Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules 13679 

Element 2015 ozone 

NAAQS 

(D)4—II Prong 4: Interstate transport—protect visibility ...................................................................................................................... A 

(D)5—Interstate and international pollution abatement ....................................................................................................................... A 

(E)1—Adequate resources .................................................................................................................................................................. A 

(E)2—State board requirements .......................................................................................................................................................... A 

(F)1—Monitoring/Testing Source Emissions ....................................................................................................................................... A 

(F)2—Periodic Source Emissions Reports .......................................................................................................................................... A 

(F)3—Correlation and Public Availability of Source Emissions Reports and Data ............................................................................. A 

(G)—Emergency power ....................................................................................................................................................................... A 

(H)—Future SIP revisions .................................................................................................................................................................... A 

(I)—Nonattainment planning requirements of part D .......................................................................................................................... * 

(J)1—Consultation with government officials ...................................................................................................................................... A 

(J)2—Public notification ....................................................................................................................................................................... A 

(J)3—PSD ............................................................................................................................................................................................ A 

(J)4—Visibility protection ..................................................................................................................................................................... * 

(K)—Air quality modeling/data ............................................................................................................................................................. A 

(L)—Permitting fees ............................................................................................................................................................................. A 

(M)—Consultation and participation by affected local entities ............................................................................................................ A 

In the above table, the key is as 

follows: 

A ............ Approve. 

NA .......... No Action/Separate Rulemaking. 

* ............. Not germane to infrastructure 

SIPs. 

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 

CAA 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 CAA. 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); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because it is not a significant 

regulatory action under Executive Order 

12866; 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 4, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2021–02743 Filed 3–9–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2020–0165; FRL–10018– 

30–Region 6] 

Air Approval Plans; Texas; Reasonably 

Available Control Technology in the 

Houston-Galveston-Brazoria Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is proposing to approve the May 13, 

2020 revisions to the Texas State 

Implementation Plan (SIP) concerning 

Reasonably Available Control 

Technology (RACT) requirement for the 

Houston-Galveston-Brazoria (HGB), 

2008 8-hour ozone National Air Quality 

Ambient Air Quality Standards 

(NAAQS) nonattainment area (NA). The 

HGB area, designated as serious for 2008 

8-hour ozone NAAQS, consists of 

Brazoria, Chambers, Fort Bend, 

Galveston, Harris, Liberty, Montgomery 

and Waller counties. The RACT 

requirements apply to sources of 

Volatile Organic Compounds (VOC) and 

Oxides of Nitrogen (NOX) in this area. 

We are also proposing to approve 

negative declarations for certain VOC 

source categories subject to RACT in the 

HGB area. 

13680 Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules 

1See 77 FR 30160 ‘‘Implementation of the 2008 

National Ambient Air Quality Standards for Ozone: 

Nonattainment Area Classifications Approach, 

Attainment Deadlines and Revocation of the 1997 

Ozone Standards for Transportation Conformity 

Purposes.’’ 

2See 77 FR 30088, ‘‘Air Quality Designations for 

the 2008 Ozone National Ambient Air Quality 

Standards.’’ 

3The air quality design value for the 8-hour 

ozone NAAQS is the three-year average of the 

annual fourth highest daily maximum 8-hour 

average ozone concentration. See 40 CFR part 50, 

appendix I. 

4Subsequently the attainment deadlines were 

revised under the marginal classification. 80 FR 

12264, March 6, 2015; 81 FR 26697, May 4, 2016). 

5See Appendix F, Reasonably Available control 

Technology Analysis, of the state’s SIP submittal, 

available at https://www.tceq.texas.gov/assets/ 

public/implementation/air/sip/hgb/hgb_serious_

AD_2019/HGB_AD_SIP_19077SIP_AppendixF_

adoption.pdf. Last accessed November 16, 2020. 

