Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64675 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 20, 2010. Filing a 

petition for reconsideration by the 

Administrator of this final rule 

pertaining to Delaware’s amendment to 

Section 2.0—Consumer Products of 

Delaware’s Regulation No. 1141 

(formerly SIP Regulation No. 41), 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: September 17, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(c) is amended by revising Regulation 

1141, Section 2.0 to read as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP 

State regulation 

(7 DNREC 1100) Title/subject State effective date EPA approval date Additional explanation 

*******

1141 Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products 

*******

Section 2.0 ........ Specific Emission Control Requirements.4/11/09 10/20/10 [Insert page number 

where the document begins].

Adds the sale, distribution, and 

manufacturing of 23 categories 

of consumer products and product types. 

* * * * * * * 

* * * * * 

[FR Doc. 2010–25314 Filed 10–19–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R06–OAR–2008–0932; FRL–9214–9] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Texas; Beaumont/Port 

Arthur Ozone Nonattainment Area: 

Redesignation to Attainment for the 

1997 8-Hour Ozone Standard and 

Determination of Attainment for the 

1-Hour Ozone Standard; Clarification 

of EPA’s Approval of the El Paso 

Section 110(a)(1) Maintenance Plan for 

the 1997 8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a request from the State of 

Texas to redesignate the Beaumont/Port 

Arthur (BPA) Texas ozone 

nonattainment area to attainment of the 

1997 8-hour ozone National Ambient 

Air Quality Standard (NAAQS). EPA is 

making a final determination that the 

BPA nonattainment area has attained 

the 1997 8-hour ozone NAAQS, based 

on complete, quality-assured, and 

certified ambient air quality monitoring 

data for 2006–2008. Preliminary data 

available for 2009 and 2010 show that 

the area continues to attain the 1997 8- 

hour ozone NAAQS. 

In finalizing its approval of the 

redesignation request, EPA also 

approves, as a revision to the BPA State 

Implementation Plan (SIP), a 1997 

8-hour ozone maintenance plan that 

includes a 2021 Motor Vehicle 

Emissions Budget (MVEB). EPA is also 

approving the BPA area’s 2002 base year 

emissions inventory as part of the BPA 

SIP. EPA also is approving as part of the 

BPA SIP, the Texas Clean-Fuel Vehicle 

(CFV) Program Equivalency 

Demonstration. EPA finds that with 

final approval of these revisions, the 

area has a fully approved SIP that meets 

all of the 1997 8-hour ozone 

requirements and 1-hour ozone antibacksliding requirements under section 

110 and Part D of the Federal Clean Air 

Act (CAA or Act) that are applicable for 

purposes of redesignation. EPA is also 

approving a determination that the BPA 

area is meeting the 1-hour ozone 

standard based upon three years of 

complete, quality-assured, and certified 

ambient air quality monitoring data for 

2006–2008. Preliminary data available 

for 2009 and 2010 show that the area 

continues to attain the standard. 

Additionally, EPA is taking final 

action to approve the post-1996 Rate of 

Progress (ROP) plan’s contingency 

measures, the substitute control 

measures for the failure-to-attain 

contingency measures, and the removal 

from the Texas SIP of a 1-hour ozone 

failure-to-attain contingency measure, a 

volatile organic compound (VOC) SIP 

rule for marine vessel loading, as 

meeting the requirements of section 

110(l) and part D of the Act. 

EPA also is providing clarification of 

an earlier separate EPA rulemaking 

action approving the Section 110(a)(1) 

Maintenance Plan for the 1997 8-hour 

ozone standard for the El Paso 1997 8- 

hour attainment area. 

DATES: Effective Date: This rule will be 

effective November 19, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R06–OAR– 

2008–0932. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 


emcdonald on DSK2BSOYB1PROD with RULES
64676 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 

not publicly available, i.e., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section, Air Planning 

Branch, Multimedia Planning and 

Permitting Division, U.S. Environmental 

Protection Agency, Region 6, 1445 Ross 

Avenue, Suite 1200, Dallas, Texas 

75202–2733. EPA requests that if at all 

possible, you contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:30 to 4:30, excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ellen Belk, Air Planning Section (6PD– 

L), Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–2164; fax number 214–665– 

7263; e-mail address 

belk.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for this rule? 

II. What comments did we receive on the 

proposed rule? 

