aids the response of the United States to
the spread of Coronavirus Disease 2019
(COVID–19) by ensuring that certain
health and medical resources are
appropriately allocated for domestic
use. On April 21, 2020, FEMA
1 85 FR 20195 (Apr. 10, 2020). See also 85 FR
22622 (Apr. 23, 2020) (correcting the date filed from
‘‘4–8–20’’ to’’ 4–7–20’’).
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Agencies
[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Rules and Regulations]
[Pages 48111-48113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16672]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2020-0363; FRL-10012-84-Region 6]
Findings of Failure To Submit State Implementation Plans Required
for Attainment of the 2010 1-Hour Primary Sulfur Dioxide (SO2) National
Ambient Air Quality Standard (NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to find that Texas has failed to submit State Implementation
Plans (SIPs) to satisfy certain nonattainment area planning
requirements of the Clean Air Act (CAA) for the 2010 1-hour primary
Sulfur Dioxide (SO2) National Ambient Air Quality Standard
(NAAQS). The purpose for the development and implementation of a
nonattainment area SIP is to provide for attainment of the NAAQS as
expeditiously as practicable following the designation of an area as
nonattainment. This action establishes certain CAA deadlines for the
EPA to impose sanctions if Texas does not submit a complete SIP for
each nonattainment area addressing the outstanding requirements and for
the EPA to promulgate a Federal Implementation Plan (FIP) to address
any outstanding SIP requirements.
DATES: This action is effective on September 9, 2020.
FOR FURTHER INFORMATION CONTACT: General questions concerning this
document should be addressed to Robert Imhoff, EPA Region 6, Air and
Radiation Division, by telephone (214) 665-7262 or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Notice and Comment Under the Administrative Procedure Act (APA)
Section 553 of the APA, Title 5 United States Code (U.S.C.) Section
553(b)(3)(B), provides that, when an agency for good cause finds that
notice and public procedures are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. The EPA has determined
that there is good cause for making this final agency action without
prior proposal and opportunity for comment because no significant EPA
judgment is involved in making findings of failure to submit SIPs, or
elements of SIPs, required by the CAA, where states have made no
submission to meet the requirement. Thus, notice and public procedures
are unnecessary to take this action. The EPA finds that this
constitutes good cause under 5 U.S.C. 553(b)(3)(B).
B. How can I get copies of this document and other related information?
The EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2020-0363. Publicly available docket materials are
available electronically through https://www.regulations.gov. Out of an
abundance of caution for members of the public and our staff, the EPA
Region 6 office will be closed to the public to reduce the risk of
transmitting COVID-19. Please call or email the contact listed above if
you need alternative access to material indexed but not provided in the
docket.
C. How is the preamble organized?
Table of Contents
I. General Information
A. Notice and Comment Under the Administrative Procedure Act
(APA)
B. How can I get copies of this document and other related
information?
C. How is the preamble organized?
II. Background
III. Consequences of Findings of Failure To Submit
IV. Findings of Failure To Submit for State That Failed to Make a
Nonattainment Area SIP Submittal
V. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Executive
Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act of 1995 (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority and Low Income Populations
L. Congressional Review Act (CRA)
M. Judicial Review
II. Background
In June 2010, the EPA promulgated a new 1-hour primary
SO2 NAAQS of 75 parts per billion (ppb), which is met when
the 3-year average of the annual 99th percentile of daily maximum 1-
hour average concentrations does not exceed 75 ppb, as determined in
accordance with Appendix T of Title 40 Code of Federal Regulations (40
CFR) part 50. See 40 CFR 50.17(a)-(b). On June 30, 2016, the EPA signed
the final action designating 61 areas as part of the second round of
area designations for the 2010 SO2 NAAQS (published at 81 FR
45039, July 12, 2016).\1\ On November 29, 2016, the EPA supplemented
its Round 2 designations by signing a supplemental final action that
included nonattainment designations for the 2010 1-hour primary
SO2 NAAQS for portions of Rusk and Panola Counties, portions
of Freestone and Anderson Counties, and a portion of Titus County
(``Round 2 Supplement'') (81 FR 89870, December 13, 2016). These latter
area designations had an effective date of January 12, 2017.