DATES: Written comments must be 

received on or before April 9, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2020–0165, at https://

www.regulations.gov or via email to 

Todd.Robert@epa.gov. Follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

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, please 

contact Robert M. Todd, (214) 665– 

2156, Todd.Robert@epa.gov. For 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. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov. While all 

documents in the docket are listed in 

the index, some information may not be 

publicly available due to docket file size 

restrictions or content (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: 

Robert M. Todd, 214–665–2156, 

Todd.Robert@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. We encourage the public to submit 

comments via https://

www.regulations.gov, as there may be a 

delay in processing mail and courier or 

hand deliveries may not be accepted. 

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 wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

VOC and NOX help produce groundlevel ozone, or smog, which harms 

human health and the environment. 

Sections 182(b)(2) and (f) require that 

SIPs for ozone nonattainment areas 

classified as moderate or above include 

implementation of RACT for any source 

covered by a Control Techniques 

Guidelines (CTG) document and also for 

any major source of VOC or NOX not 

covered by a CTG. It is worth noting that 

for some CTG categories, RACT is 

applicable to minor or area sources. The 

EPA has defined RACT as the lowest 

emissions limitation that a particular 

source is capable of meeting by the 

application of control technology that is 

reasonably available, considering 

technological and economic feasibility. 

See September 17, 1979 (44 FR 53761). 

For a Moderate, Serious, or Severe 

area a major stationary source is one 

that emits, or has the potential to emit, 

100, 50, or 25 tons per year (tpy) or 

more of VOCs or NOX, respectively. See 

CAA sections 182(b), 182(c), and 182(d). 

The EPA provides states with guidance 

concerning what types of controls could 

constitute RACT for a given source 

category through the issuance of CTG 

and Alternative Control Techniques 

(ACT) documents. See https://

www.epa.gov/ground-level-ozonepollution/control-techniques-guidelinesand-alternative-control-techniques (URL 

dating November 12, 2020) for a listing 

of EPA-issued CTGs and ACTs. 

On March 27, 2008, the EPA revised 

the primary and secondary Ozone (O3) 

standard to a level of 75 parts per billion 

(ppb). On October 26, 2015, (80 FR 

65292) EPA adopted another revision to 

the Ozone standard, but the 2008 

standard remains in place. This notice 

concerns the VOC RACT requirements 

under the 2008 standard. 

Promulgation of a NAAQS triggers a 

requirement for the EPA to designate 

areas as nonattainment, attainment, or 

unclassifiable, and to classify the NAs at 

the time of designation. On May 21, 

2012, the EPA established initial area 

designations for most areas of the 

country with respect to the 2008 

primary and secondary eight-hour O3

NAAQS. The EPA published two rules 

addressing final implementation 1 and 

air quality designations.2 The 

implementation rule established 

classifications, associated attainment 

deadlines, and revoked the 1997 O3

standards for transportation conformity 

purposes. The designation rule finalized 

the NAA boundaries for areas that did 

not meet the 75 ppb standard. 

Furthermore, the finalized 

nonattainment areas were classified 

according to the severity of their O3 air 

quality problems as determined by each 

area’s design value.3 The O3

classification categories were defined as 

Marginal, Moderate, Serious, Severe, or 

Extreme. 

Originally the HGB area was classified 

as ‘‘marginal’’ (77 FR 30088 and 77 FR 

30160, May 21, 2012).4 However, the 

HGB area did not meet the revised 

attainment deadline of July 20, 2016 and 

was reclassified to moderate. Based on 

the moderate classification of the HGB 

area for the 2008 ozone standard, under 

section 182(b) of the CAA, a major 

stationary source in the area is one that 

emits, or has the potential to emit, 100 

tpy or more of VOCs or NOX. However, 

on August 23, 2019 (84 FR 44238), we 

found the HGB area did not meet the 

attainment date for the moderate 

classification under the 2008 O3

NAAQS and designated the area to be a 

‘‘serious’’ nonattainment area with an 

attainment date of July 20, 2021. Under 

the ‘‘serious’’ designation the major 

source threshold is 50 tpy or more of 

VOC or NOX. In our action reclassifying 

HGB to serious, we set a deadline of 

August 3, 2021 for TCEQ to provide a 

demonstration that RACT was in place 

as necessary to meet the serious area 

requirements. 