III. What actions is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this rule? 

The background for today’s actions is 

discussed in detail in EPA’s May 17, 

2010, proposal to approve Texas’ 

redesignation request (75 FR 27514). In 

that proposed action, we noted that, 

under EPA regulations at 40 CFR part 

50, the 1997 8-hour ozone standard is 

attained when the three-year average of 

the annual fourth-highest daily 

maximum 8-hour average ozone 

concentrations is less than or equal to 

0.08 parts per million (ppm) (see 69 FR 

23858, April 30, 2004, for more 

information). Under the CAA, EPA may 

redesignate a nonattainment area to 

attainment if sufficient complete, 

quality-assured data are available to 

determine that the area has attained the 

standard and if it meets the other CAA 

redesignation requirements in section 

107(d)(3)(E). 

The TCEQ, on December 16, 2008, 

submitted a complete request to 

redesignate the BPA area to attainment 

for the 1997 8-hour ozone standard. The 

redesignation request included three 

years of complete, quality-assured data 

for the period of 2005 through 2007, 

indicating the 8-hour NAAQS for ozone, 

as promulgated in 1997, had been 

attained for the BPA area. Complete, 

quality-assured monitoring data for 

2006–2008 also show that the area 

continues to attain the 1997 8-hour 

ozone standard. Preliminary data 

available for the 2009 and 2010 ozone 

seasons indicate that the area continues 

to be in attainment. 

The request also included a 

maintenance plan with associated 

MVEBs, the 2002 base year emission 

inventory, and the sole outstanding 1- 

hour ozone anti-backsliding 

requirement for the BPA area, the Texas 

CFV Program Equivalency 

Demonstration. The submitted MVEB 

for nitrogen oxides (NOX) and VOC for 

the BPA area is defined in the table 

below: 

BEAUMONT/PORT ARTHUR NOX AND

VOC MVEB 

[Summer season tons per day] 

Pollutant 2021 

NOX .......................................... * 7.24 

VOC .......................................... 4.77 

* Includes an allocation of 1 tpd from the 

available NOX safety margin. 

The submittal met the adequacy 

criteria in 40 CFR 93.118(e)(4), and on 

April 1, 2010 (75 FR 16456), EPA 

published a Federal Register notice 

deeming the 2021 MVEB for Beaumont/ 

Port Arthur, Texas adequate for 

transportation conformity purposes. 

Apart from the redesignation request, 

the TCEQ also submitted and EPA 

proposed to approve the 1-hour ozone 

Post-1996 ROP Plan’s contingency 

measures, backfill failure-to-attain 

contingency measures, and removal 

from the Texas SIP under section 110(l) 

of a VOC marine vessel loading 

contingency measure. 

The May 17, 2010 proposed rule and 

Technical Support Document provide a 

detailed discussion of how Texas met 

the redesignation requirements and 

other CAA requirements. 

II. What comments did we receive on 

the proposed rule? 

EPA provided a 30-day review and 

comment period, which closed on June 

16, 2010. EPA received 25 comment 

letters in response to the proposed 

rulemaking, each of which expressed 

support for approving the request from 

the State of Texas to redesignate the 

BPA ozone nonattainment area to 

attainment for the 1997 8-hour ozone 

standard. The comment letters are 

available for review in the docket for 

this rulemaking. EPA received letters 

expressing support for the BPA 

redesignation approval from the 

following: Texas Commission on 

Environmental Quality, Austin; 

Executive Director, Southeast Texas 

Regional Planning Commission 

(SETRPC), Beaumont; Director, 

Transportation and Environmental 

Resources, SETRPC, Beaumont; Mayor, 

City of Beaumont; President, Greater 

Beaumont Chamber of Commerce; 

Executive Port Director, Port of 

Beaumont; Mayor, City of Bridge City; 

Mayor, City of Port Neches; Mayor, City 

of West Orange; Director of Public 

Works, City of West Orange; Mayor, City 

of Lumberton; Mayor, City of 

Nederland; County Judge, Orange 

County; Jefferson County 

Commissioners Court; County Judge, 

Hardin County; Texas State 

Representative, District 21, Texas House 

of Representatives; President, Caliber 

Solutions, Beaumont; Entergy Texas 

Inc., Beaumont; Goodyear Tire & Rubber 

Company, Beaumont; Oiltaking 

Beaumont Partners, L.P.; Chairman, 

Southeast Texas Plant Managers Forum, 

Nederland; Plant Manager, Solvay 

Solexis, Inc., Orange; Huntsman 

Petrochemical LLC, Port Neches; 

Sabine-Neches Navigation District, 

Nederland; and the Greater El Paso 

Chamber of Commerce. EPA also 

received additional comments 

submitted by the Greater El Paso 

Chamber of Commerce. We received no 

adverse comments on the proposed rule. 

