Air Plan Approval; Texas; Clean Air Act Requirements for Nonattainment New Source Review, 59697-59699 [2022-21247]
Download as PDF
<![CDATA[
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Rules and Regulations
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2020–0343; FRL–10200–
01–R6]
Air Plan Approval; Texas; Clean Air
Act Requirements for Nonattainment
New Source Review
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving portions of the State
Implementation Plan (SIP) revisions
submitted to the EPA by the State of
Texas (‘‘the State’’) for the 2008 8-hour
ozone National Ambient Air Quality
Standard (NAAQS). The SIP revisions
being approved describe how CAA
requirements for Nonattainment New
Source Review (NNSR) are met in the
Dallas-Fort Worth (DFW) and HoustonGalveston-Brazoria (HGB) serious ozone
nonattainment areas.
DATES: This rule is effective on
November 2, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
EPA–R06–OAR–2020–0343. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Paige, EPA Region 6 Office,
Infrastructure and Ozone Section, 214–
665–6521, paige.carrie@epa.gov. Out of
an abundance of caution for members of
the public and our staff, the EPA Region
6 office may be closed to the public to
reduce the risk of transmitting COVID–
19. Please call or email the contact
listed above if you need alternative
access to material indexed but not
provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
17:54 Sep 30, 2022
Comment: Commenters assert that the
proposed rule relies on the provisions of
the Texas Administrative Code which
require new or modified major sources
of ozone precursors in ozone
nonattainment areas to procure
emission offsets for their emission
increases through the state’s Emission
Credit Banking and Trading program.
According to the Commenters, these
provisions authorize inter-precursor
trading (IPT) of NOx and VOC emissions
which was vacated by the United States
Court of Appeals for the District of
Columbia Circuit on January 29, 2021.
The commenters also argued that EPA’s
approval of an inter-precursor trade is
presumed unless the EPA disapproves
the trade during its comment period,
according to TCEQ guidance
memorandum.
Response: The commenter correctly
points out that the D.C. Circuit (the
court) vacated the portion of the EPA’s
NNSR regulation at 40 CFR 51.165 that
allows IPT to meet the offset
requirements for ozone. Following the
court’s decision, the EPA notified the
TCEQ in a letter dated June 17, 2021,
that the EPA would no longer approve
any IPT trades under the previously
approved Texas SIP rules based on the
court decision. In a response to the EPA
dated June 25, 2021, the TCEQ
confirmed that its NNSR IPT provisions
cannot function without the EPA’s prior
approval of each trade, and that the
TCEQ has not approved any IPT request
in the past without prior approval from
the EPA.2
The TCEQ also confirmed that
without the IPT provisions, its
regulations continue to meet the NNSR
program requirements at 40 CFR 51.165.
EPA agrees that, without the IPT
provisions, the Texas SIP regulations
meet the CAA’s NNSR requirements.
The EPA-approved Texas SIP already
includes 30 TAC Section 116.12
(Nonattainment and Prevention of
Significant Deterioration Review
Definitions) and 30 TAC Section
116.150 (New Major Source or Major
Modification in Ozone Nonattainment
Area). Based on EPA’s review of Texas
SIP regulations for the NNSR program
requirements for serious ozone
nonattainment areas, we are approving
this portion of the SIP revision.
The EPA does not agree with the
commenters that the EPA’s approval of
an IPT can be presumed under the
Texas SIP unless the EPA disapproved
the trade during the comment period.
Texas has not submitted, and the EPA
has not approved the State’s guidance
document, described by the
commenters, as part of the Texas SIP.
Nothing in the previously approved
Texas regulations establishes a
presumption of the EPA’s approval of an
IPT if the EPA does not communicate its
disapproval during a relevant public
notice and comment period.
In addition, the EPA’s commitment
that it will not approve IPT for ozone
because of the court’s decision is
sufficient to render the Texas IPT
provisions inoperative for ozone. Texas
has confirmed that IPT is not permitted
under its regulation without prior EPA
approval of a trade. Finally, we would
work with Texas to get the inoperative
IPT provisions removed in future SIP
revisions.