On May 13, 2020 Texas submitted its 

SIP demonstration that serious level 

RACT for sources of VOC and NOX

emissions in the HGB area is met for the 

2008 NAAQS. Texas, in its SIP 

analyses 5 to identify major stationary 

sources of NOX and VOC reviewed the 

TCEQ 2017 point source emissions 

inventory, New Source Review and 

Clean Air Act Title V databases to locate 

potential sources. All sources in the 

Title V database that were listed as a 

major source for NOX or VOC emissions 

are included in the RACT analysis. 

TCEQ noted that they reviewed sources 

that reported actual emissions as low as 

25 tpy of NOX or VOC to account for the 

difference between actual and potential 

emissions. TCEQ also noted that sites 

Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules 13681 

6See EPA–R06–OAR–2005–TX–0018, EPA–R06– 

OAR–2012–0100 and EPA–R06–OAR–2017–0055, 

available through the Regulations.gov website at: 

https://www.regulations.gov/. 

7See March 6, 2015 (80 FR 12279), final action 

and rationale and 80 FR 12280, first column, 

comments and responses. 

8At the time of the submittal to EPA Region 6, 

TCEQ noted the existence of the O&G CTG, stating 

EPA had proposed to withdraw it on March 9, 2018 

(83 FR 10478). 

9See ‘‘Implementing Reasonably Available 

Control Technology Requirements for Sources 

Covered by the 2016 Control Techniques Guidelines 

for the Oil and Natural Gas Industry’’ Memorandum 

from Anna Marie Wood, October 20, 2016. https:// 

www.epa.gov/sites/production/files/2016-10/ 

documents/implementing_reasonably_available_

control_technology_requirements_for_sources_

covered_by_the_2016_control_techniques_

guidelines_for_the_oil_and_natural_gas_

industry.pdf. 

10See Docket ID No. EPA–HQ–OAR–2020–0485 

available at www.regulations.gov. 

from the emissions inventory database 

with emissions equal to or greater than 

a threshold of 25 tpy or more of NOX or 

VOC definition that were not identified 

in the Title V database and could not be 

verified as minor sources by other 

means are also included in the RACT 

analysis. 