Comment: The Greater El Paso 

Chamber of Commerce requested that 

EPA take immediate action to make a 

determination that the El Paso County 

one-hour nonattainment area has 

attained the revoked one-hour ozone 

National Ambient Air Quality Standard 

(NAAQS). 

Response: This rulemaking finalizes 

EPA’s approval of Texas’s request to 

redesignate the BPA area to attainment 

for the 1997 8-hour ozone standard and 

for a determination that the BPA area 

attained the 1-hour ozone standard. The 

commenter’s request for a rulemaking 

determining attainment of the 1-hour 

standard for El Paso is outside the scope 

of our proposed action. EPA notes that 

we have previously approved the 

section 110(a)(1) maintenance plan for 

the El Paso 1997 8-hour ozone 

attainment area 74 FR 2387 (January 15, 

2009). 

Comment: The Greater El Paso 

Chamber of Commerce requested that 

EPA take immediate action to find that 

the Prevention of Significant 

Deterioration (PSD) program 

requirements are immediately effective 

in El Paso County. 


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Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64677 

Response: As noted in the previous 

response to comment, EPA’s rulemaking 

is not focused on the El Paso 1997 

8-hour maintenance area, but on the 

redesignation of the BPA area for the 

1997 8-hour ozone standard and a 

determination of attainment for that area 

for the 1-hour ozone standard. There is 

one respect, however, in which EPA 

wishes to respond in order to harmonize 

and assure consistency of treatment for 

areas with approved 1997 8-hour 

maintenance plans, whether they are 

initially designated attainment (like El 

Paso) or redesignated to attainment (like 

BPA) for that standard. EPA thus wishes 

to clarify a statement it previously made 

in approving the El Paso section 

110(a)(1) maintenance plan for the 1997 

8-hour standard 74 FR 2387 (January 15, 

2009). In that notice, EPA stated that a 

separate analysis under section 110(l) 

would be required to transition from a 

nonattainment New Source Review 

(NSR) permitting program to a PSD 

permitting program. Since that time, 

EPA has had further opportunity to 

consider the applicable statutory and 

regulatory provisions and the decision 

in South Coast Air Quality Management 

Dist. v. EPA, 472 F.3d 882 (DC Cir. 

2006). As a result, we no longer believe 

that the Clean Air Act requires a 

separate 110(l) analysis to replace 1- 

hour nonattainment NSR with PSD once 

an area has been redesignated to 

attainment for the 1997 8-hour standard, 

or has an approved 110(a)(1) 

maintenance plan for that standard. In 

sum, we believe that the approach to the 

nonattainment NSR/PSD transition that 

we are adopting here with respect to 

BPA should also be extended to El Paso. 

Thus, as long as the Texas NSR SIP is 

clear that the PSD SIP requirements 

apply to an area such as El Paso, then 

that is all that is required by EPA. 

III. What action is EPA taking? 

EPA is taking final action to approve 

several related actions under the Act for 

the BPA ozone nonattainment area, 

consisting of Hardin, Jefferson, and 

Orange counties. Consistent with the 

Act, EPA is taking final action to 

determine that the BPA area has 

attained the 1997 8-hour ozone NAAQS 

and to approve a request from the State 

of Texas to redesignate the BPA area to 

attainment of the 1997 8-hour ozone 

standard. This determination is based 

on complete, quality-assured, and 

certified ambient air quality monitoring 

data for the 2006–2008 ozone seasons 

that show that the 1997 8-hour ozone 

NAAQS has been attained in the area. 

Preliminary data available for 2009 and 

2010 indicate that the area continues to 

attain the 1997 8-hour ozone NAAQS. 

EPA is also finalizing a determination 

that the BPA area is meeting the 1-hour 

ozone standard. This determination is 

based on complete, quality-assured, and 

certified ambient air quality monitoring 

data for the 2006–2008 ozone seasons, 

as well as preliminary data available for 

2009 and 2010 that indicate the area 

continues to attain the 1-hour ozone 

NAAQS. 