As stated in our proposal, NNSR
permitting program requirements
1 Henceforth, we refer to Earthjustice and ALFA
as ‘‘commenters.’’
2 The text of each letter is available in the docket
to this action.
I. Background
*
[FR Doc. 2022–21355 Filed 9–30–22; 8:45 am]
Jkt 259001
59697
The background for this action is
discussed in detail in our March 1,
2021, proposal (86 FR 11913). In that
document we proposed to approve
portions of two revisions to the Texas
SIP submitted to the EPA on May 13,
2020, that describe how CAA
requirements for enhanced vehicle
inspection and maintenance (I/M) and
NNSR are met in the DFW and HGB
serious ozone nonattainment areas for
the 2008 ozone NAAQS.
Our March 2021 proposal provided a
detailed description of the revisions and
the rationale for the EPA’s proposed
actions, together with a discussion of
the opportunity to comment. The public
comment period for our March 2021
proposal action closed on March 31,
2021. We received comments during the
public comment period from two
sources: Earthjustice, on behalf of
Achieving Community Tasks
Successfully, Coalition of Community
Organizations, Downwinders at Risk,
Sierra Club, Texas Environmental
Justice Advocacy Services, and itself,
together with Caring for Pasadena
Communities; and Air Law for All
(ALFA), on behalf of the Center for
Biological Diversity and the Center for
Environmental Health.1 The comments
received are available for review in the
docket for this rulemaking. The EPA is
not finalizing the proposed approval of
revisions that address the CAA
requirements for vehicle I/M at this
time. Those revisions will be addressed
in a separate rulemaking. Our responses
to the comments addressing NNSR
follow.
II. Response to Comments
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
E:\FR\FM\03OCR1.SGM
03OCR1
59698
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Rules and Regulations
specific to serious ozone nonattainment
areas are reflected in CAA section 182
and further defined in 40 CFR part 51,
subpart I (Review of New Sources and
Modifications). The EPA and states may
rely on previously approved SIP
provisions to meet these NNSR
requirements. One way that a state may
do so is by providing a SIP revision
certifying that the existing SIP
requirements are sufficient to meet the
requirements of the new classification,
as Texas has done here. EPA has
reviewed this submission and agrees
that the existing provisions referenced
in the Texas certification are sufficient
to meet the NNSR requirements in 40
CFR 51.165.
These comments did not result in
changes to the EPA’s proposed
approval.
lotter on DSK11XQN23PROD with RULES1
III. Final Action
We are approving portions of the State
Implementation Plan (SIP) revisions
submitted to the EPA by the State of
Texas for the 2008 8-hour ozone
NAAQS. Specifically, we are approving
the portion of the SIP revision that
describes how CAA requirements for
NNSR are met in the DFW and HGB
serious ozone nonattainment areas.
IV. Environmental Justice
Considerations
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs federal agencies to
identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’ 3 For this final action, the EPA
conducted screening analyses using the
EJScreen (Version 2.0) tool. We
conducted the analyses for the purpose
3 https://www.epa.gov//environmentaljustice/
learn-about-environmental-justice.
VerDate Sep<11>2014
17:54 Sep 30, 2022
Jkt 259001
of providing information to the public,
not as a basis of our final action. The
EJScreen analysis reports are available
in the public docket for this action. The
EPA found, based on the EJScreen
analyses, that this final action will not
have disproportionately high or adverse
human health or environmental effects
on communities with EJ concerns, as the
changes to NNSR will result in an
assurance that the applicable Texas
NNSR requirements for the various
ozone nonattainment classifications
meet the CAA requirements.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, 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 CAA; and
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The 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 2,
2022. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Volatile organic
compounds.