II. Evaluation 

Reliance on Prior RACT Determination 

for HGB Area 

In TCEQ’s May 13, 2020 submittal, 

Table F–1 titled ‘‘State Rules 

Addressing VOC RACT Requirements in 

CTG Reference Documents’’ lists VOC 

CTG source categories, their reference 

documents, and corresponding state 

rules addressing VOC RACT 

requirements. Table F–2 titled ‘‘State 

Rules Addressing VOC RACT 

Requirements in ACT Reference 

Documents,’’ in TCEQ’s May 13, 2020 

SIP, lists state rules addressing VOC 

RACT for ACT source categories. The 

implementation rule of March 6, 2015 

(80 FR 12264), explains that States 

should refer to existing CTG and ACT 

documents as well as all relevant 

technical information including recent 

technical information received during 

the public comment period to determine 

if RACT is being applied. States may 

conclude, in some cases, that sources 

already addressed by RACT 

determinations to meet the 1-hour and/ 

or the 1997 8-hour ozone NAAQS do 

not need to implement additional 

controls to meet the 2008 ozone NAAQS 

RACT requirement (80 FR 12279, March 

6, 2015). The EPA has approved the 30 

TAC Chapter 115 VOC rules as RACT 

for the HGB area under the 1-hour and 

1997 8-hour ozone NAAQS (71 FR, 

52670, September 6, 2006; 78 FR 19599, 

April 2, 2013; 79 FR 21144, April 15, 

2014; 79 FR 45105, August 4, 2014; and 

80 FR 16291, March 27, 2015) and later 

the 2008 Moderate NAAQS area 

designation (84 FR 18145, April 30, 

2019). The EPA determined that VOC 

RACT is in place for all CTG and nonCTG major sources in the HGB area for 

the 1-hour, 1997 8-hour ozone NAAQS 

and 2008 moderate area NAAQS (71 FR 

52676, September 6, 2006; 79 FR 21144, 

April 15, 2014; and 84 FR 18145, April 

30, 2019), respectively. Texas’s May 13, 

2020 submittal relies on those EPAapproved Chapter 115 rules for the 1- 

hour, 1997 8-hour and 2008 8-hour 

ozone NAAQS to fulfill RACT 

requirement for CTG and non-CTG VOC 

major sources for the 2008 8-hour 

serious ozone NAAQS.6

We are proposing to find that the 

rules we approved as meeting RACT for 

the 1-hour and 1997 8-hour ozone 

NAAQS also meet RACT for the 2008 8- 

hour ozone NAAQS. We have 

determined this is appropriate because 

the fundamental control techniques 

described in the CTG and ACT 

documents and implemented in the 

Texas Rules are still applicable. This is 

supported by the implementing rule for 

the 2008 ozone NAAQS.7 The Chapter 

115 rules provide appropriate VOC 

emissions reductions that are equivalent 

to control options cited in the CTG and 

ACT documents and any non-CTG 

major sources are appropriately 

controlled. 

The state did not include any 

revisions to implement the new CTG for 

the Oil and Natural Gas Industry (EPA– 

453/B–16–001, October 2016) in the 

HGB area.8 As explained in EPA’s 

implementing memo 9 for this CTG, 

Texas was required to adopt and submit 

revisions to the SIP by no later than two 

years after the availability of the said 

CTG. In this case, the date of the notice 

of availability was October 27, 2016 (See 

81 FR 74798). EPA issued a notice of 

failure to submit on November 16, 2020 

(85 FR 72963) 10 establishing a 24- 

month deadline for EPA to either 

approve SIPs or finalize Federal 

Implementation Plans (FIPs) that 

address the Oil and Natural Gas 

Industry CTG in the HGB area. See 

section 110(c) of the Act. The EPA is 

committed to working with Texas to 

expedite the development and 

submission of the required SIP revisions 

addressing the Oil and Natural Gas 

Industry CTG for the affected areas, and 

to review and act on their submissions 

in accordance with the requirements of 

the CAA. 

VOC RACT Analysis for Additional 

Controls or Newly Identified Sources 

The vast majority of major sources of 

VOC are in categories covered by CTGs 

but as explained previously, states must 

ensure that all major sources have 

implemented RACT even those not 

covered by CTG’s. During the last RACT 

review for the 2008 ozone NAAQS 

conducted in response to the area’s 

moderate area classification and based 

on the moderate area 100 tpy major 

source threshold, the TCEQ identified a 

Vegetable Oil Manufacturing Operations 

source emitting VOCs in a quantity 

greater than the major source definition 

and not covered by CTG category or 

previously approved RACT rule. TCEQ’s 

analysis showed that the source met a 

level of control consistent with RACT, 

i.e., the lowest achievable emission rate 

considering technical and economic 

feasibility. TCEQ did not identify any 

other major sources of VOC not covered 

by a rule previously approved as 

implementing RACT or achieving a 

level of control consistent with RACT 

considering technical and economic 

feasibility. Please see the Technical 

Support Document (TSD) prepared in 

conjunction with this action for 

additional information. 

VOC RACT Negative Declarations 

States are not required to adopt RACT 

limits for CTG source categories for 

which no sources exist in a 

nonattainment area and can submit a 

negative declaration to that effect. The 

negative declaration would need to 

assert that there are no CTG sources in 

the area, and the accompanying analysis 

would need to support that conclusion. 