EPA is taking final action to approve 

the 2002 base year emissions inventory 

as meeting the 1997 8-hour ozone 

requirement for the BPA 8-hour ozone 

nonattainment area. We are approving 

the State’s CFV program equivalency 

demonstration as meeting the sole 

outstanding antibacksliding 1-hour 

ozone requirement for the BPA serious 

1-hour ozone nonattainment area. We 

are finding that the BPA area, based 

upon this final approval of this 

emissions inventory and the CFV 

program equivalency determination, 

meets all the applicable CAA 

requirements under section 110 and Part 

D for purposes of redesignation for the 

1997 8-hour ozone NAAQS including 

all the applicable antibacksliding CAA 

requirements for a serious 1-hour ozone 

nonattainment area. Further, EPA is 

taking final action to approve into the 

SIP, as meeting section 175A and 

107(d)(3)(E)(iv) of the Act, Texas’ 

maintenance plan for the BPA area for 

the 1997 8-hour ozone NAAQS. The 

maintenance plan shows maintenance 

of the standard through 2021. 

Additionally, EPA is approving the 2021 

MVEB for NOX and VOCs shown in the 

table in section I above, which was 

submitted by Texas for the BPA area in 

conjunction with its redesignation 

request and maintenance plan. 

Consequently, EPA is taking final 

action to approve the State’s request to 

redesignate the area from nonattainment 

to attainment for the 1997 8-hour ozone 

NAAQS. After evaluating Texas’ 

redesignation request, EPA has 

determined that with this final approval 

of the above-identified SIP elements and 

the maintenance plan, the area meets 

the redesignation criteria set forth in 

section 107(d)(3)(E) and section 175A of 

the Act. The final approval of this 

redesignation request changes the 

official designation in 40 CFR part 81 

for the BPA area from nonattainment to 

attainment for the 1997 8-hour ozone 

standard. EPA also notes that with this 

final redesignation to attainment for the 

1997 8-hour ozone NAAQS and this 

final determination of attainment for the 

1-hour ozone NAAQS, the 1-hour antibacksliding obligations to submit 

planning SIPs to meet the attainment 

demonstration and reasonably available 

control measures (RACM) requirements, 

and the ROP and contingency measures 

requirements, cease to apply. Finalizing 

the 1-hour ozone attainment 

determination suspends for the BPA 

area the foregoing obligations, and they 

cease to apply upon EPA’s final action 

redesignating the BPA area to 

attainment for the 1997 8-hour ozone 

standard. In addition, after final 

redesignation to attainment for the 

1997–8-hour ozone standard, EPA does 

not require the continued application of 

1-hour anti-backsliding nonattainment 

NSR, if Texas interprets its SIP as 

applying PSD to BPA in these 

circumstances. 

EPA also is taking final action to 

approve the Post-1996 ROP Plan’s 

contingency measures and backfill 

failure-to-attain contingency measures, 

and the removal from the Texas SIP 

under section 110(l) of a VOC marine 

vessel loading contingency measure. 

Additionally, EPA is clarifying 

statements made and the approach it 

took with respect to the 1-hour ozone 

nonattainment NSR/PSD transition in 

its approval of the El Paso 110(a)(1) 

maintenance plan. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 

redesignation of an area to attainment 

and the accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by State law. A redesignation 

to attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the Clean Air 

Act for areas that have been 

redesignated to attainment. Moreover, 

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, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, these actions merely do 

not impose additional requirements 

beyond those imposed by State law and 

the Clean Air Act. For that reason, these 

actions: 


emcdonald on DSK2BSOYB1PROD with RULES
64678 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are 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); 

• Are not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

The Congressional Review Act, 

5 U.S.C. 801 et seq., as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 20, 

2010. 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Nitrogen dioxides, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

Dated: September 30, 2010. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

■ 40 CFR parts 52 and 81 are amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. Section 52.2270 is amended as 

follows: 

■ a. The table in paragraph (c) entitled, 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended under Chapter 

115 (Reg 5), Subchapter C, Division 1, 

by revising the entry for Section 

115.219. 

■ b. The second table in paragraph (e) 

entitled, ‘‘EPA-Approved NonRegulatory Provisions and Quasi 

Regulatory Measures in the Texas SIP’’ 

is amended by adding eight new entries 

at the end. 

The revision and additions read as 

follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject State approval/ 

submittal date EPA approval date Explanation 

*******

Chapter 115 (Regt 5)—Control of Air Pollution from Volatile Organic Compounds 

*******

Subchapter C—Volatile Organic Compound Transfer Operations 

Division 1: Loading and Unloading of Volatile Organic Compounds 

*******

Section 115.219 .............................. Counties and Compliance ............. 11/15/2006 10/20/2010 [Insert citation of publication in Federal Register].