Dated: September 26, 2022.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the
preamble, the Environmental Protection
E:\FR\FM\03OCR1.SGM
03OCR1
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
Agency amends 40 CFR part 52 as
follows:
end of the table for ‘‘Nonattainment
New Source Review for the 2008 Ozone
NAAQS’’ to read as follows:
Subpart SS—Texas
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
2. In § 52.2270, paragraph (e), the
second table titled ‘‘EPA Approved
Nonregulatory Provisions and QuasiRegulatory Measures in the Texas SIP’’
is amended by adding an entry at the
■
1. The authority citation for part 52
continues to read as follows:
■
59699
§ 52.2270
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Applicable geographic or
nonattainment area
Name of SIP provision
*
Nonattainment New Source
Review for the 2008
Ozone NAAQS.
*
*
Dallas-Fort Worth and
Houston-GalvestonBrazoria nonattainment
areas.
BILLING CODE 6560–50–P
40 CFR Part 271
[EPA–R01–RCRA–2022–0421; FRL–10012–
02–R1]
Maine: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Maine has applied to the
Environmental Protection Agency (EPA)
for final authorization of revisions to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA), as amended. The EPA has
reviewed Maine’s application and has
determined that these revisions satisfy
all requirements needed to qualify for
final authorization. Therefore, we are
taking direct final action to authorize
the State’s changes. In the ‘‘Proposed
Rules’’ section of this issue of the
Federal Register, the EPA is also
publishing a separate document that
serves as the proposal to authorize these
revisions. Unless the EPA receives
written comments that oppose this
authorization during the comment
period, the decision to authorize
Maine’s revisions to its hazardous waste
program will take effect.
DATES: This final authorization will
become effective on December 2, 2022,
unless the EPA receives adverse written
comments by November 2, 2022. If the
EPA receives any such comment, the
EPA will publish a timely withdrawal of
lotter on DSK11XQN23PROD with RULES1
17:54 Sep 30, 2022
Jkt 259001
Comments
*
May 13, 2020 ....................
*
*
October 3, 2022 [Insert
Federal Register citation].
*
For the Serious classification.
Submit your comments,
identified by Docket ID No. EPA–R01–
RCRA–2022–0421, at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
VerDate Sep<11>2014
EPA approval date
this direct final rule in the Federal
Register and inform the public that this
authorization will not take effect.
[FR Doc. 2022–21247 Filed 9–30–22; 8:45 am]
SUMMARY:
State submittal/effective
date
FOR FURTHER INFORMATION CONTACT:
Sharon Leitch, RCRA Waste
Management, UST and Pesticides
Section; Land, Chemicals and
Redevelopment Division; EPA Region 1,
5 Post Office Square, Suite 100 (Mail
code 07–1), Boston, MA 02109–3912;
telephone number: (617) 918–1647;
email address: leitch.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
A. Why are revisions to State programs
necessary?
States that have received final
authorization from the EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, states must change their
programs and ask the EPA to authorize
the changes. Changes to State programs
may be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, states must
change their programs because of
changes to the EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 268, 270, 273, and 279.
New Federal requirements and
prohibitions imposed by Federal
regulations that the EPA promulgates
pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA)
take effect in authorized states at the
same time that they take effect in
unauthorized states. Thus, the EPA will
implement those requirements and
prohibitions in Maine, including the
issuance of new permits implementing
those requirements, until Maine is
granted authorization to do so.
B. What decisions has the EPA made in
this rule?
On June 8, 2022, Maine submitted a
complete program revision application
seeking authorization of revisions to its
hazardous waste program. The EPA
concludes that Maine’s application to
revise its authorized program meets all
of the statutory and regulatory
requirements established by RCRA, as
set forth in RCRA Section 3006(b), 42
U.S.C. 6926(b), and 40 CFR part 271.