Texas has reviewed its emission 

inventory and determined that its 

previous negative declarations for 

fiberglass boat manufacturing materials, 

surface coating for flat wood paneling, 

letterpress printing, automobile and 

light-duty truck assembly coating, and 

rubber tire manufacturing categories 

submitted as part of its HGB Area VOC 

RACT SIP for the 1997 8-hour ozone 

NAAQS are still applicable (79 FR 

21144, April 15, 2014). We also are 

unaware of any sources in these CTG 

source categories in the area and 

therefore we propose to approve these 

negative declarations. 

See Table F–2 titled ‘‘State Rules 

Addressing VOC RACT Requirements in 

ACT Reference Documents’’ for a listing 

of source types for which a VOC 

Alternate Control Technology document 

has been issued, the state’s 

determination of how the technologies 

in the ACT have been addressed and 

whether or not such a source is 

13682 Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules 

11See https://www.epa.gov/ground-level-ozonepollution/control-techniques-guidelines-andalternative-control-techniques. 12See EPA Docket ID NOs EPA–R06–OAR–2012– 

0100 and EPA–R06–OAR–2017–0055, available at: 

https://www.regulations.gov/. 

currently located in the HGB NA area. 

We also are not aware of any major 

sources in the ACT source categories 

which TCEQ indicates that no sources 

are located in the HGB area. 

HGB Area NOX RACT TCEQ Analysis 

Under CAA section 182(f) RACT is 

required for major sources of NOX. The 

EPA has issued ACT documents 11 that 

describe available control technologies 

for NOX emissions, but do not define 

presumptive RACT levels. In TCEQ’s 

May 13, 2020 submittal, Table F–3: 

State Rules Addressing NOX RACT 

Requirements in ACT Reference 

Documents provides the emission 

source categories, the ACT reference 

documents, and the state Chapter 117 

rules addressing the RACT requirements 

for sources in the NOX ACT documents. 

TCEQ also identified a glass 

manufacturing furnace with major NOX

emissions for which the state has not 

written a Chapter 117 rule controlling 

NOX emissions. 

In 2013, EPA determined that NOX

control measures in 30 TAC Chapter 117 

met 1997 8-hour RACT requirements for 

major sources of NOX in the HGB area 

under the 1-hour and 1997 8-hour ozone 

NAAQS (78 FR 19599, April 2, 2013). 

Our approval, under these previous 

standards, found that RACT was being 

implemented at all major sources under 

the severe area major source threshold 

of 25 tpy of NOX. We reaffirmed that 

determination at 84 FR 18145, April 30, 

2019 in response to the area’s moderate 

classification under the 2008 standard. 

Texas’s submittal relies on those EPAapproved Chapter 117 rules to fulfill 

RACT requirements for all but one NOX

source category that exist in the HGB 

area. As noted, there was a major source 

glass manufacturer identified as part of 

the analysis approved in April 2019. At 

that time, we approved the controls in 

place at the facility as RACT with 

controls consistent with the ACT for 

this source type. (See section 3.2.2 of 

Appendix F of the TCEQ May 13, 2020 

submittal for details.) 

In our implementation rule for the 

2008 ozone NAAQS, we made clear we 

believed that, in some cases, new RACT 

determinations would ‘‘result in the 

same or similar control technology as 

the RACT determinations made for the 

1-hour or 1997 standards.’’ This is 

because the fundamental control 

techniques, as described in the CTG and 

ACT documents, are still applicable. 

Following this line of reasoning, Texas 

determined the existing Chapter 117 

NOX reduction regulations provide 

appropriate NOX emissions reductions 

that meet RACT emission reduction 

requirements and adequately 

incorporate ACT document controls 

where appropriate. We are proposing to 

find that the existing Chapter 117 rules 

meet the RACT requirement in the HGB 

area for the 2008 8-hour ozone NAAQS. 