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Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64679 

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject State approval/ 

submittal date EPA approval date Explanation 

*******

(e) * * * 

* * * * * 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or nonattainment area 

State submittal/effective date EPA approval date Comments 

.

* * * * * * * 

Redesignation Request for the 

1997 8-hour Ozone NAAQS 

(Hardin, Jefferson, and Orange 

Counties).

Beaumont/Port Arthur, TX ............. 12/10/2008 10/20/2010 [Insert citation of publication in Federal Register].

Determination of Attainment for the 

1-hour Ozone NAAQS (Hardin, 

Jefferson, and Orange Counties).

Beaumont/Port Arthur, TX ............. 12/10/2008 10/20/2010 [Insert citation of publication in Federal Register].

2002 Base Year Emissions Inventory.

(1997 8-hour Ozone NAAQS) ........

Beaumont/Port Arthur, TX ............. 12/10/2008 10/20/2010 [Insert citation of publication in Federal Register].

Texas Clean-Fuel Vehicle Program 

Equivalency Demonstration (1- 

hour Ozone NAAQS).

Beaumont/Port Arthur, TX ............. 12/10/2008 10/20/2010 [Insert citation of publication in Federal Register].

Substitute Control Measures for the 

SIP-Approved Failure-to-attain 

Contingency Measures (1-hour 

Ozone NAAQS).

Beaumont/Port Arthur, TX ............. 12/10/2008 10/20/2010 [Insert citation of publication in Federal Register].

Post 1996 Rate of Progress Plan 

Contingency Measures (1-hour 

Ozone NAAQS).

Beaumont/Port Arthur, TX ............. 11/16/2004 10/20/2010 [Insert citation of publication in Federal Register].

Maintenance Plan (1997 8-hour 

Ozone NAAQS, CAA Section 

175A).

Beaumont/Port Arthur, TX ............. 12/10/2008 10/20/2010 [Insert citation of publication in Federal Register].

2021 Motor Vehicle Emissions 

Budget (1997 8-hour Ozone 

NAAQS).

Beaumont/Port Arthur, TX ............. 12/10/2008 10/20/2010 [Insert citation of publication in Federal Register].

■ 3. Section 52.2275 is amended by 

adding paragraph (h) to read as follows: 

§ 52.2275 Control strategy and 

regulations: Ozone. 

* * * * * 

(h) Determination of attainment for 

the 1-hour ozone standard and 

redesignation for the 1997 8-hour ozone 

standard. Effective November 19, 2010, 

EPA has determined that the Beaumont/ 

Port Arthur ozone nonattainment area 

has attained the 1-hour ozone National 

Ambient Air Quality Standard (NAAQS) 

and has redesignated the area to 

attainment for the 1997 8-hour ozone 

standard. With this final redesignation 

to attainment for the 1997 8-hour ozone 

NAAQS and this final determination of 

attainment for the 1-hour ozone 

NAAQS, the 1-hour anti-backsliding 

obligations to submit planning SIPs to 

meet the attainment demonstration and 

reasonably available control measures 

(RACM) requirements, and the ROP and 

contingency measures requirements, 

cease to apply. 

PART 81—[AMENDED] 

■ 4. The authority citation for part 81 

continues to read as follows: 

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

■ 5. In § 81.344, the table entitled, 

‘‘Texas-Ozone (8-Hour Standard)’’ is 

amended by: revising the entries for 

Beaumont/Port Arthur TX; Revising 

footnote 3; and adding a new footnote 

4 at the end of the table. 

The revisions and addition read as 

follows: 

§ 81.344 Texas. 

* * * * * 


emcdonald on DSK2BSOYB1PROD with RULES
64680 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 

TEXAS-OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/ 

Classification 

Date 1 Type Date 1 Type 

*******

Beaumont/Port Arthur TX: 

Hardin County .................................................................................. (3) Attainment ................. (3) 

Jefferson County ............................................................................. (3) Attainment ................. (3) 

Orange County ................................................................................ (3) Attainment ................. (3) 

* * * * * * * 

3Effective November 19, 2010. 

4Effective October 31, 2008. 

* * * * * 

[FR Doc. 2010–26261 Filed 10–19–10; 8:45 am] 

BILLING CODE 6560–50–P 


emcdonald on DSK2BSOYB1PROD with RULES