Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules 9041 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 4, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2021–02746 Filed 2–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2020–0166; FRL–10017– 

19–Region 6] 

Air Plan Approval; Texas; Clean Air 

Act Requirements for Nonattainment 

New Source Review and Emission 

Statements for the 2015 Ozone 

National Ambient Air Quality 

Standards 

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 portions of 

a State Implementation Plan (SIP) 

revision submitted by the State of Texas 

that describes how CAA requirements 

for Nonattainment New Source Review 

(NNSR) and emission statements are 

met in the Dallas-Fort Worth (DFW), 

Houston-Galveston-Brazoria (HGB), and 

Bexar County ozone nonattainment 

areas for the 2015 ozone National 

Ambient Air Quality Standards 

(NAAQS). 

DATES: Written comments must be 

received on or before March 15, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2020–0166, at https://

www.regulations.gov or via email to 

young.carl@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 Carl Young, 214–665–6645, 

young.carl@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:// 

www.epa.gov/dockets/commenting-epadockets. 

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: Carl 

Young, EPA Region 6 Office, 

Infrastructure and Ozone Section, 214– 

665–6645, young.carl@epa.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. We encourage the public to submit 

comments via https://

www.regulations.gov, as there will be a 

delay in processing mail and no courier 

or hand deliveries will 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 

Ground-level ozone is a gas that is 

formed by the reaction of Volatile 

Organic Compounds (VOC) and Oxides 

of Nitrogen (NOX) in the atmosphere in 

the presence of sunlight. These 

precursors (VOC and NOX) are emitted 

by many types of pollution sources, 

including point sources such as power 

plants and industrial emissions sources; 

on-road and off-road mobile sources 

(motor vehicles and engines); and 

smaller residential and commercial 

sources, such as dry cleaners, auto body 

shops, and household paints, 

collectively referred to as area sources. 

Ozone is predominately a summertime 

air pollutant (83 FR 25777, June 4, 

2018). 

On October 1, 2015, we revised the 

ozone NAAQS to a level of 0.070 parts 

per million (ppm) (annual fourthhighest daily maximum 8-hour average 

concentration, averaged over 3 years). 

See 80 FR 65296, October 26, 2015; and 

40 CFR 50, appendix U for more 

information on the revised 2015 ozone 

NAAQS, including a detailed 

explanation of the calculation of the 3- 

year 8-hour average. The revised 2015 

ozone NAAQS provide greater 

protection of public health and the 

environment than the previous ozone 

NAAQS of 0.075 ppm, set in 2008. 

Although the 2015 ozone NAAQS retain 

the same general form and averaging 

time as the NAAQS set in 2008, the 

lower level is more protective. 

The DFW and HGB areas were 

classified as Marginal ozone 

nonattainment areas for the 2015 ozone 

NAAQS with an attainment deadline of 

August 3, 2021 (83 FR 25776, June 4, 

2018). Bexar County (which includes 

the City of San Antonio) was also 

classified as a Marginal ozone 

nonattainment area with an attainment 

deadline of September 24, 2021 (83 FR 

35136, July 25, 2018). The DFW area 

consists of Collin, Dallas, Denton, Ellis, 

Johnson, Kaufman, Parker, Tarrant, and 

Wise Counties. The HGB area consists of 

Brazoria, Chambers, Fort Bend, 

Galveston, Harris, and Montgomery 

Counties. 

On June 24, 2020, Texas submitted a 

SIP revision for the DFW, HGB and 

Bexar County areas. The SIP revision 

included a description of how 

provisions previously approved by EPA 

meet the 2015 ozone NAAQS Marginal 

area CAA requirements for (1) NNSR 


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9042 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules 

and (2) Emission Statements from 

stationary point sources. A copy of the 

SIP revision is available online at 

www.regulations.gov, Docket number 

EPA–R06–OAR–2020–0166. In the SIP 

revision submittal, Texas determined 

that the NNSR SIP requirements of CAA 

section 182(a)(2)(C) are met for the 2015 

NAAQS as the 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). Texas also determined that 30 

TAC Section 101.10 (Emissions 

Inventory Requirements) of the Texas 

SIP, which requires that stationary 

sources report NOX and VOC emissions, 

continues to address the emissions 

statements requirement of CAA section 

182(a)(3)(B) for the 2015 ozone NAAQS. 

II. The EPA’s Evaluation 

A. CAA Requirements for NNSR 

A NNSR permitting program for ozone 

nonattainment areas is required by the 

CAA section 182(a)(2)(C). The NNSR 

requirements are further defined in 40 

CFR 51 Subpart I (Review of New 

Sources and Modifications). NNSR 

permits for ozone authorize 

construction of new major sources or 

major modifications of existing sources 

of NOX or VOC in an area that is 

designated nonattainment for the ozone 

NAAQS. Emissions thresholds and 

pollutant offset requirements under the 

NNSR program are based on the 

nonattainment area’s classification. 

Under these requirements new major 

sources or major modifications at 

existing sources in an ozone 

nonattainment area must comply with 

the lowest achievable emission rate and 

obtain sufficient emission offsets for 

emissions of NOX or VOC. For Marginal 

ozone nonattainment areas, major 

sources are any stationary source or 

group of sources located within a 

contiguous area and under common 

control that emits, or has the potential 

to emit, at least 100 tons per year of 

NOX or VOC (CAA sections 182(c) and 

182(f)). The NNSR offset ratio for 

Marginal ozone nonattainment areas 

must be at least 1.1 to 1 (CAA section 

182(a)(4)). As noted by the State, the 

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). For the Bexar County area these 

provisions require new major sources or 

major modifications at existing sources, 

that emit or has the potential to emit, at 

least 100 tons per year of NOX or VOC, 

to comply with the lowest achievable 

emission rate (LAER) and obtain 

emission offsets at the Marginal 

classification ratio of 1.1 to 1. 