As stated above, Texas noted their 

review of NOX sources in the HGB area 

identified only one major source that 

was not covered by a rule previously 

approved as RACT which was a facility 

falling under the Glass Manufacturing 

ACT category.12 The source has existing 

controls consistent with RACT. Texas 

did not locate any major sources subject 

to the NOX Emission from Cement 

Manufacturing ACT. For all the other 

NOX ACT sources, the state has 

established Chapter 117 regulations we 

have previously approved as RACT for 

the 1997 8-hour ozone NAAQS, 

reaffirmed as RACT in a review 

conducted for the 2008 ozone moderate 

NA designation, and, as discussed 

above, we are proposing to find them as 

meeting RACT for the 2008 ozone 

serious NA designation. 

CAA 110(l) Analysis 

CAA section 110(l) requires that a SIP 

revision submitted to EPA be adopted 

after reasonable notice and public 

hearing. Section 110(l) also requires that 

we not approve a SIP revision if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement of the CAA. 

As a part of its submittal the TCEQ 

provided copies of the Public Notice of 

proposed serious attainment 

demonstration plans in the Texas 

Register and local newspapers. The 

TCEQ also held a public hearing on the 

revisions to the SIP on October 14, 2019 

in Houston, Texas. 

There are no rule changes in control 

requirements in this RACT submittal. 

The evaluation of the submittal reveals 

that previously EPA-approved RACT 

levels of control for the HGB area 

continue to be in effect, and there is no 

relaxation of those control measures for 

the affected sources in the proposed 

RACT in the HGB area. Therefore, we do 

not expect the existing NOX and VOC 

RACT controls measures to interfere 

with attainment and reasonable further 

progress of ozone pollution control 

requirements, or any other applicable 

requirement of the Act. Furthermore, 

records demonstrate that Texas adopted 

an attainment demonstration plan that 

includes this RACT analyses after 

reasonable notice, a public hearing, and 

an opportunity for public comment. 

Thus, the CAA Section 110(l) 

requirements are met. We propose that 

RACT is in place for affected sources of 

NOX and VOC emissions and that the 

existing controls requirements continue 

to represent RACT for the HGB area 

with the exception of those sources 

subject to the Oil and Gas CTG. 

III. Proposed Action 

We are proposing to approve the May 

13, 2020 revisions to the Texas SIP 

concerning the HGB 2008 8-hour ozone 

NAAQS nonattainment area as meeting 

the VOC and NOX RACT requirements 

for an area designated as serious with 

the exception of the requirement to 

implement RACT for sources covered by 

the Oil and Gas CTG. The proposed 

approval is, in part, based on previous 

VOC and NOX RACT determinations 

made for this area under the 1-hour and 

the 1997 8-hour ozone NAAQS. We are 

also proposing to approve negative 

declarations made for fiberglass boat 

manufacturing materials, manufacturing 

of pneumatic rubber tires, flat wood 

paneling coatings, letterpress printing; 

and automobile and light-duty truck 

assembly coatings sectors in the HGB 

area under the 2008 8-hour ozone 

NAAQS designated as serious. 

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 

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 CAA. Accordingly, this action 

merely proposes to approve 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.); 

Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules 13683 

• 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 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 proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 5, 2021. 

David Gray, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2021–02762 Filed 3–9–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

45 CFR Parts 160 and 164 

RIN 0945–AA00 

Modifications to the HIPAA Privacy 

Rule to Support, and Remove Barriers 

to, Coordinated Care and Individual 

Engagement 

AGENCY: Office for Civil Rights (OCR), 

Office of the Secretary, HHS. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: The Department of Health and 

Human Services (the Department) is 

extending the comment period for the 

proposed rule entitled ‘‘Proposed 

Rulemaking (NPRM) to modify the 

Standards for the Privacy of 

Individually Identifiable Health 

Information (Privacy Rule) under the 

Health Insurance Portability and 

Accountability Act of 1996 (HIPAA) and 

the Health Information Technology for 

Economic and Clinical Health Act of 

2009 (HITECH Act),’’ published in the 

Federal Register on January 21, 2021. 