Therefore, the EPA grants final
E:\FR\FM\03OCR1.SGM
03OCR1
]]>Agencies
[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Rules and Regulations]
[Pages 59697-59699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21247]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2020-0343; FRL-10200-01-R6]
Air Plan Approval; Texas; Clean Air Act Requirements for
Nonattainment New Source Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving portions of the
State Implementation Plan (SIP) revisions submitted to the EPA by the
State of Texas (``the State'') for the 2008 8-hour ozone National
Ambient Air Quality Standard (NAAQS). The SIP revisions being approved
describe how CAA requirements for Nonattainment New Source Review
(NNSR) are met in the Dallas-Fort Worth (DFW) and Houston-Galveston-
Brazoria (HGB) serious ozone nonattainment areas.
DATES: This rule is effective on November 2, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID EPA-R06-OAR-2020-0343. All documents in the docket are listed
on the https://www.regulations.gov website. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet. Publicly available docket
materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, EPA Region 6 Office,
Infrastructure and Ozone Section, 214-665-6521, [email protected].
Out of an abundance of caution for members of the public and our staff,
the EPA Region 6 office may be closed to the public to reduce the risk
of transmitting COVID-19. Please call or email the contact listed above
if you need alternative access to material indexed but not provided in
the docket.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our March
1, 2021, proposal (86 FR 11913). In that document we proposed to
approve portions of two revisions to the Texas SIP submitted to the EPA
on May 13, 2020, that describe how CAA requirements for enhanced
vehicle inspection and maintenance (I/M) and NNSR are met in the DFW
and HGB serious ozone nonattainment areas for the 2008 ozone NAAQS.
Our March 2021 proposal provided a detailed description of the
revisions and the rationale for the EPA's proposed actions, together
with a discussion of the opportunity to comment. The public comment
period for our March 2021 proposal action closed on March 31, 2021. We
received comments during the public comment period from two sources:
Earthjustice, on behalf of Achieving Community Tasks Successfully,
Coalition of Community Organizations, Downwinders at Risk, Sierra Club,
Texas Environmental Justice Advocacy Services, and itself, together
with Caring for Pasadena Communities; and Air Law for All (ALFA), on
behalf of the Center for Biological Diversity and the Center for
Environmental Health.\1\ The comments received are available for review
in the docket for this rulemaking. The EPA is not finalizing the
proposed approval of revisions that address the CAA requirements for
vehicle I/M at this time. Those revisions will be addressed in a
separate rulemaking. Our responses to the comments addressing NNSR
follow.
---------------------------------------------------------------------------
\1\ Henceforth, we refer to Earthjustice and ALFA as
``commenters.''
---------------------------------------------------------------------------
II. Response to Comments
Comment: Commenters assert that the proposed rule relies on the
provisions of the Texas Administrative Code which require new or
modified major sources of ozone precursors in ozone nonattainment areas
to procure emission offsets for their emission increases through the
state's Emission Credit Banking and Trading program. According to the
Commenters, these provisions authorize inter-precursor trading (IPT) of
NOx and VOC emissions which was vacated by the United States Court of
Appeals for the District of Columbia Circuit on January 29, 2021. The
commenters also argued that EPA's approval of an inter-precursor trade
is presumed unless the EPA disapproves the trade during its comment
period, according to TCEQ guidance memorandum.
Response: The commenter correctly points out that the D.C. Circuit
(the court) vacated the portion of the EPA's NNSR regulation at 40 CFR
51.165 that allows IPT to meet the offset requirements for ozone.
Following the court's decision, the EPA notified the TCEQ in a letter
dated June 17, 2021, that the EPA would no longer approve any IPT
trades under the previously approved Texas SIP rules based on the court
decision. In a response to the EPA dated June 25, 2021, the TCEQ
confirmed that its NNSR IPT provisions cannot function without the
EPA's prior approval of each trade, and that the TCEQ has not approved
any IPT request in the past without prior approval from the EPA.\2\
---------------------------------------------------------------------------
\2\ The text of each letter is available in the docket to this
action.