---------------------------------------------------------------------------
\1\ The EPA completed its first round of initial area
designations for the 2010 1-hour primary SO2 NAAQS on
August 5, 2013, with an effective date of October 4, 2013. Under a
court order issued on March 2, 2015, the EPA is required to complete
designations in three additional rounds of designations. The EPA
must complete the final, Round 4 designations for the remaining
undesignated areas of the country by no later than December 31,
2020. The findings in this document apply only to those areas that
were designated as part of Round 2 on December 13, 2016, and where,
as of signature of this action, Texas failed to submit required
complete plans.
---------------------------------------------------------------------------
Areas designated as nonattainment for the SO2 NAAQS are
subject to the general nonattainment area planning requirements of CAA
section 172 and to the SO2-specific planning requirements of
subpart 5 of part D of Title I of the CAA (sections 191 and 192). All
components of the SO2 part D nonattainment area SIP,
including the emissions inventory, attainment demonstration, reasonably
available control measures (RACM) including reasonably available
control technology (RACT), enforceable emission limitations and control
measures, reasonable further progress (RFP) plan, nonattainment new
source review (NNSR), and contingency measures, are
[[Page 48112]]
due to the EPA within 18 months of the effective date of designation of
an area under CAA section 191. Thus, the nonattainment area SIPs for
the Texas areas designated effective January 12, 2017, were due on July
13, 2018. These SIPs were required to demonstrate that their respective
areas will attain the NAAQS as expeditiously as practicable, but no
later than 5 years from the effective date of designation, or by
January 12, 2022.
III. Consequences of Findings of Failure To Submit
If the EPA finds that a state has failed to make the required SIP
submittal or that a submitted SIP is incomplete, then CAA section
179(a) establishes specific consequences, including the imposition of
mandatory sanctions for the affected area, after a period of time, if
within that period the state does not submit a complete SIP for the
nonattainment area. Additionally, such a finding also triggers an
obligation under CAA section 110(c) for the EPA to promulgate a FIP no
later than 2 years after the finding of failure to submit if the
affected state has not submitted, and EPA has not approved, the
required SIP submittal.
If the EPA has not affirmatively determined that a state has made
the required complete SIP submittal for an area within 18 months of the
effective date of this rulemaking, then, pursuant to CAA section 179(a)
and (b) and 40 CFR 52.31, the offset sanction identified in CAA section
179(b)(2) will apply in the affected nonattainment area. If the EPA has
not affirmatively determined that the state has made a complete
submission within 6 months after the offset sanction is imposed, then
the highway funding sanction will apply in the affected nonattainment
area, in accordance with CAA section 179(b)(1) and 40 CFR 52.31. The
sanctions will not take effect if, within 18 months after the date of
these findings, the EPA affirmatively determines that the affected
state has made a complete SIP submittal addressing the deficiency for
which the finding was made. Additionally, if the state makes the
required SIP submittal and the EPA takes final action to approve the
submittal within 2 years of the effective date of these findings, the
EPA is not required to promulgate a FIP for the affected nonattainment
area.
IV. Findings of Failure To Submit for State That Failed To Make a
Nonattainment Area SIP Submittal
As of the date of signature of this action, Texas failed to make
complete SIP submittals required under part D of Title 1 of the CAA by
July 13, 2018, for the three areas designated nonattainment effective
January 12, 2017. The EPA is, therefore, issuing Texas a finding of
failure to submit for the following three nonattainment areas: Portions
of Anderson-Freestone Counties, Texas; portions of Rusk-Panola Counties
Texas; and a portion of Titus County, Texas.
Table 1--2010 1-Hour Primary SO2 NAAQS Nonattainment Areas Affected by
These Findings of Failure To Submit
------------------------------------------------------------------------
State Nonattainment area
------------------------------------------------------------------------
Texas.................................. Anderson-Freestone
Counties(p),* Rusk-Panola
Counties (p), and Titus County
(p).