The comment period for the proposed 

rule, which would end March 22, 2021, 

is extended to May 6, 2021. 

DATES: The comment period for this 

proposed rule published January 21, 

2021, at 86 FR 6446, is extended to 5 

p.m., eastern daylight time, on May 6, 

2021. 

ADDRESSES: You may submit comments 

as outlined in the proposed rule at 86 

FR 6446 and repeated below. Please 

choose only one method listed. 

You may submit comments to this 

proposed rule, identified by RIN 0945– 

AA00 by any of the following methods: 

• Federal eRulemaking Portal. You 

may submit electronic comments at 

http://www.regulations.gov by searching 

for the Docket ID number HHS–OCR– 

0945–AA00. Follow the instructions 

http://www.regulations.gov online for 

submitting comments through this 

method. 

• Regular, Express, or Overnight Mail: 

You may mail comments to U.S. 

Department of Health and Human 

Services, Office for Civil Rights, 

Attention: Proposed Modifications to 

the HIPAA Privacy Rule to Support, and 

Remove Barriers to, Coordinated Care 

and Individual Engagement NPRM, RIN 

0945–AA00, Hubert H. Humphrey 

Building, Room 509F, 200 

Independence Avenue SW, Washington, 

DC 20201. 

All comments received by the 

methods and due date specified above 

will be posted without change to 

content to http://www.regulations.gov, 

including any personal information 

provided about the commenter, and 

such posting may occur before or after 

the closing of the comment period. 

The Department will consider all 

comments received by the date and time 

specified in the DATES section above, 

but, because of the large number of 

public comments normally received on 

Federal Register documents, the 

Department is not able to provide 

individual acknowledgments of receipt. 

Please allow sufficient time for mailed 

comments to be timely received in the 

event of delivery or security delays. 

Electronic comments with attachments 

should be in Microsoft Word or Portable 

Document Format (PDF). 

Please note that comments submitted 

by fax or email and those submitted 

after the comment period will not be 

accepted. 

Docket: For complete access to 

background documents or posted 

comments, go to http://

www.regulations.gov and search for 

Docket ID number HHS–OCR–0945– 

AA00. 

FOR FURTHER INFORMATION CONTACT: 

Marissa Gordon-Nguyen at (800) 368– 

1019 or (800) 537–7697 (TDD). 

SUPPLEMENTARY INFORMATION: The 

Department proposed a ‘‘Rulemaking 

(NPRM) to modify the Standards for the 

Privacy of Individually Identifiable 

Health Information (Privacy Rule) under 

the Health Insurance Portability and 

Accountability Act of 1996 (HIPAA) and 

the Health Information Technology for 

Economic and Clinical Health Act of 

2009 (HITECH Act),’’ to solicit public 

comments on proposed modifications to 

the HIPAA Privacy Rule to support 

individuals’ engagement in their health 

care, remove barriers to coordinated 

care, and decrease regulatory burdens 

on the health care industry while 

continuing to protect individuals’ health 

information privacy interests. The 

Office of the Federal Register (OFR) 

posted the HIPAA NPRM on the Federal 

Register website for public inspection 

on January 19, 2021. OFR published the 

HIPAA NPRM in the Federal Register 

for public comment on January 21, 

2021. 

On January 20, 2021, the White House 

published a memorandum ‘‘Regulatory 

Freeze Pending Review’’ at https://

www.whitehouse.gov/briefing-room/ 

presidential-actions/2021/01/20/ 

regulatory-freeze-pending-review/ (the 

Regulatory Freeze Memorandum). The 

Regulatory Freeze Memorandum directs 

the heads of Executive Departments and 

Agencies to refrain from issuing new