More stringent NNSR requirements 

apply to the counties in the DFW and 

HGB areas as they are also classified as 

Serious nonattainment for the 2008 

ozone standard of 0.075 ppm (40 CFR 

81.344). For the DFW and HGB areas, 

these provisions require new major 

sources or major modifications at 

existing sources, that emit or has the 

potential to emit, at least 50 tons per 

year of NOX or VOC, to comply with the 

LAER and obtain emission offsets at the 

Serious classification ratio of 1.2 to 1. In 

1995, we approved Texas’ NNSR 

program for ozone, which includes 

Marginal and Serious classification 

requirements under CAA section 182 

(60 FR 49781, September 27, 1995). 

Most recently, we approved revisions to 

the Texas SIP to address NNSR 

requirements in 2012 (77 FR 65119, 

October 25, 2012) and 2014 (79 FR 

66626, November 10, 2014). Therefore, 

since the Texas SIP includes approved 

provisions addressing the CAA NNSR 

requirements for ozone nonattainment 

areas classified as Marginal, we are 

proposing to approve this portion of the 

SIP revision. 

B. CAA Requirements for Emissions 

Statements 

CAA section 182(a)(3)(B) calls for SIPs 

for all ozone nonattainment areas to 

require that the owner or operator of 

each stationary source of NOX or VOC 

provide the State with an annual 

statement of emissions along with a 

certification that the information is 

accurate to the best knowledge of the 

individual certifying the statement. As 

noted by the State, the Texas SIP 

includes 30 TAC Section 101.10 

(Emissions Inventory Requirements). 

The certification for emission 

statements is found at 30 TAC Section 

101.10(d) (Certifying statement). We 

initially approved this certification as 

meeting the CAA emission statement 

requirement in 1994 (59 FR 44036, 

August 26, 1994). Most recently we 

approved revisions to 30 TAC Section 

101.10 in 2017 (82 FR 26598, June 8, 

2017). The most recently EPA-approved 

Texas regulation continues to include 

appropriate provisions so that the owner 

or operator of each stationary source 

must provide the State with a statement 

with each emissions inventory attesting 

that the information contained in the 

inventory is true and accurate to the 

best knowledge of the certifying official 

(30 TAC Section 101.10(d)(1)). 

Therefore, since the Texas SIP includes 

approved provisions addressing the 

CAA emission statement requirement, 

we are proposing to approve this 

portion of the SIP revision. 

III. Proposed Action 

We are proposing to approve portions 

of a SIP revision submitted by the State 

of Texas on June 24, 2020, that describes 

how CAA requirements for NNSR and 

emission statements are met in the 

DFW, HGB, and Bexar County ozone 

nonattainment areas for the 2015 ozone 

NAAQS. 

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.); 

• 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 


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Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules 9043 

• 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 record keeping 

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. 2021–02759 Filed 2–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R01–OAR–2020–0593; FRL–10017– 

80–Region 1] 

Approval and Promulgation of State 

Plans (Negative Declarations) for 

Designated Facilities and Pollutants: 

Maine and Rhode Island 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

negative declarations in lieu of state 

plans to satisfy the requirements in the 

Emission Guidelines and Compliance 

Times for Municipal Solid Waste 

Landfills for the State of Maine and the 

State of Rhode Island. The negative 

declarations certify that there are no 

existing facilities in the States that must 

comply with this rule. 

DATES: Written comments must be 

received on or before March 15, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2020–0593 at https://

www.regulations.gov, or via email to 

kilpatrick.jessica@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, 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 the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Kilpatrick, Air Permits, Toxics, & 

Indoor Programs Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 1, 5 Post 

Office Square, Mail Code: 05–2, Boston, 

MA, 02109–0287. Telephone: 617–918– 

1652. Fax: 617–918–0652 Email: 

kilpatrick.jessica@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Rules and Regulations section of this 

Federal Register, the EPA is approving 

the State of Maine and the State of 

Rhode Island’s negative declarations 

submitted in accordance with 40 CFR 

60.23a(b) and 62.06, to satisfy the 

requirements in the Emission 

Guidelines and Compliance Times for 

Municipal Solid Waste Landfills (MSW 

Landfills Emission Guidelines) as a 

direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. See 

MSW Landfills Emission Guidelines, 81 

FR 59276 (August 29, 2016), as 

amended by 84 FR 32520 (July 8, 2019) 

(revising Emission Guidelines 

Implementing Regulations) and 84 FR 

44547 (Aug. 26, 2019) (adopting 

Requirements in Emission Guidelines 

for MSW Landfills). A detailed rationale 

for the approval is set forth in the direct 

final rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If the 

EPA receives adverse comments, the 

direct final rule will be withdrawn, and 

all public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. Please note that if the EPA 

receives adverse comment on an 

amendment, paragraph, or section of the 

rule and if that provision may be 

severed from the remainder of the rule, 

the EPA may adopt as final those 

provisions of the rule that are not the 

subject of an adverse comment. 

For additional information, see the 

direct final rule which is located in the 

Rules and Regulations section in this 

issue of the Federal Register. 

Dated: February 3, 2021. 

Deborah Szaro, 

Acting Regional Administrator, EPA Region 

1. 

[FR Doc. 2021–02544 Filed 2–10–21; 8:45 am] 

BILLING CODE 6560–50–P 


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