------------------------------------------------------------------------
* (p) indicates partial county.
V. Environmental Justice Considerations
The EPA believes that the human health or environmental risks
addressed by this action will not have disproportionately high or
adverse human health or environmental effects on minority, low-income,
or indigenous populations because it does not affect the level of
protection provided to human health or the environment under the
SO2 NAAQS. The purpose of this rule is to make a finding
that Texas failed to submit the required SIPs to provide for timely
attainment of the 1-hour primary SO2 NAAQS, which will
result in certain CAA-required deadlines for actions to provide for
such attainment. In finding that Texas failed to submit a complete SIP
that satisfies the nonattainment area plan requirements under section
172 and subpart 5 of part D of Title I of the CAA (sections 191 and
192) for the 1-hour primary SO2 NAAQS, this action does not
adversely affect the level of protection provided for human health or
the environment. Rather, it is intended that the actions and deadlines
resulting from this notice will in fact lead to greater protection for
United States citizens, including minority, low-income, or indigenous
populations, by ensuring that states meet their statutory obligation to
develop and submit SIPs to ensure that areas make progress toward
attaining the 1-hour primary SO2 NAAQS.
VI. Statutory and Executive Order Reviews
A. Executive Orders 12866: Regulatory Planning and Executive Order
13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because it finds that Texas failed to meet the requirement in the CAA
to submit SIPs under section 172 and subpart 5 of part D of Title I of
the CAA (sections 191 and 192) for the SO2 NAAQS.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act. This final rule does not
establish any new information collection requirement apart from what is
already required by law. This rule relates to the requirement in the
CAA for states to submit SIPs under section 172 and subpart 5 of part D
of Title I of the CAA (sections 191 and 192) which address the
statutory requirements that apply to areas designated as nonattainment
for the SO2 NAAQS.
D. Regulatory Flexibility Act (RFA)
I certify that this rule will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. The rule is
a finding that Texas has not made the necessary SIP submission for
certain nonattainment areas to meet the requirements of part D of title
I of the CAA.
E. Unfunded Mandates Reform Act of 1995 (UMRA)
This action does not contain any unfunded mandate as described in
UMRA 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on Texas, on the relationship between the
national government and Texas, or on the distribution of power and
[[Page 48113]]
responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This rule finds that Texas has failed to
complete the requirement in the CAA to submit SIPs under section 172
and subpart 5 of part D of Title I of the CAA (sections 191 and 192)
for the SO2 NAAQS. No tribe is subject to the requirement to
submit an implementation plan under section 172 or under subpart 5 of
part D of Title I of the CAA. Thus, Executive Order 13175 does not
apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks that the EPA has
reason to believe may disproportionately affect children, per the
definition of ``covered regulatory action'' in section 2-202 of the
Executive Order. This action is not subject to Executive Order 13045
because it is a finding that Texas has failed to submit a complete SIP
that satisfies the nonattainment area plan requirements under section
172 and subpart 5 of part D of Title I of the CAA and does not directly
or disproportionately affect children.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority and Low-Income Populations
The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. In finding that Texas has failed to submit a
complete SIP that satisfies the nonattainment area planning
requirements under section 172 and subpart 5 of part D of Title I of
the CAA, this action does not adversely affect the level of protection
provided to human health or the environment.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
M. Judicial Review
This final action consists of a Finding of Failure to Submit
certain required SIP provisions for the three identified areas in Texas
designated nonattainment for the 2010 SO2 NAAQS. In
accordance with the CAA Section 307(b)(1), petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the 5th Circuit within 60 days from the date this final
action is published in the Federal Register. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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, Administrative practice and procedures,
Air pollution control, Approval and promulgation of implementation
plans, Incorporation by reference, Intergovernmental relations, and
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 28, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020-16672 Filed 8-5-20; 4:15 pm]
BILLING CODE 6560-50-P