---------------------------------------------------------------------------
The TCEQ also confirmed that without the IPT provisions, its
regulations continue to meet the NNSR program requirements at 40 CFR
51.165. EPA agrees that, without the IPT provisions, the Texas SIP
regulations meet the CAA's NNSR requirements. The EPA-approved Texas
SIP already includes 30 TAC Section 116.12 (Nonattainment and
Prevention of Significant Deterioration Review Definitions) and 30 TAC
Section 116.150 (New Major Source or Major Modification in Ozone
Nonattainment Area). Based on EPA's review of Texas SIP regulations for
the NNSR program requirements for serious ozone nonattainment areas, we
are approving this portion of the SIP revision.
The EPA does not agree with the commenters that the EPA's approval
of an IPT can be presumed under the Texas SIP unless the EPA
disapproved the trade during the comment period. Texas has not
submitted, and the EPA has not approved the State's guidance document,
described by the commenters, as part of the Texas SIP. Nothing in the
previously approved Texas regulations establishes a presumption of the
EPA's approval of an IPT if the EPA does not communicate its
disapproval during a relevant public notice and comment period.
In addition, the EPA's commitment that it will not approve IPT for
ozone because of the court's decision is sufficient to render the Texas
IPT provisions inoperative for ozone. Texas has confirmed that IPT is
not permitted under its regulation without prior EPA approval of a
trade. Finally, we would work with Texas to get the inoperative IPT
provisions removed in future SIP revisions.
As stated in our proposal, NNSR permitting program requirements
[[Page 59698]]
specific to serious ozone nonattainment areas are reflected in CAA
section 182 and further defined in 40 CFR part 51, subpart I (Review of
New Sources and Modifications). The EPA and states may rely on
previously approved SIP provisions to meet these NNSR requirements. One
way that a state may do so is by providing a SIP revision certifying
that the existing SIP requirements are sufficient to meet the
requirements of the new classification, as Texas has done here. EPA has
reviewed this submission and agrees that the existing provisions
referenced in the Texas certification are sufficient to meet the NNSR
requirements in 40 CFR 51.165.
These comments did not result in changes to the EPA's proposed
approval.
III. Final Action
We are approving portions of the State Implementation Plan (SIP)
revisions submitted to the EPA by the State of Texas for the 2008 8-
hour ozone NAAQS. Specifically, we are approving the portion of the SIP
revision that describes how CAA requirements for NNSR are met in the
DFW and HGB serious ozone nonattainment areas.
IV. Environmental Justice Considerations
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.'' \3\ For this final
action, the EPA conducted screening analyses using the EJScreen
(Version 2.0) tool. We conducted the analyses for the purpose of
providing information to the public, not as a basis of our final
action. The EJScreen analysis reports are available in the public
docket for this action. The EPA found, based on the EJScreen analyses,
that this final action will not have disproportionately high or adverse
human health or environmental effects on communities with EJ concerns,
as the changes to NNSR will result in an assurance that the applicable
Texas NNSR requirements for the various ozone nonattainment
classifications meet the CAA requirements.
---------------------------------------------------------------------------
\3\ https://www.epa.gov//environmentaljustice/learn-about-environmental-justice.
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, 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 CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The 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 2, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.
Dated: September 26, 2022.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection
[[Page 59699]]
Agency amends 40 CFR part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. In Sec. 52.2270, paragraph (e), the second table titled ``EPA
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the
Texas SIP'' is amended by adding an entry at the end of the table for
``Nonattainment New Source Review for the 2008 Ozone NAAQS'' to read as
follows:
Sec. 52.2270 Identification of plan.
* * * * *
(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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Nonattainment New Source Review Dallas-Fort Worth May 13, 2020...... October 3, 2022 For the Serious
for the 2008 Ozone NAAQS. and Houston- [Insert Federal classification.
Galveston- Register
Brazoria citation].
nonattainment
areas.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2022-21247 Filed 9-30-22; 8:45 am]
BILLING CODE 6560-50-P
